Monday, December 9, 2013

Lawsuit Against a Trucking Company. Part 2

This is the continuation of part 1.  It starts to heat up in post 2. We have a new shocking revelation.  Read on:

22             Q. Sir, I’m going to hand you what's been marked as
23      Defendants' — excuse me, Plaintiffs Exhibit 1, and can you
24      tell me if that is the personnel file or the driver
25      qualification file?
Page 7
1             A. It looks like a combination of both. It has his
2       W-4 and wages and wage assignment. It looks like it's
3       combined.
4              Q. Is that file kept in the ordinary course of
5       business at Skyways Delivery?
6              A. Yes.
7              Q. Who is the person charged with maintaining that
8       file at that business?
9              A. Currently, it's Stephanie Molly.
10             Q. And who was responsible for keeping that file in
11      the year 2000?
12             A. Jean Hicks.
13             Q. And is that a true and correct copy of both the
14      personnel file and the driver qualification file for Mr.
15      Bennington that was kept at Sky Ways Transportation?
16             A. Yes.
17             Q. And is that a copy of the entire file?
18             A. Yes.
19             Q. Now, who was it that hired Mr. Bennington?
20              A. Mike Robinson.
21              Q. And that's your father?
22              A. Uncle.
23              Q. Your uncle. And what was his job there then?
24              A. Owner/vice president.
25              Q. Who are the other owners?
Page 8
1            A. Mike  Robinson, Larry Robinson, Joe Robinson; and at the time,
2      that was it.
3             Q. Do your records indicate whether you did any
4      background checks on Mr. Bennington at the time you hired him?
5            A. Yes.
6             Q. Okay. What background check did you do on him?
7             A. Motor vehicle, his driving record, and we pulled
8      his motor vehicle report. We have a statement of his
9      violations within the previous year.
10            Q. Is there any information in that driver's
11     qualification file from previous employers?
12            A. There is a list of previous employers.
13            Q. And did you make any inquiry with them as to Mr.
14     Bennington's character or qualifications as a driver?
15            A. I do not see a written record of that.
16            Q. Do you know if that's one of the requirements of
17     the federal motor carrier safety regulations?
118 A. Three years prior is required.
19            Q. And can you tell me from that file what efforts
20      were made to inquire for the three years prior regarding Mr.
21      Bennington at the time you hired him?
22            A. I don't see any written documentation.
23            Q. When did you first learn that Mr. Bennington was a
24      convicted methamphetamine dealer?
25            A. Yesterday.

Part 3 is coming soon.

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