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CAUSE NO.

AMADO ESPARZA, Individually, and as Representative of the Estate of ROSA ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/n/f of Abraham Segovia; and RONAL SEGOVIA

v.
SIX FLAGS ENTERTAINMENT CORPORATION; SIX FLAGS THEME PARKS, INC.; TEXAS FLAGS, LTD.; and SIX FLAGS OVER TEXAS, INC.

34~ICIAL

DISTRICT

TARRANT COUNTY, TEXAS

PLAINTIFFS' ORIGINAL PETITION Plaintiffs AMADO ESPARZA, Individually, and as Representative of the Estate of ROSA ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA,JR.;ARNOLDO ESPARZA;ARACELY ESPARZA SEGOVIA, Individually and a/n/f of Abraham Segovia; and RONAL SEGOVIA (collectively, "Plaintiffs"), file this Original Petition, complaining of Defendants SIX FLAGS ENTERTAINMENTCORPORATION;SIXFLAGSTHEMEPARKS,INC.;TEXASFLAGS,LTD.; and SIX FLAGS OVER TEXAS, INC. (collectively, "Six Flags"), and for cause of action, state the following: SUMMARY Six Flags has known for decades the real risks and extreme dangers posed by roller coasters and other amusement rides. Yet, instead of making their rides safer, Six Flags continually pushes the envelope, building extreme roller coasters that are bigger, faster, and more dangerous. However, most egregious of all, Six Flags continues to be reactive, rather than proactive with regard to common sense safety systems and operations. As a result, Rosa Irene Esparza is dead. A wife of thirty-five years is gone, never to be seen again by her husband, children, or grandchildren.
PLAINTIFFS' ORIGINAL PETITION

On July 19, 2013, Rosa Esparza visited Six Flags Over Texas for the first and last time. Rosa anticipated an afternoon of safe, family fun with her daughter, son-in-law, and her grandchildren. Little did she know, Six Flags knew as early as 1978 that, in the absence of a safety belt, passengers bear a greater risk of being ejected from a roller coaster. In fact, multiple times during the preceding thirty-five year period, passengers had fallen to their deaths while riding Six Flags' roller coasters, only to have Six Flags add safety belts after it was too late. After Rosa's death, post-incident inspections showed that various parts ofthe security systems on the ride were experiencing inconsistencies and intermittent failures. In addition, Six Flags has now admitted that, after these inspections, they replaced a "limit switch" for a restraint in a seat in the very car in which Rosa was riding because Six Flags found the switch to be defective. Ultimately, as a result of Six Flags' negligence and gross negligence, Rosa was ejected from The Texas Giant and fell to her death after striking a vertical support beam while her daughter and son-in-law rode along in horror and while her grandchildren waited for her at the end of the ride. The Six Flags Defendants proximately caused the Plaintiffs' damages and injuries, and the Court should find them liable for the causes of action pleaded herein.
DISCOVERY CONTROL PLAN
I.

Pursuant to Rules 190.1 and 190.3 of the Texas Rules of Civil Procedure, Plaintiffs state that discovery in this cause is intended to be conducted under Level 3.
JURY DEMAND

2.

Pursuant to Rules 216 and 217 ofthe Texas Rules of Civil Procedure, Plaintiffs request a jury trial of this matter. Accordingly, Plaintiffs tendered the proper jury fee with the filing of Plaintiffs' Original Petition.
RULE 47 STATEMENT OF MONETARY RELIEF SOUGHT

3.

Plaintiffs request that the jury determine what is fair and reasonable compensation for their damages. Because Rule 47 of the Texas Rules of Civil Procedure requires Plaintiffs to provide a statement regarding the amount of monetary relief sought, however, Plaintiffs

PLAINTIFFS' ORIGINAL PETITION

state that monetary relief in excess of$1,000,000, in amount to be determined by the jury, is being sought.
REQUEST FOR DISCLOSURE

4.

Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiffs request that Defendants disclose to Plaintiffs, within 50 days of the service of this request, the information and materials described in rule 194.2, to be produced at the Law Offices of Frank Branson, P.C., 4514 Cole Avenue, Suite 1800, Dallas, Texas 75205.
INTERROGATORIES AND REQUESTS FOR PRODUCTION SERVED

5.

Plaintiffs serve interrogatories and requests for production upon Defendants with Plaintiffs' Original Petition and Request for Disclosure.
REQUEST FOR DEPOSITIONS

6.

Plaintiffs hereby request dates for the depositions of the following employees and/or agents of Defendants: 1) the person with the most knowledge regarding maintenance done on the Texas Giant roller-coaster before the date of the incident, 2) the person with the most knowledge regarding the design of the Texas Giant roller-coaster, 3) the person with the most knowledge regarding safety measures that defendants took to prevent a rider from being ejected from the Texas Giant roller-coaster, 4) the person with the most knowledge regarding operating procedures for the Texas Giant roller-coaster, 5) all employees on duty at the site of the Texas Giant roller-coaster when the incident occurred, 6) the person with the most knowledge regarding the re-design of the Texas Giant roller coaster that occurred on or about 2010 and 2011, 7) the person with the most knowledge regarding testing done on the Texas Giant roller-coaster after the incident made the basis of this suit, 8) the person

PLAINTIFFS' ORIGINAL PETITION

with the most knowledge regarding repairs and/or modifications done to the Texas Giant roller-coaster after the incident made the basis of this suit, and 9) the person with the most knowledge regarding other incidents involving roller-coaster injuries and deaths at Six Flags parks and other non-Six Flags venues.
PARTIES

7.

Plaintiff AMADO ESPARZA, Individually, and as Representative of the Estate of ROSA ESPARZA, is an individual residing in the state of Texas. AMADO ESPARZA is the son of ROSA ESPARZA, deceased, and the duly-appointed representative ofthe Estate of ROSA ESPARZA.

8.

Plaintiff ANTONIO ESPARZA is an individual residing in the state of Texas. He is the husband of ROSA ESPARZA, deceased.

9.

Plaintiff ANTONIO ESPARZA, JR. is an individual residing in the state of Texas. He is the son of ROSA ESPARZA, deceased.

10.

Plaintiff ARNOLDO ESPARZA is an individual residing in the state of Texas. He is the son of ROSA ESPARZA, deceased.

11.

Plaintiff ARACEL Y ESPARZA SEGOVIA, Individually and a/nlf of Abraham Segovia, is an individual residing in the state of Texas. She is the daughter of ROSA ESPARZA, deceased, and the mother of Abraham Segovia.

12.

Plaintiff RONAL SEGOVIA is an individual residing in the state of Texas. He is the sonin-law of ROSA ESPARZA, deceased. He is the husband of Plaintiff ARACEL Y ESPARZA SEGOVIA and the father of Abraham Segovia.

13.

Defendant SIX FLAGS ENTERTAINMENT CORPORATION is a Delaware corporation,

PLAINTIFFS' ORIGINAL PETITION

doing business in the state of Texas, with its principal place of business in Texas, and may be served by serving its agent for service of process:

Six Flags Entertainment Corporation c/o Corporation Service Company 211 E. 7"' Street, Suite 620 Austin, Texas 78701
14. Defendant SIX FLAGS THEME PARKS, INC. is a Delaware corporation, doing business in the state of Texas, with its principal place of business in Texas, and may be served by serving its agent for service of process:

Six Flags Theme Parks, Inc. c/o Corporation Service Company 211 E. 7'h Street, Suite 620 Austin, Texas 78701
15. Defendant TEXAS FLAGS, LTD. is a Texas corporation, doing business in the state of Texas, with its principal place of business in Texas, and may be served by serving its agent for service of process:

Texas Flags, Ltd. c/o Six Flags Over Texas, Inc. 2201 Road to Six Flags P.O. Box 191 Arlington, Texas 76004-0191
16. Defendant SIX FLAGS OVER TEXAS, INC. is a Delaware corporation, doing business in the state of Texas, with its principal place of business in Texas, and may be served by serving its agent for service of process:

Six Flags Over Texas, Inc. c/o Corporation Service Company 211 E. 7'h Street, Suite 620 Austin, Texas 78701 VENUE AND JURISDICTION
PLAINTIFFS' ORIGINAL PETITION

17.

Venue is proper in this Court by virtue of sections 15.001 et. seq. of the Texas Civil Practice & Remedies Code because the causes of action which are the basis of this case arose in whole or in part in this county, and/or Defendants' residence or principal office is in this county. This Court has jurisdiction because Plaintiffs' damages are within the jurisdictional limits of this Court.
FACTS

18.

The Six Flags Defendants market The Texas Giant roller-coaster with a keen awareness that the lure of The Texas Giant to the park's visitors is that it hurdles riders along precipitous drops at extreme speeds. The Six Flags Defendants encourage visitors to the park, such as the Esparza family, to believe that they are experiencing the illusion of danger, without experiencing any actual danger. As Rosa Esparza's tragic death starkly

illustrates, errors on the part of the Six Flags Defendants turned a thrilling illusion into a nightmarish reality. Customers of the park expect mock scares and delighted screams as they ride the Texas Giant roller-coaster, but they certainly do not expect to be placed in any real danger, whatsoever. 19. The Six Flags Defendants operate the world's largest amusement park corporation, in terms of number of properties, and the fifth largest, in terms of attendance. The Six Flags Defendants were well aware of the dangers posed by their roller-coasters. This awareness came both from incidents at Six Flags parks involving roller-coasters and other rides, and from tragedies involving ejections of riders from roller-coasters without seat belts at other locations in the amusement ride industry. Previous incidents at Six Flags parks, alone put the Six Flags Defendants on notice of the dangers of rider-ejection posed by the Texas

PLAINTIFFS' ORIGINAL PETITION

Giant. For example, in 1978, a girl was ejected from the "Colossus" roller-coaster at Six Flags Magic Mountain in Los Angeles, and fell to her death. In 1981, a Six Flags employee was ejected from the "Rolling Thunder" roller-coaster at Six Flags Great Adventure in New Jersey. In 1987, a girl fell to her death while riding the "Lightnin' Loops" roller-coaster at Six Flags Great Adventure in New Jersey. In 2001, a passenger was ejected from the Starfish ride at Six Flags Discovery Kingdom in California when the pneumatic valve on the safety bar failed. Then in 2004, a man was thrown to his death from a "Superman: Ride of Steel" roller-coaster in Six Flags New England, in Massachusetts. These are just the incidents involving injuries and deaths caused by rollercoasters occurring at Six Flags parks. The Six Flags Defendants also knew or should have known about numerous incidents involving roller-coasters at other amusement parks. More often than not, the response of the Six Flags Defendants to roller-coaster tragedies at their parks has been merely to feign surprise and to belatedly add safety belts in an attempt to calm the public's fears. 20. In addition, other incidents and tragedies at Six Flags parks placed the Six Flags Defendants on notice of the dangers associated with their roller-coasters and the need for better safety operations and training of their employees. For example, in 1996, a Six Flags employee was killed while attempting to cross the tracks in front of a moving "Revolution" roller-coaster at Six Flags Magic Mountain in California. In 1998, twenty-three people were stuck upside down for nearly three hours on the "Demon Coaster" in Six Flags Great America in Illinois after a guide wheel separated from the axle of the last car, triggering a safety mechanism that kept the train from operating. And, in 2008, a teenager was

PLAINTIFFS" ORIGINAL PETITION

decapitated at Six Flags Over Georgia when he attempted to retrieve a hat that he lost while riding the "Batman: The Ride" roller-coaster. 21. This lawsuit arises out of a family's trip to a Six Flags amusement park that turned into a horrific nightmare. On July 19,2013, Rosa Esparza, together with her daughter, Aracely

Esparza Segovia, her son-in-law, Ronal Segovia, and her grandchildren, Abraham Segovia and Ronald Jaden Segovia, went to the Six-Flags-Over-Texas amusement park in Arlington, Texas for what the Six Flags Defendants had led them to believe would be a safe and fun family adventure. 22. Like many of the park's patrons, Rosa Esparza, her daughter, and her son-in-law decided to ride one the park's signature attractions- The Texas Giant roller-coaster. Rosa Esparza apparently met all of Six Flags' requirements to ride the roller-coaster because no Six Flags employee prevented her from riding on the roller-coaster. The roller-coaster had one safety bar restraint for each seat, but had no lap seat belts and no shoulder harness seat belts. 23. Rosa Esparza sat in the front left seat of the second car in the roller-coaster train. Her sonin-law sat in the back left seat of the first car ofthe train, directly in front of Rosa Esparza, and her daughter sat in the back right seat of the first car of the train. Nobody sat in the seat directly to Rosa Esparza's right. 24. As the roller-coaster was in its first large descent, Rosa Esparza's daughter heard screaming and yelling behind her, and turned to see her mother in the process of being thrown out of the car, out from behind the safety bar in her seat, struggling in an upside down position in the roller-coaster car with her head down and legs up, attempting to hold on for dear life. Although Rosa Esparza desperately tried to hang on as the roller-coaster car twisted and

PLAINTIFFS' ORIGINAL PETITION

turned, she was unable to resist the over-powering forces of the roller-coaster ride, and she was thrown against a support piling on the structure of the roller-coaster. She was then catapulted many feet below onto the metal roof of a tunnel. Rosa Esparza died of multiple traumatic injuries caused by her horrific ejection from the roller-coaster car and being thrown into the support piling and onto the roof of the tunnel. 25. Her daughter and son-in-law were forced to complete the ride- for what seemed like an interminable time, knowing that Rosa Esparza had been thrown out of the ride, and not knowing whether she was dead or seriously injured and in need of immediate medical attention. When the roller-coaster train returned to the station at the end of the ride, her daughter and son-in-law were desperate to get out of the train, but the Six Flags employees initially refused to believe that anyone had been thrown out of the train. An agonizing period of time passed before Rosa Esparza was located on top of the tunnel. 26. The roller-coaster train at issue has a set of green lights that are supposed to light when each safety bar restraint is in the allegedly "proper" position. The Six Flags Defendants maintain that a roller-coaster train cannot be dispatched unless all safety bar restraints are in their "proper" positions, such that each restraint's green light is activated. This system of lights was confusing and dangerous because it had a tendency to create a false sense of security and complacency on the part of the operators of the ride. Operators of the ride who saw a green light for a given safety bar restraint would have been inclined to assume that the restraint necessarily was in the correct and safe position without undertaking further checks of the restraint. 27. In a series of inspections of the roller-coaster train at issue after the incident in question, a

PLAINTIFFS' ORIGINAL PETITION

number of disturbing anomalies were observed, During the inspections, there were inconsistencies in the relative locking positions ofthe safety bars in various seats in the car in which Rosa Esparza had been riding, and inconsistencies and intermittent failures in the green light system that was supposed to confirm the correct placement of the safety bars for the seats of the car. The Six Flags Defendants have now admitted that, after these inspections, they replaced a "limit switch" for a restraint in a seat in the very car in which
Mrs. Esparza was riding because they found the switch to be defective.

28.

The Six Flags' Defendants' negligence proximately caused the catastrophe of July 19, 2013, and the Esparza family's injuries and damages.
CAUSES OF ACTION Negligence

29.

Rosa Esparza was an invitee on Defendants' premises, and her death was caused by the unreasonably dangerous condition of a dangerous roller-coaster on Defendants' premises. The Defendants negligently allowed the above unreasonably dangerous condition to exist, negligently created the unreasonably dangerous condition, negligently failed to remedy the unreasonably dangerous condition, and negligently or willfully failed to warn Rosa Esparza of the condition, despite the fact that Defendants knew, or in the exercise of ordinary care, should have known of the condition and that there was a likelihood of someone being seriously injured or killed, as was Rosa Esparza. Specifically, Defendants knew or should have known of the danger of a rider of the roller-coaster being ejected from a roller-coaster with an inadequate restraint system.

30.

Defendants were guilty of negligence, among other ways, in the following respects:

PLAINTIFFS' ORIGINAL PETITION

10

1.

In allowing the unreasonably dangerous condition-a roller-coaster with an inadequate and defective restraint system to exist. The restraint system was defective because it lacked seat belts, among other reasons;

2.

In failing to correct the unreasonably dangerous condition prior to the incident which killed Rosa Esparza, an invitee on Defendants' premises;

3.

In failing to warn Rosa Esparza that the unreasonably dangerous condition existed and in failing to warn Rosa Esparza of the hazards and risks of the unreasonably dangerous condition;

4.

In failing to protect and safeguard Rosa Esparza from the unreasonably dangerous condition;

5. 6.

In creating the unreasonably dangerous condition and/or activity on the premises; In failing to establish and enforce adequate procedures and precautions to ensure that riders on the roller-coaster, such as Rosa Esparza, were not ejected;

7.

In failing to establish and enforce adequate restrictions for body types and weights of riders of the roller-coaster; and

8. 31.

In failing to properly inspect, maintain, and repair the roller-coaster.

Agents, employees and/or borrowed servants of Defendants were negligent in creating and/or failing to warn of the dangerous condition. Defendants negligently failed to

provide adequate manpower, equipment, training, and supervision to their agents, employees and/or borrowed servants. 32. Each of the foregoing acts or omissions, singularly or in combination with others, constituted negligence, which proximately caused the above-referenced occurrence and

PLAINTIFFS' ORIGINAL PETITION

11

Plaintiffs' injuries and damages.


Bystander Liability

33.

Plaintiffs Aracely Esparza Segovia (daughter), Ronal Segovia (son-in-law), and Abraham Segovia (grand-son) are entitled to bystander damages because: 1) they were located near the scene of the tragedy, 2) they experienced a sensory and contemporaneous awareness and observance of the tragedy, and 3) they were closely related to Rosa Esparza, as indicated above.
Respondeat Superior

34.

Defendants are liable for the negligence of their employees and/or agents, pursuant to the doctrine of respondeat superior because the employees and/or agents were acting in the course and scope of their employment with Defendants at all relevant times. In the alternative, Defendants are liable for the negligence of their employees/agents because the employees/agents were acting as borrowed servants of Defendants at all relevant times.
Negligent Hiring and Supervision

35.

Defendants are liable for the negligence of their employees/agents because they did not use ordinary care in hiring, supervising, training, and retaining them and their supervisors, and the breach of the applicable standard of care by these agents/employees and their supervisors, as described above, proximately caused injuries to Plaintiffs.
Ostensible Agency

36.

In the alternative, if the negligent agents/employees were not acting as employees and/or borrowed servants of Defendants, then the agents/employees were acting as the ostensible agents of Defendants at all relevant times. Specifically: 1) there was a reasonable belief

PLAINTIFFS ORIGINAL PETITION

12

that the agents/employees were the agents or employees of Defendants, 2) the belief was generated by Defendants' affirmatively holding out of the agents/employees as Defendants' agents or employees, and 3) there was justifiable reliance on Defendants' representation of authority. Joint Enternrise 37. Alternatively, Defendants are liable for the negligence of each other under a theory of joint enterprise because: 1) an express of implied agreement among Defendants existed, 2) a common purpose was to be carried out by Defendants, 3) a common pecuniary interest in that purpose existed among Defendants, and 4) an equal right to control the enterprise existed. Exemplary Damages 38. Plaintiffs are entitled to exemplary damages under Chapter 41 of the Texas Civil Practice and Remedies Code, in an amount to be determined by the jury, because Defendants' acts and/or omissions, when viewed objectively from the standpoint of Defendants at the time of the occurrence, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others, and Defendants had actual, subjective awareness of the risk involved, but nevertheless proceeded with conscious indifference to the rights, safety and welfare of others. PERSONAL INJURIES AND DAMAGES Survival Damages for Rosa Esparza 39. As a result of Defendants' actions, Rosa Esparza, deceased, sustained severe personal injuries, mental anguish and physical pain prior to her death. Her estate is entitled to

PLAINTIFFS' ORIGINAL PETITION

13

recover for her damages, including but not limited to, damages for mental anguish, physical injuries, pain and necessary funeral bills and expenses, for which damages are sought under the Texas Survival Statute, codified in Chapter 71 of the Texas Civil Practice & Remedies Code.
Wrongful Death Damages of Antonio Esparza, Amado Esparza, Antonio Esparza. Jr.. Arnoldo Esparza. and Aracely Esparza Segovia

40.

As a result of Defendants' actions and the death of Rosa Esparza, Plaintiffs Antonio Esparza (husband), Amado Esparza (son), Antonio Esparza, Jr. (son), Arnoldo Esparza (son), and Aracely Esparza Segovia (daughter) have suffered damages in the past and will suffer damages in the future, including but not limited to, mental anguish, loss of consortium, grief, bereavement , loss of future financial contributions, loss of services, loss of advice, care and counsel, loss of society and companionship, and medical, funeral and burial expenses, for which damages are sought under the Texas Wrongful Death Act, codified in Chapter 71 of the Texas Civil Practice & Remedies Code.

41.

Plaintiffs will continue to suffer from these injuries for the rest of Plaintiffs' lives, and seek compensation for such future damages.
CONDITIONS PRECEDENT

42.

All conditions precedent to Plaintiffs' right to recover the relief sought herein have occurred or have been performed.
RELIEF SOUGHT

43.

Plaintiffs request that Defendants be cited to appear and answer, and that this case be tried, after which Plaintiffs recover:

PLAINTIFFS" ORIGINAL PETITION

14

1. 2. 3. 4.

Judgment against Defendants for a sum within the jurisdictional limits of this Court for the damages indicated above; Pre-judgment and post-judgment interest at the maximum amount allowed by law; Costs of suit; and Such other and further reliefto which Plaintiffs may be justly entitled.

PLAINTIFFS' ORIGINAL PETITION

15

Respectfully submitted,

THE LAW OFFICES OF FRA"r L. BRANSON, P.C.

~~ FRANKL. BRANSON
Texas Bar No. 02899000

QUENTIN BROGDON
Texas Bar No. 03054200

EUGENE A. "CHIP" BROOKER, JR.


Texas Bar No. 24045558 Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 (214) 522-0200 (214) 521-5485 Fax

ATTORNEYS FOR PLAINTIFFS

PLAINTIFFS' ORIGINAL PETITION

16

CAUSE NO. _ __ AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/n/f of Abraham Segovia; and RONAL SEGOVIA IN THE DISTRICT COURT

v.

JUDICIAL DISTRICT

SIX FLAGS ENTERTAINMENT CORPORATION; SIX FLAGS THEME PARKS, INC.; TEXAS FLAGS, LTD.; and SIX FLAGS OVER TEXAS, INC.

TARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST INTERROGATORIES TO DEFENDANT TEXAS FLAGS. LTD. TO: Defendant TEXAS FLAGS, LTD. Plaintiff, AMADO ESPARZA, Individually, serves the following written interrogatories on Defendant TEXAS FLAGS, LTD., pursuant to rules 197.1, 197.2 and 197.3 of the Texas Rules of Civil Procedure.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

Respectfully submitted,

FRANKL. BRAN ON Texas Bar No. 02899000 QUENTIN BROGDON Texas Bar No. 03054200 EUGENE A. "CHIP" BROOKER, JR. Texas Bar No. 24045558 Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 (214) 522-0200 (214) 521-5485 Fax ATTORNEYS FOR PLAINTIFFS

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

DEFINITIONS
A. As used in these Interrogatories, the words "document" or "documents" are defined to include, but are not limited to, every writing or record of any type that is in your possession, custody, or control. A document is deemed to be within your control if you may obtain possession from any other person or public or private entity having physical possession thereof. "Document" includes, without limitation, those things defined to be documents in rule 192.3, TRCP, correspondence, memoranda, interoffice communications, hand written notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, audio recordings, video recordings, reports, surveys, accident reports, statistical compilations, work papers, data processing cards, computer tapes or printouts, and/or all copies of each which contain any other writing or recording of any kind which does not appear on the original or on any other copy. To the extent that the information exists within a computer or a computer recorded medium, you are requested to reduce the information to paper.

B. As used in these Interrogatories, the term "identify" when used with reference to a document or documents, means to state for each document such information as:

(a) (b) (c) (d) (e)


(f) (g)

(h)

Its nature, e.g., letter, memorandum, photographs, etc.: Its title or designation; The date it bears; The name, title, business affiliation, business and residence addresses of the person by whom the document was prepared; The name, title, business affiliation, business and residence addresses of persons to whom the document was directed; The subject matter of the document; A precise description of the place where such document is presently kept, including (i) the title or the description of the file in which such document(s) would be found; and (ii) the exact location of such file; The name, title business affiliation and business address of each person who presently has custody of such document or any copy thereof; and

C. As used in these Interrogatories, the word "person" shall be deemed to mean, in the plural as well as in the singular, any natural person, firm, association, partnership, corporation, or other form of!egal entity, as the case may be. D. As used in these Interrogatories, the term "identify" each "person" means to state, for each person such information as: (a) (b) (c) (d) His or her name; His or her current business affiliation, title and professional designation (e.g., M.D., R.N., L.V.N.); His or her current business and residence addresses; or if those be unknown, the last known address(es); The business affiliation, business address, correct title and professional designation of such person with respect to the business, organization or
3

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

entity

Jth which he or she was associated at the ~me of the occurrence.

E. As used in these Interrogatories, the term "Plaintiff' or Plaintiffs", means the named Plaintiff or Plaintiffs in this case, whether bringing this suit individually or in any representative capacity. F. As used in the Interrogatories, the term "occurrence" is used interchangeably with the term "incident" and means the alleged occurrence or incident made the basis of this suit and all relevant dates alleged, including the alleged causes, however remote, of such occurrence or incident. Taken together, all relevant dates may be referred to as "occasion in question". G. As used in these Interrogatories, the term "You" or "Defendant", means the named defendant and any officers, employees, directors or agents acting for or on his/her/its behalf.

H. "Incident made the basis of this suit" or "Incident" means the incident in question as referenced in Plaintiffs' live pleadings in this case.
I. "The roller-coaster" means the Texas Giant roller-coaster on which the incident made the basis of this suit occurred and any of the train cars operating on the roller-coaster.

INSTRUCTIONS

A. Response Date-- The answers and/or objections to these interrogatories must be served upon counsel for Plaintiff within fifty (50) days after service on Defendant.
B. Supplementation-- These interrogatories require supplementation if you obtain further information between the time the answers are served and the time of trial. C. Complete Responses-- The answers to these interrogatories should be complete and candid. To the extent any information called for by these interrogatories is unknown to you, so state, and set forth whatever information you have regarding that interrogatory. If any estimate can reasonably be made, please set forth your best estimate, clearly designated as such. D. Privilege -- To the extent that any interrogatory calls for information that you believe to be privileged in any way, you must state that information or material responsive to the interrogatory has been withheld, which interrogatory or party of an interrogatory to which the information or material withheld relates, and the privilege(s) asserted.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORIES INTERROGATORY No. 1: Please identify yourself and all persons who assisted or provided information in answering these interrogatories by providing full names, addresses, telephone numbers, employers and occupations. ANSWER:

INTERROGATORY No.2: If you contend that any other person or entity, including Plaintiffs, may be liable for all or part of Plaintiffs' claims, please identify each such person or entity by name, address, phone number, and please describe the facts supporting your contention. ANSWER:

INTERROGATORY No.3: Please provide, with respect to any communications and conversations you had with the Plaintiffs or Plaintiffs' representatives following the incident made the basis of this suit, the date(s) of the communication(s), the substance of the communication(s), and the names, addresses and telephone numbers of any witnesses to the communication(s). ANSWER:

INTERROGATORY No.4: Pursuant to Rule 609 of the Texas Rules of Evidence, if you intend to impeach Plaintiff or any person with knowledge of relevant facts with evidence of a criminal conviction, please provide the cause number, county and state of conviction, the date of conviction, and the type of crime. ANSWER:

INTERROGATORY No.5: In accordance with Rule 192.3(e) of the Texas Rules of Civil Procedure, for any consulting expert whose mental impressions or opinions have been reviewed by a testifying expert, please provide the expert's name, address and telephone number; the subject matter on which the testifying expert who has reviewed the consulting expert's mental impressions or opinions will testify; the facts known by the expert that relate to or form the basis of the expert's mental impressions and opinions formed or made in connection with the case (regardless of when and how the factual information was acquired); the expert's mental impressions and opinions formed or made in connection with the case, and any methods used to derive them; and any bias of the witness. ANSWER:

INTERROGATORY No. 6: Please identify the insurance policies, including umbrella policies and
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT
5

excess policies, that could provlde coverage for the incident(s) made the of this suit. Please include issuing insurance companies, policy numbers, monetary limits of coverages, and specify whether or not any such policy is a "cannibalizing" or "self-wasting" policy in which costs of defense may reduce amounts paid to claimants.
ANSWER:

~asis

INTERROGATORY

No.7: With respect to all investigations of the incident(s) made the basis of

this suit not conducted in anticipation of litigation, state the name(s), address(es), and telephone number(s) of the person(s) conducting the investigation(s), the reason(s) for the investigation(s), the names addresses and telephone numbers of the persons spoken to in connection with the investigation(s), the conclusions ofthe investigation(s), and identify all documents prepared as a result of the investigation(s).
ANSWER:

INTERROGATORY

No.8: Please provide the full name(s), address(es), and telephone number(s) of your trial witnesses. This request is made pursuant to rule 192.3(d) of the Texas Rules of Civil Procedure.
ANSWER:

No. 9: If you have been asked to appear before or respond to any govermnental agency or body concerning the incident made the basis of this suit, please identify the agency(s) or other body, the nature of the inquiry, and the date(s) of the agency's or body's inquiries.
INTERROGATORY ANSWER:

INTERROGATORY

No. 10: Please state the name, address, employer, employment position, and

telephone number of all persons operating or working on the site of the roller-coaster on the date of the incident.
ANSWER:

INTERROGATORY

No.ll: Please state the name(s), address(es), employer(s), employment

position(s), and telephone number(s) of the person(s), who last inspected the roller-coaster before the incident, the date and time of the inspection, and a description of any documents created in connection with such inspection(s).
ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORY No. 12: Jkase state any restrictions that you imposed on the date of the incdient

for riders of the roller-coaster (such as, e.g., height, weight, medical condition, etc.) and describe how those restrictions were communicated to potential riders of the roller-coaster.
ANSWER:

INTERROGATORY No.13: Please state the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the highest level manager on duty on the premises on which the incident occurred at the time that the incident occurred. ANSWER:

INTERROGATORY No. 14: With respect to any incident during the five year period preceding the

date of the incident made the basis of this suit, in which any person voiced any complaint about the roller-coaster, please provide the date(s) of the complaint, the name(s), address(es), and telephone number(s) of the person(s) making the complaint, and a brief factual description of the complaint(s).
ANSWER:

INTERROGATORY No. 15: With respect to the roller-coaster train car in which Rosy Esparza was

riding at the time of the incident, please provide the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the person(s) who last inspected and!or performed any maintenance on the car before the incident made the basis of this suit, the date and time of the inspection or maintenance, a description of the steps taken, and a brief description of any documents created in connection with the inspection or maintenance.
ANSWER:

INTERROGATORY No. 16: With respect to all steps taken to ensure that riders of the roller-coaster

were not ejected from the roller-coaster, please provide the date and time of the steps, the name(s), address(es), employer(s), employment position(s), and telephone number(s) ofthe person(s) who took the steps, and a brief description of the steps taken.
ANSWER:

INTERROGATORY No.17: Please describe your understanding concerning the cause of the incident

made the basis of this suit.


ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORY No.18: Please provide the name(s), address(es), anJ employment position(s) of

your employee with the most knowledge regarding the design of the roller-coaster.
ANSWER:

INTERROGATORY No.19: Please provide the name(s), address(es), and employment position(s) of

your employee with the most knowledge regarding the maintenance of the roller-coaster.
ANSWER:

INTERROGATORY No. 20: Please provide the name(s), address(es), and employment position(s) of

your employee with the most knowledge regarding the steps that you took to ensure that riders of the roller-coaster were not ejected from the roller-coaster.
ANSWER:

INTERROGATORY No. 21: Please provide the name(s), address(es), and employment position(s) of

your employee with the highest level responsibilities for safety in the Six Flags Over Texas park in Arlington on the date of the incident.
ANSWER:

INTERROGATORY No. 22: Please identify all industry and trade organizations to which you belong. ANSWER:

INTERROGATORY No. 23: For any incident in which anybody claims to have been injured while

riding any roller-coaster in any of your amusement parks, please provide the name(s), address(es), and telephone number(s) of the person(s), the date of the incident, the location of the incident, and a brief description of the incident, including the nature of the claimed injuries.
ANSWER:

INTERROGATORY No. 24: Please provide the name(s), address(es), and employment position(s) of

your employee(s) or contractors who performed any repairs, alterations or modifications to the roller-coaster after the date of the incident, the date(s) of the repairs or modifications, the nature of the repairs or modifications, and the purpose of the repairs or modifications.
ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

CAUSE NO. _ __ AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/n/f of Abraham Segovia; and RONAL SEGOVIA IN THE DISTRICT COURT

v.

JUDICIAL DISTRICT

SIX FLAGS ENTERTAINMENT CORPORATION; SIX FLAGS THEME PARKS, INC.; TEXAS FLAGS, LTD.; and SIX FLAGS OVER TEXAS, INC.

TARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT TEXAS FLAGS, LTD.

TO:

Defendant Texas Flags, Ltd. Plaintiff Amado Esparza, Individually, serves the following requests for production on

Defendant Texas Flags, Ltd., pursuant to rule 196 of the Texas Rules of Civil Procedure.

PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION

Respectfully submitted,

FRA
Texas Bar No. 02899000 QUENTIN BROGDON Texas Bar No. 03054200 EUGENE A. "CIDP" BROOKER, JR. Texas Bar No. 24045558 Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 (214) 522-0200 (214) 521-5485 Fax
ATTORNEYS FOR PLAINTIFFS

Plaintiff's First Requests for Production

INSTRUCTIONS 1. Defendant shall produce all documents and materials described herein which are in his/her possession, custody or control, and permit inspection, copying, or reproduction thereof by Plaintiff, his/her attorneys, or other persons acting on his/her behalf, to Plaintiff's attorney at the Law Offices of FrankL. Branson, Highland Park Place, 4514 Cole Avenue, Suite 1800, Dallas, Texas 75205, at the time of filing of Defendant's responses to this Request for Production of Documents.
2. As used in these Interrogatories, the term "You" or "Defendant", means the named defendant(s) and any officers, employees, directors or agents acting for or on his/her/its behalf. 3. "Document" refers to and includes every writing or record of any type that is in your possession, custody, or control. A document is deemed to be within your control if you may obtain possession from any other person or public or private entity having physical possession thereof. "Document" includes, without limitation, correspondence, memoranda, interoffice communications, hand written notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, audio recordings, video recordings, reports, surveys, accident reports, statistical compilations, work papers, data processing cards, computer tapes or printouts, and/or all copies of each which contain any other writing or recording of any kind which does not appear on the original or on any other copy. To the extent that the information exists within a computer or a computer recorded medium, you are requested to reduce the information to paper copy. 4. "The roller-coaster" means the Texas Giant roller-coaster on which the incident made the basis of this suit occurred and any of the train cars operating on the roller-coaster. In those instances where the requested information is stored only on software or other data compilations, you should either produce the raw data along with all codes or programs for translating it into useable form or produce the information in a finished useable form, which would include all necessary glossaries, keys, and indices for interpretation of the material. 4. The documents produced in response to this document request shall be: (a) (b) organized and designated to correspond to the categories in the document request; or produced in a form that accurately reflects how they are maintained by Defendant in the normal course of business, including but not limited to the following: (i) that all associated file labels, file headings, and file folders be produced together with the respective documents for each file and that each file be identified as to its owner or custodian; (ii) that all pages now stapled or fastened together be produced stapled or fastened together; and (iii)that all documents which cannot be legibly copied be produced in their original form.

5. The terms "AND" and/or "OR" shall be construed either disjunctively or conjunctively whenever appropriate in order to bring within the scope of this document request any documents which might otherwise be considered beyond its scope.
Plaintiffs First Requests for Production

6. The singular form oraword shall be interpreted as plural and the plural form of a word shall be interpreted as singular whenever appropriate in order to bring within the scope of this document request any documents which might otherwise be considered to be beyond its scope. 7. Defendant shall include in his/her response to each request in this document request whether Defendant claims that any document responsive thereto has been lost or destroyed, is privileged or is otherwise unavailable. 8. Defendant shall not use claims of ambiguity in interpreting either this document request or a definition or instruction applicable thereto as a basis for refusing to respond, but shall instead set forth as part of the response the language deemed to be ambiguous and the interpretation chosen or used in responding to the particular request. 9. This document request is continuing as to require supplemental responses in accordance with Rule 193.5 of the Texas Rules of Civil Procedure if additional documents specified herein are obtained or discovered between the time of responding to this document request and the final disposition of this lawsuit. 10. In answering this Request for Production of Documents, Defendant is requested to furnish all information, including hearsay, in possession of Defendant's attorneys, agents, investigators, employees, independent contractors, and all other persons acting on behalf of Defendant, and not merely such information known or the personal knowledge of the person answering these Requests for Production. 11. If you object to any Request for Production or any portion thereof on the grounds that it requests information that is privileged or falls within the attorney work product doctrine, provide the following information, except as it may call for the precise information you object to disclosing: (a) (b) state the nature of the privilege or doctrine you claim; if a document is the subject of your claim of privilege or exemption from discovery, so state and further; (i) identify it; and (ii) identify all persons known to you who have seen the document; (iii)the title and number of the request to which the document is responsive; (iv) the date the document was prepared or otherwise originated; (v) the name of each person who signed or prepared the document; to whom the document was directed or addressed; (vi) (vii) the nature or character of the document; (viii) the name and last known address of the persons having possession, custody, or control of the document; (ix) the specific objection upon which you rely in refusing production of the document. If an oral communication is the subject of your claim of privilege or exemption from discovery, so state and further: (i) identify it; (ii) identify all persons known to you whom the substance of the oral

(c)

Plaintiff's First Requests for Production

(iii)s

communication has been disclosed; and tate whether any document records or refers to the communication and identify each such document.

12. Further, for those documents withheld on the basis of privilege, please place such documents in a sealed envelope and submit them to the Court for in-camera inspection.

Plaintiff's First Requests for Production

--lkouESTS FOR PRODUCTION


Please produce the following documents and things:
REQUEST No.1: Any and all photographs, video tapes, drawings, and sketches related to the incident

made the basis of this suit.


REQUEST No. 2: Any and all insurance agreements or policies under which any person or entity carrying on an insurance business may be liable to satisfy part or all of a judgment which may be rendered in this action or to indenmify or reimburse payments made to satisfy any judgment related to the incident made the basis of this suit. This request is made pursuantto rule 192.3(f) of the Texas Rules of Civil Procedure. REQUEST No.3: Any reservation of rights letter regarding your insurance coverage for the incident

made the basis of this suit.


REQUEST No.4: Copies of any written statements, transcripts and recordings of oral statements made by any Plaintiff concerning the subject matter of this lawsuit. This request is made pursuant to rule 194.3(h) of the Texas Ru1es of Civil Procedure, which provides that "any person may obtain, upon written request, his or her own statement concerning the lawsuit.. .." REQUEST No.5: Statements of all persons with knowledge of relevant facts.

This request is made pursuant to rule 194.3(h) of the Texas Rules of Civil Procedure, which provides that, "a party may obtain discovery of the statement of any person with knowledge of relevant facts-a 'witness statement'-regardless of when the statement was made."

REQUEST

No. 6: A copy of any surveillance movies, video tapes, and photos of Plaintiffs.

REQUEST No.7: All formal and informal reports and documents prepared by an officer or employee

of any governmental agency which pertain, in any way, to the incident made the basis of this suit.
REQUEST No.8: All formal and informal reports and documents prepared by an officer or employee

of any governmental agency which pertain, in any way, to the incident made the basis of this suit.
REQUEST No.9: All "claim file materials" from you or your insurers, including file notes, reports, communications, photographs, witness statements, recorded statements or recorded statement summaries, written statements, and other materials regarding the generated or received by you or your insurers prior to the date that the Plaintiff's notice of representation letter was received by you or your insurers. REQUEST

No. 10: Copies of all certified public records and/or reports related to the incident made the basis of this suit pursuant to Tex.R.Evid. 803(8) and/or Rule 902(4) and/or Rule 1005.

REQUEST No. 11: Copies of all market reports, commercial publications, or published compilations

that you intend to offer into evidence pursuant to Tex.R.Evid. 803(17).

Plaintiff's First Requests for Production

REQUEST No. 12: Copies relevant portions of all learned treatises that you intend to offer into evidence pursuant to Tex.R.Evid. 803(18). REQUEST No. 13: Copies of all official publications that you intend to offer into evidence pursuant to Tex.R.Evid. 902(5). REQUEST No.14: Copies of all newspapers and periodicals related to the incident made the basis of this suit pursuant to Tex.R.Evid. 902(6). REQUEST No. 15: Copies of all summaries of evidence related to the incident made the basis of this suit pursuant to Tex.R.Evid. 1006. REQUEST No. 16: Pursuant to Texas Rule of Evidence 609, copies of any records regarding any conviction ofPlaintiff or any witness with knowledge of relevant facts for a felony or crime involving moral turpitude and any other documents regarding any criminal history the Plaintiff or any witness with knowledge of relevant facts may have. REQUEST No. 17: Copies of all medical records and bills you, your attorneys, or your insurers have regarding any medical treatment received by Plaintiff. REQUEST No. 18: Copies of all medical records or bills you, your attorneys, or your insurers have regarding any other injury or medical condition Plaintiff may have had before or after the incident made the basis of this suit REQUEST No.19: Copies of all your income tax returns, balance sheets, financial statements, and/or other documents indicating your net worth for the five-year period prior to the incident made the basis of this suit. REQUEST No. 20: Copies of all documents related to the reasonableness and necessity of Plaintiff's medical expenses incurred as a result of the incident made the basis of this lawsuit. REQUEST No. 21: Copies of all transcripts of depositions upon written questions taken by you in this case, and any documents obtained via the depositions upon written questions. This request is made pursuant to rule 203.3 of the Texas Rules of Civil Procedure, which provides that, "the party receiving the original deposition transcript or non-stenographic recording must make it available upon reasonable request for inspection and copying by any other party." REQUEST No. 22: Copies of all documents obtained by you with the use of authorizations signed by Plaintiff. This request is made pursuant to rule 194.2 of the Texas Rules of Civil Procedure, which provides that "all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party" must be produced. REQUEST No. 23: For any non-testifying, consulting expert witness whose mental impressions or opinions have been reviewed by any testifying expert in this cause, please provide copies of all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the consulting expert, and the consulting expert's current resume and
Plaintiffs First Requests for Production

oJ

bibliography.
REQUEST No. 24: Any and all settlement agreements with any person or entity related in any way to

the incident made the basis of this suit. This request is made pursuant to rule 192.3(g) of the Texas Rules of Civil Procedure.
REQUEST

No. 25: Any and all documents identified and/or referenced in your answers to interrogatories in this case.

REQUEST No. 26: Any and all exhibits that you intend to offer at the trial of this case. REQUEST No. 27: Any and all memos, reports and documents related to the incident and prepared by you prior to anticipation of litigation. REQUEST No. 28: Any and all non-privileged documents related to the status of the persons operating the roller-coaster at the time of the incident as an employee or independent contractor. REQUEST No. 29: Any and all memos, reports and documents related to the incident and prepared by

you prior to anticipation of litigation.


REQUEST No. 30: Copies of any records or documents relating to Plaintiffs' employment with any

individual or entity
REQUEST No. 31: All documents which support your contention, if any, that the incident made the basis of this suit resulted from the Plaintiffs own negligence or the negligence of another person or entity. REQUEST

No. 32: All Incident/Occurrence Reports and all addendums that pertain to the incident made the basis of this suit.

No. 33: Any and all documents reflecting any potential problem with the mechanical functioning of the roller-coaster at the time of the occurrence.
REQUEST REQUEST No. 34: Any and all documents reflecting the substance of every conversation your or any

of your agents and/or employees had or overheard at the scene ofthe occurrence.
REQUEST No. 35: Any and all contracts related to the operation of the roller-coaster and any of the trains used on the roller-coaster from June of 2002 through the date of the incident made the basis of this suit. REQUEST No. 36: Any and all contracts related to the maintenance of the roller-coaster and any of the

trains used on the roller-coaster from June of2002 through the date of the incident made the basis of this suit.
REQUEST No. 37: Any and all contracts related to the design of the roller-coaster and any of the trains

used on the roller-coaster from June of 2002 through the date of the incident made the basis of this
Plaintiffs First Requests for Production

suit.
REQUEST No. 38: The entire personnel files for the operators of the roller-coaster on the date ofthe

incident.
REQUEST

No. 39: The entire personnel file for the manager of the Six Flags Over Texas Park at Arlington on the date of the incident.

REQUEST No. 40: The entire personnel file for the safety director of the Six Flags Over Texas Park

at Arlington on the date of the incident.


REQUEST No. 41: A written job description for the operators of the roller-coaster on the date of the

incident.
REQUEST

No. 42: A written job description for the manager of the Six Flags Over Texas Park at Arlington on the date of the incident.

REQUEST No. 43: A written job description for the safety director of the Six Flags Over Texas Park

at Arlington on the date of the incident.


REQUEST No. 44: Any and all documents related to actions you took or directed to be taken, to guard

against the potential danger posed to riders of the roller-coaster before the date of the incident made the basis of this suit.
REQUEST No. 45: Any and all documents related to actions you took or directed to be taken, to guard

against the potential danger posed to riders of the roller-coaster after the date of the incident made the basis of this suit.
REQUEST

No. 46: Any and all documents related to any reports of any problems or safety issues related to the roller-coaster during the one year period preceding the date of the incident.

No. 47: Any and all documents related to any notice or warning that you provided, or directed to be provided, to any riders of the roller-coaster before the incident made the basis of this suit.
REQUEST

No. 48: Any and all documents related to any notice or warning that you provided, or directed to be provided, to any riders of the roller-coaster after the incident made the basis of this suit.
REQUEST REQUEST No. 49: Any and all documents related to any communication thatyouhad with any person

or entity concerning the potential installation of safety restraints, such as seat belts or shoulder restraints on the roller-coaster before the incident made the basis of this suit.
REQUEST No. 50: Any and all documents related to any communication that you had with any person

or entity concerning the potential installation of safety restraints, such as seat belts or shoulder restraints on the roller-coaster after the incident made the basis of this suit.

Plaintiffs First Requests for Production

REQUEST No. 51: Any and all documents related to the reasons why you failed to install seat belts or shoulder restraints on the roller-coaster before the incident made the basis of this suit. REQUEST No. 52: Any and all videotapes depicting the roller-coaster trip on the roller coaster during which Rosy Esparza was on the roller-coaster. REQUEST No. 53: Any and all documents related to maintenance on the roller-coaster during the one year period preceding the date of the incident. REQUEST No. 54: Any and all documents related to maintenance on the roller-coaster during the one year period preceding the date of the incident. REQUEST No. 55: Any and all documents related to operation of the ride on the date of the incident, including but not limited to operators' manuals. REQUEST No. 56: Any and all documents related to maintenance of the ride on the date of the incident, including but not limited to maintenance manuals. REQUEST No. 57: Any and all documents related to the design of the track of the roller-coaster and the roller-coaster train cars, before the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 58: Any and all documents related to the design of the track of the roller-coaster and the roller-coaster train cars, after the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 59: Any and all documents related to the "speed profile" of the roller-coaster, before the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 60: Any and all documents related to the "speed profile" of the roller-coaster, after the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 61: Any and all documents related to the training of employees to operate the rollercoaster, before the modification of the roller-coaster, on or about 2011, including but not limited to training manuals. REQUEST No. 62: Any and all documents related to the training of employees to operate the rollercoaster, after the modification of the roller-coaster, on or about 2011, including but not limited to training manuals. REQUEST No. 63: Any and all documents related to accelerometer traces of the roller-coaster, before the modification of the roller-coaster, on or about 2011. REQUEST No. 64: Any and all documents related to accelerometer traces of the roller-coaster, after
Plaintiff's First Requests for Production

the modification of the roller-coaster, on or about 2011.


REQUEST No. 65: Any and all documents related to computer fault codes, or the absence thereof, for the roller-coaster on the date of the incident. REQUEST No. 66: Any and all documents related to computer fault codes, or the absence thereof, for

the roller-coaster for the one year period preceding the date of the incident.
REQUEST No. 67: Any and all documents related to inspections of the roller-coaster during the one

year period preceding the date of the incident.


REQUEST No. 68:

Any and all documents related to inspections, modifications, and repairs of the roller-coaster after the date ofthe incident. Any and all documents related to the "commissioning document" completed by Six Flags at or near the time that the roller-coaster was handed over to Six Flags. The "AR-800 Document" filed with the Texas Department oflnsurance related

REQUEST No. 69:

REQUEST No. 70:

to the incident.
REQUEST No. 71:

Any and all documents related to prior complaints of any kind about the roller-

coaster.
REQUEST No. 72:

Any and all documents related to the training of your employees to operate the

roller-coaster.

Plaintiffs First Requests for Production

CAUSE NO. _ __ AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/n/f of Abraham Segovia; and RONAL SEGOVIA IN THE DISTRICT COURT

v. SIX FLAGS ENTERTAINMENT CORPORATION; SIX FLAGS THEME PARKS, INC.; TEXAS FLAGS, LTD.; and SIX FLAGS OVER TEXAS, INC.

- - JUDICIAL DISTRICT

TARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST INTERROGATORIES TO DEFENDANT SIX FLAGS THEME PARKS. INC

TO:

Defendant SIX FLAGS THEME PARKS, INC. Plaintiff, AMADO ESPARZA, Individually, serves the following written interrogatories on

Defendant SIX FLAGS THEME PARKS, INC., pursuantto rules 197.1, 197.2 and 197.3 of the Texas Rules of Civil Procedure.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

Respectfully submitted,

FRANKL. BRANSON Texas Bar No. 02899000 QUENTIN BROGDON Texas Bar No. 03054200 EUGENE A. "CHIP" BROOKER, JR. Texas Bar No. 24045558

Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 (214) 522-0200 (214) 521-5485 Fax
ATTORNEYS FOR PLAINTIFFS

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

DEFINITIONS

A. As used in these Interrogatories, the words "document" or "documents" are defined to include, but are not limited to, every writing or record of any type that is in your possession, custody, or control. A document is deemed to be within your control if you may obtain possession from any other person or public or private entity having physical possession thereof. "Document" includes, without limitation, those things defined to be documents in rule 192.3, TRCP, correspondence, memoranda, interoffice communications, hand written notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, audio recordings, video recordings, reports, surveys, accident reports, statistical compilations, work papers, data processing cards, computer tapes or printouts, and/or all copies of each which contain any other writing or recording of any kind which does not appear on the original or on any other copy. To the extent that the information exists within a computer or a computer recorded medium, you are requested to reduce the information to paper. B. As used in these Interrogatories, the term "identify" when used with reference to a document or documents, means to state for each document such information as:
(a) (b) (c) (d) (e)
(f)

(g)

(h)

Its nature, e.g., letter, memorandum, photographs, etc.: Its title or designation; The date it bears; The name, title, business affiliation, business and residence addresses of the person by whom the document was prepared; The name, title, business affiliation, business and residence addresses of persons to whom the document was directed; The subject matter of the document; A precise description of the place where such document is presently kept, including (i) the title or the description of the file in which such document(s) would be found; and (ii) the exact location of such file; The name, title business affiliation and business address of each person who presently has custody of such document or any copy thereof; and

C. As used in these Interrogatories, the word "person" shall be deemed to mean, in the plural as well as in the singular, any natural person, firm, association, partnership, corporation, or other form oflegal entity, as the case may be. D. As used in these Interrogatories, the term "identify" each "person" means to state, for each person such information as: (a) (b) (c) (d) His or her name; His or her current business affiliation, title and professional designation (e.g., M.D., R.N., L.V.N.); His or her current business and residence addresses; or if those be unknown, the last known address(es); The business affiliation, business address, correct title and professional designation of such person with respect to the business, organization or
3

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

entity

J~ which he or she was associated at the time of the occurrence.

E. As used in these Interrogatories, the term "Plaintiff'' or Plaintiffs", means the named Plaintiff or Plaintiffs in this case, whether bringing this suit individually or in any representative capacity. F. As used in the Interrogatories, the term "occurrence" is used interchangeably with the term "incident" and means the alleged occurrence or incident made the basis of this suit and all relevant dates alleged, including the alleged causes, however remote, of such occurrence or incident. Taken together, all relevant dates may be referred to as "occasion in question". G. As used in these Interrogatories, the term "You" or "Defendant", means the named defendant and any officers, employees, directors or agents acting for or on his/her/its behalf. H. "Incident made the basis of this suit" or "Incident" means the incident in question as referenced in Plaintiffs' live pleadings in this case.

I. "The roller-coaster" means the Texas Giant roller-coaster on which the incident made the basis of this suit occurred and any of the train cars operating on the roller-coaster.
INSTRUCTIONS
A. Response Date -- The answers and/or objections to these interrogatories must be served upon counsel for Plaintiff within fifty (50) days after service on Defendant. B. Supplementation-- These interrogatories require supplementation if you obtain further information between the time the answers are served and the time of trial. C. Complete Responses -- The answers to these interrogatories should be complete and candid. To the extent any information called for by these interrogatories is unknown to you, so state, and set forth whatever information you have regarding that interrogatory. If any estimate can reasonably be made, please set forth your best estimate, clearly designated as such. Privilege-- To the extent that any interrogatory calls for information that you D. believe to be privileged in any way, you must state that information or material responsive to the interrogatory has been withheld, which interrogatory or party of an interrogatory to which the information or material withheld relates, and the privilege(s) asserted.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORIES
INTERROGATORY No.1: Please identify yourself and all persons who assisted or provided

information in answering these interrogatories by providing full names, addresses, telephone numbers, employers and occupations.
ANSWER:

INTERROGATORY No.2: If you contend that any other person or entity, including Plaintiffs, may

be liable for all or part of Plaintiffs' claims, please identify each such person or entity by name, address, phone number, and please describe the facts supporting your contention.
ANSWER:

INTERROGATORY No.3:

Please provide, with respect to any communications and conversations you had with the Plaintiffs or Plaintiffs' representatives following the incident made the basis of this suit, the date(s) of the communication(s), the substance of the communication(s), and the names, addresses and telephone numbers of any witnesses to the communication(s).
ANSWER:

INTERROGATORY No.4: Pursuant to Ruie 609 of the Texas Ruies of Evidence, if you intend to

impeach Plaintiff or any person with knowledge of relevant facts with evidence of a criminal conviction, please provide the cause number, county and state of conviction, the date of conviction, and the type of crime.
ANSWER:

INTERROGATORY No.5: In accordance with Rule 192.3(e) of the Texas Rules of Civil Procedure, for any consulting expert whose mental impressions or opinions have been reviewed by a testifying expert, please provide the expert's name, address and telephone number; the subject matter on which the testifYing expert who has reviewed the consulting expert's mental impressions or opinions will testify; the facts known by the expert that relate to or form the basis of the expert's mental impressions and opinions formed or made in connection with the case (regardless of when and how the factual information was acquired); the expert's mental impressions and opinions formed or made in connection with the case, and any methods used to derive them; and any bias of the witness. ANSWER:

INTERROGATORY No.6: Please identify the insurance policies, including umbrella policies and
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT
5

excess policies, that could provide coverage for the incident(s) made basis of this suit. Please include issuing insurance companies, policy numbers, monetary limits of coverages, and specify whether or not any such policy is a "cannibalizing" or "self-wasting" policy in which costs of defense may reduce amounts paid to claimants.
ANSWER:

~e

INTERROGATORY No.7: With respect to all investigations of the incident(s) made the basis of this suit not conducted in anticipation of litigation, state the name(s), address(es), and telephone number(s) of the person(s) conducting the investigation(s), the reason(s) for the investigation(s), the names addresses and telephone numbers of the persons spoken to in connection with the investigation(s), the conclusions of the investigation(s), and identify all documents prepared as a result of the investigation(s). ANSWER:

INTERROGATORY

No.8: Please provide the full name(s), address(es), and telephone number(s) of your trial witnesses. This request is made pursuant to rule !92.3(d) of the Texas Rules of Civil Procedure.

ANSWER:

INTERROGATORY

No.9: If you have been asked to appear before or respond to any govermnental agency or body concerning the incident made the basis of this suit, please identify the agency(s) or other body, the nature of the inquiry, and the date(s) of the agency's or body's inquiries.

ANSWER:

No. 10: Please state the name, address, employer, employment position, and telephone number of all persons operating or working on the site of the roller-coaster on the date of the incident.
INTERROGATORY ANSWER:

INTERROGATORY No.ll: Please state the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the person(s), who last inspected the roller-coaster before the incident, the date and time of the inspection, and a description of any documents created in connection with such inspection(s). ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORY No.12: Please state any restrictions that you imposeJ on the date of the incdient

for riders of the roller-coaster (such as, e.g., height, weight, medical condition, etc.) and describe how those restrictions were communicated to potential riders of the roller-coaster.
ANSWER:

INTERROGATORY No.13: Please state the name(s), address(es), employer(s), employment

position(s), and telephone number(s) of the highest level manager on duty on the premises on which the incident occurred at the time that the incident occurred.
ANSWER:

INTERROGATORY No.14: With respect to any incident during the five year period preceding the

date of the incident made the basis of this suit, in which any person voiced any complaint about the roller-coaster, please provide the date(s) of the complaint, the name(s), address(es), and telephone number(s) of the person(s) making the complaint, and a brief factual description of the complaint(s).
ANSWER:

INTERROGATORY No. 15: With respect to the roller-coaster train car in which Rosy Esparza was

riding at the time of the incident, please provide the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the person(s) who last inspected and/or performed any maintenance on the car before the incident made the basis of this suit, the date and time of the inspection or maintenance, a description of the steps taken, and a brief description of any documents created in connection with the inspection or maintenance.
ANSWER:

INTERROGATORY No.16: With respect to all steps taken to ensure that riders of the roller-coaster

were not ejected from the roller-coaster, please provide the date and time of the steps, the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the person(s) who took the steps, and a brief description of the steps taken.
ANSWER:

INTERROGATORY No.17: Please describe your understanding concerning the cause of the incident made the basis of this suit. ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORY No. IS: Please provide the name(s), address(es), and employment position(s) of your employee with the most knowledge regarding the design of the roller-coaster. ANSWER:

INTERROGATORY No.19: Please provide the name(s), address(es), and employment position(s) of your employee with the most knowledge regarding the maintenance of the roller-coaster. ANSWER:

INTERROGATORY

No. 20: Please provide the name(s), address(es), and employment position(s) of

your employee with the most knowledge regarding the steps that you took to ensure that riders of the roller-coaster were not ejected from the roller-coaster.
ANSWER:

INTERROGATORY

No. 21: Please provide the name(s), address(es), and employment position(s) of

your employee with the highest level responsibilities for safety in the Six Flags Over Texas park in Arlington on the date of the incident.
ANSWER:

INTERROGATORY ANSWER:

No. 22: Please identify all industry and trade organizations to which you belong.

No. 23: For any incident in which anybody claims to have been injured while riding any roller-coaster in any of your amusement parks, please provide the name(s), address(es), and telephone number(s) of the person(s), the date of the incident, the location of the incident, and a brief description of the incident, including the nature ofthe claimed injuries.
INTERROGATORY ANSWER:

INTERROGATORY No. 24: Please provide the name(s), address(es), and employment position(s) of your employee(s) or contractors who performed any repairs, alterations or modifications to the roller-coaster after the date of the incident, the date(s) of the repairs or modifications, the nature of the repairs or modifications, and the purpose of the repairs or modifications. ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

CAUSE NO. _ __ AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/n/f of Abraham Segovia; and RONAL SEGOVIA

v. SIX FLAGS ENTERTAINMENT CORPORATION; SIX FLAGS THEME PARKS, INC.; TEXAS FLAGS, LTD.; and SIX FLAGS OVER TEXAS, INC.

IN THE DISTRICT COURT

- - JUDICIAL DISTRICT

TARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT SIX FLAGS THEME PARKS. INC.
TO: Defendant Six Flags Theme Parks, Inc. Plaintiff Amado Esparza, Individually, serves the following requests for production on Defendant Six Flags Theme Parks, Inc., pursuant to rule 196 of the Texas Rules of Civil Procedure.

PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION

Respectfully submitted,

Texas Bar No. 02899000 QUENTIN BROGDON Texas Bar No. 03054200 EUGENE A. "CHIP" BROOKER, JR. Texas Bar No. 24045558 Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 (214) 522-0200 (214) 521-5485 Fax

ATTORNEYS FOR PLAINTIFFS

Plaintiff's First Requests for Production

INSTRUCTIONS

1. Defendant shall produce all documents and materials described herein which are in his/her possession, custody or control, and permit inspection, copying, or reproduction thereof by Plaintiff, his/her attorneys, or other persons acting on his/her behalf, to Plaintiff's attorney at the Law Offices of FrankL. Branson, Highland Park Place, 4514 Cole Avenue, Suite 1800, Dallas, Texas 75205, at the time of filing of Defendant's responses to this Request for Production of Documents.
2. As used in these Interrogatories, the term "You" or "Defendant", means the named defendant(s) and any officers, employees, directors or agents acting for or on his/her/its behalf. 3. "Document" refers to and includes every writing or record of any type that is in your possession, custody, or control. A document is deemed to be within your control if you may obtain possession from any other person or public or private entity having physical possession thereof. "Document" includes, without limitation, correspondence, memoranda, interoffice communications, hand written notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, audio recordings, video recordings, reports, surveys, accident reports, statistical compilations, work papers, data processing cards, computer tapes or printouts, and/or all copies of each which contain any other writing or recording of any kind which does not appear on the original or on any other copy. To the extent that the information exists within a computer or a computer recorded medium, you are requested to reduce the information to paper copy. 4. "The roller-coaster" means the Texas Giant roller-coaster on which the incident made the basis of this suit occurred and any of the train cars operating on the roller-coaster. In those instances where the requested information is stored only on software or other data compilations, you should either produce the raw data along with all codes or programs for translating it into useable form or produce the information in a finished useable form, which would include all necessary glossaries, keys, and indices for interpretation of the material. 4. The documents produced in response to this document request shall be: (a) (b) organized and designated to correspond to the categories in the document request; or produced in a form that accurately reflects how they are maintained by Defendant in the normal course of business, including but not limited to the following: (i) that all associated file labels, file headings, and file folders be produced together with the respective documents for each file and that each file be identified as to its owner or custodian; (ii) that all pages now stapled or fastened together be produced stapled or fastened together; and (iii)that all documents which carmot be legibly copied be produced in their original form.

5. The terms "AND" and/or "OR" shall be construed either disjunctively or conjunctively whenever appropriate in order to bring within the scope of this document request any documents which might otherwise be considered beyond its scope.
Plaintiff's First Requests for Production

6. The singular form of a word shall be interpreted as plural and theplural form of a word shall be interpreted as singular whenever appropriate in order to bring within the scope of this document request any documents which might otherwise be considered to be beyond its scope. 7. Defendant shall include in his/her response to each request in this document request whether Defendant claims that any document responsive thereto has been lost or destroyed, is privileged or is otherwise unavailable. 8. Defendant shall not use claims of ambiguity in interpreting either this document request or a definition or instruction applicable thereto as a basis for refusing to respond, but shall instead set forth as part of the response the language deemed to be ambiguous and the interpretation chosen or used in responding to the particular request. 9. This document request is continuing as to require supplemental responses in accordance with Rule 193.5 of the Texas Rules of Civil Procedure if additional documents specified herein are obtained or discovered between the time of responding to this document request and the final disposition of this lawsuit I 0. In answering this Request for Production of Documents, Defendant is requested to furnish all information, including hearsay, in possession of Defendant's attorneys, agents, investigators, employees, independent contractors, and all other persons acting on behalf of Defendant, and not merely such information known or the personal knowledge of the person answering these Requests for Production. 11. If you object to any Request for Production or any portion thereof on the grounds that it requests information that is privileged or falls within the attorney work product doctrine, provide the following information, except as it may call for the precise information you object to disclosing: (a) (b) state the nature of the privilege or doctrine you claim; if a document is the subject of your claim of privilege or exemption from discovery, so state and further; (i) identify it; and (ii) identify all persons known to you who have seen the document; (iii)the title and number of the request to which the document is responsive; (iv) the date the document was prepared or otherwise originated; (v) the name of each person who signed or prepared the document; (vi) to whom the document was directed or addressed; (vii) the nature or character of the document; (viii) the name and last known address of the persons having possession, custody, or control of the document; (ix) the specific objection upon which you rely in refusing production of the document. If an oral communication is the subject of your claim of privilege or exemption from discovery, so state and further: (i) identify it; (ii) identify all persons known to you whom the substance of the oral

(c)

Plaintiffs First Requests for Production

(iii)s

communication has been disclosed; and tate whether any document records or refers to the communication and identify each such document.

12. Further, for those documents withheld on the basis of privilege, please place such documents in a sealed envelope and submit them to the Court for in-camera inspection.

Plaintiffs First Requests for Production

REQUESTS FOR PRODUCTION Please produce the following documents and things: Any and all photographs, video tapes, drawings, and sketches related to the incident made the basis of this suit.
REQUEST REQUEST No.1:

No. 2: Any and all insurance agreements or policies under which any person or entity carrying on an insurance business may be liable to satisfy part or all of a judgment which may be rendered in this action or to indemnify or reimburse payments made to satisfy any judgment related to the incident made the basis of this suit. This request is made pursuant to rule 192.3(f) of the Texas Rules of Civil Procedure. Any reservation of rights letter regarding your insurance coverage for the incident made the basis of this suit.

REQUEST No.3:

REQUEST No.4:

Copies of any written statements, transcripts and recordings of oral statements made by any Plaintiff concerning the subject matter of this lawsuit. This request is made pursuant to rule 194.3(h) of the Texas Rules of Civil Procedure, which provides that "any person may obtain, upon written request, his or her own statement concerning the lawsuit.. .. "

REQUEST

No.5: Statements of all persons with knowledge of relevant facts. This request is made pursuant to rule 194.3(h) of the Texas Rules of Civil Procedure, which provides that, "a party may obtain discovery of the statement of any person with knowledge of relevant facts-a 'witness statement'-regardless of when the statement was made."
REQUEST No.6:

A copy of any surveillance movies, video tapes, and photos of Plaintiffs.

REQUEST No.7: All formal and informal reports and documents prepared by an officer or employee of any governmental agency which pertain, in any way, to the incident made the basis of this suit.

All formal and informal reports and documents prepared by an officer or employee of any governmental agency which pertain, in any way, to the incident made the basis of this suit.
REQUEST No.9: All "claim file materials" from you or your insurers, including file notes, reports, communications, photographs, witness statements, recorded statements or recorded statement summaries, written statements, and other materials regarding the generated or received by you or your insurers prior to the date that the Plaintiffs notice of representation letter was received by you or your msurers.

REQUEST No.8:

No.lO: Copies of all certified public records and/or reports related to the incident made the basis of this suit pursuant to Tex.R.Evid. 803(8) and/or Rule 902(4) and/or Rule 1005.
REQUEST REQUEST No. 11: Copies of all market reports, commercial publications, or published compilations that you intend to offer into evidence pursuant to Tex.R.Evid. 803(17).

Plaintiffs First Requests for Production

REQUEST No. 12: Copies relevant portions of all learned treatises that you intend to offer into evidence pursuant to Tex.R.Evid. 803(18). REQUEST No.13: Copies of all official publications that you intend to offer into .evidence pursuant to Tex.R.Evid. 902(5). REQUEST No.14: Copies of all newspapers and periodicals related to the incident made the basis of this suit pursuant to Tex.R.Evid. 902(6). REQUEST No. 15: Copies of all summaries of evidence related to the incident made the basis of this suit pursuant to Tex.R.Evid. 1006. REQUEST No. 16: Pursuant to Texas Ru1e of Evidence 609, copies of any records regarding any conviction of Plaintiff or any witness with knowledge of relevant facts for a felony or crime involving moral turpitude and any other documents regarding any criminal history the Plaintiff or any witness with knowledge of relevant facts may have. REQUEST No. 17: Copies of all medical records and bills you, your attorneys, or your insurers have regarding any medical treatment received by Plaintiff. REQUEST No. 18: Copies of all medical records or bills you, your attorneys, or your insurers have regarding any other injury or medical condition Plaintiff may have had before or after the incident made the basis of this suit. REQUEST No.19: Copies of all your income tax returns, balance sheets, financial statements, and/or other documents indicating your net worth for the five-year period prior to the incident made the basis of this suit. REQUEST No. 20: Copies of all documents related to the reasonableness and necessity of Plaintiffs medical expenses incurred as a resu1t of the incident made the basis of this lawsuit. REQUEST No. 21: Copies of all transcripts of depositions upon written questions taken by you in this case, and any documents obtained via the depositions upon written questions. This request is made pursuant to rule 203.3 of the Texas Ru1es of Civil Procedure, which provides that, "the party receiving the original deposition transcript or non-stenographic recording must make it available upon reasonable request for inspection and copying by any other party." REQUEST No. 22: Copies of all documents obtained by you with the use of authorizations signed by Plaintiff. This request is made pursuant to ru1e 194.2 of the Texas Ru1es of Civil Procedure, which provides that "all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party" must be produced. REQUEST No. 23: For any non-testifying, consulting expert witness whose mental impressions or opinions have been reviewed by any testifying expert in this cause, please provide copies of all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the consu1ting expert, and the consulting expert's current resume and
Plaintiffs First Requests for Production

oJ

bibliography.
REQUEST No. 24: Any and all settlement agreements with any person or entity related in any way to

the incident made the basis of this suit This request is made pursuant to rule 192.3(g) of the Texas Ru1es of Civil Procedure.
REQUEST No. 25: Any and all documents identified and/or referenced in your answers to

interrogatories in this case.


REQUEST No. 26: Any and all exhibits that you intend to offer at the trial of this case. REQUEST No. 27: Any and all memos, reports and documents related to the incident and prepared by

you prior to anticipation of litigation.


REQUEST No. 28: Any and all non-privileged documents related to the status of the persons operating

the roller-coaster at the time of the incident as an employee or independent contractor.


REQUEST No. 29: Any and all memos, reports and documents related to the incident and prepared by

you prior to anticipation of litigation.


REQUEST No. 30: Copies of any records or documents relating to Plaintiffs' employment with any

individual or entity
REQUEST No. 31: All documents which support your contention, if any, that the incident made the

basis of this suit resu1ted from the Plaintiff's own negligence or the negligence of another person or entity.
REQUEST No. 32: All Incident/Occurrence Reports and all addendums that pertain to the incident

made the basis of this suit


REQUEST No. 33: Any and all documents reflecting any potential problem with the mechanical

functioning of the roller-coaster at the time of the occurrence.


REQUEST No. 34: Any and all documents reflecting the substance of every conversation your or any

of your agents and/or employees had or overheard at the scene ofthe occurrence.
REQUEST No. 35: Any and all contracts related to the operation of the roller-coaster and any of the

trains used on the roller-coaster from June of 2002 through the date of the incident made the basis of this suit.
REQUEST No. 36: Any and all contracts related to the maintenance of the roller-coaster and any of the

trains used on the roller-coaster from June of 2002 through the date of the incident made the basis of this suit.
REQUEST No. 37: Any and all contracts related to the design ofthe roller-coaster and any of the trains

used on the roller-coaster from June of2002 through the date of the incident made the basis of this
Plaintiff's First Requests for Production

suit.
REQUEST No. 38: The entire personnel files for the operators of the roller-coaster on the date of the

incident
REQUEST

No. 39: The entire personnel file for the manager of the Six Flags Over Texas Park at Arlington on the date of the incident.

No. 40: The entire personnel file for the safety director of the Six Flags Over Texas Park at Arlington on the date of the incident.
REQUEST REQUEST No. 41: A written job description for the operators of the roller-coaster on the date of the

incident.
REQUEST

No. 42: A written job description for the manager of the Six Flags Over Texas Park at Arlington on the date of the incident.

REQUEST No. 43: A written job description for the safety director of the Six Flags Over Texas Park

at Arlington on the date of the incident.


REQUEST No. 44: Any and all documents related to actions you took or directed to be taken, to guard

against the potential danger posed to riders of the roller-coaster before the date of the incident made the basis of this suit.
REQUEST No. 45: Any and all documents related to actions you took or directed to be taken, to guard

against the potential danger posed to riders of the roller-coaster after the date of the incident made the basis of this suit.
REQUEST No. 46: Any and all documents related to any reports of any problems or safety issues related to the roller-coaster during the one year period preceding the date of the incident.

No. 47: Any and all documents related to any notice or warning that you provided, or directed to be provided, to any riders of the roller-coaster before the incident made the basis of this suit.
REQUEST REQUEST No. 48: Any and all documents related to any notice or warning that you provided, or directed to be provided, to any riders of the roller-coaster after the incident made the basis of this suit. REQUEST No. 49: Any and all documents related to any communication that you had with any person

or entity concerning the potential installation of safety restraints, such as seat belts or shoulder restraints on the roller-coaster before the incident made the basis of this suit.
REQUEST No. 50: Any and all documents related to any communication that you had with any person

or entity concerning the potential installation of safety restraints, such as seat belts or shoulder restraints on the roller-coaster after the incident made the basis of this suit.

Plaintiffs First Requests for Production

REQUEST No. 51: Any and alt-aocuments related to the reasons why you failed to install seat belts or shoulder restraints on the roller-coaster before the incident made the basis of this suit. REQUEST No. 52: Any and all videotapes depicting the roller-coaster trip on the roller coaster during which Rosy Esparza was on the roller-coaster. REQUEST No. 53: Any and all documents related to maintenance on the roller-coaster during the one year period preceding the date of the incident. REQUEST NO. 54: Any and all documents related to maintenance on the roller-coaster during the one year period preceding the date of the incident. REQUEST No. 55: Any and all documents related to operation of the ride on the date of the incident, including but not limited to operators' manuals. REQUEST No. 56: Any and all documents related to maintenance of the ride on the date of the incident, including but not limited to maintenance manuals. REQUEST No. 57: Any and all documents related to the design of the track of the roller-coaster and the roller-coaster train cars, before the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 58: Any and all documents related to the design of the track of the roller-coaster and the roller-coaster train cars, after the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 59: Any and all documents related to the "speed profile" of the roller-coaster, before the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 60: Any and all documents related to the "speed profile" of the roller-coaster, after the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 61: Any and all documents related to the training of employees to operate the rollercoaster, before the modification of the roller-coaster, on or about 2011, including but not limited to training manuals. REQUEST No. 62: Any and all documents related to the training of employees to operate the rollercoaster, after the modification of the roller-coaster, on or about 2011, including but not limited to training manuals. REQUEST No. 63: Any and all documents related to accelerometer traces of the roller-coaster, before the modification of the roller-coaster, on or about 2011. REQUEST No. 64: Any and all documents related to accelerometer traces of the roller-coaster, after
Plaintiff's First Requests for Production

the modification of the roller-coaster, on or about 2011.


REQUEST No. 65: Any and all documents related to computer fault codes, or the absence thereof, for the roller-coaster on the date of the incident. REQUEST No. 66: Any and all documents related to computer fault codes, or the absence thereof, for the roller-coaster for the one year period preceding the date of the incident. REQUEST No. 67: Any and all documents related to inspections of the roller-coaster during the one

year period preceding the date of the incident.


REQUEST No. 68:

Any and all documents related to inspections, modifications, and repairs of the roller-coaster after the date of the incident.

REQUEST No. 69: Any and all documents related to the "commissioning document" completed by

Six Flags at or near the time that the roller-coaster was handed over to Six Flags.
REQUEST No. 70:

The "AR-800 Document" filed with the Texas Department oflnsurance related

to the incident.
REQUEST No. 71:

Any and all documents related to prior complaints of any kind about the roller-

coaster.
REQUEST No. 72:

Any and all documents related to the training of your employees to operate the

roller-coaster.

Plaintiff's First Requests for Production

CAUSE NO. _ __ AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/n/f of Abraham Segovia; and RONAL SEGOVIA

v.

SIX FLAGS ENTERTAINMENT CORPORATION; SIX FLAGS THEME PARKS, INC.; TEXAS FLAGS, LTD.; and SIX FLAGS OVER TEXAS, INC.

IN THE DISTRICT COURT

- - JUDICIAL DISTRICT

TARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST INTERROGATORIES TO DEFENDANT SIX FLAGS OVER TEXAS. INC.
TO: Defendant SIX FLAGS OVER TEXAS, INC. Plaintiff, AMADO ESPARZA, Individually, serves the following written interrogatories on Defendant SIX FLAGS OVER TEXAS, INC., pursuant to rules 197.1, 197.2 and 197.3 of the Texas Rules of Civil Procedure.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

Respectfully submitted,

FRANKL. BRAN ON Texas Bar No. 02899000 QUENTIN BROGDON Texas Bar No. 03054200 EUGENE A. "CIDP" BROOKER, JR. Texas Bar No. 24045558
Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 (214) 522-0200 (214) 521-5485 Fax

ATTORNEYS FOR PLAINTIFFS

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

DEFINITIONS
A. As used in these Interrogatories, the words "document" or "documents" are defined to include, but are not limited to, every writing or record of any type that is in your possession, custody, or control. A document is deemed to be within your control if you may obtain possession from any other person or public or private entity having physical possession thereof. "Document" includes, without limitation, those things defined to be documents in rule 192.3, TRCP, correspondence, memoranda, interoffice communications, hand written notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, audio recordings, video recordings, reports, surveys, accident reports, statistical compilations, work papers, data processing cards, computer tapes or printouts, and/or all copies of each which contain any other writing or recording of any kind which does not appear on the original or on any other copy. To the extent that the information exists within a computer or a computer recorded medium, you are requested to reduce the information to paper. B. As used in these Interrogatories, the term "identify" when used with reference to a document or documents, means to state for each document such information as: (a) (b) (c) (d) (e) (f) (g) Its nature, e.g., letter, memorandum, photographs, etc.: Its title or designation; The date it bears; The name, title, business affiliation, business and residence addresses of the person by whom the document was prepared; The name, title, business affiliation, business and residence addresses of persons to whom the document was directed; The subject matter of the document; A precise description of the place where such document is presently kept, including (i) the title or the description ofthe file in which such document(s) would be found; and (ii) the exact location of such file; The name, title business affiliation and business address of each person who presently has custody of such document or any copy thereof; and

(h)

C. As used in these Interrogatories, the word "person" shall be deemed to mean, in the plural as well as in the singular, any natural person, firm, association, partnership, corporation, or other form oflegal entity, as the case may be. As used in these Interrogatories, the term "identify" each "person" means to state, D. for each person such information as: (a) (b) (c) (d) His or her name; His or her current business affiliation, title and professional designation (e.g., M.D., R.N., L.V.N.); His or her current business and residence addresses; or if those be unknown, the last known address(es); The business affiliation, business address, correct title and professional designation of such person with respect to the business, organization or
3

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

entity wlth which he or she was associated at the ilme of the occurrence. E. As used in these Interrogatories, the term "Plaintiff' or Plaintiffs", means the named Plaintiff or Plaintiffs in this case, whether bringing this suit individually or in any representative capacity. F. As used in the Interrogatories, the term "occurrence" is used interchangeably with the term "incident" and means the alleged occurrence or incident made the basis of this suit and all relevant dates alleged, including the alleged causes, however remote, of such occurrence or incident. Taken together, all relevant dates may be referred to as "occasion in question". G. As used in these Interrogatories, the term "You" or "Defendant", means the named defendant and any officers, employees, directors or agents acting for or on his/her/its behalf. "Incident made the basis of this suit" or "Incident" means the incident in question as H. referenced in Plaintiffs' live pleadings in this case.
I. "The roller-coaster" means the Texas Giant roller-coaster on which the incident made the basis of this suit occurred and any of the train cars operating on the roller-coaster.

INSTRUCTIONS
A. Response Date -- The answers and/or objections to these interrogatories must be served upon counsel for Plaintiff within fifty (50) days after service on Defendant. B. Supplementation-- These interrogatories require supplementation if you obtain further information between the time the answers are served and the time of trial. C. Complete Responses -- The answers to these interrogatories should be complete and candid. To the extent any information called for by these interrogatories is unknown to you, so state, and set forth whatever information you have regarding that interrogatory. If any estimate can reasonably be made, please set forth your best estimate, clearly designated as such. D. Privilege-- To the extent that any interrogatory calls for information that you believe to be privileged in any way, you must state that information or material responsive to the interrogatory has been withheld, which interrogatory or party of an interrogatory to which the information or material withheld relates, and the privilege(s) asserted.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORIES
INTERROGATORY No.1: Please identify yourself and all persons who assisted or provided

information in answering these interrogatories by providing full names, addresses, telephone numbers, employers and occupations.
ANSWER:

INTERROGATORY No.2: If you contend that any other person or entity, including Plaintiffs, may be liable for all or part of Plaintiffs' claims, please identify each such person or entity by name, address, phone number, and please describe the facts supporting your contention. ANSWER:

INTERROGATORY No. 3: Please provide, with respect to any communications and conversations you had with the Plaintiffs or Plaintiffs' representatives following the incident made the basis of this suit, the date(s) of the communication(s), the substance of the communication(s), and the names, addresses and telephone numbers of any witnesses to the communication(s). ANSWER:

INTERROGATORY No.4: Pursuant to Rule 609 of the Texas Rules of Evidence, if you intend to

impeach Plaintiff or any person with knowledge of relevant facts with evidence of a criminal conviction, please provide the cause number, county and state of conviction, the date of conviction, and the type of crime.
ANSWER:

INTERROGATORY No.5: In accordance with Rule 192.3(e) of the Texas Rules of Civil Procedure,

for any consulting expert whose mental impressions or opinions have been reviewed by a testifying expert, please provide the expert's name, address and telephone number; the subject matter on which the testifying expert who has reviewed the consulting expert's mental impressions or opinions will testify; the facts known by the expert that relate to or form the basis of the expert's mental impressions and opinions formed or made in connection with the case (regardless of when and how the factual information was acquired); the expert's mental impressions and opinions formed or made in connection with the case, and any methods used to derive them; and any bias of the witness.
ANSWER:

INTERROGATORY No.6: Please identify the insurance policies, including umbrella policies and
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT
5

excess policies, that could provide coverage for the incident(s) made the basis of this suit. Please include issuing insurance companies, policy numbers, monetary limits of coverages, and specify whether or not any such policy is a "cannibalizing" or "self-wasting" policy in which costs of defense may reduce amounts paid to claimants.
ANSWER:

No.7: With respect to all investigations of the incident(s) made the basis of this suit not conducted in anticipation of litigation, state the name(s), address(es), and telephone number(s) ofthe person(s) conducting the investigation(s), the reason(s) for the investigation(s), the names addresses and telephone numbers of the persons spoken to in connection with the investigation(s), the conclusions of the investigation(s), and identify all documents prepared as a result of the investigation(s).
INTERROGATORY ANSWER:

INTERROGATORY No.8: Please provide the full name(s), address(es), and telephone number(s) of your trial witnesses. This request is made pursuant to rule 192.3(d) of the Texas Rules of Civil Procedure. ANSWER:

No.9: If you have been asked to appear before or respond to any governmental agency or body concerning the incident made the basis of this suit, please identify the agency(s) or other body, the nature of the inquiry, and the date(s) of the agency's or body's inquiries.
INTERROGATORY ANSWER:

No. 10: Please state the name, address, employer, employment position, and telephone number of all persons operating or working on the site of the roller-coaster on the date of the incident.
INTERROGATORY ANSWER:

No.ll: Please state the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the person(s), who last inspected the roller-coaster before the incident, the date and time of the inspection, and a description of any documents created in connection with such inspection(s).
INTERROGATORY ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

'
INTERROGATORY No.12: Jlease state any restrictions that you imposed on the date of the incdient

for riders of the roller-coaster (such as, e.g., height, weight, medical condition, etc.) and describe how those restrictions were communicated to potential riders of the roller-coaster.
ANSWER:

INTERROGATORY No.13: Please state the name(s), address(es), employer(s), employment

position(s), and telephone number(s) of the highest level manager on duty on the premises on which the incident occurred at the time that the incident occurred.
ANSWER:

INTERROGATORY No. 14: With respect to any incident during the five year period preceding the

date of the incident made the basis of this suit, in which any person voiced any complaint about the roller-coaster, please provide the date(s) of the complaint, the name(s), address(es), and telephone number(s) of the person(s) making the complaint, and a brieffactual description of the complaint(s).
ANSWER:

INTERROGATORY No. 15: With respect to the roller-coaster train car in which Rosy Esparza was

riding at the time of the incident, please provide the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the person(s) who last inspected and/or performed any maintenance on the car before the incident made the basis of this suit, the date and time of the inspection or maintenance, a description of the steps taken, and a brief description of any documents created in connection with the inspection or maintenance.
ANSWER:

INTERROGATORY No.16: With respect to all steps taken to ensure that riders of the roller-coaster

were not ejected from the roller-coaster, please provide the date and time of the steps, the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the person(s) who took the steps, and a brief description of the steps taken.
ANSWER:

INTERROGATORY No.17: Please describe your understanding concerning the cause of the incident

made the basis ofthis suit


ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORY No.l8: Jkase provide the name(s), address(es), and employment position(s) of your employee with the most knowledge regarding the design of the roller-coaster. ANSWER:

INTERROGATORY No.l9: Please provide the name(s), address(es), and employment position(s) of

your employee with the most knowledge regarding the maintenance of the roller-coaster.
ANSWER:

INTERROGATORY No. 20: Please provide the name(s), address(es), and employment position(s) of

your employee with the most knowledge regarding the steps that you took to ensure that riders of the roller-coaster were not ejected from the roller-coaster.
ANSWER:

INTERROGATORY No. 21: Please provide the name(s), address(es), and employment position(s) of

your employee with the highest level responsibilities for safety in the Six Flags Over Texas park in Arlington on the date of the incident.
ANSWER:

INTERROGATORY No. 22: Please identify all industry and trade organizations to which you belong. ANSWER:

INTERROGATORY No. 23: For any incident in which anybody claims to have been injured while riding any roller-coaster in any of your amusement parks, please provide the name(s), address(es), and telephone number(s) of the person(s), the date of the incident, the location of the incident, and a brief description of the incident, including the nature of the claimed injuries. ANSWER:

INTERROGATORY No. 24: Please provide the name(s), address(es), and employment position(s) of

your employee(s) or contractors who performed any repairs, alterations or modifications to the roller-coaster after the date ofthe incident, the date(s) of the repairs or modifications, the nature of the repairs or modifications, and the purpose of the repairs or modifications.
ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

CAUSE NO. _ __ AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/nlf of Abraham Segovia; and RONAL SEGOVIA IN THE DISTRICT COURT

v. SIX FLAGS ENTERTAINMENT CORPORATION; SIX FLAGS THEME PARKS, INC.; TEXAS FLAGS, LTD.; and SIX FLAGS OVER TEXAS, INC.

- - JUDICIAL DISTRICT

TARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT SIX FLAGS OVER TEXAS. INC. TO: Defendant Six Flags Over Texas, Inc. Plaintiff Amado Esparza, Individually, serves the following requests for production on Defendant Six Flags Over Texas, Inc., pursuant to rule 196 ofthe Texas Rules of Civil Procedure.

PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION

Respectfully submitted,

Texas Bar No. 02899000 QUENTIN BROGDON Texas Bar No. 03054200 EUGENE A. "CIDP" BROOKER, JR. Texas Bar No. 24045558 Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 (214) 522-0200 (214) 521-5485 Fax
ATTORNEYS FOR PLAINTIFFS

Plaintiffs First Requests for Production

INSTRUCTIONS
I. Defendant shall produce all documents and materials described herein which are in his/her possession, custody or control, and permit inspection, copying, or reproduction thereof by Plaintiff, his/her attorneys, or other persons acting on his/her behalf, to Plaintiffs attorney at the Law Offices of FrankL. Branson, Highland Park Place, 4514 Cole Avenue, Suite 1800, Dallas, Texas 75205, at the time of filing of Defendant's responses to this Request for Production of Documents. 2. As used in these Interrogatories, the term "You" or "Defendant", means the named defendant(s) and any officers, employees, directors or agents acting for or on his/her/its behalf. 3. "Document" refers to and includes every writing or record of any type that is in your possession, custody, or control. A document is deemed to be within your control if you may obtain possession from any other person or public or private entity having physical possession thereof. "Document" includes, without limitation, correspondence, memoranda, interoffice communications, hand written notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, audio recordings, video recordings, reports, surveys, accident reports, statistical compilations, work papers, data processing cards, computer tapes or printouts, and/or all copies of each which contain any other writing or recording of any kind which does not appear on the original or on any other copy. To the extent that the information exists within a computer or a computer recorded medium, you are requested to reduce the information to paper copy. 4. "The roller-coaster" means the Texas Giant roller-coaster on which the incident made the basis of this suit occurred and any of the train cars operating on the roller-coaster. In those instances where the requested information is stored only on software or other data compilations, you should either produce the raw data along with all codes or programs for translating it into useable form or produce the information in a finished useable form, which would include all necessary glossaries, keys, and indices for interpretation of the material. 4. The documents produced in response to this document request shall be: (a) (b) organized and designated to correspond to the categories in the document request; or produced in a form that accurately reflects how they are maintained by Defendant in the normal course of business, including but not limited to the following: (i) that all associated file labels, file headings, and file folders be produced together with the respective documents for each file and that each file be identified as to its owner or custodian; (ii) that all pages now stapled or fastened together be produced stapled or fastened together; and (iii)that all documents which cannot be legibly copied be produced in their original form.

5. The terms "AND" and/or "OR" shall be construed either disjunctively or conjunctively whenever appropriate in order to bring within the scope of this document request any documents which might otherwise be considered beyond its scope.
Plaintiffs First Requests for Production

6. The singular form ofaword shall be interpreted as plural and the plural form of a word shall be interpreted as singular whenever appropriate in order to bring within the scope of this document request any documents which might otherwise be considered to be beyond its scope. 7. Defendant shall include in his/her response to each request in this document request whether Defendant claims that any document responsive thereto has been lost or destroyed, is privileged or is otherwise unavailable. 8. Defendant shall not use claims of ambiguity in interpreting either this document request or a definition or instruction applicable thereto as a basis for refusing to respond, but shall instead set forth as part of the response the language deemed to be ambiguous and the interpretation chosen or used in responding to the particular request. 9. This document request is continuing as to require supplemental responses in accordance with Rule 193.5 ofthe Texas Rules of Civil Procedure if additional documents specified herein are obtained or discovered between the time of responding to this document request and the fmal disposition of this lawsuit. 10. In answering this Request for Production of Documents, Defendant is requested to furnish all information, including hearsay, in possession of Defendant's attorneys, agents, investigators, employees, independent contractors, and all other persons acting on behalf of Defendant, and not merely such information known or the personal knowledge of the person answering these Requests for Production. 11. If you object to any Request for Production or any portion thereof on the grounds that it requests information that is privileged or falls within the attorney work product doctrine, provide the following information, except as it may call for the precise information you object to disclosing: (a) (b) state the nature of the privilege or doctrine you claim; if a document is the subject of your claim of privilege or exemption from discovery, so state and further; (i) identify it; and (ii) identify all persons known to you who have seen the document; (iii)the title and number of the request to which the document is responsive; (iv) the date the document was prepared or otherwise originated; (v) the name of each person who signed or prepared the document; (vi) to whom the document was directed or addressed; (vii) the nature or character of the document; (viii) the name and last known address of the persons having possession, custody, or control of the document; (ix) the specific objection upon which you rely in refusing production of the document. If an oral communication is the subject of your claim of privilege or exemption from discovery, so state and further: (i) identify it; (ii) identify all persons known to you whom the substance of the oral

(c)

Plaintiffs First Requests for Production

(iii)s

communication has been disclosed; and tate whether any document records or refers to the communication and identify each such document.

12. Further, for those documents withheld on the basis of privilege, please place such documents in a sealed envelope and submit them to the Court for in-camera inspection.

Plaintiff's First Requests for Production

REQUESTS FOR PRODUCTION


Please produce the following documents and things:
REQUEST No.1:

Any and all photographs, video tapes, drawings, and sketches related to the incident made the basis of this suit.

No. 2: Any and all insurance agreements or policies under which any person or entity carrying on an insurance business may be liable to satisfy part or all of a judgment which may be rendered in this action or to indemnify or reimburse payments made to satisfy any judgment related to the incident made the basis of this suit. This request is made pursuant to rule 192.3(f) of the Texas Rules of Civil Procedure.
REQUEST

No.3: Any reservation of rights letter regarding your insurance coverage for the incident made the basis of this suit.
REQUEST REQUEST No.4:

Copies of any written statements, transcripts and recordings of oral statements made by any Plaintiff concerning the subject matter of this lawsuit. This request is made pursuant to rule 194.3(h) of the Texas Rules of Civil Procedure, which provides that "any person may obtain, upon written request, his or her own statement concerning the lawsuit.. .."

No.5: Statements of all persons with knowledge of relevant facts. This request is made pursuant to rule 194.3(h) of the Texas Rules of Civil Procedure, which provides that, "a party may obtain discovery of the statement of any person with knowledge of relevant facts-a 'witness statement'-regardless of when the statement was made."
REQUEST REQUEST

No.6: A copy of any surveillance movies, video tapes, and photos of Plaintiffs.

REQUEST No.7:

All formal and informal reports and documents prepared by an officer or employee of any governmental agency which pertain, in any way, to the incident made the basis of this suit.
REQUEST No.8:

All formal and informal reports and documents prepared by an officer or employee of any governmental agency which pertain, in any way, to the incident made the basis of this suit. No.9: All "claim file materials" from you or your insurers, including file notes, reports, communications, photographs, witness statements, recorded statements or recorded statement summaries, written statements, and other materials regarding the generated or received by you or your insurers prior to the date that the Plaintiff's notice of representation letter was received by you or your insurers.
REQUEST REQUEST

No. 10: Copies of all certified public records and/or reports related to the incident made the basis of this suit pursuant to Tex.R.Evid. 803(8) and/or Rule 902(4) and/or Rule 1005.

REQUEST No. 11: Copies of all market reports, commercial publications, or published compilations that you intend to offer into evidence pursuant to Tex.R.Evid. 803(17).

Piaintiff's First Requests for Production

REQUEST No. 12: Copies of relevant portions of all learned treatises that you intend to offer into evidence pursuant to Tex.R.Evid. 803(18). REQUEST No. 13: Copies of all official publications that you intend to offer into evidence pursuant to Tex.R.Evid. 902(5). REQUEST No. 14: Copies of all newspapers and periodicals related to the incident made the basis of this suit pursuant to Tex.R.Evid. 902(6). REQUEST No. 15: Copies of all summaries of evidence related to the incident made the basis of this suit pursuant to Tex.R.Evid. 1006. REQUEST No. 16: Pursuant to Texas Rule of Evidence 609, copies of any records regarding any conviction of Plaintiff or any witness with knowledge of relevant facts for a felony or crime involving moral turpitude and any other documents regarding any criminal history the Plaintiff or any witness with knowledge of relevant facts may have. REQUEST No. 17: Copies of all medical records and bills you, your attorneys, or your insurers have regarding any medical treatment received by Plaintiff. REQUEST No. 18: Copies of all medical records or bills you, your attorneys, or your insurers have regarding any other injury or medical condition Plaintiff may have had before or after the incident made the basis of this suit. REQUEST No.19: Copies of all your income tax returns, balance sheets, financial statements, and/or other documents indicating your net worth for the five-year period prior to the incident made the basis of this suit. REQUEST No. 20: Copies of all documents related to the reasonableness and necessity of Plaintiff's medical expenses incurred as a result of the incident made the basis of this lawsuit. REQUEST No. 21: Copies of all transcripts of depositions upon written questions taken by you in this case, and any documents obtained via the depositions upon written questions. This request is made pursuant to rule 203.3 ofthe Texas Rules of Civil Procedure, which provides that, "the party receiving the original deposition transcript or non-stenographic recording must make it available upon reasonable request for inspection and copying by any other party." REQUEST No. 22: Copies of all documents obtained by you with the use of authorizations signed by Plaintiff. This request is made pursuant to rule 194.2 of the Texas Ru1es of Civil Procedure, which provides that "all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party" must be produced. REQUEST No. 23: For any non-testifying, consulting expert witness whose mental impressions or opinions have been reviewed by any testifying expert in this cause, please provide copies of all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the consulting expert, and the consu1ting expert's current resume and
Plaintiffs First Requests for Production

bibliography.
REQUEST No. 24: Any and all settlement agreements with any person or entity related in any way to

the incident made the basis of this suit. This request is made pursuant to rule 192.3(g) of the Texas Ru1es of Civil Procedure.
REQUEST

No. 25: Any and all documents identified and/or referenced in your answers to

interrogatories in this case.


REQUEST No. 26: Any and all exhibits that you intend to offer at the trial of this case. REQUEST No. 27: Any and all memos, reports and documents related to the incident and prepared by

you prior to anticipation of litigation.


REQUEST No. 28: Any and all non-privileged documents related to the status of the persons operating

the roller-coaster at the time of the incident as an employee or independent contractor.


REQUEST No. 29: Any and all memos, reports and documents related to the incident and prepared by

you prior to anticipation of litigation.


REQUEST No. 30: Copies of any records or documents relating to Plaintiffs' employment with any

individual or entity
REQUEST

No. 31: All documents which support your contention, if any, that the inc_ident made the basis of this suit resulted from the Plaintiffs own negligence or the negligence of another person or entity.
REQUEST

No. 32: All Incident/Occurrence Reports and all addendums that pertain to the incident

made the basis of this suit.


REQUEST No. 33: Any and all documents reflecting any potential problem with the mechanical functioning of the roller-coaster at the time of the occurrence. REQUEST No. 34: Any and all documents reflecting the substance of every conversation your or any

of your agents and/or employees had or overheard at the scene of the occurrence.
REQUEST

No. 35: Any and all contracts related to the operation of the roller-coaster and any of the

trains used on the roller-coaster from June of 2002 through the date of the incident made the basis of this suit.
REQUEST No. 36: Any and all contracts related to the maintenance of the roller-coaster and any of the

trains used on the roller-coaster from June of2002 through the date of the incident made the basis of this suit.
REQUEST No. 37: Any and all contracts related to the design of the roller-coaster and any of the trains

used on the roller-coaster from June of 2002 through the date of the incident made the basis of this
Plaintiff's First Requests for Production

suit.
REQUEST No. 38: The entire personnel files for the operators of the roller-coaster on the date of the

incident.
REQUEST No. 39: The entire personnel file for the manager of the Six Flags Over Texas Park at

Arlington on the date of the incident.


REQUEST No. 40: The entire personnel file for the safety director of the Six Flags Over Texas Park at Arlington on the date of the incident. REQUEST No. 41: A written job description for the operators of the roller-coaster on the date of the

incident.
REQUEST No. 42: A written job description for the manager of the Six Flags Over Texas Park at

Arlington on the date of the incident.


REQUEST No. 43: A written job description for the safety director of the Six Flags Over Texas Park

at Arlington on the date of the incident.


REQUEST No. 44: Any and all documents related to actions you took or directed to be taken, to guard

against the potential danger posed to riders of the roller-coaster before the date of the incident made the basis of this suit.
REQUEST No. 45: Any and all documents related to actions you took or directed to be taken, to guard

against the potential danger posed to riders of the roller-coaster after the date of the incident made the basis ofthis suit.
REQUEST No. 46:

Any and all documents related to any reports of any problems or safety issues related to the roller-coaster during the one year period preceding the date of the incident. Any and all documents related to any notice or warning that you provided, or directed to be provided, to any riders of the roller-coaster before the incident made the basis of this suit.

REQUEST No. 47:

REQUEST No. 48: Any and all documents related to any notice or warning that you provided, or directed to be provided, to any riders of the roller-coaster after the incident made the basis of this suit. REQUEST No. 49: Any and all documents related to any communication that you had with any person or entity concerning the potential installation of safety restraints, such as seat belts or shoulder restraints on the roller-coaster before the incident made the basis of this suit. REQUEST NO. 50: Any and all documents related to any communication that you had with any person

or entity concerning the potential installation of safety restraints, such as seat belts or shoulder restraints on the roller-coaster after the incident made the basis of this suit.

Plaintiff's First Requests for Production

REQUEST No. 51: Any and documents related to the reasons why you failed to install seat belts or shoulder restraints on the roller-coaster before the incident made the basis of this suit. REQUEST No. 52: Any and all videotapes depicting the roller-coaster trip on the roller coaster during which Rosy Esparza was on the roller-coaster. REQUEST No. 53: Any and all documents related to maintenance on the roller-coaster during the one

J[

year period preceding the date of the incident.


REQUEST No. 54: Any and all documents related to maintenance on the roller-coaster during the one year period preceding the date of the incident. REQUEST No. 55: Any and all documents related to operation of the ride on the date of the incident,

including but not limited to operators' manuals.


REQUEST No. 56:

Any and all documents related to maintenance of the ride on the date of the incident, including but not limited to maintenance manuals.

REQUEST No. 57: Any and all documents related to the design of the track of the roller-coaster and

the roller-coaster train cars, before the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence.
REQUEST No. 58: Any and all documents related to the design of the track of the roller-coaster and

the roller-coaster train cars, after the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence.
REQUEST No. 59: Any and all documents related to the "speed profile" of the roller-coaster, before

the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence.
REQUEST No. 60:

Any and all documents related to the "speed profile" of the roller-coaster, after the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence.

REQUEST No. 61: Any and all documents related to the training of employees to operate the roller-

coaster, before the modification of the roller-coaster, on or about 2011, including but not limited to training manuals.
REQUEST No. 62: Any and all documents related to the training of employees to operate the roller-

coaster, after the modification of the roller-coaster, on or about 2011, including but not limited to training manuals.
REQUEST No. 63: Any and all documents related to accelerometer traces of the roller-coaster, before the modification of the roller-coaster, on or about 2011. REQUEST No. 64: Any and all documents related to accelerometer traces of the roller-coaster, after
Plaintiffs First Requests for Production

the modification of the roller-coaster, on or about 2011.


REQUEST No. 65: Any and all documents related to computer fault codes, or the absence thereof, for

the roller-coaster on the date of the incident.


REQUEST No. 66: Any and all documents related to computer fault codes, or the absence thereof, for the roller-coaster for the one year period preceding the date of the incident. REQUEST No. 67: Any and all documents related to inspections of the roller-coaster during the one

year period preceding the date of the incident.


REQUEST No. 68:

Any and all documents related to inspections, modifications, and repairs of the roller-coaster after the date ofthe incident.

REQUEST No. 69: Any and all documents related to the "commissioning document" completed by

Six Flags at or near the time that the roller-coaster was handed over to Six Flags.
REQUEST No. 70:

The "AR-800 Document" filed with the Texas Department oflnsurance related

to the incident.
REQUEST

No. 71: Any and all documents related to prior complaints of any kind about the roller-

coaster.
REQUEST

No. 72: Any and all documents related to the training of your employees to operate the

roller-coaster.

Plaintiffs First Requests for Production

CAUSE NO. _ __ AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/nlf of Abraham Segovia; and RONAL SEGOVIA IN THE DISTRICT COURT

v.

JUDICIAL DISTRICT

SIX FLAGS ENTERTAINMENT CORPORATION; SIX FLAGS THEME PARKS, INC.; TEXAS FLAGS, LTD.; and SIX FLAGS OVER TEXAS, INC.

TARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST INTERROGATORIES TO DEFENDANT SIX FLAGS ENTERTAINMENT CORPORATION
TO: Defendant SIX FLAGS ENTERTAINMENT CORPORATION Plaintiff, AMADO ESPARZA, Individually, serves the following written interrogatories on Defendant SIX FLAGS ENTERTAINMENT CORPORATION, pursuant to rules 197.1, 197.2 and 197.3 ofthe Texas Rules of Civil Procedure.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

Respectfully submitted,

Texas Bar No. 02899000 QUENTIN BROGDON Texas Bar No. 03054200 EUGENE A. "CHIP" BROOKER, JR. Texas Bar No. 24045558 Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 (214) 522-0200 (214) 521-5485 Fax
ATTORNEYS FOR PLAINTIFFS

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

DEFINITIONS
A. As used in these Interrogatories, the words "document" or "documents" are defined to include, but are not limited to, every writing or record of any type that is in your possession, custody, or control. A document is deemed to be within your control if you may obtain possession from any other person or public or private entity having physical possession thereof. "Document" includes, without limitation, those things defined to be documents in rule 192.3, TRCP, correspondence, memoranda, interoffice communications, hand written notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, audio recordings, video recordings, reports, surveys, accident reports, statistical compilations, work papers, data processing cards, computer tapes or printouts, and/or all copies of each which contain any other writing or recording of any kind which does not appear on the original or on any other copy. To the extent that the information exists within a computer or a computer recorded medium, you are requested to reduce the information to paper. B. As used in these Interrogatories, the term "identify" when used with reference to a document or documents, means to state for each document such information as: (a) (b) (c) (d) (e) (f) (g) Its nature, e.g., letter, memorandum, photographs, etc.: Its title or designation; The date it bears; The name, title, business affiliation, business and residence addresses of the person by whom the document was prepared; The name, title, business affiliation, business and residence addresses of persons to whom the document was directed; The subject matter ofthe document; A precise description of the place where such document is presently kept, including (i) the title or the description of the file in which such document(s) would be found; and (ii) the exact location of such file; The name, title business affiliation and business address of each person who presently has custody of such document or any copy thereof; and

(h)

C. As used in these Interrogatories, the word "person" shall be deemed to mean, in the plural as well as in the singular, any natural person, firm, association, partnership, corporation, or other form oflegal entity, as the case may be. D. As used in these Interrogatories, the term "identify" each "person" means to state, for each person such information as: (a) (b) (c) (d) His or her name; His or her current business affiliation, title and professional designation (e.g., M.D., R.N., L.V.N.); His or her current business and residence addresses; or ifthose be unknown, the last known address(es); The business affiliation, business address, correct title and professional designation of such person with respect to the business, organization or
3

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

entity Jtl which he or she was associated at the time of the occurrence. E. As used in these Interrogatories, the term "Plaintiff' or Plaintiffs", means the named Plaintiff or Plaintiffs in this case, whether bringing this suit individually or in any representative capacity. F. As used in the Interrogatories, the term "occurrence" is used interchangeably with the term "incident" and means the alleged occurrence or incident made the basis of this suit and all relevant dates alleged, including the alleged causes, however remote, of such occurrence or incident. Taken together, all relevant dates may be referred to as "occasion in question". G. As used in these Interrogatories, the term "You" or "Defendant", means the named defendant and any officers, employees, directors or agents acting for or on his/her/its behalf. H. "Incident made the basis ofthis suit" or "Incident" means the incident in question as referenced in Plaintiffs' live pleadings in this case.
I. "The roller-coaster" means the Texas Giant roller-coaster on which the incident made the basis of this suit occurred and any of the train cars operating on the roller-coaster.

INSTRUCTIONS

A. Response Date -- The answers and/or objections to these interrogatories must be served upon counsel for Plaintiff within fifty (50) days after service on Defendant.
B. Supplementation -- These interrogatories require supplementation if you obtain further information between the time the answers are served and the time of trial. C. Complete Responses -- The answers to these interrogatories should be complete and candid. To the extent any information called for by these interrogatories is unknown to you, so state, and set forth whatever information you have regarding that interrogatory. If any estimate can reasonably be made, please set forth your best estimate, clearly designated as such. D. Privilege -- To the extent that any interrogatory calls for information that you believe to be privileged in any way, you must state that information or material responsive to the interrogatory has been withheld, which interrogatory or party of an interrogatory to which the information or material withheld relates, and the privilege(s) asserted.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORIES
INTERROGATORY No.1: Please identify yourself and all persons who assisted or provided

information in answering these interrogatories by providing full names, addresses, telephone numbers, employers and occupations.
ANSWER:

INTERROGATORY No.2: If you contend that any other person or entity, including Plaintiffs, may

be liable for all or part of Plaintiffs' claims, please identify each such person or entity by name, address, phone number, and please describe the facts supporting your contention.
ANSWER:

Please provide, with respect to any communications and conversations you had with the Plaintiffs or Plaintiffs' representatives following the incident made the basis of this suit, the date(s) of the communication(s), the substance of the communication(s), and the names, addresses and telephone numbers of any witnesses to the communication(s).
ANSWER:

INTERROGATORY No.3:

INTERROGATORY No.4: Pursuant to RuJe 609 ofthe Texas RuJes of Evidence, if you intend to impeach Plaintiff or any person with knowledge of relevant facts with evidence of a criminal conviction, please provide the cause number, county and state of conviction, the date of conviction, and the type of crime. ANSWER:

INTERROGATORY No.5: In accordance with RuJe 192.3(e) of the Texas Rules of Civil Procedure, for any consulting expert whose mental impressions or opinions have been reviewed by a testifying expert, please provide the expert's name, address and telephone number; the subject matter on which the testifying expert who has reviewed the consulting expert's mental impressions or opinions will testify; the facts known by the expert that relate to or form the basis of the expert's mental impressions and opinions formed or made in connection with the case (regardless of when and how the factual information was acquired); the expert's mental impressions and opinions formed or made in connection with the case, and any methods used to derive them; and any bias of the witness. ANSWER:

INTERROGATORY No.6:

Please identify the insurance policies, including umbrella policies and


5

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

excess policies, that could provide coverage for the incident(s) made of this suit. Please include issuing insurance companies, policy numbers, monetary limits of coverages, and specify whether or not any such policy is a "cannibalizing" or "self-wasting" policy in which costs of defense may reduce amounts paid to claimants.
ANSWER:

~e ~asis

INTERROGATORY

No.7: With respect to all investigations ofthe incident(s) made the basis of

this suit not conducted in anticipation of litigation, state the name(s), address(es), and telephone number(s) of the person(s) conducting the investigation(s), the reason(s) for the investigation(s), the names addresses and telephone numbers of the persons spoken to in connection with the investigation(s), the conclusions of the investigation(s), and identify all documents prepared as a result of the investigation(s).
ANSWER:

INTERROGATORY

No.8: Please provide the full name(s), address(es), and telephone number(s)

of your trial witnesses. This request is made pursuant to rule 192.3(d) of the Texas Rules of Civil Procedure.
ANSWER:

INTERROGATORY No.9: If you have been asked to appear before or respond to any governmental agency or body concerning the incident made the basis of this suit, please identify the agency(s) or other body, the nature of the inquiry, and the date(s) of the agency's or body's inquiries. ANSWER:

INTERROGATORY No.lO: Please state the name, address, employer, employment position, and telephone number of all persons operating or working on the site of the roller-coaster on the date of the incident. ANSWER:

INTERROGATORY

No.ll: Please state the name(s), address(es), employer(s), employment

position(s), and telephone number(s) of the person(s), who last inspected the roller-coaster before the incident, the date and time of the inspection, and a description of any documents created in connection with such inspection(s).
ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORY No. 12: Please state any restrictions that you imposed on the date of the incdient for riders of the roller-coaster (such as, e.g., height, weight, medical condition, etc.) and describe how those restrictions were communicated to potential riders of the roller-coaster. ANSWER:

INTERROGATORY No.13: Please state the name(s), address(es), employer(s), employment

position(s), and telephone number(s) of the highest level manager on duty on the premises on which the incident occurred at the time that the incident occurred.
ANSWER:

INTERROGATORY No.14: With respect to any incident during the five year period preceding the

date of the incident made the basis of this suit, in which any person voiced any complaint about the roller-coaster, please provide the date(s) ofthe complaint, the name(s), address(es), and telephone number(s) ofthe person(s) making the complaint, and a brief factual description of the complaint(s).
ANSWER:

INTERROGATORY No. 15: With respect to the roller-coaster train car in which Rosy Esparza was

riding at the time of the incident, please provide the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the person(s) who last inspected and/or performed any maintenance on the car before the incident made the basis of this suit, the date and time of the inspection or maintenance, a description of the steps taken, and a brief description of any documents created in connection with the inspection or maintenance.
ANSWER:

INTERROGATORY No.16: With respect to all steps taken to ensure that riders of the roller-coaster

were not ejected from the roller-coaster, please provide the date and time of the steps, the name(s), address(es), employer(s), employment position(s), and telephone number(s) of the person(s) who took the steps, and a brief description of the steps taken.
ANSWER:

INTERROGATORY No.17: Please describe your understanding concerning the cause of the incident made the basis of this suit. ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INTERROGATORY ANSWER:

No.l8: Please provide the name(s), address(es), and employment position(s) of your employee with the most knowledge regarding the design of the roller-coaster.

INTERROGATORY No.l9: Please provide the name(s), address(es), and employment position(s) of your employee with the most knowledge regarding the maintenance of the roller-coaster. ANSWER:

No. 20: Please provide the narne(s), address(es), and employment position(s) of your employee with the most knowledge regarding the steps that you took to ensure that riders of the roller-coaster were not ejected from the roller-coaster.
INTERROGATORY ANSWER:

INTERROGATORY No. 21: Please provide the narne(s), address(es), and employment position(s) of your employee with the highest level responsibilities for safety in the Six Flags Over Texas park in Arlington on the date of the incident. ANSWER:

INTERROGATORY No. 22: Please identify all industry and trade organizations to which you belong. ANSWER:

No. 23: For any incident in which anybody claims to have been injured while riding any roller-coaster in any of your amusement parks, please provide the name(s), address(es), and telephone number(s) of the person(s), the date of the incident, the location of the incident, and a brief description of the incident, including the nature of the claimed injuries.
INTERROGATORY ANSWER:

INTERROGATORY No. 24: Please provide the narne(s), address(es), and employment position(s) of your employee(s) or contractors who performed any repairs, alterations or modifications to the roller-coaster after the date of the incident, the date(s) of the repairs or modifications, the nature of the repairs or modifications, and the purpose of the repairs or modifications. ANSWER:

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

CAUSE NO. _ __ AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESP AE.ZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/n/f of Abraham Segovia; and RONAL SEGOVIA IN THE DISTRICT COURT

v.

- - JUDICIAL DISTRICT

SIX FLAGS ENTERTAINMENT CORPORATION; SIX FLAGS THEME PARKS, INC.; TEXAS FLAGS, LTD.; and SIX FLAGS OVER TEXAS, INC.

TARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT SIX FLAGS ENTERTAINMENT CORPORATION

TO:

Defendant Six Flags Entertainment Corporation Plaintiff Amado Esparza, Individually, serves the following requests for production on

Defendant Six Flags Entertainment Corporation, pursuant to rule 196 of the Texas Rules of Civil Procedure.

PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION

Respectfully submitted,

Texas Bar No. 02899000

QUENTIN BROGDON
Texas Bar No. 03054200

EUGENE A. "CHIP" BROOKER, JR.


Texas Bar No. 24045558 Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 (214) 522-0200 (214) 521-5485 Fax

ATTORNEYS FOR PLAINTIFFS

Plaintiff's First Requests for Production

INSTRUCTIONS
1. Defendant shall produce all documents and materials described herein which are in his/her possession, custody or control, and permit inspection, copying, or reproduction thereof by Plaintiff, his/her attorneys, or other persons acting on his/her behalf, to Plaintiff's attorney at the Law Offices of FrankL. Branson, Highland Park Place, 4514 Cole Avenue, Suite 1800, Dallas, Texas 75205, at the time of filing of Defendant's responses to this Request for Production of Documents. 2. As used in these Interrogatories, the term "You" or "Defendant", means the named defendant(s) and any officers, employees, directors or agents acting for or on his/her/its behalf. 3. "Document" refers to and includes every writing or record of any type that is in your possession, custody, or control. A document is deemed to be within your control if you may obtain possession from any other person or public or private entity having physical possession thereof. "Document" includes, without limitation, correspondence, memoranda, interoffice communications, hand written notes, drafts, studies, publications, invoices, ledgers, journals, books, records, accounts, pamphlets, audio recordings, video recordings, reports, surveys, accident reports, statistical compilations, work papers, data processing cards, computer tapes or printouts, and/or all copies of each which contain any other writing or recording of any kind which does not appear on the original or on any other copy. To the extent that the information exists within a computer or a computer recorded medium, you are requested to reduce the information to paper copy. 4. "The roller-coaster" means the Texas Giant roller-coaster on which the incident made the basis of this suit occurred and any of the train cars operating on the roller-coaster.

In those instances where the requested information is stored only on software or other data
compilations, you should either produce the raw data along with all codes or programs for translating it into useable form or produce the information in a finished useable form, which would include all necessary glossaries, keys, and indices for interpretation of the material. 4. The documents produced in response to this document request shall be: (a) (b) organized and designated to correspond to the categories in the document request; or produced in a form that accurately reflects how they are maintained by Defendant in the normal course of business, including but not limited to the following: (i) that all associated file labels, file headings, and file folders be produced together with the respective documents for each file and that each file be identified as to its owner or custodian; (ii) that all pages now stapled or fastened together be produced stapled or fastened together; and (iii)that all documents which cannot be legibly copied be produced in their original form.

5. The terms "AND" and/or "OR" shall be construed either disjunctively or conjunctively whenever appropriate in order to bring within the scope of this document request any documents which might otherwise be considered beyond its scope.
Plaintiff's First Requests for Production

6. The singular form ofaword shall be interpreted as plural and the plural form of a word shall be interpreted as singular whenever appropriate in order to bring within the scope of this document request any documents which might otherwise be considered to be beyond its scope. 7. Defendant shall include in his/her response to each request in this document request whether Defendant claims that any document responsive thereto has been lost or destroyed, is privileged or is otherwise unavailable. 8. Defendant shall not use claims of ambiguity in interpreting either this document request or a definition or instruction applicable thereto as a basis for refusing to respond, but shall instead set forth as part of the response the language deemed to be ambiguous and the interpretation chosen or used in responding to the particular request. 9. This document request is continuing as to require supplemental responses in accordance with Rule 193.5 ofthe Texas Rules of Civil Procedure if additional documents specified herein are obtained or discovered between the time of responding to this document request and the fmal disposition of this lawsuit. 10. In answering this Request for Production of Documents, Defendant is requested to furnish all information, including hearsay, in possession of Defendant's attorneys, agents, investigators, employees, independent contractors, and all other persons acting on behalf of Defendant, and not merely such information known or the personal knowledge of the person answering these Requests for Production. 11. If you object to any Request for Production or any portion thereof on the grounds that it requests information that is privileged or falls within the attorney work product doctrine, provide the following information, except as it may call for the precise information you object to disclosing: (a) (b) state the nature of the privilege or doctrine you claim; if a document is the subject of your claim of privilege or exemption from discovery, so state and further; (i) identify it; and (ii) identify all persons known to you who have seen the document; (iii)the title and number of the request to which the document is responsive; (iv) the date the document was prepared or otherwise originated; (v) the name of each person who signed or prepared the document; (vi) to whom the document was directed or addressed; (vii) the nature or character of the document; (viii) the name and last known address of the persons having possession, custody, or control of the document; (ix) the specific objection upon which you rely in refusing production of the document. If an oral communication is the subject of your claim of privilege or exemption from discovery, so state and further: (i) identify it; (ii) identify all persons known to you whom the substance of the oral

(c)

Plaintiff's First Requests for Production

(iii)s

communication has been disclosed; and tate whether any document records or refers to the communication and identify each such document.

12. Further, for those documents withheld on the basis of privilege, please place such documents in a sealed envelope and submit them to the Court for in-camera inspection.

Plaintiff's First Requests for Production

IEouEsTs FOR PRODUCTION

Please produce the following documents and things:


REQUEST No.1: Any and all photographs, video tapes, drawings, and sketches related to the incident

made the basis of this suit


REQUEST No. 2: Any and all insurance agreements or policies under which any person or entity

carrying on an insurance business may be liable to satisfy part or all of a judgment which may be rendered in this action or to indemnify or reimburse payments made to satisfy any judgment related to the incident made the basis of this suit This request is made pursuant to rule 192.3(1) of the Texas Rules of Civil Procedure.
REQUEST No.3: Any reservation of rights letter regarding your insurance coverage for the incident made the basis of this suit. REQUEST No.4: Copies of any written statements, transcripts and recordings of oral statements made

by any Plaintiff concerning the subject matter of this lawsuit. This request is made pursuant to rule 194.3(h) of the Texas Rules of Civil Procedure, which provides that "any person may obtain, upon written request, his or her own statement concerning the lawsuit...." This request is made pursuant to rule 194.3(h) of the Texas Rules of Civil Procedure, which provides that, "a party may obtain discovery of the statement of any person with knowledge of relevant facts-a 'witness statement'-regardless of when the statement was made."
REQUEST No. 6: A copy of any surveillance movies, video tapes, and photos of Plaintiffs. REQUEST No.7: All formal and informal reports and documents prepared by an officer or employee REQUEST No.5: Statements of all persons with knowledge of relevant facts.

of any governmental agency which pertain, in any way, to the incident made the basis of this suit
REQUEST No. 8: All formal and informal reports and documents prepared by an officer or employee

of any governmental agency which pertain, in any way, to the incident made the basis of this suit.
REQUEST No.9: All "claim file materials" from you or your insurers, including file notes, reports,

communications, photographs, witness statements, recorded statements or recorded statement summaries, written statements, and other materials regarding the generated or received by you or your insurers prior to the date that the Plaintiffs notice of representation letter was received by you or your insurers.
REQUEST No. 10: Copies of all certified public records and/or reports related to the incident made

the basis of this suit pursuant to Tex.R.Evid. 803(8) and/or Rule 902(4) and/or Rule 1005.
REQUEST No. 11: Copies of all market reports, commercial publications, or published compilations

that you intend to offer into evidence pursuant to Tex.REvid. 803(17).

Plaintiffs First Requests for Production

REQUEST No. 12: Copies oJ relevant portions of all learned treatises that you intend to offer into evidence pursuant to Tex.R.Evid. 803(18). REQUEST No. 13: Copies of all official publications that you intend to offer into evidence pursuant to Tex.R.Evid. 902(5). REQUEST No. 14: Copies of all newspapers and periodicals related to the incident made the basis of this suit pursuant to Tex.R.Evid. 902(6). REQUEST No. 15: Copies of all summaries of evidence related to the incident made the basis of this suit pursuant to Tex.R.Evid. 1006. REQUEST No. 16: Pursuant to Texas Rule of Evidence 609, copies of any records regarding any
conviction of Plaintiff or any witness with knowledge of relevant facts for a felony or crime involving moral turpitude and any other documents regarding any criminal history the Plaintiff or any witness with knowledge of relevant facts may have.

REQUEST No. 17: Copies of all medical records and bills you, your attorneys, or your insurers have regarding any medical treatment received by Plaintiff. REQUEST No. 18: Copies of all medical records or bills you, your attorneys, or your insurers have regarding any other injury or medical condition Plaintiff may have had before or after the incident made the basis of this suit. REQUEST No.19: Copies of all your income tax returns, balance sheets, financial statements, and/or
other documents indicating your net worth for the five-year period prior to the incident made the basis of this suit.

REQUEST No. 20: Copies of all documents related to the reasonableness and necessity of Plaintiffs
medical expenses incurred as a result of the incident made the basis of this lawsuit.

REQUEST No. 21: Copies of all transcripts of depositions upon written questions taken by you in this
case, and any documents obtained via the depositions upon written questions. This request is made pursuant to rule 203.3 of the Texas Rules of Civil Procedure, which provides that, "the party receiving the original deposition transcript or non-stenographic recording must make it available upon reasonable request for inspection and copying by any other party."

REQUEST No. 22: Copies of all documents obtained by you with the use of authorizations signed by Plaintiff. This request is made pursuant to rule 194.2 of the Texas Rules of Civil Procedure, which
provides that "all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party" must be produced.

REQUEST No. 23: For any non-testifying, consulting expert witness whose mental impressions or
opinions have been reviewed by any testifying expert in this cause, please provide copies of all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the consulting expert, and the consulting expert's current resume and
Plaintiffs First Requests for Production

bibliography.
REQUEST No. 24: Any and all settlement agreements with any person or entity related in any way to the incident made the basis of this suit. This request is made pursuant to rule 192.3(g) of the Texas Rules of Civil Procedure. REQUEST No. 25: Any and all documents identified and/or referenced in your answers to interrogatories in this case. REQUEST No. 26: Any and all exhibits that you intend to offer at the trial of this case. REQUEST No. 27: Any and all memos, reports and documents related to the incident and prepared by you prior to anticipation of litigation. REQUEST No. 28: Any and all non-privileged documents related to the status of the persons operating

the roller-coaster at the time of the incident as an employee or independent contractor.


REQUEST No. 29: Any and all memos, reports and documents related to the incident and prepared by

you prior to anticipation oflitigation.


REQUEST No. 30: Copies of any records or documents relating to Plaintiffs' employment with any individual or entity REQUEST No. 31: All documents which support your contention, if any, that the incident made the

basis of this suit resulted from the Plaintiff's own negligence or the negligence of another person or entity.
REQUEST No. 32: All Incident/Occurrence Reports and all addendums that pertain to the incident made the basis of this suit.

No. 33: Any and all documents reflecting any potential problem with the mechanical functioning of the roller-coaster at the time of the occurrence.
REQUEST REQUEST No. 34: Any and all documents reflecting the substance of every conversation your or any

of your agents and/or employees had or overheard at the scene of the occurrence.
REQUEST No. 35: Any and all contracts related to the operation of the roller-coaster and any of the

trains used on the roller-coaster from June of 2002 through the date of the incident made the basis of this suit.
REQUEST No. 36: Any and all contracts related to the maintenance of the roller-coaster and any of the trains used on the roller-coaster from June of2002 through the date of the incident made the basis of this suit. REQUEST No. 37: Any and all contracts related to the design of the roller-coaster and any of the trains

used on the roller-coaster from June of2002 through the date of the incident made the basis of this
Plaintiff's First Requests for Production

suit.
REQUEST No. 38: The entire personnel files for the operators of the roller-coaster on the date of the

incident.
REQUEST No. 39: The entire personnel file for the manager of the Six Flags Over Texas Park at

Arlington on the date of the incident.


REQUEST No. 40: The entire personnel file for the safety director of the Six Flags Over Texas Park

at Arlington on the date of the incident.


REQUEST No. 41: A written job description for the operators of the roller-coaster on the date of the

incident.
REQUEST No. 42: A written job description for the manager of the Six Flags Over Texas Park at

Arlington on the date of the incident.


REQUEST No. 43: A written job description for the safety director of the Six Flags Over Texas Park

at Arlington on the date of the incident.


REQUEST No. 44: Any and all documents related to actions you took or directed to be taken, to guard

against the potential danger posed to riders of the roller-coaster before the date of the incident made the basis of this suit.
REQUEST No. 45: Any and all documents related to actions you took or directed to be taken, to guard against the potential danger posed to riders of the roller-coaster after the date of the incident made the basis of this suit. REQUEST No. 46:

Any and all documents related to any reports of any problems or safety issues related to the roller-coaster during the one year period preceding the date of the incident. Any and all documents related to any notice or warning that you provided, or directed to be provided, to any riders of the roller-coaster before the incident made the basis of this suit.

REQUEST No. 47:

REQUEST No. 48: Any and all documents related to any notice or warning that you provided, or directed to be provided, to any riders of the roller-coaster after the incident made the basis of this suit. REQUEST No. 49: Any and all documents related to any communication that you had with any person

or entity concerning the potential installation of safety restraints, such as seat belts or shoulder restraints on the roller-coaster before the incident made the basis of this suit.
REQUEST No. 50: Any and all documents related to any communication that you had with any person

or entity concerning the potential installation of safety restraints, such as seat belts or shoulder restraints on the roller-coaster after the incident made the basis of this suit.

Plaintiff's First Requests for Production

REQUEST No. 51: Any and documents related to the reasons why you failed to install seat belts or shoulder restraints on the roller-coaster before the incident made the basis of this suit. REQUEST No. 52: Any and all videotapes depicting the roller-coaster trip on the roller coaster during which Rosy Esparza was on the roller-coaster. REQUEST No. 53: Any and all documents related to maintenance on the roller-coaster during the one year period preceding the date of the incident. REQUEST No. 54: Any and all documents related to maintenance on the roller-coaster during the one year period preceding the date of the incident. REQUEST No. 55: Any and all documents related to operation of the ride on the date of the incident, including but not limited to operators' manuals. REQUEST No. 56: Any and all documents related to maintenance of the ride on the date of the incident, including but not limited to maintenance manuals. REQUEST No. 57: Any and all documents related to the design of the track of the roller-coaster and the roller-coaster train cars, before the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 58: Any and all documents related to the design of the track of the roller-coaster and the roller-coaster train cars, after the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 59: Any and all documents related to the "speed profile" of the roller-coaster, before the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 60: Any and all documents related to the "speed profile" of the roller-coaster, after the modification of the roller-coaster, on or about 2011, including but not limited to design contracts, blueprints, and correspondence. REQUEST No. 61: Any and all documents related to the training of employees to operate the rollercoaster, before the modification of the roller-coaster, on or about 2011, including but not limited to training manuals. REQUEST No. 62: Any and all documents related to the training of employees to operate the rollercoaster, after the modification of the roller-coaster, on or about 2011, including but not limited to training manuals. REQUEST No. 63: Any and all documents related to accelerometer traces of the roller-coaster, before the modification of the roller-coaster, on or about 2011. REQUEST No. 64: Any and all documents related to accelerometer traces of the roller-coaster, after
Plaintiffs First Requests for Production

J!

the modification of the roller-coaster, on or about 2011.


REQUEST No. 65: Any and all documents related to computer fault codes, or the absence thereof, for the roller-coaster on the date of the incident REQUEST No. 66: Any and all documents related to computer fault codes, or the absence thereof, for

the roller-coaster for the one year period preceding the date of the incident
REQUEST No. 67,: Any and all documents related to inspections of the roller-coaster during the one

year period preceding the date of the incident.


REQUEST No. 68:

Any and all documents related to inspections, modifications, and repairs of the roller-coaster after the date of the incident. Any and all documents related to the "commissioning document" completed by Six Flags at or near the time that the roller-coaster was handed over to Six Flags. The "AR-800 Document" filed with the Texas Department oflnsurance related

REQUEST No. 69:

REQUEST No. 70:

to the incident.
REQUEST No. 71:

Any and all documents related to prior complaints of any kind about the roller-

coaster.
REQUEST No. 72:

Any and all documents related to the training of your employees to operate the

roller-coaster.

Plaintiffs First Requests for Production

FRANK L. BRANSON DEBBIE DUDLEY BRANSON THO:MAS J. FARMER* QUENTIN D. BROGDON*

Pro[es.1iona!

Corpvratinn

OF COUNSEL

J. HADLEY EDGAR, JR.

FRANK L. BRANSON

1926- 2009

ERIC T. STAHL JOHN T. BURKHEAD


CHIP BROOKER *BOARD CERTIFIED IN PERSONAL INJlJRY TRIAL LAW

September 10, 2013 Via Courier: Tarrant County District Clerk Civil Division 401 W. Belnap Fort Worth, TX 76196 RE: Dear Clerk: Enclosed please find the original and five copies of Plaintiff's Original Petition; Plaintiff's First Interrogatories to Defendants, and Plaintiff's First Request for Production to Defendants in the above referenced case. I have enclosed a check in the amount of$331.00 for the filing fee, jury fee and issuance of four citations pursuant to the petition. Please note that we are requesting a jury trial. Please file stamp the extra copy of the petition and return it to the courier. The courier will also wait for the issuance of the four citations if that is an option. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me.

3112 268034 13

Amado Esparza, et. al. v. Six Flags Entertainment Corporation, et. al.

QB/sah Enclosures

18TH

FLOOR

HIGHLAND

PARK

PLACE

4514

COLE

AVENUE

DALLAS,

TEXAS

752054185

214-522-0200

METRO:

972-263-7452

FAX:

214-521-5485

www.flbranson.com