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Smith v. Acme Corp., Case No. 24-CV-1138 (L.A. Superior Court). Plaintiff alleges injuries from a March 4, 2023 scaffold collapse at an Acme construction site. Witness John Doe is the site supervisor who oversaw the east-scaffold operation .
- •Witness admits he personally decided to skip the pre-shift safety inspection on the day of the incident .
- •Witness denies awareness of any prior incidents on the same scaffold, but Exhibit 3 (Feb. 19, 2023 incident report) directly contradicts this .
- •Witness retreats to 'I don't recall' when confronted with his apparent signature on Exhibit 3 .
- •Tie-off anchors were replaced two days post-incident at ~$48,000 — strong evidence of a known pre-existing defect .
John Edward Doe — 11-year site supervisor at Acme Corp., responsible for pre-shift safety on the east scaffold .
- • Long-tenured Acme employee with direct decisional authority over the inspection that was skipped — strong incentive to minimize personal exposure .
Cooperative on neutral facts; selective 'don't recall' when confronted with documents adverse to the defense .
- • Witness conceded the pre-shift inspection was skipped because crew was behind on the pour schedule .
- • Witness affirmed it was his personal decision to skip it .
- • All east-face tie-off anchors were replaced two days after the incident .
- • Witness agreed the cost was approximately $48,000 .
- • Pre-shift safety inspection was skipped on March 4, 2023
- • Decision to skip the inspection was made personally by the witness
- • Tie-off anchors replaced two days after the incident at ~$48,000
- • Denies awareness of any prior incidents on the east scaffold
- • Denies recollection of signing the Feb. 19, 2023 incident report (Exhibit 3)
- Denial of awareness of prior incidents is directly impeached by Exhibit 3, an internal incident report dated Feb. 19, 2023 (two weeks pre-accident) bearing what appears to be the witness's signature
- Exhibit 3
Internal incident report dated February 19, 2023 concerning the east scaffold
Reaction: Recognized the document as an internal incident report but claims not to recall signing it
- John Doe — Witness; site supervisor, Acme Corp.
- Mr. Harris — Counsel for Plaintiff (examining)
- Mr. Lee — Counsel for Defendant Acme Corp.
- Jane Roe, CSR — Certified Shorthand Reporter
- • Whether he signed the Feb. 19, 2023 incident report (Exhibit 3)
- • Attendees at the morning safety briefing on March 4, 2023
- Form / Foundationby Mr. Lee
- Remediation cost
Replacement of east-face tie-off anchors (~$48,000), two days post-incident
- • Subpoena Acme HR for signature exemplars to authenticate Exhibit 3
- • Request maintenance logs for east scaffold from Jan–Mar 2023
- • Identify and depose attendees of the March 4 morning safety briefing
- • Personal admission of skipping inspection establishes direct supervisory negligence .
- • Post-incident repair at significant cost supports notice of pre-existing defect .
- highWitness's selective recall on Exhibit 3 invites a credibility instruction at trial
- mediumDefense may argue subsequent remedial measures are inadmissible under Evid. Code §1151
- • Authenticate Exhibit 3 signature through prior-deposition exemplars .
- • Tie the skipped inspection directly to the failure mode of the tie-off anchors .
- Feb. 19, 2023Internal incident report drafted (Exhibit 3); signature disputed
- Mar. 4, 2023 (a.m.)Pre-shift safety inspection skipped by witness's decision
- Mar. 4, 2023Scaffold incident occurs
- Mar. 6, 2023All east-face tie-off anchors replaced (~$48,000)
- Mar. 12, 2024Deposition of John Doe taken
- Witness made the decision to skip the safety inspection
"Yes. That was my decision."
- Witness denies prior knowledge of incidents on the east scaffold
"No, I was not aware of any prior incidents."
- Witness uses 'don't recall' to deflect on Exhibit 3
"I -- I don't recall signing that."
- Tie-off anchors replaced two days post-incident at ~$48,000
"We replaced all tie-off anchors on the east face on March 6th, two days later."
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