Product Liability Airbag Interrogatories | Colorado Law | D.J. Banovitz

PLAINTIFF’S FIRST SET OF NON-PATTERN INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS CORPORATION

Plaintiffs Jane Innocent submits the following Non-Pattern Interrogatories to Defendant General Motors Corporation.

Section 1. Instructions to All Parties

(a) These are general instructions. For time limitations, requirements for service on other parties, and other details, see C.R.C.P. 16(b)(1)(IV), 26, 33, 121 § 1-12, and the cases construing those Rules.

(b) These interrogatories do not change existing law relating to interrogatories nor do they affect an answering party’s right to assert any privilege or objection.

Section 2. Instructions to the Answering Party

(a) An answer or other appropriate response must be given to each interrogatory checked by the asking party.

(b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See C.R.C.P. 33 for details.

(c) Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer it to the extent possible.

(d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party.

(e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found.

(f) Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information.

(g) Your answers to these interrogatories must be verified, dated, and signed. you may wish to use the following form at the end of your answers: “I declare under penalty of perjury under the laws of the State of Colorado that the foregoing answers are true and correct.”

(DATE) _____________ (SIGNATURE) ____________________________

Section 3. Definitions

Words in BOLDFACE CAPITALS in these interrogatories are defined as follows:

(a) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding.

(b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf.

(c) PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.

(d) DOCUMENT means a writing, as defined in CRE 1001 and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.

(e) HEALTH CARE PROVIDER includes any PERSON or entity referred to as a “Health Care Professional” or “Health Care Institution” in C.R.S. 13-64-202(3) and (4).

(f) ADDRESS means the street address, including the city, state, and zip code.

NON-PATTEERN INTERROGATORIES

Please state whether YOU manufactured the SDM module in the subject vehicle. If YOUR answer to Interrogatory Number 1 is yes, please provide the following:

the date the SDM module was manufactured;
whether YOU had a quality control department at the time YOU manufactured the SDM module;
identify the PERSON responsible for implementing any quality control procedures relating to the manufacture of the SDM module.

Do YOU contend that any other entity was the manufacturer of the SDM module. If YOUR answer to Interrogatory Number 2 is yes, please provide the following:

whether YOU have any ownership interest in the entity identified in YOUR response to this interrogatory;
whether YOU have at any time acquired the assets and/or liabilities of the entity identified in YOUR responses to the interrogatories.

Please identify each writing relating to the production specifications utilized in the manufacturing of the SDM module in the subject vehicle and identify the present custodian of each writing identified in YOUR answer to this interrogatory.

Please identify each PERSON who supervised the manufacturer of the subject SDM module and provide the following:

set forth the description of the PERSON’S qualifications to supervise the manufacturer of the subject SDM module;
identify the PERSON who supervised the design of the subject SDM module;
set forth the description of the PERSON’S qualifications to supervise the design of the subject SDM module.

Do YOU contend that the subject SDM module was manufactured in compliance with all applicable federally mandated design standards?

if YOUR answer to this interrogatory is yes, please identify each federally mandated design regulation relating to the subject SDM module;
if YOUR answer to this interrogatory is no, please state the reason for any deviation from any applicable design regulation;
if YOUR answer to this interrogatory is yes, please state whether YOU conducted any tests to ensure that the design of the subject SDM module comported with each applicable design regulation;
please identify the custodian of each writing identified or relied upon in YOUR answer to this interrogatory.

Do YOU contend that the subject SDM module was designed or manufactured in accordance with state of the art design or manufacturing techniques existing as of the date of the design or manufacturer?

if YOUR answer to this interrogatory is yes, please set forth any limitations upon the design or manufacturer of the subject SDM module that existed as of the date of the design or manufacturer that do not exist at this time;
identify any writing relating to any technological limitation set forth in YOUR answer to this interrogatory;
identify the present custodian of each writing identified in YOUR answer to this interrogatory.

Please state whether there existed as of the date of the subject SDM module was manufactured any design or performance standard applicable to the subject SDM module.

if YOUR answer to this interrogatory is yes, please set forth the description of each design or performance standard;
if YOUR answer to this interrogatory is yes, please identify each PERSON that promulgated the design or performance standard;
if YOUR answer to this interrogatory is yes, please state whether YOU considered the requirements of the design or performance standard in the design or manufacture of the subject product;
if YOUR answer to this interrogatory is yes, please identify each writing relating to the design or performance standard;
please identify the present custodian of each writing identified in YOUR answer to this interrogatory.

Please state whether YOU performed any tests to determine whether the subject SDM module was reasonably safe for its intended uses.

if YOUR answer to this interrogatory is yes, please set forth the description of each test YOU conducted;
if YOUT answer to this interrogatory is yes, please set forth the date of each test;
if YOUR answer to this interrogatory is yes, please state whether there existed a written protocol relating to each test;
please identify each writing relating to any protocol identified in YOUR answer to this interrogatory;
if YOUR answer to this interrogatory is yes, please state whether any tests were memorialized in each writing;
if YOUR answer to this interrogatory is yes, please set forth the means by each test protocol was evaluated to determined whether it constituted a reasonable replication of the intended uses of the SDM module;
if YOUR answer to this interrogatory is yes, please state whether the results of any tests referred to any DOCUMENT filed with any public entity;
if YOUR answer to this interrogatory is yes, please identify the person charged with the responsibility to evaluate the performance of the SDM module in each tests.

Please state whether YOU issued any express warranty regarding the quality or fitness of the SDM module.

if YOUR answer to this interrogatory is yes, please set forth the wording of the warranty.

Please state whether the sale of the subject SDM module gave rise to any implied warranty relating to the SDM module.

Did YOU make any changes in the design of the subject SDM module after the date that the SDM module in the subject vehicle was manufactured?

if YOUR answer to this interrogatory is yes, please set forth the nature of the design change;
if YOUR answer to this interrogatory is yes, please set forth the reason that design change was undertaken;
if YOUR answer to this interrogatory is yes, please set forth the date the design change was undertaken;
if YOUR answer to this interrogatory is yes, please identify each person who determined that the design change was necessary;
if YOUR answer to this interrogatory is yes, please identify each person who undertook to implement the design change;
if YOUR answer to this interrogatory is yes, please identify any drawing, plan or design relating to the design change;
please identify the present custodian of each plan drawing or design identified in YOUR answer to this interrogatory.

Please identify each action or event that YOU contend contributed to the deployment of the airbags in the subject vehicle and as to each such action or event please set forth with specificity the manner in which YOU contend the airbag deployed.

Please state whether prior to the INCIDENT any person contended that a SDM module of the same design or that in this case, was defective.

if YOUR answer to this interrogatory is yes, please set forth the date that YOU were first reprised of that contention;
if YOUR answer to this interrogatory is yes, please identify each PERSON who advanced that contention;
if YOUR answer to this interrogatory is yes, please identify each writing relating to that contention;
please identify the present custodian of each writing identified in YOUR answer to this interrogatory;
if YOUR answer to this interrogatory is yes, please describe the steps YOU took to determine whether the contention was well founded;
please identify each writing and the present custodian of each writing identified in YOUR answer to this interrogatory.

Please state whether YOU were aware of any claimed defect in the subject SDM module, of the same design or in this case, prior to the INCIDENT.

if YOUR answer to this interrogatory is yes, please describe each defect;
if YOUR answer to this interrogatory is yes, please set forth the date that the prior knowledge was communicated to YOU;
if YOUR answer to this interrogatory is yes, please identify each writing relating to the communication of the prior knowledge;
please identify the present custodian of each writing identified in YOUR answer to this interrogatory.

Do YOU contend that YOU had no knowledge of any defect in the SDM module utilized in the manufacturer of the subject vehicle prior to the INCIDENT.

Please state whether YOU were apprised of any safety risks or hazards associated with use of the SDM module prior to the INCIDENT.

if YOUR answer to this interrogatory is yes, please set forth the date that YOU were apprised of the safety risks and the nature of the safety risks;
if YOUR answer to this interrogatory is yes, identify the PERSON who apprised YOU of the safety risk;
identify each writing relating to the safety risk.

Please state whether at the time YOU manufactured the SDM module YOU were notified of any injuries allegedly arising from the same defect that is the subject of the Plaintiffs’ Complaint.

please set forth the date YOU were apprised of that allegation;
identify each writing;
identify each PERSON who advanced the allegation and set forth the allegations taken by YOU in response to any such allegation.

Please state whether any PERSON initiated any legal proceeding against YOU that alleged that a plaintiff was injured in an occurrence similar to the this INCIDENT.

if YOUR answer to this interrogatory is yes, identify each party to that litigation, the date on which that proceeding was initiated and set forth the filing number under which that legal proceeding was filed;
if YOUR answer to this interrogatory is yes, identify the jurisdiction in which that action was filed and set forth the disposition if any of that legal action;
if YOUR answer to his interrogatory is yes, identify counsel for each party to that legal action;
if YOUR answer to this interrogatory is yes, identify the present custodian of any writings relating to the legal action.

Please state whether YOU are aware of any report or other writing that purports to evaluate the SDM module in this case.

if YOUR answer to this interrogatory is yes, identify each writing, the date YOU became aware of the existence of the writing, whether YOU currently possess a copy of the writing.

REQUEST FOR PRODUCTION OF DOCUMENTS

Please provide all photographs, videos, records, films, charts, sketches, plans, drawings, graphs, diagrams, writings and/or DOCUMENTS of any kind relied upon or referred to in YOUR answers to the interrogatories.

All memorandum, reports, notes, diaries, diagrams, drawings or DOCUMENTS of any kind relating to this INCIDENT, the vehicles involved in the INCIDENT, including but not limited to, reports of any investigators.