NOTICE OF ELECTRONIC FILING · AlaFile E-Notice To: CHRISTOPHER D GLOVER [email protected] 03-CV-2015-900868.00 NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF MONTGOMERY

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

State of Alabama

Unified Judicial System

Form ARCiv-93 Rev.5/99

COVER SHEETCIRCUIT COURT - CIVIL CASE

(Not For Domestic Relations Cases)

Case Number:

Date of Filing:

03-CV-2015-900868.00

05/29/2015

Judge Code:

GENERAL INFORMATION

IN THE CIRCUIT OF MONTGOMERY COUNTY, ALABAMA

First Plaintiff:

DARIAN COLLEY v. TUI EXPRESS INCORPORATED ET AL

Business

Government

Individual

Other

BusinessFirst Defendant:

Government

Individual

Other

NATURE OF SUIT:

TORTS: PERSONAL INJURY

WDEA - Wrongful Death

TONG - Negligence: General

TOMV - Negligence: Motor Vehicle

TOMM - Malpractice-Medical

TOPL - Product Liability/AEMLD

TOWA - Wantonnes

TOLM - Malpractice-Legal

TOOM - Malpractice-Other

TBFM - Fraud/Bad Faith/Misrepresentation

TOXX - Other:

TORTS: PERSONAL INJURY

TOPE - Personal Property

TORE - Real Property

OTHER CIVIL FILINGS

ABAN - Abandoned Automobile

ACCT - Account & Nonmortgage

APAA - Administrative Agency Appeal

ADPA - Administrative Procedure Act

ANPS - Adults in Need of Protective Services

OTHER CIVIL FILINGS (cont'd)

MSXX -

CVRT - Civil Rights

COND - Condemnation/Eminent Domain/Right-of-Way

CTMP-Contempt of Court

CONT-Contract/Ejectment/Writ of Seizure

Birth/Death Certificate Modification/Bond ForfeitureAppeal/Enforcement of Agency Subpoena/Petition toPreserve

TOCN - Conversion

EQND- Equity Non-Damages Actions/DeclaratoryJudgment/Injunction Election Contest/Quiet Title/Sale ForDivision

CVUD-Eviction Appeal/Unlawfyul Detainer

FORJ-Foreign Judgment

FORF-Fruits of Crime Forfeiture

MSHC-Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition

PFAB-Protection From Abuse

FELA-Railroad/Seaman (FELA)

RPRO-Real Property

WTEG-Will/Trust/Estate/Guardianship/Conservatorship

COMP-Workers' Compensation

CVXX-Miscellaneous Circuit Civil Case

ORIGIN: F

R

A

T

INITIAL FILING

REMANDED

APPEAL FROMDISTRICT COURT

TRANSFERRED FROMOTHER CIRCUIT COURT

O OTHER

HAS JURY TRIAL BEEN DEMANDED? Yes No

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


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. *




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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.)



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.




COUNT III (Gross Negligence/Wantonness – Defendants James, Defendants TUI, Inc. and TUI, LLC)



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:

6

(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



COUNT IV (Negligent Hiring, Training and Supervision – Defendants TUI, Inc. and TUI, LLC)



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

7

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)



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.




8

COUNT VI (Combined and Concurring Negligence)



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.




COUNT VII (Worker’s Compensation)



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


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

OF COUNSEL: BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C. 218 Commerce St. (36104) Post Office Box 4160 Montgomery, AL 36103-4160 (334) 269-2343 telephone (334) 954-7555 facsimile [email protected] [email protected] [email protected] [email protected]

mailto:[email protected]



11

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



PLAINTIFF’S FIRST CONSOLIDATED INTERROGATORIES AND REQUEST FOR PRODUCTION TO DEFENDANT YASIN STEVEN-CONLEY JAMES

I.

DIRECTIONS FOR ANSWERING INTERROGATORIES AND




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,

notebooks, account books, orders, invoices, statements, bills, checks (or check stubs or records),

vouchers, purchase orders, reports, studies, surveys, charts, maps, analyses, publications, books,

pamphlets, periodicals, catalogues, brochures, schedules, circulars, bulletins, notices,

instructions, manuals, journals, data sheets, work sheets, statistical compilations, data processing

cards, microfilms, computer records (including printouts, floppy or other magnetic storage

3

media), tapes, photographs (positive or negative prints), drawings, films, videotapes, pictures,

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.

4

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.

7

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

8

(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


CERTIFICATE OF SERVICE

I hereby certify that I have filed a copy of the foregoing document with the Circuit Clerk

along with the Summons and Complaint on this the 29th day of May, 2015.

s/ Christopher D. Glover OF COUNSEL





1



PLAINTIFF’S FIRST CONSOLIDATED DISCOVERY TO DEFENDANTS TUI EXPRESS INCORPORATED AND TUI EXPRESS LLC

I.




2

DIRECTIONS FOR ANSWERING INTERROGATORIES

Plaintiff in the above-styled action serves these interrogatories upon Defendants TUI

Express Incorporated (hereinafter “TUI, Inc.”) and TUI Express LLC (hereinafter “TUI, LLC”),

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) “Driver” – For the purposes of these requests, the term “driver” shall refer to

Defendant Yasin Steven-Conley James, the driver of the subject vehicle.

3) “Subject vehicle or your vehicle” – For the purposes of these requests, the terms

“subject vehicle” or “your vehicle” shall refer to the vehicle driven by your driver on or about

April 4, 2015, on Highway 82 (Southern Boulevard) in Montgomery County, Alabama.

4) “FMCSR” – For the purposes of these requests, the term “FMCSR” shall refer to

the Federal Motor Carrier Safety Regulations.

As used herein the term “document” means without limitation the following items,

whether printed, record or reproduced by any other mechanical means or process or written or

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produced by hand: agreements; contracts; orders; purchase orders; communications;

correspondence; letters; telegrams; tape recording; memoranda; summaries; notes; or other

recordings of telephone conversations, personal conversations or meetings; corporate charters,

by-laws, minutes or other documents of any description evidencing action taken by a corporate

entity; deeds, leases, mortgages, security agreements or legal documents of any kind and

description; agenda of meetings; notices, records and interoffice memoranda; personal

memoranda; photographs; photographic slides; motion pictures films; charts; graphs; diagrams;

drawings; bookkeeping entries; bills; invoices; orders; receipts; canceled checks; vouchers;

ledger sheets; computer printouts; reports; statements of witnesses; findings of investigations;

files; records of negotiations; reports of experts; reports of consultants; papers; books; records;

objects; summaries; videotapes; maps; posters; pamphlets; fliers and any and every other written,

graphic, mechanical or tangible means by which human intelligence is in any way transmitted,

reported, recorded or preserved.

The term “person” means any natural person, firm, corporation, partnership, joint

venture, governmental unit or agency thereof, or any judicial person or any other legal entity.

The word “communication” means any written or oral contact or communication or

document relating thereto between two or more persons or companies and shall include without

limitation written contact by such means as letters, memoranda, telegrams, telex or by any such

means as face-to-face meetings and telephone conversations.

Unless otherwise specified, as used herein, the words “meeting” and “meetings” mean

any coincidence or presence of two or more persons between or among whom some

communication occurs whether or not such coincidence of presence was by change or

prearranged, formal or informal or in connection with some other activity.

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INSTRUCTIONS

If you object to the furnishing any document on the basis of attorney-client privilege or

any other basis, please identify the document by the date it bears, or if none, under the date it was

written; by the name and address of it; by the name and address of each person to whom it was

addressed and each person to whom a copy was identified as being directed; by the name and

address of each person who received a copy of the document; by description of the document, as

for instance, a letter memorandum; but its present location or custodian; or if unknown, its last

known location or custodian; and by the present location and custodian of each copy; or if

unknown, its last known location or custodian.

If any requested documents or things cannot be produced in full, produce to the extent

possible, specifying each reason for your inability to produce the remainder and stating whatever

information, knowledge or belief you do have concerning the unproduced portion.

If any document requested was in defendant’s possession or control, but is no longer in

defendant’s possession or subject to defendant’s control, state what disposition was made of it,

the reason for such disposition, and the date thereof.

In producing documents and things pursuant to this request, furnish all documents or

things known or available to you regardless of whether such documents or things are possessed

directly by you or your agents, employees, representatives, or investigators or by your attorneys,

their agents, employees, representatives or investigators.

If any documents or things requested were at one time in existence but are no longer in

existence, then so state, specifically for each document or thing:

(a) the type of document or thing;

(b) the types of information contained thereon;

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(c) the date upon which it ceased to exist;

(d) the circumstances under which it ceased to exist;

(e) the identity of all persons having knowledge or the circumstances under which it

ceased to exist; and

(f) the identity of all persons having knowledge of who had knowledge of the

contents thereof.

You are requested to produce all original documents, and all other copies not absolutely

identical to the originals. In addition, you are requested to produce all drafts and notes (whether

typed, handwritten or otherwise) made or prepared in connection with such documents, whether

used or not.

This Request for Production of Documents is deemed to be continuing. If, after

producing documents and things, you obtain or become aware of further documents, things or

information responsive to this Request for Production of Documents, you are required to produce

to plaintiff such additional documents and things and/or provide Plaintiff with such additional

information.

INTERROGATORIES

1. Please state the legal name of this Defendant.

2. State the nature of the relationship between this Defendant and Yasin Steven-

Conley James.

3. List each time that this Defendant has been sued as a result of motor vehicle

accidents, giving dates, names, and the courts involved.

4. Has this Defendant ever been the subject of an investigation of any kind by the

Department of Transportation? If so, please explain your answer.

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5. Identify each person, now known to this Defendant, who was a witness to the

incident made the basis of the Plaintiff’s Complaint.

6. Identify each person who drove the subject vehicle during the 30 days prior to the

collision.

7. Identify and describe all documents which would evidence the purpose for which

Yasin Steven-Conley James was making his trip on the date of the collision.

8. Give your understanding of the employment history of Yasin Steven-Conley James

starting with the first job you know about to the present.

9. List each traffic violation by Yasin Steven-Conley James for the past ten (10) years.

10. List each motor vehicle accident in which Yasin Steven-Conley James was

involved for the past ten (10) years.

11. Is this Defendant exempt in any manner from the FMCSR?

12. Does this Defendant provide its employees with any safety literature, safety

programs, safety manuals, safety memoranda, or other written documents pertaining to safety? If

so, please explain.

13. Does this Defendant participate in any type of safety program with its liability

insurance carrier? If so, please explain.

14. Identify and describe any and all safety inspections performed by you on the vehicle

driven by Yasin Steven-Conley James in this accident.

15. Identify and describe any and all actions taken by this Defendant to insure Yasin

Steven-Conley James' compliance with all safety policies mandated by this Defendant.

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16. Does this Defendant maintain any type of complaint system or procedure for

receiving and handling complaints by individuals against this Defendant’s drivers? If so, please

explain.

17. Give the full name, job title, and address of the Safety Director for this Defendant.

18. If this Defendant has no safety director, who is in charge of and responsible for

safety for this Defendant?

19. Give the name and address for each dispatcher for this Defendant and identify each

dispatcher who was involved in the trip which Yasin Steven-Conley James was making at the time

of the collision.

20. Please describe each and every change, alteration, repair, or modification made to

the subject vehicle after the collision.

21. List each person, corporation or other entity who or which has performed

maintenance, repairs, or inspections on the subject vehicle at any time prior to or subsequent to the

collision.

22. Please give the name and current address of any person who was a passenger in your

vehicle at the time of the collision.

23. Did Yasin Steven-Conley James ever prepare, submit, or make any written

statement or report of the collision?

24. Did this Defendant take any disciplinary action of any kind against Yasin Steven-

Conley James as a result of the incident?

25. Was Yasin Steven-Conley James charged in any manner as a result of the incident?

If so, explain your answer?

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26. Is Yasin Steven-Conley James still employed by this Defendant? If not explain

your answer, giving date of termination and reason for same?

27. 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

(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.

REQUEST FOR PRODUCTION In addition to documents requested herein above, Plaintiff specifically requests that this

Defendant produce the following documents and things:

1. All documents upon which this Defendant relied, in whole or in part, in answering

the above interrogatories.

2. A copy of the current resume and/or curriculum vitae of each expert witness

consulted by you.

3. 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.

4. A copy of the certificate of title to the subject vehicle.

5. A copy of all bills of sale, contracts, documents, or other records evidencing the

purchase or lease of the subject vehicle.

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6. The driver qualification and employee file on Yasin Steven-Conley James.

7. Please produce the following:

a. a complete personnel file on Yasin Steven-Conley James;

b. the employment application for Yasin Steven-Conley James;

c. the certificate of road test for Yasin Steven-Conley James;

d. all documents relating to the written examination taken by Yasin Steven-

Conley James, including questions asked, the answers given, and the

certificate of written examination issued to Yasin Steven-Conley James.

e. Any documents related to Yasin Steven-Conley James and/or his employer

which are maintained in your database of qualified sub-contractors.

8. Copies of all annual reviews of the driving record of Yasin Steven-Conley James.

9. Any and all records pertaining to the daily activities of Yasin Steven-Conley James

for the time period of one year prior to the wreck.

10. All maintenance records pertaining to the subject vehicle for the time period of one

year prior to the wreck.

11. All receipts for repairs pertaining to the subject vehicle for the time period of one

year prior to the wreck.

12. Any and all log books kept by Yasin Steven-Conley James pertaining to the subject

vehicle or any vehicle for a 90-day period prior to the subject accident.

13. All records, time slips, canceled checks, pay stubs, and other documents concerning

wages paid to and hours worked by Yasin Steven-Conley James for the time period of one year

prior to the wreck.

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14. A copy of the rules and regulations manual, by whatever name, which was provided

by this Defendant to Yasin Steven-Conley James, and a receipt showing the driver received the

material.

15. A copy of all accident reports pertaining to the motor vehicle collision that were

filed with any governmental agencies.

16. All monthly inspection records pertaining to the subject vehicle for the time period

of one year prior to the wreck.

17. Copies of all driver vehicle inspection reports pertaining to the subject vehicle as

required by FMCSR §396.11 for the time period of one year prior to the wreck.

18. Any inspection or pre-inspection reports or records pertaining to the subject vehicle.

19. A copy of all "thirty-day inspection reports" for the subject vehicle.

20. All photographs or videos taken of the scene of the wreck or the vehicles involved in

the collision.

21. The dispatch records for Yasin Steven-Conley James for 90 days preceding the date

of the collision.

22. The dispatch records for the subject vehicle for 90 days preceding the date of the

collision.

23. A copy of all any safety literature, safety programs, safety manuals or other written

documents pertaining to safety provided to employees by this Defendant.

24. A copy of any and all safety material furnished to this Defendant by its liability

insurance carrier.

25. A copy of any and all materials related to the Defendant's procedure for handling

complaints.

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26. A copy of any documents furnished to this Defendant by:

a. the Department of Transportation;

b. the Alabama Public Service Commission;

c. the Alabama State Troopers;

d. any other governmental agency, whether local, state or federal.

27. A copy of all records Yasin Steven-Conley James was required to keep pertaining

to his daily activities for this Defendant or otherwise for the time period of one year prior to the

wreck.

28. The incident report relating to the collision.

29. The report, if any, of injury of Yasin Steven-Conley James to the Worker's

Compensation carrier by this Defendant.

30. All road-side inspection reports for this Defendant for the past three years.

31. Current motor carrier profile for this Defendant.

32. Any company safety policies and handbooks used, or implemented by the

Defendant.

33. Copy of all company accidents reports for this defendant in last five years.

34. A copy of any policy of insurance which provides any type of coverage related to

the collision.

35. A copy of the insurance policy or policies that are providing coverage for the

incident that occurred on April 4, 2015, which is the subject matter of this lawsuit.

36. Driver’s Qualification File pursuant to §391.51.

37. Please produce the original application pursuant to Part 391.21.

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38. Please produce the reference background checks for three (3) years and ten (10)

years pursuant to §391.21 and 383.35(c).

39. Please produce the driving record for three (3) years pursuant to part 391.23(b).

40. Please produce the annual review pursuant to §391.27.

41. Please produce the list of violations for the past 36 months pursuant to part

391.21(b)(8).

42. Please produce the medical certificate for Yasin Steven-Conley James pursuant to

part 391.51(b)(1).

43. Please produce the physical examination form pursuant to §391.45.

44. Please produce a certificate of the road test for Yasin Steven-Conley James

pursuant to Part 391.31(e).

45. Please produce complete road test form pursuant to Part 391.31.

46. Please produce a copy of Yasin Steven-Conley James’s CDL license and class

endorsement pursuant to Part 383.

47. Produce a copy of Yasin Steven-Conley James’s drug screening consent form

pursuant to Part 40.323.

48. Produce proof of Yasin Steven-Conley James’s truck training pursuant to Part 40

and the literature or information used to train Yasin Steven-Conley James.

49. Acknowledgement of Motor Carrier Safety Drug Policy pursuant to Section 40.

50. Produce all electronically stored data related to the truck driven by Yasin Steven-

Conley James, including emails, Qualcomm or similar data for a 90-day period prior to the

accident.

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51. Please produce the Equipment Maintenance Records pursuant to Part 396.3 for the

time period of one year prior to the wreck.

52. Produce the Equipment Inspection Records pursuant to Part 396.9 and 396.17 for

the time period of one year prior to the wreck.

53. Produce the Driver’s Vehicle Inspection records pursuant to Part 396.11 for the

time period of one year prior to the wreck.

54. Produce a copy of Yasin Steven-Conley James’s daily log sheets pursuant to Part

395.8 for the time period of one year prior to the wreck.

55. Produce Yasin Steven-Conley James’s time cards.

56. Produce Yasin Steven-Conley James’s payroll records for the previous 12 months

prior to the incident.

57. Produce Yasin Steven-Conley James’s sign in and sign out sheet at the terminals

for the past 12 months prior to the incident.

58. Produce Yasin Steven-Conley James’s fuel purchase, slips or receipts for the past

12 months prior to the incident.

59. Produce Yasin Steven-Conley James’s bridge, tunnel, toll and turnpike receipts

for the past 12 months prior to the incident.

60. Produce Yasin Steven-Conley James’s hotel and motel receipts for the 12 months

prior to the incident.

61. Produce Yasin Steven-Conley James’s travel orders, trip sheets, manifest, bill of

laden, and weigh bills for the 12 months prior to the incident.

62. Please produce all training videos used by this Defendant.

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63. Please produce a copy of any and all letters, literature, or other documents

distributed to Yasin Steven-Conley James between the time he was hired and July 24, 2012

either during a safety meeting or any other time.

64. Please produce a copy of the entire log file including but not limited to copies of

letters concerning any type of violations pertaining to Yasin Steven-Conley James.

65. Please produce a copy of the entire accident file including but not limited to any

statement given by Yasin Steven-Conley James to any employee of this Defendant.

66. Please produce a copy of the declaration sheet for any insurance policy that

provides coverage for this incident, including excess and umbrella policies.

67. Please produce the job application of Yasin Steven-Conley James.

68. Please produce written responses from Yasin Steven-Conley James’s prior

employer and state agencies contacted during the three years preceding the application for

employment.

69. Please produce any and all performance evaluations on Yasin Steven-Conley

James.

70. Please produce any company policy and procedure manual, by whatever name or

description, provided by this Defendant to Yasin Steven-Conley James from the date of hire to

the present.

71. Please produce all prior motor vehicle accident or incident reports involving

Yasin Steven-Conley James from the date of hire to the present.

72. Please produce all materials related to this Defendant’s procedures for handling

complaints from employees who experience mechanical problems with company motor vehicles.

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73. Please produce any and all incident reports, by whatever name or description, or

title, relating to the collision.

74. Please produce any and all photographs taken of the scene of the collision or of

the vehicles involved in the collision.

75. Please produce a copy of all reports or other documents pertaining to this collision

which were filed with any governmental agencies.

76. Please produce all maintenance invoices and maintenance records for the subject

vehicle which were performed for one year prior to this incident.

77. Please produce all repair invoices for the subject vehicle which were performed

for one year prior to this incident.

78. Please produce any and all “Driver’s Report of Accident” prepared by Yasin

Steven-Conley James on this incident.

79. Please produce any “driver equipment report” form completed by Yasin Steven-

Conley James on the date of this incident.

80. Please produce a copy of the owner’s manual for the subject truck.

81. Please produce a copy of this Defendant’s sub-contracting guidelines.

82. Please produce a copy of any and all agreements and/or contracts between this

Defendant and Yasin Steven-Conley James and/or his employer.

83. Any electronically created data relating to this truck or this incident, including

black box data, satellite tracking or any other data created in electronic form.

84. Any terminal posters, posters for drivers, or any method of conveying safe driving

policies, techniques or recommendations to any one of your drivers.

REQUEST FOR ADMISSION

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The Plaintiff requests the Defendant to either admit or deny the following:

1. The subject truck was driven by Yasin Steven-Conley James on the date of the

collision.

2. Yasin Steven-Conley James was employed by this Defendant on the date of the

incident and was acting as the agent of this Defendant at the time.

3. The subject vehicle was owned by this Defendant on the date of the accident.

4. Yasin Steven-Conley James, the driver was acting within the line and scope of his

employment and agency at all times material to this action, and specifically including this

collision.

5. This Defendant was responsible for the maintenance of the vehicle driven by

Yasin Steven-Conley James at the time of the accident.

6. That this Defendant evaluated Yasin Steven-Conley James’s qualifications as a

driver prior to the date of the accident.

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

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CERTIFICATE OF SERVICE

I hereby certify that I have filed a copy of the foregoing document with the Circuit Clerk

along with the Summons and Complaint on this the 29th day of May, 2015.

s/ Christopher D. Glover OF COUNSEL



