Sample Requests for Production of Documents to Trucking Company

COLE TAYLOR, Individually and as
Personal Representative of the
Estate of Helena Cain, deceased
v.
PEGASUS TRUCKING, INC.
and
LEE ADAMA

Case No. CV-1701-2011

TO: PEGASUS TRUCKING, INC.

FROM: COLE TAYLOR

Pursuant to the Federal Rules of Civil Procedure, Rule 34, you shall permit a representative of the Plaintiff to inspect and copy each of the following documents, including all documents in the custody of, or under the control of, any agent or representative of the Defendant. A written response to this request shall be served within thirty (30) days and the documents are requested to be produced for inspection and copying at the offices of Posner & Cord, LLC.

1. This request is continuing in nature, thereby requiring you to change, supplement, and correct your production to conform to all available information, including such information as first becomes available after the initial production.
2. “Documents” means any tangible item discoverable under Federal Rule of Civil Procedure, Rule 34.
3. If more than one copy of a requested document exists, this request includes a request for production of all non-identical copies.
4. The terms “you” or “your” include the person to whom these requests are addressed, and all of that person’s agents, representatives, or attorneys.
5. In accordance with Rule 34, the terms “document” or “documents” include all writings, drawings, graphs, charts, photographs, recordings, and other data compilations from which information can be obtained, translated, if necessary, by you through detection devices into reasonably usable form.

1. Any and all documents, bills, statements, correspondence, or records of any description pertaining to Helena Cain or Plaintiffs, or to the collision involving Helena Cain.
2. The entire personnel file of Lee Adama, including but not limited to application records, employment history, disciplinary records, promotion records, complaint records, education or training history, drug tests, criminal background checks and any other documents kept in the regular course of business.
3. Any and all contractual or legal agreements between you and Lee Adama pertaining to his current and past employment.
4. Any charts, tables, or other documents detailing the hierarchical and/or organizational structure of Pegasus Trucking, Inc., and Pegasus Trucking Services, Inc.
5. Any and all documents which comprise, refer to or relate to insurance agreements under which any person carrying on an insurance business might be liable to satisfy all or part of a judgment that may be entered in this action or to indemnify or reimburse you for payments made to satisfy such a judgment.
6. Any and all documents, reports, memoranda, notes, recordings or statements of any kind by any person or entity which refer or relate to the vehicular collision involving Helena Cain.
7. Any and all documents, reports, memoranda, notes, recordings or statements of any kind which refer or relate to any vehicular collisions involving Lee Adama.
8. Any and all time sheets, schedules, or duty rosters by whatever name called for the time period from to April 1, 2004 to May 12, 2004.
9. Any and all documents, forms, check-lists, maintenance logs and equipment manifests created by any person or entity that refers or relates to the vehicle involved in the collision with Helena Cain, whether such material was created before or after the collision.
10. Any and all photographs, charts, pictures, images, video, diagrams, drawings, descriptions or other documents referring or relating to the vehicle involved in the collision with Helena Cain.
11. Any and all vehicle manuals, operating manuals, or other instructions or guidelines referring or relating to the operation or use of the tractor-trailer or any equipment located on or in the vehicle involved in the collision with Helena Cain.
12. Any and all manuals, handbooks, operating guidelines, policies, procedures, pamphlets, memos, or other documents relating to employees, safety or equipment operation in effect at the time of the collision.
13. Any and all maintenance logs or vehicle inspection lists created by Lee Adama in the two years prior to the collision involving Lee Adama.
14. Any and all documentation, including accident reports, internal or external investigations, or other notes pertaining to automobile accidents involving any vehicle driven by Lee Adama while in your employ for the past ten years.
15. Any and all documentation, including accident reports, internal or external investigations, or other notes pertaining to automobile accidents involving the vehicle with vehicle identification number (VIN) 1FUYSDYB2YLG96439 for the past ten years.
16. Any and all documents memorializing any citations, warnings, or fines issued by any governmental or regulatory body to you or your drivers pertaining to driver operations, automobile regulations, safety, or legal compliance.
17. Any and all licensing applications, approvals, denials, revocations, or other documents referring or relating to Lee Adama’s authorization to operate a tractor-trailer in any geographic region.
18. Any and all agreements, settlements, or understandings between you or your insurance carrier and any other person who suffered injury or property damage on the same day at the same location as the collision involving Helena Cain.
19. All documents referred to or used to answer interrogatories.
20. All records of any communications, including transcripts, notes, memoranda, electronic and digital records, between Lee Adama and you (including your agents, servants, employees, and independent contractors) for the 48 hour period before and after the collision on May 11, 2004.
21. All records, including logs, notes, memoranda, electronic and digital records of the geographic position and status (including speed and direction of travel) of the truck driven by Lee Adama for the 48 hours prior to and including the collision on May 11, 2004.
22. All documents detailing the chain of custody of the vehicle with vehicle identification number (VIN) 1FUYSDYB2YLG96439 immediately after the collision on May 11, 2004 to the present.
23. All statements given by Lee Adama and you (including your agents, servants, employees and independent contractors) regarding the collision on May 11, 2004, including but not limited to: statements to the media, statements made in a court of law or under the penalty of perjury, statements made to any agency or group that investigated the collision (including police, state troopers, and the Maryland Transportation Authority) and statements made to insurance companies.
24. All vehicle leases, subleases, trip leases, or other leasing or sharing arrangements involving the tractor or trailer (including any container or chassis, if applicable) by Pegasus Trucking, Inc., and Pegasus Trucking Services, Inc. from thirty days prior to the subject collision to thirty days subsequent to the collision.
25. All reports, notes, data, and other documents that comprise an investigation of the cause or circumstances of the May 11, 2004 collision, including technical investigations of the truck with vehicle identification number (VIN) 1FUYSDYB2YLG96439.
26. A copy of each incident/accident report for Lee Adama’s accidents from May 1, 1999 to the present.
27. All training and education materials relating to Defendants’ adherence and implementation of 49 CFR, Part 382, Subparts A-F.
28. All Defendants’ policies or customs regarding installation, maintenance, and settings of any governors on the trucks operated by Defendants’ drivers including but not limited to Lee Adama’s truck.

Respectfully submitted,

POSNER & CORD, LLC

________________________________
John J. Cord
Attorneys for Plaintiff

Served with Complaint