louann van der wiele - safetyresearch.net

IN THE MATTER

D /'

RACHEL LOZANO

~ '7

')\

DAIMLER CHRYSLER A G, ET AL.

LOUANN VAN DER WIELE

March 5, 2002

USTO N REPORTING SERVICE

1010 LAMAR, SUITE 1400HOUSTON, TX US.A. 77002

(713) 739-1400 FAX: (713) 739-1410

Original File DERWIELE. V1 95 PagesMin- Script&J File ID: 3149016090

Word Index included with this Min- ScriptcID

RACHEL LOZANO DAIMLERCHRYSLER AG, ET AL.

LOUANN VAN DER WIELEMarch 5, 2002

(1) No. 01-2090-(2) RACHEL LOZANO

(3) Plainttil,

(4J VS.

(S) DAIMLERCHRYSLER AG , ET AL(6) Defendants.

(7J

) IN THE DISTRICT COURT

) OF NUECES COUNTY, TEXAS

) 28TH JUDICIAL DISTRICT

(8)

(9)

(10)

(11)

(121

(13)

(14) ORAL AND VIDEOTAPED DEPOSITION OF LOUANN VAN(1S) DER WIELE, produced as a wnness af the instance of the(16) Plaintiff . and duly sworn, was taken in the above-styled(17) and numbered cause on the 5th of March, 2002 , from 10:01(18) a.m. to 1 :56 p. m.. before Dianna L. Tynes, CSR in and

(19) for the State of Texas , reported by machine shorthand(20) at 6671 Southwest Freeway, Sune 303 , Houston, Texas(21) pursuant to the Texas Rules of Civil Procedure, Notice(22) and the provisions stated on the record or attached

(23) hereto.

(24)

ORAL AND VIDEOTAPED DEPOSITION OFLOUANN VAN DER WIELE

MARCH 5 , 2002

(2S)

Page 1 !

! (1) APPEARANCES

FOR DAIMLERCHRYSLER CORPORATION AND MS. VAN DER WIELE:

i (8)

: (2)

! (3) FOR THE PLAINTIFF:

i (4) Mr. Paul Gold

PERRY & HAAS

I (9)

I,,"

i(11)

i (12)

Mr. Stephen J. Ott

MILLER , CANFIELD , PADDOCK AND STONE , PLC.

! (5) 2300 Frost Bank Plaza

Min- ScriptIID

O. Box 1500

i (6)

i (7J

Corpus Christi, Texas 78403

Fax (361) 887-9507

840 West Long Lake Road, Sune 200

Troy, Michigan , 48098-6358

Fax (248) 879-2001

Mr. Burgain G. Hayes

CLARK, THOMAS & WINTERS

O. Box 1148

i(13) 300 West 6th Street , 15th Floor

HOUSTON REPORTING SERVICE(3) Page 1 - Page 2

Austin , Texas 78767

1(14) Fax (512) 474-1129

!r15) FOR CRYSTAL FLORES:

!(16)

! (17)

Mr. Robert J. Hell

ATIORNEY AT LAW

555 North Carancahua 1100 Tower

Corpus Christi . Texas 78478

! (18) Fax (361) 832-8353

iI19) ALSO PRESENT:

1(20) Mr. Kirby Redlin

2300 Frost Bank Plaza

i (21)O. Box 1500

Corpus Christi, Texas 78403

1(22)

!(23)

Mr- Roy Langley (Videographer)

O. Box 96118

Houston , Texas 77213-6118

:(24)

i (2S)


RACHEL LOZANO v. 'DAIMLERCHRYSLER AG, ET Ai.

Page 5 :

; (1) Q: And how are you employed?! (2) A: I'm an attorney for DaimlerChrysleri (3) Corporation.i (4) Q: And when you say that you re an attorney fori (S) DaimlerChrysler Corporation , are are you hired fromI I6) outside; or are you pan of the DaimlerChrysler

(1)

(2)

iNDEX

PAGE

I3) Appearances nnn---nnn---n'n.......... 2

(4) Stipuiations """"'n""n""'.---.---n

rsJ LOUANN VAN DER WIELE

(6) Examination by Mr. Gold """"'n"." (7J Signature and Changes """"""------"--- 90

(8) Reporter s Certificate .n---nn.."..."... 92(9) EXHIBITS

(10) NUMBER & DESCRIPTION PAGE

(11) Van Der Wiele Exhibn No. 289 """n"

List gathered by DaimlerChrysler

(12)

(13)

(14)

(1S)

Van Der Wiele Exhibn No. 290 .n..,,--- 74

List of names

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(2S)

Page 4 i

(1) MR. GOLD: We re just taking it according(2) to the Rules.(3) MR. OTT: Agreed.

(4) LOUANNVANDERWIELE(S) called as a witness , having been first duly sworn(6) testified as follows:(7J THE VIDEOGRAPHER: This is the videotape(8) deposition of Ms. Lou ann Wiele being taken on March 5th(9) 2002. The time is approximately 10:01 a.m. We are now

I10) on the record.(11) Counsel, please state your appearance for(12) the record.(13) MR. GOLD: I'm Paul Gold. I'm one of the(14) attorneys representing Rachel Lozano.(1S) MR. OTT: My name is Steve On.And I'm(16) appearing on behalf of DaimlerChrysler Corporation and(17) the witness. Record should reflect Mr. Burgain Hayes is(18) also here also representing the same parties.(19) MR. HElL: My name is Robenj.Heil.(20) I'm representing the Defendant , Crystal Flores.(21) EXAMINATION(22) BY MR. GOLD:

(23) Q: Would you, please , state your full name for(24) the jury.(2S) A: LouannVan DerWiele.

i (7J structure?

; i8) A: I'm an employee of DaimlerChrysler: (9) Corporation. an in-house attorney as we call it.1(10) Q: And to whom do you have direct-line reponing: (11) responsibility at DaimlerChrysler?: (12) A: Kenneth Gluckman.

i (13) Q: And Mr. Gluckman s title is what?i (14) A: His title is Vice President Associate Generalt (1S) Counsel Product Litigation and Regulation.

1(16) Q: The aspect ofthe general counsel's officei W) dealing with product regulation , is that dealing with

iI18) federal standards standard compliance?

1(19) A: It has to do with interaction with the federalI (20) government. NHTSA in panicular.! (21) Q: And then to whom does Mr. Gluckman have

i (22) direct-line reponing responsibility?1(23) A: William O'Brien.

ir24) Q: And Mr. O'Brien s title is what?(2S) A: Senior Vice President and General Counsel.

Page 6

i (1) Q: And your precise title as an employee for

i (2) DaimlerChrysler is what?i (3) A: Assistant General Counsel Product Litigationf (4) and Discovery.i (S) Q: And how many people have direct-line reponing! (6) responsibility to you?! (7J MR. OTT: In-house I (S) Q: (BY MR. GOLD) In in-house

i (9) A: Attorneys or all staff personnel?

i(10) Q: Just direct direct line.i (11) A: Direct line would be

1(12) Q: Just the number.I (13) A: Ei~t. That that's not exactly right.i (14) Direct line would be more than that. It would be

1(15) probably ten.i (16) Q: Okay. And then if DaimlerChrysler retains

i(17) outside counsel to assist in prosecuting or defending a

i (18) product liability case, then those individuals repon toi(19) you as well?!(20) A: Generally, since I'm in charge ofthe producti (21) liability litigation, the counsel that do our work, you! (22) could - you could say that they repon generally to me;

i (23) or I oversee their handling of the cases.

1(24) Q: All right. Now, you re Since you

I (25) Assistant General Counsel Product Litigation and

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RACHEL LOZANO D1UMLERCHRYSLER AG, ET AI..

LOUANN VA..l'IJ DER WIELEMarch 5, 2002

Page 9Page 7 i

i (1) lto

i (2) Is there anyone in the product analysisI (3) staff or depanment who has primary responsibility for

i (4) claims relating to restraint systems?! (S) A: Not responsibility for the claims. BUt there1 IS) are individuals or engineers in the Product Liabilityi f7J Depanment that have certain areas of expertise. Andi (8) there is an engineer whose particular area of expertise: (9) is restraint systems seat belt systems.1(10) Q: And who is that individual?1(111 A: Keith Rosendahl.

1(12) Q: Rosen

1(13) A: Dahl:(14) Q: dahl.

t(1S) A: D-a- , I believe.i (1S) Q: And from what does Mr. Rosendahl's expenise

1(17) in restraint systems derive?

i'18) A: He has been with Chrysler Corporation for many

i!19) years , I'm thinking 25. years at least, and was involved

i (20) as a hands-on engineer with various restraint systems ini (21) various vehicles.

! (22) Q: Is there anyone in the product analysis Staff! (23) that has a special expertise with regard to the JA Bodyi (24) vehicles?(2S) A: In the restraint systems or the vehicle asa

Page 8 !(1) DaimlerChrysler has any defined structure for notifying

! f1) whole?(2) the Engineering Depanment whenever there ! (2) Q: I was going to say the vehicle as a whole and(3) DaimlerChrysler receives n.otice that an individual has ! (3) then sub- subcategory restraint syStems I4J been injured in a DaimlerChrysler vehicle allegedly ! (4) A: Yeah.(S) because of a defect in some aspect of the vehicle? i (S) Q: - in the JA Body.(6) A: The process that s in place is really through ! (6) A: I'm not aware of anyone individual that has(7J our product analysis Staff.And that s an engineering

! (7J expertise on the JA vehicle as a whole.(8) staff that is set up to assist us in the product i (8) Q: Okay.(9j liability litigation. They do not - Theres not a I (9) A: I think Mr. Rosendahl is knowledgeable about

(10) system so that they see a copy of every complaint thati (10) the restraint systems in that vehicle.

(11) served on the corporation. BUt they work on the i (11) Q: Does - Did Mr. Rosendahl have any hands-on(12) technical aspects of the product liability cases with ! (12) involvement in the design or engineering of the(13) the attorneys.

i (13) rear-restraint syStem of the JA Body vehicles?(14) Q: Who is the head of the product analysis staff? ! (14) A: Mr. Rosendahl has been in the Product Analysis(1S) A: Michael Currin.

i(1s) Department, well , when I staned with the corporation.(16) Q: Cu-r

1(1s) So his principal focus has been on-job duties in that(17) A: R-i-n. It's actually 1. Michael Currin.

if17) department. Whether or not he has some consulting role(i8) Q: And 1. Michael Currin' s title is what I (18) or other involvement, I can t tell you.I19J approximately?

i (19) Q: So, I'm understanding the response to be that(20) A: I'm not going to be able to give you his exact

I (20) for the last 25 years, Mr. Rosendahl has been in the(21) title. But he is the head of the Product Analysis

j (21) product - product (22) Depanment.

I (22) A: Product analysis.(23) Q: Is there anyone under J. Michael Currin in the ! (23) Q: I'm misunderstanding that. How long (24) Product Analysis Depanment who has responsibility over

i (24) That s not right. How long has Mr. Rosendahl been in(2S) repons from the field or through - Let me rephrase

I (2S) the product analysis area? He s been with Chrysler for

(1) Discovery, you re aware of the - the concept (2) discovery practice of a corporation selecting one or(3) more representatives to testify on its behalf with(4) regard to topics specified in a notice?(S) A: I'm familiar with that.Yes.(SJ Q: And you re being produced tOday as a(7J representative on behalf of DaimlerChrysler with regard(8) to DaimlerChrysler s notice in handling of incidents(9) that might be categorized as similar to the incident

(10) that has been alleged or occurred in this case?(11) MR. OTT: Object to form.

(12) A: It's my understanding that I am being produced(13) to testify regarding the lawsuits and claims lists that(14) were produced in connection with discovery in the Lozano(1S) case.

(16) Q: (BY MR. GOLD) Now, is there any structure or(17) any system at DaimlerChrysler for the Office of General(18) Counsel to interface or - or interact with the(19) Engineering Department with regard to information that(20) the Office of General Counsel receives regarding claims?(21) A: I don t know if I would characterize it as a(22) system. There cenainly is communication on a regular(23) basis between the Office of General Counsel and the(24) engineering community,(2S) Q: What - what I'd like to know is if

Page 10

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RACHEL LOZANO v. 'DAIMLERCHRYSLER AG, ET Ai.

(1) 25 years,

(2) A: Correct.(3) Q: So how many of those 25 years has he been(4) primarily in the Product Analysis Department?

i51 A: I started with DaimlerChrysler in April of(6) 1989. And it s my recollection that he either was in(7J the department at - in the Product Analysis Department18) at that time or started there shortly after that.(9) Q: Okay.

(10) A: It' s my understanding he was an engineer for(11) the corporation working on vehicles prior to the time he(12) joined the product analysis staff.(13) Q: Is the only area - Well, let me let me(14) try it again. Let me restart. One of the things that(15) DaimlerChrysler does once a - once a vehicle is placed(16) in the stream of commerce or made commerdallyavailable(17) is to monitor reports from the field regarding how that(18) vehicle performs. Is that correct?I19) A: I don t know that I can answer that question.(20) I know (21) MR. GOLD: Pardon me just a moment.(22) MR. OTT: Should we go off the record for(23) a second?(24) MR. GOLD: Yeah.

(25) THE VIDEOGRAPHER: Going off the record.

Page 11 : Page 13

l (1) vehicles from the field in term particularly in terms: (2) of whether the - the vehicles are safe or whether thei (3) vehicles have allegedly resulted in some sort of injury(4) to someone or damage to something that those sources(5) would be from dealerships, from the safety office , from(6) the federal government, and in letters directly to the(7J corporation from customers. Any anything else?f8) A: Did I say

19) MR. OTT: Object to form.(101 A: I wasn t paying close enough attention. Did(11) you mention telephone calls?

1(12) Q: (BY MR. GOLD) No. Telephone calls.! (13) A: Okay. Right. I mean , people contact the

i (14) corporation about lots of different things. Sometimes!(15) they just have questions. Sometimes they have commentsi (16) about the vehicle or the owner s manual. It' - They

! (17) contact the corporation for a myriad of reasons.

1118) Q: Okay. So let - let s refine it then. With! (19) regard to complaints or allegations that an individual

I (20) has allegedly been injured in a DaimlerChrysler vehiclei (21) as a result of the restraint system in the rear of the

1(22) vehicle. from what sources would DaimlerChryslerauempt! (23) to gather information about those - those types of! (24) complaints or reports from the field?i(25) A: Sure,

Page 12 .

(1) The time is 10:15 a.(2J (Off the record from 10:15 a.(3) to 10:1'5 a.

(4) THE VIDEOGRAPHER: We re now back on the(5) record. The time is approximately 10:15 a.(6) Q: (BY MR. GOLD) All right. Now, let me let(7J me let me rephrase the question. One of the - or f8) What - what structures does DaimlerChrysler have for(9) receiving and investigating reports from the field that

(10) one of its vehicles has allegedly resulted in an injury(11) to someone?(12) A: Okay. I can only answer that in a general(13) sense because my total experience with the corporation(14) has been in the Office of General Counsel where we deal(15) with - with product liability claims and lawsuits.(16) I know, just because of my time at the(171 corporation, that inputs about our vehicles come into(18) the corporation in a wide variety of manners. Many of(19) them through dealerships or through zone offices. Some(20) by - through the safety office , some via the federal(21) government , some via people who call in on the telephone(22) or write letters to the corporation expressing some type(23) of concern or praise of the vehicle, quite frankly.(24) Q: Right. So , I've got down that DaimlerChrysler(25) would receive information about the performance of its

Page 14

i (1) MR. OTT: Object to form.i (2) A: Actually, those type of complaints could come

i (3) in through any of the sources I mentioned in my last

I (4) response. Most frequently, they come into the Legal

I (5) Department via a lawsuit or in a letter from an attorney

i (6) or an individual.

i (7J Q: (BY MR. GOLD) Okay. So refining the area to: (8) complaints to DaimlerChrysler that individual that an! (9) individual or individuals had been allegedly injured as1(10) a result of the restraint system in the vehicle, I'm! (11) hearing DaimlerChrysler to say that that that the1(12) bulk of those types of complaints would - would

I (13) typically come through the Legal Department?!(14) A: That's correct.!(15) Q: Okay.And that those types of reports would

i (16) typically be received by the Legal Department in the

1(17) form of either a formal legal compliant. a petition , or

i (18) a - or a complaint or a letter from an attorney or !(19) A: A customer.

1(20) Q: - an individual or customer or something likeI (211 that?

i (22) A: Correct.

1(23) Q: Okay. Then let s focus on - on - on thati (24) area then just for a moment. Is there a structure at

i (25) DaimlerChrysler for attempting to identify whether there

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LOUANN VA.'\! DER WIELEMarch 5, 2002

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Pi are any particular trends or patterns with regard to a i (1) Q: In what year?(2) type of complaint? ! (2) A: 1981.P) MR. OTT: I'm going - I think I'm going i (3) Q: Did you take any courses fromJim McIlhaney?(4) to object beyond the scope of the notice. Objection : (4) A: I don t think I did.(5) also work product. ! (5) Q: Okay. Evidence?(6) MR. GOLD: Okay. As to whether there are

i (6) A: No. I remember my Evidence professor, and itf7J any - any such systems?

i (7J was not him.(8) MR. OTT: Well, you know, the - the i (8) Q: Okay. And do you have any other degrees other(9) choice to make such a system, I suppose , gets into, if I

I (9) than a law degree?(10) may, how the Legal Department goes about its business. !(to! A: I have a Bachelor s Degree in Business , but no

(11) And I think that s getting a little far afield and could I(tt) subsequent degrees.(12) potentially run into work-product issues. !(12) Q: And your focus in business was in what area?

(13J MR. GOLD: Okay. i(13) What discipline?

(14) Q: (BY MR. GOLD) So that we re clear, all I want I14) A: It was it was a business administration(15) to know is whether DaimlerChrysler has any systems or-

I (15) degree with a focus in personnel and employment116) Well , I can leave it at that. Does DaimlerChrysler have

!(16) relationship or - or something like that. It's been a(17j any systems or procedures in place for attempting to

1(17) long time.(18) identify whether there are any trends, potential trends,

i (t8) Q: All right. Have you ever heard the term. riskI19J or patterns with regard to complaints that are received

I (19) management?

(20) from the - the field regarding whether its restraint 1(20) A: Yes.(21) systems are performing as intended? ! (21) Q: Your understanding of the term, risk

(22) MR. OTT: All right. ll go ahead, and 1(22) management is what?

(23) allow her to answer that. i (23) A: Well, I'm not trying to be cute; but

(24) MR. GOLD: Okay. j(24) essentially, managing - managing risk.

(25) Q: (BY MR. GOLD) Are there?1(25) Q: Okay.

Page 16 iP) A: I have - Here s why I'm - I'm hesitatingf2) because I'm not sure I understand what you mean by,(3) like , a system or structure.(4) Q: Okay.

(5) A:

(6) Q: Let me - Go ahead.(7J A: The Legal Department has the ability to(8) identify allegations made by individuals in complaints(9) or in letters that it receives.(10) Q: Okay.

(11) A: Okay. I mean, so if a complaint comes in and(12) it alleges that there is some problem with a seat belt(13) we can identify that allegation as being made in in a

(14) certain lawsuit.

(15) Q: But here - here - here s my question (16) And I'm not confining this to - to the Legal(17) Department. I'm addressing this to DaimlerChrysler.(18) Okay. Is - And - and let me let me back up forI19) just a moment. Let me see if I can get a little(20) background and maybe it will help me with the - with(21) the questioning.(22) You ve gOt a law degree. Correct?(23) A: Correct.

(24) Q: And that s from where?(25) A: Wayne State University Law School.

Page 18

i (11 A: Identifying and then managing risk.I -

! (21 Q: And in that regard, there - there s twoi (3) components to risk management. One , you have to

i (4) identify the risk?i (5) A: That s correct.! (6) Q: The second is to attempt to develop programs: (7J or systems that can manage, control, reduce, ori (8) eliminate the risk?! (9) A: You re probably getting into more depth than Ii(10) understand that term.;(11) Q: Well, when you say

i (t2) A: It Certainly, management is addressing!(13) ho~ to deal with risk.1(14) Q: Okay.

! (15) A: And whether that's through programs or systems!(16) or processes or individuals, to me it all falls under

I (17) that, sort of, broad general category.

1(18) Q: And - and you would agree just from a

! (19) conceptual standpoint, that the best way to manage l"lsk

I (20) is attempt to eliminate the risk?j(21) MR. OTT: Object to form.

:(22) Q: (BY MR. GOLD) If you can eliminate the risk

I (23) then that's the best management i (24) A: Well, if you eliminate the risk, then you have

1(25) no need for risk management, if there s no risk.

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i (i) JAnow-i (2) MR. GOLD: Right.

i i3) MR. OTT: - if we re going that far(4) back?

(1) Q: That would be the ultimate way (2) A: But this is kind of a circular discussion.(3) Q: I understand. I've heard that complaint

i4) before. The - the If you could eliminate the risk(5) that would be the ultimate way of managing it. Correct?(6) A: If we could eliminate all risks. there would

(7J be absolutely no reason to have any risk management.i8) Q: But if you can t eliminate the risk, what you(9) want to do is at least develop programs so that you can

(10) reduce the - the risk or reduce the impact caused by(11) the risk?(12) MR. OTT: Object to form.

(13) A: Again , I - I just have a concern with your(14) use of the word programs because depending upon what(15) type of risk you re talking about in what type of(16) environment, it could be done through a program or it(17) could be done through an individual. I mean, I guess

(18) when we re talking so generally about this, I don t like(19) to use certain words that may give a connotation(20) that - that s inappropriate for the context of the(21) discussion.122) Q: (BY MR. GOLD) What you want to have some (23) in some structure either through an individual, a group,(24) or some type of system whereby once the risk is(25) identified that measured approaches can be taken to

Page 20 i

i1) attempt to reduce or control the risk. Is that fair?

(2j A: - I would say (3) MR. OTT: Object to form.(4) THE WITNESS: I'm sorry.(5) MR. OTT: That's okay.(6) THE WITNESS: I should know better.(7J A: I would say that if risk has been identified,(8) then there needs to be a manner to address the risk and(9) manage it.

(10) Q: (BY MR. GOLD) Okay. And by managing it, what(11) do you mean?(12) A: To determine what, if anything, can be done to(13) address the risks and minimize the risks.(14) Q: Okay. Now, with regard to DaimlerChrysler, I(15) want - I want to get our structure here. I want to(16) talk about DaimlerChrysler, and I want to talk about117) rear-restraint systems inJA Body platform vehicles.(18) Okay?

(19) A: Okay.

(20) Q: Now, first of all, with regard to(21) DaimlerChrysler, was there a process before 1991 for-(22) by which DaimlerChrysler attempted to identify whether(23) there were any risks posed by the rear-restraint system(24) of its passenger vehicles?

(25) MR. OTT: You re not just limiting it to

(5) MR. GOLD: Right.(6) MR. OTT: Okay.

i (7J A: I can t answer that question because I joined

i (8) the corporation in 1989 in the Legal Department.And I

i (9) was new, and I just - my knowledge at that time of! (10) corporate-wide processes or procedures was minimal.

!(11) Q: (BY MR. GOLD) So from 1989 to 1991 , you

1(12) cannot answer whether there were any procedures.; (13) programs, systems, in place at DaimlerChrysler to

I (14) identify whether the rear-restraint systems of its

i (15) passenger vehicles posed any risks?! (16) A: To be honest with you, I have a hard time

1(171. remembering back to 1991 as to what was going on in-

ip8) in the Legal Department. So I - I wouldn t even want! (19) to speculate 1(20) Q: Okay.

1(2t) A: - what was going on in the corporation.

1(22) Q: By 1994 , you would have been in the Legal! (23) Department for five years?

1(24) A: Uh-huh.1(25) Q: Right?Yes?

Page 22

; (i) A: Yes.i (2) Q: Okay. In 1994, were there any procedures.i (3) systems, or programs at DaimlerChrysler in place andi (4) being implemented to attempt to identify whether there

! I5) were any risks posed by the rear-restraint systems of: i6) its vehicles?

i (7) MR. OTT: I'm going to object to beyond

i (8) the scope of the notice. She hasn t been identified as

! 19J a witness knowledgeable on that topic. I suppose we can

1(10) allow a little leeway here. And if she knows the

II1t) answer, okay. But that isn t what this witness is being

1(12) presented to talk about.

!I13j A: My ~nswer is I know that in that time period,

I (t4) there were restraint engineers working on our vehicles,

1(15) current vehicles and future vehicles.

i(16j And I believe - This is going to show

11171 you how bad my memory can be. It seems to me we were

l(t8) under the platform teams at that time. So there would

1(19) have been restraint engineers for each platform working

i (20) on the vehicles within those platforms. Those - That! (21) would be the hands-on activity.

i (22) Then there would also be a Safetyi (23) Department that would work on issues relating to federal: (24) standards, interaction with the government, things like

i (25) that,

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Page 25

i (1) communicate with , as I said before , the product analysisi (2) engineers and as needed , the engineering community! (3) responsible or the engineers responsible for thei (4) particular components at issue. So the information getsi (5) shared with the engineering community or the safety! (6) office. but it - it s in the context of representing

i (7J the corporation in litigation.

i (8) Q: But what I'm asking is , putting aside

i (9) representing Daimler Chrysler with regard to a

1(10) panicular lawsuit, what I'm - I'm interested in is

I (11) whether there has been, up to today beginning at any

I (12) panicular point, any type of procedure, system, or,(13) program in place at DaimlerChrysler for taking the! (14) information that is brought forward in these various1(15) letters, complaints, petitions, lawsuits that the-I (16) that are received by departments such as the Legal

I (17) Department in attempting to identify whether there is a

! (18) panicular pattern or trend with regard to a risk posed

i(19) by something such as the restraint system?(20) A: Here s the best I can do. The Legal(21) Department manages the risk of the litigation. Okay.

: (22) With respect to the technical aspects about the vehicle,

I (23) I need to defer to the engineering community because thei (24) lawyers would not be analyzing technical risks,(25) Q: Let - let s define terms here.As IPage 24 : Page 26

(1) systems of DaimlerChrysler vehicles utilized to attempt i i1) understand here , what you re saying is if a lawsuit is(2) to identify whether the rear-restraint systems of

! (2) plead or filed against DaimlerChrysler, then that poses(3) DaimlerChrysler vehicles posed a risk to the individuals

i (3) a risk to DaimlerChrysler. Correct?(4) using such restraint systems? i (4) A: Sure.(5) MR. OTT: ObjeCt to form. i (5) Q: And the Legal Department attempts to manage(6) A: The information obtained by the Legal

i (6) that risk posed by the lawsuit?(7J Depanment is utilized. I cannot tell you specifics I (7J A: Correct.(8) about what was occurring in 1994 with respect to i (8) Q: I understand that. What - what I want to(9) seat-belt systems or restraint systems because I just

i (9) know is, putting aside the risk posed to the litigation(10) don t have that specific of a memory.

i (to) does is there any procedure, structure, or program in(11) Q: (BY MR. GOLD) Okay. Well, with regard to

1(11) place by which the information thatthe Legal Depanment(12) claims or letters received by the Legal Department in

1(12) receives through the - the communications, the data it(13) 1994 alleging that a DaimlerChrysler vehicle was

i (t3) receives in the lawsuit, is provided to some depanment(14) defective in some way and that such a defect caused

! (14) or unit of DaimlerChrysler so that DaimlerChrysler can(15) damage, harm. or personal injury, were there any

1(15) determine whether there is a developing trend or pattern(16) procedures, systems, or programs in place at i (16) of risk being posed to the passengers in its vehicles,(17) DaimlerChrysler to attempt to identify whether any such

: (17) particularly in this instance with regard to its(18) vehicle systems posed a risk to the motoring public?

i(18) rear-restraint system?(19) MR. OTT: Object to form. !(19) MR. OTT: Other than the engineering

(20) A: Again, the information that comes in in the 1(20) community, which she s already talked about?

(21) form of lawsuits and claims , the In the Legal ! (21) MR. GOLD: I'm trying to get it better(22) Depanment, as attorneys for the corporation, it s our

i (22) defined.(23) job then to respond to the particular lawsuit or claim I (23) A: Okay. The best I can do is that the Legal(24) and represent the corporation in that context.

i (24) Department is a source of information about vehicles(25) Now, what we do do in that context is to

i (25J that have been involved in accidents and people who are

(1) But I am not very knowledgeable about the(2) Safety Depanment in that time frame.(3) Q: (BY MR. GOLD) Okay. What I want to know is(4) whether in 1994 there were any procedures, systems, or(5) programs in place at DaimlerChrysler for gathering data(6) from the field about its vehicles, panicularly with(7J regard to the rear-restraint systems of those vehicles(S) to identify whether the rear-restraint systems of its(9) vehicles posed any risks?(10) MR. OTT: Objection. Form.

(11) A: I don t think I can answerthat question any(12) more specifically than I have as it penains to the(13) corporation as a whole. As we already discussed(14) information about our vehicles and restraints or any(15) other features or safety features, obviously, comes into(16) the Legal Depanment if it s in the form of a lawsuit or(17) a claim.(18) So - so there was - In the Legal(19) Department, we were gathering information about(20) allegations made against our products. But I can - I(21) can t go broader than that in the corporation. I just(22) don t have the knowledge.(23) Q: With regard to the information gathered by the(24) Legal Depanment, was the information that the Legal(25) Depanment gathered in 1994 regarding the rear-restraint

HOUSTON REPORTING SERVICE Min- ScriptIID (9) Page 23 - Page 26



(1) making allegations regarding the vehicle and it(2j components.

(3J That information gets disseminated to the(4) engineering community in the safe- - and the Safety(5) Department vis-a-vis our litigation. I can t respond to(S) your question going outside of the Legal Department

(7J because I don t have that personal knowledge.(8) Q: (BY MR. GOLD) Who at the - in the Legal

I9) Department interacts with the engineering community or(10) Engineering Department to communicate the information(11) that the Legal Department learns through the data it(12) gathers about the potential for a trend or pattern with(13) regard to the rear-restraint system of its passenger(14) vehicles posing a risk to the passengers using such(15) restraint systems?(1S) A: I don t think communications would be fairly(17) described using those terms. Because, as I said, the(18) Legal Department manages legal risk , the risk of(19) litigation. The information that's contained in the(20) lawsuits is disseminated most often through our product(21) anal- - Excuse me. - product analysis engineers who(22) we work with very closely.(23) That s not to say that there aren(24) occasions when we deal directly with the platform(25) engineers on issues. Or if it's something that has been

Page 27 i Page 29

; (1) And I don t think I can add to what I've said before as: (2) to what our role in the Legal Department is and how the! (3) information that we receive is available to and used by

i (4) the corporation.i (5) Q: (BY MR. GOLD) For instance, if Let me

i (S) rephrase it. There - As I understand what you

: (7J saying, there s no procedure , no protocol, no system, no

! (8) program within the Legal Department for attempting to

i (9) identify whether there have been a sufficient number of! (10) claims that are reasonably similar that the Legal

i (11) Department should raise a red flag that there might be a

i(12) trend or pattern developing with regard to complaintsi(13) about a particular system of the vehicle?if14) MR. OTT: Object to form.

i (15) A: I also have some work-product privilege

i (16) concerns with your question. I mean, we have the

I (17) ability in the Legal Department to identify the claims

1(18) that are being made against our vehicles. Now, as a

i(19) lawver, what I do with that information with respect toi (20) advising my client, the corporation , I think is

i(21) privileged. And I don t want to venture into that area.! (22) Q: (BY MR. GOLD) What I want to know is whether! (23) the Legal Department has a line of communication withi (24) the corporation - with DaimlerChrysler Corporation(25) whereby, if the Legal Department were to identify a

(1) the subject of rule making or inquiries by the(2) government, we may deal directly with the Safety(3) Department. But I have a hard time using the term, risk(4) management when it comestothe processes that we use in

i5) the Legal Department other than managing legal risk.(S) Q: The head of the Safety Department is who?

(7J A: Matt Reynolds.(8) Q: And what is Mr. Reynold's title?(9) A: I cannot give you his precise title.(10) Q: And do you know to whom he has direct-line(11) reporting responsibility?(12) A: Bernard Robertson.

(13) Q: And Bernard Robinson s title is what?(14) A: I believe he is a senior vice president.(15) Q: Okay. Let's - let s see if I can - I can(16) clarify the - the issue. From 1994 to 1998 , did

f17J DaimlerChrysler have any type of procedure, system, or(18) program in place by which it attempted to identify(19) whether the rear-restraint system of the JA Body(20) Plymouth Breeze posed a risk to the passengers use (21) utilizing such restraint systems?(22) MR. OTT: Objection. Form. Objection.(23) Beyond the scope of the notice.

(24) A: Again , first of all, I have no specific(25) information about the - the the Plymouth Breeze.

Page 28 ; Page 30

i (1) potential trend or pattern with regard to complaintsI (2) about a particular system of the vehicle such as the! (3) rear-restraint system of a particular vehicle or

i (4) particular line of vehicles, the Legal Department could

! (5) communicate that concern through channels to the

i (6) corporation?i (7J A: The Legal Department absolutely hasi (8) communication with other areas of the corporation.I I9) Q: And if the Legal Department were to determine

I (10) that there were a trend or pattern with regard to

i (11) complaints and the Legal Department wanted to1(12) communicate to the corporation that it was seeing what! (13) was - what it believed was a developing trend or

i (14) pattern, to whom in the corporation could that! (15) communication be directed or to whom would it bei (1S) directed?

1(171 MR. OTT: We re speaking strictly\(18) hypothetically here?

MR. GOLD: Sure.t(19)

1(20) MR. OTT: Well, then I have to object to

I (21) form.

1(22) MR. GOLD: Then make it real.!(23) MR. OTT: It could be anybody.

i(24) Q: (BY MR. GOLD) I want to know-! (25) A: Let me try and answer your question

Page 27 - Page 30 (10) HOUSTON REPORTING SERVICEMin- ScriptIID

, RACHEL LOZANO v.DAIMLERCHRYSLER AG, ET AL.

LOUA,,~ VA-N DER WIt:LEMarch 5, 2002

Page 33Page 31 i

: (1) MR. OTT: Objection. Beyond the scope of: (2) the notice.; (3) A: To the extent you re talking about technical! (4) assessments. I'm not capable of answering your question,; (5) Q: (BY MR, GOLD) When you say, "technical

i (S) assessments , what do you mean?

i (7J A: Addressing the engineering, the design, the

I (8) manufacturer, the componetry ofthe vehicles.! (9) Q: Has DaimlerChrysler ever attempted to identify

I (10) whether there is any similarity among the complaints

i (11) that it has received from the field in the way ofI (12) letters, petitions, complaints regarding the

I (13) rear-restraint sYStems of its vehicles particularly in

i f14) terms of the complaints about how people claim to have

1(15) been injured by such restraint systems, by sitting in a! (1S) position that had a lap-only belt?

1(17) MR. OTT: Objection. Form.

! f18J A: I can t answer the question. I don t have the

1(19) personal knowledge to answer it.

i (20) Q: (BY MR. GOLD) Okay.

1(21) MR. OTT: Break?i (22) MR. GOLD: Hang on. Hang on. I'm

I (23) getting there. I just want to make sure Especiallyi (24) since I don t have the real time, I want to make sure(25) I've closed the talk.

Page 32 i

! (1) MR. OTT: All right.! (2) Q: (BY MR. GOLD) Is DaimlerChrysler familiar! (3) with the term, other similar incidents?

i (4) A: I - From a litigation standpoint.i (5) Q: And how does DaimlerChrysler utilize the term

i (S) other similar incidents?i (7J MR. OTT: Object to form.i (8) A: I don t know that we utilize the term. It is: I9) a term that appears in our product-liability litigation.

I (10) I mean, I think seeing it most often in discovery.

i(11) Q: (BY MR. GOLD) Does DaimlerChrysler ever

i (12) attempt to group allegations based upon the nature of! (13) the complaint in terms of particularly whether theI (14) complaint involves the same type of device or system?

! (15) A: In response to discovery requests, we

i (1S) frequently generate lists of lawsuits for claims

i (17) involving the same vehicle or the same type ofi (18) allegations for production in litigation.

i (19) Q: Does DaimlerChrysler ever attempt to analyze! (20) the groups of claims that it gathers to identify whether! (21) there s any particular trend or pattern with regard to

i(22) such complaints?1(23) A: Again. I need to be very careful about how Ii (24) respond because of privilege concerns. Each individual

i (25) lawsuit is typically analyzed by experts who are

P) Q:- ifit-(2) A: - without having privilege concerns.(3) Q: All I want - Let me let me rephrase it(4) so we re clear.

(5) A: Okay.

(S) Q: All I want to know is if, for inStance , the(7) Legal Department received a number of complaints.(8) petitions, letters regarding individuals in the(9) rear-center position of its vehicles sustaining similar

I10) pattern ofinjury and the Legal Department wanted to(11) pass that information onto DaimlerChrysier so that(12) DaimlerChrysler, if it chose, could do a risk analysis(13) for purposes of risk management of such claims to(14) determine if there was a risk and if so how that risk to(15) its passengers could be managed , to whom would the Legal(16) Department communicate that information?(17) MR. OTT: Objection. Form. Objection.(18) Potentially calls for privileged information. However(19) the witness suggested before she might be able to answerI20j it without implicating that concern; so I will allow her(21) to try.

(22) A: And I'm really not going to say anything(23) different than I did before.The information from the(24) Legal Department may be communicated to product analysis(25) engineers, to platform engineers, or to the Safety

(1) Department. There there are open lines of!2J communication in all those areas if not more.(3) But what I don t want to do is to talk(4) about specifics of the communication,

IS) Q: (BY MR. GOLD) I understand. And what - All(S) I want to know right now is flTst, whether that is(7J something that the Legal Department has as part of its(8) mission. which is through the handling of claims and(9) lawsuits if there appears to be a pattern or trend

(10) regarding those complaints to bring them to the(11) attention of other departments at DaimlerChrysler?

(12) A: Without getting into privileged areas, I

(13) cannot answer that specific question. What I can(14) reinforce is that there is open communication between(15) the Legal Department and the other departments in thePS) corporation, technical and otherwise.

(17) MR. OTT: It s been about an hour. When(18) you can - when you - Let s take a break when you get(19) a minute.

I20) MR. GOLD: Okay.

(21) Q: (BY MR. GOLD) Are there any criteria at(22) DaimlerChrysler that are utilized in attempting to(23) determine whether a particular system in a(24) DaimlerChrys1er vehicle or line of vehicles poses a risk

(25) to the passengers utilizing such systems?

Page 34



RACHEL LOZANO vDAIMLERCHRYSLER AG, ET AL.

Page 35

(1) retained to address the issues in a particular lawsuit!2) and that may entail looking at other cases that have(3J been identified in the discovery process.(4) Q: Why would DaimlerChrysler look at other cases(5) in analyzing the claim in a particular case?(S) A: Because there are frequent allegations made by

f7j attorneys for plaintiffs that their accident is similar(8) to another accident. And so, in the course of defending(9) the case, we may, for example, have an expert retained

(10) to do a reconstruction of the accident, look at the

(11) other accident, and its reconstruction as well. It's(12) part of our defense of the litigation.(13) Q: All right.(14) MR. GOLD: We can take a pause.

(15) THEVIDEOGRAPHER: Going off the record.(is) The time is approximately 10:58 a.

(17) (Offthe record from 10:58 a.(18) to 11 :31 a.

(19) THE VIDEOGRAPHER: We are now back on the(20) record. The time is approximately 11:31 a.(21) Q: (BY MR. GOLD) When DaimlerChrysler attempts(22) to gather complaints, petitions, letters, what have you(23) to respond to a - a plaintiff's request or other claims(24) that might be similar to the claim to be filed in(25) that that lawsuit, does DaimlerChrysler have the

Page 36 :

(1) capability of utilizing databases electronic(2) databases to respond to such a request?(3J A: Yes. The Legal Department has an electronic(4) database with lawsuit and claim information.(5) Q: Is there a field in the database for(S) allegations involving restraint systems?(7J MR. OTT: Objection. Work product.(8) Q: (BY MR. GOLD) Does DaimlerChrysler maintain(9) any databases from which DaimlerChrysler can identify

(10) all claims whether they be by way of formal petition orI11) by letter which have been received by DaimlerChrysler(12) regarding allegations that the rear-restraint systems of(13) its vehicles have caused injury to a passenger?(14) A: There may be electronic record of that(15) information, or there may be a physical file with that(1S) information depending upon when the lawsuit was served(17J or the claim letter received.(18) Q: To your knowledge, how far back does(19) DaimlerChrysler s electronic databases go in that(20) regard?(21) A: I know that there is some information for (22) I need something clarified.Are you talking(23) specifically about rear-restraint systems or complaintsI24) in lawsuits generally?(25) Q: Well, what I want to know is: Does

Page 37

(1) DaimlerChrysler have databases from which it can access(2) information about all formal complaints and informal(3j letter complaints (4) A: Uh-huh.

i (5) Q: - obtained by it, regarding complaints that

i (S) the rear-restraint system of its vehicles resulted in: (7) injury to a passenger - one or more passengers?! (8) A: And my response is:There may be electronic

i (9) information. There also may be physical information.

!(10) Because I know that in connection with the lawsuit lists

i I11) that was generated for this case, there had to be some!(12) physical review of the files done.i (13) Q: Okav. How far back is the data kept

1(14) electronically? That was that was the question.

t(15) A: Okay. I can t give you a specific date. I

1(16) know it goes back a long way because I - I know there

1(17) is information in the system relating to lawsuits that

1(18) were filed in the late 70'

Ir19) Q: All right. Has DaimlerChryslerattempted toi!20) locate in its databases, both electronic and in: (21) hard-file databases, information responsive to the!(22) plaintiff's request in this instance for incidents of! (23) which DaimlerChrysler has received notice in which a!(24) passenger has claimed to have been injured by a lap-only(25) belt in a Chrysler vehicle in a frontal collision?

Page 38

! (1) A: Yes.: (2) Q: Has DaimlerChrysler attempted to identify how! (3) many of the incidents that it has gathered involved ai (4) passenger seated in the rear-center position of one of! ,5) its vehicles who was wearing a lap-only belt?(S) A: Of the - the lawsuits that were identified to

! (7J the eXtent seating positions were available or known, I

: (8) believe they were included on the list. I also,i (9) personally, went through complaints and police accident!(10) reports for many of the lawsuits on the list. And to

1(11) the eXtent I could find additional information that had

I (12) not been included originally, I've made notations of

i (13) that infoJ,:mation.And some of it has to do with rear

i (14) seat seating positions including the center position.

i (15) Q: Are there other departments of DaimlerChrysler

iris) that have free access to the information that you have:(17) reviewed to respond to the plaintiff's request?

i(18) A: That I have personally reviewed?! (19) Q: Yes.

i (20) A: No.

!r21) Q: So that that information - What - what1(22) information that you ve reviewed is proprietary to the

i (23) Legal Department only?

i (24) A: All of the Legal Department files are only

i (25) accessible to the Legal Department even though some of




Page 39 i(1j the information in the files , for example, the(2j complaints and the police reports, are not proprietary;(3) but they come from files that are. But I don t think(4) that I have reviewed - Well, the only things that I've(5) reviewed are the police reports and the complaints thatfS) were available for the lawsuits on the list. So I didi7J not review confidential information.(8) Q: Okay. The - If someone outside of the Legal(9) Department Let me rephrase it. If - if

(10) department at DaimlerChrysler outside of the Legal(11) Department wanted to review the data available to(12) Daim.lerChrysler through its Legal Department regarding(13) complaints that the that a lap-only belt in a

(14) DaimlerChrysler vehicle resulted in injuries allegedly(15) to a passenger, could a department gain access to either(is) the electronic or hard files in which that information(17J is contained?(18) A: No. They would make the request for(19) information , and we would provide the information in a(20) non-confidential format.(21) Q: So if - if another department wanted to(22) refine the search to a particular vehicle , could(23) DaimlerChrysler s Legal Department provide that(24) information?(25) A: Sure.

(1) Q: If - if they wanted if the individuals(2) wanted to refine the search to particular age people(3) that could be done?(4) A: That would be more difficult than vehicle.(5) I'm pretty confident aboUt vehicle information that we(S) have. When you re talking aboUt ages of people, we may(7J or may not have that information.f8) Q: Okay.

I9j A: It depends what would come in in the complaint(10) or the police report or through other sources.(11) Q: All right.Then follow me here. This this(12) is what I want to understand. When - when I talk about(13) fields of information, you re familiar with that - with(14) that concept. Correct?(15) A: Yes, I am.(16) Q: In other words, on - in a computer database(17) the - the information inputted with regard to each case(18) can be divided into numerous fields of information.(19) You ve heard that context?(20) A: Yes.

(21) Q: For instance , the person inputting the data(22) could be requested to inpUt data according to vehicle23) type. Correct?i24) A: Correct.

125) Q: Date of the - the vehicle was - was placed

Page 41

! 11) in production - model year?

i (2) A: Oh , sure.

r (3) Q: Model year. The name of the individuali (4) injured?

i (5) A: Correct.i fS) Q: The type of injuries allegedly sustained?; (7J These are just creation of field not : f8) MR. OTT: You re just asking aboUt whati (9) could theoretically be done?i (10) MR. GOLD: Right.

1(11) A: Okay. Okay.

1(12) MR. GOLD: Yes.

1113) A: Sure.j(M) MR. GOLD: Creation of fields.!(1S) A: Sure.

1(16) Q: (BY MR. GOLD) You could create an infinite! (17) number of fields from which the data that you have!(18) available could be extracted and categorized?1(19) MR. OTT: Object to form.

1(20) A: You could create a lot.1(21) Q: (BY MR. GOLD) Okay. Fair enough. Now, hasi (22) anyone outside of the Legal Department requested that

i (23) the Legal Department create various fields ofI (24) information for purposes of the outside department being(25) able to analyze that data for purposes of identifying if

i (1) there are particular trends or patterns with regard to

! '

i (2) the complaints that the Legal Department receIves.i (3) MR. OTT: Objection. Privileged.i (4) Instruct not to answer. I mean , you re asking about a! (5) specific - If I understand your question correctly,i (6) you re asking about have there been any specific

! (7J communications in that regard.And I think that would! (8) be privileged.I (9) Q: (BY MR. GOLD) Is DaimlerChrysler aware of anyi (10) of its departments creating a list of fields by WhICh

i (11) reports of incidents involving DaimlerChrysler vehicles

i (12) could be analyzed in terms of attempting to find oUt if

i (13) the!"e were a trend or pattern with regard to the! (14) complaints?

i (1S) MR. OTT: I will object to the questioni (16) to the extent that it s seeking information abouti (17J communications between DaimlerChrysler Corporation.i(18) Counsel, and others within the company.

1(19) MR. GOLD: Okay. But I'm not confiningi (20) to that communication,

1(21) MR. OTT: I understand. So I'm only

1(22) making my objection and my instruction not to answer to

i (23) the extent that it calls for that.

i (24) THE WITNESS: To the extent that it callsi (25) for specific communications?

Page 40


LOU ANN VA.~ DER WIELEMarch 5, 2002

RACHEL LOZAl"lO y.DAIMLERCHRYSLER AG, ET AL.

Page 43 i Page 45

P) MR. OTT: Communications betWeen the(2) Legal Department and others at DaimlerChrysler(3) Corporation.(4) A: There have been requests for specific(5) information or specific types of cases. I don t recall(S) ever having someone ask for the creation of a specific(7J field.

(8) Q: (BY MR. GOLD) Okay.(9) A: But certainly then there have been requests

I10) and information has been provided in response.(11) Q: If DaimlerChrysler were goin~ to attempt to(12) identify whether there was commonalty or a trend or(13) ttern with regard to complaints about passengers bein(14) injured by restraint systems in its vehicles,(15) particularly lap-only belts, what information would(1S) D~mJerChrysler want to extract from each report in(17) order to determine whether or not there was a potentiaI18) trendor pattern or commonalty among the various(19) complaints?(20) rorR":15IT: Well, object to form. It(21) I don t know that it s capable of being answered. It(22) would depend on who s makingthe request, and what they

(23) wanted to know.(24) MR. GOLD: No. If DaimlerChrysler wanted(25) to know.

r (i) either a merger or a case study of how a particular! (2) business was set up or a real-world experience? Did you! (3) ever do anything like that?

1 (4) A: You know, I - I may have; but I havei (5) absolUtely no specific recollection.

i (S) Q: All right. Okay. Are you familiar with the

i (7J concept, root cause analysis?

i L8) A: I have heard that term used , bUt I would not

I (9) care to - to define or explain it. It s not a word

1(10) that I use in - when I do my work.

1(11) Q: Okay. I - I don t know how to articulatei (12) this next question without an example , so bear with

i (13) me - Okay? - a moment.

1(14) A; Okay.

I (i5) Q: Let's take, for the moment, September 11 th

!(1S) the attack on the World Trade Center. And if you

i (17) looking at the attack on the World Trade Center and you! (18) ask yourself what did our security systems know and when! (19) did they know it and what did they do with the

i (20) information - if you were asking yourself that, you! (21) would be asking yourself what - what process did - did! (22) they have for gathering the data and determining whether1(23) the data was reliable and what the information meant.i (24) Is that - Does that register?i(25) A: Sure.

Page 44 !

(1) MR. OTT: But see, DaimlerChrysler(2) doesn t act except through individuals who may have(3) different needs. I mean , that s why I say theoretically(4) it can t be answered.(5) MR. GOLD: Eloquently put. BUt all I(S) want to know is what the representative has to say.

(7J A: Well, it would - I can answer your question(8) if I can respond in the context of this particular case(9) because the plaintiffs in this case made a request for

(10) certain types of information , and we responded to thatfi 1) by providing lists of lawsuits and claims. And that was(12) done by reviewing information in our electronic(13) database , as well as reviewing information located in(14) physical files. And those tWo things together resulted(15) in the compilation that was produced here.liS) Q: (BY MR. GOLD) Okay. Here - Let s try (17) Let s hold that thought for a moment.(18) A: Okay.

I19) Q: When you were in business school (20) A: It s awfully long ago.(21) Q: Yeah , but I was in law school longer; and I(22) can remember some of the things too. So let s give it a(23) try.

(24) Is - When you were in business schoolI25) did you ever do any case studies where you would analyze

Page 46

i (1) Q: Okay. So what I'm trying to do here - And Ij (2) just used that as an - an example because it s probably

: (3) most current. Is - What I want to know is: Does

--.

! (4) DaimlerChrysler have in place a system by which when i

i (5) receives comolaims from tht' field regarding one of th: (S) systems in its vehicles. Hkf' thf' rf'str:lint svstem :mciI 'I (7j it' s receiving complaints that oeoole are being injnrf'

i (8) a!!eg~dly because of the restraint systt'm I -want to

1 (9) know whether DaimlerChrysler has in place a system for1(10) gathering the data, interpreting the data, an

i (11) responding to the data in terms of whether there is a

1(12) potential risk, not necessarily directly to

! (13) Dai!PJerChrrsler but to its passengers, the p!:.ople

I I14) utilizing its oroduct'l So does that - does that

t(15! communicate where I'm - I'm - I'm heading1 (1S) MR. OTT: Objection. Form.

iI17) A: Okay. I think we re heading back where wei (18) were before.And that is to the extent the information

I (19) consists of personal injuries that people are claiming! (20) resulted from a particular vehicle design or component,

i (21) yes. That information is gathered by the Legalj (22) Department.1(23) Q: (BY MR. GOLD) All right.!(24) A: We have it available.1(25) Q; Okay.



LOUANN VAN DER WInEMarch 5, 2002

! (1) information available to it from complaints, petitioi (2) letters from the field alleging personal mjune

1(3) resulting from passengers wearfugTap-only b~lt~in! (4) DaimlerChrysler vehicles involved in frontal collisions?: (5) MR. OTr: Objection. Form.

. "

! (S) A: Well, I do know that at one point in timei (7J there was a retrofit program for the rear-outbOari (8) seating positions providing a shoulder harness toi (9) accompany the lap belt

1(10) (BY MR. GOLD) Which department analyzed what

1(11) data to make that determination that policy decision?

!(12) A: That would have come out of the S,!lfery

1(13) D~partmen~

i (14) d where would the Safety Department havei (15) obtained the data upon which to make the policy decision

i (1S) to retrofit the rear-outWard positions of its passenger!r17) vehicles with shoulder belts?ir18) A: They could have obtained data from a variety! (19) of sources. One of which could have been the Legal

I I20) Department.!(21) Q: Do you know where the data was obtained from?1(22) A: The specific data? No.i(23) Q: Has DaimlerChrysler ever obtained information

i (24) that individuals may sustain abdominal injuries and/or

r25) spinal injuries by wearing a lap-only belt during aPage 48 Page 50

i (1) frontal collision?! (2) A: I believe that information of that nature isi 3 ontained in the legal files.

Q: When was the first notice that DaimlerChrysier: 5) obtained and that is stored in the legal files that a ! S) a passenger wearing a lap-only belt in a frontal

collision could sustain abdominal and/or spinal injuriesi 8) by wearing the lap-only belt?

A: I can respond to that by looking at the dates!(10) that we were served with complaints that made those! r11) allegations or letters claim letters that made thosei!12) allegations and - and go back and see what those datesi(13) were. I don t have a recollection without looking ati (14) something.1(15) And, again , that s from what would be! (16) contained in our files. I can t speak generally forIr171, what knowledge may have been contained in other

i(18) departments. But some of that information would havei (19) been in the Legal Department.

i (20) Q: Now, what I want to know specifically, so that

i(21) we re - we re clear on this, when you talk: about whati (22J other departments might - might know, if there were a! (23) complaint whether formal or informal , in other words,; (24) whether a formal petition was filed in a - in a state! (25) or federal courthouse or whether someone was sending a

(1) A: Okay? Then other areas of the corporation(2) for example, the Safety Department, would use that(3) information to determine. from a technical standpoint,(4J what it means.(5) Q: As we sit here today, you and L do you know(S) whetherthere has been anydepanment at DaimlerChrysler(7J that has attempted to gather the information that the(8) Legal Department has gathered regarding complaints of(9) personal injuries resulting from people wearing lap

(10) belts only in DaimlerChrysler vehicles to determine(11) whether there is any particular risk to DaimlerChrysler(12) passengers from wearing laj:rOnly belts?(13) MR. OTT: Objection. Privileged.(14) MR. GOLD: Okay. Which - which(15) privilege are we claiming?(16) MR. OTT: Attorney-client.(171 MR. GOLD: All right,(18) Q: (BY MR. GOLD) And the - the question is(19) merely, do you know if such an analysis has been(20) undertaken?(21) MR. OTT: That s a different question.122) Q: (BY MR. GOLD) Do you know - As we sit here(23) do you know whether DaimlerChrysler has attempted such(24) an analysis?(251 MR. OTT: Assuming I - Such

(1) analysis - IfI understand it correctly, that's a(2J different question. I don t have an objection to that.(3) A: know that our Safety Department as well as'l" f4) p~fon;l engineers have obtained information abou(5) rear-seat restraint systems, three point belts, lap(S) belts. I know that they have been aware of litigation

(7) over those issues.(8) : (BY MR--:'GOLD) Do you know if departments of(9) DaimIerChrysler have undertaken an analysis of the

(10) information that DaimIerChrysler has gathered by way of

i1 1) complaints, petitions. letters alleging injuries(12) resulting from lap-only belts in DaimIerChrysler(13) vehicles. whether there is a potential risk to(14) passengers of DaimIerChrysler vehicles from wearing(15) lap-only belts?(1S) A: The Safety Department and the engineer(171, platforms have the information that I just described.(18) What they have done with it specifically is something(19) that they would have to respond to.(20) Q: Okay. You do not know?(21) A: I do not know. I don t have personal(22J knowledge of what they ve done with the information.I23) No.

(24) Q: Does DaimIerChrysler know whether any there(25) has been any type of response by DaimIerChrysler to the

0 HOUSTON REPORTING SERVICE Min- U-Script(ID (15) Page 47 - Page 50

LOUANN VA,,~ DER WIELEMarch 5, 2002

RACHEL LOZANO

y. .

DAIMLERCHRYSLER AG, ET AL.

Page 51 ! Page 53(1) letter to DaimlerChrysler alleging that they had(2) sustained abdominal and/or spinal injuries by wearing a(3J lap-only belt in a DaimlerChrysler vehicle, whether that(4) information would have been sent directly to the Legal(5) Department or not , that is the type of information that,(S) regardless of where it was received at DaimlerChrysler(7J would probably be funneled to the Legal Department in(8) the ordinary course of business?

(9) A: Yes. If it was a claim of injury. Yes.(10) 0: Okay. As opposed to a warranty claim where

I11) for instance, someone is complaining that the buckle on(12) the rear - at a rear-outboard position isn t working(13) right: but no damage or physical injury has resulted(14) from it. They re just complaining that the device isn(15) working the way it was intended to work. That that(1S) type of claim might not come to the Legal Department?(17) A: It mayor may not.Yeah.(18) Q: Right. But if - if there is a complaint

(19) filed regardless of its validity, voracity, whether(20) supported by evidence or not, there s a claim that's(21) filed with DaimlerChrysler that someone has sustained a(22) personal injury allegedly because of a lap-only belt(23) that is the type of complaint, whether formal or(24) informal , that would typically be routed or routed to(25) the Legal Department?

Page 52

(1) A: That type of complaint would typically get to(2) the Legal Department.(3) Q: The Legal Department, as I understand it, is(4) a is an internal department of DaimlerChrysler?(5) A: Yes. Its name is the Office of General(S) Counsel.(7J Q: Okay. So when we - when we If we were to(8) look at an organization tree of DaimlerChrysler and you(9) have the - the CEO and then you have the direct

I10) senior vice presidents and whatever, there is a Senior(11) Vice President , William O' Brien, who is Senior Vice(12) President in General Counsel?(13) A: Correct.

(14) Q: And the Office of General Counsel would be(15) below him?

(1S) A: That's correct.(17) Q: The Safety Department has been headed by this(18) individual by the name of). Michael Currin? No.(19) A: He s Product Analysis Department.(20) Q: Oh , that s right. That's right. Safety-(21) I'm sorry. Safety Department head is - the SeniorVicel22) President is Bernard Robinson?(23) A: Robertson.

(24) Q: Robertson?

(25) A: Yes.

i 11) MR. OTT: Actually, it would be fair that

i 12j she gave you a name of another individual.: (3) MR. GOLD: Matt Reynolds.

i (4) MR. OTT: Right. Who was the head of the(5) safety office.(6) Q: (BY MR. GOLD) But he reported to senior (7J MR. OTT: Right.(8) Q: (BY MR. GOLD) - vice president senior

i I9) vice president of what?

i (W) A: I don t know what his specific title is. But

i (11) I know that the Safety Department falls within hisi (12) bailiwick.

i (13) Q: Okay. But you don t know what that area is?

i (14) In other words - in other words, the safety

i (15) department - the head of the Safety Department

t(16j presently is Matt Reynolds?

:(17) A: Correct.

! (18) Q: He has direct-line reporting responsibility toj (19) Bernard Robertson , who is senior - who is a senior vice

I (20) president. But you don t know over what specifically?

1121) A: Yeah. I just don t know what his specific

i I22) title is.

1(23) Q: Okay.And Matt Reynolds has been the head of

! (24) the Safety Department for approximately how long?(25) A: Not all that long. A couple of years maybe.

i f1) Q: Okay. Who preceded Matt Reynolds as thej (2) Safety Department head?i (3) A: You know, we ve gone through somei (4) reorganization. So the person that was head of the! (5) Safety Department was Sue Cischke. But she was a vice! fS) president. And so titles got changed. But I doni (7j think she was exactly the same level as Matt is. But

i (8) she had those responsibilities.! (9) Q: I see.

i (10) A: And I think that when Sue left the company,!(11) then as I just stated , there s some reorganization. So!(12J people report a little bit differently then they did

1(13) when sh~ was an employee.!f14) Q: And Sue Cischke I've done this before.

i (15) Sue Cischke?!(16) A: Right. Cischke.

i(17) Q: Cischke.

1(18) MR. HAYES: Could you spell it for the

iI19) court reporter.!(20) A: Maybe. C-i-s-c-h-e - h-k-e. It s difficult.

i (21) MR. HAYES: C-i-s-c - what?

1(22) A: C-i-s-c- k-e.! (23) Q: So Sue Cischke

i (24) A: Correct.

1 (25) Q: - would have been the effective head of the

Page 54


RACHEL LOZANO DAIMLERCHRYSLER AG, ETAL.

LOUANN V&~ DER WIELEMarch 5, 2002

Page 55

f1) Safety Department as early as at least 1986. Correct?(2) MR. OTT: '86?f3J A: No.

(4J Q: (BY MR GOLD) When?(5) A: I'm thinking more in the mid-90'(S) Q: Mid-90'

(7J A: Maybe early. I just - I don t know exactly(8) when she went into that position.(9) Q: I thought I saw Ms. Cischke s name in terms of

(10) the regulatory affairs back in 1986. But I could be(11) mistaken. In in the early 90's, who would have been(12) the - the head of the Safety Department either by title(13) or function?(14) A: Uh-huh. I'm - I'm getting really hazy on(15) time frames. But I believe that the person who preceded(1S) Sue Cischke was Dale Dawkin. But I don t know the time(17) frame. That s just my recollection of the individualP8) who had that position.(19) Q: And is it a correct understanding that Robert(20) Goldenthal is in the Safety Department?(21) A: Yes.

(22) Q: And what is Robert Goldenthal's title in the(23) Safety Department?(24) A: I don t know.(25) MR. OTT: He was - I think he may have

Page 56

l1) a different job now - but just between you and me.(2) MR. GOLD: All right. At one point (3) A: He was in the safety office.(4) Q: (BY MR. GOLD) Okay. And Guy Newschultz , was(5) he in the Safety Department?(6) A: I do not think so.

Q: Okay. All right. Be patient with me a(8) moment. As I understand it, information that(9) DaimlerChrysler would receive regarding claims that an

(10) individual had been allegedly injured by a lap-onIy belt(11) in a DaimlerChryslervehicle involved in a frontal(12) collision would typically be roUted to the Legal(13) Department. Correct?(14) A: Correct.

(15) Q: Now, is there any criteria at DaimlerChrysler(1S) regarding how many complaints received from the field(17) involving claims that a passenger sustained personal(18) injury from a lap-only belt in a DaimlerChrysler vehicle(19) involved in a frontal collision must be received before(20) DaimlerChrysler treats those complaints as a developing(21) trend or pattern?

(22) A: No. There s no specific number. Each(23) complaint or claim that comes in is evaluated on its own(24) merits,(25) Q: Has DaimlerChrysler ever publically

I (1) acknowledged that passengers wearing lap-onIy belts in

i (2) frontal collisions are at risk for sustaining injuriesI (3) to their spine and/or abdomen?i (4) MR. OTT: Objection. Beyond the scope of

i (5) the notice. This witness is not being presented : (S) address that topic.i (7J A: I'm certain that DaimlerChrysler is aware of! (8) that.And I think it , at least from a litigation

i (9) standpoint that information has been made available! (10) through testimony of experts and others.i(11) Q: (BY MR. GOLD) Does DaimlerChrys1er ever!(12) analyze complaints from the field in terms of whether

i (13) the system that is being complained about, for instancei (14) the rear-restraint system, is defective or not?

i (1S) A: Now, you re talking about any - I mean, any

i(16) complaints that would come into the corporation?

!(17) Q: In other words, if a complaint comes into! (18) DaimlerChrysler alleging that an individual was

1(19) injured-1(20) A: Uh-huh.1(21) Q: - by wearing a lap-onIy belt in a

I (22J DaimlerChrysIer vehicle involved in a frontal collision

I (23) does DaimlerChrysIer ever attempt to analyze whether or

1(24) not there was a defect in the restraint system?(25) MR. OTT: To the extent that you

Page 58

i (1) asking - And I think you are. - about specific casesi (2) where that s done , I would - to the extent that it's

I (3) being done by the Legal Department, I would object oni (4) the basis of work product. She can testify as to otheri (5) departments perhaps performing such an analysis.i (S) MR. GOLD: I just want to know if! (7J DaimlerChrysler ever undertakes such an analysis.

i (8) MR. OTT: Right. And I'm objecting andi (9) instructing her not to answer on the basis of work! (10) product to the extent that DaimlerChrysler undertakesI (11) such an analysis through its Legal Department.

1(121 A: And I can answer - respond to your questioni (13) generally. And that is:Yes. I know that reports of

i !14) inj;mes in our vehicles in the field where they are

1(15) attributing them to some type of vehicle design are!(1S) analyzed by our engineering staff And depending what

1!17J it is and how it came in, by our safety office.

1(18) Q: (BY MR. GOLD) You - you are responsible

I (19) personally for overseeing product litigation and! (20) discovery involving DaimlerChrysler. Correct?! (21) A: Correct.i (22) MR. OTT: DaimlerChrysler Corporation.

i (23) MR. GOLD: DaimlerChrysler Corporation.1(24) MR. OTT: I mean, we understand-1(25) MR.

GOLD: Yes.



RACHEL LOZA.,,~O y.DAIMLERCHRYSLER AG, ET AL.

Page 59 Page 61

(11 MR. OTT: - that s what you mean 12J MR. GOLD: Yes.

(3) MR. OTT: - when you say

(4) DaimlerChrysler.(5) MR. GOLD: Yes. DaimlerChrysler(Sj Corporation.l7J Q: (BY MR. GOLD) On a day in, day out basis

(8) you - you see at DaimlerChrysler complaints, petitions

I9) letters alleging that some system of a DaimlerChrysler(10) vehicle was defective in some regard. Fair?

(11) A: Yeah. - I don t see all ofthe complaints

I12) as they come in necessarily. Our - My department(13) does.

(14) Q: Right.

(151 A: But I don t personally see each and every one.(1S) Q: But DaimlerChrysler sees complaints,

(17) petitions, letters, alleging some system to be(18) defective?(19) A: Sure.

(20) Q: What criteria does DaimlerChrysler utilize to(21) determine whether or not there is, in fact, a defective(22) condition?(23) MR. OTT: I'm gonna object on the basis(24) of work product.(25) A: Also, I think privileged too to the extent

(1) that we receive information and as lawyers need to(2) advise our client accordingly.(3) Q: (BY MR. GOLD) Now, so that we re clear, I'm

(4J not asking you in this instance how specifically the(5) particular system is defective. That's not the(SJ question.(7J A: Uh-huh.(8) Q: So - so that we re clear.

(9) A: Okay.

(10) Q: I'm merely asking if there is a working(11) definition or working criteria that DaimlerChrysler uses(12) to analyze whether a particular system, such as a

(13) lap-only belt or a rear-restraint system, is defective?

(14) MR. OTT: And - and that that process(15) by having her describe it, I think invades work product.(is) And that's why I would object.(17) MR. GOLD: And I'm not requesting the(18) process. I'm just requesting whether there is a - aI19) defmition-(20) A: Sure.

(21) MR. GOLD: - or whether there is a(22) criteria.

(23) MR. OTT: It is also beyond the scope of(24) the notice, I think.And I'll object on that basis.(25) MR. GOLD: Okay.

: (11 A: What I can say is that we have means of! (2) providing information to other areas of the corporation.

i (3) The Legal Department itself is the provider of

i 14) information. The Legal Department doesn t do the

! (5) analysis. Analysis would be done by Safety Department! (S) or platform engineering.

i (7J Q: (BY MR. GOLD) Let me give you another

i (8) example. From a - from some perspective, have - have; (9) you informed yourself, in any regard, regarding the

1(10) Firestone TirelExplorer situation between Ford and

I (11) Firestone?

i (12J A: Certainly read news articles and heard TV! (13) broadcasts. I haven t made any specific investigation

i(14) into it. But

1(15) Q: Right.

i (1S) A: - everyone s been exposed to it.)(17) Q: Okay. Here - here s what I want to know.

(1S) lf - if instead of getting complaints about Explorers! (19) with FireStone tires rolling over, DaimlerChrysler were

1(20) to receive complaints that people wearing lap belts in

!(21) the rear-center position of their vehicles were

i(22) sustaining spinal and abdominal injuries severe!(23) spinal and abdominal injuries such that internal organsi (24) were permanently damaged or the spine was permanently(25) damaged, is there any syStem in place at DaimlerChryslerPage 60 ! Page 62

! (i) whereby DaimlerChrysler by gathering that data can: (2) identify whether there is a developing trend or pattern: (3) with regard to its product that may place future usersi (4) of the product at risk if the risk is not timely! (5) identified and managed properly?

I (5) MR. OTT: Object to form.! (7J A: Okay. Let s see. That was a long question.! (8) Q: (BY MR. GOLD) I know.i (9) A: There is a method of gathering information in

l(tO) the Legal Department based upon claims and lawsuits

i (11) filed. There is a method of communicating that!(12) information to the Safety Department and the engineering

1(13) community.

I (t4) I have to say that the information thati(15) we receive in the Legal Department is is typically on

1(1S) vehicles that have been out on the road for a while.

ir17J Q: Right.

1(18) A: There s a certain lag time between litigation1(19) and vehicle launch.1(20) Q: Right.

I (21) A: Okay. So there may be information existing in

I (22) the corporation before there is litigation.1(23) Q: I understand that. But - but once there are! (24) claims-\r25) A: Uh-huh.

Page 59 - Page 62 (18) Min~ U-Scripf(B) HOUSTON REPORTING SERVICE



Page 63

l1) Q: - once claims start coming into the(2) corporation into DaimJerChrysler Corporation , is(3) there any method, is there any procedure, is there any(4) system, any program in place to timely and properly(5) identify potential risks from that data so that those(6) risks for purposes of protecting the passengers at(7J DaimJerChrysler vehicles may be timely and properly

i8) managed?(9) MR. OTT: Object to form on the basis

(10) it's really been asked and answered (11) MR. GOLD: I just want to make sure on-(12) MR. OTT: - a couple of dozen times now.(13) A: I think I've been as , you know - very(14) careful not to venture in any privileged areas. But

(15) think I can give you an example of something of a(15) process because it's not privileged because we(17) actually disclosed in litigation.(18) Q: Okay. All right.

(19) A: Okay. And that was when a lawsuit came in(20) alleging that that one of our parts of our seats was(21) of insufficient strength.(22) Q: Dh-huh.(23) A: And I'm not going to be able to give you all(24) the details of the accident.(25) Q: Dh-huh.

Page 65

i (1) Department and the safety office. Otherwise , she may

i (2) answer,

i (3) A: I know that the safety office is aware of and

I (4) has been aware of litigation involving individuals who

i (5) have alleged that they sustained injuries because of a

i IS) lap belt only.: (7J Q: (BY MR. GOLD) Has the Safety Department ever

I (8) announced that there is any type of problem or defecti (9) with the rear-restraint system of the DaimlerChrysler

1(10) passenger vehicles or minivans that could potentially

I (11) result in serious spinal or abdominal injuries to

i (12) passengers wearing lap-only belts at the center-rear

i (t3) position during a frontal collision?

1(14) A: I don t know, Can you repeat that question?1(15) Q: I wish I could just as I said it, but I can: (16) I'm going to have to go to the court reporter.! (171 (Reporter read back question.j (18) A: To my knowledge , the Safety Department has notIr19) announced a defect. I think there has been recognition

I (20) over the years of the value of shoulder harnesses in

1(21). reducing the severity of injuries in certain seating

I (22) positions in certain accidents.I (23) That awareness was exemplified by the

i (24) decision to offer the retrofit shoulder harnesses for(25) the outboard rear seating position.

(1) A: But a part of the seat broke,(2) Q: Dh-huh.(3) A: Okay. And the Legal Department brought that(4) to the attention of the safety office and said , we have(5) a broken part here; and the claim is that it didn t meet(S) specs or right materials weren t used or whatever; would(7J you please check into this.And they did.(8) And they did an analysis and determined(9) that the part, in fact, was - met the specifications

(10) and was of appropriate strength.And that information(11) was then communicated in the lawsuit.(12) But there was a concern , and it was(13) brought to the attention of the Safety Department.(14) Q: Has the Safety Department ever been requested(15) by DaimlerChrysler - any department at DaimlerChrysler11S) to do an analysis of the claims that have been producedI17) in this case to determine whether there is a problem or(18) defect with the rear-restraint system of DaimlerChrysler(19) vehicles that results in potential abdominal and spinal(20) injuries to passengers wearing lap-only belts in the(21) rear position of DaimlerChrysler vehicles involved in(22) frontal collision?

(23) MR. OTT: Object. Privilege only to the(24) extent that in responding to that question she would(25) have to reveal communication between the Legal

Page 64 i Page 66

I (1) Q: (BY MR. GOLD) When you say that that thei (2) Safety Department has not announced a defect - When! (3) you use the term

, "

defect , how do you use the term?i (4) A: I was thinking of it in terms of the federal

i (5) requirements that NHTSA defect safety related defect

I (6) that would lead to a recall.! (7J Q: Is a DaimlerChrysler criteria for determiningi I8) whether a system or a device is defective is whether or! (9) not it - the device as designed or manufactured wouldi (10) lead to a federal government recall?

1(11) MR. OTT: Object to form.

I (12) A: I need that read back.

if13) (Reporter read back question.

1 (t4) A: If you mean do we only or - do the engineers

i (15) only make changes in response to government1(1S) requirements, the answer is no. Many changes are made

1(17) all the time , many before vehicle is ever launched.

i (18) Problems may be found in the plant or during the, you1(19) know, development process. So no. That s not it atI (20) all.

l(2t) When you asked your earlier question, youI (22) had said, I believe , something about announcmg a

i (23) defect.i(24J Q: (BY MR. GOLD) Right.

1(25) A: And that's how I associated it with the recall



RACHEL LOZANO v.DAIMLERCHRYSLER AG, ET AL.

Page 69(1) process.

(2) Q: Okay. But a defect doesn t necessarily have(3) to be a condition which would only lead to a federal(4) government recall?(5) MR. OTT: Object to form.(5) Q: (BY MR. GOLD) In other words (7J MR. OTT: Depends on what you mean by(8) defect.

(9) A: I was just going to say that. Okay.PO) Q: (BY MR. GOLD) That makes the question is-(11) A: Right.

(12) Q: is the criteria of defect that you re using(13) that it would subject the device or the vehicle(14) containing the device or system to a federal government(15) recall?(1S) MR. OTT: Object to form.

f17) A: All right. I mean , there s a - there(18) Defect can be used in the terms ofthe federal(19) government.(20) Q: (BY MR. GOLD) Right.(21) A: Okay. Defect can be used in litigation (22) Q: Right.

(23) A: - where it has nothing to do or little to do(24) with that. And then it can be used by lay people or(25) engineering people to mean many different things.

Page 67 !

i (1) compliance recall setting where we officially. as ai f2J corporation, identify a safety-related defect in one of! (3) our vehIcles.

! (4) Q: (BY MR. GOLD) Then the term - The problem! (5) that we re having is with the term, announcement. What! (S) I want to know is whether the Safety Department has ever: f7J informed DaimlerChrysler that it believes that there is

i (8) a problem or defect in having a lap-only seat belt in

i (9) the rear position of DaimlerChrysler vehicles because in

1(10) a frontal collision, the person wearing a lap-only belt

I (11) at the center-rear position is at increased risk fori (12) abdominal and/or spinal injuries?

1(13) MR. OTT: Object to form.

I (14) A: The Safety Department has become aware through!(15) the years that there is value to shoulder harnesses. Ij (1S) gave the example before of the retrofit kits for thei (t7) outward-seating positions. I am not aware of any

I (18) announcement by the Safety Department of defects in the! (19) lap belts of those vehicles that are so equipped.

i (20) Now, I have to also say that I'm in the

II21) Legal Department. I'm not in the Safety Department.i (22) And I think to the extent you want information about! (23) what the Safety Department has understOod or done,!(24j that s best directed to someone from the Safety(25) Department.

Page 68

(1) So our engineers identify - may identify(2) problems or issues or changes that need to be made inf3) the process totally independent of any governmental(4) requirements. Or they may identify issues in the course(5) of their testing to meet governmental requirements.(5) Q: So then let's go back to your statement , which(7J is that the Safety Department has not announced a(8) defect.

(9) When you use the term in that context (10) Wilen you use the term, defect, in that context, are you(11) saying that the Safety Department has not announced a(12) defect with regard to the lap-only belt restraint system(13) in the rear position of DaimlerChrysler vehicles that!14) would subject the vehicle to a federal government(15) recall?(1S) MR. OTT: Object to form.

(17) A: When I made that response , I was thinking of(18) it in terms of a recall situation.(19) Q: (BY MR. GOLD) Has the Safety Department ever(20) announced a problem or defect in a - of a lap-only belt(21) in a rear-center position of a DaimlerChrysler vehicle(22) outside of compliance with federal government standards?(23) MR. OTT: Object to form.

(24) A: I don t know what you mean by announce that(25) defect in any situation other than in a governmental

Page 70

: (1j Q: (BY MR. GOLD) Okay. Let's take a pause so! (2) change tapes.

! (3) THE VIDEOGRAPHER: We re going off thel (4) record. The time is approximately 12:34 p.i (5) (Off the record from 12:34 p.! (S) to 12:59 p.

i (7J THE VIDEOGRAPHER: Beginning of Tape 2.f (8) The time is approximately 12:59p. Weare now back on

i (9) the record.i(10) Q: (BY MR. GOLD) Now, in - in gathering cases

1(11) or claims or complaints that have been obtained by1(12) DaimlerChryslerthat relate to plaintiff's complaint

1(13J about - Well, let me rephrase it. Let me rephrase1(14) that. It's too long.

1(15) In responding to the plaintiff's request

1(1s) for other incidents that are similar to the fact

1(17) situation in this case, an individual sustaining!(18) injuries from a lap-only belt in a frontal collision at

1(19) least to that extent to those - those parameters, areI (20) you the one that has overseen the gathering of thatir21) data? !f22J A: Yes.

!(23) Q: The earliest case - the early - Well, put

1(24) it this way:The earliest incident that you have

! (25) obtained is what - from what date?




Page 73Page 71

i it) vehicle involved in a frontal collision?i (2) A: In order to respond to that, I need some time

i (3) to review this list and sort of categorize the

l (4) information because what I have is a search that was! (5) done from 1988 to September 14 of 2001-

: (S) Q: Okay.i (7J A: I can get the information you ve requested

i (8) but it s going to take me some time to do that.

I (9) Q: About how long do you think it will take you?

;(10) Just for the cases between 1989 and - and 2

I (11) MR. OTT: Between March of '89 and

I (12) MR. GOLD: And 1991.

iI13) MR. OTT: - and then March

I (14) MR. GOLD: Yeah.

!(15) MR. OTT: of'91?: (16) MR. GOLD: Yeah.

!(17) A: And if it - Well, I don t know, maybe ten

1(18) minutes or so.

1(19) Q: (BY MR. GOLD) Okay. Why don t we take a

i (20) brief pause, and let you do that.

i(21) A: Okay.

j (22) Q: There s gonna be - We re gonna be doing this

I (23) several times, so go ahead and take a few minutes and do

I (24) that.

I (25) THE VIDEOGRAPHER: Going off the record.

Page 72 i

I (t) The time is approximately 1 :04 p.! (2) (Off the record from 1 :04 p.

i (3) to 1 :30 p.m. Mr. Gold marked Van Der

I (4) Wiele Exhibits 289 and 290.

I (5) THE VIDEOGRAPHER: We are now back on the

I (6) record. The time is approximately 1:30 p.

i (7J Q: (BY MR. GOLD) All right. What I want to doI (8) is identify two documents. First of all, Exhibit 289 ! (9) the list of incidents that DaimlerChrysler has gathered

1(10) between 1988 and 2001 that involved a complaint of an

I (11) individual allegedly being injured by a lap-only belt in

1(12) a DaimlerChryslervehicle involved in a frontal

I (13) collision. Is that correct?

i!14) A: Yeah. The specific date in 2001 was September!(15) 14.

i (1S) Q: Okay, Through that date. Correct?i(17J A: Yes.

! (18) Q: Now, how many incidents was - were you able

i (19) to confirm were received by DaimlerChrysler? How manyI (20) of these incidents did DaimlerChrysler have notice of1(21) between 1989 - March of 1989 and March of 1991?! (22) A: I've identified six - seven cases actually.; (23) Driscel, D-r-i-s-c-e-l is one of them.And then therei (24) are two lawsuits arriving out of one incident.! (25) And I need to qualify that by saying this

(1) A: I would have to look at the list (2) Q: Go ahead and look.(3) A: - to make that determination.(4) Q: Go ahead and look.(5) MR. OTT: While she s doing that. it(6) might be appropriate to note that per agreement of(7J counsel , and meet and confer, the scope of the list was(8) complaints served January 1, 1988 to the present, the(9) present being the date that the list was prepared-(10) So at least in theory, there shouldn t be(11) any before January I of 1988.

(12) MR. GOLD: Okay.

(13) A: Okay. So do you

I14) Q: (BY MR. GOLD) Is there one from 1988?(15) A: An incident?

(1S) Q: Yes. Where the incident (17) A: Sure. On the first page of the lawsuit there(18) is an event date of November 2 of 1985.(19) Q: Okay.

(20) A: Now, I note that when I was going through the(21) complaints, it looks like the complaint wasn t filed(22) until March 20 of '89.(23) Q: Okay. And did that involve an adult or a(24) minor in a lap belt or both?(25) A: I In order to tell the age of the person

(1) I'm going to have to look at the accident report.(2) Q: It - it s not on your information sheet?(3) A: No.The-(4) Q: I mean , sometimes it is on the information(5) that y all provided. But on this particular one. it(S) not?

(7J A: I do not have the age ofthe occupant. Andf8) in fact, there were two lawsuits that arose OUt of that(9) incident.(10) Q: Okay.

(11) A: And so obviously, w.e have two different aged(12) individuals.(13) Q: And what was the name - Was a lawsuit filed(14) in that - Well, a lawsuit was filed on 3-20 of '89.(15) Correct?(15) A: Correct.

(17) Q: And what was the style of the lawsuit or what(18) was the plaintiff's name?(19) A: The plaintiff's name was Anna, A-n-n-a,(20) Bagwell, B-a-g-w-e-

(21) Q: Since 1989 when that lawsuit was filed(22) approximately how many - how many lawsuits were filedI23) between 1989 and 1991 accordingto your search in which(24) it was alleged that an individual sustained severe(25) injuries from a lap-only belt in a DaimlerChrysler

---

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RACHEL LOZANO

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P) may nor be the service It's the date that I have(2) marked down for whenever the complaint was filed (3) Q: Right.(4J A: - or served. So there - there s some(5) leeway in there.(S) Q: Right.And we re being somewhat rough (7J A: Exactly.(8) Q: - in these in these dates. We can havef9) anywhere from 60 to 90 days off on a period because the

(10) lawsuit may be filed, and you might not have had notice(11) of it for 90 days or so?

(12) A: That s correct.(13) Q: Okay. Between 1991 and 1994, approximatelyI14) how many cases did - or claims did - Let me rephrase(15) it. Between 1991 and 1994, how many complaints did(16) DaimlerChrysler receive in this this listing where(17) someone allegedly received injuries from a lap-only belt(18) in a DaimlerChrysler vehicle involved in a frontal(19) collision?

I20) A: From the March dates in that time frame , it(21) was 20 lawsuits.(22) Q: And between March of 1994 and March of 1998(23) how many claims did DaimlerChryslerreceive noticeofin(24) which someone was alleging to have sustained personal(25) injuries from a lap belt in a DaimlerChrysler vehicle

Page 76

f1) involved in a frontal collision?(2) A: 24 losses.(3) Q: And between 1998 - March of 1998 and March of(4) 2001 , how many claims did DaimlerChrysler receive notice(5) of where someone was alleging personal injuries as a(S) result of a lap-only belt in a DaimlerChrysler vehicle(7J involved in a frontal collision?(8) A: Eleven lawsuits. But just for clarification

(9) I didn t put a March 2001 cut off.(10) Q: Okay.

(j1) A: I just took it through anything that was on(12) this list.And also by way of clarification, the(13) numbers that I've given you are based upon the lawsuits(14) identified on Exhibit 289.And in going through this(15) exhibit, there were some errors in the lawsuit search.(15) And there are certain things identified on this list(17) that shouldn t be on the list because they don t fall(18) within the parameters that you ve described.

(19) Q: So , have you totaled those out?(20) A: I've done a little bit of that.(21) Q: Okay.

(22) A: Based - again , based upon my review of the(23) complaint, the police accident report if available in(24) this list.And I can call out a few for you fairly(25) easily.

! (1) Q: So of the - ofthe six to seven lawsuitsi (2) filed between March of '89and March ' arethere some

i (3J that that you do not believe should be on the list?: (4) A: I'll check for you. Yes. Included in that

i (5) count was the Hurst case , H-u-r-s-i (S) Q: All right.

i (7J A: And based upon my review, the injured occupant! f8) was a small child in a in a child seat that wasi (9) secured to the rear seat.

1(10) Q: Okay. So eliminate that one. So we re down!(11) to five to six cases between '89 and ' 91 1(12) A: Right.

i (13) Q: - March of '89 to March of '91. Correct?!(14) A: Right.

1(15J Q: And between '91 and '94 - March of '91 and

i(1S) March of '94?

1(17) A: Let me see if there are any on that list.! (18) Okay. The Hartman case , H-a-r-t-m-a-n, I believe also

i (19) was a case involving a child in a child seat.

iI20J Q: Okay.

i(21) A: And the Liston case, L-i-s-t-o-n, actuallyI (22) involved a vehicle designed and manufactured by

!123) Mitsubishi.

i I24) Q: Not a - not a Chrysler vehicle?(25) A: It was branded , bUt the design and manufacture

Page 78

! (1) were done by Mitsubishi.: (2J Q: And what vehicle was that?I (3) A: I'll check for you. It s a 1982 Dodge! f4) Challenger.: (5) Q: All right. What else? So is that it for 'i (S) to ' 94?

i (7J A: just let me check. Included in that list is! (8) the Enders case, E-n-d-e-r-s.And that case involves a! 19) conversion van where the seats and restraints were!ltO) supplied by a company other than DaimlerChrysler.

i(11J Q: Okay. What else? Any others between '94-!f12) '91 and ' 94?

i(13) A: I don t think so.1 (14J Q: Okay. So between 1991 and 1994 that would!(15) have reduced the number of cases to 17. Right?: (16) A: Yes.

i I17J Q: Okay. Between '94 and '98?

1(18) A: On that list is the Copron , Coop-roo-no

i (19) Q: C-o !(20) A: P-r-o-n.

1 (21) Q: Copron. Okay.

i (22) A: And I believe that also was a case with ai (23) child in a booster or child seat.

1(24) Q: Okay.

i (25) A: The Mosher case, M-o-s-h-e-r, was a case

Page 75 - Page 78 (22) HOUSTON REPORTING SERVICEMin- Scripf(B)



Page 81Page 79 !

i 11) A: That's correct. We looked at each individuall (2) matter that we received.

i (3) Q: Okay. After having looked at any of these: (4) complaints, the some - What did I say? 43?

1 (5) A: Correct.

i (6) Q: - the 43 complaints, did DaimlerChrysler see: (7J any of those complaints that seemed to it to be! (8) reasonably similar to the complaint alleged in this! (9) instance on behalf of Rachel Lozano?!(10) MR. OTT: Object to form.

(11) A: I can t answer that from a technical(12) standpoint. If you use the word similar in a very broad

I (13) sense as we conducted the - the search , then there are

I (14) certain similarities among the cases insofar as they

i (15) involve frontal or some type of frontal iI1S) Q: (BY MR. GOLD) Okay.

i (171, A: - or some lap belts allegation. But in order! (18) to find First of all , I think: similar for purposes

i(19) of litigation has different meanings or different

1(20) requirements or different jurisdictions. And I'm not a

1(21) Texas lawyer, so I don t know what the specific

i (22) requirements are in your state.i (23) And also, to get to that point, one wouldi(24) have to do a far more careful analysis of each ofthese(25) incidents than I certainly have done or am capable of~wi

(1) wearing a lap-only belt sustained injuries because of : (1) doing.(2) the belt when the vehicle was involved in a frontal i (2) Q: Rachel Lozano is not the first individual to(3) collision? i (3) have alleged some form of paralysis resulting from(4) A: Yes. And I think the search that was done

! 14) having worn a lap-only belt in a DaimlerChrysier vehicle(5) included frontal.And it says, frontal oblique. So i (5) involved in a frontal or near-frontal collision.fa) some type of angular

i (S) Correct?(7J Q: Right. ! (7J A: That s correct.(8) A: - but a frontal-type impact. i 18) Q: In the other instances, are there any ofthose(9) Q: As opposed to a side impact or rear impact? i (9) other instances that remain open - open litigation?(10) A: Right.There actually is - Well, strike

i(10) A: Yes.(11) that. There was one rearjmpact on here that I could

Ir1t) Q: Are there any that have been closed?(12) telL But it didn't fall into the time period that you

I (t2) A: Yes.(13) were just describing 1(13) Q: With regard to the incidents in which it has(14) Q: Okay.

I (14) been alleged that an individual sustained some form of(15) A: - or I couldn t tell if it fell into that i (15) paralysis as a result of a lap belt in a DaimlerChrysler(1S) time period.

1(16) vehicle that was involved in a frontal or near-frontal(17) Q: All right. Is - And as I understand it

l(t71, collision that have been closed, did DaimlerChrysler(18) And I appreciate your patience ' cause I know weve

i (18) determine whether any of those incidents or any of those(19) touched on this, but I just want to put everything into

i (19) injuries occurred as a result of something other than(20) context. - there - there s no threshold or no iI20) submarining-(21) criteria by which after DaimlerChrysier receives so many

1(21) MR. OTT: Object to form.(22) claims during a specified period that it notifies some

1(22) Q: (BY MR. GOLD) - the individual submarining(23) department of DaimlerChrysier that there may be a I (23) below the seat belt?(24) developing trend or pattern with regard to a defect or

i (24) A: I don t know the specific answers to that(25) claim of injury? ! (25) question because I haven t gone through the analysis of

(1) involving a Mitsubishi designed and built vehicle.(2) Q: Which vehicle was that?(3) A: A 1980 Plymouth Champ.f4) Q; Okay.

(5) A: Similarly, the Smith case - the Elijah Smith(S) case involved a Mitsubishi vehicle , a 1993 Dodge

(7J Stealth. And also with respect to that case , thef8) complaint indicates that the injured person - or both(9) injured people were front seat occupants, a driver and a

(10) front-seat passenger, who, according to the complaint(11) was utilizing the three-point restraint.(12) Q: Okay. What else?(13) A: In the Cox case , C-o-x, both the complaint and(14) the police accident report indicate that the injured(15) person , Mr. Cox, was a driver using a three-point(1S) restraint.(17) Q: Okay. What else?(18) A: I think that's all on that list,(19) Q: So that reduces the 24 down to 20. Right?(20) A: Yeah. I've not been counting while I've been(21) talking, but I think: you re correct.(22) Q: Okay. So that that means that between(23) 19- - March 1989 and March of 1998, there were(24) approximately 42 to 43 claims that DaimlerChrysler(25) received in which it was alleged that an individual


LOUA.~ VAN DER WIELEMarch 5, 2002

RACHEL LOZANO

y.


Page 85Page 83

(1) each of the cases. I know I'm not supposed to l f1) MR. GOLD: I understand. I understand.(2) speculate, bUt my sense tell me that there - there were i (2) MR. OTT: And (3) instances where determination was made that submarining : (3) MR. GOLD: I'm not - I'm not.(4) was not did not playa role in the incident or the i (4) MR. OTT: Substantively, the answer(5) injuries. But I can t take you through and say it was i (5) probably, you know, who cares; but - I mean , not who(5) this case , this case, and this case. i (S) cares. BUt not troublesome. BUt if I don(7J Q: There is nothing in the database that allows , (7J Obviously, if we don t assen the privilege , itf8) you to segregate cases by whether submarining occurred ! (8) MR. HAYES: He understands that and he(9) or did not occur or was alleged or not alleged? ! (9) being patient because you re doing more than objection(10) A: Not with any reliability.

1I10) to form.(11) Q: Did the Let me rephrase. Was the database ;(1t) MR. OTT: I understand.(12) of information kept by DaimlerChrysler Corporation with ! (12) MR. HAYES: So just just go ahead and(13) regard to complaints about injuries having occurred to

1(13) state it on the record.(t4) passengers wearing lap-only belts in frontal 1(14) MR. OTT: Objection. Privileged.(15) collisions - was that database consulted in the

t(1S) Instruction not to answer.(1S) decision-making process to add a lap - to add a

1(16) MR. GOLD: Okay. All right.(17) shoulder belt to the lap belt at the center position of ! (17) Q: (BY MR. GOLD) If the Safety Depanment or any(18) the 2001 Dodge Stratus? !(18) otherdepartmentinvolvedinthedecision-makingprocess(19) MR. OTT: Objection. Privileged. And

i (19) to add a shoulder belt to the center-rear position of(20) I - There - If I may, there s the - the addition

i (20) the Dodge Stratus in 2001 had requested access to the(21) there she says that if people oUtside the Legal

i (21) database of claims obtained by DaimlerChrysler regarding(22) Depanment have a need for information from the Legal

iI22) injuries sustained allegedly sustained by lap belts(23) Depanment s database , there is a communication between i (23) in DaimlerChrysler vehicles involved in frontal(24) them and the Legal Depanment.Therefore, in a specific

if24) collisions, would there, in the ordinary course of(25) instance now, you know, her answer to that would reveal (25) business, be a document evidencing such a request?Page 84 ! Page 86

f1) whether there was or was not a communication between(2J attorney-client on a specific topic by definition.(3) MR. GOLD: Right.And now - now I'm(4) willing to fmesse the issue about whether it is that

(5) you re claiming that whether there was a communication(S) is protected by attorney-client privilege as opposed to

(7J the substance of the communication?

18) MR. OTT: Well, whether there was

(9) When - when the question is phrased as, was there a

(10) communication aboUt a specific topic, if the answer

I11) yes , by - by definition, it reveals t.'le communication.(12) So there s no way around that.(13) Q: (BY MR. GOLD) Did - Was there an inquiry(14) made by the Safety Department or anyone in the policy(15) decision-making process with regard to adding a shoulder

(1S) belt to the center-rear position of the 2001 Dodge(17) Stratus of the Legal Department for access to the(18) database regarding claims against DaimIerChrysler

(19) alleging that injuries that occurred by lap belts in(20) DaimIerChrysler vehicles involved in frontal collisions?(21) MR. OTT: Objection. Privileged.

f22) Instruction not to answer. I have to say substantively,

(23) I mean, I'm only doing this because , as you know, under

(24) Texas law, you have to vigorously assert the privilege(25) or you lose it.

i (1) A; No. And , also , they would not request accessi (2) to the system. They would ask for information about! (3) claims and lawsuits.j (4) Q: Okay.! (5) A: And - and that would then be provided.! (S) Q: Okay. And if that information were requested

i (7J would there , in the ordinary course of business, be a

i (8) written or electronic request for that that type of! f9) information?(10) A: There mayor may not be depending upon who was

1(11! making the request at what time. It cenainly doesn! (12) have to be in writing. There s no policy that the

i(13) request h~s to be in writing.

1(14) Q: Okay.

i(i5) A: But it could be in writing.1(1S) Q: And as I understand it, the only place that a

I (17J depanment outside of the litigation depanment could! (18) gain access to the claims of personal injuries resulting

i (19) from lap-only belt situations, would be by making ai (20) request to the Legal Depanment?

i(21) A: Probably to me.

t (22) Q: To you in the Legal Department?i (23) A: Correct.

i (24) Q: To your knowledge, there s no other place at

1(25) DaimlerChrysler where such information is gathered and

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. RACHEL LOZANO v.DAIMLERCHRYSLER AG, ET AL.


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P) stored?(2) A: The lawsuit and claims information?(3) Q: Regarding personal injuries resulting from(4) restraint systems such as lap-only belts in the(5) rear-center positions of - of DaimlerChrysler vehicles?(S) A: That s the only location where that(7J information is systematically stored. There may be(8) information about a panicular claim or a panicular(9J lawsuit in another area of the corporation, panicularly

(10) if they re assisting us in the defense of that lawsuit.(11) But it wouldn t be a systematic maintaining organization(12) of records as it is in the Legal Department.(13) Q: Now, for purposes of the - of the - For(14) purposes of the judge in the event that this becomes an(15) issue , if the question were asked to you by the Court(1S) can you tell us whether or not the Safety Department or(171 any other depanment at DaimlerChrysler made a request(18) of the Legal Depanment for information regarding claims(19) involving injuries from lap-only belts in(20) DaimlerChrysler vehicles involved in frontal collision(21) for purposes of making a decision whether to add a(22) shoulder belt to the Dodge 2001 Stratus, could you(23) provide a substantive answer to the Coun?(24) A: As I sit here now, if the Coun were asking me125) right now?

i (1) intervention, you feel the deposition is concluded.: (2) MR. OTT: That would be correct. Are we: (3) in agreement on that, or do you want to think about it?! (4) MR. GOLD: I'm reserving - I'm just; (5) reserving.i (S) MR. on: All right.

! (7J MR. HAYES: He never finishes a

! (8) deposition.

! (9) MR. OTT: Okay.lito) MR. HAYES: You ve got to understand

1(11) that.

i (12) MR. on: All right.

i (13) MR. HAYES: You have to declare for him.! (14) MR. on: Okay. Well, I agree he s been

i (15) a gentleman. Thank you very much for your time.

1(1S) MR. GOLD: Thank you.r (17) THE VIDEOGRAPHER: Going off the record.i (18) The time is approximately 1 :56 p.

1(19) (Deposition concluded at 1:56 p.

1(20) Exhibit 289 and 290 are attached hereto.

i (21)

1(22)

!I23)

!(24j

Page 88 i (25)

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(1) MR. OTT: In other words , is there(2) anything to argue about here is - I guess is what he(3) getting at-(4J MR. GOLD: Yeah.

(5) Q: (BY MR. GOLD) What I'm - what I'm asking is(S) whether you could provide the Coun a substantivef7J answer-(8) A: I could not - I'm sorry.

Q: Okay.

A: I could not provide a substantive answer right(9)

PO)

(11) now.(12) Q: Okay. You could not tell the Coun yes or no?(13) A: That is correct.(14) Q: Okay.

(15) MR. GOLD: I'll reserve the rest of my(16) questions. I told you I'd get you out of here by 2:00,(17) and I appreciate your cooperation.(18) MR. HElL: For Crystal Flores, we(19) reserve questions until trial.Just reserve questions.(20) MR. OTT: Do you want to resume this(21) deposition at a later date?(22) MR. HAYES: I have a prediction he(23) intends to go seek some judicial intervention.And(24) after that he is going to see if he has a right to. I(25) think your position would be, absent judicial

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(to), LOUANN VAN DER WIELE , have read the

I1 t) foregoing deposnion and hereby affix my signature thatsame is true and correct , except as noted above.

(12)

(13)

LOUANN VAN DER WIELE

(14)

THE STATE OF

(15) COUNTY OF

Before me , on this day(16) personally appeared LOUANN VAN DER WIELE , known to me

(or proved to me under oath or through (17) (description of identity card or other document) to be

the person whose name is subscribed to the foregoing(18) instrument and acknowledged to me that they executed the

same for the purposes and consideration therein

(19) expressed.

Given under my hand and seal of office

day of , 2002(20) this

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Notary Public in and forThe State ofMy Commission Expires:

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Page 91 !: 11) NO. 01-2090-i f2j RACHEL LOZANO

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) IN THE DISTRICT COURT: (3)

Plaintiff.i f4)

i VS) NUECES COUNTY , TEXAS

i (5)

i DAIMLERCHRYSLER AG , ET AL: (6)

Defendants. ) 28TH JUDICIAL DISTRICT

i (7J

! (8)

i (9)

1(10)

1(11)

i (t2) I , Dianna L. Tynes, Certffied Shorthand

i (13) Reporter in and for the State of Texas , hereby certify

i (14) to the following:i(l5) That the wnness , LOUANN VAN DER WIELE

I (1S) was duly sworn by the officer and that the transcript of

i (17) the oral deposnion is a true record of the testimony

i (18) given by the wnness:

i (19) That the deposnion transcript was

1(20) submnted on , 20::12, to the wnness or! (21) to the attorney for the wnness for examination

I (22) signature, and return to me by , 2002;

i (23) That the amount of time used by each

I (24) party at the deposnion is as follows:(25) Mr. Paul Gold - 2 Hours, 28 Minutes;

REPORTER' S CERTIFICATIONDEPOSITION OF LOUANN VAN DER WIELE

MARCH 5 , 2002

Page 91 - Page 92 (26) HOUSTON REPORTING SERVICEMin- U-ScriptIID


LOUA.~ VAN DER WIELEMarch 5, 2002

Page 94P) That pursuant to information given to the

(2) deposnion officer at the time said testimony was taken

(3) the following includes counsel for all parties of

14J record:

is) FOR THE PLAINTIFF:Mr. Paul GoldPERRY & HAAS

2300 Frost Bank PlazaO. Box 1500

Corpus Christi, Texas 78403(8) Fax (361) 887-9507(9) FOR DAIMLERCHRYSLER CORPORATION AND MS. VAN DER WIELE:

Mr. Stephen J. Ott(10) MILLER. CANFIELD , PADDOCK AND STONE , PLC.

840 West Long Lake Road , Sune 200Troy. Michigan, 48098-6358Fax (248) 879-2001

is)

l7J

(11)

(12)

Mr. Burgain G. HayesCLARK , THOMAS & WINTERS

O. Box 1148300 West 6th Street, 15th Floor

Austin , Texas 78767(15) Fax (512)474- 1129(1S) FOR CRYSTAL FLORES:(17) Mr. Robert J. Hell

ATIORNEY AT LAW555 North Carancahua 1100 Tower"Corpus Christi , Texas 78478

(19) Fax (361) 883-8353(20) I further certify that I am nenher(21) counsel for , related to , nor employed by any ot the

122) parties or attorneys in the action in which this,23) proceeding was taken, and further that I am not(24) financially or otherwise interested in the outcome of(25) the action.

(13)

(14)

(18)

Page 93 i

i (1) Further certification requirements

: f2J pursuant to Rules 203 of TRCP will be certified to after! (3) they have occurred., (4) Certified to by me this day ofi (5) , 2002.I (S)

; (7J

Dianna L Tynes , Texas CSR No. 7653

Expiration Date: 1213112002

1010 Lamar, SuRe 1400

Houston , Texas 77002

(713) 739- 1400r (8)

! (9J

!PO)

1(11)!(12)

i(13)1(14)

1(15)

!!16)

117J

1(18)

t(19)

1(20)

i (2t)

i(22)

i(23)

i (24)

(25)

Page 95

i (1) FURTHER CERTIFICATION PURSUANT TO RULE 203 TRCPI (2) The original deposnion was /Was not

returned to the deposnion officer on

1 (3) , 2002;

! f4) If returned. the attached Changes and

Signature page contains any changes and the reasonsi (5) therefor:

I (S) If returned , the original deposnion was

delivered to Mr. Paul Gold , Custodial Attorney;

I (7J

That $ is the deposnion officerI (8) charges to the Plaintiffs, Bar No. 08069700 , for

preparing the originai transcript and any copies of

i I9) exhiMs;I (t 0) That the deposition was delivered in

accordance with Rule 203. , and that a copy of this

i (11) certificate was served on all parties shown herein andfiled wnh the Clerk.

lt2)Certified to by me this day

2002.1(13)

II14)

1(15)Dianna L. Tynes, Texas CSR 7653

Expiration Date: 12131/2002

1010 Lamar, Sune 1400Houston, Texas 77002(713) 739- 1400

1(1S)

1(17)

1(18)

1(19)

j (20)

i(21)! (22)

!(23)

1(24)(25)

HOUSTON REPORTING SERVICE Min- ScriptIID (27) Page 93 - Page 95

lawyer Notes

RACHEL LOZA1"lO v.DAIMLERCHRYSLER AG, ET AL.


1 71:8, 11

10:014:910:1512:110:5835:16.11 :31 35:1811th45:1512:3470:4, 5

12:5970:61473:5;74:1517 78:15

1979:231980 79:3198117:2198278:3198571:18198655:1,198871:8. 14;73:5;74:10198911:6; 21:8, 11;72:21, 23; 73:10; 74:2121; 79:23

1991 20:21; 21:11 , 17;72:23; 73:12; 74:21;75:13. 15; 78:14

1993 79:61994 21 :22; 22:2; 23:4.25; 24:8 13; 28:16; 75:13,15, 22; 78:14

199828:16;75:22;76:3,3; 79:231:0474:11:3074:3,1 :5689:18

270:7; 71:18; 73:102071:22; 75:21; 79:19200173:5;74:10 14;76:4, 9; 83:18; 84:16;85:20; 87:22

20024:92476:2;79:19259:19; 10:20; 11:1

28974:4. 8; 76:14; 89:2029074:4; 89:20

2:0088:16

2072:14

4279:244379:24; 81:4 , 6

5th 4:8

6075:9

70' s 37:18

86 55:2

8971:22; 72:14; 73:11;77:2 11,

9075:9,90' s 55:119173:15;77:2 11, 13, 15,15;78:5,9477:15. 16; 78:6.

9878:17

A-n-n-a 72:19

m4:9;12:135:16. 17, 18,abdomen 57:3abdominal 49:24; 50:7;51:2;61:22 23;64:19;65:11; 69:12ability 16:7;29:17able 8:20; 31:19; 41:25;

63:23; 74:18absent 88:25

. absolutely 19:7; 30:7;: 45:5: access 37:1;38:16;

39:15; 84:17; 85:20; 86:1

accessible 38:25

accident 35:7 . 8 10, 11;38:9; 63:24; 72:1; 76:23;79:14accidents 26:25; 65:22accompany 49:9according 4:1; 40:22;72:23; 79:10accordingly 60:2

acknowledged 57:1act 44:2

activity 22:21

actually 8:17; 14:2; 53:1;63:17; 74:22; 77:21; 80:10

HOUSTON REPORTING SERVICE

add 29:1;83:16, 16;85:19; 87:21adding 84:15

addition 83:20

additional 38:11

address 20:8, 13; 35: 1;57:6addressing 16:17;18:12; 33:7administration 17:14

adult71:23advise 60:2

advising 29:20

affairs 55:10afield 15:11

again 11:14; 19:13;24:20; 28:24; 34:23;50: 15; 76:22

against 23:20; 26:2;29:18; 84:18age 40:2; 71:25; 72:7aged 72:11

ages 40:6ago 44:20

agree 18:18;89:14

Agreed 4:3agreement 71:6; 89:3ahead 15:22; 16:6;71:24; 73:23; 85:12allegation 16:13;81:17

allegations 13:19; 16:8;23:20; 27:1; 34:12 18;35:6; 36:6, 12; 50:11 , 12alleged 7:10; 65:5; 72:24;79:25;81:8;82:3, 14;83:9.

allegedly 8:4; 12:10;13:3, 20; 14:9; 39:14; 41:6;46:8; 51:22; 56:10; 74:11;75:17; 85:22alleges 16:12

alleging 24:13;48:11;

49:2; 51:1; 57:18; 59:9, 17;

63:20; 75:24; 76:5; 84:19allow 15:23; 22:10; 31:20allows 83:7

among 33:10;43:18;81:14anal 27:21

analysis 8:7, 14 21, 24;9:2 22; 10:14 25;11:4. , 12; 25:1; 27:21;31:12, 24;45:7;47:19, 24;48:1, 9; 52:19; 58:5, 11;61:5, 5; 64:8 16; 81:24;82:25analyze 34:19; 41:25;44:25; 57:12, 23; 60:12analyzed 34:25;42:12;49:10; 58:16analyzing 25:24; 35:5and/or 49:24: 50:7; 51:2;57:3; 69:12angular 80:6

Min- ScriptIID

Anna 72:19announce 68:24announced 65:8, 19;66:2; 68:7,announcement 69:5, announcing 66:22

answer s 84:10; 85:4answered 43:21; 44:4;63:10appearance 4: appearing 4:16

appears 32:9; 34:9appreciate 80:18; 88:17

approaches 19:25appropriate 64:10; 71:6approximately 4:9; 8:19;12:5; 35:16 20; 53:24;70:4, 8; 72:22; 74:1 , 6;75:13; 79:24; 89:18April 11:5

area 9:8; 10:25; 11:13;14:7, 24; 17:12; 29:21;53:13; 87:9areas 9:7; 30:8; 32:2, 12;47:1;61:2;63:14argue 88:2

arose 72:8

around 84:12

arriving 74:24articles 61:12

articulate 45:11

aside 25:8; 26:9

aspect 5:16; 8:5aspects 8:12; 25:22assert 84:24; 85:7

assessments 33:4assist 6:17; 8:8

Assistant 6:3, assisting 87:10

Associate 5:14

associated 66:25

Assuming 47:25attached 89:20

attack 45:16

attempt 13:22; 18:6 20;20:1; 22:4; 24:1 17; 34:1219; 43:11; 57:23attempted 20:22; 28:18;33:9; 37:19; 38:2; 47:7,attempting 14:25; 15:17;25:17; 29:8; 32:22;42:12attempts 26:5; 35:21attention 13:10; 32:11;

64:4,attorney 5:2 9; 14:5,

Attorney-client 47:16;84:2,attorneys 4:14; 6:9; 8:13;24:22; 35:7attributing 58:15

available 11:16; 29:3;

38:7; 39:6 11;41:18;

46:24; 49:1; 57:9; 76:23aware 7:1; 10:6; 42:9;48:6: 57:7; 65:3, 4; 69:14

awareness 65:23awfully 44:20

B-a-g-w-e- I72:20Bachelor s 17:10

back 12:4; 16:18; 21:417; 35:19; 36:18; 37:13,16; 46:17; 50:12; 55:10;65:17;66:12 13;68:6;70:8; 74:5background 16:20bad 22:17

Bagwell 72:20

bailiwick 53:12

based 34:12; 62:10;76:13, 22; 77:7basis 7:23; 58:4 9; 59:723; 60:24; 63:9bear 45:12

become 69:14becomes 87:14beginning 25:11; 70:7behalf4:16;7:3, 7;81:9believes 69:7

below 52:15;82:23belt 9:9; 16:12; 33:16;37:25; 38:5; 39:13; 49:9,25; 50:6, 8; 51:3, 22;56:10 18; 57:21; 60:13;65:6; 68:12 , 20; 69:8 10;70:18; 71:24; 72:25;74:11;75:17, 25;76:6;80:1 2; 82:4 15, 23;83:17, 17;84:16;85:19;86:19; 87:22belts 43:15; 47:10 12;48:5, 15;49:3, 17;57:1; 61:20; 64:20; 65:12;69:19; 81:17; 83:14;84:19; 85:22; 87:4,Bernard 28:12, 13;52:22; 53:19best 18:19, 23; 25:20;26:23; 69:24better 20:6; 26:21

beyond 15:4; 22:7;28:23; 33:1; 57:4; 60:23bit 54:12;76:20Body 9:23; 10:5, 13;20:17; 28:19booster 78:23

both 37:20;71:24;79:8

branded 77:25

break 32:18; 33:21Breeze 28:20,brief 73:20bring 32:10

(1) 1 - bring


RACHEL LOZANO V;.


broad 18:17; 81:12broadcasts 61:13

broader 23:21

broke 64:1

broken 64:5

brought 25:14; 64:3,buckle 51:11

built 79:1bulk 14:12

Burgain 4:17

business 15:10; 17:10,14;44:19, 24;45:2;

51:8; 85:25; 86:7

i-s-c 54:21i-s-c-h-e 54:20i-s-c- k-e 54:22

C-o 78:19C-o-p-r-o-n 78:18C-o-x 79:13C-u-r 8:16call 5:9; 12:21;76:24called 4:5

calls 13:11, 12; 31:18;42:23,came 58:17;63:19can 11:19; 12:12; 15:16;16:13, 19; 18:7, 22; 19:9,25; 20:12; 22:9, 17; 23:11;25:20; 26:14 , 23; 28:15,15; 29:1; 32:13, 18; 35:14;36:9; 37:1; 40:18; 44:7 , 8,22; 50:9; 58:4 12; 61:1;62: I; 63:15; 65:14; 67:1821, 24; 73:7; 75:8; 76:24;87:16capability 36:1

capable 33:4; 43:21;81:25care 45:9

careful 34:23; 63:14;

81:24cares 85:5,case 6:18; 7:10, 15; 35:5,9;37:11;40:17;44:825; 45:1; 64:17; 70:17, 23;77:5, 18, 19, 21; 78:8, 8,

25, 25; 79:5, 6, 7, 13;83:6, 6, 6

cases 6:23; 8:12; 35:2, 4;43:5; 58:1; 70:10; 73:10;74:22; 75:14; 77:11;78:15;81:14;83:1,categorize 73:3

categorized 7:9;41:18

category 18:17

cause 45:7; 80:18caused 19:10; 24:14;36:13center 38:14;45:16 17;83:17center-rear 65:12; 69:11;

84:16; 85:19CEO 52:9certain 9:7; 16:14; 19:19;44:10; 57:7; 62:18; 65:21,22;76:16;81:14certainly 7:22; 18:12;

43:9; 61:12; 81:25; 86:11Challenger 78:4

Champ 79:3change 70:2changed 54:6changes 66:15, 16; 68:2channels 30:5

characterize 7:21

charge 6:20

check 64:7; 77:4; 78:3, 7child 77:8 19, 19;78:23, 23choice 15:9

chose 31:12

Chrysler 9:18; 10:25;25:9; 37:25; 77:24circular 19:2

Cischke 54:5, 14 , 15, 1617, 23;55:16Cischke s 55:9

claim 23:17; 24:23;

33:14; 35:5, 24; 36:4 17;50:11; 51:9, 10, 16, 20;56:23; 64:5; 80:25; 87:8claimed 37:24

claiming 46:19; 47:15;84:5claims 7:13, 20; 9:412:15;24:12, 21;29:1017; 31:13; 32:8; 34:16, 20;35:23; 36:10; 44:11; 56:9,17; 62:10, 24; 63:1; 64:16;70:11: 75:14 23; 76:4;79:24; 80:22; 84:18;85:21; 86:3, 18; 87:2clarification 76:8, 12clarified 36:22clarify 28:16clear 15:14; 31:4; 50:21;

60:3,client 29:20; 60:2

close 13:10

closed 33:25;82:11, 17

closely 27:22

collision 37:25; 50:1

56:12 19; 57:22; 64:22;65:13; 69:10; 70:18; 73:1;74:13; 75:19; 76:1, 7; 80:3;82:5, 17; 87:20collisions 49:4; 57:2;

83: 15; 84:20; 85:24coming 63:1comments 13:15commerce 11:16commercially 11:16

commonalty 43:12communicate 25:1;27:10; 30:5, 12; 31:16;

46:15 containing 67:14

communicated 31 :24; context 19:20; 24:24 , 25:64:11 25:6; 40:19;44:8; 68:9, 10;communicating 62:11 80:20communication 7:22; control 18:7; 20:129:23; 30:8 , 15; 32:2 , 4 conversion 78:9

14;42:20;64:25;83:23; cooperation 88:1784:1 11 Copron 78:18, commun~cations 26:12; copy 8:1027:16;42:/ 17, 25;43:1

""

corporate-wI e 21:10communi I: ; : 5, 23; 26:20; 27:4, 9; 62:13 Corporation 4:16; 5:3, 5,

9; 7:2; 8:11; 9:18; 10:15;company 42:18;54:10; 11'78:10 " 13:7, 17;21:8, 21;compl atlon 44:15 23:13, 21; 24:22 24; 25:7;

complained 57:13 29:4, 24; 30:6, 8,

complaining 51:11, 14 12 14; 32:16; 42:17; 43:3;complaint 8:10; 14:18; 47:1; 57:16; 58:22 , 23;15:2; 16:11; 19:3; 34:13, 59:6; 61:2; 62:22; 63:2 , 2;

14; 40:9; 50:23; 51:18, 23; 69:2; 83:12; 87:9

52:1; 56:23; 57:17; 70:12; correctly 42:5; 48:171:21; 74:10; 75:2; 76:23; Counsel 4:11; 5:15, 25;79:8 13; 81:8 6:3, 17, 25;7:18complaints 13:19, 24; 23; 12:14; 42:18; 52:614:2 12; 15:19; 16:8; 14; 71:725:15; 29:12; 30:1 11; counsel's 5:1631:7; 32:10; 33:10 14; count 77:534:22; 35:22; 36:23; 37:23, 5; 38:9; 39:2, 13; coun 109 :42:2 14; 43:13, 19; 46:5, couple 53:25; 63:127; 47:8; 48:11;49:1; 50:10; course 35:8; 51:8; 68:4;56:16 20; 57:12, 16; 59:8, ; 85:24; 86:711, 16;61:18, 20;70:11; i courses 17:371:8 21;75:15;81:4 7; ' court 54:19;65:16;83:13 87:15, 23, 24;88:6compliance 5:18; 68:22; courthouse 50:2569:1 Cox 79:13, 15compliant 14:17

create 41:16, 20, 23component 46:20

creating 42:10

~~:

~ponents 18:3; 25:4: cr~ation 41:7 , 14; 43:6criteria 32:21; 56:15;componetry 33:8 59:20; 60:11 , 22; 66:7;

computer 40:16 67:12; 80:21concept 7:1; 40:14; 45:7 Crystal 4:20; 88:18conceptual 18:19 current 22:15; 46:3concern 12:23; 19:13; Currin 8:15, 17 , 23; 52:1830:5; 31:20; 64:12 Currin s 8:18concerns 29:16;31:2; customer 14'34:24 customers 13:7concluded 89:1, 19

.'

con Itlon 59:22; 7:3 cue17:23conducted 81:13

confer 71:7

confident 40:5

confidential 39:7

confining 16:16; 42:19confirm 74:19

connection 7:14; 37:10connotation 19:19

consists 46:19

consulted 83:15

consulting 10:17

contact 13:13, 17

contained 27:19;39:17;

50:3,

D-a- 19:15D-r-i-s-c-e-174:23Dahl 9:13, 14Daimler 25:9

DaimlerChrysler 4:16;5:2 11;6:2, 16;7:7,17;8:1, 4;11:5, 15;12:8 24; 13:20 22; 14:811, 25;15:15, 16;16:17;20:14 16, 21, 22; 21:13;22:3; 23:5; 24:1, 3, 13, 17;

.25:13;26:2 14;i 28:17; 29:24; 31:11, 12;I 32:11, 22, 24; 33:9: 34:2

11, 19;35:4, 21.25;36:8 11;37:1 19, 23;38:2 15;39:10, 14;42:9, 17;43:2 11.1624; 44:1; 46:4 , 9, 13; 47:6,

11, 23; 48:9,14, 25; 49:4 23; 50:4;51:1 21; 52:4 , 8;56:9, 15, 20, 25;57:7 23; 58:7

23; 59:4 , 5,16, 20; 60:11; 61:19, 25;62:1;63:2 7;64:15, 15,

: 18 21; 65:9; 66:7; 68:13,

i 21;69:7 9;70:12;72:25;74:9, 19, 20; 75:16 18,23, 25;76:4 6;78:10;79:24; 80:21 , 23; 81 :6;82:4 15, 17;83:12;84:18,20; 85:21 , 23; 86:25; 87:5,17,DaimlerChrysler s 7:8;

36:19; 39:23Dale 55:16

damage 13:4; 24:15;51:13damaged 61:24 , 25

data 23:5; 26:12; 27:11;37:13; 39:11; 40:21, 22;41:17 25: 45:22, 23:46:10, )0, ll; 49:11, 15,

21, 22; 62:1; 63:5;70:21database 36:4 , 5;40:16;44:13; 83:7 11, 15, 23;84:18; 85:21databases 36:1, 2 , 9, 19;37:1date 37: 15; 40:25; 70:25;71:9, 18; 74:14 16; 75:1;88:21dates 50:9, 12; 75:8, 20Dawkin 55:16day 59:7

days 75:9, deal 12:14; 18:13; 27:24;

28:2dealerships 12:19; 13:5dealing 5:17, decision 49:11, 15;65:24; 87:21decision-making 83:16;84:15;85:18declare 89: defect 8:5; 24:14; 57:24;64:18; 65:8 19; 66:2 , 3, 5,

23; 67:2, 8, 12, 18, 21;68:8, 25; 69:28;80:24defective 24:14; 57:14;

59:10 21; 60:5, 13;66:8defects 69:18

Defendant 4:20

broad - Defendant (2) Min- ScriptIID HOUSTON REPORTING SERVICE

RACHEL LOZANO DAIMLERCHRYSLER AG, ET AL

LOUANN VA,.~ DER WIELEMarch 5, 2002

defending 6;17; 35:8defense 35:12; 87;10defer 25;23

define 25:25; 45;9

defined 8;1; 26:22definition 60:11, 19;

84:2. ) 1

degree 16:22; 17:9, 10I')

degrees 17:8, 11

Department 7:19;8:2,24; 9:3, 7; 10:15, 17;

11:4 7; 14:5, 13, 16;15;10;16;7, 17;21;8 18,23; 22:23; 23:2 19,25; 24:7, 22; 25:17, 21;26:5, 13, 24; 27:5, 6, 9,

, II , 18; 28:3, 5, 6; 29:211, 23, 25;30:4,

11;31:7 16. 24;32:1,15; 36:3; 38:23, 24 , 25;

39:9. 11, 15, 21,23; 41 :22 23, 24; 42:2;43;2; 46:22; 47:2 , 6, 8;48:3, 16; 49:10 13, 20;50:19; 51:5, 25;52:2 19, 21;53; 11 , 15, 15, 24; 54:2 , 5;55:1, 23; 56;5, 13;

58;3, 11; 59:12; 61:3,62:10, 15; 64:3, 13,15; 65:1 , 7, 18; 66:2; 68;7,

19; 69:621, 23, 25; 80:23: 83:2224;84:14 17;85:17, 18;86:17, 20, 22;87:1216, 17,Department' s 83:23departments 25:16;32:11 15;38:15;42:10;48;8; 50;18 , 22; 58:5depend 43:22depending 19:14; 36:16;58:16;86:10depends 40;9; 67:7deposition 4:8; 88;21;89:1depth 18:9

DER 4:4 , 25; 74:3derive 9; 17

describe 60:15

described 27:17;48;17;76:18describing 80:13

design 10:12; 33;7;46:20; 58:15; 77;25designed 66;9; 77:22;79;1details 63;24

determination 49:11;

71 ;3; 83;3

determine 20:12; 26;15;30:9; 31:14; 32:23; 43;17;47:3, 10; 59:21; 64;17;82;18determined 64:8

determining 45:22; 66:7develop 18:6; 19;9developing 26:15; 29:12;30:13; 56;20; 62:2; 80:24development 66:19

device 34;14; 51:14;66:8, 9; 67:13,different 13:14; 31 ;23;44;3; 47:21; 48:2; 56:1;67:25;72;11:81:19, 19,differently 54:12

difficult 40:4; 54:20direct 6:10, 10, 14;52;9direct-line 5;10, 22; 6;5;28;10; 53:18directed 30:15, 16; 69;24directly 13:6; 27:24; 28:2;

46:12; 51:4

discipline 17:13

disclosed 63:17

Discovery 6:4; 7;1 , 2 14;34:10 15; 35:3; 58;20discussed 23;13

discussion 19;2

disseminated 27;3,divided 40:18

document 85:25documents 74:8Dodge 78;3; 79;6; 83:18;84:16; 85:20; 87:22done 19:16, 17;20:12;37:12;40:3;41:9;44:12;48:18 22; 54:14; 58:2 , 3;61 :5; 69:23; 73:5; 76:20;78:1;80:4;81:25down 12:24; 75:2; 77:10;79:19dozen 63;12

Driscel74;23driver 79:9, 15

duly 4:5

during 49:25; 65:13;

66:18;80;22duties 10:16

E-n-d-e-r-s 78:8earlier 66:21

earliest 70:23, 24

early 55:1 11; 70;23easily 76:25

effective 54;25

Eight 6;13

either 11;6; 14;17; 19:23;

39:15; 45;1; 55:12electronic 36:1, 14, 19;37:8 20; 39:16; 44:12;86:8electronically 37;14

Eleven 76:8

Elijah 79;5

eliminate 18:8, 22,24; 19:4, 8;77;10Eloquently 44:5

else 13:7;78;5, 11;79:12

employed 5:1

employee 5:8; 6:1; 54:13employment 17:15Enders 78:8engineer 9:8, 20; 11:10;48;16Engineering 7;19, 24;8;2 7; 10;12; 25;2 , 5, 23;26:19; 27;4, 9, 10; 33;7;58:16; 61:6; 62:12; 67;25engineers 9:6; 22:14, 19;25:2, 3; 27:21 , 25; 31;25,25; 48:4; 66:14; 68:1

enough 13;10;41:21entail 35:2

environment 19;16equipped 69:19

errors 76: 15

Especially 33:23

essentially 17:24

evaluated 56;23

even 21 :18; 38;25event 71:18;87:14

everyone s 61:16Evidence 17:5, 6; 51;20

evidencing 85:25

exact 8:20

exactly 6;13; 54:7; 55:7;75;7EXAMINATION 4;21

example 35:9; 39;1;45:12; 46;2; 47:2; 61:8;63;15; 69:16

except 44;2

Excuse 27:21exemplified 65:23

Exhibit 74:8; 76:14, 15;89:20Exhibits 74:4

existing 62:21

experience 12:13; 45:2expert 35:9

expertise 9:7, 8 23;10:7experts 34;25; 57;10

explain 45:9

Explorers 61:18

exposed 61;16expressing 12:22

extent 33;3; 38:7, 11;42:16, 23, 24;46;18;57;25; 58:2, 10; 59;25;64;24; 69;22; 70:19extract 43:16

extracted 41:18

! fact 59;21; 64:9; 70:16;

172:8i fair 20:1;41:21; 53:1;i 59:10! fairly 27:16;76:24: faIl76;17;80;12i falls 18:16; 53:11

i familiar 7:5; 34:2; 40;13;

i 45;6i far 15;11;21;3;36;18;I 37;13;81;24I features 23:15, 15

I federal 5:18, 19; 12;20;I 13:6; 22:23; 50:25; 66:4! 10; 67;3, 18; 68:14

i feel 89;1

i fell 80:15i few 73;23; 76:24I field 8:25; 11:17; 12:9;! 13;1, 24; 15:20; 23:6;1 33:11;36:5;41:7;43:7;/46;5;49:2:56:16;57:12;: 58:14

! fields 40:13, 18;41;14i 17

23;42:10i file 36;15I filed 26:2; 35;24; 37:18;I 50;24; 51 :19, 21; 62:11;i 71;21;72:13, 14, 22;! 75:2 10; 77;2! files 37;12;38:24;39:1116;44:14;50;3,i find 38;11; 42:12; 81:18I finesse 84:4

. .

! InIS es 89:7

i Firestone 61;10,

I first 4;5; 20:20; 28;24;j 32:6; 50:4;71:17;74:8;! 81:18;82:2I five 21:23;77;11! flag 29:11! Flores 4:20; 88:18

i focus 10:16; 14:23;: 17:12,

! follow 40:11i follows 4:6i Ford 61:10I form 7;11; 13;9; 14;1, 17;i 18;21; 19;12; 20;3; 23;10! 16; 24:5, 19, 21; 28;22;! 29;14; 30;21; 31:17;

i 33:17;34;7;41;19;43:20;! 46:16;49:5;62;6;63:9;! 66:11; 67;5, 16; 68;16 , 23;i 69;13; 81;10; 82;3, 14, 21;! 85;10! formal 14;17; 36:10;

! 37:2;50;23, 24;51:23

I format 39;20I forward 25;14I found 66;18i frame 23;2; 55;17; 75:20

I frames 55:15

i frankly 12:23; free 38:16i frequent 35;6I frequently 14:4: 34:16

I front 79;9i front-seat 79:10! frontal 37;25; 49:4; 50:1

i 6; 56:11 19; 57:2 , 22:

i 64:22;65:13;69:10;I 70:18; 73;1; 74:12; 75:18;176:1 7;80;2 5;81:15.

115;82:5, 16;83;14;84:20;i 85:23; 87:20i frontal-type 80:8

i full 4:23I function 55;13i funneled 51:7

i future 22:15; 62:3

i gain 39:15;86:18i gather 13:23; 35:22; 47:7

i gathered 23:23, 25; 38:3;I 46:21; 47:8; 48:10; 74:9;i 86:25

i gathering 23:5, 19;

I 45:22; 46:10; 62:1, 9;i 70:10,i gathers 27:12;34:20

i gave 53:2; 69:16

i General 5:14 , 16 25;6:3,i 25;7:17, 23;12:12 14;! 18:17;52:5, 12,

i Generally 6:20, 22;! 19:18; 36:24; 50:16; 58:13i generate 34:16

l generated 37:11! gentleman 89:15i gets 15:9; 25:4; 27:3

! given 76:13

I Gluckman 5:12i Gluckman s 5:13

! goes 15:10;37:16

I GOLD4:1 13, 13, 22;6:8:I 7:16; 11:21 , 24; 12:6;I 13:12; 14:7; 15:6, 13, 14,I 24 25; 18;22; 19:22;! 20;10: 21;2, 5, 11: 23:3;i 24:11; 26:21: 27;8; 29:5,I 22; 30:19, 22, 24; 32:5, 20121;33:5, 20, 22;34;2 11;i 35;14, 21; 36;8; 41;10i 14, 21; 42:9, 19; 43;8! 24; 44;5, 16; 46;23; 47:14i 17, 22;48:8;49:10:! 53:3, 8; 55:4; 56:2

I 57;11; 58:6, 18 23, 25;i 59:2 7; 60:3, 17, 25;i 61:7;62:8;63:11;65;7;! 66:1 24; 67:6 20;

I 68:19;69:4;70:1 10;! 71:12 14; 73:12! 19;74:3, 7;81:16;82:22;

HOUSTON REPORTING SERVICE Min- ScriptIID (3) defending - GOLD


RACHEL LOZA.l'IJO vDAIMLERCHRYSLER AG, ET AL

84:3, 13;85:1 17;88:4 15; 89:4,

Goldenthal 55:20

Goldenthal's 55:22

gonna 59:23; 73:22 , 22

government 5:20; 12:21;13:6; 22:24; 28:2; 66:1015;67:4, 19;68:14governmental 68:3,

group 19:23;34:12

groups 34:20

guess 19:17; 88:2Guy 56:4

H-a-r-t-m-a-n 77:18k-e 54:20

H-u-r-s-t 77:5handling 6:23; 7:8; 32:8hands-on 9:20; 10:11;22:21Hang 33:22, 22

hard 21:16; 28:3; 39:16hard-file 37:21harm 24:15harness 49:8

harnesses 65:20, 24;69:15Hartman 77:18Hayes 4:17; 54:18, 21;85:8 12; 88:22; 89:7,

hazy 55:14

head 8:14 , 21; 28:6;52:21; 53:4, 15, 23; 54:2

25; 55:12headed 52:17heading 46:15, 17heard 17:18; 19:3; 40:19;45:8; 61:12hearing 14:11

HElL 4:19, 19; 88:18help 16:20

Here s 16:1 15, 15;25:20;44:16;61:17,hereto 89:20

hesitating 16:1

hired 5:5

hold 44:17

honest 21:16

hour 32:17

Hurst 77:5

hypothetically 30:18

identified 19:25; 20:7;

22:8; 35:3; 38:6; 62:5;74:22; 76:14identify 14:25; 15:18;

Goldenthal - look (4)

16:8 13; 18:4;20:22;21 :14; 22:4; 23:8; 24:2 17;25:17; 28:18; 29:9, 17, 25;33:9; 34:20; 36:9; 38:2;43:12; 62:2; 63:5; 68:1,4;69:2;74:8Identifying 18:1;41:25

impact 19:10;80:8

implemented 22:4implicating 31:20

in-house 5:9; 6:7, 8inappropriate 19:20

incident 7:9; 70:24;

71:15, 16;72:9;74:24;83:4incidents 7:8; 34:3, 6;37:22; 38:3; 42:11; 70:16;74:9, 20; 81:25; 82:13,

included 38:8, 12; 77:4;78:7; 80:5including 38:14

increased 69:11

independent 68:3

indicate 79:14

indicates 79:8

individual 8:3; 9:10;10:6; 13:19; 14:6 20;19:17, 23; 34:24;41:3;52:18; 53:2; 55:17; 56:10;57:18; 70:17; 72:24;74:11; 79:25; 81:1; 82:214,individuals 6:18; 9:6;14:9; 16:8; 18:16; 24:3;31:8;40:1;44:2;49:24;65:4; 72:12infinite 41:16informal 37:2; 50:23;51:24information 7:19; 12:25;13:23; 23:14 19, 23, 24;24:6 20; 25:4 , 14; 26:11,24; 27:3, 10, 19; 28:25;29:3, 19; 31:11 16, 23;36:4 15, 21; 37:2 , 9,

21; 38:11, 13,22; 39:1 , 7 19, 19, 24;40:5, 13, 17, 18;41:24;42:16;43:5, 15;44:1012, 13;45:20 23;46:18,21; 47:3, 7; 48:4,22; 49:1 , 23; 50:2, 18;51 :4 5; 56:8; 57:9; 60:1;61:2 4; 62:9, 12, 21;64:10; 69:22; 72:2 , 4; 73:4,7; 83:12, 22; 86:2, 6, 9, 25;87:2,informed 61:9; 69:7injured 8:4; 13:20; 14:9;

33:15; 37:24; 41:4; 43:14;46:7; 56:10; 57:19; 74:11;77:7;79:8injuries 39:14;41:6;

46:19; 47:9; 48:11; 49:225; 50:7; 51:2; 57:2;

58:14; 61:22 23; 64:20;65:5, 11, 21:69:12;70:18;72:25; 75:17. 25; 76:5:80:1; 82:19; 83:5. 13:84:19; 85:22; 86:18; 87:3,

injury 12:10; 13:3; 24:15;

31:10; 36:13; 37:7; 51:9,13, 22; 56:18; 80:25

input 40:22

inputs 12:17

inputted 40:17

inputting 40:21

inquiries 28:1

inquiry 84:13

insofar 81:14

instance 26:17; 29:5;31:6; 37:22; 40:21; 51:11;57:13; 60:4; 81:9; 83:25

instances 82:8, 9: 83:3

instead 61:18

Instruct 42:4

instructing 58:9

instruction 42:22; 84:22;

85:15insufficient 63:21

intended 15:21; 51:15intends 88:23

interact 7:18

interaction 5:19; 22:24

interacts 27:9

interested 25:10

interface 7:18

internal 52:4; 61 :23

interpreting 46:10

intervention 88:23; 89: 1

into 12:17; 14:4; 15:9, 12;

18:9; 23:15; 29:21; 32:12;40:18; 55:8; 57:16, 17;61:14; 63:1, 2; 64:7; 80:1215,

invades 60:15

investigating 12:9

investigation 61:13

involve 71:23; 81:15

involved 9:19; 26:25;38:3; 49:4; 56:11 , 19;57:22; 64:21; 73:1; 74:10,12;75:18;76:1, 7;77:22;79:6; 80:2; 82:5, 16; 84:20;85:18, 23; 87:20involvement 10:12

involves 34:14; 78:8

involving 34:17; 36:6;42:11; 56:17; 58:20; 65:4;

77:19;79:1;87:19issue 25:4; 28:16; 84:4;87:15issues 15: 12; 22:23;27:25; 35:1; 48:7; 68:2 , 4

Min- ScriptIID

J 4:19; 8:17, 23; 52:18JA 9:23; 10:5, 13;20:17; 21:1; 28:19, 25January 71:8, 11

Jim 17:3

job 24:23; 56:1

joined 11:12; 21:7

judge 87:14

judicial 88:23,

jurisdictions 81:20

jury 4:24

Keith 9:11

Kenneth 5:12kept 37:13;83:12

kind 19:2

kits 69:16knowledge 21 :9; 23:22;27:7; 33:19; 36:18; 48:22;50:17;65:18;86:24knowledgeable 10:9:22:9; 23:1known 38:7knows 22:10

i-s-t-o-n 77:21lag 62:18lap 47:9; 48:5; 49:9;

61:20; 65:6; 69:19; 71:24;75:25;81:17;82:15;83:16 17;84:19:85:22lap-only 33:16; 37:24;

38:5; 39:13; 43:15; 47:12;48: 12, 15; 49:3, 25; 50:68; 51:3, 22; 56:10, 18;57:1 21; 60:13; 64:20;65:12; 68:12, 20; 69:8 10;70:18; 72:25; 74:11;75:17;76:6; 80:1; 82:4;83:14; 86:19; 87:4,last 10:20; 14:3

late 37:18later 88:21

launch 62:19

launched 66:17

law 16:22, 25; 17:9;44:21; 84:24lawsuit 14:5; 16:14;

23:16; 24:23; 25:10; 26:1,13; 34:25; 35:1, 25;

36:4, 16; 37:10; 63:19;64:11; 71:17; 72:13, 14,17, 21; 75:10; 76:15; 87:2

lawsuits 7:13; 12:15;

24:21; 25:15; 27:20; 32:9;34:16; 36:24; 37:17; 38:6,

10; 39:6; 44:11; 62:10;72:8 22; 74:24; 75:21;76:8 13;77:1;86:3lawyer 29:19;81:21

lawyers 25:24; 60:1lay 67:24lead 66:6, 10; 67:3learns 27:11

least 9:19; 19:9; 55:1;

57:8;70:19;71:10leave 15:16

leeway 22:10; 75:5left 54:10Legal 14:4 , 13, 16, 17;15:10; 16:7 , 16; 21:822; 23:16 18, 24; 24:6,

21; 25:16, 20; 26:5, 1123; 27:6, 8, 11, 18, 18;28:5, 5; 29:2 8, 10, 17, 23,25; 30:4 , 7, 9, 11; 31:7, 10,15, 24; 32:7, 15; 36:3;38:23, 24, 25; 39:8 12,23; 41 :22 23; 42:2; 43:2;46:21; 47:8; 49:19; 50:3, 5,19; 51:4, 25; 52:256:12; 58:3, 11; 61:3, 4;62:10. 15; 64:3. 25; 69:21;83:21, 24:84:17;86:20. 22; 87:12,letter 14:5, 18;36:11 17;37:3; 51:1

letters 12:22; 13:6; 16:9;

24:12; 25:15; 31:8; 33:12;35:22; 48:11; 49:2; 50:11,11; 59:9,level 54:7

liability 6:18, 21; 8:9, 12;9:6; 12:15limiting 20:25line 6:10 11, 14; 29:23;30:4; 32:24lines 32:1

list 38:8, 10; 39:6;42:10;71:1 9; 73:3; 74:9;76:12, 17, 24; 77:3, 17;78:7, 18; 79:18listing 75:16Liston 77:21

lists 7:13; 34:16; 37:10;44:11Litigation 5:15;6:3,

25; 8:9; 25:7, 21; 26:9;27:5, 19; 34:4 , 9, 18;35:12; 48:6; 57:8; 58:19:62:18, 22;63:17;65:4;67:21; 81:19; 82:9;86:17little 15:11; 16:19; 22:10;54:12; 67:23; 76:20locate 37:20

located 44:13

location 87:6

long 10:23, 24; 17:17;37:16; 44:20; 53:24 25;62:7; 70:14; 73:9longer 44:21

look 35:4 10; 52:8; 71:1



LOUANN VAN DER W"IELEMarch 5, 2002

4; 72:1

looked 81:1, 3looking 35:2; 45:17; 50:9,

looks 71:21

lose 84:25

losses 76:2

lot 41:20lots 13:14

LOUANN 4:4,Lozano 4:14;7:14;81:9;82:2

M-o-s-h-e-r 78:25maintain 36:8

maintaining 87:11

makes 67:10making 27:1; 28:1; 42:22;43:22;86:11, 19;87:21manage 18:7, 19; 20:9;26:5managed 31:15; 62:5;63:8management 17:19, 22;18:3, 23, 25; 19:7;28:4;31:13manages 25:21; 27:18managing 17:24 24;18:1; 19:5; 20:10; 28:5manner 20:8manners 12:18manual 13:16manufacture 77:25

manufactured 66:9;77:22manufacturer 33:8

many 6:5; 9:18; 11:3;12:18; 38:3, 10; 56:16;66:16 17; 67:25; 72:2222; 74:18, 19: 75:14 , IS.23; 76:4; 80:21March 4:8; 71:22; 73:1113; 74:21, 21; 75:20, 22,22; 76:3, 3, 9; 77:2. , 13,13, 15, 16;79:23,marked 74:3; 75:2materials 64:6

Matt 28:7; 53:3, 16, 23;54:1,matter 81:2

may 15:10;19:19;28:2;31 :24; 35:2 9; 36:14 15;37:8 9; 40:6 , 7; 44:2; 45:4;49:24; 50:17; 51:17 17;55:25; 62:3, 21; 63:7; 65:1;66:18: 68:1 , 4; 75:1, 10;80:23; 83:20; 86:10, 10;87:7maybe 16:20; 53:25;54:20; 55:7; 73:17Mcllhaney 17:3mean 13:13; 16:2, 11;

19:17; 20:11; 29:16; 33:6:34:10; 42:4; 44:3; 57:15;58:24; 59:1; 66:14; 67:7,17, 25: 68:24; 72:4; 84:23;85:5meanings 81:19means 47:4; 61:1; 79:22meant 45:23measured 19:25meet 64:5; 68:5; 71:7memory 22:17: 24:10mention 13:11

mentioned 14:3merely 47:19; 60:10merger 45:1merits 56:24

met 64:9

method 62:9, 11; 63:3Michael 8:15, 17 , 18 23;52:18mid-90' s 55:5,might 7:9: 29:11; 31:19;35:24; 50:22, 22; 51:16;71:6:75:10minimal 21:10

minimize 20:13

minivans 65:10

minor71:24minute 32:19

minutes 73:18,mission 32:8

mistaken 55:11

misunderstanding10:23Mitsubishi 77:23: 78:1;79:1modeI41:1moment 11 :21; 14:24;16:19;44:17;45:13, 15;56:8monitor 11:17

more 6:14; 7:3; 18:9;23:12; 32:2; 37:7; 40:4;55:5: 81:24; 85:9Mosher 78:25Most 14:4; 27:20: 34:10;46:3motoring 24:18

much 89:15must 56:19

myriad 13:17

name 4:15, 19, 23;41:3;52:5, 18; 53:2; 55:9; 72:13,18,nature 34:12; 50:2

near-frontal 82:5, 16necessarily 46:12;

59:12: 67:2need 18:25; 25:23; 34:23;36:22; 60:1; 66:12; 68:2;

73:2; 74:25; 83:22needed 25:2needs 20:8: 44:3new 21:9news 61:12Newschultz 56:4next 45:12

NHTSA 5:20; 66:5non-confidential 39:20

notations 38:12

note 71:6 , 20

notice 7:4 , 8; 8:3; 15:4;22:8; 28:23; 33:2; 37:23:50:4; 57:5; 60:24; 74:20;75:10. 23; 76:4notifies 80:22notifying 8:1

November 71:18number 6:12; 29:9; 31:7;41:17; 56:22;78:15numbers 76:13numerous 40:18

Brien 5:23; 52:11

Brien s 5:24

Object 7:11; 13:9; 14:1;15:4; 18:21; 19:12; 20:3;22:7; 24:5, 19; 29:14;30:20; 34:7; 41:19; 42:15;43:20; 58:3; 59:23; 60:16,24; 62:6; 63:9; 64:23;66:11; 67:5, 16; 68:16, 23;69:13;81:10:82:21objecting 58:8

Objection 15:4; 23:10;28:22 22; 31:17 17; 33:117; 36:7; 42:3, 22; 46:16;47:13; 48:2; 49:5; 57:4;83:19;84:21;85:9,oblique 80:5

obtained 24:6; 37:5;48:4;49:15, 23;50:5; 70:11, 25; 85:21obviously 23:15:72:11;

85:7occasions 27:24

occupant 72:7; 77:7,occupants 79:9

occur 83:9

occurred 7:10; 82:19;83:8, 13; 84:19occurring 24:8

off 11:22 25; 12:2; 35:15,17; 70:3, 5; 73:25; 74:2;75:9;76:9;89:17offer 65:24office 5:16; 7:17 23;12:14. 20; 13:5; 25:6; 52:5,14; 53:5; 56:3; 58:17; 64:4;65:1,offices 12:19

officially 69:1

often 27:20; 34:10

on-job 10:16

once 11:15, 15; 19:24;62:23; 63:1one 4:13; 7:2; 10:6; 11:14;12:7. 10; 18:3: 37:7; 38:4;46:5; 49:6, 19; 56:2; 59:15;63:20; 69:2; 70:20; 71:14;72:5; 74:23, 24; 77: 10;

80:11;81:23only 11:13; 12:12;38:23,

24; 39:4; 42:21; 47:10;64:23; 65:6; 66:14, 15;67:3; 84:23; 86:16; 87:6

onto 31:11

open 32:1, 14;82:9,opposed 51:10;80:9;84:6order 43: 17; 71 :25; 73:2;81:17ordinary 51:8; 85:24;86:7organization 52:8; 87:11organs 61:23

originally 38:12others 42: 18; 43:2;57:10: 78:11otherwise 32:16; 65:1OTT4:3, 15, 15;6:7;7:11;11:22;13:9:14:1;15:3,22; 18:21; 19:12; 20:3, 5,25; 21:3, 6; 22:7; 23:10;24:5, 19; 26:19; 28:22;29:14; 30:17, 20, 23;31:17; 32:17; 33:1 17, 21;34:1 7; 36:7; 41:8 19;42:3, 15, 21; 43:1 20;44:1; 46:16; 47:13,25; 49:5; 53:1, 7; 55:225; 57:4, 25; 58:8, 22, 24;59:1, 23; 60:14 , 23;62:6; 63:9, 12; 64:23;66:11; 67:5, 7, 16; 68:16,23; 69:13; 71:5; 73:11, 13,15;81:10;82:21;83:19;84:8. 21; 85:2, 11, 14;88:1, 20; 89:2 , 6, 9. 12,

out 42:12; 49:12; 59:7;

62:16; 72:8; 74:24; 76:19,24; 88:16

outboard 65:25

outside 5:6; 6:17; 27:6;39:8 10; 41:22 , 24; 68:22;83:21;86:17outward-seating 69:17

over 8:24; 48:7; 53:20;61:19; 65:20oversee 6:23

overseeing 58:19

overseen 70:20

own 56:23owner s 13:16

P-r-o-n 78:20m70:4 8;74:1,6;89:18

page 71:17

paralysis 82:3, 15

parameters 70:19; 76:18Pardon 11:21part 5:6; 32:7; 35: 12;64:1,particular 5:20; 9:8; 15:1;24:23; 25:4. 12. 18;29:13: 30:2 . 3, 4; 32:23;34:21; 35:1 5; 39:22; 40:2;42:1; 44:8; 45:1; 46:20;47:11; 60:5, 12; 72:5; 87:8

particularly 13:1; 23:6;26:17; 33:13; 34:13;43:15; 87:9parties 4:18

parts 63:20

pass 31:11

passenger 20:24; 21:15;27:13; 36:13;37:7. 24;

38:4; 39:15;49:16; 50:6;56:17; 65:10; 79:10passengers 26:16;27:14; 28:20; 31:15;32:25; 37:7; 43:13; 46: 13;

47:12;48:14; 49:3; 57:1;63:6; 64:20; 65:12; 83:14patience 80:18

patient 56:7; 85:9

pattern 25:18; 26:15;

27:12; 29:12; 30:1 14;31:10; 32:9; 34:21; 42:13;43:13, 18; 56:21; 62:2;80:24patterns 15:1 19; 42:1

Paul 4:13

pause 35:14;70:1;73:20paying 13:10

people 6:5; 12:21; 13:13;26:25; 33:14; 40:2 , 6; 46:7,13, 19; 47:9; 54:12; 61:20;67:24 25; 79:9; 83:21

per 71:6

performance 12:25

performing 15:21; 58:5performs 11:18

perhaps 58:5

period 22:13;75:9:

80:12 16,permanently 61 :24,person 40:21; 54:4;55:15; 69:10; 71:25; 79:8

persona/24:15; 27:7;33:19; 46:19; 47:9; 48:21;49:2; 51 :22; 56:17; 75:24:76:5; 86:18; 87:3personally 38:9, 18;

HOUSTON REPORTING SERVICE Min- ScriptIID (5) looked - personally



58:19; 59:15personnel 6:9; 17:15perspective 61:8

pertains 23: petition 14:17;36:10;

50:24petitions 25:15; 31:8;

33:12; 35:22; 48:11; 49:1;59:8, 17phrased 84:9

physical 36:15; 37:9, 12;44:14; 51:13place 8:6; 15:17; 21:13;22:3; 23:5; 24:16; 25:13;26:11; 28:18; 46:4 , 9;61 :25; 62:3; 63:4; 86:16

placed 11:15; 40:25plaintiff' s 35:23; 37:22;38:17;70:12 15;72:18plaintiffs 35:7; 44:9plant 66:18platform 20:17; 22:18

19; 27:24; 31:25; 48:4;61:6platforms 22:20;48:17

play 83:4

plead 26:2

please 4:11, 23; 64:7Plymouth 28:20, 25; 79:3point 25:12; 48:5; 49:6;

56:2; 81:23police 38:9; 39:2 , 5;40:10; 76:23; 79:14policy 49:11, 15;84:14;

86:12posed 20:23; 21:15; 22:5;23:9; 24:3, 18; 25:18; 26:6

16; 28:20poses 26:2; 32:24posing 27:14

position 31:9;33:16;

38:4 14; 51:12; 55:8, 18;61:21; 64:21; 65:13, 25;68:13, 21; 69:9, 11; 83:17;84:16; 85:19; 88:25positions 38:7 , 14; 49:816;65:22;69:17;87:5potential 15:18; 27:12;

30:1; 43:17; 46:12; 48:13;63:5; 64:19potentially 15:12;31:18;

65:10practice 7:2

praise 12:23

preceded 54:1; 55:15precise 6:1; 28:9prediction 88:22

prepared 71:9

present 71:8, 9presented 22:12; 57:5presently 53:16

President 5:14 25;28:14; 52:11 , 12 22; 53:8

perSOfl1lel- right (6)

20; 54:6

presidents 52:10

pretty 40:5

primarily 11:4

primary 9:3principal 10:16

prior 11:11

privilege 29:15; 31:2;

34:24; 47:15: 64:23; 84:624; 85:7

privileged 29:21; 31:18;

32:12; 42:3, 8; 47:13;59:25; 63:14, 16; 83:19;84:21;85:14probably 6:15; 18:9;46:2; 51:7; 85:5; 86:21problem 16:12; 64:17;65:8; 68:20; 69:4, 8Problems 66:18; 68:2procedure 25:12; 26:10;28:17;29:7;63:3procedures 15:17;21:10 12; 22:2; 23:4;24:16process 8:6; 20:21; 35:3;45:21; 60:14 18; 63:16;66:19; 67:1; 68:3; 83:16;84:15;85:18processes 18:16; 21:10;28:4produced 7:6, 12, 14;44:15; 64:16Product 5:15, 17; 6:3, 18,20, 25; 8:7, 8 14, 21,24; 9:2 , 6, 22; 10:14 21,

25; 11:4 12;12:15; 15:5; 25:1; 27:2021; 31:24; 36:7; 46:14;52:19; 58:4 , 10, 19; 59:24;60:15;62:3,product-liability 34:9production 34:18; 41:1products 23:20

professor 17:6

program 19:16; 25:13;26:10; 28:18; 29:8;49:7;63:4programs 18:6, 15; 19:9,14; 21:13; 22:3; 23:5;24:16properly 62:5; 63:4 , 7

proprietary 38:22; 39:2

prosecuting 6:17

protected 84:6

protecting 63:6

protocol 29:7

provide 39:19, 23; 87:23;88:6,provided 26:13; 43:10;72:5; 86:5provider 61:3

providing 44:11;49:8;

61:2public 24:18

publically 56:25

purposes 31:13;41:2425; 63:6; 81:18; 87:13, 14,

put 44:5; 70:23; 76:9;

80:19putting 25:8: 26:9

qualify 74:25

quite 12:23

i-n 8:17Rachel 4:14; 81:9; 82:2raise 29:11

read 61:12;65:17;66:12

real 30:22; 33:24real-world 45:2

really 8:6; 31:22; 55:14;

63:10rear 13:21; 38:13; 51:12;

64:21; 65:25; 68:13; 69:9;

77:9; 80:9,rear-center 31:9; 38:4;61:21;68:21;87:5rear-outboard 49:7;51:12rear-outward 49:16

rear-restraint 10: 13;20:17, 23; 21:14; 22:5;23:7, 25; 24:2; 26:18;27:13; 28:19; 30:3; 33:13;36:12 23; 37:6; 57:14;60:13; 64:18; 65:9rear-seat 48:5

reason 19:7

reasonably 29:10;81:8

reasons 13:17

recall 43:5; 66:6. 25;67:4, 15;68:15, 18;69:1receive 12:25; 29:3; 56:9;60:1; 61:20; 62:15; 75:16,23; 76:4

received 14:16; 15:19;24:12; 25:16; 31:7; 33:11;36:11, 17; 37:23; 51:6;56:16 19; 74:19; 75:17;79:25; 81:2receives 7:20; 8:3; 16:9;26:12 13; 42:2; 46:5;80:21receiving 12:9; 46:7recognition 65:19

recollection 11:6;45:5;

50:13; 55:17reconstruction 35:10

record 4:10, 12, 17;11:22. 25; 12:2, 5; 35:15,17, 20;36:14;70:4,73:25; 74:2, 6; 85:13;

Min- Scrip1;(ID

89:17records 87:12

red 29:11

reduce 18:7; 19:10, 10;20:1reduced 78: reduces 79: reducing 65:21

refine 13:18; 39:22; 40:2refining 14:7

reflect 4:17regard 7:4 , 19; 9:23;13:19; 15:1, 19; 18:2;20:14 20; 23:7 , 23; 24:11;25:9, 18; 26:17; 27:13;29:12; 30:1, 10; 34:21;36:20;40:17;42:1, 13;43:13; 59:10; 61:9; 62:3;68:12;80:24;82:13;83:13;84:15regarding 7:13, 20;11:17; 15:20; 23:25; 27:1;

31:8; 37..:10; 33:12; 36:12;37:5; 39:12; 46:5; 47:8;56:9, 16; 61:9; 84:18;85:21; 87:3,

regardless 51:6

register 45:24

regular 7:22

Regulation 5:15, regulatory 55:10

reinforce 32:14

relate 70:12related 66:5

relating 9:4; 22:23; 37: 17

relationship .17:16reliability 83:10reliable 45:23remain 82:9

remember 17:6;44:22remembering 21:17reorganization 54:4. 11repeat 65:14

rephrase 8:25; 12:7;29:6; 31:3; 39:9; 70:13. 13;75:14; 83:11report 6:18, 22; 40:10;

43:16; 54:12; 72:1;76:23;79:14reported 53:6

reporter 54:19;65:16,

17; 66:13reporting 5:10 22; 6:5;28:11; 53:18reports 8:25; 11:17; 12:9;13:24; 14:15; 38:10; 39:25; 42:11; 58:13represent 24:24

representative 7:7; 44:6representatives 7:3

representing 4:14 , 1820; 25:6request 35:23; 36:2;37:22; 38:17; 39:18;

43:22; 44:9; 70: 15; 85:25;86:1, 11, 13, 20; 87:17requested 40:22; 41:22;64:14; 73:7; 85:20; 86:6requesting 60:17, requests 34:15; 43:4 , 9requirements 66:5, 16:68:4 5;81:20reserve 88:15, 19.reserving 89:4 , 5

respect 24:8; 25:22;29:19;79:7respond 24:23; 27:5;34:24; 35:23; 36:2; 38:17;44:8;48:19; 50:9; 58:12;73:2responded 44:10

responding 46: 11;64:24; 70:15response 10:19; 14:4;34:15; 37:8; 43:10; 48:25;66:15;68:17responsibilities 54:8

responsibility 5:11 22;6:6; 8:24; 9:3, 5; 28:11;53:18responsible 25:3, 3;58:18responsive 37:21

rest 88:15restart 11: 14

restraint 9:4 , 9, 17, 20,25; 10:3, 10; 13:21; 14:10;15:20; 22:14 19; 24:4,25:19;27:15;28:21;33:15; 36:6; 43:14; 46:6, 8;48:5; 57:24; 68:12; 79:1116;87:4restraints 23: 14; 78:9result 13:21; 14:10;

65:11; 76:6; 82:15,resulted 12:10; 13:3;37:6; 39:14; 44:14; 46:20;51:13resulting 47:9; 48:12;

49:3; 82:3; 86:18; 87:3results 64:19

resume 88:20retained 35:1, 9

retains 6:16

retrofit 49:7 16; 65:24;69:16reveal 64:25; 83:25

reveals 84:11

review 37:12; 39:7 11;73:3; 76:22; 77:7reviewed 38:17, 18, 22;39:4.reviewing 44:12.Reynold' s 28:8Reynolds 28:7; 53:3,23; 54:1right 6:13. 24; 10:24;

12:6 24; 13:13; 15:22;17:18; 21:2, 5, 25; 32:6;



LOUANN VA.N" DER WIELEMarch 5, 2002

34:1; 35:13; 37:19; 40:11;41:10; 45:6; 46:23; 47:17;51:13, 18; 52:20, 20; 53:47; 54:16; 56:2 7; 58:8;59:14;61:15;62:17 20;63:18; 64:6; 66:24; 67:11,17, 20, 22;74:7;75:3,77:6. 14; 78:5, 15;79:19;80:7, 17;84:3;85:16;87:25;88:10, 24;89:6, 12risk 17:18 24; 18:1

13, 19, 25,25;19:4 15,24; 20:1 , 7 , 8; 24:3, 18;25:18 21; 26:3, 6, 9, 16;27:14, 18; 28:3, 5, 20;31:12 13, 14; 32:24;46:12;47:11;48:13; 57:2;62:4, 4; 69:11risks 19:6; 20: 13, 13, 23;21:15; 22:5; 23:9; 25:24;63:5,road 62:16

Robert 4:19; 55:19, Robertson 28:12; 52:23,24; 53:19Robinson 52:22

Robinson s 28:13

role 10: 17; 29:2;83:4rolling 61:19root 45:7

Rosen 9:12Rosendahl 9:11; 10:9,11, 14,Rosendahl' s 9:16rough 75:6

routed 51:24, 24; 56:12rule 28:1

Rules 4:2run 15:12

safe 13:2; 27:4

safety 12:20; 13:5; 22:22;

23:2 , 15; 25:5; 27:4; 28:26; 31:25: 47:2; 48:3, 16;49:12, 14;52:17 21;53:5, 14. 15. 24; 54:25; 55:1 20, 23; 56:3, 5;

58:17; 61:5; 62:12; 64:4,13, 14; 65:1 , 3, 18; 66:2,5;68:7, 11, 19;69:6 14,

23, 24; 84:14;85:17;87:16safety-related 69:2

same 4:18: 34:14 17, 17:54:7saw 55:9saying 26:1; 29:7; 68:11;74:25School 16:25; 44:19, 21,

scope 15:4; 22:8: 28:23;33:1; 57:4; 60:23; 71:7

search 39:22; 40:2;72:23; 73:4; 76:15; 80:4;81:13seat 9:9; 16:12; 38:14;64:1; 69:8; 77:8, 9, 19;78:23; 79:9; 82:23seat-belt 24:9seated 38:4

seating 38:7 14; 49:8;65:21seats 63:20; 78:9

second 11:23; 18:6secured 77:9

security 45:18

seeing 30:12;34:10

seek 88:23

seeking 42:16

seemed 81:7seems 22:17sees 59:16

segregate 83:8

selecting 7:2

sending 50:25

Senior 5:25; 28:14;52:10 10, 11, 21; 53:6, 819,sense 12:13;81:13;83:2sent 51:4

September 45:15; 73:5;74:14serious 65:11

served 8:11; 36:16;50:10;71:8;75:4service 75:1

set 8:8; 45:2setting 69:1

seven 74:22;77:1several 73:23

severe 61 :22; 72:24severity 65:21

shared 25:5

sheet 72:2

shortly 11:8

shoulder 49:8, 17; 65:2024;69:15;83:17;84:15;85:19;87:22show 22:16side 80:9

similar 7:9; 29:10; 31:9;

34:3, 6; 35:7, 24; 70:16;81:8, 12,similarities 81:14

similarity 33:10Similarly 79:5sit 47:5, 22; 87:24sitting 33:15situation 61:10; 68:18,

25; 70:17situations 86:19

six 74:22; 77:1,

small 77:8

Smith 79:5, 5someone 12:11; 13:4;


39:8; 43:6; 50:25; 51:11,21;69:24;75:17. 24;76:5Sometimes 13:14 15;72:4somewhat 75:6sorry 20:4; 52:21; 88:8sort 13:3; 18: 17; 73:3source 26:24

sources 13:4 22; 14:3;

40:10;49:19speak 50:16

speaking 30:17

special 9:23

specific 24:10; 28:24;

32:13; 37:15; 42:5, 6, 25;43:4, 6; 45:5; 49:22;53:10 21; 56:22; 58:1;61:13; 74:14; 81:21;82:24; 83:24; 84:2specifically 23:12;

36:23; 48:18; 50:20;53:20; 60:4specifications 64:9

specifics 24:7; 32:4

specified 7:4; 80:22

specs 64:6

speculate 21:19;83:2

spell 54:18

spinal 49:25; 50:7; 51:2;

61:22 23; 64:19; 65:11;69:12spine 57:3; 61 :24staff6:9;8:7 14;9:3.22; 11:12; 58:16standard 5:18

standards 5:18; 22:24;68:22standpoint 18:19; 34:4;47:3; 57:9;81:12start 63:1

started 10:15; 11:5,

state 4:11 , 23; 16:25;50:24; 81:22; 85:13stated 54:11

statement 68:6

Stealth 79:7

Steve 4:15

stored 50:5; 87:1, 7Stratus 83:18; 84:1-7;85:20; 87:22stream 11:16

strength 63:21; 64:10

strictly 30:17strike 80:10structure 5:7; 7:16; 8:1;14:24: 16:3; 19:23;20:15;26:10structures 12:8

studies 44:25

study 45:1

style 72:17

sub 10:3

subcategory 10:3

Min- ScriptIID

subject 28:1; 67:13;68:14submarining 82:20, 22;83:3.subsequent 17:11substance 84:7

substantive 87:23; 88:6

substantively 84:22;

85:4Sue 54:5, 10, 14. 15. 23;55:16sufficient 29:9

suggested 31:19

supplied 78:10

supported 51:20

suppose 15:9; 22:9supposed 83:1Sure 13:25; 16:2; 26:4;30:19; 33:23. 24; 39:25;41:2 13. 15; 45:25; 59:19;60:20;63:11;71:17sustain 49:24; 50:7

sustained 41:6; 51:2 , 21;56:17; 65:5; 72:24; 75:24;80:1; 82:14; 85:22 , 22

sustaining31:9; 57:2;61:22;70:17sworn 4:5system 7:17 , 22;8:10;10:13; 13:21; 14:10; 15:9;

16:3; 19:24; 20:23; 25:12,19; 26:18; 27:13; 28:17,19; 29:7, 13; 30:2 , 3;32:23; 34:14; 37:6 17;46:4, 9; 57:13, 14, 24;59:9, 17; 60:5, 13;61:25; 63:4; 64:18; 65:9;66:8; 67:14; 68:12; 86:2systematic 87:11

systematically 87:7

systems 9:4 9, 17,25; 10:3, 10; 15:7, 15, 17,

21; 18:7, 15; 20:17; 21:13,14;22:3, 5;23:424:1 18;27:15; 28:21; 32:25;33:13, 15; 36:6 23;43:14; 45:18: 46:6; 48:5;87:4

talk 20:16 16; 22:12;32:3; 33:25; 40:12; 50:21talked 26:20

talking 19:15, 18; 33:3;

36:22; 40:6; 57:15; 79:21Tape 70:7tapes 70:2

teams 22:18

technical 8:12; 25:22. 24;32:16; 33:3, 5; 47:3; 81:11telephone 12:21; 13:11,

ten 6:15;73:17term 13:1; 17:18 21;18:10; 28:3; 34:3, 5,45:8; 66:3, 3; 68:9, 10;69:4,terms 13:1; 25:25; 27:17;33:14; 34:13; 42:12;46:11; 55:9; 57:12;66:4;67:18;68:18testified 4:6

testify 7:3, 13: 58:4

testimony 57:10

testing 68:5

Texas 81:21; 84:24theoretically 41:9;44:3

theory 71:10

Therefore 83:24

thinking 9:19; 55:5; 66:4;68:17though 38:25

thought 44:17; 55:9three 48:5

three-point 79:11, 15threshold 80:20

timely 62:4; 63:4, 7times 63:12;73:23

Tire/Explorer 61:10

tires 61:19title 5:13, 14, 24; 6:1;8:18, 21; 28:8 13;53:10, 22:55:12,titles 54:6

today 7:6; 25:11; 47:5together 44:14

told 88:16took 76:11

topic 22:9; 57:6; 84:2, 10

topics 7:4

total 12:13

totaled 76:19totally 68:3touched 80:19

Trade 45:16

treats 56:20

tree 52:8

trend 25:18; 26:15;

27:12; 29:12; 30:1. 13;32:9; 34:21; 42:13; 43:1218; 56:21; 62:2; 80:24trends 15:1 , 18. 18;42:1trial 88:19troublesome 85:6

try 11:14; 30:25; 31:21;

44:16trying 17:23; 26:21; 46:1

TV 61:12two 18:2;44:14;72:8 11;74:8,type 12:22; 14:2; 15:2;

19:15, 15, 24;25:12;28:17;34:14. 17;40:23;41:6: 48:25; 51:5, 16 23;52:1; 58:15; 65:8; 80:6;

(7) risk - type



81:15;86:8types 13:23; 14:12 , IS;43:'5:44:10typically 14:13, 16;

34:25; 51:24; 52:1; 56:12;62:15

ultimate 19:1,

under 8:23; 18:16; 22:18;84:23understands 85:8

understood 69:23

undertaken 47:20; 48:9undertakes 58:7, 10unit 26:14University 16:25

up 8:8; 16:18; 25:11; 45:2upon 19:14; 34:12; 36:16;49:15; 62:10; 76:13, 22;77:7; 86:10use 19:14 , 19; 28:4, 20;45:10; 47:2; 66:3, 3; 68:9,10;81:12used 29:3; 45:8; 46:2;64:6; 67:18, 21 , 24users 62:3

uses 60:11

using 24:4; 27:14 17;28:3; 67:12; 79:1 5

utilize 34:5, 8; 59:20utilized 24:1, 7; 32:22utilizing 28:21; 32:25;

36:1; 46:14; 79:11

validity 51:19value 65:20; 69:15

VAN 4:4, 25; 74:3; 78:9variety 12:18;49:18

various 9:20, 21; 25:14;41:23;43:18vehicle 8:4 , 5; 9:25; 10:2

10; 11:15, 18; 12:23;13:16, 22; 14:10;24:13, 18; 25:22; 27:1;29:13; 30:2, 3; 32:24;34:17; 37:25; 39:14 , 22;40:4 , S. 22 , 25; 46:20;51:3; 56:11 18; 57:22;58:15;59:10; 62:19;66:17; 67:13; 68:14 , 21;73:1; 74:12; 75:18, 25;76:6; 77:22, 24; 78:2; 79:1.

6; 80:2; 82:4,vehicles 9:21, 24; 10:13;11:11; 12:10, 17; 13:1,3; 20:17, 24; 21:15; 22:6

, IS, 15, 20; 23:614; 24:1 , 3; 26:16, 24;27:14; 29:18; 30:4; 31:9;32:24; 33:8, 13; 36:13;37:6; 38:5; 42:11; 43:14;

46:6;47:10;48:13, 14;49:4 17; 58:14; 61:21;62:16; 63:7; 64:19, 21;65:10; 68:13; 69:3, 9, 19;84:20; 85:23; 87:5,venture 29:21; 63:14via 12:20, 21; 14:5Vice 5:14 25; 28:14;52:10 21;53:819; 54:5

VIDEOGRAPHER 4:7;11:25; 12:4; 35:15, 19;70:3, 7; 73:25; 74:5; 89:17videotape 4:7

vigorously 84:24

vis-a-vis 27:5

voracity 51:19

warranty 51:10

way 18:19; 19:1 , 5; 24:14;33:11; 36:10; 37:16;48:10; 51:15; 70:24;76:12; 84:12Wayne 16:25wearing 38:5; 47:9, 12;48:14; 49:3, 25; 50:6, 8;51:2; 57:1 21;61:20;64:20; 65:12; 69:10; 80:1;83:14weren t 64:6whenever 8:2; 75:2whereby 19:24; 29:25;62:1who s 43:22whole 10:1, 7; 23:13whose 9:8wide 12:18

WIELE 4:4 25; 74:4William 5:23; 52:11willing 84:4

wish 65:15

within 22:20; 29:8; 42:18;

53:11; 76:18without31:2, 20; 32:12;45:12; 50:13witness 4:5, 17; 20:4, 6;22:9, 11; 31:19; 42:24;57:5word 19:14; 45:9; 81:12words 19:19; 40:16;50:23; 53:14, 14; 57:17;67:6; 88:1work 6:21; 8:11; 15:5;22:23; 27:22; 36:7; 45:10;51:15; 58:4 9; 59:24;60:15work-product 15:12;29:15working 11:11; 22:1419; 51:12, 15; 60:10, 11World 45:16, 17worn 82:4

write 12:22

writing 86:12 13, ISwritten 86:8

all72:5year 17:1;41:1

years 9:19, 19; 10:20;11:1 3; 21:23; 53:25;65:20; 69:15

zone 12:19

; -

types - zone (8) HOUSTON REPORTING SERVICEMin- U-Script(B)

louann van der wiele - safetyresearch.net

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