Free Proposed Voir Dire - District Court of Arizona - Arizona

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STRUCKMEYER & WILSON 910 E. Osborn Rd. Phoenix, AZ 85014 PHONE: (602) 248-9222 FAX: (602) 263-0464 Garvey M. Biggers, 9932 [email protected] S. Lee White, 17551 [email protected] Attorneys for Defendants Darrell Lee Ekdahl; Jane Doe Ekdahl; George Vanden Bossche; Karolyn Vanden Bossche; and Vandy's Transportation, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) Plaintiffs, ) ) vs. ) ) 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. ) ____________________________________) Palma Baca Urrutia; Patricia Urrutia-Baca; Luis Javier Urrutia-Baca; Elizabeth UrrutiaBaca; Javier Arturo Urrutia-Arrieta; and Gloria Estela Sandate, NO. CV-03-1990-PHX-PGR DEFENDANTS' PROPOSED VOIR DIRE QUESTIONS

(Assigned to the Honorable Paul G. Rosenblatt)

Defendants, by and through counsel undersigned, hereby submit their proposed voir dire questions as follows: 1. Have any of you or your family members had an automobile accident out of which caused you to make a claim for injuries you or your family member incurred?

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Have you or a family member been injured as the result of any other type of accident which resulted in you or your family member making a claim for injuries? Have any of you or your family member or friends been employed with a commercial trucking company of any kind? Have any of you ever been a party to a lawsuit? Do any of you have a bumper sticker on any vehicle you drive? If so, how many bumper stickers and what do they say? Have any of you or your family members ever been employed where driving is part of the regular job duties and responsibilities associated with your employment? Has anyone of you NOT traveled Interstate 10 between Phoenix and Tucson? Have any of you NOT traveled Interstate 10 between Phoenix and Tucson while driving during night time hours? Have any of you traveled on Interstate 10 between Phoenix and Tucson in the past three years? If so, how often do you travel on this Interstate roadway between Phoenix and Tucson? Do any of you have a "feeling" one way or the other about 18 wheel commercial vehicles that you have encountered on the freeway, good or bad? If so, please explain. Do any of you or your friends or family members have experience with the Federal Motor Carrier Safety Regulations Handbook? Do you have any friends or family members who currently reside in Mexico and commute from the United States to Mexico or Mexico to the United States from time to time? Do any of you consider yourself or a family member fluent in Spanish?

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Has anyone traveled from Arizona to anywhere in Chihuahua, Mexico by motor vehicle? Does anyone believe that because a lawsuit has been filed that makes the claim alleged more likely true than not true? Does anyone believe that a lawsuit or trial in a Federal Court makes the case more important? Does anyone believe that because a lawsuit or trial is in a Federal Court this makes the claims more likely true than not true? Does anyone believe that if there is more than one person making a claim (here 6 individuals making separate claims) that the number of claimants in a case makes the case more likely true than not true? Does anyone have an opinion that drivers of any type of motor vehicles need to stop and take a break from driving after a set number of hours? If so, after how many hours of driving, in your opinion, should a driver take a break? If the law does not mandate such a rule, is that still your opinion? Does anyone believe or have an opinion that commercial truck drivers should take a break from driving after a minimum number of hours? If so, do you have any opinion without knowing what the law requires as to how many hours is a maximum amount that a driver of a commercial vehicle should drive? Does anybody belong to, or have a family member that belongs to any environmental organization that promotes a clean environment? Does anyone subscribe to a monthly publication of any kind, other than the daily newspaper? If so, what publications do you subscribe to on a regular basis? Is there anyone here who is familiar with or claims to have knowledge about computer programming?

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Does anyone have any special training beyond high school in the subject of mathematics? Does anyone have experience with Bills of Lading? Does anyone have experience with Commercial Driver's Logs? Does anyone have experience with Manifests or shipping documents from current or past work experience? Has anyone ever been employed where one of your job duties is to dispatch employees for delivery routes? Does anyone have a commercial Driver's License a.k.a. "CDL?" Is there anyone here who holds an opinion that any time an accident involving a rear end collision occurs, that it is automatically caused by the person who make contact with the vehicle that was rear ended without regard to the circumstances? Is there anyone here who does not believe that they are capable of setting aside their sympathy and decide the case based upon the facts alone, where two individuals died as a result of a vehicular collision? Does anyone have specialized knowledge on the subject of medicine? Does anyone have specialized knowledge on sleep cycles or studies? Does anyone have specialized knowledge on circadian rhythms? Is there anyone here who has specialized knowledge in accident reconstruction? Has anyone here ever been employed with a lawyer's office? If so, which one? Has anyone here, a close friend or family member ever been employed in the field of law enforcement?

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Has anyone here not driven a motor vehicle on a road trip that took more than one day to complete? Has anyone ever had to pull off onto a shoulder on an Interstate Highway while driving or riding as a passenger in a motor vehicle? Has anyone while driving encountered a vehicle that was entering an Interstate Highway from the shoulder of the roadway as opposed to using an on-ramp to enter the freeway? Has anyone ever encountered or experienced a situation where a pedestrian steps into your path of travel while you where driving on a roadway at or near the speed limit? Have any of you traveled from Phoenix to Juarez, Mexico using Interstate 10 or any other route? Has anyone ever traveled from the Phoenix area to the Los Angeles area or the Los Angeles to the Phoenix area using Interstate 10 at any time? Has anybody done this activity in the past three years?

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RESPECTFULLY SUBMITTED this 6th day of March, 2006. STRUCKMEYER AND WILSON

s/Garvey M. Biggers____________________ Garvey M. Biggers S. Lee White Attorneys for Defendants Darrell Lee Ekdahl; Jane Doe Ekdahl; George Vanden Bossche; Karolyn Vanden Bossche; and Vandy's Transportation, Inc.

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ORIGINAL of the foregoing PROPOSED VOIR DIRE QUESTIONS electronically submitted using the CM/ECF System for filing and transmittal of a Notice of Filing to the following CM/ECF registrants: Augustine B. Jimenez III AUGUSTINE B. JIMENEZ III, P.C. 3200 N. Central Ave., Suite 2550 Phoenix, AZ 85012 (Attorney for Plaintiffs) COPY (paper) of the foregoing mailed/hand-delivered (*) this 6th day of March, 2006w to: (*) The Honorable Paul G. Rosenblatt UNITED STATES DISTRICT COURT Sandra Day O'Connor US Courthouse 401 W. Washington St. Phoenix, AZ 85003

s/Garvey M. Biggers______________

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