Free Appendix - District Court of Delaware - Delaware

Case 1:04-cv-01538-SLR Doéument 95-3 niiiied 10/06/2005 Page1 0f3
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· Case 1:04—cv—01533-SLR Document 95-3 Filed 10/06/2005 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
l HEIDI VASCEK, individually and as :
Admlnistratrix of the ESTATE OF :
JOHN VASCLEK, JR., :
Plaintiffs, :
: CLA. N0. 0-4-1538
vs. 2
UNITED PARCEL SERVICE, INC. and `
MARK BARD, ‘ :
Defendants. ‘ :
PLA1N'I`IFF’S REQUEST FOR INSPECTION AND TESTING
OF THE SUBJECT UP§ YAN PURSUANT Q]fQ EULE 34
Pursuant to Rule 34 ofthe Federal Rules of Civil Procedure, Plaintiff requests that
Defendant UPS produce the subject package van Por inspection and testing as per the
following protocol: V
‘. 1. The UPS van will be at the accident scene. Montchanin and Twaddel Mill
Roads, and audio and visual recording devices will be used.
2. During the course of the test, a device recording sound levels will be
placed in tl-te UPS van by Plaintiffs expert engineer.
3. The Vascek motorcycle will travel on Morttchanin Road towards the
accident scene at various speeds and at various gears and the sound level from the UPS
vari will be recorded. These tests will be repeated at various positions on the roadway.
4. One video camera will be placed at the appropriate eye level of Defendant
driver, Mark Bard, and record the line of sight from the driver’s seat of the UPS van
towards the oncoming motorcycle.
S. A second video camera will be placed on the motorcycle.
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_ V Case 1:04-cv-01538-SLR Document 95-3 Filed 10/06/2005 Page 3 of 3
6. A third video uantern will be placed on the roadway in the center of
. Montchanin Road pointing in the direction from which the motorcycle approaches.
` 7. Before the UPS van is driven to the accident scene, Plaintiffs expert
engineers will do e. sound test ofthe UPS vim at the UPS Newark, Delaware facility, and
inspect the vtm’s tires and under carriage. _
8. l There will be no destructive testing ofthe van.
The above inspection will be conducted at a mutually convenient time, but no
later than ten (I0) days before the discovcryldcadlinc, October 5, 2005 with an
[appropriate back up date due to inclement weather.
Dated: 8/24/05 -
p T Michael T. van der Veen
· Counsel for Plaintiff
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