General Motors Corporation-Rear Lap Belt-No Shoulder Belt: Document Requests
STATE OF WISCONSIN - CIRCUIT COURT - DANE COUNTY
CIVIL DIVISION
ELIZABETH D. WOLF and RICHARD
A. WOLF, wife and husband,
and KATE E. WOLF, a minor
child, and PHYSICIAN'S PLUS
INSURANCE CORPORATION, a
Wisconsin corporation,
Plaintiffs,
Case No. 92-CV-3140
PRODUCTS LIABILITY - 30100
v.
GENERAL MOTORS CORPORATION,
a Delaware corporation, and
AHRENS OLDSMOBILE-CADILLAC,
INC., a Wisconsin corporation,
Defendants.
PLAINTIFFS' REQUESTS FOR PRODUCTION OF DOCUMENTS
DATED JUNE 29, 1993
TO: GENERAL MOTORS CORPORATION
c/o Michael J. Gonring, Esq.
Quarles & Brady
411 East Wisconsin Avenue
Milwaukee, WI 53202
Barry E. Fields, Esq.
Kirkland & Ellis
200 East Randolph Drive
Chicago, IL 60601
Plaintiffs, by their attorneys, hereby request that the
defendants, pursuant to . 804.09, Wis. Stats., produce within
thirty (30) days the following documents and things for
inspection and copying at the offices of Cunningham Lyons &
Cabaniss, S.C., 207 East Michigan Street, Suite 400, Milwaukee,
Wisconsin 53202, or another mutually agreed upon location.
DEFINITIONS
1. The term "documents" as used herein is used in a
comprehensive sense and includes without limitation and without
limiting the generality of its meaning, purchase orders,
vouchers, work orders, invoices, letters, telegrams,
intracorporate communications, reports, memoranda, minutes,
bulletins, circulars, instructions, work assignments, handwritten
notes, books, working assignment paper, formal and informal
sketches, design drawings, production drawings, manufacturing
drawings, service drawings, assembly drawings and any other
drawings, however designated, specifications, blueprints, full-size
engineering and design layouts, full-size installation and
assembly layouts, tracings and microfilm thereof, photographs, shorts, drafts, worksheets, advertisements, catalogs,
periodicals, proving ground records, consultations, communications, experiments, videotape, movie film, studies and
other writings and physical objects of whatever nature, including
copies of mechanical and photocopy reproductions of any or all of
the foregoing items.
2. "You" and/or "General Motors" means the General Motors
Corporation, its officers, directors, employees and/or wholly
owned subsidiaries.
INSTRUCTIONS
If in response to this request for production of documents,
you withhold production of any document on the ground of a
privilege, please state with respect to each said document:
(a) The type of document involved and a general
description of the contents of the documents;
(b) The names, business and resident addresses, and
telephone numbers, and position of the individual(s) from whom
the documents emanated;
(c) The names, business and written addresses and
telephone numbers and position of each individual(s) to whom the
document or copy of the document was sent;
(d) The date of each document;
(e) The privilege upon which said defendant relies on in
withholding the document;
(f) The facts upon which the defendant relies on in
support of its claim that it is privileged to withhold such
document;
(g) The names, business and resident addresses and
telephone numbers, and positions or occupations of individual(s)
known or believed by defendant to have knowledge concerning the
factual basis for defendant's assertion of privileged work
product with regard to the document.
REQUESTS
1. A copy of GM research report B1-415 entitled "A
Kinematic Analysis of Lap-Belt Submarining."
2. A copy of all minute meetings or documents that relate
to, bear upon or concern discussions involving rear lap belts,
rear lap/shoulder belts, submarining and/or seat design issues of
the Belt Restraint Technical Committee or the Occupant Protection
System Subgroup of that committee.
3. A copy of the drawing of the dealer installed option
rear shoulder belt system General Motors asserts was available
for the accident car.
4. A copy of the 1977 study conducted regarding belt
usage where it was concluded that the best chance or opportunity
to inform the public regarding belt usage was at the point of
sale by the dealer.
5. Meeting minutes of the General Technical Committee
dated November 19, 1963.
6. Meeting minutes of the Automotive Safety Technical
Committee dated September 7, 1965.
7. A copy of the Mercedes crash test film shown to Opel
personnel as referenced in the meeting minutes of the Automotive
Safety Technical Committee dated January 13, 1967.
8. Meeting minutes of the Safety Review Board dated
February 17, 1967.
9. Meeting minutes of the Safety Review Board dated March
20, 1967.
10. Meeting minutes of the General Technical Committee
dated March 21, 1967.
11. Meeting minutes of the Product Policy Group dated May
22, 1968.
12. Meeting minutes of the Automotive Safety Technical
Committee dated October 8, 1968.
13. A copy of the meeting minutes of the Automotive Safety
Technical Committee dated November 11, 1968.
14. Meeting minutes of the Product Policy Group dated
April 23, 1969.
15. A copy of Report No. PG-27160.
16. All documents, photographs, film or other items that
relate to the presentation made by Ed Klove of Fisher Body to the
Automotive Safety Technical Committee on November 11, 1969
regarding rear seat submarining.
17. Meeting minutes of the Automotive Safety Technical
Committee for November 11, 1969.
18. A copy of slide 12 presented to the Product Policy
Group on February 18, 1970 regarding submarining.
19. A copy of the meeting minutes of the Product Policy
Group for February 18, 1970.
20. All documents that relate to, bear upon or concern
discussions at the Automotive Safety Technical Committee on April
9, 1970 regarding the changes required to eliminate submarining
for rear seat, lap belted only, dummy occupants.
21. A copy of the meeting minutes of the Automotive Safety
Technical Committee for April 9, 1970.
22. A copy of the following PG reports: PG-28283 entitled
"Comparisons of Restraint Usage in Injury Between Front and Rear
Seated Occupants"; PG-28923 entitled "Estimating the Benefit in
Automotive Safety Cost/Benefit Analysis"; and PG-28977 entitled
"Occupant Injuries".
23. Meeting minutes of the Product Policy Group for
December 22, 1970.
24. All documents that detail, relate to or concern the
Product Policy Group on December 22, 1970 that General Motors'
design engineer should anticipate any misuse of their products by
customers that could result in legal liabilities.
25. A copy of the meeting minutes of the General Technical
Committee for August 11, 1971.
26. A copy of the meeting minutes of the Safety Review
Board dated April 19, 1973.
27. A copy of the meeting minutes of the General Technical
Committee for April 16, 1974.
28. A copy of the meeting minutes of the General Technical
Committee for May 14, 1974.
29. A copy of the meeting minutes of the Safety Review
Board dated June 10, 1974.
30. A copy of the report titled "GM Restraints System
Performance Guidelines" which is referenced in the meeting
minutes of the Safety Review Board for June 10, 1974.
31. A copy of the Wayne State University Reports to GM
regarding submarining as referenced in the meeting minutes of the
Safety Review Board dated June 10, 1974.
32. A copy of the meeting minutes of the Product Policy
Group dated September 18, 1974.
33. A copy of the meeting minutes of the Safety Review
Board dated June 18, 1975.
34. A copy of the meeting minutes of the Safety Review
Board dated March 4, 1976.
35. A copy of the limited ASE usage study referenced in
the meeting minutes of the Safety Review Board dated March 4,
1976.
36. A copy of the meeting minutes of the General Technical
Committee dated March 16, 1976.
37. A copy of the meeting minutes of the Safety Review
Board dated August 4, 1976.
38. A copy of the additional submarining study referenced
in the meeting minutes of the Automotive Safety Technical
Committee dated December 2, 1976.
39. A copy of the meeting minutes of the Automotive Safety
Technical Committee dated June 30, 1977.
40. A copy of the meeting minutes of the Automotive Safety
Technical Committee dated February 2, 1978.
41. A copy of the report referenced in the meeting minutes
of the Automotive Safety Technical Committee dated February 2,
1978 by Hulke, Sherman and Murphy.
42. A copy of all documents that relate to the
presentation to the Automotive Safety Technical Committee dated
February 2, 1978 regarding restraint system effectiveness.
43. A copy of the 1979 Opel rear seat belt requirement PCR
AO No. 51.
44. A copy of the meeting minutes of the Product Policy
Group dated March 20, 1979.
45. A copy of all documents that relate to, bear upon or
concern the following indication of the meeting minutes of the
Product Policy Group for March 20, 1979:
"A change for the three rear static lap belts to two
outboard automatic retractable three point
shoulder/lap belts in one center lap belt at a cost of
$13.00. These changes are both necessary to meet
similar changes made by the target competitor, VW Golf
and other major European competition."
46. A copy of the meeting minutes of the Automotive Safety
Committee dated December 4, 1980.
47. All documents, memoranda, film or other items that
relate to the recommendation made at the Automotive Safety
Technical Committee on December 4, 1980 that rear seat three
point belts should be offered for additional protection to rear
seat occupants.
48. A copy of the meeting minutes of the Safety Review
Board for December 10, 1985.
49. A copy of Opel's crashworthiness goals that mandate no
submarining at all seating positions as referenced in the Safety
Review Board meeting minutes of December 10, 1985.
50. A copy of any requirements or specifications of GM for
crashworthiness regarding submarining.
51. All documents, memoranda, film or other items that
relate to, bear upon or concern the anti-submarining seats
support structures in the Opel Cadet as referenced in the meeting
minutes of the Safety Review Board of December 10, 1985.
52. A copy of the meeting minutes of the Automotive
Technical Committee dated January 3, 1986.
53. All documents that relate to, bear upon or concern the
presentation and recommendation of the Automotive Safety
Technical Committee that "GM moved forward toward installing lap
and shoulder belts in the rear outboard seat positions of all of
our cars as referenced in the meeting minutes of that
subcommittee for January 3, 1986."
54. All documents that relate to, bear upon or concern
General Motors' analysis of the product liability exposure that
may result from increased belt usage.
55. A copy of the Transport Canada Report as referenced in
the meeting minutes of the Safety Review Board dated January 13,
1986 which, among other things, indicates that three point seat
belts in the rear seating position can be expected to lead to a
reduction of head, abdominal and back injuries.
56. All documents, memoranda or other items that relate to,
detail or concern the following reference in the meeting
minutes of the Safety Review Board dated January 13, 1986:
"Rear shoulder belts are available as a dealer option
for GM cars, however1 they are very difficult to
obtain, and I have been told we only sold a handful
of them."
57. A copy of all documents, memoranda, or other items
that relate to any efforts by General Motors to ensure that it
was easy for GM customers to obtain rear shoulder belts as a
dealer option for GM cars.
58. All documents, memoranda, film or other items that
detail, relate to or concern the determination as indicated in
the meeting minutes of the Safety Review Board dated January
13, 1986 that rear lap belts may induce head and abdominal
injuries.
59. A copy of all documents, film or other items that
detail testing by General Motors to evaluate whether rear lap
belts may induce head and abdominal injuries.
60. A copy of the videotape referenced in the meeting
minutes of the Safety Review Board dated January 13, 1986 which
is reported to have caused Peugeot to add three point belts to
their rear seats.
61. A copy of the General Motors' report entitled "Rear
Seat Safety Belt Effectiveness in Preventing Fatalities Dated
November 26, 1985."
62. A copy of the meeting minutes of the Automotive
Technical Committee dated March 6, 1986.
63. All documents that relate to, bear upon or concern,
the competitive vehicle review undertaken in connection with the
rear seat lap/shoulder belt task forces' planning activity with
respect to lap/shoulder belt systems for the rear outboard
seating positions in GM vehicles.
64. All documents that relate to, bear upon or concern,
the performance evaluation protocol referenced in the meeting
minutes of the Automotive Safety Technical Committee of March 6,
1986.
65. All documents that relate to, bear upon or concern,
the initial performance evaluations referenced in the meeting
minutes of the Automotive Safety Technical Committee of March 6,
1986.
66. All documents that relate to, bear upon or concern,
the vehicle selection rationale referenced in the meeting minutes
of the Automotive Safety Technical Committee of March 6, 1986.
67. The phase in plan referenced in the meeting minutes of
the Automotive Safety Technical Committee of March 6, 1986.
68. A copy of the meeting minutes of the General Technical
Committee dated March 16, 1986.
69. A copy of all documents that relate to, bear upon or
concern, the General Technical Committee's request that the rear
lap/shoulder belt task force consider installing presently
designed optional rear seat shoulder belts in GM cars.
70. A copy of all documents, memoranda, film or other
items that relate to, bear upon or concern Ed Rowland's special
report to the General Technical Committee regarding the
possibility of installing presently designed optional rear seat
shoulder belts in GM vehicles.
71. Meeting minutes of the Product Policy Group dated May
12, 1986.
72. All documents, memoranda, film or other items that
relate to the directive of the Product Policy Group that is
detailed in the meeting minutes of May 12, 1986, with respect to
the rear seat passenger restraint program and specifically its
directive that the company proceed as soon as possible with plans
for volume product of the modified dealer option.
73. All documents that relate to, bear upon or concern,
legal staff recommendation as detailed in the meeting minutes of
the Product Policy Group of May 12, 1986 that General Motors take
appropriate action as soon as possible to improve the performance
of rear passenger restraint systems.
74. A copy of the GM 35 performance regarding
crashworthiness goals as referenced in the Safety Review Board
meeting minutes of July 16, 1986.
75. A copy of the meeting minutes of the Automotive Safety
Technical Committee of September 4, 1986.
76. A copy of all documents or other items that relate to,
bear upon or concern, the following reference in the meeting
minutes of the Automotive Safety Technical Committee of September
4, 1986:
"Lap belts may induce injury. Lap belt inadequacy
known for years. Lap shoulder belts provide superior
protection."
77. A copy of the videotape shown at the Automotive Safety
Technical Committee as referenced in the meeting minutes of
November 6, 1986, which shows lap/shoulder belted volunteers
experiencing actual crashes at substantial speeds.
78. A copy of the meeting minutes of the Automotive Safety
Technical Committee dated December 4, 1986.
79. All documents that relate to, bear upon or concern,
the decision as detailed in the meeting minutes of the Automotive
Safety Technical Committee dated December 4, 1986, to delay the
implementation of the three point rear seat belts in the A, B, W,
J and N car lines from 1988 to 1989 model year.
80. All documents or other items that relate to, bear upon
or concern, GM's conclusion that there was insufficient time for
product validation to include the three point rear seat belts in
the A car for 1988 model year.
81. All documents that relate to, bear upon or concern,
the redesign of the GM dealer installed rear seat shoulder belt
kit as referenced in the meeting minutes of the Safety Review
Board dated January 12, 1987.
82. A copy of the Wells paper as referenced in the meeting
minutes of the Automotive Safety Technical Committee dated April
2, 1987.
83. A copy of all documents or other items that relate to
the presentation made to the Automotive Safety Technical
Committee on April 2, 1987 regarding the Wells paper.
84. All documents that relate to, bear upon or concern,
Saturn's crashworthiness goals with respect to the control of
submarining.
85. A copy of GM 300 overall crashworthiness goals with
respect to the control of submarining as referenced in the
meeting minutes of the Automotive Safety Technical Committee
dated November 5, 1987.
86. A copy of the meeting minutes of the General Technical
Committee dated February 18, 1988.
87. A copy of all government and GM studies reviewed by
Durkin of Legal Staff as referenced in the meeting minutes of the
General Technical Committee dated February 18, 1988.
88. A tape copy of the data base which included the P.G.
Reports.
89. All documents and/or items produced by General Motors
in the following cases:
(1) Ginoza v. General Motors, Case No. 91-05124-6, Superior
Court Pierce County, Washington; and
(2) Rosetto v. General Motors, Case No. 2293-1987, Court of
Common Pleas, Westmoreland County, Pennsylvania.
90. A copy of the companion paper by Scheel referenced in
the meeting minutes of the Safety Review Board dated April 19,
1973.
Dated this 29th of June, 1993.
CUNNINGHAM LYONS CABANISS, S.C.
Attorneys for the Plaintiffs
JOHN C. CABANISS
State Bar No. 1002857
P.O. ADDRESS:
207 East Michigan Street
Suite 400
Milwaukee, WI 53202
(414) 271-4655
CO-COUNSEL:
Anthony C. Anegon, Esq.
Anerin & Rice, P.A.
1212 Idaho Street
P.O. Drawer 698
Lewiston, ID 83501-0698
I certify that on 6/29/93, I
mailed the within papers on all
counsel of record pursuant to
S 801.14(2) Wis.Stats.