Free Appendix - District Court of Delaware - Delaware

Case1:O4-cv-01538-SLR Doéument 95-2 Fi|éd.10/06/2005 Page10f3

Case 1:04-cv-01538-SLR Document 95-2 Filed 10/06/2005 Page 2 of 3
v_ r-•§··•£w · . -74 ~··‘·‘ M j·e,·_·•· ri {__. . - __ , *· 'f'i'*’1'*°` T I . ·¤ •v •··
ua it o, _lA.wil;:i¢Cj`u t, ‘·.—.-ui lv rl.e.l`··i dr ASbOCi.a’Zi EEE
2.5 E?.L`$`l`l.E'l'ON Putt:
.‘st—.·ii.t.r, PA 19055
5·,.,R;gc,t K.i·‘i·5,,4, (215) 590-9001 Nw janstv Orsict
SETI-l L. ,I.·\!M·\i50>i“ i_1%|·i99$l FAX (IE5} 59643368 I Penningtcn·\>Z·'as|·ilngton
r»1ici—i.u:i. r. vm can *vEi:N·· A (800) LAW-1917 §*°*ii¤G "°=:;J$g*g*;=L¤ _ 6
I .1: 5 . I __ H erin ngton. .·—·~320
or csoiiwtztzi. X IE Tm l“"'“@""‘l“"° ‘°'“ (assi was-can
M,c,_,m N` D_,‘,_,Dr,.., licorice: http://wv/w.ml + ivitmber PA. Nj. NY il: War .. D.C. Bm ' , rl l' ,-
. N, , , . 110 Wmi Street. Zlst riour
i err1bt:r|r\.l‘·J¤¤rs N Y k NY, mom
·— Meme tu. NJ at ti. not _ ,§“’ 4°’ · 4
"‘ Member FA. NI R NY Bars (A 2) 96'5 OG
in Tfllll Ad\'\ICilCy F- •·
June I f' QOOD :<,-ws a:.¤issocir.rts. PA';.
Jayne A. Risk, Esquire 215-606-33528
Piper Rudnick, Gray Cary -
One Liberty Place
io50 Market Street, Suite -4900
Philadelphia, Pennsylvania 19103-7300 _
Pie: I-Ieicii Vascek, Individually and as Aclministratrix of tire Estate
g¤_t;_John Yggoglc, Jr. v. gutted Parcel Servi;s_a,_;;gj,_;y¢,a··;·k Begg
I Dear Ms. Risk,
As you requested in our telephone conversation earlier today, please find the
· following to be confirmation of our conversation. - .
Although you had agreed to allow us to conduct an inspection and
investigation ofthe package van at the UPS facility and then at the scene of the
accident on Monday, June 20. 2005, you have now requested that these inspections
be rescheduled because UPS cannot get the package van into a “road worthy"
condition by the agreed upon date. This change is understood by me because. in all
fairness, my requests were made to you on relatively short notice.
We have agreed to reschedule our inspection and investigation to a date
mutually convenient. You have asked, and the following is, my description of the
protocol and requirements attendant to our inspection. First, I want to raise the
UPS truck from the ground at the UPS facility so that I may inspect the tires for
wear, tear, and road marks. Second, at the accident scene, 1 want to inspect the
package van for noise levels and sight lines. As I am sure you are aware, there are
federal regulations mandating that truck motors not operate too loudly. I want to .
verify that the UPS van is in compliance. Therefore, when you replace the hood. I
ask that it be a replacement hood of the same spe-ciiications. and when you {Tix the
electrical wire that you not replace the engine or alter the engines noise in any
LI/E0 35JVd S3.L'¤7ID055v (INV QNX BBEBQEESIZI 05 ¤ZI SBQZ/50/BI

. Case 1:04-cv-01538-SLR Document 95-2 Filed 10/06/2005 Page 3 of 3
tile. Ltielt · M
Juno 17, 12005
Page -2- -
manner. 1 am going to have an inclividuetl sit in the package ven so that I can
uncleretancl what Mr. Elem semsecl as he approached this ...t:cident.
I have cheeked with m;4· experts eizct their dates of availability are June 23rd,
July 5th and July Sth. ln that, we httve depositions on June '2L3rti, l would suggest
July Sth or July Sm, whichever is most convenient for UPS.
Finally, you have agreed to withdraw your Motion for Protective Order which
was apparently iiled on June 2, 20oe. I thank you for witltdrawing this Motion in
light of the fact that I have never received. service of this Motion and in light of the
_ fact that service of this Motion wats only eflecttuted on my local counsel in
Wilmington, Delaware earlier this week.
I hope you have an enjoyable weeltertd and lo<.>l·: forwzud to meeting you next
week at the depositions.
_/‘
V6FY ffnllyagtotire,
mw
. Michael T, vert cler Vt-zen
M'I`V:nb
cc: Richard R. Wier, Jr., Esquire
William Ct-tttie, Esquire `
(by fax) .
it/vo Bevel SELVIDUSSV (INV S.Lv>| BBEBSEESIZI as =zt SBQZ/50/BI