Reckless Driving & Delivery Case: Deposition of Jimmy John's Corporate Representative

Описание: When you litigate against a large company, it's not always clear who you should talk to in order to get the company's official position. A low-level employee isn't high-ranking enough to speak for the company, and the President or CEO might not know anything about your specific case, or might be unavailable. To handle that issue, Rule 30(b)(6) requires that, upon request, the company must choose someone to answer questions on its behalf. Under federal law, the citation is Fed. R. Civ. P. 30(b)6), and in Georgia it's O.C.G.A. § 9-11-30(b)(6). This deposition is of such a person, often called a "corporate representative" or "30(b)6) designee."

We handled a reckless driving & punitive damages case against Jimmy Johns in which a delivery person (a bicyclist) crashed into our client (a pedestrian), knocking him down and breaking his arm so severely that a plate and ten screws had to be inserted. This video shows our deposition of Jimmy John's corporate representative.

We tried the case in the State Court of Fulton County in Atlanta, Georgia. The jury returned a verdict of $167,000 for our client. https://butlerfirm.com/two-successful...

We’d love to hear what you think! It helps our clients if people watch these depositions and leave comments, because that helps us to know what jurors will take away from the depositions, and what questions jurors will have after watching them. So please feel free to comment with your thoughts (good or bad) and let us know what other questions you wish we’d asked. That’s why we post these depositions to YouTube.

► MR. BUTLER:
► Q. State your name for the record, please.
► A. My name is Jacob Holly.
► Q. What is your position or title?
► A. General manager at the Midtown location.
► Q. Of Jimmy John's?
► A. Um-hum (affirmative). (EXHIBIT 1 MARKED)
BY MR. BUTLER:
► Q. During the course of this case, Jimmy John's provided me with a chart or a short list of organizational structure, and I believe I've highlighted your name there. Jacob Holly. Is that you?
► A. Yes, sir.
► Q. All right. Do you know these other guys?
► Do you know?
► A. Yeah. I worked directly for him. He's my supervisor.
► Q. Do you know and?
► A. Yes. They're my assistant managers.
► Q. What are your duties at Jimmy John's?
► A. Basically, I run the store and all the -- everything that goes on. You know, I do hiring; firing, if necessary; daily operations. Make sandwiches all day, basically.
► Q. Are you in charge or do you have some role in the delivery of Jimmy John's sandwiches and overseeing the delivery drivers?
► A. Yes, I do.
► Q. Delivery drivers, in Jimmy John's terminology, as I understand it, includes the bicycle delivery agents. Is that --
► A. Yes, sir. We --
► Q. -- right?
► A. -- call them drivers as well.
► Q. Okay. Do you know that Jimmy John's has chosen you to testify on behalf of the corporation?
► A. Yes, I do.
► Q. Did you know that we -- that is, and his lawyer, which is me -- gave Jimmy John's a list of areas we wanted to ask questions about, and they chose you to answer them?
► A. Yes, sir.
► Q. And the answers that you give today are the answers of Jimmy John's. Do you understand that?
► A. Yes.
(EXHIBIT 2 MARKED) BY MR. BUTLER:
► Q. I'm going to show you now what's been marked as Plaintiff's Exhibit 2. This is a copy of your amended notice of video deposition.