\ -
WOLFE CLARK & HENDERSON, L.L.P. ATTORNEYS« COUNSELORS JAMES E, JfI:.....IJEKSON (190lI,I<)9!) 123 N. CROCKEIT STREET. SUIIE 100 JOSEPH W, WOLFE WJUJI\M K IIKYANT(19!N979) SHF.RMA.N.
TEXAS 75090 ROl'."Al.J) 11, CLARK (903) 868·1933 !A.'YES CORLEY HENDERSON (903) 892-2397 (FAX) JAMES C. TIOW/2.U. January 25, 1994 Ms. Cheryl Milam Administrative Secretary-Finance Town
of Addison P. O. Box 144 Addison, TX 75001 Re: Kezoh, et al v. Multivest Real Estate Fund, LTD, et al Cause No. 93-3827-E Dear Ms. Milam: Judgment has been entered in favor of the Town
in this case. Enclosed is a copy of the Judgment. The Judgment disposes of all of Plaintiffs' claims against the Town of Addison. I have appreciated the opportunity of representing the
Town in this matter. Very truly yours, Ronald H. Clark RHc/smw Enclosure: Agreed Judgment as to Defendant, Town of Addison cc: Ron Whitehead Kenneth Dippel ;""Robin Jones John Baumgartner

RECEIVED JAN 2 51S!Jlf.. CAUSE NO. 93-3827-E PAUL B. KEZOH, ET AL * * v. IN THE DISTRICT COURT OF* * MULTIVEST REAL ESTATE FUND, * LTD. , and * DALLAS COUNTY, TEXAS * BROOKLAKE LTD.
, ET AL and * lOlST JUDICIAL DISTRICT* THE TOWN OF ADDISON * AGREED JUDGMENT AS TO DEFENDANT, TOWN OF ADDISON On this day came on to be considered the Motion for summary Judgment of
Defendant, Town of Addison. The Court, having considered the Motion, the "Agreed Motion to waive Hearing, Enter Judgment, and To Sever," and the pleadings and papers on file in the case
is of the opinion that the Motion should be granted. It is therefore ORDERED that the Motion for Summary Judgment of Defendant, Town of Addi'son, is granted, and that Plaintiffs shall
take nothing of and from Defendant, Town of Addison. The Town of Addison shall not be liable for any costs in this case, and all costs shall abide a final decision by the Court as to
the remaining parties in the case. The Court, finding that this Judgment disposes of all issues between Plaintiffs and Defendant, Town of Addison, and that no purpose would be served
by continuing the Town of Addison as a party to this suit, except to impose costs and expenses on the Town of Addison in having to monitor the case, hereby orders that Plaintiffs' claim
against the Town of Addison shall be severed from the present cause of action so that this Judgment, as to the Town of Addison only, is a Final Judgment. Any further proceedings AGREED
JUDGMENT AS TO DEfENDANT, TOWN OF ADDISON ••. Page 1 
against the Town of Addison by Plaintiffs shall be in the form of a separately styled and docketed 􀁾􀀮􀀠Signed this LO day of 􀁾\Q-o , 199s{. ( ..,... Judge Presiding APPROVED AND AGREED
TO: F. Steven Kessler Attorney for Plaintiffs 􀀭􀁾􀀯􀀯􀁾􀀠 Ronald H. Clark Attorney for Defendant, Town of Addison AGREED JUDGMENT AS TO DEFENDANT, TOWN OF ADDISON ••. Page 2 
CAUSE NO. 93-3827-E PAUL B. KEZOH AND JOSEPHINE KEZOH, * INDIVIDUALLY AND ON BEHALF OF * THE ESTATE OF PAUL B. KEZOHMAN, * JR., DECEASED * * V. * IN THE DISTRICT COURT OF * MULTlVEST
REAL ESTATE FUND, * LTD., SERIES V., DOING BUSINESS * DALLAS COUNTY, TEXAS AS GREENHAVEN VILLAGE APARTMENTS, * AND * * lOlST JUDICIAL DISTRICT BROOKLAKE LTD., DOING BUSINESS * AS BROOKTREE
APARTMENTS and * PAUL E. THOMAS, INDIVIDUALLY AND * AS A PARTNER OF BROOKLAKE LTD., * and JERRY D. SHIPLEY, INDIVIDUALLY * AND AS A PARTNER OF BROOKLAKE LTD. * AND * * THE TOWN OF ADDISON
* AFFIDAVIT OF JOHN BAUMGARTNER STATE OF TEXAS * * COUNTY OF DALLAS * On this day came before me, the undersigned authority, JOHN BAUMGARTNER, who being duly cautioned and sworn testified
as follows: "My name is John Baumgartner, I am over 21 years of age, I have never been convicted of a felony or a crime of moral turpitude, I am competent to testify, and I have personal
knowledge of the facts set out herein, each of which is true and correct. I received a Bachelor of Science degree in Civil Engineering from the University of Idaho in 1983. I am a registered
professional engineer, registered in the state of Texas. AFFIOAVII OF JoRN BAUMdARiNER ...page 1 
I was employed as city Engineer with the Town of Addison from November 1990 through October 1992. Since October 1992, I have been employed as Director of Public Works for the Town of
Addison. As part of my duties and responsibilities I am familiar with public works located in the Town of Addison, namely those public improvements built by the Town for public use,
or built by private contractors and developers and turned over to the Town for public use. It is the regular course of business for the Town of Addison to keep and preserve plans of
all public works in the Town of Addison. This is done so that if repairs or improvements are needed, or if there is some need to verify some aspect of the public work, the plans will
be available. As part of my duties and responsibilities I am a custodian of these records. I have had a careful search made of the public works plans of the Town of Addison and have
found no plan or record of the culvert located between the Brooktree Apartments (formerly known as the Millcreek Apartments), 4020 Brookhaven Club Drive, Addison, Texas, and the Greenhaven
Apartments, 3950 Brookhaven Club Drive, Addison, Texas, which discharges into Farmers Branch Creek. This culvert was not constructed, repaired, or improved by the Town of Addison at
any time after I became city Engineer in November 1990. The absence of any plan or record in the Town's files concerning this culvert indicates to me that the Town never built, constructed,
repaired, or improved this culvert. When plans for construction are submitted to the Town of Addison for approval, or to obtain building permits, they are AFFIDAVIt OF JoAN 9AOMGARrNER
... Page 2 
reviewed by various officials of the Town of Addison. storm drainage on and across the property is the responsibility of the landowner, and the contractor or developer who is building
the project. The engineer working for the contractor or developer is responsible for calculating the amount of water flowing on and across the property, and for designing drainage facilities
which will handle the expected flow of water. During the review process, Town engineers may check the drainage calculations, and check whether the designed drainage facilities can handle
the calculated amount of water. However, there is no policy, procedure, or ordinance, which requires, or involves the City's engineers or other staff in checking for fencing or safety
measures around drainage facilities. While the building inspectors generally inspect buildings to be sure that water will flow away from buildings, employees of the Town do not generally
inspect culverts and other drainage facilities. The contractor or builder's engineer is required to certify that the drainage facilities are built in accordance with the plans. I am
not aware of any Town ordinance or policy which places any type of safety standard or requirement concerning fencing or barricades around drainage facilities or culverts so as to prevent
falls or other accidents. The Town does not have a policy of inspecting cuIverts on private property. The only time the Town might become involved in looking at or examining a culvert
on private property is when that culvert has become clogged or backed up, resulting in a back flow of water or flooding of other property. AFFlDAvl1 OF JoAN BAOMGARINER ... page 3 
landowners." day of 􀁌􀀢􀀢􀀧􀁾􀀧􀀮􀁡􀀮􀁾􀁾____ 93. Attached to this Affidavit is a copy of a plat approved by the Mayor of the Town of Addison on December 6, 1976. It is the revised
final plat for the Millcreek Apartments, now known as the Brooktree Apartments. As part of my duties and responsibilities as an engineer and as Director of Public Works for the Town
of Addison, I review such plats to determine the location of easements which may be used for, or considered as, public works of the Town. The plat shows that there is a drainage easement
located in the approximate location of the culvert in question in this suit. However, the dedication language on the plat dedicates only the sewer and fire lane easements. The water
easement is expressly not dedicated to the Town, and there is no dedication of the drainage easement. The Town of Addison does not regularly accept responsibility for dedicated drainage
easements. In fact, Town of Addison ordinance places the responsibility for drainage and floodway dedications and easements on the property owners. Attached is a certified copy of sections
10-16 through 10-26 of the Code of Ordinances of the Town of Addison. section 10-24 gives the Town the authority, but not the obligation, to enter upon easements. However, the section
specifically makes maintenance of any easements the responsibility Signed this 􀁾􀀠AfFIOAVl1 OF JOHN sAUMGARrNER ... page 4 
STATE OF TEXAS * COUNTY OF DALLAS * Subscribed and sworn to before me, the undersigned authority, by JOHN BAUMGARTNER, who is personally known to me, on this If' day of Notary Public
-State of Texas My commission Expires: MARILYN 0. LE5lANC NC!'::sl}' PlIblic, Slate cl 􀁔􀁃􀁲􀁾􀁊􀀠My CommlSSIM Expires C2I241':;::; 􀁾􀀠--AFFlOAVrt Of JOHN 􀁈􀁁􀁕􀁦􀁬􀁇􀁁􀁁􀁔􀁎􀁅􀁒􀁾􀁵􀁰􀁡􀁧􀁥􀀠5

􀁑􀁆􀁆􀁾􀁾􀁓􀁅􀁓􀀭􀁾􀁕􀁓􀁃􀁅􀁌􀁌􀁁􀁎􀁅􀁏􀁕􀁓􀀠, the enjoyment oflife or property uncomfortable Or interferes with public peace and comfort, nor shall make or cause to be made any unreasonably
loud, disturbing or unnecessary noise in the city. This section shall not apply to noise associated with special events taking place within the city. The term "special events" shall
means events which are authorized by, approved by, or sponsored in whole or in part by the city and which events may result in noise from fireworks. bands or sound systems. exhibiting
aircraft, race cars or other noise-producing mechanisms. (Ord. No. 08S·021, § 1. 5·10-88; Oro. No. 088·051, § I, n.g.gSl Sec. 10-8. Same-Loading or unloading vehicles. The creation of
unreasonably. loud, disturbing or unnecessary noises in connection with the loading or unloading of any vehicle is prohibited on any premises in a residential district or within a five
hundred 1500) foot radius from any area or property which is zoned for residential use except during the following days and times only: ::'vlonday through Friday-7:00 a.m.-7:00 p.m.
Saturdays. Sundays and Holidays-l0:00 a.m.-5:00 p.m. lOrd. No. 088-021, § 1, 5-10-88; Ord. No. 090·024. § 1,5·8-90) Sees. 10-9-10-15. Reserved. ARTICLE n. MAINT AINING NUISA1'lCE* Sec.
H).I6. Penalties generally. The penal!\' provided fo!' a "iolation of this Code shall be in addition to and cumu!ati\'{' orthe provisions ill this article lor the abatement oi nuisances
anti chargIng the eost of same 􀁡􀁾􀁡􀁩􀁮􀁳􀁴􀀠the owner 01 the prenils",; by the dty. lOrd. Xo. :!1l6. 􀁾􀀠12.4·21·751 15. 􀁾􀁬􀁡􀁴􀁥􀀠law rt'''·r\·nl't"-.';IIU1.HI''n 􀁾􀁉􀁉􀁈􀁩􀀠h,'alli!
Hr..lL'l<t;,<!1. \' T.{'.::i" An, ;.;';-; I t't :>1;'11. Supp. No. 26 905 • .. 
,'-', " . 􀁜􀁴􀁾􀀨􀀧,:r" !!fie' § 10·17 ADDISON CODE Sec. 11).17. Definitions. For the purpose of this article, the terms used herein shall be interpreted as follows: GeneraL Any words
not defined in this section shall be construed in the context used and by ordinary interpretation and not as a word of art. Animal or animals other than dogs shall mean any animal, other
than dogs, which creates a health hazard or definite danger to the surrounding neighborhood. Brush shall mean scrub vegetation or dense undergrowth. Business zoning district means any
zoning district designated by the comprehensive zoning ordinance of the Town of Addison as LR, C. I-I. I-2. 1·3. Any PD district is also included in this list, unless specifically excluded
by its provisions. Carrion shall mean the dead and putrifYing flesh of an animal, fowl or fish. ' Filth shall mean any matter in a putrescent state. Impure or unwholesome m<Ztter shall
mean any putrescible or nonputrescible condition, object or matter which tends to. mayor could produce injury, death or disease to human beings. Malter shall mean that of which any physical
oQiect is composed. Nonbusiness zoning district means any zoning district not designated as a business zoning district. Nuisance shall include stagnant or unwholesome water. sinks, privies,
l1lth. carrion. weeds. rubbish. brush and reiuse. impure or unwholesome matter of any kind, objectionable. unsightly or unsanitary matter of whatever nature, litter or animal or animals
other than dogs. as defined elsewhere in this section_ Objecnonable. unsightly or unsanitary matter shall mean any matter. condition or object which is or should be objectionable. unsightly
or unsanitar:" to a person of ordinary sensitivities. Refuse 􀁾􀁨􀁡􀁬􀁬􀀠mean heterogeneous accumulation at' worn out, used up. broken. rejected or worthless materials. Supp. No. 26
906 • 
􀀺􀁾􀀠OFFENSES-MISCELLANEOUS Rubbish shall mean trash, debris, rubble, stone, useless fragments of building material and other miscellaneous useless wastes or rejected matter_ Weeds
shall mean grass, weeds or brush of a height in excess of twelve (12) inches, but not cultivated vegetation. (Ord. No. 206, § l(a-l), 4·21-75; Ord. No. 088-027, § 1,6·28-88) State law
reference-Definitions relating to minimum standards Qr sanitation and health protection, V.T.C.s., Art. 4477-1, ; 1. Sec. lO..18. Unsightly weeds and vegetation-probibited. It shall
be unlawful for any person owning, claiming, occupy· ing or having supervision or control over any real property located in a business zoning district, occupied or unoccupied, within
the corporate limits of the city, to permit grass, weeds or brush to grow to a greater height than twelve (12) inches upon any real property. Furthermore, it shall be unlawful for any
person owning, claiming, occupying or having supervision or control over any real property located. in a nonbusiness zoning district, occupied or unoccupied, within the corporate limits
of the city. to permit grass, weeds or brush to grow to a greater height than six (6) inches. In no event shall any person owning, claiming, occupy· ing or having supervision or control
over any real property located in any district, occupied or unoccupied, within the corporate limits of the city, permit objectionable or unsightly matter to remain upon said property.
(Ord. No. 63, 6-9-64; Ord. No. 155, § 1, 5-21-73; Ord. No. 206, § 2, 4-21-75; Ord.No. 088-027, § 2,6·28-88) State law referenee-Authority for .bove section, V.T.C.S., Art. 4436. Sec.
10-19, Same-Removal and cutting of weeds, grass or plants. It shall be the duty of any person, owner, agent, occupant or anyone having supervision or control of any lot. tract, parcel
of land. or a portion thereof, occupied or unoccupied. within the city to take whatever action is necessary to remove. cut, eliminate. eradicate, control or cause to be removed. cut.
eliminated, eradicated or controlled. all such grass. weeds or plants as often as may be necessary to comply with this article_ \Ord. No. 821, § 1. 8-10·82: Ord. No. 088-027. § 3. 6·28·88)
:-• .. 
... i 10·20 ADDISON CODE Sec. 10-20. Same-Removal or deposit of dirt, gravel, etc. It shall be unlawful for any person to remove or deposit dirt, gravel, earth or topsoil from any land
situated within the city unless such person provides for proper drainage following the removal or deposit of such dirt, gravel, earth or topsoil. By the term "proper drainage," it is
meant that the water drainage off such land shall not disturb the natural drainage so as to adversely affect city streets or adjoining property owners. It shall be unlawful for any person
to remove or deposit any such mate· rial unless he first secures a permit for such from the city. The owners ofany private property where fill material is placed shall cause the same
to be graded and leveled within thirty (301 days from the placement thereof. (Ord. No. 821, § 2. 8·10·82) "".. .. Sec. 10-21. Zoning. 'In areas zoned commercial or industrial under the
:zoning ordinance of the city, the requirements in sections 1017-10-20 shall be applicable to Meas Meas within two hundred (200) feet from buildings and areas within two hundred (200)
feet from property lines adjllcent to the building on adjoining property owned by other persons, and within two hundred (200) feet of property :zonll'd other than commercial or industrial
under the zoning ordmance of the city. (Ord. No. 206, § 4, 4-21-75) Sec. 10-22. Railroad rights-oC-way. The provisions of this article shall be applicable to all railroad rights-of-way.
(Ord. No. 206, § 5.4-21-75) ero•• l'eferencCt-Motor vehicles and traffic. Ch. 9. Sec. 10-23. Accumulation of lumber. boxes. junk. wrecked automobiles. machinery. etc. It is unlawful
and declared a nuisance for any owner or occupant. tenant or lessee of any premises improved or unimproved on which evidence of rat infestation is found. or any lots or alleys adjacent
to such property. to permit accumulation ofany lumber. boxes. bun·els. bricks. stones or any other character of materials 908 • 
OFFEXSES-:'vIISCELLANEOUS i 10·24 '. that may be used as a harborage for rats, rodents or other ver· min. unless same shall be placed on open racks and elevated not less than eighteen
(181 inches above the ground, with a clear intervening space underneath; or any and all waste matter, whether reusable or not, which is offensive to the public health, safety or to the
esthetics of the neighborhood, and is specifically intended to include, but not be limited to, worn out, wrecked andlor abandoned automobiles. trucks. tractors. machinery or any parts
therecf, brick. stones. old iceboxes. refrigerators and stoves. to accumulate or remain on such lot or premises. fOrd. No. 206. § 6, 4-21·75: Ord. No. 821. § 1. 8·10·82) State law reference-Authority
for above section. V.T.C.s.• Art. 4436. Sec. 1()'24. Nuisance located upon easements; duties of abutting property owners and occupants, For purposes of this section, the term "easement"
shall mean a right. vested in ·the public generally or in the community as a whole, whole, to use and enjoy the land of another person for a special purpose. Such term shall include.
but not be limited to, all drainage and flood way dedications or easements located within the corporate limits of the Town of Addison. In the event that a nuisance. as defined hereinabove
at section 10-17. is found to exist upon any easement within the city. or in the event that any person. firm or corporation whose property is burdened by any easement within the city
limits. fails to comply with the foregoing provision of this article. the city manager or his duly appointed representative may give a ten (10) day official notice to such person. firm
or corporation which is creating such nuisance or is violating the terms of this article. If such person. firm or corporation fails or refuses to comply with the provision of sec· tions
10-18 through 10·20 within the ten (10) days following notification, they shall be considered to be in violation and subject to a tine as provided in Chapter 1 of this Code. The provisions
of this section shall apply only to the owner of the servient estate or the property burdened by the easement and shall not apply to the grantee or holder of such easement. Property
owners and occupants shall be jointly responsible for nuisances and abatement thereof under this article up to the curb or sidewalk. and between the curb and sidewalk. of the Supp. No.
31 909 • 
§ 10·24 ADDISON CODE ,. streets and to the pavement of alleys on abutting property they OWn or occupy. Existing drainage areas and creeks traversing drainage and floodway easements within
the city shall remain as open channels funless required to be enclosed by other ordinances) at all times and shall be maintained by the individual owners of the lot or lots that are
traversed by or adjacent to the drainage and flood way easements. The city shall not be responsible for maintenance or operation of said creeks or drainage or for any damage or injury
to private property or person that results from the flow of water along said creek or drainage, or for the control of erosion. Each property owner shall keep the natural drainage area
channel and creek traversing the drainage and Iloodway easements adjacent to his property clean and free of debris. silt, growth, vegetation, weeds_ rubbish. refuse, matter and any substance
which would result in unsightly or unsanitary conditions or obstruct the flow of water. The city shall have the right. but not the obligation. to enter upon the easements at any point
or points with all rights of ingress and egress for the purpose of inspection and supen"ision of maintenance work by the property owner to alleviate any undesirable conditions which
may occur. (Ord. No. 155. § 3. 5-21-73; Ord. No. 206. § 7. 4·21·75; Ord. No. 821, § 4. 8-10-82: Ord. No. 087·068. § 1. 10-13-87) Sec. 10-25_ Other properties. The pro\'isions of the
preceding sect.ioll 􀁾􀁨􀁡􀁩􀁩􀀠appiy to all other real properties occupied or unoccupied. except that the require' :!H,nt of a ten UQ) day official notification is met and fulfilled
when the mayor or an authorized agent of the city has given ten 10'1 dn...􀂷􀁾􀂷􀁾􀀠notice in writing at least one time in any calendar 􀀺􀀺􀁃􀀧􀁾􀁕􀀧􀀠to the person who i5 creating
the nuisance by letter 􀁡􀁤􀁾􀀠􀁤􀁬􀀧􀁾􀀺􀀳􀀺􀀺􀀻􀁾􀁤􀀠to ::iuch pt;;l"son at his post office address. or by.publication : \q) ;:';1 􀁾􀀠imes \ .... ithin ten 110" consecuth'e days in
the city's otlicial otlicial :laper. ,O,.d. :"<0. 155. 􀁾􀀠3..L:?1·73: Ord, ::\0, 206. *;.4-21·75) .:-<tut,-'Iaw 􀁲􀁣􀁦􀁻􀀧􀁲􀁥􀁭􀀮􀂷􀁥􀀭􀁾􀁩􀀮􀁵􀁬􀀮􀀮􀁨􀁯􀁲􀀡􀁴􀁹􀀠(.Jr 􀁡􀁢􀁯􀁶􀁾􀀠sectIOn.
V.T.C.S .. ;\rt. 4436. Sec. 10-26. Authority of city to abate nuisances. 'a) If the owner of property in the city does not comply with each ofthe applicable requirements ofthe preceding
sections 10-18 ::lrough 10·24 of this articie within ten (1Q) days oi notice of a yiolation. the city shall ha\'e the right, but not the obligation, to: 􀁾􀁵􀁰􀁰􀀬􀀠S". 31 910 • 
􀁏􀁆􀁆􀁅􀁾􀁓􀁅􀁓􀀭􀁍􀁉􀁓􀁃􀁅􀁌􀁌􀁁􀁎􀁅􀁏􀁕􀁓􀀠§ 10·25, (1) Do the work or make the improvements required; and (2) Pay for the work done or improvements made and charge the expenses to
the owner of the property. (b) The notice referred to in subsection CaJ of this section must be given: (1) Personally to the owner in writing; (2) By letter addressed to the owner at
the owner's post office address; or (3) By publication at least twice within ten (10) consecutive days if personal service cannot be obtained or the owner's post office address is unknown.
(e) Nothing herein shall be construed to place the burden of maintenance of any property or easements, as "easement" is de· fined in these provisions, including, but not limited to,
drainage and floodway easements on the city. (d) This section shall be construed to conform to the require· ments and provisions of the State Health and Safety Code, section 342.006.
(e) The expenses to be charged to the owner of the property, as authorized by subsection ,a)(Zl of this section. shall include: (1) The amount paid by the city for the work done or improve·
mentsmade; (Z) The costs of inspection: (3) The costs of publishing notice in the newspaper: and (4) An administrative fee of fifty dollars ,S50.00l to coyer the costs of identifying
and notifying the ovmer oj the property, and incidental expenses. \0 In the event that the owner of the property fails or refuses or :or any other reason does not pay the expenses specified
in sub· section Ie) of this section within thirty (30) days after the first day of the month following the month in which the work was done or improvements were made by the city, the
governing body of the city may assess expenses incurred. those a'<penses defined in sub· Supp. :>10. 3t 911 • 
§ 10·26 􀁁􀁄􀁄􀀡􀁓􀁏􀁾􀀠CODE section (el of this section, against the real estate on which the work was done or improvements made by the city. (g) To obtain a lien against the property,
the governing body, the city health authority, the city manager, or city tax authority shall file a statement of expenses, those expenses defined in sub· section (ei of this section,
with the county clerk. (h) The lien obtained by the city is security for the expendi· tures made and interest accruing at the rate often (10) percent on the amount due from the date
of payment by the city. (i) The lien is inferior only to: (ll Tax liens; and (2) Liens for street improvements. Ii) The city may bring a suit for foreclosure in the name of the city
to recover the expenditures and interest due. (k) The statement of expenses or a certified copy of the state· ment is prima facie proof of the expenses incurred by the city in doing
the work or making the improvements. (I) The remedies provided by this section shall be in addition to all other remedies available to the city. (Ord. No. 092·009, § 2, 1·28·92) Editor's
note-Section 1 of Orci. No. 092·009, adopted Jan. 28. 1992. repealed former § 10·26 and § 2 of the ordinance enacted a new § 10·26 in lieu thereof. The repealed provisions pertained
to the authority of the city to abate nuisances and derived from Ord. No. 155. § 3, adopted May 21,1973; Ord. No. 206, § 7. adopted April21,1975: Ord. No. 084·023, § 1. adopted April
10,1984: and Ord. No. 087·68. § 2. adopted Oct. 13. 1987, Sec. 10·27. Reserved. Editor's note-Ord. No, 087·068. § 3. adopted Oct. 13. 1987. repealed § 10·27, relative to the duties ot
abutting property owners and occupants concermng the abatement 01 nuJsances. The prOvisions of former § 10·27 derived from urd. No. 206. § 8. adopted April :21. 1975. Sec. 10·28. Reserved.
Editor's note-Section 1 ofOrd. -:\0. 092·009, adopted Jan, 23. 1992, 􀁾􀀨􀀾􀁰􀁥􀁡􀁬􀁥􀁤􀀠former § 10·28, \yhich pertajned to expenses incurred pursuant to iormer § 10·26 in abating nuisances.
anci derived from Ord. No. 155. § 4, adopted 􀁾􀁬􀁡􀁹􀀠:H. 1973; Ord. No. 206, § 9, adopted A!;Jril21.197S: Ord. No. 084·023. § 2. aciopted_-\prilHi. 1934; and Ord. Xo. 08i·065. § 4
. .:tdopted Oct. 13. 1987. Bupp. !\o. ;31 􀁾􀀩􀀱􀀲􀀠• 
WOLFE CLARK & HENDERSON, L.L.P. ATTORNEYS & COUNSELORS JAMES E. HENDERSON (1905·1991) 123 N. CROCKE1T STREET. SUITE 100 WIWI\M R. BRYANT(1919.1979) SHERMAN. TEXAS 75090 JAMES CORLEY
HENDERSON JOSEI'll W. WOLFE (903) 868·1933 JAMES C. TIDWElL RONAID H. Cl.ARK (903) 892·2397 (FAX) AMOS 1-MAZZANT october 4, 1993 Mr. John Baumgartner, 􀁐􀀮􀁅􀁾􀀠Director of Public Works
Town of Addison P. O. Box 144 Addison, TX 75001 Re: Kappler, et al v. Addison, et aI, Cause No. 93-3831-A Kezoh. et aly. Addison. et al. Cause No. 93-3827-E Dear John: Enclosed are two
revised original Affidavits for your review and signature. One is for the Kappler case and one is for the Kezoh case. Please remove the copies of the plats attached to the first Affidavits
and attach them to these Affidavits. I would appreciate it if you would review these Affidavits. If any changes are needed, or any blanks need to be filled in to make them absolutely
correct, please call me. If they are correct, please sign them before a Notary and, where indicated, ask Carmen Moran to sign them. Please let me know if you have any questions or suggestions
concerning this matter. very truly yours, Ronald H. Clark RHC/smw Enclosures: Affidavit of John Baumgartner (2) 
CAUSE NO. 93-3831-A SHANDRA KAPPLER, INDIVIDUALLY * AND ON BEHALF OF THE ESTATE * OF MATTHEW B. RODEN, DECEASED * * V. * IN THE DISTRICT COURT OF MULTIVEST REAL ESTATE FUND, LTD., SERIES
V., DOING BUSINESS AS GREENHAVEN VILLAGE APARTMENTS, AND ** * * * DALLAS COUNTY, TEXAS NEW YORK LIFE INSURANCE COMPANY, DOING BUSINESS AS BROOKTREE APARTMENTS, AND ** * * 14TH JUDICIAL
DISTRICT * THE CITY OF ADDISON * AFFIDAVIT OF JOHN BAUMGARTNER STATE OF TEXAS * COUNTY OF DALLAS ** On this day came before me, the undersigned authority, JOHN BAUMGARTNER, who being
duly cautioned and sworn testified as follows: "My name is John Baumgartner, I am over 21 years of age, I have never been convicted of a felony or a crime of moral turpitude, I am competent
to testify, and I have personal knowledge of the facts set out herein, each of which is true and correct. I received a Bachelor of Science degree in Civil Engineering from the University
of Idaho in 1983. I am a registered professional engineer, registered in the state of Texas. I was employed as City Engineer with the Town of Addison from November 1990 through October
1992. Since October 1992, I have been employed as Director of Public Works for the Town of Addison. As part of my duties and responsibilities I am familiar with public AFFIOAVII OF JOHN
BAUJAGARI NfR .. •page 1 
works located in the Town of Addison, namely those public improvements built by the Town for public use, or built byprivate contractors and developers and turned over to the Town for public use. It is the regular course of business for the Town of Addison to keep and preserve plans of all public works
in the Town of Addison. This is done so that if repairs or improvements are needed, or if there is some need to verify some aspect of the public work, the plans will be available. As
part of my duties and responsibilities I am a custodian of these records. I have had a careful search made of the public works plans of the Town of Addison and have found no plan or
record of the culvert located between the Brooktree Apartments (formerly known as the Millcreek Apartments), 4020 Brookhaven Club Drive, Addison, Texas, and the Greenhaven Apartments,
3950 Brookhaven Club Drive, Addison, Texas, which discharges into Farmers Branch Creek. This culvert was not constructed, repaired, or improved by the Town of Addison at at any time
after I became city Engineer in November 1990. The absence of any plan or record in the Town's files concerning this culvert indicates to me that the Town never built, constructed, repaired,
or improved this culvert. When plans for construction are submitted to the Town of Addison for approval, or to obtain building permits, they are reviewed by various officials of the
Town of Addison. storm drainage on and across the property is the responsibility of the landowner, and the contractor or developer who is building the project. The engineer working for
the contractor or developer is AFFldAvli OF JoAN BAUMGAHINER ... page 2 
responsible for calculating the amount of water flowing on and across the property, and for designing drainage facilities which will handle the expected flow of water. During the review
process, Town engineers may check the drainage calculations, and check whether the designed drainage facilities can handle the calculated amount of water. However, there is no policy,
procedure, or ordinance, which requires, or involves the City's engineers or other staff in checking for fencing or safety measures around drainage facilities. While the building inspectors
generally inspect buildings to be sure that water will flow away from buildings, employees of the Town do not generally inspect culverts and other drainage facilities. The contractor
or builder's engineer is required to certify that the drainage facilities are built in accordance with the plans. I am not aware of any Town ordinance or policy which places any type
of safety standard or requirement concerning fencing or barricades around drainage facilities or or culverts so as to prevent falls or other accidents. The Town does not have a policy
of inspecting culverts on private property. The only time the Town might become involved in looking at or examining a culvert on private property is when that culvert has become clogged
or backed up, resulting in a back flow of water or flooding of other property. Attached to this Affidavit is a copy of a plat approved by the Mayor of the Town of Addison on December
6, 1976. It is the revised final plat for the Millcreek Apartments, now known as the Brooktree Apartments. As part of my duties and responsibilities as an engineer and as Director of
Public Works for the Town of AFFIDAvIt of JOHN SAUMGARfNER ... page 3 
Addison, I review such plats to determine the location of easements which may be used for, or considered as, public works of the Town. The plat shows that there is a drainage easement
located in the approximate location of the culvert in question in this suit. However, the dedication language on the plat dedicates only the sewer and fire lane easements. The water
easement is expressly not dedicated to the Town, and there is no dedication of the drainage easement. The Town of Addison does not regularly accept responsibility for dedicated drainage
easements. In fact, Town of Addison ordinance places the responsibility for drainage and floodway dedications and easements on the property owners. Attached is a certified copy of Sections
10-16 through 10-26 of the Code of Ordinances of the Town of Addison. Section 10-24 gives the Town the authority, but not the obligation, to enter upon easements. However, the section
specifically makes maintenance of any easements the responsibility of th'jlandOwners. " Signed this e􀁾day of 1!J#) , STATE OF TEXAS * COUNTY OF DALLAS * Subscribed and sworn to before
me, the undersigned authority, by JOHN BAUMGARTNER, who is personally known to me, on this 􀁾􀀠day of 􀁣􀀾􀁾􀁾􀀢􀁢􀂥􀀠, 1993. 􀁾􀁜􀁫􀀬􀀠6. 􀁌􀁾􀀶􀁜􀁇􀁩􀀧􀀠Notary Public -State of Texas
My Commission Expires: AFFIOAVrJ Of JoHN BAOMGAAfNER ...Page 4 MARILYN B. LEBLANC Notary Public. stU!! 01 16;S 􀁍􀁾􀀠􀁃􀁯􀁭􀁭􀁩􀁾􀁳􀀡􀁏􀁮􀀠􀁦􀀺􀁴􀁾􀀺􀁬􀁊􀁲􀁥􀁳􀀠C2124/SS 
OFFENSES-MISCELLANEOVS §10-16 the enjoyment of life or property uncomfortable or interferes with public peace and comfort, nor shall make or cause to be made any unreasonably loud, disturbing
or unnecessary noise in the city. This section shall not apply to noise associated with special events taking place within the city. The term "special events" shall means events which
are authorized by, approved by, orsponsored in whole or in part by the city and which events may result in noise from fireworks. bands or sound systems. exhibiting air· craft. race cars
or other noise'producing mechanisms. fOrd. No. 088·021. § 1.5·10·88; Ord. No. 088·051. § 1, l1.lIl1S} . _ Sec. 10-8. Same-Loading or unloading vehicles. The creation of unreasonably.
loud, disturbing or unnecessary noises in connection with the loading or unloading ofany vehicle is prohibited on any premises in a residential district or within a five hundred (500)
foot radius from any area Or property which is zoned for residential use except during the following days and times only: ),1onday through Friday-7:00 a.m.-7:00 p.rn. Saturdays. Sundays
and Holidays-1O:00 a.m.-5:00 p.m. (Ord. No. 088·021. § 1. 5·10·88; Ord. No. 090·024. § 1,5·8-901 Sees. 10-9-10-15. Reserved. ARTICLE II. MAINTAINING NUIS.-\.c,,"CE· Sec. 1001S. Penalties
generally. The pena!t,· provided for 0 "iolalion of this Code shall be in addition to and cumulativr of the provisions in this article for the abatement 01 nuisances lind charging the
cost 01 same against the owner 01 the pI'em!ses by the city. (Ore!. ::\0. 􀁾􀀱􀁬􀀶􀀮􀀠§ 12. -1·21·,5) IS. Stat..• Juw 􀁲􀁬􀀧􀁦􀀨􀀧􀀺􀀢􀀨􀀬􀀧􀁦􀁗􀁾􀀧􀀭􀁾􀀻􀁬􀁉􀁬􀁩􀀬􀀬􀀢􀀠h.n am! IW:lil
h W"h<t'l:..n. \" T '" 􀀧􀀬􀁾.. An. lA77 , t.'t ,!It'11. Supp. No.::!6 905 • 
§ 10·17 ADDISON CODE Sec. 10-l7. Definitions. For the purpose of this article, the terms used herein shall be interpreted as follows: GeneraL Any words not defined in this section shall
be construed in the context used and by ordinary interpretation and not as a word of art. Animal or animals other than dogs shall mean any animal, other than dogs, which creates a health
hazard or definite danger to the surrounding neighborhood. Bru-sh shall mean scrub vegetation or dense undergrowth. Business zoning district means any zoning district designated by the
comprehensive zoning ordinance of the Town of Addison as LR, C. 1·1. 1·2. 1-3. Any PD district is also included in this list, unless specifically excluded by its provisions. Carrion
shall mean the dead and putrifying flesh of an animal, fowl or fish. Filth shall mean any matter in a putrescent state. Impure or unwholesome matter shall mean any putrescible or nonputrescible
condition, object or matter which tends to. mayor could produce injury, death or disease disease to human beings. Matter shall mean that of which any physical object is composed. Nonbusiness
zoning district means any zoning district not designated as a business zoning district. Nuisance shall include stagnant or unwholesome water. sinks. privies, filth. carrion. weeds, rubbish,
brush and refuse. impure or unwholesome matter of any kind, objectionable. unsightly or unsanitary matter of whatever nature, litter or animal or ani· mals other than dogs, as defined
elsewhere in this section. Objectionable. unsightly or Ilnsanitary matter shall mean any matter, condition or object which is or should be objectionable, unsightly or unsanitary to a
person of ordinary sensitivities. Refuse shall .mean heterogeneous accumulation of worn out, used up, broken. rejected or worthless materials. Supp. No. 26 906 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀮􀂫􀀭􀀭�
�􀀠• .. 
OFFENSES-MISCELLANEOl!S Rubbish shall mean trash, debris, rubble, stone, useless fragments of building material and other miscellaneous useless wastes or rejected matter. Weeds shall
mean grass, weeds or brush of a height in excess of twelve (12) inches, but not cultivated vegetation. (Ord. No. 206, § l(a-l), 4·21-75; Ord. No. 088-027, § 1,6·28-88) State law referenee-Definitions
relating to minimum standards ofsanitation and h.alth protection. V,T.C,S,. Art. 4477·1. § 1. Sec. 10·18. Unsightly weeds and vegetation-prohibited. It shall be unlawful for any person
owning. claiming, occupying or having supervision or control over any real property located in a business zoning district, occupied or unoccupied, within the corporate lilults of the
city, to permit grass, weeds or brush to grow to a greater height than twelve (12) inches upon any real property. Furthermore. it shall be unlawful for any person owning, claiming, occupying
or having supervision or control over any real property located in a nonbusiness nonbusiness zoning district, occupied or unoccupied, within the corporate limits of the city, to permit
grass, weeds or brush to grow to a greater height than six (6) inches. In no event shall any person owning, claiming, occupying or having supervision or control over any real property
located in any district, occupied or unoccupied. within the corporate limits ofthe city, permit objectionable or unsightly matter to remain upon said property. (Ord. No. 63, 6-9-64;
Ord. No. 155, § 1, 5·21-73; Ord. No. 206, § 2, 4-21-75; Ord. No. 088-027, § 2, 6-28-88) Stale law reference-Authority !or above section. V.T.CS .. Art. 4436. Sec. 10-19. Same-Removal
and cutting of weeds, grass or plants. It shall be the duty of any person. owner. agent. occupant or anyone having supervision or control of any lot. tract. parcel of land. or a portion
thereof. occupied or unoccupied. within the city to take whatever action is necessary to remove. cut, eliminate. eradicate. control or cause to be removed. cut. eliminated. eradi· cated
or controlled, all such grass. weeds or plants as often as may be necessary to comply with this article. lOrd. 􀁾􀁯􀀮􀀠821. 􀁾􀀠1. 8·10·82; Ord. No. 088-027. § 3. 6-28·881 Supp. :-':0.
20 • • 
'. § 10·20 ADDISON CODE , Sec. 10-20. Same-Removal or deposit of dirt. gravel. etc. It shall be unlawful for any person to remove or deposit dirt. .' 􀀧􀀡􀀬􀀺􀁾􀀠􀀮􀀬􀁊􀁾􀁲􀀠J' gravel,
earth or topsoil from any land situated within the city unless such person provides for proper drainage following the removal or deposit of such dirt. gravel. earth or topsoil. By the
term "proper drainage." it is meant that the water drainage off such land shall not disturb the natural drainage so as to ad· versely affect city streets or adjoining property owners.
It shall be unlawful for any person to remove or deposit any such mate· rial unless he first secures a permit for such from the city. The owners of any private property where fill material
is placed shall cause tlie same to be graded and leveled within thirty (30) days from the placement thereof. (Ord. No. 821. § 2.8·10-82) Sec. 10-21. Zoning• .In !U'eas zoned commercial
or industrial under the zoning ordinance of the city. the reqUirements in sections 1017-10·20 shall be applicable to areas within two hundred (200) feet from buildings and areas within
two hundred (200) feet from property lines adjllcent to the bUilding on adjoining property owned by other persons. and within two hundred (200) feet of property zoned other than commercial
or industrial under the zoning ordij'lance of the city. (Ord. No. 206, § 4, 4-21-75) Sec. 10-22. Railroad rights-of-way. The provisions of this article shall be applicable to all railroad
rights-of-way. (Ord. No. 206, § 5,4·21-75) Cro•• reference-Motor ...·ehicles and traffic. Ch. 9. Sec. 10-23. Accumulation of lumber, boxes, junk, wrecked automobiles, machinery, etc.
It is unlawful and declared a nuisance for any owner or occupant. tenant or lessee of any premises improved or unimproved on which evidence of rat infestation is found. or any lots or
alleys adjacent to such property. to permit accumulation of any lumber. boxes. barre Is. bricks, stones or any other character of materials 908 • 
'. OFFE:-:SES-;'lISCEtLANEOUS 􀁾􀀠10·24 ' that may be used as a harborage for rats, rodents or other ver· min, unless same shall be placed on open racks and elevated not less than eighteen
(18) inches above the ground, with a clear intervening space underneath; or any and all waste matter, whether reusable or not, which is offensive to the public health, safety or to the
esthetics of the neighborhood, and is specifically intended to include, but not be limited to, worn out, wrecked andlor abandoned automobiles. trucks. tractors. machinery or any parts
therecf, brick, stones, old iceboxes. refrigerators and stoves, to accumulate or remain on such lot or premises. (Ord. No. 206, § 6, 4-21-75; Ord. No. 821, § 1. 8·10-82) State law reference-Authority
for above section. V.T.e.S., Art. 4436. Sec. 10-24. Nuisance located upon easements; duties of abut· ting property owners and occupants. For putposes of this section, the term "easement"
shall mean a right. vested in -the public generally or in the community as a whole, to use and enjoy the land of another person for a special. purpose. Such term shall include, but not
be limited to, all drain· age and floodway dedications or easements located within the corporate limits of the Town of Addison. In the event that a nuisance. as defined hereinabove at
section 10-17, is found to exist upon any easement within the city, or in the event that any person. firm or corporation whose property is burdened by any easement within the city limits,
fails to comply with the foregoing provision of this anicle. the city manager or his duly appointed representative may give a ten (10) day official notice to such person. firm or corporation
which is creating such nuisance or is violating the terms of this article. If such person, firm or corporation fails or refuses to comply with the provision of sections 10-18 through
10·20 within the ten (1m days following notification, they shall be considered to be in violation and subject to a fine as provided in Chapter 1 of this Code. The provisions of this
section shall apply only to the owner of the servient estate or the property burdened by the easement and shall not apply to the grantee Or holder of such easement. Property owners and
occupants shall be jointly responsible for nuisances and abatement thereof under this article up to the curb Or sidewalk. and between the curb and sidewalk. of the Supp. No. 31 909 ,.
• .. 
§ 10·24 ADDISON CODE ,. streets and to the pavement of alleys on abutting property they own or occupy. Existing drainage areas and creeks traversing drainage and floodway easements within
the city shall remain as open channels (unless required to be enclosed by other ordinances) at all times and shall be maintained by the individual own· ers of the lot or lots that are
traversed by or adjacent to the drainage and floodway easements. The city shall not be responsi· ble for maintenance or operation of said creeks or drainage or for any damage or injury
to private property or person that results from the flow of water along said creek or drainage, or for the control of erosion. Each property owner shall keep the natural drainage area
channel and creek traversing the drainage and t100dway easements adjacent to his property clean and free of debris, silt, growth, vegetation, weeds, rubbish, refuse, matter and any substance
which ,vould result in unsightly or unsanitary conditions or obstruct the flow of water. The city shall have the right, but not the obligation. to enter upon the easements at any point
or points with all rights of ingress and egress for the pur· pose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions which
may occur. (Ord. No. 155. § 3.5·21·73; Ord. No. 206, § 7. 4·21·75: Ord. No. 821, § 4, 8·10·82: Ord. No. 087·068, § 1. 10·13·87) Sec. 10·25. Other properties. The provisions of the preceding
section shaD appi;-to all other real properties occupied or unoccupied, except that the require· ment ot" a ten 1l0l day official notification is met and fulfilled when the mayor or
an authorized agent of the city has given ten :101 􀁤􀁡􀁾􀀧􀁳􀀧􀁳􀀠notice in writing at least one time in any calendar year 1:0 t he person who is creating the nuisance by letter addressed
(Q such 􀁰􀁾􀁲􀁳􀁯􀁮􀀠at hi:: post office address. or 􀁢􀁾􀂷􀀮􀁰􀁵􀁢􀁬􀁩􀁣􀁡􀁴􀁩􀁯􀁮􀀠;\\'01:2\ times within ten 110'1 consecuti\'e days in the city's official paper.. Ord. No. 155.
*3.5·:21·73: Ord. No. 206. *7, 4·21·75) Statl' law rcference-.':"utbority (llr abo....!::! sectIon. V.T.CS.. Art. -1-136. Sec. 10·26. Authority of city to abate nuisances. . ai If the
owner of property in the city does not comply with each ofthe applicable requirements ofthe preceding sections 10-18 ,'hrougn 10·24 of this artide within ten (10l days ot" notice of
a \·iolation. the city shall ha\'e the right. but not the obligation, to: 􀁾􀁵􀁰􀁰􀀮􀀠Xu. ;]1 910 • • 
( 􀁜􀁾􀁗􀁏􀁌􀁆􀁅􀀠CLARK & HENDERSON, L.L.P. A7TORNEYS& COUNSELORS JAMES h. H.ENDIiRSON (1905·1991) 123 N. CROCKETT STREET, SUl11l100 WIllJAM. R. !JR.YMIT (1919.1979) . 􀀭􀀮􀁾SHERMAN,
TEXAS 􀀷􀀵􀁾􀀠JAMES CORIE'l HE/Iro'DERSON 10SEPH W. WOU'E (96.1) 868·1933 JAMES c. TIDWElL (903) 892·2397 (FAX) AMOS L MAZZANT 􀁾􀀠September 23, 1993 Mr. John Baumgartner, P.E. Director
of Public Works Town of Addison P. O. Box 144 Addison, TX 75001 \ Re: Kappler, et al v. Addison, et aI, Cause No. 93-3831-A Kezoh. et al v. Addison. et al, Cause No. 93-3827-E Dear John:
Enclosed are two original Affidavits for you, Lynn, and Robin. One is for the Kappler case and one is for the Kezoh case. I would appreciate it if you, Lynn, and Robin would review these
Affidavits. If any changes are needed, or any blanks need to be filled in to make them absolutely correct, p:J.ease call me. If they are correct, please sign them before a Notary and,
where indicated, ask Carmen Moran to sign them. Please let me know if you have any questions or or suggestions concerning this matter. Very truly yours, Ronald H. Clark RHC/smw Enclosures:
Affidavit of John Baumgartner Affidavit of Lynn Chandler Affidavit of Robin Jones cc: Kenneth Dippel 
WOLFE ClARK & HENDERSON, L.L.P. AITORNEYS& COUNSELORS JAMES E. HENDERSON (1906-1991) 123 N. CROCKETf STREET. SUI1E 100 WJlliAM R. BRYANT (1919-!919) SlIERMAN, TI:XAS 75090 JAMES CORf.EY
HEJIDERSON JOSEPH W, WOLFE (903) 868·1933 JAMES C. TIDWELL RONALD H. CJ.ARl{ (903) 892-2397 (FAX) AMOS L MAZZANT september 9, 1993 Mr. John Baumgartner, P.E. /Mr. Lynn Chandler Director
of Public Works/Building Inspector city Engineer Town of Addison Town of Addison P. O. Box 144 P. O. Box 144 Addison, TX 75001 Addison, TX 75001 Mr. Robin Jones Director of streets Town
of Addison P. O. Box 144 Addison, TX 75001 Re: Kappler, et al v. Addison, et aI, Cause No. 93-3831-A 􀁾􀁥􀁺􀁯􀁨􀀮􀀠et al v. Addison. et al. Cause No. 93-3827-E Gentlemen: This will confirm
that we will be meeting with Plaintiff's attorney at the Service Center in Addison, at 1:30 p.m. on September 17, 1993. Lynn has told me that he will reserve the conference room for
that time. I would like to meet with you at 1:00 p.m., before our meeting with Mr. Walls, to·go over what. will be discussed in the meeting. Please let me know if you have any questions
or suggestions concerning this matter. very truly yours, 􀁾􀁰􀁊􀀠Ronald H. Clark RHC/smw cc: Mr. Ron Whitehead Mr. Ken Dippel 
WOLFE CLARK & HENDERSON, L.L.P. ATTORNEYS& COUNSEl.ORS JAMES It 􀁉􀁉􀁅􀁾􀀢􀁄􀁅􀁒􀁓􀀮􀁏􀁓􀀠(19@-1991) 1Z3 N. CROCKETI STREET, SUIIE 100 WlllJA.\{ R. BRYAl"T H91'J.191?} SHERMAN, TEXAS
75090 􀁊􀁁􀁾􀁅􀁓􀁃􀁏􀁒􀁌􀁅􀁙􀀱􀁾􀁾􀁅􀁒􀁓􀁏􀁎􀀠JOSEPH W. WOU"F. (903) 8611-1933 JAMES C. TIDWELL RONALD H. Cl..AR.K (903) 892·2397 (FAX) AMOSl.. 􀁾􀀢􀁔􀀠September 3, 1993 Mr. Ron Whitehead
Mr. Robin Jones city Manager Director of Streets Town of Addison Town of Addison P. O. Box 144Addison, TX 75001 /' P. O. Box 144 Addison, TX 75001 Mr. John Baumgartner, P.E. Director
of Public Works/City Engineer Town of Addison P. O. Box 144 Addison, TX 75001 Re: Kappler, et al v. Addison, et aI, Cause No. 93-3831-A Kezoh. et al v. Addison. et al. Cause No. 93-3827-E
Gentlemen: I have spoken with Mr. William Walls who is Plaintiffs' trial attorney in both of these cases. He and Mr. Kessler have told me that they may be willing to dismiss the case
if they can determine that the Town has no ownership or interest in the case. Mr. Walls suggested suggested a meeting with Town representatives familiar with the property, the Town's
records concerning the property, and what the Town's duties and responsibilities are. I suggest that Mr. Baumgartner and Mr. Jones attend the meeting. Additionally, if there is any Town
employee who was with the Town at the time these projects were constructed, and who can say that the culvert in question was not built by the Town, that would be helpful. When I met
with Mr. Jones and Mr. Baumgartner, they indicated that the supervisors who were employed by the Town at that time had left. Perhaps there is someone who was not a supervisor. If the
only people available with first hand knowledge are exemployees, then we need to ask one of them to attend the meeting. I would like to set up the meeting on September 9 or during the
week of September 13. Trial in the Kapper case is set for November 29 and I would like to avoid the time and expense of preparing for trial. 
Mr. Ron Whitehead Mr. John Baumgartner Mr. Robin Jones September 3, 1993 Page 2 I would appreciate it if you would let me know as soon as possible whether you will be available for such
a meeting, and who you suggest attend it in order to convince Plaintiffs that the Town has no ownership interest in the property, and was not involved in constructing the culvert. very
truly yours, Ronald H. Clark RHC!smw cc: Mr. Kenneth Dippel 
WOLFE CLARK & HENDERSON, L.L.P. A1TORNEYS & COUNSELORS JA"U3:S E HENDERSON (190S,I99!) 123 N. CROCKETTSffiEET. SUrIE 100 WjUlA."I: II.. 􀁂􀁒􀁙􀁁􀀢􀁾􀁲􀀠il919-19'19) SHERMAN, Tl!XAS 75090
lAMES CORLEY HE:J>,'DERSON lOSEPH W. WOLFE (903) 868-1933 lAMES C, TIDWEU. ROKAI.J) n. CLARK (903) 892· 2397 (FAX) AMOS L. MAZ.7A."" August 18, 1993 Mr. Ron Whi City 􀁾􀀱􀁡􀁮􀁡􀁧􀀠Town
of dison P. O. B 144 Addiso ,TX 75001 Re: Shandra Kappler, et al v. Town of Addison, et al Cause No. 93-3831-A Dear Ron: This case has been set for jury trial in the 14th District Court,
Dallas, Texas, on November 29, 1993. All discovery is to be completed by october 4, 1993. While we are trying to have the case dismissed, if it is not, it will be necessary for the Town
to have a representative at the trial. Please concerning developments. let the me caknow if you have any questions se. I will keep you informed or suggestions of further very truly yours,
Ronald H. Clark RHC!smw .' cc: Kenneth Dippel I John Baumgartner 
I HENDERSON BRYANT & WOL.FE, LL..P. ATTORNEYS & COUNSELORS 123 NORTH CROCKETT STREET ,JAMES E_ HENDERSON (1908·1991) P. O. BOX 340 STACI S. JOHNSON WILLIAM R_ SRYANT \1919-1979. JAMES
CORLEY HENDERSON SHERMAN, TEXAS 75091-0340 DEBORAH S. BURLESONJOSEPH W. WOLFE CURRY H VOGE:LSANG (903) 893-9421 DE90RAH L M:::GREGORY JAMES C. TIOWELL FAX (903) 692-2397 RICHARD E HARRISON
AMOS L MAZZANT T, scon SMITH NANCY O. WILLIAMS RONALD H. CLARK July 26, 1993 Mr. John Baumgartner, P.E. Director of Public Works Town of Addison P. o. Box 144 Addison, TX 75001 Re: Kappler.
et al v. Addison. et al. Cause No. 93-383l-A Dear John: Enclosed is a copy of Plaintiff's First Request for Production and a draft of answers and objections. I have listed the maps you
provided me in response to Request No.5. I understand that you will be obtaining information from the tax records and from the utility department for us to include with this response.
If there are any other documents the Town has, which you believe would be responsive to any of the questions, please let me know. In order to meet the deadline for responding to this
request, plan to file the response August 13, 1993. Please let me know if you have any questions or suggestions concerning the case. I will keep you informed of further developments.
Very truly yours, Ronald H. Clark RHC/smw Enclosures: Plaintiffs First Request for Production of Defendant, City of Addison Answers and Objections to Plaintiffs' First Request for Production
of Defendant, city of Addison (DRAFT) cc: Ron Whitehead Kenneth Dippel 
SHANDRA KAPPLER, [XDIVIDUALLY ( ) IN THE DISTRICT COURT ..\ND 0)1 BEHALF OF '?HE ZSTXrE ( ) OF 􀁾􀁁􀁔􀁔􀁈􀁅􀁜􀁾􀀠J. 􀁾􀁏􀁄􀁅􀁾􀀮􀀠DECEASED I ) ?laintiffs ( ) VS, ( ) 􀁾􀀱􀁕􀁌􀁔􀁉􀁙􀁅􀁓􀁔􀀠REAL
ESTATE FUND, LTD., ( ) SERIES V, I 􀁾􀁏􀁉􀁘􀁇􀀠BlSINESS AS ( ) 14t.h JUDICIAL DISTRICT 􀁇􀁒􀁅􀁅􀁾􀁈􀁁􀁖􀁅􀁾􀀠VILLAGE APARTMENTS, AKD () ( ) NEW YORK 􀁾􀁉􀁆􀁅􀀠!\SlRAXCE COMPA)lY, ( )
DOIN(; BUSINESS AS BaOOKTREE : } ( ) I ) TilE CITY OF ADDISON, ( ) Liefendants ( ) DALLAS COUNTY, TEXAS PLAINTIFFS FIRST REGCEST FOR ?R(,·Dl'CTIO>l OF DEFE",DANT, CITY OF ADDrso?: TO:
The 􀁃􀁩􀁴􀁾􀀠o! Addison, Defendant, by and through its attorney of record, Ronald H, Clark, Henderson Bryant &. 1'I0lfe, L.L.P., 123 Crockett, P.O. Box 340, Sherman, Texas 75091, Plalnt.i
ffs, Shandra Kappler, indi,. iriually, and on behal f 0 f the est.ate of 􀁾􀁡􀁴􀁴􀁨􀁥􀁋􀀠B. Roden, deceased, request Defendant, TONn of Addison, to prodllce and permit inspec:ion and
􀁣􀁯􀁰􀁹􀁩􀀢􀁾􀀠of tile documents described on the attached 􀁬􀁩􀁳􀁔􀁾􀀠();'" document:,; 􀀡􀀧􀁣􀁾􀁱􀁵􀁥􀁾􀁴􀁦􀀧􀁤􀀮􀀠Pursuant to 􀁾􀀮􀁒􀀮􀁃􀀮􀁐􀀮􀀠166(b), if Defer:G,cn;: does not.
It"\·,,, these records in ':hei;-􀀺􀁾􀁣􀁴􀁵􀁡􀁬􀀠possession nOh', 􀀻􀀺􀀬􀀮􀀻􀁩􀁐􀀮􀁾􀁾􀀠are 􀁬􀀧􀁜􀁾􀁱􀁬􀁬􀁥􀁳􀁴􀁥􀁤􀀠to obtain 􀁰􀀺􀁴􀀧􀁏􀁤􀁬􀁬􀁣􀁴􀁩􀀺􀀩􀀡􀁾􀀠·)f them from any go·.,:ern:71E::ltal
aL{enc;." Or' thi t"ci pflrtr from t:l-.ci;'i 􀀻􀀢􀀺􀀧􀁨􀁾􀀺􀀧􀀭􀀧􀀠have a right to cCi:ipel i)r·odllcl.iotl or said d,oc:unlents. 􀁆􀁈􀀧􀁴􀀧􀁾􀁩􀀢􀀺􀁥􀀡􀀢􀀧􀀬􀀠i)Ursuant to T.R.C.P.
􀁾􀀻􀀻􀀧􀀷􀀮􀀠Plaintiff! Shandra Kappler, 􀁲􀁥􀁱􀁮􀀡􀀿􀁓􀁾􀀭􀀮􀁂􀀠􀁾􀀬􀁨􀁡􀁴􀀠the end named doc:tinent3 C:' cOP1Ps ;-h,Pt'!?OT be made 􀀧􀁬􀁖􀀧􀀺􀀺􀀱􀁩􀁊􀀻􀀡􀁢􀁾􀁥􀀠>":"C the offices
of A.ttorney :"':n' r)l;'ltIlCl ['f. Shandra Kappler, ,.... j t.hi1'. 􀁾􀀺􀀧􀀻􀀬􀀺􀀺􀀧􀁴􀀺􀀺􀀭􀁯􀁮􀀨􀀿􀀠\ 􀀺􀁾􀁬􀀩􀀠days of 􀀺􀀺􀁾􀁬􀁅􀀡􀀧􀀠􀀭􀀻􀀧􀁛􀀺􀀮􀁴􀀺􀀮􀁾􀀠􀁯􀁾􀂷􀀠􀀢􀀻􀀻􀁴􀁾􀀡􀀧􀁜􀀧􀀺􀁃􀀨􀀧􀀠n
t' t.his reques t . 􀁒􀁅􀁓􀁐􀁅􀁃􀁔􀁆􀁾􀁌􀁌􀁙􀀠􀁓􀁕􀁄􀁾􀁉􀁔􀁔􀁅􀁄􀀺􀀠, "'-....--:: ' 􀁂􀁾􀀻􀀢􀀧􀀺􀀠-::-' 􀁾􀀠----:.. ."c..""_-===::::: F. 􀁓􀁾􀁥􀁜􀀧􀁥􀁲􀁬􀀠􀁋􀁥􀁳􀁳􀁬􀁾􀁾􀁾􀀠􀁩􀁜􀁩􀀳􀁳􀁳􀀱􀁦􀀮􀀺􀁴􀁾􀀠
.\. ;\or'hy, F.e. 8300 0o:!glas 1 .:;:800 􀁦􀀩􀁡􀁬􀁬􀀮􀁾􀁳􀀬􀀠􀁾􀀧􀁥􀁸􀁡􀁳􀀠752::.!5 􀁔􀁰􀂷􀂷􀁾􀁡􀁳􀀠?ar :--:0. 11:)58150 􀁾􀀠21·1-; ;;ri:J-527B { 2 1. 'f} 􀁾􀀠6 '] -:) 1 ;; 7 (i';1
􀁜􀁾􀀠) 
CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing ',as mailed by Certified Mail to Ronald 11. Clark, attorney for Defendant, on this {'l-:',day
of July, 1993. /--'t,/.. : . 1':,L:\lYrIFFlL,I':IRS7 􀀺􀁻􀁅􀁑􀁴􀁾􀁅􀀵􀀺􀁲􀀠F0.R tllqmr::OOiL<JE :: 􀁅􀁊􀀺􀀺􀁾􀀺􀁬􀁬􀁬􀀩􀁁􀁎􀁔􀀠􀁾􀁉􀁔􀁌􀁓􀁬􀁬􀀧􀁾􀁜􀁊􀀩􀀱􀀩[SON -Pa<>;o 􀁾􀀠of 5 
􀁐􀁅􀁆􀁉􀁎􀁉􀁔􀁉􀁏􀁾􀁓􀀠& 􀁉􀁎􀁓􀁔􀁒􀁕􀁃􀁔􀁉􀁏􀁾􀁓􀀠1. As llsed herein, the terms rlyou", flyours" 1 and lI yotlr " shall mean and include the Defendant, City of Addison. Z. ,\s used
herein, the "ords '"and'" and "or she.ll be construed either conjunctively or disjunctively as required by the context to bring '<ithin the scope of this Request for Production nny information
that might be deemed outside their scope by another construction. :3. As used herein, all i,;ords used in their ;:..;i:1!Slllar forms shnll be deemed to enclude the I;ords in their :)luI'"l
fat'm. -I. ,-\s to any information ,,'hich ::."ou refuse to "I'o\-ide on grounds of privilege, please state: a. The subject matter of the information you claim is privileged; b. By whom
the information was generated or communicated; c. The circumstances under which the information was generated or commllnicated; d. To "hom the information I;I'\S 'l'enerl'\ted or communicated;
e. Each and every other fact llpon 􀁾􀁨􀁩􀁣􀁨􀀠you rely to support YOlir claim of privllege. 5. ,-';s used herein, the term "documents" shallmean ".nd inclttde any Jnethod or means of saving, recording, 􀁴􀁲􀁡􀁮􀁳􀁭􀁩􀁾􀁴􀁾􀁩􀁮􀁧􀀠or exchang,ing information, other than orallYt and 􀁩􀁮􀁣􀁬􀁵􀁤􀁩􀁮􀁾􀀠\.;itnout limitation,
an;:,t letter, note, lnemorandum, drav.;in151 map1 rlat., 􀁴􀀮􀁥􀁬􀁥􀁾􀁲􀁡􀁰􀁨􀀬􀀠tp.lex, telecopies, cable, computer diSCI l;ho'=.o-grapil, film, movie, audio tape} videO tape, or other
elect:..ronlt,: 􀁾􀀱􀁉􀁅􀀾􀂷􀁬􀁩􀁵􀁭􀀮􀀠6. This Request For Proallction shall he deemed conI'. 􀁾􀀡􀀢􀀱􀀱􀀱􀁾􀁮􀀧􀀲􀀻􀀠tn nature pursuant to Rule 166b of the Texas RulE'S 􀀮􀁾􀁦􀀠Civil
?::-oc:pf111re so as to require 􀁾􀁲􀁯􀁵􀀠to It!i:"1K-? Bllpplement8.1 􀀺􀀺􀀭􂂬􀀬􀀺􀀻􀀮􀀮􀀺􀁰􀀼􀀩􀁮􀀻􀀭􀀩􀁦􀀭􀁾􀁓􀀠.!:r.rl0r 􀁪􀀺􀁉􀁈􀁾􀀠provisioll of those rules. 
REQCEST fOR 􀁐􀁒􀁏􀁄􀁕􀁃􀁔􀁉􀁏􀁾􀀠1. Copies of nny '.;ri tt.en or 􀁥􀁬􀁥􀁣􀁴􀁲􀁯􀁮􀁩􀁣􀁡􀁬􀁬􀁾􀀧􀀠􀁲􀀨􀁾􀁣􀁯􀁲􀁤􀁥􀁤􀀠'''L:1tement and transcription of anr oral statement, 􀁾􀁩􀁶􀁥􀁮􀀠by
or taken from Plaintiffs 􀁾􀁨􀁪􀁣􀁨􀀠mentions, discusses, describes or relates to any of the 􀁥􀁶􀁥􀁮􀁾􀁳􀀠or claims described in Plaintiffs' 􀁏􀁲􀁩􀁾􀁩􀁮􀁡􀁬􀀠Petition. 2. CO!,)ies
of aI' wodels, movie::;, 􀁶􀁩􀁤􀁥􀁯􀁴􀀬􀁈􀁰􀁰􀀮􀁓􀁾􀀠charts, photographs. maps, draNings, and electronic rpcor'dings depicting or purporting 1:0 depict the scene of the de'lth i.n <.!uestion
or ;lny reconstruction of the death in quest ion 01' an>' "f t.he eVt'nts 􀁬􀀺􀀧􀀧􀀧􀀾􀁡􀁤􀁩􀁉􀀱􀁾􀀠up to !-.he death in <.!uestion. :3. ('of,des of ,any and ?111 tloCumencs 􀁰􀂣􀁏􀀺􀁲􀁴􀁈􀁩􀁮􀁩􀁮􀁾�
�to, or connech=d t .. itb r the installation, 􀁲􀁮􀁮􀁴􀁮􀁴􀀮􀁦􀀿􀁮􀁡􀁮􀁾􀁥􀁬􀀠􀁲􀀡􀀿􀁰􀀮􀀺􀁬􀁩􀁴􀁾􀀠or replacement of the 􀁣􀁬􀁬􀁬􀁾􀁥􀁲􀁴􀀠described in 􀁐􀁍􀁲􀁒􀁾􀁲􀁒􀁰􀁨􀀠TV of Plaintiffs'
Original Petition or the fence describpd in 􀁐􀁡􀁲􀁡􀁾􀁲􀁮􀁰􀁨􀀠V of Plaintiffs' Orl,inal Petition. 4. Copies of any and all documents 􀁰􀁥􀁲􀁴􀁡􀁩􀁮􀁩􀁮􀁾􀀠to the 􀁯􀁜􀁶􀁮􀁾􀁲􀁳􀁨􀁩􀁰􀀬􀀠l'i!5ht
to possession of, ot' 􀁣􀁬􀁴􀁬􀁴􀁜􀁾􀀠to maintain. of the property on "hich the accident in quest.ion occllrren, described in Plaintiffs' Original Petition, incluuino;, bllt not limited
t,o, deeds, contracts of sale, 􀁾􀁥􀁡􀁳􀁥􀀠agreements, nlaps, plats, bllilding 􀁰􀁬􀁾􀁩􀁮􀁳􀀬􀀠appraisals, and Sltrveys. " . Copies of all maps, plats. charts, 􀁱􀁬􀁊􀁲􀁶􀁥􀁙􀁾􀁬􀀠and
􀁤􀁲􀁡􀁷􀁩􀁮􀁾􀁳􀀠shONing: ,ql1 or any part of the properr",' on "hi ch the accident occurred as described in Plaintiffs' 􀁏􀁲􀁩􀁾􀁩􀁲􀁬􀁡􀁬􀀠􀁐􀁾􀁾􀁩􀁴􀁩􀁯􀁮􀀮􀀠􀁇􀁾􀀠Cop:: of any and
all photographs l \'i.de0t;::>.pes, movies, :nodels, \"ritten !"e!Jorts, st::::lteJnents, trn!lsr.l'i.ptions, (;"·lectronic.;tlly 􀁲􀁾􀁣􀁯􀁲􀁤􀀮􀁥􀁤􀀠􀁳􀁴􀀻􀁬􀀮􀁴􀀻􀁾􀁾􀀺􀁬􀁅􀀧􀁲􀁮􀀺􀀺􀀮􀁳􀀩􀀠char'ts
, maps, 􀁤􀁲􀁁􀀮􀁜􀀬􀀺􀁩􀁮􀁾􀁳􀀬􀀠􀁮􀁯􀁲􀁆􀁾􀁓􀀺􀀠􀁣􀁡􀁬􀁣􀁵􀁬􀁡􀁴􀁩􀁯􀁮􀁾􀁊􀀠computer p·l'intol!ts, and other documents. 􀀱􀁾􀀨􀀬􀁈􀁤􀀠!)r re\'ieh;elj b:,· 􀀻􀀻􀁩􀀮􀁮􀁾􀂷􀀠pxp0rL \.;itnp.ss
􀁾􀀬􀂷􀁯􀁴􀀮􀁴􀀠IDa:: c:l.ll as a 􀁷􀁩􀁴􀀢􀁮􀁦􀁾􀀸􀁂􀀠;;,t tr."ltl, or provided to 􀁡􀁮􀀺􀁾􀀠("'xpect h-i:',:';ess ;:rJU 1118r ":-:11J :-1t tri.al, ;n connEction h;ith J or i!1 pr:'::par'ntJor1
􀀮􀀺􀀮􀀺􀁯􀁲􀁾􀀠::"his cas? 7. f':opi.?s of ,qny ;;1,na ,0.1.11 􀁰􀁨􀁯􀁬􀀺􀁯􀁾􀁲􀁡􀁰􀁨􀁳􀀠I vi.deotapes, movies, mod01s, h1ri tten reports, !;taT.?ments, 􀁲􀁾􀁲􀁡􀁮􀁳􀁣􀁲􀁩􀁰􀁴􀁩􀁯􀁮􀁳􀀬􀀠electronica
lly !"0cordeti 􀁾􀁴􀁡􀁴􀁥􀁭􀁥􀁮􀁴􀁳􀀬􀀠􀁣􀁨􀁡􀁲􀁾􀁳􀀮􀀠maps} dt'nwi.ngs, notes, calculations, :!n(! computer pr!i.tol1ts, :l.nd 0thel'" documents S(.... nt to you or ::our 􀀻􀁩􀁬􀀧􀁌􀁯􀁴􀀧􀁲􀀺􀁾􀁾􀁹�
�by 􀁾􀁬􀁮􀁹􀀠􀁾􀁸􀁰􀁥􀀺􀁲􀀧􀁴􀀠you ::1ay call itS ;tn 􀁦􀀬􀁾􀁸􀁰􀁥􀁲􀁴􀀠t-,'j.t:ness at 􀁩􀁾􀁲􀁩􀁮􀁊􀀮􀀬􀀠;n t"OfHH:-C!'ion h'lLh, or i:-:: ?rc::>par::1tion fnr, thjs 􀀨􀀧􀁮􀁳􀁻􀀻􀁾􀀮􀀠8.
􀁃􀁮􀁮􀁩􀀨􀀺􀁾􀁳􀀠uf any find all 􀁰􀁨􀁯􀁴􀁯􀁾􀁲􀁈􀁰􀁨􀀤􀀬􀀠\Fi.deotftl1es, mo\·'lt.:'s, mod('ls ...·.. ri tt8n :'€'ports, stn.tements , trnnscript.i.ons, 􀁾􀁾􀀡􀀨􀀿􀁣􀁴􀁲􀁯􀁮􀀮􀁬􀁣􀀺􀁬􀀮􀁬􀁬􀀻􀀮􀂷􀀠
!'C"t.'ordeci st<.\l:e!lI(:"nt..c:, chrlr'Cs, maps, 􀁤􀁲􀁡􀀧􀁩􀀢􀁤􀁮􀁾􀁳􀀬􀀠note;...;, 􀁣􀀻􀀮􀀺􀁤􀀬􀁣􀀺􀁴􀁴􀁬􀀧􀁾􀁬􀀮􀁴􀁩􀁯􀁮􀁳􀀡􀀠,:ompur.f.'r !,rjntottl:.s, and ..:1thcr riOCI1ITIP!1tS
sent h,\' :."on or rOlll" ",\!. {or'n,:;,,:-' 􀁾􀀺􀁯􀀠.lny 􀀻􀀺􀀭􀀢􀀺􀁱􀀩􀁾􀁲􀁴􀀠􀁾􀀧􀁏􀁬􀁴􀀠'i<P.:":Y cnl] tlS :'11 e:ip(:·r't. h'i,tness at t.rial, til ·('onn('ctinll :,i::::i, ot'
in 􀀺􀀩􀁴􀀢􀁣􀁾􀁰􀁡􀁲􀁡􀁴􀁩􀁯􀁮􀀠for, I.lIi;.:; \..;\:>{(..... "1. (.'OP1(;-'9; ,-:;t ;tnr iltlcl all 􀁰􀁨􀁯􀁴􀁯􀁾􀁲􀀻􀀺􀁴􀁰􀁨􀁮􀁬􀀠􀁶􀁩􀁤􀀰􀁯􀁴􀁡􀁰􀁥􀁾􀀬􀀠:110\'!/?S, r:!odcLs, h'r'l
t 􀁾􀀨􀀧􀁮􀀠:':"'par<ts, ::.;t.'tt"'lflPnts, 􀁴􀁬􀀧􀁮􀁴􀁬􀁅􀁃􀀱􀁾􀁩􀁬􀀩􀁴􀀠ions, c-lcctronically PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DEFEXDA.'T, CITY OF ADDISON -Page 4 of 5 
recorded statements, cllarts , maps, 􀁤􀁲􀁡􀁷􀁩􀁦􀁬􀁾􀁳􀀬􀀠not{)R, 􀁣􀁡􀁩􀁃􀀺􀁩􀁬􀁾􀁴􀁩􀁯􀁮􀁳􀀬􀀠computer printouts, and other documents, any expert h'1 tness ;.-Ol( 􀀻􀀺􀀱􀀬􀀧􀀱􀁾􀀧􀀠('all
at trial, has prepared, or has hAd prepnl'ed. 􀁢􀁾􀀢􀀠hnothi?r individual or computer, in connection \vith forming any 􀁾􀁨􀁥􀁯􀁲􀁙􀁉􀀠opinion, or concl1!sion in this case, or in conne-ctian
:;ith rejecting anr 􀁴􀁨􀁥􀁯􀁲􀁾􀂷􀀬􀀠opinion, or conclusi.on i.n ;-.hls casf:'. 10. Copies of All rhotographR, \"ideotapes l rno,-ies, :::odels, h;r i t ten repo r t:s I s tatements.,
t ransc rip t i onB I f> 1PC!.' ;"0::-1 i c <'",-11.'" recorded statements, charts, maps, 􀁤􀁲􀁡􀁷􀁩􀁮􀁾􀁳􀀬􀀠Jlotes, 􀁣􀁡􀀱􀁣􀁴􀁩􀁬􀁾􀁴􀁩􀁯􀁮􀁳􀀬􀀠('omput.er pri:1tolll.:s f Jind nther
document:.:;; !-.... l'ep;tred br "!ny t?xpt?:rt ;..,-i tness 'h,'ho may not: 􀁢􀀨􀁾􀀠cu tlt?'d as a 􀁾􀀮􀀻􀀱􀀠tnesR 􀁾􀁤􀀺􀀠.')pinion8 􀁲􀀬􀀩􀁾􀁾􀀠i;;lpres::-ions !1Cn-e 􀁢􀁥􀁴􀁾􀁮􀀠􀁴􀀧􀁥􀁜􀁾􀀩􀁅􀀧
􀁜􀀮􀀮􀀻􀁥􀁤􀀠!;y Hll.\.-􀀱􀂷􀀬􀂷􀀺􀂷􀀺􀁴􀀮􀁌􀁬􀀧􀀺􀀮􀂷􀁬􀁾􀀧􀀴􀀠􀀬􀀢􀀺􀀿􀀻􀀧􀀮􀁾􀂷􀂷􀁆􀀬􀀺􀀬􀁴􀀠you may call at trial. 11. Copy of each chart, table and gr8.ph ..:ontn.inerl :n an;.w
publication of the United States Government 0)" any at its subdivisions, revie;;.;ed by any expert you may cnJ.l ,15 ;:"tl1 <?'xpert Kitness, in formulating' or 􀁲􀁥􀁪􀁥􀁣􀁴􀁩􀁮􀁾􀀠anr
opinion conclusion or theory concerning this case, and for each :such chA.rt, table or graph. a copy of the title pale giving 􀁾􀁨􀁥􀀠date of publication of each such Government pUblication.
12. Copy of pach published chaet r rabll? Find grA.9h contained in 􀁾􀁮􀁹􀀠pUblication reviewed by any expert 􀁾􀀧􀁏􀁬􀁩􀀠;OAY call as all expert h'itness, in 􀁦􀁯􀁲􀁭􀁵􀁬􀁡􀁴􀁩􀁮􀁧􀁾􀀠or
l'ejecting 􀁡􀁮􀀻􀀮􀁾􀀠opinion, conclusion, or' theory concerning this case, and for E'clch 􀁾􀁩􀁬􀁃􀁨􀀠chart 1 table or 􀁾􀁲􀀴􀀮􀁰􀁨􀀬􀀠a 􀁣􀁯􀁐􀀻􀀧􀁾􀀠of the title page giving t.he
􀁤􀀺􀀱􀁴􀁾􀀺􀀠('f plIblication ni 􀁾􀁡􀁣􀁨􀀠such publication. l3. 􀁲􀀮􀀺􀁯􀁰􀁾􀁾􀀠of the current resume or CUC1'lC;t1ui:l '"i t.:'i.':, of o::-rlch 􀁾􀀢􀀢􀀮􀀢􀀺􀀡􀁊􀁊􀁥􀁲􀁴􀀠h"itness
you 􀁾􀁩􀁬􀁲􀀡􀀮􀁙􀀠(.'<.,11 <1t trial, 􀁾􀁮􀁣􀁬􀀻􀀺􀁤􀁩􀁬􀁾􀀧􀀻􀀠􀁾􀁟􀀻􀀧􀀾􀀧􀀮􀀠􀀩􀁾􀀮􀀠\i';' :)t!blicati01'ls 􀀻􀀧􀁾􀁉􀁬􀁴􀁬􀁩􀁯􀁲􀁥􀁤􀀮􀀠or co-authored hy +".':tct! ,.::.xpert 􀀢􀁾􀀧􀁩􀀠tnr:-.:;:
;:; j" "1.9.y ,cfltl at 􀁴􀁲􀁩􀁾􀀱􀀱􀀮􀀠1·1·, C"pies of photogrH!?hs; '"idt::otapes t i:,)\'l;:,s. 􀀧􀀻􀁾􀀭􀁩􀀮􀁴􀀬􀀮􀁥􀁾􀁬􀀮􀀠reports, ·:.;;tatemf"nt.s: transcriptions, 􀀮􀀭􀀿􀀧􀁬􀁣􀀺􀀢􀁣􀁴􀁲􀁯􀁮􀁬�
�􀀺􀁾􀁬􀁬􀀺􀀬􀂷􀀠􀀧􀁾􀀽􀀢􀀢􀀾􀀧􀁲􀁏􀁴􀁾􀂷􀀮􀀭􀀺􀁥􀀺􀁤􀀠"-)tat.ements, cl!FlrLs, maps, dra\.;ings, notes. 􀁣􀀺􀀺􀁴􀁬􀁣􀁵􀁩􀁡􀁴􀁩􀀮􀁯􀁮􀁳􀁾􀀠':"O<T9L:ter pr-intollts, c'..nd models, Hsed
by 􀁾􀁮􀀺􀀧􀀢􀀠􀁥􀁾􀁰􀁥􀁲􀁴􀀠i.;itnesses you ;nay call .:::.t trial, nr ;,\HY of their rlssociates or E'mployees, to ,:,xplnin 􀁾􀁨􀁥􀀠\",llISP. of 􀁾􀁩􀁡􀀺􀀮􀀠􀀺􀀭􀀧􀀮􀀮􀁾􀀻􀁣􀁩􀁲􀁬􀁥􀁮􀁴􀀠in
question or ;,lny of the 8\'f!'nts 􀀺􀀿􀀿􀁩􀁜􀁬􀁩􀁮􀁾􀀠:.l.p '() Lhe 􀀨􀀺􀀻􀁬􀁈􀁓􀁴􀁾􀀠r:f ;·tccidenr. in Cjllestion or Finy of their opi.nions :'\s ;:() ',·.'j;nt i-tny i)(,'('::.;on
􀁩􀁮􀁜􀀭􀁯􀁬􀁾􀀯􀁥􀁤􀀠i_n 􀁾􀀬􀁨􀁾􀀠accident -il.id i".hat (,();ltribu-:-.:":o t,;,.) 􀁾􀀧􀁲􀁆􀀺􀀧􀀠.'c:tccident or cOHld 􀁾􀀭􀁈􀀺􀁉􀁜􀀧􀁥􀀠done to avoId the /lcclltent. l;;. (""pi(l's
of .1.11 memoranda, not.ps, 􀁬􀁅􀀧􀁴􀁴􀁥􀁲􀁾􀀠;:1nd >:')thec docn.!lh?nt:.;; 􀁴􀀧􀁾􀀧􀁣􀀧􀀲􀁩􀁜􀀧􀁥􀁤􀀠fr'o;n :lny Gxpert. you m..􀁜􀀺􀀬􀀭􀁾􀀠call at t.eia 1.1 􀀬􀀧􀁱􀁾􀀠:.;;o;.... ![
..7() 'Iuy (;">,'<pi,?,,-r. 􀀬􀁾􀀭􀁏􀁴􀁬􀀠may cail at 􀁾􀀺􀁲􀁩􀀬􀀧􀁬􀀮􀁬􀀠􀁣􀁯􀁮􀀨􀀧􀁰􀁲􀁬􀁬􀁩􀁮􀀮􀁾􀀠􀁴􀀮􀁬􀁨􀁾􀀠􀀨􀁾􀁭􀁰􀁪􀀨􀀩􀀺􀀻􀁭􀁅􀀧􀁮􀁴􀀢􀀠,,}t :h0 􀁰􀀮􀀭􀀬􀀻􀁰􀁰􀁲􀁩􀁾􀁬􀀠'lll(:"8I.iol'l:-;
a:..::.l'l""'d 01" 􀁴􀁨􀁴􀁾􀀠P'\PP'l·t l 􀀮􀀭􀀩􀁰􀁩􀀬􀁮􀁪􀁯􀁮􀁾􀀠􀀡􀀱􀁅􀀾􀀱􀁾􀀺􀀠b;.-thf? 􀀬􀀮􀀢􀁸􀁬􀀩􀀨􀁾􀁲􀁴􀀬􀀠􀁬􀂷􀀡􀁾􀀬􀀾􀀠r'aL(':.; :0 􀁲􀀮􀀨􀁾􀀠􀁃􀀧􀁨􀁮􀁲􀁾􀁜􀀻􀀮􀀢􀀢􀁤􀀠hy' I.h(>
􀀬􀀮􀁾􀁸􀁰􀁥􀁲􀁴􀀬􀀠􀁨􀁩􀁬􀁬􀁾􀁮􀀺􀀻􀀠by 􀁴􀀬􀁨􀁾􀀭􀀺􀀬􀀠.:. x 􀁰􀁲􀀮􀁾􀀠rt 1 l::'P'j 􀀻􀁉􀀮􀀻􀁾􀀺􀁤􀀬􀀻􀀭􀀻􀀠r(n' 􀀮􀂷􀁉􀁩􀀧􀁬􀁾􀀧􀀭􀁊􀁬􀁡􀁾􀁮􀀠tOt' invo j 􀁲􀀺􀀬􀀢􀀧􀁾􀀠rrom :". he
'''': PI,.'" l' t 􀁾􀀮􀁮􀁤􀀠I 0 􀁴􀁾􀀠􀁾􀀺􀀻􀁴􀀺􀀻􀁭􀁥􀁉􀁬􀁌􀀻􀁾􀀠ii,:ld(" :0 the 􀁣􀁾􀀧􀁜􀁰􀀨􀁾􀁲􀁴􀀮􀀠in connection h"ith this 􀁾􀀺􀁡􀁳􀁜􀀿􀀠PLAINTIFFS FIRST REQUEST FOR PRODUCTION
OF 􀁄􀁅􀁆􀁅􀁾􀁄􀁁􀁎􀁔􀀮􀀠CITY OF ADDISON -Page 5 of 5 
CAUSE NO. 93-3831-A SHANDRA KAPPLER, INDIVIDUALLY * AND ON BEHALF OF THE ESTATE * MATHEW B. RODEN, DECEASED * * V. IN THE DISTRICT COURT OF* * MULTIVEST REAL ESTATE FUND, * LTD., SERIES
V., DOING BUSINESS DALLAS COUNTY, TEXAS* AS GREENHAVEN VILLAGE APARTMENTS, * AND '* 14TH JUDICIAL DISTRICT '* NEW YORK LIFE INSURANCE COMPANY, * DOING BUSINESS AS BROOKTREE '* APARTMENTS,
AND '* * THE TOWN OF ADDISON * ANSWERS AND OBJECTIONS TO PLAINTIJ'FS I FIRST REQUEST FOR PRODUCTIOl!J Of DEFENDANT« CITY OF ADDISON TO: SHANDRA KAPPLER, INDIVIDUALLY, AND ON BEHALF OF
THE ESTATE OF MATHEW B. RODEN, DECEASED, by and throuqh their attorney D record, F. Steven Kessler, Kessler & Korby, 8300 Douqlas, #800, Dallas, TX 75225. TOWN OF ADDISON, TEXAS, Defendant
in the above entitled and numbered cause, hereby answers Plaintiffs' First Request for Production of Defendant, City of Addison served on its attorney of record, Ronald H. Clark, by
Plaintiffs, as set forth on the Request for Production attached and incorporated herein. YOU are requested to notify Defendant's attorney if you intend to contest any objection. Respectfully
submitted, HENDERSON BRYANT & WOLFE 123 N. Crockett P.O. Box 340 Sherman, TX 75091 (903) 893-9421 (903) 892-2397 (FAX) 􀁂􀁹􀀺􀁾􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀁾􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭Ronald H. Clark
SBN 04298100 Draft ANSWERS AND bBJtt1l0RS 10 PLAIN1IFFS' FIRsI REQUESl FOA PROOUCIION OF DEFENDANi, eIIT Of ADblsoN...PME 1 
CBRTIFICATB OF SBRVICB This is to certify that a true and correct copy of the attached Answers and Objections to Request for Production of Defendant, city of Addison was mailed, certified,
return receipt requested, to Mr. F. steven Kessler, attorney for Plaintiffs, on this ____ day of , 1993. Ronald H. Clark :-". ANSWERS AND OBJEtl nms 10 PLAINllffs' FIRS. REQUESt FOR
PAOOUCIION OF DEfENOANI 1 tIl y OF ADOlSON .. .PAGE 2 
ATTACHED SHEET TO ANSWERS AND OBJECTIONS TO REQUEST FOR PRODUCTION RESPONSE TO REQUEST FOR PRODUCTION NO.1: Notes were taken concerning three statements made by Shandra Kappler to police.
See attached. Defendant objects to providing the entire police investigation report because it would require the release of documents protected under the Texas Open Records Act. The
release of such documents to any person would make them public records which must be released to all. Additionally, the rights of any informants under the "informer's privilege" would
be violated and the release of such information would serve to deter other citizens from cooperating with police. Any release should be under a protective order limiting their disclosure.
RESPONSE TO REQUEST FOR PRODUCTION NO•.2: Defendant is in possession of approximatelY 201 photographs of the scene. Counsel may view the photographs upon request or Defendant will provide
copies of the photographs at Plaintiff's expense. A representative sampling of photocopied photographs is attached. RESPONSE TO REQUEST FOR PRODUCTION NO.3: Defendant is not currently
in possession of any such documents. Defendant knows of no ownership or other interest it has in the property in question other than its being in the city limits. RESPONSE TO REQUEST
FOR PRODUCTION NO.4: See Defendant's response to Request for Production No.3. RESPONSE TO REQUEST FOR PRODUCTION NO.5: Defendant provides: a. Copy of portion of zoning map. b. Copy of
drainage map with rain calculations. c. Copy of apartment complex maps. d. Copy of maps 13 and 14, which represent detail map sections of Farmer's Branch, Dallas, and Addison. ANSWERS
AND oBJECtIoNS 10 PLAINIIFFS' fIRst "eaDESI FoR PRODUctIoN Of OEFENbANI, CIlY Of ADbISOA_._pAGE 3 
" RESPONSE TO REQUEST FOR PRODUCTION NO.6: No decision has been made to call any expert witness. Until Defendant, the Town of Addison, has had an opportunity to depose Plaintiffs and
determine the theories of their experts, it will not be able to determine what testimony will be relevant or needed to rebut such claims. RESPONSE TO REQUEST FOR PRODUCTION NO.7: See
Defendant's response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION NO.8: See Defendant's response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION
NO.9: See Defendant's response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION NO. 10: See Defendant's response to Request for Production No.6. RESPONSE TO REQUEST
FOR PRODUCTION NO. 11: See Defendant's response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION NO. 12: See Defendant's response to Request for Production No.6. RESPONSE
TO REQUEST FOR PRODUCTION NO. 13: See Defendant's response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION NO. 14: See Defendant's response to Request for Production
No.6. RESPONSE TO REQUEST FOR PRODUCTION No. 15: See Defendant's response to Request for Production No.6. ANSWERS ANb OBJEctIONS to pLAINtIFFS' FIRSl REQUEst FOR PRoDUCtION Of OEFENDANI.
CITy OF 􀁁􀁄􀁏􀁬􀁳􀁯􀁎􀁾􀀠..PAGE 4 .: .. 
RESPONSE TO REQUEST FOR PRODUCTION NO.1: 9:00 P.M. SHE ADVISED THAT SHE LAST MET WITH THE 􀁾􀁬􀁏􀁔􀁈􀁅􀁒􀀠OF THE VICTIM. LEFT THEIR RESIDENCE InTH SAW THE VICTIM AT 6:30 P.M. AS HE WITH
AND A LITTLE BLACK GIRL A LITTLE BOY THAT HE ALWAYS PLAYS KNOWN TO HER AS SHAUNA. 􀁾􀁎􀁖􀁦􀀺􀀮􀁓􀁔􀀮􀀠COLLINS MET !-11TH SANDRA DENISE KAPPLER l4/"" 03/10/71 OF 3902 BROOKHAVEN CLUB
DRIVE, ADDISON, 'TE){AS, THE MOTHER UF THE VICTIM. SANDRA KAPPLER STATED THAT AT 6:30 P.M., MATI-lEW LEFT THEIR f1ESIDENCC WITH SOME FRIENDS, ONE LITTLE 130Y THAT HE AI_WAYS PLAYS I-HTH
AND A LITTLE BLACK GIRL, SHAUNA. KAPPLEH STATED 'THAT MATTEI-l AL!-!AYS GOES TO TilE CREEK TO PLAY WI TH -,HE DUCKS. KAPPLER STATED THtH AT 7::30 P .1-1. , MATTEW HAD NOT HETLJFlNED
HOME SO SHE !-IALKED OUT BY THE CREEK TO LOOK FOR MATTEJ.l AND SHE SAW THE 􀁁􀁍􀁾􀀧􀁕􀁌􀁁􀁎􀁃􀁅􀀠PARKED BY THE C:,EE:(_ 
),.-.. . 􀁾􀀠t •.􀀢􀀭􀁾􀁟( J': . ..􀁾􀀮􀀠'': "'" .. f )....... 
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-f\),\\ II'\'\. 􀀭􀀭􀀺􀀺􀁾􀀠1\ -\ ttl;\'"> 􀁾􀁜􀀩􀀠􀁾􀀠» L ---:-IS' 􀀾􀁟􀀧􀁜􀀧􀁾􀀠i ::' 􀁾􀀠-. \ 
,. NORTH scale: 1":50' 
􀀭􀀭􀀮􀀮􀀻􀀭􀀻􀀺􀀻􀀮􀁾-""..;....:...---...:...+-+120'. 0' 120'[ 􀀭􀀭􀁾􀀭􀀭􀀺􀀠'" " J 􀁾􀀠 , 1 91PARKING TOTAL NO. CAR SPACES NO. REGUIREO ZONING 􀁾􀁅􀁥􀁅􀁒􀁖􀁅􀀠RAT I C L s 
, /El. fl' f"''1· i 􀀬􀀬􀁾􀁾􀀠. I • ., .;,."' -" I -, B' 􀁴􀁦􀁬􀀮􀁾􀁉􀀮􀂷􀀬􀀧􀀠: 9 7 '---'t!14J I I I I I I I I I I I I I I I I I II 6 I ! ,.! 1 SUMMARY I " i\i :---􀀭􀁾􀁉􀀠<:'1-, w
􀁾􀀠C:( . .J 􀁾􀀠o o II m .. 􀀬􀁾􀀠iii l. 􀁾􀀠--Ug"',S􀁾􀁾􀀠c--,E F F I CI E N C Y 432 1 -B.R. 1 -B. FL.AT 476 1 -B.R. 1 -B. FL.AT B73 1 -B.R. 1 -B. FL.AT \N(F.P. STUOY 7B9 1 -B.R. 1
-B. FLAT W/t=,R, 740 BSO1 -B.R. 1 -s. STUOIO 1 -B.R. 1 -B. STUDIO W/F.P,&BAL.. 720 2-B.R. 1 -B, FL.AT BB2 2 -B.R. 'I -B. FL.AT sqe 2 -B.R. 2 -B. FL.AT S21 2-B.R. 11/,,_ B STUDIO 1,020
􀁾􀁌􀀠NO.UNITS A 4B 1:CB 6S 24 B 90 0i!6 72 32 32 100 628 a. i I S <: -:S--T Y P E se:.:. FT. EA. NO. EA. 
".,,-SCAle IN MILES SCALE IN FEET i o 1O00 
DETAIL MAP SEC110N STARTS ON INDEX PAGE 181 , J SCALf IN FEET j 1000 2000 3000 ;0IlJ(. PAGE 102.3 
I HENDERSON BRYANT & WOLFE, L.L.P. ATTORNE'{S & COUNSE.LORS 123 NORTH CROCKETT STREET .JAMES E. HENDERSON !leoa-1ge)} P. O. BOX 340 5TACl 5 . ..JOHNSON W1LLlAM R. BRYANT l!919-1979J
JAMES CORLEY HENDERSON JOSEPH W. WOLFE DESORAH S. BURLESONSH e::RMAN, TEXAS 75091-0340 CURRY H. VOGELSANG DEBORAH L MCGREGORY(90:3) 893-9421 RICHARD E HARRISON .JAMES C. TIDWeLL RONALD
H CLARK AMOS L. MAZZANTFAX (903) 892-2397 T, SCOTT SMITH NANCY 0, WILLIAMS July 26, 1993 Mr. John Baumgartner, P.E. Director of Public Works Town of Addison P. O. Box 144 Addison, TX
75001 Kezoh. et al v. Addison. et aI, Cause No. 93-3827-E Dear John: Enclosed is a copy of Plaintiff's First Request for Production and a draft of answers and objections. I have listed
the maps you provided me in response to Request No.5. I understand that you will be obtaining information from the tax records and from the utility department for us to include with
this response. If there are any other documents the Town has, which you believe would be responsive to any of the questions, please let me know. In order to meet the deadline for responding
to this request, plan to file the response August 13, 1993. Please let me know if you have any questions or suggestionsconcerning the case. I will keep you informed of further developments.
Very truly yours, Ronald H. Clark RHCjsmw Enclosures: Plaintiffs First Request for Production of Defendant, City of Addison Answers and Objections to Plaintiffs' First Request for Production
of Defendant, City of Addison (DRAFT) cc: Ron Whitehead Kenneth Dippel 
.J UL 21 i993 NO. 93-03827-E PAUL B. KEZOH AND JOSEPHINE KEZOH, ( ) IN THE DISTRICT COURT INDIVIDUALLY AND ON BEHALF OF THE ( ) ESTATE OF PAUL B. KEZOHMAN, JR., ( ) DECEASED ( ) Plaintiffs
( ) VS. ( ) MULTIVEST REAL ESTATE FUND, LTD., ( ) SERIES V., DOING BUSINESS AS () 101st DISTRICT COURT GREENHAVEN VILLAGE APARTMENTS, AND () ( ) BROOKLAKE LTD., DOING BUSINESS ( ) AS
BROOKTREE APARTMENTS, AND ( ) PAUL E. THOMAS, INDIVIDUALLY ( ) AND AS A PARTNER OF BROOKLAKE ( ) LTD., AND JERRY D. SHIPLEY, ( ) INDIVIDUALLY AND AS A PARTNER ( ) OF BROOKLAKE LTD.,
AND ( ) ( ) THE CITY OF ADDISON, ( ) Defendants ( ) DALLAS 􀁃􀁏􀁬􀁾􀁔􀁙􀀬􀀠TEXAS PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DEFENDANT. CITY OF 􀁁􀁄􀁄􀁉􀁓􀁏􀁾􀀠TO: The City of Addison,
Defendant, by and through its attorney of record, Ronald H. Clark, Henderson Bryant & \Volfe, L.L.P., 123 Crockett, P.O. Box 340, Sherman, Texas 75091. Plaintiffs', Paul B. Kezoh and
Josephine Kezoh, individually, and on beha 1 f of the estate of Pau 1 B. Kezohman, Jr., deceased, request Defendant, City of Addison, to produce and permit inspection and copying of
the documents described on the attached list of documents requested. Pursuant to T.R.C.? 166Ib), if Defendant does not have these records in their actual possession now, they are requested
to obtain production of them from any governmental agency or third party from whom they have a right to compel production of said documents. Further, pursuant to T.R.C.P. 167, Plaintiffs,
Paul B. Kezoh and Josephine Kezoh, request that the end named documents or copies thereof be made available at the offices of attorney for Plaintiffs, Paul B. Kezoh and Josephine Kezoh,
within thirty-one (31) days of the date of service of this request. PLAINTIFFS FIRST REQ.1,JEST FOR PRODUCTI00i OF 􀁉􀀩􀁅􀁆􀁅􀁎􀁄􀁁􀁎􀁾􀀻􀁉􀁔􀁙􀀠OF ADDISON -Page 1 of " 
RESPECTFULLY SUBMITTED: By; :::; 6-/= 􀁾􀀾􀀢􀀠F. Steven Kessler Kessler & Korby, P.C. 8300 Douglas, #800 Dallas, Texas 75225 Texas Bar No. 11358150 (214) 369-5278 (214) 361-5157 (Fax)
CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing was mailed by Certified Mail to Ronald H. Clark, attorney for Defendant, on this 1"1#...
day of July, 1993. ,(? F. Steven Kessler P[,AINTIFFS FIRST REQUEST FOR .!,RODUC1'ION QF DEFENDANT, CITY OF ADDI SON -Page 2 of 5 
DEFINITIONS & INSTRUCTIONS 1. As used herein, the terms "you", If yours", and "yollr" shall mean and include the Defendant, City of Addison. 2. As used herein, the words "and" and "or"
shall be construed either conjunctively or disjunctively as required by the context to bring within the scope of this Request for Production any information that might be deemed outside
their scope by another construction. 3. As used herein, all words used in their singular forms shall be deemed to include the words in their plural form. 4. As to any information which
you refuse to provide on grounds of privilege, please state; a. The subject matter of the information you claim is privileged; b. By whom the information was generated or communicated;
c. The circumstances under which the information was generated or communicated; d. To whom the information was generated or communicated; e. Each and every other fact upon which you
rely to support your claim of privilege. 5. As used herein, the term "documents" shall mean and include any method or means of savini. recording, transmitting or exchanging information,
other than orally, and including without limitation, any letter, note, memorandum, drawing, map, plat, telegraph, telex I telecopies, cable, computer disc, photograph, film, movie, audio
tape, video tape, or other electronic medium. 6. This Request For Production shall be deemed continuing in nature pursuant to Rule 166b of the Texas Rules of Civil Procedure so as to
require you to make supplemental responses under the provision of those rules. PLAINTIFFS FIRST_REQUEST FOR PRODUCTION OF DEFENDANT, CITY OF ADDISON -Page 3 of 5 
REQUEST FOR PRODUCTION 1. Copies of any written or electronically recorded statement and transcription of any oral statement given by or taken from Plaintiffs which mentions, discusses,
describes or relates to any of the events or claims described in Plaintiffs' Original Petition. 2. Copies of all models, movies, videotapes, charts, photographs, maps, drawings, and
electronic recordings depicting or purport ing to depict the scene of the death in question or any reconstruction of the death in question or any of the events leading up to the death
in question. 3. Copies of any and all documents pertaining to, or connected with, the installation, maintenance, repair or replacement of the culvert described in Paragraph IV of Plaintiffs'
Original Petition or the fence described in Paragraph V of Plaintiffs' Original Petition. 4. Copies of any and all documents pertaining to the ownership, right to possession of, or duty
to maintain, of the property on which the accident in question occurred, described in Plaintiffs' Original Petition, including, but not limited to, deeds, contracts of sale, lease agreements,
maps, plats, building plains, appraisals, and surveys. 5. Copies of all maps, plats, charts, surveys, and drawings showing all or any part of the property on which the accident occurred
as described in Plaintiffs' Original Petition. 6. Copy of any and all photographs, videotapes, movies, models , writ ten reports, statements, transcriptions, electronical1o' recorded
statements, charts, maps, drawings, notes, calculations, computer printollts, and other documents, read or reviewed by any expert witness you may call as a witness at trail. or provided
to any expert witness you may call at trial, in connection with, or in preparation for, this case, 7. Copies of any and all photographs. videotapes, movies, models. written reports,
statements, transcriptions, 􀁥􀁬􀁥􀁣􀁴􀁲􀁯􀁮􀁩􀁣􀁡􀁬􀁬􀁾􀀧􀀠recorded statements, charts, maps, drawings, notes, calculations, and computer printouts, and other documents sent to ;'ou
or your attorney by any expert you may call as an expert witness at trial, in connection with, or in preparation for, this case. 8. Copies of an}' and all photographs, videotapes, movies,
models, written reports, statements, transcriptions, electronically recorded statements, charts, maps, drawiIlgs, notes l calculations) computer printou ts, and other docnments sent
by you or your attorney to any expert you may call as an expert witness at trial, in connection with, or in preparation for, this case. 9. Copies of an)' and all photographs, videotapes,
mov ies, models, written reports, statements, transcriptions, electronically PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DEFENDANT, CITY OF ADDISON -Page 4 of 5 
recorded statements, charts, maps, drawings, notes, calculations, computer printouts, and other documents, any expert witness you may call at trial, has prepared, or has had prepared
by another individual or computer, in connection with forming any theory, opinion, or conclusion in this case, or in connection with rejecting any theory, opinion, or conclusion in this
case. 10. Copies of all photographs, videotapes, movies, models, wri tten reports, statements, transcriptions, electronically recorded statements, charts, maps, drawings, notes, calculations,
computer printouts, and other documents prepared by any expert "itness who may not be called as a Hitness at trial, but whose opinions or impressions have been reviewed by any testifying
expert you may call at trial. 11. Copy of each chart, table and graph contained in any publication of the United States Government or any of its subdivisions, reviewed by any expert
you may call as an expert witness, in formulating or rejecting any opinion conclusion or theory concerning this case, and for each such chart, table or graph, a copy of the title page
giving the date of pUblication of each such Government publication. 12. Copy of each published chart, table and graph contained in any publication reviewed by any expert you may call
as an ex<pert witness, in formulating or rejecting any opinion, conclusion, or theory concerning this case, and for each such chart, table or graph, a copy of the title page giving the
date of publication of each such pUblication. 13. Copy of the current resume or curriculum vitae, of each expert witness you may call at trial, including a list of all publications authored
or co-authored by each expert wi tness you may call at trial. 14. Copies of photographs, videotapes, movies, written reports, statements, transcriptions, 􀁥􀁬􀁥􀁣􀁴􀁲􀁯􀁮􀁩􀁣􀁡􀁬􀁬􀁾􀀭recorded
statements, charts 1 maps J drat<1ings, notes, r:alculati ons 1 computer printouts, and models, used by any expert witnesses you may call at trial, or any of their associates or employees,
to explain the cause of the accident in question or any of the events leading up to the cause of accident in question or any of their opinions as to '''hat any person involved in the
accident did that contributed to the accident or could have done to avoid the accident. 15. Copies of all memoranda, notes, letters and other documents received from any expert you may
call at trial, or sent to any expert YOH may call at trial concerning the employment of the expert, questions asked of the expert, opinions held by the expert, the rates to be charged
by the expert! billing by t.he expert, requests for payment or invoices from the expert and/or payments made to the expert in connection with this case. PLAINTIFFS FIRST REQUEST FOR
PRODUCTION OF DEFENDANT. CITY OF ADDISON -Page 5 of 5 
CAUSE NO. 93-3827-E PAUL B. KEZOH AND JOSEPHINE KEZOH, * INDIVIDUALLY AND ON BEHALF OF * THE ESTATE OF PAUL B. KEZOHMAN, * JR., DECEASED * * V. IN THE DISTRICT COURT OF* * MULTIVEST
REAL ESTATE FUND, * LTD. , SERIES V., DOING BUSINESS DALLAS COUNTY, TEXAS* AS GREENHAVEN VILLAGE APARTMENTS, * AND * 101ST JUDICIAL DISTRICT* BROOKLAKE LTD., DOING BUSINESS * AS BROOKTREE
APARTMENTS and * PAUL E. THOMAS, INDIVIDUALLY AND * AS A PARTNER OF BROOKLAKE LTD., * and JERRY D. SHIPLEY, INDIVIDUALLY * AND AS A PARTNER OF BROOKLAKE LTD. * AND * * THE TOWN OF ADDISON
* ANSWERS AND OBJECTIONS TO PLAINTIFFS' FIRST REOUEST FOR PRODUCTION OF DEFENDANT. CITY OF ADDISON TO: PAUL B. KEZOH, INDIVIDUALLY, AND ON BEHALF OF THE ESTATE OF PAUL B.KEZOHMAN, JR.,
DECEASED, by and through their attorney of record, F. Steven Kessler, Kessler & Korby, 8300 Douglas, #800, Dallas, TX 75225. TOWN OF ADDISON, TEXAS, Defendant in the above entitled and
numbered cause, hereby answers Plaintiffs' First Request for Production of Defendant, city of Addison served on its attorney of record, Ronald H. Clark, by Plaintiffs, as set forth on
the Request for Production attached and incorporated herein. You are requested to notify Defendant's attorney if you intend to contest any objection. Respectfully submitted, HENDERSON
BRYANT & WOLFE 123 N. Crockett P.O. Box 340 Sherman, TX 75091 (903) 893-9421 (903) 892-2397 (FAX)Draft 􀁂􀁙􀀺􀁾__􀁾􀁾__􀁾􀁾􀁾____________ Ronald H. Clark SBN 04298100 ANSWERS AND bBJEcilONs
to pLAINtIfFS) fIRS! REOUEsT FOR PRODUctION OF OEFENDANI, eIly OF ADDlsoN ... PAGf i 
CEBTIFICATE or SERVICE This is to certify that a true and correct copy of the attached Answers and Objections to Request for Production of Defendant, City of Addison was mailed, certified,
return receipt requested, to Mr. F. steven Kessler, attorney for Plaintiffs, on this__ day of , 1993. Ronald H. Clark ANswERs AND OBJECIIONS 10 PLAINIIFFs' FIRSI REQUEst FdR PHuOOCftoN Of bEfENUANI, cIIY OF ADDIsoH .•• PAGE 2 
ATTACHED SHEET TO ANSWERS AND OBJECTIONS TO BEQUEST FOR PRODUCTION RESPONSE TO REQUEST FOR PRODUCTION NO.1: Notes were taken concerning statements made by Paul Kezoh and Josephine Kezoh
to police. See attached. Defendant objects to providing the entire police investigation report because it would require the release of documents protected under the Texas Open Records
Act. The release of such documents to any person would make them public records which must be released to all. Additionally, the rights of any informants under the "informer's privilege"
would be violated and the release of such information would serve to deter other citizens from cooperating with police. Any release should under a protective order limiting their disclosure.
RESPONSE TO REQUEST FOR PRODUCTION NO.2: Defendant is in possession of approximately 201 photographs of the scene. Counsel may view the photographs upon request or Defendant will provide
copies of the photographs at Plaintiff's expense. A representative sampling of photocopied photographs is attached. RESPONSE TO REQUEST FOR PRODUCTION NO.3: Defendant is not currently
in possession of any such documents. Defendant knows of no ownership or other interest it has in the property in question other than its being in the city limits. RESPONSE TO REQUEST
FOR PRODUCTION NO.4: See Defendant's response to Request for Production No.3. RESPONSE TO REQUEST FOR PRODUCTION NO.5: Defendant provides: a. copy of portion of zoning map. b. Copy of
drainage map with rain calculations. c. Copy of apartment complex maps. d. copy of maps 13 and 14, which represent detail map sections of Farmer's Branch, Dallas, and Addison. OffERDAHl's
ANSWERs AND oBJEt110NS iO KAIN'tIFFS' FIRsl HEWEI. FOR PftOOOeiIoN ...pAGE 3 
RESPONSE TO REQUEST FOR PRODUCTION NO.6: No decision has been made to call any expert witness. until Defendant, the Town of Addison, has had an opportunity to depose Plaintiffs and determine
the theories of their experts, it will not be able to determine what testimony will be relevant or needed to rebut such claims. RESPONSE TO REQUEST FOR PRODUCTION NO.7: See Defendant's
response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION NO.8: See Defendant's response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION NO.9: See
Defendant's response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION NO. 10: See Defendant's response to Request for production No.6. RESPONSE TO REQUEST FOR PRODUCTION
NO. 11: See Defendant's response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION NO. 12: See Defendant's response to Request for Production No.6. RESPONSE TO REQUEST
FOR PRODUCTION NO. 13: See Defendant's response to Request for Production No.6. RESPONSE TO REQUEST FOR PRODUCTION NO. 14: See Defendant's response to Request for Production No.6. ANsWERS
AND oBJECllONS to pLAINIIFFs' fiRsl REDOEs! FOR PRObUeILdN ... 4 
RESPONSE TO REQUEST FOR PRODUCTION No. 15: See Defendant's response to Request for production No.6. ANsWEhs ANb bBJEtilOrm fo pLAINtIF'f!$i FlJ\SI RtoUES. FUR PROOOOllbN. ..5 
RESPONSE TO REQUEST FOR PRODUCTION NO.1: 10:00 A.H. MET IVITH PAUL KEZOH, THE FATHER OF THE DROWNING VICTIM OF LAST YEAR. KEZOH STATED THAT HE HAD BEEN ADVISED OF SHAUNA PUSHING HIS
SON INTO THE CREEK, AND HE DID CONTACT ADDISON POLICE DEPT. AND ASKED THEM TO INVESTIGATE THIS CLAIM. HOWEVER, HE HAD NOT FOUND AND EVIDENCE OF THIS CLAIM ON HIS OWN. INVEST. COLLINS,
HAD ALSO BEEN CONTACTED BY KEZOH"S ATTORNEY AND LEARNED THi\T THERE 1'lAS A LAW SUIT IN PROGRESS FILED AGAINST GREENHAVEN VILL.';.GE J'l.PJ'l.RTMRNTS. I 'IVE-ST. COLLHIS MET !-lITH PAUL
I<EZOH IN fl-,'E 􀁃􀀮􀁉􀀮􀁄􀀧􀀬􀁑􀁾􀁆􀁉􀁃􀁜􀀺􀀺􀁓􀀺􀀠WI/EST"" IA 1-AN 'I "EI' "rJN fllliN PAUL KEZOHCOLLINS FDimO THAT MR. I<EZOIi [lID NOT I" -v" 􀀢􀁌􀀢􀁾􀀠􀀧􀁾􀀧􀀠",;_, '" ; ':, ""
JR. HE DOES HAVE: A DAlJGHTEIi FF([)H A 􀁐􀁬􀁴􀁅􀁖􀀮􀁲􀁏􀁕􀁂􀀮􀁾􀀢􀀮􀁉􀁾􀁉􀁾􀀬􀁕􀀧􀁛􀀬􀀢􀀧􀁟􀀬􀁉􀁈􀀬􀀧􀁜􀁉􀀮􀀻􀁉􀀮􀀮􀀢􀀬􀀬􀀬􀁾􀀠"', ," PHCSENTLY TI;:N Y EAFiS OLD AND U\)CB I·H'., H
HER MU 􀁮􀀭􀁬􀁬􀀬􀀮􀁉􀁾􀀮􀀠I<I::ZUI-:: 􀀻􀁾􀀬􀀩􀁉􀁉􀁉􀀠"LD 1,11\ I HE DID HEAl, IT RllMOf<ED THAT Till:: LITTLE SLAC!:: 􀁛􀀻􀁬􀁒􀁌􀁟􀁎􀁁􀁍􀁬􀁯􀀡􀁾􀁢􀁬􀀧􀁬􀁩􀀭􀁜􀁬􀁉􀁎􀀻􀁜􀀠􀀺􀀺􀁾􀀧􀀺􀀺􀀡􀀩􀁩􀀧􀀢􀀠PUS
HED IlIS :,CPI INTO THE CREEI( BUT !-lAB !'L')I:cR M:lLL TO I" .tND ,\1'11 ,I,Ll" THAT THHi :.lM' A FI',CT. '"...... ......' -.--,' i 
.jOSEPHINE I<E:l.OH iiDt.JISED HEi=? 􀁾􀀺􀁾􀁄􀁎􀀠WAS 􀁬􀁾􀁌􀀮􀁈􀁾􀀧􀁬􀁙􀁓􀀠liT THE CH[[I< 􀀬􀁻􀁾􀁎􀁄􀀠THtlT THEY 􀁾􀀱􀁁􀁄􀀠·ro WARN THEIR SON GN MANY OCCASIONS ABOUT PLAYING AT THE CREE1("

CITY ENGINEER'S OFFICE (214) 450·2886 􀀬􀁾􀀺􀀺􀁾􀀠Post Office Bm 144 Addisa"l, Tens 75001 1680t Westgrove July 15, 1993 Ronald H. Clark Henderson Bryant & Wolfe, L.L.P. P.O. Box 340
Sherman, Tx 75091-0340 RE: Kappler, et al v. Addison, et aI, Cause No. 93-3831-A Kezoh, et al v. Addison, et aI, Cause No. 93-3827-E Dear Ron: I have researched the City's building/subdivision
records and fmd them inconclusive regarding this case. The following summarizes the information I have been able to obtain: 1. The property is not currently platted. 2. I was not able
to locate construction plans detailing the installation of the storm sewer in question. There are not any records to indicate that this was a public improvement. 3. The plans on file
indicate a drainage easement was dedicated but there is no recording information and it was not processed through the Council. 4. Current ordinances require the property owner to maintain
drainage easements on their property. 5. A copy of the building permit does not exist in our our Illes. The plans we have indicate that this project was constructed in 1974 or 1975.

If you have any questions or need additional information, please call me. /􀁓􀁩􀁮􀁣􀁥􀁲􀁾􀁬􀁹􀀠yours, ICc/-r //,/John R. Baumgart6er, P.E. Director of Public Works JRfVjas attachments
cc: Ken Dippel (no attachments) Ron Whitehead (no attachments) 
JAMES 1::. HENDERSON U909-1991) WU..LIAM R BRYANT i!9!€H9?'9! JOSEPH W. WOLFE CURRY H. VOGELSANG RICHARD E. HARRISON RONALD H. CLARK T. SCOTT SMITH NANCY O. WILLIAMS HENDERSON BRYANT
& WOLFE, L.L.P. ATTORNEYS & COUNSELORS 123 NORTH CROCKETT STREET P. O. BOX 340 SHERMAN, TEXAS 75091-0340 (903) a93-9421 FAX (903; 892-2397 June 22, 1993 STACI S. JOHNSON JAMES CORLEY
HENOCRSON DE.BORAH S. BURLI::SON DE.BORAH L. McGRE.GORY JAMES C. TIOWELL AMOS L. MAZZANT Mr. John Baumgartner, P.E. Director of Public Works Town of Addison P. O. Box 144 Addison, TX
75001 Re: Kappler, et al v. Addison, et aI, Cause No. 93-3831-A Kezoh. et al v. Addison. et al. Cause No. 93-3827-E Dear John: When we met on May 4, 1993, we discussed the need to obtain
all possible plats, maps, construction plans, permits, and other documents establishing when the apartment complex was built, who built it, and when the culvert was installed. If we
can demonstrate to Plaintiffs' satisfaction that the City does not own the property in question, and is not legally responsible for maintaining or safequarding the property, it may be
possible to have the City dismissed before the City uses up its deductible on each case in costs and legal fees. If no such documents exist in the city files, and cannot be located,
please let me know. Otherwise, I would appreciate receiving copies at your earliest convenience. Please let me know if you have any questions or suggestions concerning the case. Very
truly yours, 􀁾􀀨􀀩􀀯􀁾􀀠Ronald H. Clark RHCjsmw cc: Mr. Kenneth Dippel Mr. Ron Whitehead 
HENDERSON BRYANT & WOLFE, L.L.P. ATTORNEYS & COUNSELORS 􀀱􀀲􀁾􀀠NORTH CROCKETT STREET STACI S, JOHNSON...:""...::::5::: HENDERSON 11908-199:' P. O. BOX 340 \", __IAVo 􀁾􀀠BRYANT 0919-1979)
.JAMES CORLEY HENDERSON SHERMAN, TEXAS 75091-0340 DEBORAH S. BURLESON..JCSEPH W WOLFE C ... RRY H VOGELSANG (903) 693-9421 DEBORAH L. McGREGORY .JAMES C. TIDWELL 􀁾􀁁􀁘􀀠{9031 692-2397
RIC....ARD E HARRISON qC:\,ALO H CLARK AMOS L MAZZANT T SCOTT SMITH N':":-';::::Y 0 WILLIAMS June 7, 1993 Mr. Ron White ad City Manage Town of A ison P. O. Bo 144 Addison TX 75001 e:
Shandra Kappler, et al v. Town of Addison, et al Cause No. 93-3831-A Dear Ron: The Judge has entered a Scheduling Order in this case requiring completion of discovery by October 4, 1993,
mediation no later than November 15, 1993, and a jury trial on November 29, 1993. I am working to have the Town of Addison dismissed without the necessity of extensive discovery, mediation,
and trial. Mr. Baumgartner is working to locate all City documents, maps, and plats concerning the property so that we can show that the City has no ownership interest or other responsibility
for the property. In the event that we cannot have the case dismissed, it ··will be necessary for a representative of the City to attend the trial beginning November 29, 1993. It will
also be necessary for Mr. Baumgartner, other city staff, and police investigators to testify. Please let me know if you have any questions or suggestions concerning the case. I will
keep you informed of further developments. Very truly yours, 􀁾􀀯􀀭􀁉􀁾􀀮􀀠Ronald H. Clark RHC/smw . cc: Kenneth Dippel I John Baumgartner 
riLe HENDERSON 8RYANT & WOLFE, L.L.P. ATTORNEYS &. COUNSELORS 123 NORTH CROCKETT STREET JAMES E:. HENDERSON (190a-1991) p, O. BOX 340 STAGI S . .JOHNSON WILLIAM R-BRYANT !l919H979j ,JAMES
CORLEY HENDERSON SHERMAN, TE.XAS 75091-0340 DEBORAH S. BURLESONJOSEPH W. WOLFE DEBORAH L. McGREGORYCURRY H. VOGELSANG (SlOS) 893-9421 .JAMES c. TIDWELL F'AX (903) 892-2397 RICHARD e:.
HARRISON AMOS L. MAZZANTRONALD H CLARK T, SCOTT SMITH NANCY 0 WILLIAMS May 25, 1993 Mr. John Baumgartner, P.E. Director of Public Works Town of Addison P. O. Box 144 Addison, TX 75001
Re: Kappler, et a1 v. Addison, et aI, Cause No. 93-3831-A Kezoh. et al v. Addison. et al. Cause No. 93-3827-E Dear John: Have you been able to locate any City plats, maps, building permits,
or other documents establishing when the apartment complex was built, who built it, and when the culvert was installed? Are there any documents indicating that the City has anything
to do with the fence, or, even better, that the City is not responsible for the failure to erect a fence? Finally, any documents which establish that the property is not owned by the
City, or is owned by private parties would be helpful. If we can clearly establish that the City has no ownership or responsibility for this property, Plaintiffs may be willing to let
us out of the suits before we spend a great deal of time and expense defending them. If they do not, the Courts may be willing to grant summary judgment if we can establish our position
clearly enough. Please let me know if you have any questions or suggestions concerning the case. Very truly yours, 􀁾􀀯􀁖􀀮􀀿􀁊􀀠,.,Ronald H. Clark RHC/smw cc: Mr. Kenneth Dippel Mr.
Ron Whitehead