Six Flag fatality lawsuit filing

7/22/2019 Six Flag fatality lawsuit filing

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CAUSE NO.AMADO ESPARZA, Individually, and as Representative of the Estate ofROSA ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACEL Y ESPARZA SEGOVIA, Individually and a/n/fof Abraham Segovia; and RONAL SEGOVIA v. 3 4 ~ I C I A L DISTRICT

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

PLAINTIFFS' ORIGINAL PETITIONPlaintiffs AMADO ESPARZA, Individually, and as Representative of the Estate ofROSA

ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA,JR.;ARNOLDO ESPARZA;ARACELYESPARZA SEGOVIA, Individually and a/n/f of Abraham Segovia; and RONAL SEGOVIA(collectively, "Plaintiffs"), file this Original Petition, complaining of Defendants SIX FLAGSENTERTAINMENTCORPORATION;SIXFLAGSTHEMEPARKS,INC.;TEXASFLAGS,LTD.;and SIX FLAGS OVER TEXAS, INC. (collectively, "Six Flags"), and for cause of action, state thefollowing:

SUMMARYSix Flags has known for decades the real risks and extreme dangers posed by rollercoasters and other amusement rides. Yet, instead of making their rides safer, SixFlags continually pushes the envelope, building extreme roller coasters that are bigger,faster, and more dangerous. However, most egregious of all, Six Flags continues tobe reactive, rather than proactive with regard to common sense safety systems andoperations. As a result, Rosa Irene Esparza is dead. A wife of thirty-five years isgone, never to be seen again by her husband, children, or grandchildren.

PLAINTIFFS' ORIGINAL PETITION


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On July 19, 2013, Rosa Esparza visited Six Flags Over Texas for the first and lasttime. Rosa anticipated an afternoonofsafe, family funwith her daughter, son-in-law,and her grandchildren. Little did she know, Six Flags knew as early as 1978 that, inthe absence of a safety belt, passengers bear a greater risk of being ejected from aroller 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 tohave Six Flags add safety belts after it was too late.After Rosa 's death, post-incident inspections showed that various partsof he securitysystems on the ride were experiencing inconsistencies and intermittent failures. Inaddition, 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 ridingbecause Six Flags found the switch to be defective.Ultimately, as a result ofSix Flags' negligence and gross negligence, Rosa was ejectedfrom The Texas Giant and fell to her death after striking a vertical support beam whileher daughter and son-in-law rode along in horror and while her grandchildren waitedfor 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 PLANI. Pursuant to Rules 190.1 and 190.3 of the Texas Rules ofCivil 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 ofCivil Procedure, Plaintiffs request ajury trial of this matter. Accordingly, Plaintiffs tendered the proper jury fee with the filingofPlaintiffs' Original Petition.

RULE 47 STATEMENT OF MONETARY RELIEF SOUGHT3. 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 toprovide a statement regarding the amount ofmonetary relief sought, however, Plaintiffs

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

REQUEST FOR DISCLOSURE4. Pursuant to Rule 194 of the Texas Rules ofCivil Procedure, Plaintiffs request that

Defendants disclose to Plaintiffs, within 50 days of the service of this request, theinformation and materials described in rule 194.2, to be produced at the Law Offices ofFrank 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 FORDEPOSITIONS6. Plaintiffs hereby request dates for the depositions of the following employees and/or agents

ofDefendants: 1) the person with the most knowledge regarding maintenance done on theTexas Giant roller-coaster before the date of the incident, 2) the person with the mostknowledge regarding the design of the Texas Giant roller-coaster, 3) the person with themost knowledge regarding safety measures that defendants took to prevent a rider frombeing ejected from the Texas Giant roller-coaster, 4) the person with the most knowledgeregarding operating procedures for the Texas Giant roller-coaster, 5) all employees on dutyat the site of the Texas Giant roller-coaster when the incident occurred, 6) the person withthe most knowledge regarding the re-design of the Texas Giant roller coaster that occurredon or about 2010 and 2011, 7) the person with the most knowledge regarding testing doneon the Texas Giant roller-coaster after the incident made the basis of this suit, 8) the person



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

PARTIES

7. Plaintiff AMADO ESPARZA, Individually, and as Representative of the Estate of ROSAESPARZA, is an individual residing in the state ofTexas. AMADO ESPARZA is the sonofROSA ESPARZA, deceased, and the duly-appointed representative ofthe Estate ofROSA ESPARZA.

8. Plaintiff ANTONIO ESPARZA is an individual residing in the state of Texas. He is thehusband ofROSA ESPARZA, deceased.

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

10. Plaintiff ARNOLDO ESPARZA is an individual residing in the state ofTexas. He is theson ofROSA ESPARZA, deceased.

11. Plaintiff ARACEL Y ESPARZA SEGOVIA, Individually and a/nlfofAbraham Segovia, isan individual residing in the state of Texas. She is the daughter of ROSA ESPARZA,deceased, and the mother ofAbraham Segovia.

12. Plaintiff RONAL SEGOVIA is an individual residing in the state ofTexas. He is the sonin-law ofROSA ESPARZA, deceased. He is the husband of Plaintiff ARACEL YESPARZA SEGOVIA and the father ofAbraham Segovia.

13. Defendant SIX FLAGS ENTERTAINMENT CORPORATION is a Delaware corporation,



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doing business in the state ofTexas, with its principal place of business in Texas, and maybe served by serving its agent for service of process:Six Flags Entertainment Corporationc/o Corporation Service Company211 E. 7"' Street, Suite 620Austin, Texas 78701

14. Defendant SIX FLAGS THEME PARKS, INC. is a Delaware corporation, doing businessin the state ofTexas, with its principal place ofbusiness in Texas, and may be served byserving its agent for service ofprocess:Six Flags Theme Parks, Inc.c/o Corporation Service Company211 E. 7'h Street, Suite 620Austin, Texas 78701

15. Defendant TEXAS FLAGS, LTD. is a Texas corporation, doing business in the state ofTexas, with its principal place ofbusiness in Texas, and may be served by serving its agentfor service ofprocess:Texas Flags, Ltd.c/o Six Flags Over Texas, Inc.2201 Road to Six FlagsP.O. Box 191Arlington, Texas 76004-0191

16. Defendant SIX FLAGS OVER TEXAS, INC. is a Delaware corporation, doing business inthe state ofTexas, with its principal place ofbusiness in Texas, and may be served byserving its agent for service ofprocess:Six Flags Over Texas, Inc.c/o Corporation Service Company211 E. 7'h Street, Suite 620Austin, Texas 78701

VENUE AND JURISDICTIONPLAINTIFFS' ORIGINAL PETITION 5


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

FACTS

18. The Six Flags Defendants market The Texas Giant roller-coaster with a keen awarenessthat the lure of The Texas Giant to the park's visitors is that it hurdles riders alongprecipitous drops at extreme speeds. The Six Flags Defendants encourage visitors to thepark, such as the Esparza family, to believe that they are experiencing the illusion ofdanger, without experiencing any actual danger. As Rosa Esparza's tragic death starklyillustrates, errors on the part of the Six Flags Defendants turned a thrilling illusion into anightmarish reality. Customers of the park expect mock scares and delighted screams asthey ride the Texas Giant roller-coaster, but they certainly do not expect to be placed in anyreal danger, whatsoever.

19. The Six Flags Defendants operate the world's largest amusement park corporation, in termsof number of properties, and the fifth largest, in terms of attendance. The Six FlagsDefendants were well aware of the dangers posed by their roller-coasters. This awarenesscame both from incidents at Six Flags parks involving roller-coasters and other rides, andfrom tragedies involving ejections of riders from roller-coasters without seat belts at otherlocations in the amusement ride industry. Previous incidents at Six Flags parks, alone putthe Six Flags Defendants on notice of the dangers of rider-ejection posed by the Texas



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Giant. For example, in 1978, a girl was ejected from the "Colossus" roller-coaster at SixFlags Magic Mountain in Los Angeles, and fell to her death. In 1981, a Six Flagsemployee was ejected from the "Rolling Thunder" roller-coaster at Six Flags GreatAdventure 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 passengerwas ejected from the Starfish ride at Six Flags Discovery Kingdom in California when thepneumatic valve on the safety bar failed. Then in 2004, a man was thrown to his deathfrom a "Superman: Ride of Steel" roller-coaster in Six Flags New England, inMassachusetts. 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 haveknown 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 attheir parks has been merely to feign surprise and to belatedly add safety belts in an attemptto calm the public's fears.

20. In addition, other incidents and tragedies at Six Flags parks placed the Six FlagsDefendants on notice of the dangers associated with their roller-coasters and the need forbetter safety operations and training of their employees. For example, in 1996, a Six Flagsemployee 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 peoplewere stuck upside down for nearly three hours on the "Demon Coaster" in Six Flags GreatAmerica in Illinois after a guide wheel separated from the axle of the last car, triggering asafety mechanism that kept the train from operating. And, in 2008, a teenager was

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decapitated at Six Flags Over Georgia when he attempted to retrieve a hat that he lost whileriding 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 ahorrific nightmare. On July 19,2013, Rosa Esparza, together with her daughter, AracelyEsparza Segovia, her son-in-law, Ronal Segovia, and her grandchildren, Abraham Segoviaand Ronald Jaden Segovia, went to the Six-Flags-Over-Texas amusement park inArlington, Texas for what the Six Flags Defendants had led them to believe would be a safeand fun family adventure.

22. Like many of the park's patrons, Rosa Esparza, her daughter, and her son-in-law decided toride one the park's signature attractions-The Texas Giant roller-coaster. Rosa Esparzaapparently met all of Six Flags' requirements to ride the roller-coaster because no Six Flagsemployee prevented her from riding on the roller-coaster. The roller-coaster had one safetybar 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 theseat directly to Rosa Esparza's right.

24. As the roller-coaster was in its first large descent, Rosa Esparza's daughter heard screamingand yelling behind her, and turned to see her mother in the process ofbeing thrown out ofthe car, out from behind the safety bar in her seat, struggling in an upside down position inthe 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



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turned, she was unable to resist the over-powering forces of the roller-coaster ride, and shewas thrown against a support piling on the structure of the roller-coaster. She was thencatapulted many feet below onto the metal roof of a tunnel. Rosa Esparza died of multipletraumatic injuries caused by her horrific ejection from the roller-coaster car and beingthrown 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 aninterminable time, knowing that Rosa Esparza had been thrown out of the ride, and notknowing whether she was dead or seriously injured and in need of immediate medicalattention. When the roller-coaster train returned to the station at the end of the ride, herdaughter and son-in-law were desperate to get out of the train, but the Six Flags employeesinitially refused to believe that anyone had been thrown out of the train. An agonizingperiod 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 wheneach safety bar restraint is in the allegedly "proper" position. The Six Flags Defendantsmaintain that a roller-coaster train cannot be dispatched unless all safety bar restraints are intheir "proper" positions, such that each restraint's green light is activated. This system oflights was confusing and dangerous because it had a tendency to create a false sense ofsecurity and complacency on the part of the operators of the ride. Operators of the ridewho saw a green light for a given safety bar restraint would have been inclined to assumethat the restraint necessarily was in the correct and safe position without undertaking furtherchecks of the restraint.

27. In a series of inspections of the roller-coaster train at issue after the incident in question, a



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

29. Rosa Esparza was an invitee on Defendants' premises, and her death was caused by theunreasonably 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 theunreasonably dangerous condition, and negligently or willfully failed to warn Rosa Esparzaof 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 beingseriously injured or killed, as was Rosa Esparza. Specifically, Defendants knew or shouldhave known of the danger of a rider of the roller-coaster being ejected from a roller-coasterwith an inadequate restraint system.

30. Defendants were guilty ofnegligence, among other ways, in the following respects:



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

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

3. In failing to warn Rosa Esparza that the unreasonably dangerous condition existedand in failing to warn Rosa Esparza of the hazards and risks of the unreasonablydangerous condition;

4. In failing to protect and safeguard Rosa Esparza from the unreasonably dangerouscondition;

5. In creating the unreasonably dangerous condition and/or activity on the premises;6. 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; and8. In failing to properly inspect, maintain, and repair the roller-coaster.

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



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Plaintiffs' injuries and damages.Bystander Liability

33. Plaintiffs Aracely Esparza Segovia (daughter), Ronal Segovia (son-in-law), and AbrahamSegovia (grand-son) are entitled to bystander damages because: 1) they were located nearthe scene of the tragedy, 2) they experienced a sensory and contemporaneous awareness andobservance of the tragedy, and 3) they were closely related to Rosa Esparza, as indicatedabove.

Respondeat Superior

34. Defendants are liable for the negligence of their employees and/or agents, pursuant to thedoctrine of respondeat superior because the employees and/or agents were acting in thecourse and scope of their employment with Defendants at all relevant times. In thealternative, Defendants are liable for the negligence of their employees/agents because theemployees/agents were acting as borrowed servants of Defendants at all relevant times.

Negligent Hiring and Supervision35. 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, andthe breach of the applicable standard of care by these agents/employees and theirsupervisors, as described above, proximately caused injuries to Plaintiffs.

Ostensible Agency36. In the alternative, if the negligent agents/employees were not acting as employees and/or

borrowed servants ofDefendants, then the agents/employees were acting as the ostensibleagents ofDefendants at all relevant times. Specifically: 1) there was a reasonable belief

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that the agents/employees were the agents or employees ofDefendants, 2) the belief wasgenerated by Defendants' affirmatively holding out of the agents/employees as Defendants'agents or employees, and 3) there was justifiable reliance on Defendants' representation ofauthority.

Joint Enternrise37. 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) acommon 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 enterpriseexisted.

Exemplary Damages38. 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' actsand/or omissions, when viewed objectively from the standpoint of Defendants at the timeof the occurrence, involved an extreme degree of risk, considering the probability andmagnitude of the potential harm to others, and Defendants had actual, subjective awarenessof the risk involved, but nevertheless proceeded with conscious indifference to the rights,safety and welfare ofothers.

PERSONAL INJURIES AND DAMAGESSurvival Damages for Rosa Esparza

39. As a result ofDefendants' actions, Rosa Esparza, deceased, sustained severe personalinjuries, mental anguish and physical pain prior to her death. Her estate is entitled to



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recover for her damages, including but not limited to, damages for mental anguish, physicalinjuries, pain and necessary funeral bills and expenses, for which damages are sought underthe Texas Survival Statute, codified in Chapter 71 of the Texas Civil Practice & RemediesCode.

Wrongful Death Damages of Antonio Esparza, Amado Esparza, AntonioEsparza. Jr . Arnoldo Esparza. and Aracely Esparza Segovia

40. As a result ofDefendants' actions and the death ofRosa Esparza, Plaintiffs AntonioEsparza (husband), Amado Esparza (son), Antonio Esparza, Jr. (son), Arnoldo Esparza(son), and Aracely Esparza Segovia (daughter) have suffered damages in the past and willsuffer damages in the future, including but not limited to, mental anguish, loss ofconsortium, grief, bereavement , loss of future financial contributions, loss of services, lossof advice, care and counsel, loss of society and companionship, and medical, funeral andburial 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 seekcompensation for such future damages.

CONDITIONS PRECEDENT42. 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:

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1. Judgment against Defendants for a sum within the jurisdictional limits of this Courtfor the damages indicated above;2. Pre-judgment and post-judgment interest at the maximum amount allowed by law;3. Costs of suit; and4. Such other and further reliefto which Plaintiffs may be justly entitled.



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PLAINTIFFS' ORIGINAL PETITION

Respectfully submitted,THE LAW OFFICES OFFRA"r L. BRANSON, P.C.

~ ~RANKL. BRANSONTexas Bar No. 02899000QUENTIN BROGDONTexas Bar No. 03054200EUGENE A. "CHIP" BROOKER, JR.Texas Bar No. 24045558Highland Park Place4514 Cole Avenue, 18th FloorDallas, Texas 75205(214) 522-0200(214) 521-5485 FaxATTORNEYS FOR PLAINTIFFS

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CAUSE NO._ _AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACELY 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, TEXASPLAINTIFF 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 onDefendant TEXAS FLAGS, LTD., pursuant to rules 197.1, 197.2 and 197.3 of the Texas Rules ofCivil Procedure.

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Respectfully submitted,

FRANKL. BRAN ONTexas Bar No. 02899000QUENTIN BROGDONTexas Bar No. 03054200EUGENE A. "CHIP" BROOKER, JR.Texas Bar No. 24045558Highland Park Place4514 Cole Avenue, 18th FloorDallas, Texas 75205(214) 522-0200(214) 521-5485 FaxATTORNEYS FOR PLAINTIFFS



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DEFINITIONSA. As used in these Interrogatories, the words "document" or "documents" are definedto 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 possessionfrom 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, dataprocessing cards, computer tapes or printouts, and/or all copies of each which contain any otherwriting or recording of any kind which does not appear on the original or on any other copy. Tothe extent that the information exists within a computer or a computer recorded medium, you arerequested to reduce the information to paper.

B. As used in these Interrogatories, the term "identify" when used with reference to adocument or documents, means to state for each document such information as:(a) Its nature, e.g., letter, memorandum, photographs, etc.:(b) Its title or designation;(c) The date it bears;(d) The name, title, business affiliation, business and residence addresses of the

person by whom the document was prepared;(e) The name, title, business affiliation, business and residence addresses ofpersons to whom the document was directed;(f) The subject matter of the document;(g) 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;(h) The name, title business affiliation and business address of each person whopresently 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 theplural as well as in the singular, any natural person, firm, association, partnership, corporation, orother 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) His or her name;(b) His or her current business affiliation, title and professional designation(e.g., M.D., R.N., L.V.N.);(c) His or her current business and residence addresses; or if those be unknown,

the last known address( es ;(d) The business affiliation, business address, correct title and professional

designation of such person with respect to the business, organization orPLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT 3


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entity Jth which he or she was associated at the ~ m e 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 representativecapacity.

F. As used in the Interrogatories, the term "occurrence" is used interchangeably withthe term "incident" and means the alleged occurrence or incident made the basis of this suit and allrelevant dates alleged, including the alleged causes, however remote, of such occurrence orincident. 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 nameddefendant 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 asreferenced in Plaintiffs' live pleadings in this case.

I. "The roller-coaster" means the Texas Giant roller-coaster on which the incidentmade 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 beserved upon counsel for Plaintiff within fifty (50) days after service on Defendant.

B. Supplementa tion-- These interrogatories require supplementation ifyou obtainfurther information between the time the answers are served and the time of trial.

C. Complete Responses-- The answers to these interrogatories should be completeand candid. To the extent any information called for by these interrogatories is unknown to you, sostate, and set forth whatever information you have regarding that interrogatory. If any estimate canreasonably be made, please set forth your best estimate, clearly designated as such.

D. Privilege -- To the extent that any interrogatory calls for information that youbelieve to be privileged in any way, you must state that information or material responsive to theinterrogatory has been withheld, which interrogatory or party of an interrogatory to which theinformation or material withheld relates, and the privilege(s) asserted.



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INTERROGATORIES

INTERROGATORY No. 1: Please identify yourself and all persons who assisted or providedinformation in answering these interrogatories by providing full names, addresses, telephonenumbers, employers and occupations.ANSWER:

INTERROGATORY No.2: Ifyou contend that any other person or entity, including Plaintiffs, maybe liable for all or part ofPlaintiffs' 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 conversationsyou had with the Plaintiffs or Plaintiffs' representatives following the incident made the basis ofthis suit, the date(s) of the communication(s), the substance of the communication(s), and thenames, addresses and telephone numbers of any witnesses to the communication(s).ANSWER:

INTERROGATORY No.4: Pursuant to Rule 609 of the Texas Rules ofEvidence, ifyou intend toimpeach Plaintiff or any person with knowledge of relevant facts with evidence of a criminalconviction, 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 testifyingexpert, please provide the expert's name, address and telephone number; the subject matter onwhich the testifying expert who has reviewed the consulting expert's mental impressions oropinions will testify; the facts known by the expert that relate to or form the basis of the expert'smental impressions and opinions formed or made in connection with the case (regardless ofwhenand how the factual information was acquired); the expert's mental impressions and opinionsformed or made in connection with the case, and any methods used to derive them; and any bias ofthe witness.ANSWER:

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


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

INTERROGATORY No.7: With respect to all investigations of the incident(s) made the basis ofthis suit not conducted in anticipation of litigation, state the name(s , address(es , and telephonenumber(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 theinvestigation(s), the conclusions ofthe investigation(s), and identify all documents prepared as aresult of the investigation(s).ANSWER:

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

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

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

INTERROGATORY No.l l : Please state the name(s), address(es), employer(s), employmentposition(s), and telephone number(s) of the person(s), who last inspected the roller-coaster beforethe incident, the date and time of the inspection, and a description of any documents created inconnection with such inspection(s).ANSWER:



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

INTERROGATORY No.13: Please state the name(s), address(es), employer(s), employmentposition(s), and telephone number(s) of the highest level manager on duty on the premises onwhich 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 thedate of the incident made the basis of this suit, in which any person voiced any complaint about theroller-coaster, please provide the date(s) of the complaint, the name(s), address(es), and telephonenumber(s) of the person(s) making the complaint, and a brief factual description of thecomplaint(s).ANSWER:

INTERROGATORY No. 15: With respect to the roller-coaster train car in which Rosy Esparza wasriding 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!orperformed any maintenance on the car before the incident made the basis of this suit, the date andtime of the inspection or maintenance, a description of the steps taken, and a briefdescription ofany 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-coasterwere 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) whotook the steps, and a brief description of the steps taken.ANSWER:

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



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INTERROGATORY No.18: Please provide the name(s), address(es), anJ employment position(s) ofyour 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) ofyour 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) ofyour employee with the most knowledge regarding the steps that you took to ensure that riders ofthe roller-coaster were not ejected from the roller-coaster.ANSWER:

INTERROGATORY No. 21: Please provide the name(s), address(es), and employment position(s) ofyour employee with the highest level responsibilities for safety in the Six Flags Over Texas park inArlington 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 whileriding 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, anda 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) ofyour employee(s) or contractors who performed any repairs, alterations or modifications to theroller-coaster after the date of the incident, the date(s) of the repairs or modifications, the nature ofthe repairs or modifications, and the purpose of the repairs or modifications.ANSWER:



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CAUSE NO.__AMADO ESPARZA, Individually, and as Representative of the Estate of ROSY ESPARZA; ANTONIO ESPARZA; ANTONIO ESPARZA, JR.; ARNOLDO ESPARZA; ARACELY 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.


JUDICIAL DISTRICT

TARRANT COUNTY, TEXASPLAINTIFF 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 onDefendant Texas Flags, Ltd., pursuant to rule 196 of the Texas Rules of Civil Procedure.

PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION 1


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Plaintiff's First Requests for Production


FRATexas Bar No. 02899000QUENTIN BROGDONTexas Bar No. 03054200EUGENE A. "CIDP" BROOKER, JR.Texas Bar No. 24045558Highland Park Place4514 Cole Avenue, 18th FloorDallas, Texas 75205(214) 522-0200(214) 521-5485 FaxATTORNEYS FOR PLAINTIFFS


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INSTRUCTIONS1. Defendant shall produce all documents and materials described herein which are in his/herpossession, 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 OfficesofFrankL. Branson, Highland Park Place, 4514 Cole Avenue, Suite 1800, Dallas, Texas 75205, atthe time of filing ofDefendant's responses to this Request for Production of Documents.2. As used in these Interrogatories, the term "You" or "Defendant", means the nameddefendant(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 yourpossession, custody, or control. A document is deemed to be within your control if you may obtainpossession 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, statisticalcompilations, work papers, data processing cards, computer tapes or printouts, and/or all copies ofeach which contain any other writing or recording of any kind which does not appear on the originalor on any other copy. To the extent that the information exists within a computer or a computerrecorded 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 thebasis 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 datacompilations, you should either produce the raw data along with all codes or programs for translatingit into useable form or produce the information in a finished useable form, which would include allnecessary glossaries, keys, and indices for interpretation of the material.4. The documents produced in response to this document request shall be:

(a) organized and designated to correspond to the categories in the document request; or(b) produced in a form that accurately reflects how they are maintained by Defendant inthe normal course of business, including but not limited to the following:

(i) that all associated file labels, file headings, and file folders be producedtogether with the respective documents for each file and that each file beidentified as to its owner or custodian;(ii) that all pages now stapled or fastened together be produced stapled or fastenedtogether; and(iii)that all documents which cannot be legibly copied be produced in their originalform.

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


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6. The singular form o raword shall be interpreted as plural and the plural form of a word shallbe interpreted as singular whenever appropriate in order to bring within the scope of this documentrequest 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 whetherDefendant claims that any document responsive thereto has been lost or destroyed, is privileged or isotherwise unavailable.8. Defendant shall not use claims of ambiguity in interpreting either this document request or adefinition or instruction applicable thereto as a basis for refusing to respond, but shall instead set forthas part of he response the language deemed to be ambiguous and the interpretation chosen or used inresponding to the particular request.9. This document request is continuing as to require supplemental responses in accordance withRule 193.5 of he Texas Rules ofCivil Procedure ifadditional documents specified herein are obtainedor discovered between the time ofresponding to this document request and the final disposition of hislawsuit.10. In answering this Request for Production ofDocuments, Defendant is requested to furnish allinformation, including hearsay, in possession of Defendant's attorneys, agents, investigators,employees, independent contractors, and all other persons acting on behalf of Defendant, and notmerely such information known or the personal knowledge of the person answering these Requestsfor Production.11. If you object to any Request for Production or any portion thereof on the grounds that itrequests information that is privilegedor falls within the attorney work product doctrine, provide thefollowing information, except as it may call for the precise information you object to disclosing:

(a) state the nature of the privilege or doctrine you claim;(b) if a document is the subject ofyour 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 addressof he persons having possession, custody, or

control of the document;(ix) the specific objection upon which you rely in refusing production of the

document.(c) If an oral communication is the subject ofyour claim of privilege or exemption fromdiscovery, so state and further:

(i) identify it;(ii) identify all persons known to you whom the substance of the oral



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communication has been disclosed; and(iii)s tate whether any document records or refers to the communication andidentify each such document.12. Further, for those documents withheld on the basis ofprivilege, please place such documentsin a sealed envelope and submit them to the Court for in-camera inspection.



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--lkouESTS FOR PRODUCTIONPlease produce the following documents and things:REQUESTNo.1: Any and all photographs, video tapes, drawings, and sketches related to the incidentmade the basis of this suit.REQUEST No. 2: Any and all insurance agreements or policies under which any person or entitycarrying on an insurance business may be liable to satisfy part or all of a judgment which may berendered in this action or to indenmify or reimburse payments made to satisfy any judgment relatedto the incident made the basis of his suit. This request is made pursuantto rule 192.3(f) of he TexasRules ofCivil Procedure.REQUEST No.3: Any reservation of rights letter regarding your insurance coverage for the incidentmade the basis of this suit.REQUESTNo.4: Copies ofany written statements, transcripts and recordings oforal statements madeby any Plaintiff concerning the subject matter of this lawsuit. This request is made pursuant to rule194.3(h) of the Texas Ru1es of Civil Procedure, which provides that "any person may obtain, uponwritten request, his or her own statement concerning the lawsuit.. ."REQUESTNo.5: Statements of all persons with knowledge of relevant facts. This request is madepursuant to rule 194.3(h) of the Texas Rules of Civil Procedure, which provides that, "a party mayobtain discovery of the statement of any person with knowledge of relevant facts-a 'witnessstatement'-regardless ofwhen the statement was made."REQUEST No. 6: A copy of any surveillance movies, video tapes, and photos ofPlaintiffs.REQUESTNo.7: All formal and informal reports and documents prepared by an officer or employeeof any governmental agency which pertain, in any way, to the incident made the basis of this suit.REQUESTNo.8: All formal and informal reports and documents prepared by an officer or employeeof any governmental agency which pertain, in any way, to the incident made the basis of this suit.REQUESTNo.9: All "claim file materials" from you or your insurers, including file notes, reports,communications, photographs, witness statements, recorded statements or recorded statementsummaries, written statements, and other materials regarding the generated or received by you or yourinsurers prior to the date that the Plaintiff's notice ofrepresentation letter was received by you or yourinsurers.REQUEST No. 10: Copies of all certified public records and/or reports related to the incident madethe basis of this suit pursuant to Tex.R.Evid. 803(8) and/or Rule 902(4) and/or Rule 1005.REQUESTNo. 11: Copies ofall market reports, commercial publications, or published compilationsthat you intend to offer into evidence pursuant to Tex.R.Evid. 803(17).

Plaintiff's Fi rst Requests for Production


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REQUEST No. 12: Copies oJ relevant portions of all learned treatises that you intend to offer intoevidence pursuant to Tex.R.Evid. 803(18).REQUEST No. 13: Copies of all official publications that you intend to offer into evidence pursuantto Tex.R.Evid. 902(5).REQUEST No.14: Copies of all newspapers and periodicals related to the incident made the basis ofthis 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 thissuit pursuant to Tex.R.Evid. 1006.REQUEST No. 16: Pursuant to Texas Rule of Evidence 609, copies of any records regarding anyconviction ofPlaintiffor any witness with knowledge of relevant facts for a felony or crime involvingmoral turpitude and any other documents regarding any criminal history the Plaintiffor any witnesswith knowledge of relevant facts may have.REQUEST No. 17: Copies ofall medical records and bills you, your attorneys, or your insurers haveregarding any medical treatment received by Plaintiff.REQUEST No. 18: Copies of all medical records or bills you, your attorneys, or your insurers haveregarding any other injury or medical condition Plaintiff may have had before or after the incidentmade the basis of this suitREQUESTNo.19: Copies ofall your income tax returns, balance sheets, financial statements, and/orother documents indicating your net worth for the five-year period prior to the incident made the basisof this suit.REQUEST No. 20: Copies of all documents related to the reasonableness and necessity of Plaintiff'smedical expenses incurred as a result of the incident made the basis of this lawsuit.REQUEST No. 21: Copies ofall transcripts ofdepositions upon written questions taken by you in thiscase, and any documents obtained via the depositions upon written questions. This request is madepursuant to rule 203.3 of he Texas Rules ofCivil Procedure, which provides that, "the party receivingthe original deposition transcript or non-stenographic recording must make it available uponreasonable 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 byPlaintiff. This request is made pursuant to rule 194.2 of the Texas Rules ofCivil Procedure, whichprovides that "all medical records and bills obtained by the responding party by virtue of anauthorization furnished by the requesting party" must be produced.REQUEST No. 23: For any non-testifying, consulting expert witness whose mental impressions oropinions have been reviewed by any testifying expert in this cause, please provide copies of alldocuments, tangible things, reports, models, or data compilations that have been provided to, reviewedby, or prepared by or for the consulting expert, and the consulting expert's current resume andPlaintiffs First Requests for Production


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bibliography.REQUEST No. 24: Any and all settlement agreements with any person or entity related in any way tothe incident made the basis of this suit. This request is made pursuant to rule 192.3(g) of the TexasRules of Civil Procedure.REQUEST No. 25: Any and all documents identified and/or referenced in your answers tointerrogatories in this case.REQUESTNo. 26: Any and all exhibits that you intend to offer at the trial of this case.REQUESTNo. 27: Any and all memos, reports and documents related to the incident and prepared byyou prior to anticipation of litigation.REQUESTNo. 28: Any and all non-privileged documents related to the status of he persons operatingthe roller-coaster at the time of the incident as an employee or independent contractor.REQUESTNo. 29: Any and all memos, reports and documents related to the incident and prepared byyou prior to anticipation of litigation.REQUESTNo. 30: Copies of any records or documents relating to Plaintiffs' employment with anyindividual or entityREQUEST No. 31: All documents which support your contention, if any, that the incident made thebasis of this suit resulted from the Plaintiffs own negligence or the negligence of another person orentity.REQUEST No. 32: All Incident/Occurrence Reports and all addendums that pertain to the incidentmade the basis of this suit.REQUEST No. 33: Any and all documents reflecting any potential problem with the mechanicalfunctioning of the roller-coaster at the time of the occurrence.REQUESTNo. 34: Any and all documents reflecting the substance of every conversation your or anyofyour agents and/or employees had or overheard at the scene ofthe occurrence.REQUESTNo. 35: Any and all contracts related to the operation of the roller-coaster and any of thetrains used on the roller-coaster from June of2002 through the date of he incident made the basis ofthis suit.REQUESTNo. 36: Any and all contracts related to the maintenance of he roller-coaster and any of hetrains used on the roller-coaster from June of2002 through the date of the incident made the basis ofthis suit.REQUESTNo.37: Any and all contracts related to the design of he roller-coaster and any of he trainsused on the roller-coaster from June of 2002 through the date of the incident made the basis of thisPlaintiffs First Requests for Production


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suit.REQUESTNo. 38: The entire personnel files for the operators of the roller-coaster on the date oftheincident.REQUEST No. 39: The entire personnel file for the manager of the Six Flags Over Texas Park atArlington on the date of the incident.REQUESTNo. 40: The entire personnel file for the safety director of the Six Flags Over Texas Parkat Arlington on the date of the incident.REQUESTNo. 41: A written job description for the operators of the roller-coaster on the date of theincident.REQUEST No. 42: A written job description for the manager of the Six Flags Over Texas Park atArlington on the date of the incident.REQUEST No. 43: A written job description for the safety director of the Six Flags Over Texas Parkat Arlington on the date of the incident.REQUESTNo. 44: Any and all documents related to actions you took or directed to be taken, to guardagainst the potential danger posed to riders of the roller-coaster before the date of the incident madethe basis of this suit.REQUESTNo. 45: Any and all documents related to actions you took or directed to be taken, to guardagainst the potential danger posed to riders of he roller-coaster after the date of he incident made thebasis of this suit.REQUEST No. 46: Any and all documents related to any reports of any problems or safety issuesrelated to the roller-coaster during the one year period preceding the date of the incident.REQUEST No. 47: Any and all documents related to any notice or warning that you provided, ordirected to be provided, to any riders of the roller-coaster before the incident made the basis of thissuit.REQUEST No. 48: Any and all documents related to any notice or warning that you provided, ordirected to be provided, to any riders of he roller-coaster after the incident made the basis of his suit.REQUESTNo. 49: Any and all documents related to any communication thatyouhad with any personor entity concerning the potential installation of safety restraints, such as seat belts or shoulderrestraints on the roller-coaster before the incident made the basis of this suit.REQUESTNo. 50: Any and all documents related to any communication that you had with any personor entity concerning the potential installation of safety restraints, such as seat belts or shoulderrestraints on the roller-coaster after the incident made the basis of this suit.

Plaintiffs First Requests for Production


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REQUEST No. 51: Any and all documents related to the reasons why you failed to install seat beltsor shoulder restraints on the roller-coaster before the incident made the basis of this suit.REQUESTNo. 52: Any and all videotapes depicting the roller-coaster trip on the roller coaster duringwhich Rosy Esparza was on the roller-coaster.REQUEST No. 53: Any and all documents related to maintenance on the roller-coaster during the oneyear period preceding the date of the incident.REQUESTNo. 54: Any and all documents related to maintenance on the roller-coaster during the oneyear period preceding the date of the incident.REQUEST No. 55: Any and all documents related to operation of he 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 theincident, 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 andthe roller-coaster train cars, before the modification of he roller-coaster, on or about 2011, includingbut 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 andthe roller-coaster train cars, after the modification of the roller-coaster, on or about 2011, includingbut not limited to design contracts, blueprints, and correspondence.REQUEST No. 59: Any and all documents related to the "speed profile" of the roller-coaster, beforethe 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, afterthe 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 ofemployees to operate the rollercoaster, before the modification of the roller-coaster, on or about 2011, including but not limited totraining 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 totraining manuals.REQUESTNo. 63: Any and all documents related to accelerometer traces of he roller-coaster, beforethe modification of the roller-coaster, on or about 2011.REQUEST No. 64: Any and all documents related to accelerometer traces of the roller-coaster, afterPlaintiff's First Requests for Production


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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, forthe roller-coaster on the date of the incident.REQUEST No. 66: Any and all documents related to computer fault codes, or the absence thereof, forthe roller-coaster for the one year period preceding the date of the incident.REQUESTNo. 67: Any and all documents related to inspections of he roller-coaster during the oneyear period preceding the date of the incident.REQUESTNo. 68: Any and all documents related to inspections, modifications, and repairs of theroller-coaster after the date ofthe incident.REQUESTNo. 69: Any and all documents related to the "commissioning document" completed bySix Flags at or near the time that the roller-coaster was handed over to Six Flags.REQUESTNo. 70: The "AR-800 Document" filed with the Texas Department oflnsurance relatedto the incident.REQUESTNo. 71: Any and all documents related to prior complaints of any kind about the rollercoaster.REQUESTNo. 72: Any and all documents related to the training of your employees to operate theroller-coaster.



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-- JUDICIAL DISTRICTTARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST INTERROGATORIESTO 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 he TexasRules of Civil Procedure.



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FRANKL. BRANSONTexas Bar No. 02899000QUENTIN BROGDONTexas Bar No. 03054200EUGENE A. "CHIP" BROOKER, JR.Texas Bar No. 24045558Highland Park Place4514 Cole Avenue, 18th FloorDallas, Texas 75205(214) 522-0200(214) 521-5485 FaxATTORNEYS FOR PLAINTIFFS



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DEFINITIONS

A. As used in these Interrogatories, the words "document" or "documents" are definedto 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 ifyou may obtain possessionfrom 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, dataprocessing cards, computer tapes or printouts, and/or all copies of each which contain any otherwriting or recording of any kind which does not appear on the original or on any other copy. Tothe extent that the information exists within a computer or a computer recorded medium, you arerequested to reduce the information to paper.

B. As used in these Interrogatories, the term "identify" when used with reference to adocument or documents, means to state for each document such information as:(a) Its nature, e.g., letter, memorandum, photographs, etc.:(b) Its title or designation;(c) The date it bears;(d) The name, title, business affiliation, business and residence addresses of theperson by whom the document was prepared;(e) The name, title, business affiliation, business and residence addresses ofpersons to whom the document was directed;(f) The subject matter of the document;(g) 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;(h) The name, title business affiliation and business address of each person whopresently 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 theplural as well as in the singular, any natural person, firm, association, partnership, corporation, orother 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) His or her name;(b) His or her current business affiliation, title and professional designation(e.g., M.D., R.N., L.V.N.);(c) His or her current business and residence addresses; or if those be unknown,

the last known address( es);(d) The business affiliation, business address, correct title and professionaldesignation of such person with respect to the business, organization orPLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT 3


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entity ~ 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

Plaintiffor Plaintiffs in this case, whether bringing this suit individually or in any representativecapacity.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 allrelevant dates alleged, including the alleged causes, however remote, of such occurrence orincident. 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 nameddefendant 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 asreferenced in Plaintiffs' live pleadings in this case.

I. "The roller-coaster" means the Texas Giant roller-coaster on which the incidentmade 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 beserved upon counsel for Plaintiff within fifty (50) days after service on Defendant.

B. Supplementa tion-- These interrogatories require supplementation if you obtainfurther information between the time the answers are served and the time of trial.

C. Complete Responses -- The answers to these interrogatories should be completeand candid. To the extent any information called for by these interrogatories is unknown to you, sostate, and set forth whatever information you have regarding that interrogatory. If any estimate canreasonably be made, please set forth your best estimate, clearly designated as such.

D. Privilege-- To the extent that any interrogatory calls for information that youbelieve to be privileged in any way, you must state that information or material responsive to theinterrogatory has been withheld, which interrogatory or party of an interrogatory to which theinformation or material withheld relates, and the privilege(s) asserted.



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INTERROGATORIESINTERROGATORY No.1: Please identify yourself and all persons who assisted or providedinformation in answering these interrogatories by providing full names, addresses, telephonenumbers, employers and occupations.ANSWER:

INTERROGATORY No.2: If you contend that any other person or entity, including Plaintiffs, maybe 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 conversationsyou had with the Plaintiffs or Plaintiffs' representatives following the incident made the basis ofthis suit, the date(s) of the communication(s), the substance of the communication(s), and thenames, addresses and telephone numbers of any witnesses to the communication(s).ANSWER:

INTERROGATORY No.4: Pursuant to Ruie 609 of the Texas Ruies ofEvidence, if you intend toimpeach Plaintiffor any person with knowledge of relevant facts with evidence of a criminalconviction, 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 ofCivil Procedure,for any consulting expert whose mental impressions or opinions have been reviewed by a testifyingexpert, please provide the expert's name, address and telephone number; the subject matter onwhich the testifYing expert who has reviewed the consulting expert's mental impressions oropinions will testify; the facts known by the expert that relate to or form the basis of the expert'smental impressions and opinions formed or made in connection with the case (regardless ofwhenand how the factual information was acquired); the expert's mental impressions and opinionsformed or made in connection with the case, and any methods used to derive them; and any bias ofthe witness.ANSWER:

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


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

INTERROGATORY No.7: With respect to all investigations of the incident(s) made the basis ofthis suit not conducted in anticipation of litigation, state the name(s), address(es), and telephonenumber(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 theinvestigation(s), the conclusions of the investigation(s), and identify all documents prepared as aresult 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 CivilProcedure.ANSWER:

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

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

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



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

INTERROGATORY No.13: Please state the name(s), address(es), employer(s), employmentposition(s), and telephone number(s) of the highest level manager on duty on the premises onwhich 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 thedate of the incident made the basis of this suit, in which any person voiced any complaint about theroller-coaster, please provide the date(s) of the complaint, the name(s), address(es), and telephonenumber(s) of the person(s) making the complaint, and a brief factual description of thecomplaint(s).ANSWER:

INTERROGATORY No. 15: With respect to the roller-coaster train car in which Rosy Esparza wasriding 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/orperformed any maintenance on the car before the incident made the basis of this suit, the date andtime of the inspection or maintenance, a description of the steps taken, and a brief description ofany 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-coasterwere 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) whotook the steps, and a briefdescription of the steps taken.ANSWER:

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



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

INTERROGATORY No. 21: Please provide the name(s), address(es), and employment position(s) ofyour employee with the highest level responsibilities for safety in the Six Flags Over Texas park inArlington 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 whileriding any roller-coaster in any ofyour 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, anda brief description of the incident, including the nature ofthe claimed injuries.ANSWER:

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



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-- JUDICIAL DISTRICTTARRANT COUNTY, TEXAS

PLAINTIFF AMADO ESPARZA, INDIVIDUALLY'S FIRST REQUESTS FORPRODUCTION 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 1


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Plaintiff 's First Requests for Production


Texas Bar No. 02899000QUENTIN BROGDONTexas Bar No. 03054200EUGENE A. "CHIP" BROOKER, JR.Texas Bar No. 24045558Highland Park Place4514 Cole Avenue, 18th FloorDallas, Texas 75205(214) 522-0200(214) 521-5485 FaxATTORNEYS FOR PLAINTIFFS


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INSTRUCTIONS

1. Defendant shall produce all documents and materials described herein which are in his/herpossession, 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 Officesof FrankL. Branson, Highland Park Place, 4514 Cole Avenue, Suite 1800, Dallas, Texas 75205, atthe time of filing ofDefendant's responses to this Request for Production ofDocuments.2. As used in these Interrogatories, the term "You" or "Defendant", means the nameddefendant(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 yourpossession, custody, or control. A document is deemed to be within your control if you may obtainpossession 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, statisticalcompilations, work papers, data processing cards, computer tapes or printouts, and/or all copies ofeach which contain any other writing or recording ofany kind which does not appear on the originalor on any other copy. To the extent that the information exists within a computer or a computerrecorded 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 thebasis 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 datacompilations, you should either produce the raw data along with all codes or programs for translatingit into useable form or produce the information in a finished useable form, which would include allnecessary glossaries, keys, and indices for interpretation of the material.4. The documents produced in response to this document request shall be:

(a) organized and designated to correspond to the categories in the document request; or(b) produced in a form that accurately reflects how they are maintained by Defendant inthe normal course ofbusiness, including but not limited to the following:(i) that all associated file labels, file headings, and file folders be producedtogether with the respective documents for each file and that each file beidentified as to its owner or custodian;(ii) that all pages now stapled or fastened together be produced stapled or fastenedtogether; 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 conjunctivelywhenever appropriate in order to bring within the scope of this document request any documentswhich might otherwise be considered beyond its scope.Plaintiff's First Requests for Production


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6. The singular form of a word shall be interpreted as plural and theplural form ofa word shallbe interpreted as singular whenever appropriate in order to bring within the scope of this documentrequest 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 whetherDefendant claims that any document responsive thereto has been lost or destroyed, is privileged or isotherwise unavailable.8. Defendant shall not use claims of ambiguity in interpreting either this document request or adefinition or instruction applicable thereto as a basis for refusing to respond, but shall instead set forthas part of he response the language deemed to be ambiguous and the interpretation chosen or used inresponding to the particular request.9. This document request is continuing as to require supplemental responses in accordance withRule 193.5 of he Texas Rules ofCivil Procedure ifadditional documents specified herein are obtainedor discovered between the time ofresponding to this document request and the final disposition of hislawsuit

I0. In answering this Request for Production ofDocuments, Defendant is requested to furnish allinformation, including hearsay, in possession of Defendant's attorneys, agents, investigators,employees, independent contractors, and all other persons acting on behalf of Defendant, and notmerely such information known or the personal knowledge of the person answering these Requestsfor Production.11. If you object to any Request for Production or any portion thereof on the grounds that itrequests information that is privileged or falls within the attorney work product doctrine, provide thefollowing information, except as it may call for the precise information you object to disclosing:

(a) state the nature of the privilege or doctrine you claim;(b) if a document is the subject ofyour 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 he persons having possession, custody, or

control of the document;(ix) the specific objection upon which you rely in refusing production of thedocument.(c) Ifan oral communication is the subject ofyour claim ofprivilege or exemption fromdiscovery, so state and further:(i) identify it;(ii) identify all persons known to you whom the substance of the oral



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communication has been disclosed; and(iii)s tate whether any document records or refers to the communication andidentify each such document.12. Further, for those documents withheld on the basis of privilege, please place such documentsin a sealed envelope and submit them to the Court for in-camera inspection.



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REQUESTS FOR PRODUCTIONPlease produce the following documents and things:REQUESTNo.1: Any and all photographs, video tapes, drawings, and sketches related to the incidentmade the basis of this suit.REQUEST No. 2: Any and all insurance agreements or policies under which any person or entitycarrying on an insurance business may be liable to satisfy part or all of a judgment which may berendered in this action or to indemnify or reimburse payments made to satisfy any judgment relatedto the incident made the basis of this suit. This request is made pursuant to rule 192.3(f) of he TexasRules of Civil Procedure.REQUEST No.3: Any reservation ofrights letter regarding your insurance coverage for the incidentmade the basis of this suit.REQUEST No.4: Copies ofany written statements, transcripts and recordings oforal statements madeby any Plaintiff concerning the subject matter of this lawsuit. This request is made pursuant to rule194.3(h) of the Texas Rules of Civil Procedure, which provides that "any person may obtain, uponwritten request, his or her own statement concerning the lawsuit.. ."REQUEST No.5: Statements of all persons with knowledge of relevant facts. This request is madepursuant to rule 194.3(h) of the Texas Rules of Civil Procedure, which provides that, "a party mayobtain discovery of the statement of any person with knowledge of relevant facts-a 'witnessstatement'-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 employeeof 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 employeeof 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 statementsummaries, written statements, and other materials regarding the generatedor received by you or yourinsurers prior to the date that the Plaintiffs notice ofrepresentation letter was received by you or yourmsurers.REQUEST No.lO: Copies of all certified public records and/or reports related to the incident madethe 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 compilationsthat you intend to offer into evidence pursuant to Tex.R.Evid. 803(17).

Plai nti ffs First Requests for Production


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REQUEST No. 12: Copies oJ relevant portions of all learned treatises that you intend to offer intoevidence pursuant to Tex.R.Evid. 803(18).REQUEST No.13: Copies of all official publications that you intend to offer into .evidence pursuantto Tex.R.Evid. 902(5).REQUEST No.14: Copies of all newspapers and periodicals related to the incident made the basis ofthis suit pursuant to Tex.R.Evid. 902(6).REQUEST No. 15: Copies ofall summaries of evidence related to the incident made the basis of thissuit pursuant to Tex.R.Evid. 1006.REQUEST No. 16: Pursuant to Texas Ru1e of Evidence 609, copies of any records regarding anyconviction ofPlaintiff or any witness with knowledge of relevant facts for a felony or crime involvingmoral turpitude and any other documents regarding any criminal history the Plaintiff or any witnesswith knowledge of relevant facts may have.REQUEST No. 17: Copies of all medical records and bills you,

Six Flag fatality lawsuit filing

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