IN THE UNITES STATES DISTRICT COURT FOR THE EASTERN ...

IN THE UNITES STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JIMMY CLAIBORNE, and wife §
BRENDA CLAIBORNE §
§
Plaintiffs, §
§
v. § No. 3:99-CV-344,345
§ Judge Jordan
TIME MANUFACTURING §
COMPANY, INC., EUSCO, INC., §
and GEAR PRODUCTS, INC., §
§
Defendants. §
PLAINTIFFS’ FIRST REQUESTS FOR PRODUCTION TO DEFENDANT
TIME MANUFACTURING COMPANY
TO:
Time Manufacturing Company
through its attorneys of record:
Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Plaintiffs in this action
hereby requests that you respond to the following Requests for Production separately, in writing,
fully, completely and truthfully, under oath, and serve said responses upon the attorney for
Plaintiffs within the time provided in said Rule. This first set of Requests for Production is
continuing in nature, so as to require you to file and serve supplementary responses if further or
different information becomes available to you at any time before trial, in accordance with said
rule and as otherwise provided by law.
INSTRUCTIONS
You are requested to furnish all information in your possession and all information
available to you, not merely such information as you know of your own personal knowledge, or
from business records, but also all knowledge available to you, your employees, officers and

agents by reason of inquiry, including inquiry of their representatives. If you are unable to
respond to any of the following requests completely, respond to the extent possible, specifically,
and state whatever information or knowledge you have concerning the document or information
sought.
If you rely upon the attorney-client privilege or any other privilege as a ground for
objection to production of any document called for in these requests, please state for each such
document which you refuse to produce:
(a)
(b)
the name and address of the author of the document;
the name and address of any person to whom the document was sent or to whom
copies were sent or circulated at any time;
(c)
(d)
(e)
the name of any person currently possessing the document or a copy thereof;
a brief description of the nature and subject matter of the document; and
the nature of the privilege claimed.
DEFINITIONS
In an effort to avoid cumbersome and needless repetition, the Plaintiff sets forth below
certain definitions of terms. Please note that these terms are underlined in the requests that
follow in order to bring clearly to the attention of the responding party the information that is
being sought.
A. The words "you" and "your" as used herein and in the following requests include your
subsidiaries and predecessors in business as well as officers, directors, agents, servants, and
employees or any other persons, firms or corporations who acted for you or on behalf of you, or
any subsidiary or predecessor.
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B. The word "document" includes any written, typed, printed, pictorial, graphic or
photographic material of any sort or description whatsoever, as well as any copy or reproduction
thereof, and also, any voice recording or any recorded or electronically stored information or
data from which any oral, typed, printed or graphic material may be obtained by any means
whatsoever.
C. The word "person" shall include a natural person, firm, corporation, association or
any type of governmental or political agency or entity.
D. The words "identity" and "identify" when used in connection with a document as
defined herein indicate that you are to give:
1. Its type and general nature;
2. Its title or subject;
3. The date it was written, printed, made, published or recorded;
4. The name and address of each author or person who aided in its preparation;
5. The name and address of the publisher, if any;
6. Any number or other designation needed to identify it completely;
7. The name and address of each individual addressee (including those who were
to receive copies); and
8. In the case of a document meant to serve as an instruction, direction or
warning, a brief description of the class of persons to which it was meant to be directed.
E. The word "identify" when used in connection with a person as defined herein
indicates that in the case of a natural person you are to give his or her:
1. Full name;
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2. Business address and business telephone number(s);
3. Principal occupation;
4. Connection or relationship to any of the parties, issues or facts of this
case.
Where the subject is other than a natural person, give:
a. Its full name;
b. The address of its principal office and its principal place of
business;
c. The nature of its principal business, profession, function or
purpose; and
d. Its connection or relationship to the parties, issues or facts of this
case.
F. The word “statement” as used in these Interrogatories and Requests for
Production means any written document, recording of an oral conversation or monologue by a
person, as defined herein, by electronic or any other means, or any other archival of words
issued, uttered, spoken, or adopted by such person, made for the purpose of recording factual
information or opinions concerning an event, occurrence, incident, or other happening.
G. The phrase “the accident” or “this accident” refers to the accident alleged in the
Complaint from which Plaintiff suffered the injuries complained of in this case.
H. The term “the product” or “bucket truck” means the Ford F-800 identified by
V.I.N. 1FDYF80E9WVA20329, including the VO42-MHI Versalift identified by Serial No.
AY9709, which is the product at issue in this lawsuit.
I. The term “Versalift” means the boom arm model VO42-MHI, identified as Serial
No. AY9709, as well as any component parts making up the arm, including but not limited to the
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otation bearing, pedestal, and any critical fasteners, which is part of the product at issue in this
lawsuit.
J. The term “KUB” means the Knoxville Utilities Board.
K. The term “rotation bearing” means the bearing identified in Defendant Gear
Products’ initial disclosures, identified by Plaintiffs as model number 449-05106-L, serial
number 97B02214-04, which Plaintiffs have alleged was incorporated into the design of the
Versalift.
REQUESTS FOR PRODUCTION
1. Produce for inspection any parts of the Versalift, including any bolts , critical
fasteners, or other parts obtained by you in preparation of this lawsuit or as part of any
investigation of or inquiry into this accident.
RESPONSE:
2. Produce for inspection and copying all maintenance records regarding, referring
or relating to the Versalift for any work performed from the date of manufacturing to present,
specifically including but not limited to those documents referring, regarding or relating to the
pedestal, critical fasteners, or the rotation bearing.
RESPONSE:
3. Produce an exact color copy of all pictures taken by you of the Versalift.
RESPONSE:
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4. Produce for inspection and copying all service, operation, and other manuals in
your possession regarding, referring or relating to the Versalift, concerning the manufacture,
assembly, testing, marketing, maintenance, repair, safety, or operation of the Versalift.
RESPONSE:
5. Produce a copy of any documents in your possession at any time referring,
regarding, or relating to any investigation of the accident on March 11, 1998 wherein Plaintiff
Jimmy Claiborne was injured, including but not limited to any drawings, sketches, notes,
photographs, models, videotape, computer generated materials, computer files, e-mail, recorded
statements, or any other documents in your possession at any time from March 11, 1998 to
present.
RESPONSE:
6. Produce all documents identified by you in response to Interrogatory No. 5.
RESPONSE:
7. Produce all documents regarding, referring or relating to any and all testing
identified in your response to Interrogatory No. 6.
RESPONSE:
8. Produce all documents identified by you in response to Interrogatory No. 8.
RESPONSE:
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9. Produce all documents available to you regarding, referring or relating to any and
all testing activities performed by persons or laboratories identified in your response to
Interrogatory No. 11.
RESPONSE:
10. Produce all documents regarding, referring or relating to any and all lawsuits
identified in your response to Interrogatory No. 12.
RESPONSE:
11. Produce all documents regarding, referring or relating to any incident, event or
occurrence identified in your response to Interrogatory No. 13.
RESPONSE:
12. Produce all documents regarding, referring, or relating to any complaints by
operators, maintenance personnel, supervisors, or any other persons about the Versalift as they
relate to the operation, maintenance, repair and service of the Versalift.
RESPONSE:
13. Produce a copy of all articles and documents identified in your Answer to
Interrogatory No. 14.
RESPONSE:
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14. Produce the written report of any expert witness identified in your response to
Interrogatory No. 16.
RESPONSE:
15. Produce the curriculum vitae, qualifications, and fee schedule of each and every
person identified by you in response to Interrogatory No. 16.
RESPONSE:
16. Produce all documents regarding, referring, or relating to the data upon which any
expert identified in your response to Interrogatory No. 16 relies upon in forming his or her
opinion.
RESPONSE:
17. Produce a copy of all articles written by any expert witness identified by you in
your response to Interrogatory No. 16 that are listed on his or her curriculum vitae or any Rule
26 report generated by you.
RESPONSE:
18. Produce a transcript of all trial or deposition testimony identified by you in your
answer to Interrogatory No. 17.
RESPONSE:
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19. Produce a copy of all standards identified by you in response to Interrogatory No.
19.
RESPONSE:
20. Produce all documents upon which any non-expert witness identified by you in
your Answer to Interrogatory No. 20 expects to rely upon as part of the basis of his or her
testimony you propose to offer at the trial of this case.
RESPONSE:
21. Produce all non-privileged documents regarding, referring, or relating to the
impropriety or incorrectness identified by you in your response to Interrogatory No. 21.
RESPONSE:
22. Produce a copy of all non-privileged documents upon which you rely upon in
formulating your Answer to Interrogatory No. 22.
RESPONSE:
23. Produce all notes, records, memoranda, or other documents regarding, referring,
or relating to conversations between you and KUB concerning the Versalift, the product, or any
matter regarding, referring, or relating to the substance of the accident or this lawsuit.
RESPONSE:
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24. Produce any and all documents regarding, relating or referring to standards of
quality and quality control manuals utilized in the design, manufacture and sale of the product.
RESPONSE:
Respectfully submitted this day of , 2000.
____________________________________
SIDNEY GILREATH
R. CHRISTOPHER GILREATH
Gilreath & Associates
550 Main Avenue, Suite 600
P.O. Box 1270
Knoxville, TN 37901-1270
865/637-2442
Attorneys for Plaintiffs
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and exact copy of the foregoing Plaintiffs’
First Requests for Production to Defendant Time Manufacturing Company has been served upon
all counsel of record in this cause by delivering a true and exact copy to the offices of counsel of
record shown at the addresses below or by placing a copy in the United States mail, postage
prepaid:
Mr. Harry P. Ogden
Lewis, King, Krieg, Waldrop & Catron, P.C.
620 Market Street
P.O. Box 2425
Knoxville, TN 37901-2425
R. Bruce Duffield
Lord, Bissell & Brook
115 South LaSalle Street
Chicago, IL 60603
Attorneys for Time Manufacturing Company
William T. Ramsey
Phillip D. Irwin
Neal & Harwell
2000 First Union Tower
150 Fourth Avenue North
Nashville, TN 37219
Attorneys for EUSCO, Inc.
Mr. Thomas S. Scott, Jr.
Arnett, Draper & Hagood
2300 First Tennessee Plaza
Knoxville, TN 37929-2300
Attorney for Gear Products, Inc.
This ________ day of April, 2000.
GILREATH & ASSOCIATES
by: ________________________
Attorney for Plaintiffs
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