Free Trial Brief - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Palma Baca Urrutia; Patricia
Urrutia-Baca; Luis Javier Urrutia-
Baca; Elizabeth Urrutia-Baca; Javier CV-03-1990 PHX PGR
Arturo Urrutia-Arrieta; and Gloria
Estela Sandate,
Plaintiffs, AFFIDAVIT OF
vs. CECIL H. LANE, JR.
Darrell Lee Ekdahl and Jane Doe
Ekdahl, husband and wife; George
Vanden Bossche and Karolyn
Vanden Bossche, husband and
wife; and Vandy’s Transportation,
Inc., a California corporation,
Defendants.
CECIL H. LANE, JR., after first being duly sworn, deposes and says:
1. My true and correct name is Cecil H. Lane, Jr., and I am an employee of
The SALT Institute (SALT), located at 5251 North 16"‘ Street, Suite 200,
Phoenix, Arizona 85016-3236, telephone (602) 841-2222. SALT is a motor
carrier transportation consulting firm representing numerous types of motor
carriers throughout the United States.
2. I personally have been involved in the investigation of motor carrier
accidents and related matters over the past 30 years, both for the Arizona
Department of Public Safety and as a privately retained consultant. I have
qualified many times as an expert witness in both federal and state court
Case 2:03-cvg01990—PGR Document T56-2 Filed 06/05/2006 Page 1 of 3

cases involving motor carrier industry standards, operating procedures and
organization, motor carrier safety regulations and related subjects to
vehicular accidents involving motor carriers and their drivers. (Exhibit 1,
Résumé)
3. l have testified many times concerning motor carriers’ compliance
and/or non-compliance with all parts of both federal and state(s) motor
carrier safety and hazardous materials regulations.
4. I have been retained by plaintiffs attorney in this case and have
reviewed the police accident investigation report relative to the collision in
question, depositions of Darrell Lee Ekdahl, Ralph Bailey, Glenn-Dennis
Benner and Bryan Clark and multiple documents in this case relative to the
Federal Motor Carrier Safety Regulation requirements.
5. That on February 7, 2005, this case was received from Mr. Augustine
Jimenez and assigned to Charles D. Roush, Jr. who reviewed the evidence
received and presented his findings to me.
That prior to signing the preliminary case report dated ApriI15, 2005 and the
supplemental case report dated June 29, 2005, l independently reviewed
the case materials received, the research information, the applicable
FMCSRs and the information contained in the reports.
Case 2:03-cv—01990—PGR Document TQ6-2 Filed 06/05/2006 Page 2 of 3

That after reviewing all the information, l then concurred with the opinions
and conclusions set forth in both reports and testitied to that fact in my
deposition taken on August 24, 2005.
That the duplication of work was not billed against this case in an effort to
reduce costs.
FURTHER AFFIANT SAYETH NAUGHT.
Q (' Z E g
Cecil H. Lane
State of Arizona )
)
County of Maricopa )
st
SUBSCRIBED AND SWORN to me this [ day of
lil Vg , 2006, by Cecil H. Lane, Jr.
My Commission Expires: ~
,,,, , , - · E
_, , Notary Publi
X; `;___,;, i h T V
i ·’Ef?%5W?· “°°° i
Case 2:03-cv—01990—PGR Document $56-2 Filed 06/05/2006 Page 3 of 3

Case 2:03-cv-01990-PGR

Document 156-2

Filed 06/05/2006

Page 1 of 3

Case 2:03-cv-01990-PGR

Document 156-2

Filed 06/05/2006

Page 2 of 3

Case 2:03-cv-01990-PGR

Document 156-2

Filed 06/05/2006

Page 3 of 3