Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 1 of 42

IN THE: UNITED STATES DI : TFi :"' . .~J?.1' FOR THE NORTHERN DISTF :CT OF GEORGIA

ORIGINAL
fll .EDINCi .EftK'SOFFIOE
U.S.'? !'. klante

FT ATLANTA DIVISION

KATHRYN A . SWINDLE, Individuaiiy, ) As Surviving Spouse, and as PEB30PlAL) REPRESENTATIVE of the ESTATE of EDWARD R . SWINDLE, j Plaintiffs, j ) ) )

AUG 0 5 203
LUTfi--N

ti f

Q ~l/ C51~rk

VS .

Civil Action File No .

EPPS AIR SERVICE, INC . ; BOMBARDIER AEROSPACE CORPORATION ; and BOMBARDIER INC . Defendants .

1 :03-CV-2356

NOTICE OE REMOVAL TO : Andrew N7 . ;cherrfius, Esc . Scherfrius, Baiiard, Still s Ag es LLF 1267 Feachtree St ., NE Atlanta,
Suite 1013

Georgia for

30361

Attorney and

Plaintiff

Epps Air Service, 1 Aviation Way Chamblee, Georgia PLEASE Corporation
above-styled

Inc . 30?41 Defendants. In,- .
of

TAF;E: aid

NOT=E

that

Remb,rdier here'oy
.7uCiE9 U,

Rei- ;n-ice r~
tflip

Bo mbar0ei .
tLl° :1 0i1

a1- 2
c1iJGUC

rain :-cin ;~
-f]() ; i

action,

Consent To US Ma6. Pretrial 111SIrl7CkQ7~ Title VI(hIC

M (: 1

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 2 of 42

Superior

Couct

of

DeKalb

County,

Georgia

(Civil ~ on?

Acrinn et

No .

03cv6793-9) , This
d iSGT1CL

to this Court pursuant to 28 may
OT

U . 5 .C . it is

14x1 in

_-,ar . the

action
CC) UrLS

be

~_r,o-aed
:)~iitB :J

becau=:e

which

r.F ;e

Jt7teS

h :3!le

CT'1Calfldl

~,UL15l :Ctl~_i-1

under
action

the

provisions
the

of

_c

'~ . :S . C .
in 

1s_,

it
?Y.,.-_2g :J5 the o''_lil:

wherein

m .3Y_ :.~Y

cO!'ItIOb't .ISSr

value

of

$75, 000 .00, citizens of

exciusve different or

of

interest_ and of

and

,_ : sts,

and of

is a

between state

states

between a

citizens

and

citizens Defendant incorporated inc . the the is laws Sr.ate a

sub iects

foreign Corporation

~t. ate . is a

Specifically, corporation Bombardier, pursuant citizen removal (L), (3) is to of

Bombardier in t!:e

P.ercspace of

State

Delaware . created is a and

DeE"ndant existing and aid

foreigi: of of

corporation

Canada . Florida .

Plaintiff

reside ;'t diversity § of or

Accordingly, to 22 U .S .C .

jurisdiction as this is

eists a

pursuant

13321a1(1), different sut~ieccs Mates are

matter of a

between state

cit r ons ciri :iens of

states, of and a

between state,

citizens and is or

and

foreign in which

uecweAn

citi~iens of a

different

citizens

subjects

foreign

state

additional parties .

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 3 of 42

The first further action .

instant

Notice that

Is

being

filed

within be

3n

day-

of and of

rhc is the:

ascertainment being

this than

matter

may

removed,

filed less

one

year after ccrrunencemenr

Consequently, all process and

pursuant

to

28

U .S .C . _iE:ori

§

1996(b), in

conies _h=

of

pleadinas

serve,',

Defendants

-`ar .-

court action are attached hereto . WHEREFORE, Bombardier, Inc . Defendants request B,mbar,--Iier this action proceed in this Couct_

that:

as an action properly removed to it . This (X 4~ day of August, ?003 . Respectfully submitted,
SMITH, GAMBRELL & RU : SELL

David M . growG~ ;er :j ia t!ar ale . (?FFq7 Matthew W . -larke Georgia Bar ~J0 . 1~~n?r, ALtarneys for DeT2^.~1ar,t

BomLaLdier .-_sf-_ Corporation and Bombardier, IIIC .

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 4 of 42

Suite 3100, pro" eriad~~] 11 1230 Peaehtree Street, hd . F' . '03013- 3%92 A-ianta, Georgia X904) 81J-3500

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 5 of 42
State Court
~4=1~ourt

Civil Action No.

~~C~G,L?7 ~ ~

S"ERIFFS COST PAID
Er4~E-

Date Filed - U 1 330 / 03

Georgia, Dekalb County

Attorneys Address ~CIV'Li.IJ

-1-( . Plaintiff

S'che~'{~wo , bci .Lla/'Q, S(-ill Q~ 0~~5 .

~ O.--t ca..ti~-a .
1~~pp-s A

~ Zo I ~cut~Yrc,~c- -) Sd-c t019

Name and Address of Party to be InC , tVI V4.~_ I ~ ~qeeVte'_ Served

G~-1

3.03 ~e l

J

r .~ ~ CVV -lle) 1 Y)r .-~-~~-Uefendent

vs .

-k3cyl-t I Aytaih&/~

Garnishee

MARSHAUSHERIFF'S ENTRY OF SERVICE
z

1 have this day served the defendant of the within action and summons .

personally with a copy

H

a copy of the action and summons at his mosl notorious place of abode in this County . O Delivered same into hands of -

I have this day served the defendant

by leaving
described as follows

0 0 z

age, about defendant

years: weight, about --pounds ; height, about

feet and

inches, domiciled at the residence of

a Xjb in 0
0
U

yeived he delendant .av ving a copy of them4th;;~~clron and summons with
in this County .

a Corporation

in charge of the office and place of doing business of said

d a x
U
F

I have this day served the above styled affidavit and summons on the defendants) by posting a copy of the same to the door of she

premises designated in said affidavit . and on the same day of such posting by depositing a true copy of same in the United States

Mail, First Class in an envelope properly addressed to the defendant(s) at the address shown in said summons . with adequate postage affixed thereon containing notice to the defendant(sl to answer said summons at the place qaled in the summons .

N W

t-

O

Diligehyse2ljeh made and defendant
~ U

E

L6

0
Z

nod-tabe fo;~d in~e jurisdicaGon of this Court . _ r-' cCl)
LLI

~

n

~

C.:.

...

This_-r
W C

~
~

>-'"L-- day of

ZCfI_i
_ ~ fl~Pl ITVC .` . '

SHERIFF DOCKET

PAGE

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 6 of 42 Gncl Ortg ultra

Civil Action Na . _.~5~_ _[1 -2 j ~-Z--v Date Filed

Superior Court State Court

Z~' ~fi9, t0

County,

day

Georgia, Dekalb County

f-A.r),1m,)) M . sct-x.~~F~e,~
Scherffww , ii,
12-01

Attorney's Address

.t-La-,L_t6- , 0

t-'col0A`trW, ~f,

S-ttll `~ a ~' r2S
Stc I~(`6

-l

4-A

3o3

~orv~hGt~"drG2 . J4robpo~c~ CarpOY'ct :tEm

Name and Address of Party to be Served

--

SeYVice
COST

vs .

. .

. .

Plaintiff

nc----Defendant

C/S~'Cr2-n}" CT~pYfXYU~1p~1 S~/StQ'~-

,i1.~?, ; ;,~

a~ Cc_~fu~C~4

-~-qO i _---------MARSHAL/SHERIFFS ENTRY OF SERVICE

Garnishee
L~ I L personally with a copy

J 4

0 a w n

I have this day served the defendant of the within action and summons . I have this day served the defendant a copy of the action and summons at his most notorious place of abode in this County .

-- by leaving

0 s 0
F

~, Delivered same into hands of __________described as follows age, about - yearst weight, about - pounds ; height, about - feet and ____ inches, domiciled al the residence of defendant .
Served the defendant .C~ O ~7i97^ El'' L!EI~S ~~fL ~ ~_~_~ ~O/" ~ ~ lll~~~~ , 4444<E a Corporation

0 z

°o 0 U

1 L~~/C( by leaving a copy of the v+ithin action and summons with C . / ` in charge of the office and place of doing business of said Corporation m this County .

E a
`w c z

I have this day served the above styled affidavit and summons nn the detendanl(s) by posting a copy of the same to the door of the premises designated in said affidavit, and on the same day of such potting by depositing a true copy I same anal United Slates Mail, First Class in an envelope properly addressed to the delendant(s) at the address shown in said -ron,s . will-poptage affixed thereon containing nonce to the defendant(s) to answer said summons at the place stated in e~~jmmLIjs,
Diligent searGi made and defendant _____ l nat to be fend in the jurisdiction of this Court.

rni5 _-

_°`?-3
day of v

"'
N yr DEPUTY

w

'-

SHERIFF DOCKET CSC-2 ae~.es

PAGE

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 7 of 42

THE SUPERIOR COURT OF DEKALR COUNTY STATE OF GEORGIA
KATHRYN A . SWINGLE, Individually, as Surviving Spouse, and as Personal Representative of the Estate of Edward R. Swingle Plaintiffs, v. EPPS AIR SERVICE, INC . ; BOMBARDIER AEROSPACE CORPORATION ; and BOMBARDIER, INC . Defendants. ORD ER TO APPOINT SPECIAL PROCESS SERVICE TO SER VE A CORPORATION IN A FOREIGN COUNTRY * Civil Action File No. :

oacvc2sg-9

IT IS HEREBY ORDERED, that APS International, Ltd. is appointed
Special Process Service for the purpose of serving process on the defendant BOMBARDIER, INC., in Canada by delivering a copy of the summons and of the complaint to an officer, a managing or general aeon[, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant . SO ORDERED this f-dav of 20~1 .
r

Presiding Judge " a DeKaIb Superior Court-'

~~' ma
cry /~

,il)I ~r F~~F-[i I p 1, ahL_I~ ~w t ~ ~ it

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 8 of 42

STATE OF GEORGIA COUNTY OF FULTON

AFFIDAVIT

Personally appeared before me, the undersigned officer, duly authorized to administer oaths, came Tamara McDowell Ayres, who, after first being duly s«~orn, states as follows : 1. l, Tamara McDowell Ayres, being over 18 years of age, am duly licensed to practice law in the state of Georgia .

1 am attorney of record in the action of Kathryn A . S'wurgle, India idturllY as
Surviving Spouse, and ns Personal Representative of tine E.cta1e of Ediiurd K.

$v+ing(e v. Epps Air Service, Inc., Bombardier Aerospace Corporation and Bombardier, Inc. Civil ActionNo . p3CUL75& ~ Superior
County .

Court

of

DeKalb

3.
Based upon information from the Internet search engines, I believe that

Defendant Bombardier, Inc. currently resides in Canada .
4. The present civil action was tiled an June 30, 2003 .

:; To ensure dint due diligence is exercised in perfecting valid personal sen ice of the Summons and Complaint upon Defendant Bombardier, Inc ..

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 9 of 42

Plaintiff wishes to retain APS International, Ltd. to serve process upon Defendant Bombardier, Inc . G. I believe that APS International, Ltd . will effectuate service upon
Bombardier, Inc . in a timely manner, as prescribed by Georgia law, if so

authorized by this Court . This 30'~-'Lday of June, 2003 .

L Tamara McDowell Ayrc~~

S wom to and subscribed before me
this 3°~"` day of -''003 .

Notary Public

~~' P4Z4~
ply

PbIACW P. WMwt
doff ExpYp ,laiwsy 12, 2007

tiiy commission expires

. Comb

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Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 10 of 42

THE SUPERIOR COURT OF DEICALB COUNTY STATE OF GEORGIA
KATHRYN A . SVJINGLE, Individually, as Surviving Spouse, and as PERSONAL. REPRESENTATIVE of the ESTATE of EDWARD R. SWINGLE Plaintiffs, v. EPPS AIR SERVICE, INC . ; BOMBARDIER AEROSPACE CORPORATION ; and BOMBARDIER, INC. Defendants. PLAINTIFFS' FIRST CONTINUING REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT EPPS AIR SERVICE, INC . Plaintiffs hereby request pursuant to the Georgia Civil Practice Act, O.C .G .A . § 9-11-34, that Defendant EPPS AIR SERVICE, INC . produce for inspection and copying the documents and things described below that are in the possession, custody. and control of Defendant, its employees or subordinates, agents, and attorneys . These requests for production of documents shall be deemed continuing so as to require supplemental responses if the persons or entities to whom these requests are addressed obtains further information between, the time the initial answers are served and the time of teal . r Civil Action File No. :

(fJ~~l/(p 7

?eI7

c~ /

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 11 of 42

2) "Person" means any natural person, corporation, partnership, proprietorship, association, organization, group of persons, or any governmental body or subdivision thereof. 3) "You", or "your" refers to EPPS AIR SERVICE, INC, and all of their operating divisions, subsidiaries and affiliates, both domestic and foreign, as well as any insurance company representative acting on your behalf or as a result of having you as an insured for purposes of this incident . 4) "The incident" means the incident in which EDWARD R. SWINDLE was killed, which incident gives rise to this lawsuit and is more fully described in the Complaint . 5) "The subject aircraft" means that aircraft involved in the occurrence made the basis of this lawsuit, more particularly described as a 1999 Bombardier Challenger CL-600 21316, serial number 5414, while subject aircraft model means the 600 Series Challenger Jet (Bombardier Challenger CL-600) and subject aircraft model run means all model years that the Bombardier Challenger CL-600 has been in production .

REQUESTS 1. Complete employment records of each crew member.

2 . Complete training records (as maintained by you) of each crew member. 3. Any other documents relating to each crew member in your possession of control .

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 12 of 42

4.

All documents that in anyway relate to insurance policies or coverage applicable to the subject incident, including copies of policies, coverages, correspondence, and any payments trade as a result of the subject incident .

5 . All documents Including electronic or computer based) generated by you or received by you as a result of the subject incident but prior to the retaining of counsel . 6. Copies of all emails generated by you or received by you as a result of the subject incident . 7. All statements (whether written or recorded) taken by you of persons interviewed by you or others in connection with the subject incident . 8. All photographs, videotapes, ore lectronically-generated depictions in your custody or control relating to the subject incident. 9. All drawings or other pictorial representations that relate to the subject incident . 10 . All documents resulting from contacts or communications between you and third parties ac a result of the subject incident . 11 . All documents received from any governmental agency (including foreign governments) as a result of the subject incident . 12 . All documents sent by you to any governmental agency (including foreign governments) as a result of the subject incident . 13 Aiy document generated by you or on your behalf, prior to the date of your retaining counsel, which in your opinion evidences a denial of liability or responsibility by you for the crash referenced in Plaintiff's complaint .

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 13 of 42

1d. All documents Including emails) relating to any contacts between you and any flight training facility and involving any of the crew members, either prior to or subsequent to the subject incident . 15 . All documents (including emails) relating to any contacts between you and Bombardier, Inc ., Bombardier Aerospace Corporation . or any subsidiarof either, in any way associated with N90AG. 16 . All documents (including emails) relating to any contacts between you and AGCO, in any way associated with N90AG, 17 . All documents (including emails) relating to any contacts between you and Bombardier, Inc ., Bombardier Aerospace Corporation, or any subsidiary of either, in any way associated with the purchase or utilization of a replacement aircraft for N90AG . 18 . All documents (including emails) relating, to any contacts between you and AGCO in any way associated with the purchase or utilization of a replacement aircraft for N90AG . 19. All documents (including emails) involving or evidencing contact between you and the plaintiff in this lawsuit . 20. All documents in any way related to N90AG. including but riot limited io all maintenance logs, contracts, billing records, time records and/or trip logs, and maintenance orders, "squawk" lists or repair requests .

Case 1:03-cv-02356-WBH Document 1

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This _,- --'`day of K
Respectfully submitted,

, 2003 .

SCHE[ZFFIL75, BALLARD, STILL & AYRPS, LLP

BY :

ANDREW M.SCHERF Georgia Bar No. 629150 TAMARA McDOWF?LL A Georgia Bar No. 029910 JEFFREY R. HARRIS Georgia Bar No. 330315

S

1201 Peac6tree St. 400 Colony Square, Ste . 1013 Atlanta, Georgia 30361 (404)R73-122p

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Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 15 of 42

THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA KATHRYN A. SWINGLE, Individually, as Surviving Spouse, and as PERSONAL REPRESENTATIVE of the ESTATE of EDWARD R. SWINDLE Plaintiffs, Civil Action File No. : EPPS AIR SERVICE, INC . ; BOMBARDIER AEROSPACE CORPORATION ; and BOMBkRDIER, INC Defendants.

03CVG ? 9T 'cJ

MOTION FOR APPOINTMENT OF APS INTERNATIONAL, LTD. TO SERVE PROCESS COMES NOW Plaintiff and tiles this Motion pursuant to O.C .G .A . § 911-4 and move the Court for an Order authorizing APS International, Ltd . in

Canada, to serve a copy of the Complaint and Summons in this case on Defendant Bombardier, Inc., on the grounds that Bombardier, Inc . currently resides in Canada, all as is more fully shown in the Affidavit attached hereto .

Case 1:03-cv-02356-WBH Document 1

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Respectfully submitted,
SCFIF:RFFIUS, SALLARD, STILL & .41'RES, UP

TAMARA McDOWELL Georgia Bar No . 029910 Attorney for Plaintiff 400 Colony Square, Suite 1018 1201 1'eachhee Street, N.E. Atlanta, GA 30361 (404) 873-1220

i

S

A~ n Oy ? -o ti=:~ a`~'

Z ~V .C

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Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 17 of 42

. 5 : " .~ . 4

THE SUPERIOR COURT OP DEKALB COUNTY STATE OF GEORGIA KATHRYN .A. SWINGLE, Individually, as Surviving Spouse, and as PERSONAL REPRESENTATIVE of the ESTATE of EDWARD R . SW[NGLE Plaintiffs,

1Vu3 ~~Jt~ 30 A 3.

13

Civil Action File No. : EPPS AIR SERVICE, INC. ; BOMBARDIER AEROSPACE CORPORATION ; and BOMBARDIER, INC . Defendants . PLAINTIFFS' FIRST CONTINUING INTERROGATORIES TO DEFENDANT EPPS AIR SERVICE, INC . Plaintiffs hereby serve these Interrogatories upon Defendant EPPS AIR

43 C'v~ ~9~ 9

SERVICE, INC . and requests that they be fully answered in writing and under oath within forty-five (45) days of the date of service . These interrogatories are served pursuant to the Georgia Civil Practice Act and more specifically to the provisions of O .C .G .A . y§ 9-II-26 and 9-11-33 . Plaintiffs in the above-styled action serves these interrogatories pursuant to O .CG .A . § 9-11-33 upon Defendant and requests that they be answered [ally in writing and under oath w ithin the time prescribed by law . Each interrogatory is addressed to the knowledge and information of Defendant's attorneys .

1

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 18 of 42

investigators, agents, employees, and other representatives . When a question is directed to Defendant, the question is also directed to the aforementioned persons . Plaintiff requests that Defendant take the time to accumulate all information which is called for by this discovery request, whether it be facts or documents, and to provide all such information in its initial written discovery responses . If the time provided by law to respond to this written discovery does not provide you an adequate opportunity to do so, Plaintiff will extend the time, provided that a request for more time is made well before the time for responding set by law has nn and the extension requested is not excessive . Plaintiff requests that Defendant respond to and supplement these and all future interrogatories with direct and concise responses and answers which can be read to ajury. Plaintiff requests, therefore, drat you not answer interrogatories in this ease by cross-referencing answers and responses given in oilier paragraphs of this same discovery, but rather answer with a full, clear textual response to each question . Plaintiff requests that you set forth in your response the test of the interrogatory propounded as well as your responses or objections to that interrogatory so that it is dear from the four corners of your response what the interrogatory sought and what your answer to drat interrogatory is . This is helpful

to the Court and the parties so that it is not necessary to flip from one document to another to determine what the answer to a particular request is. [f Defendant requests it, Plaintiff will provide these requests on computer disk to facilitate this

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 19 of 42

process . Plaintiff will reciprocate this request if Defendant will provide a copy of its discovery requests on disk . Finally, Plaintiff request that each Defendant respond to these interrogatories individually, separately and completely, and supplement any responses to these interrogatories individually, separately, and completely . In supplementing, Plaintiff requests that you do not send letters to counsel identifying additional documents or information, but that you instead provide discovery responses in the form of a pleading served on all parties .

DEFINITION S
For the purposes of these requests, the following tents should be interpreted as follows : L) "Document" means every writing, printing, record, graphic, photographic or sound reproduction of every type and description -- be it tangible in the form of paper or intangible in die form of electronic communications - dint is in your possession, control, custody and knowledge which refers to or was prepared before, during, and after the incident or search defined below, including but not limited to, correspondence. electronic mail ("e-mail"), memoranda of agreements, assignments, meeting minutes, memoranda, stenographic or handwritten notes, diaries, notebooks, account books, orders, invoices, statements, hills, checks (or check stubs or records), vouchers, purchase orders, reports, studies, surveys, charts, maps, analyses, publications, books, pamphlets, periodicals, catalogues, brochures, schedules, circulars, bulletins, notices, instnuctions, manuals, journals . data sheets, work sheets, statistical compilations,

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 20 of 42

data processing cards, microfilms, computer records Including printouts, floppy or other magnetic storage media), tapes, photographs (positive or negative prints), drawings, films, videotapes, pictures, voice recordings, electronic mail (E-mail) ; every copy of such writing or record when such copy contains any commentary or notation whatsoever that does not appear on the original . Plaintiffs intend for the term "Document" to include any attachments or exhibits to the requested document, or any other documents referred to in the requested document or incorporated by reference . 2) "Person" means any natural person, corporation, partnership, proprietorship, association, organization, group of persons, or any governmental body or subdivision thereof. 3) "You", or "pour" refers to EPPS AIR SERVICE, INC, and all of their operating divisions, subsidiaries and affiliates, both domestic and foreign, as well as any insurance company representative acting on your behalf or as a result of having you as an insured for purposes of this incident . 4) "The incident" means the incident in which EDWARD R. SW[NGLE was killed, which incident gives rise to this lawsuit and is more fully described in the Complaint . 5) *'The subject aircraft" means that aircraft involved in the occurrence made the basis of this lawsuit, more particularly described as a 1999 Bombardier Challenger CL-600 21316, serial number 5414, while subject aircraft model means the 600 Series Challenger Jet (Bombardier Challenger CL-600) and

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 21 of 42

subject aircraft model run means all model years that the Bombardier Challenger CL-600 has been in production . INTERROGATORIES l. List the name, address and phone number of each person known or

believed to have information relevant to the facts set forth in the complaint and answer .

2.

List the name, address and phone number of any witness you will or may

call to provide expert testimony at trial, and as to each such witness, provide the following information : A. B. C. D. E. F. G. H. Full name, address and phone number ; Area of expertise ; Summary of opinions; Factual information reviewed ; Factual information relied upon ; Scientific literature relied upon; Testing relied upon ; and When the person was first retained on this case .

3.

State the specific date you first learned of the subject incident in any way,

how You first came to be aware the subject incident had occurred, who first provided you with and information about the subject incident, and what information you were provided at the same time.

5

Case 1:03-cv-02356-WBH Document 1

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4.

Describe in detail your understanding of the sequence of events that gave

rise to the crash described in the complaint, i.e . what do you contend caused the crash? hiclude in your answer all facts upon which you base this understanding .

5.

If you contend that the members of the crew were a cause or contributing

cause of the incident in this case, answer the following : A. B. C. Provide the factual basis for your contention . What do you contend the crew members did wrong . What do you contend the crew members should have done.

6.

Do you contend that any other person, corporation or other entity caused or

was a contributing cause of die incident in this case? [f so, please identify the person, corporation or other entity and answer the following : A. B. C. case . What is the factual basis for your contention . What act or omission contributed or caused the incident in this case. What do you contend should have done to avoid the incident in this

..

Do you contend the incident resulted from a defect in the product design or

manufacture of the subject aircraft? If so, please identify and describe the defect .

6

Case 1:03-cv-02356-WBH Document 1

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8.

Please describe all measures you have taken to formulate your answer to

the preceding interrogatory . Include in your answer the name, current address, telephone number, and occupation of each person who participated in formulating your answer to the preceding interrogatory.

9.

Since the time of the crash, describe all steps or measures that you have

taken that were intended to determine the cause of the crash . Include in your answer the name, current address, telephone number, and occupation of each person who participated in these measures and include in your answer the function, job or role each individual has played in these measures .

10.

If you are aware of other accidents or incidents (as those terms are defined

by FARS or NTSB regulations for reporting purposes) involving series 600 Challenger jets answer the following : A. E3. C_ When did they occur? What was the serial number for each aircraft? Where did the accident or incident occur?

11 .

Did you publish, author, produce, or otherwise create any documents

intended to educate or advise crew members or operators of the subject model aircraft as to the appropriate procedures to follow in operation of this aircraft'? If so, please identify by tide and describe each document .

Case 1:03-cv-02356-WBH Document 1

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12.

Do you contend that the crew members of the subject aircraft complied

with all procedures, methods, standards, common practices or other safety protocols relating to die icing, de-icing or anti-icing characteristics of the subject aircraft the day of but prior to the crash? In your answer please include the following : A. B. Provide the factual basis for your contention . What procedure, method, standard, practice or other safety protocol relating to the icing, de-icing or anti-icing characteristics of the subject aircraft did the crew members comply with? C. D. State what each crew member did to comply with such procedures . State the name, address, and telephone number of any person known to you who may have witnessed any crew members complying wide such procedures.

13 .

To your knowledge have any Airworlhiness Directives been issued in the

United States or Canada relating to the series 600 Challenger aircraft' In your answer please identify the title, number and purpose of each directive .

14.

State all facts known to you that led to the issuance of each ainvorthiness

directive .

15 .

Do you contend that the problems addressed by Ainvorthiness Directive

"Docket Na 2002-NM-317-AD ; Amendment 39-13125 ; AP 2063-OS-L" in and

8

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 25 of 42

way caused or contributed to the subject crash? In your answer please include tbc factual basis fur this contention as well as the name, current address, telephone number, and occupation of each person who participated in formulating this response .

16 .

Do you contend the problems addressed by any other Airworthiness

Directive in any way caused or contributed to the incident in this case'? In your answer please include the factual basis for this contention as well as the name, current address, telephone number, and occupation of each person who participated in formulating this response . 17 . Other than this lawsuit, to your knowledge has anyone, including

governmental entities or employees, corporations or individuals, alleged, implied or suggested that a defect or problem in the design or manufacture, including flight characteristics, caused or contributed to die incident in this case? If so, please state the alleged defect or problem and provide the name, current address, telephone number, and occupation of each person making the allegation, implication or suggestion.

is.

Answer the following regarding investigation of the incident (NOTE :

"You" includes any insurance company acting on your behalf or acting as a result of this defendant being its insured):

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 26 of 42

A.

Did you investigate the crash? If so, identify the name, title, and business and residence addresses of each such person and the type of investigation performed .

B. C.

If you made a report of the investigation, identify the report . Did you receive any correspondence or report from state or federal authorities regarding the incident? If so, identify die report or document.

D.

Have you submitted a report or any written document to any governmental agency in connection with this incident? Is so, please identify same.

19.

Please identity die person(s) responsible for compiling the information

contained in your responses to Plaintiff's Interrogatories and Requests for Production in this matter .

20.

As to each insurance policy that may provide coverage to saGsf,, part or all

of a judgment in this case, state the following : A. The name of the company, the total amount of coverage presently available for die subject incident, the policy number, and the name of the insured (s) . B. The amount of any payment made to date under each policy, the date of each payment . the identity of the payee, the amount, and the purpose of said payment .

10

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 27 of 42

C.

Whether any insurance company or its representative has denied or reserved any aspect of coverage for the subject incident and if so, identify the company and policy .

21 .

State the date that you or anyone acting on your behalf firs[ contacted legal

counsel to consult with you in connection with the subject incident, identify said counsel by name and address, and identify the person making the contact with counsel by name and address .

22 .

Do you contend that either the procedural or substantive law of any

jurisdiction or country other that the law of the State of Georgia applies to the issues raised in Plaintiffs' Complaint? [f so, state your contention as to what jurisdiction's or country's law applies, what parties and issues you contend said laws apply to, and whether you contend said law is procedural or substantive .

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 28 of 42

This ~-aay of Respectfully submitted,

2003 .

SCHERkFNS, BALLARD, STILL & AYRES, LLP

BY: ~ ANDREW M .SCHERF Georgia Bar No . 62915v~~' TAMARA McDOWELL Al'RES Georgia Bar No . 029910 JEFFREY R. HARRIS Georgia Bar No . 330315 1201 Peachtree St. 400 Colony Square, Ste . 1018 Atlanta, Georgia 30361 (404) 873-1220

12

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 29 of 42

THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA KATHRYN A. SWINGLE, Individually, as Surviving Spouse, and as PERSONAL REPRESENTATIVE of the ESTATE of EDWARD R. SWINGLE Plaintiffs, v. EPPS AIR SERVICE, INC .; BOMBARDIER AEROSPACE CORPORATION; and BOMBARDIER, INC . Defendants . Civil

3(~ v cla ~9~ 9 Ac tion File No. :

NOTICE OF SERVICE OF ORIGINAL INTERROGATORIES TO : Epps Air Service, Inc. YOU are hereby notified that we have this date served original interrogatories, a copy of which is attached hereto, to be answered in accordance with O.CG .A . §9-11-26, et sec . It is hereby certified that a true and correct copy of the foregoing Notice of Service of Original Interrogatories has been served upon this parry by being attached to the Summons and Complaint.

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 30 of 42

This-/-Z&y of

, 2003 .

SCHERFFIUS, BALLARD, STILL & AYRES, L .L .P.

TAMARA MCDOWELL Georgia Bar No. 029910 1201 Peachtree Street, N .E. 400 Colony Square Suite 1018 Atlanta, Georgia 30361 (404) 873-1220

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Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 31 of 42

Superior Court of DeKalb County, State of Georgia

Non-DOMESTIC GENERAL CIVIL FILING INFORMATION FORM

II. CV

USE

Joa 30 q 32 PM '03
6Li:RI, Or Si :r `- ;7 ; CUUR' Gc'KALB CUUHrY~ CA

CASE u (!:RC V &'2 5~~Division-_~

~r~mL~ 4c ~rc5e~-lifiu,tQ . CS,'~~QF~'a{~ G~ ~d Wctrc~ AlS. `J~~ u-C~r

~a,~ '4 . Sw~nctk_ IndLV~-idul4 , Qs SLLr uL U t nq ~Lr, ct nab a5

Attorney For Plaintiff /~~ ~, Name vti.cL."UA d.~, ,~,~'p /' .~-mow/ .~ Address1 23l ~xL1!'.hreP $~ Shc. 10 1Q Qtl0 .~-I~t C'~F_3a.9(a/Phone (L{04 ) 9_7J /L20

~n'~VY~.rd~r2, Ih ~5

.rte

r~ ~ r lei r . : -Yywt l',nr~ Le/L or-paratim -cam

Bar No.

LDY9 l50

Attorney For Defendant Name
Address Phone Bar N

CHECK PRIMARY TYPE (check one only) p Contract/Account O Wills/Estate O Real Property IF TORT CHECK CASE TYPE (Check no more than two) p O p O Auto Accident Premises Liability Medical Malpractice Other Professional Negligence Product Liability 6~Other, Specify
AVIQtIQ~'~ GLCc'CZ2A-4

0 Dispossessory/Distress p Personal Property O Equirv C1 Habeas Corpus

Appeals, Reviews O Post Judgment Garnishment, Attachments or Other Relief Non-Domtsdc Contempt Tort (if tun, fill in right column)

Are Punitive Damages Pleaded?

Ej Yes 2-No

O Name Change Foreign Judgement

0 Other General Civil, Specify

ORIGIN l9"Ori_inal Proceeding ORemoval from Lower Court p Transferred From Q Reinstated or Reopened

RELATED CASE(S) (it'anv) Judge
O Check one . Same issue of fact Sitna!urr of Attorney

Qy g rows out of same rransacuon . '

-Case No . O Dot Companion Case

White mpy - tile . yclla%~ copy - Law ('lerk . Pink cop) - Store

n . ., .ei 1 .21 a i

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 32 of 42

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA
Civil Action #
;-~ amt as Su.rvtu~~ .rl~ so~n .csc.

Kathr~ n A . S-LA vq le,; IndivicCcxl,l.CcJ, as

DVv&1129 S' V=

~cr~wia .1

~F~stc~-t`~ of ~1w0-~'cl ~ Sw~n~
Plaintiff VS

12cprc S~c +~cc,fl tr2 G~ 'the

~Epp" Air Servic-c, Inc .,) Bomlxirdiew2 .
AiZtroW--cc Cvc Pura'f'io(1 , O-roL `~rn hc~d Lc K., f r~L
Defendant

SUMMONS
TO THE ABOVE NAMED DEFENDANT :
You are hereby summoned and required to file with the Clerk of said court and serve upon the Plaintiffs attorney, whose name and address is:
Gc- raer~t, g~cu,rd, Sttl( 4." cL 10 ( r~a .cJvt'vti.c s+-v-`-e-+ j ) 0FCl-1j rGS

C~-tCu.'0-rct

C-44~

an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service . If you fail to do so, judgment by default will be taken against you for the relief demanded 1in//the complaint . This ~~ day of -(Z7 ~~/2r, 2) Linda Carter
Clerk of By

3 0 a (e I

~ S~-r-~ Col g

erior Court r

Deputy Clerk

instructions . Attach addendum sheet for additional p :ui¢s it needed, make wuuun un this sheet if addendum sheet is aced .

< ? -a-~3 //i,6

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 41 of 42

THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DI :;TRICT OF GEORGIA ATLANTA DIVISION KATHRYN A . SWINGLE, Individually, )

IN

As Surviving Spouse, aril as PERSONAL) REPRESENTATIVE of the ESTATE

of EDWARD R .

SWINGLE,

vs .

Plaintiffs, ) ) ! i

'

(-i :iL

.-t--on A Fi~ .-

'I

EPPS AIR SERVICE, INC . ; BOMBARDIER AEROSPACE CORPORATION ; and BOMBARDIER INC . Defendants .

CERTIFICATE OF SERVICE

I,

Matthew do

W.

Clarke, certify

counsel that "Notice I of

for

the

Bombardier all parties the r_c

Defendants, with same the the

hereby and

have

served

within

foregoing

Removal" properly

by mailing addressed

first

class

mail,

l:cstage last

prepaid,

following at their

known address : Esq .

Andrew P9 .
1201

Scherffius,

Sclierffius,
Eallard,

Suite 1018 Atlanta, Georqia Attorney for anal

Peachtree St .,

NE

Still

h Ages

LLF

303b1

Plaintiff

Case 1:03-cv-02356-WBH Document 1

Filed 08/05/03 Page 42 of 42

Epps Air Service, 1 Aviation Way Chamblee,

Inc . ?G :Sal

,ecraia

This

clay of August,

2003 .

plat hew W . C'e Georgia Bar No . 127930

Attorneys for Defendants Aerospace Corporation Bombardier and Bombardier, Inc . SMITH, GAMBRELL , RUSSELL Suite 3100, Promenade II 1230 Peachtree Street, Pd .E . Atlanta, Georgia 30309-3592 (404) 815-3500

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