Deposition Outline: Mechanic: Failure to Diagnose/ Fix Defective Suspension

The page includes a deposition outline used in a case involving the garage mechanic's failure and fix a defective suspension.

Mechanic Deposition Outline
Joseph M. Lyon
The Lyon Firm
www.thelyonfirm.com

INTRODUCTION

1. Prior Depositions: Civil or Criminal
2. Rules of Deposition
3. Materials Reviewed for Deposition
4. Spoken with anyone other than your attorney
5. Aware of the issues in this case?
6. What is your understanding of the allegations in the case?
7. Do you have any opinions about the allegations in this case?
8. Are you testifying as an expert in this case?
9. Are you testifying as a factual witness in this case?
10. Do you recall the Plaintiff as you sit here?
11. Do you recall working on the vehicle in question?
12. Details of encounter…
13. Who worked on the car?
14. Donnell ever replace anyone that worked on this car?
15. Go over names in logs

BACKGROUND/ EDUCATION and TRAINING

• Education
• Work History
• Duties and Responsibilities at prior job and at Donnell
• Certification EX:__________________
• Ford ha certification for alignment?
• How often do you work on independent suspensions?
• Prior to working at _______________Donnell any experience w/independent suspensions?

• Ever fired from a job?
• What have you been trained to looked for when evaluating alignment issues?
• What are the dangers of an independent suspension being out of alignment?
• If the car was slightly out of alignment, then the behavior would not be too erratic?
• But over time, the tire ware changes the angel of the suspension right?
• Leads to more imbalance and more risk of losing control?
• Is it more important to use the values on the alignment machine or the manufacturers specifications?
• For example, what if you have oversized tires?
• What is you have under sized tires?
• What if there is abnormal tire wear?

MULTI-POINT CHECK: EX______________

• What does a multi-point check involve?
• Tire Tread inspection?
• Why is that important?
• Alignment issues?
• Where would the boxes be checked if there was abnormal wear?
• Did you ever rotate the tires?
• Why did you rotate the tires?
• How did you rotate the tires?

DIAGNOSING A CUSTOMER COMPLAINT

• Describe the process how a complaint for drifting is handled at_________________? Take me through the process.
• Take a history from the customer?
• What is the significance of that? If there are numerous complaints after the alignment, what does that mean to you?
• Time Line of complaints, important?
• CQIS System right there?
• Review the maintenance history?
• Document the primary complaints?
• Inspect the vehicle?
• What are you looking for when you inspect the vehicle?
• Evidence that would be consistent with the complaints?
• After listening to the complaints and the history do you form a hypothesis (differential diagnosis) of what may be wrong with the car?

REGARDLESS OF A MULTI-POINT CHECK… (checking tires for irregular wear?) ALIGNMENT/ TIRE WEAR:

• If a customer complains of a car pulling, jerking, or otherwise wandering, what are the possible problems that may exist? In other words what is the differential diagnose where there are symptoms of the car moving to the right
• If there is irregular tire wear and complaints of the car pulling to the right, what are all the possible issues that could explain those problems?
• What symptoms would lead you to recommending an alignment?
• Is it appropriate to align a car after noticing irregular tire wear?
• What are the risks of aligning a car with worn tires?
• Is it standard practice to replace the tires on an independent suspension before aligning the car if there is abnormal tire ware?
• Agree that the abnormal tire wear will change the angle and affect the reference points?
• If the reference points are artificially changed, that could make the specifications misleading?
• If there is damage to the car that would be artificially adding angle to the alignment, that may also cause the specifications to be misleading?
• If irregular tire wear is noticed, what are the appropriate steps to take when diagnosing an alignment issue?
• What do you look for to determine whether there was irregular tire wear?
• If there is damage to a trailing arm, what are the appropriate steps to take when diagnosing an alignment issue?
• Is there a difference in protocol for evaluating an independent suspension versus a solid rear suspension?
• Spend more time at the front of the car or the back of the car?
• Have you noticed irregular tire wear on cars before?
• Was the irregular tire wear consistent with a suspension problem?
• Have you seen a damaged trialing arm before?
• What can happen if the trailing arm is damaged?
• If a trialing arm is bent upright, how may that affect the angle of the wheel?
• If the angle is bent, how will that affect the reading on the machine?
• If the angle is changed, what type of tire wear would you expect to see?
• If a trialing arm is damaged, is it likely that car with an independent suspension could be put into proper alignment?
• Have you ever seen a trialing arm be damages at the shop?
• Ever seen a trailing arm damaged while the car is being delivered?
• What kind of lift is used at_________________?
• Is a four wheel independent suspension more sensitive than a solid rear axel suspension?
• Does the alignment of the rear suspension on an independent suspension affect the way the car will drive?
• Do you generally focus on the front wheels or the back wheels when addressing an alignment issue?
• Can you set an alignment on a solid rear axle?
• Can you set an alignment on a rear independent suspension?
• How much time was spent at the front versus the back of the vehicle?
• If rear suspension has issue, where will the car want to go?
• What is the risk of leaving that issue uncorrected?
• Wouldn't it be advisable to bring the car back in and evaluate the tire tread and see if that was an issue?

SERVICE RECORDS AND ALIGNMENT SHEETS EX:

• Walk through different visits and specific issues
• Focus on Red?  RED MEANS OUT OF SPEC
• Relied on this information to inform ___________________that the alignment was ok?
• Generally use the wrong model year and wrong model?
• Any difference?
• Sloppy work?
• Ever give him this sheet? Recall that.
• Describe the machine for me?
• Why not put back on machine when he brought the car back in?
• Specs different…what are the specs…but there were relied upon…and they indicated a problem…moreover.
• If the car was in alignment in December, would you expect him to return with the same complaints in January?

ROAD TEST

• What was purpose?
• Done?
• How fast?
• What type of road conditions?
• What type of road? Any turns?
• What types of turns?
• Is a road test as reliable as the machine readings?
• Agree that if an angle is off in the alignment which is causing tire wear, that over time the angle will get worse as the tire wear changes?
• The worse the tire wear gets the worse the alignment will get and the higher risk for an accident?
• As the angle changes, the balance will change…angle will change as the tire wears right?
• Which is why abnormal tire wear is an indication of a suspension problem?
• It is not only a sign but if not treated, the condition can further affect the alignment?
• In fact you drove it but didn't notice any problems, but we know according to the alignment sheets that there was a problem?
• We also know the tires were wearing abnormally?
• Over time, if the alignment issue, no matter how slight issue is not corrected, the alignment will get worse?
• If it gets worse the car will eventually be at more risk for erratic movement?
• While it is a little out of alignment, you wouldn't expect any abrupt issues right?
• But as the tires wear out, the risk of losing control heightens?
• Therefore, it is important to detect alignment issues early correct?
• Over time if they are not corrected and there is abnormal tread wear, the alignment will get worse and become more dangerous?

MISCELLANEOUS

• Have you ever had a car that was purchased new that was then refunded to a customer because of a suspension issue?
• Are you aware of ________________ever refunding for an issue with the car?
• How are the cars delivered?
• What company?
• Inspected for damage?
• If there is damage, how is that handled?
• Any documents that should be filled out?

BIAS: COMPENSATION FROM DEFENDANT

• Hourly
• Offered anything of value to testify today—being paid for the time off