Truck Accident Sample Request for Production of Documents: RPD to Truck Owner

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

AMY SMITH
– Plaintiff
v
Jones Trucking
– Defendants

CASE NO.: 05-C-08-6591

Request for Production of Documents

You are requested to file within thirty (30) days a written response to request on the (attached Document Schedule) and to produce those documents for inspection and copying within thirty (30) days of service of this Request at the Law Offices of Miller & Zois, LLC, 1 South St, #2450, Baltimore, MD 21202.

1. Your written response shall state with respect to each item or category, that inspection-related activities will be permitted as requested, unless the request is refused, in which event the reasons for refusal shall be stated. If the refusal relates to part of an item or category, that part shall be specified.
2. In accordance with the Maryland Rules, the documents shall be produced as they are maintained in the usual course of business or you shall organize and label them to correspond with the categories in the request.
3. These requests shall encompass all items within your possession, custody or control.
4. These requests are continuing in character so as to require you to promptly amend or supplement your response if you obtain further material information.
5. If in responding to these requests you encounter any ambiguity in construing any request, instruction or definition, set forth the matter deemed ambiguous and the construction used in responding.
6. If you are declining to produce any material requested on the basis of the attorney-client privilege, the work product doctrine, or any other claim of protection or privilege, you must provide the information required by Md. Rule 2-402 (e).

Definition

As used in these requests, the following terms are to be interpreted in accordance with these definitions:

1. The term “person” includes any individual, joint stock company, unincorporated association or society, municipal or other corporation, state, which agencies or political subdivisions, and court, or any other governmental entity.
2. The terms “you” or “your” include the persons to whom these requests are addressed, and all that person’s agents, representatives or attorneys.
3. In accordance with the Maryland Rules, the terms, “document” or “documents” includes all writings, drawings, graphs, charts, photographs, recordings, and any other data computations from which information can be obtained, translated, if necessary by (you), through detection devices, into reasonably usable form.
4. The term “occurrence” means the incident complained of in the Plaintiff’s complaint.

Documents Regarding Defendant Driver

1. The entire personnel file of Defendant Hawkes.
2. The entire human resources file of Defendant Hawkes.
3. Defendant Hawkes’s employment application and any notes or documentation regarding his interview for employment.
4. The entire qualification file or any file regarding any investigation into the qualifications of the Defendant Hawkes before he was hired or retained.
5. Reports received or generated regarding Defendant Hawkes’s safety record before he was hired.
6. Reports received or generated regarding Defendant Hawkes’s safety record after Defendant Hawkes was hired.
7. Reports received or generated regarding Defendant Hawkes’s criminal background check before he was hired
8. Reports received or generated regarding Defendant Hawkes’s criminal background check before after he was hired.
9. Defendant Hawkes’s driving record secured by this Defendant before he was hired.
10. Defendant Hawkes’s driving record secured by this Defendant at any time after he was hired.
11. Any documents regarding Defendant Hawkes’s employment history.
12. Documentation regarding any contact with any prior employers of Defendant Hawkes prior to hiring Defendant Hawkes.
13. All medical documentation in your possession regarding the health of Defendant Hawkes including but not limited to any physicals, drug testing, vision testing, etc. or regarding Defendant Hawkes’s physical condition at any time while employed by this Defendant.
14. Any and all documents regarding any safety tests taken by Defendant Hawkes.
15. The results of any safety tests taken by Defendant Hawkes.
16. Any and all documents regarding any reprimands, criticisms, or complaints as to Defendant Hawkes at any time he was employed by this Defendant.
17. A copy of Defendant Hawkes’s driver’s license.
18. Documents regarding the completion, attempts or non-completion of any driving programs attended by Defendant Hawkes.
19. The entire drug and alcohol file of Defendant Hawkes including, but not limited to, pre-employment, post-occurrence, random, reasonable suspicion and return to duty drug and alcohol testing results.
20. Any and all payroll and benefit records for Defendant Hawkes.
21. The entire safety performance file for Defendant Hawkes.
22. Any and all records of health insurance claims, disability claims, sickness or doctors’ excuses or the entire medical records chart of the Defendant Hawkes for three (3) years prior to the occurrence
23. All logs – official or unofficial – of Defendant Hawkes for six (6) months prior to and thirty (30) days after the collision.
24. Any and all state safety audits of Defendant Hawkes.
25. Any and all federal occurrence reports filed by Defendant Hawkes for the year 2009 and for three (3) years prior to the occurrence.
26. All of the records of Defendant Hawkes for the seven (7) days prior to the occurrence and for the day of the occurrence, which documents you are required to retain under 49 C.F.R. §395.8 (k) and subsequent DOT guidance and interpretation of “supporting documents”:
    1. Bills of lading;
    2. Carrier pros;
    3. Freight bills;
    4. Dispatch records;
    5. Driver call-in records;
    6. Gate record receipts;
    7. Weight/scale tickets;
    8. Fuel billing statements;
    9. Toll receipts;
    10. International registration plan receipts;
    11. International fuel tax agreement receipts;
    12. Trip permits;
    13. Lessor settlement sheets;
    14. Port of entry receipts;
    15. Cash advance receipts;
    16. Delivery receipts;
    17. Lumper receipts;
    18. Interchange and inspection reports;
    19. Over/short and damage reports;
    20. Agricultural inspection reports;
    21. Commercial Vehicle Safety Alliance reports;
    22. Occurrence reports;
    23. Telephone billing statements;
    24. Credit card receipts;
    25. Driver fax reports;
    26. On-board computer reports;
    27. Border crossing reports;
    28. Custom declarations;
    29. Traffic citations;
    30. Overweight/oversize reports and citations; and
    31. And/or other documents directly related to the motor carrier’s operation which are retained by the motor carrier in connection with the operation of its transportation business.
27. Any and all cellular and telephone records, including bills of Defendant Hawkes, for the day of the occurrence and seven (7) days prior and seven (7) days after.
28. Copies of any and all fuel tax reports of Defendant Hawkes for the month of the occurrence.
29. Any and all DOT inspection reports filed by Defendant Hawkes for the year of the occurrence and three (3) years prior.
30. Any and all long form DOT physicals of Defendant Hawkes.
31. Any and all Seven Day Prior Forms or Eight Day Prior Forms for Defendant Hawkes for the month of this collision.
32. Any documents in your possession regarding any insurance coverage for Defendant Hawkes.
33. Produce any other file or documents regarding Defendant Hawkes not previously requested above.

Documents Relative to the Vehicle Involved

1. Any and all DOT and State inspections of the vehicle involved in the occurrence for the year of the occurrence and one (1) year prior.
2. Produce copies of any and all satellite communications and e-mail for the day of the occurrence and seven (7) days prior, as well as all recorded ECM data with reference to all data available, including:
   1. trip distance;
   2. total vehicle driving time;
   3. load factor;
   4. vehicle speed limit;
   5. maximum vehicle speed recorded;
   6. number of hard brake incidents;
   7. current engine speed (rpm);
   8. maximum and minimum cruise speed limits;
   9. total vehicle driving distance;
   10. fuel consumption (gal./hr.);
   11. idle time;
   12. engine governed speed;
   13. maximum engine speed recorded;
   14. current throttle position;
   15. brake switch status (on/off);
   16. odometer;
   17. trip driving time;
   18. overall fuel economy (MPG);
   19. average driving speed;
   20. number of engine overspeeds;
   21. number of vehicle overspeeds;
   22. current vehicle speed (MPH);
   23. clutch switch status (on/off); and
   24. clock.
3. All documents relating to information recorded by any type of Global Positioning System, such as Qualcomm, Highway Master, XATA or other such systems, regarding all vehicles driven by Defendant Hawkes for the period January 15, 2009 to September 15, 2009.
4. All documents relating to information recorded by any type of Video Recording System, such as DriveCam, Safety Vision, or other such systems, regarding all vehicles driven by Defendant Hawkes for the period January 15, 2009 to September 15, 2009.
5. All documents relating to information recorded by any type of Radar Collision Warning System, such as VORAD or other such systems, regarding all vehicles driven by Defendant Hawkes for the period January 15, 2009 to September 15, 2009.
6. All documents relating to information recorded by any type of Accelerometer Recording System, such as Independent Witness, Inc.’s Witness or other such systems, regarding all vehicles driven by Defendant Hawkes for the period January 15, 2009 to September 15, 2009.
7. Copies of any and all printouts and copies of any and all electronic files of data imaged (i.e., downloaded) from the Electronic Control Module (ECM) for any vehicle involved in the occurrence.
8. Copies of any and all printouts and copies of any and all electronic files of data imaged (i.e., downloaded) from the Airbag Control Module (ACM), Powertrain Control Module (PCM), and Roll Over Sensor (ROS) for any vehicle involved in the occurrence.
9. Copies of any and all printouts and copies of any and all electronic files of data imaged (i.e., downloaded) from any and all Event Data Recorded (EDR) relating to any of the vehicles involved in the occurrence. An EDR means a device or function in a vehicle or remote of the vehicle that records any vehicle or occupant-based data just prior to or during a crash, such that the data can be retrieved after the crash.
10. The Permanent Unit File or its equivalent including, but not limited to, records relating to the repairs, maintenance, and costs for the vehicle involved in the occurrence.

Expert Witness Documentation

1. All notes, correspondence, bills, invoices, diagrams, photographs, x-rays or other documents prepared or reviewed by each person whom you expect to call as an expert witness at trial.
2. All written reports of each person whom you expect to call as an expert witness at trial, including any drafts.
3. All documents upon which any expert witness you intend to call at trial relied to form an opinion.
4. All invoices generated by expert witnesses for performing all expert witness services to Defendants, including but not limited to, the fees for the medical examination, the records review, the pretrial preparation, any telephone conference, any trial testimony anticipated and any other fee paid by the Defendants for expert fees.
5. Any and all correspondence exchanged between counsel for this Defendant and any expert.
6. Any expert’s current fee schedule.
7. The most recent resume or curriculum vitae of each expert whom you expect to call as an expert witness at trial.
8. Any list kept by any expert of that expert’s testimony by way of deposition or trial testimony.
9. Any and all 1099 forms for any expert that demonstrates the source(s) of payment(s) to the expert, or the expert’s practice, from any insurance company or defense law firm that compensated the doctor for any forensic work performed in the last three years at the request of any defense law firm or insurance company.
10. Any and all Quickbooks or other similar accounting tools used to document sources of payments made to the experts, or the expert’s practice, from any insurance company or defense law firm that compensated the doctor for any forensic work performed in the last three years at the request of any defense law firm or insurance company.
11. Any and all tax returns for any expert that demonstrates the source(s) of payment(s) to the doctor from any insurance company or defense law firm that compensated the doctor for any forensic work performed in the last three years at the request of any defense law firm or insurance company. All other personal information is NOT requested and may be redacted.

Contracts and Leases

1. Any lease agreements and/or contracts that were in effect at the time of the occurrence between this Defendant and any other Defendant or entity regarding the scope and use of the vehicle involved in the occurrence.
2. Any contracts between this Defendant and any other Defendant or entity regarding indemnification or contribution for claims arising out of the occurrence.
3. Any releases, Mary Carter agreements, or any other documents which serve to limit, reduce or modify your potential liability in this matter or your potential joint and several share of any judgment that may be entered in this matter.
4. Any documents regarding the existence of insurance coverage for the occurrence, any reservation of rights, or any other documents regarding any dimunition or modification of any insurance coverage that may potentially cover any judgment entered as a result of the occurrence.

General Document Requests

1. Any document prepared during the regular course of business as a result of the occurrence complained of in Plaintiff’s Complaint.
2. Any photographs taken regarding the vehicles, the scene, or any other matter relevant to the occurrence.
3. Any video surveillance or imaging of the Plaintiff.
4. The employee handbook issued to Defendant Hawkes.
5. Any safety manuals in effect at the time of the occurrence.
6. Any driver’s manuals in effect at the time of the occurrence.
7. All insurance policies including liability, general liability, excess umbrella for the vehicle, and any other insurance that will, or may, cover the occurrence.
8. A copy of the driver’s manual or handbook issued to Defendant Hawkes.
9. All documents identified in your Answers to Interrogatories, as well as any documents provided by any party to this lawsuit in their Answers to Interrogatories.
10. All written, recorded, or signed statements of any party, including the Plaintiff, Defendants, witnesses, investigators or agents, representatives or employees of the parties concerning the subject matter of this action.
11. All photographs, videotapes or audio tapes, x-rays, diagrams, medical records, surveys or other graphic representations of information concerning the subject matter of this action, the Plaintiff or property damage.
12. Any documents
    received pursuant to any subpoena requests.
13. Copies of any treatise, standards in the industry, legal authority, rule, case, statute or code that will be relied upon in the defense of this case.

Ronald V. Miller, Jr.
Laura G. Zois
1 South St, #2450
Baltimore, MD 21202
(410) 779-4600
(410) 760-8922 ( facsimile)
Attorney for Plaintiff