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in Re Michelin North America, Inc.
14-15-00578-CV
Tex. App.
Jul 9, 2015
Check Treatment

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Texas Department of Transportation

125 EAST 11 TH STREET | AUSTIN, TEXAS 78701-2483|(512) 463-8700|WWW.TXDOT.GOV FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 7/9/2015 1:56:55 PM CHRISTOPHER A PRINE WedCWnDep 2014

STATE OF TEXAS $

This is to certify that I, Debra Vermillion, am employed by the Texas Department of Transportation (Department); that I am the Custodian of Motor Vehicle Crash Records for such Department; that the attached is a true and correct copy of the peace officer's report filed with the Department referred to in the attached request with the crash date of Sun, 24 Aug 2014 , which occurred in Milam County; that the investigations of motor vehicle crashes by peace officers are authorized by law; that this Texas Peace Officer's Crash Report is required by law to be completed and filed with this Department; that this report sets forth matters observed pursuant to duty imposed by law as to which matters there was a duty to report, or factual findings resulting from an investigation made pursuant to authority granted by law.

Debra Vermillion, Director Crash Data and Analysis Section P. O. Box 149349

Austin, Texas 78714 (512) 486-5780

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Taxas Peace Officer's Crash Report - Code Sheet Numbered Fields on the CR-3 Refer to the Numbered Lists on this Code Sheet. Each list includes the codes that may be entered on the form and the description of each code.

| 4. Roadway System | AL = Alternate | | :--: | :--: | | 5. H = Interstate | SP = Spur | | 7US = US Highway | CR = County Road | | 76 H = State Highway | PR = Park Road | | 7M = Farm to Market | PV = Private Road | | 8 RR = Ranch Road | RC = Recreational Road | | 9M = Ranch to Market | LR = Local Road/Street (Street, Road, Ave., | | 10S = Business State | Bled., Pl., Tit., Beach, Alley, Boat Ramp, etc.) |

| 3. Stret Prefix, | 3. Street Prefix, | | :--: | :--: | | Direction from Int. or | Direction from Int. or | | 2 = Service/Prentage Road | Ref. Market | | 3 = Entrance/On Ramp | N = North | | 4 = Exploit Ramp | NE = Northeast | | 5 = Connection/Piyover | E = East | | 68 = Other (Explain in Narrative) | SW = South | | | |

| 2. Roadway Part | | | :--: | :--: | | 1 = Main/Proper Lane | | | 2 = Service/Prentage Road | | | 3 = Entrance/On Ramp | | | 4 = Exploit Ramp | | | 5 = Connection/Piyover | | | 68 = Other (Explain in Narrative) | |

| 1. Body Style | | | :-- | :-- | | P2 = Passenger Car, 2-Door | | | P4 = Passenger Car, 4-Door | | | PK = Pickup | | | AM = Ambulance | | | BU = Bus | | | SB = Yellow School Bus | | | PE = Farm Equipment | | | PT = Fire Truck | | | MC = Motorcycle | | | SV = Sport Utility Vehicle | |

| 1. Stret Co/Truck | | | :-- | :-- | | PM = Police Motorcycle | | | TL = Trailer, Semi-Trailer, or Pole Trailer | | | TR = Truck | | | TT = Truck Tractor | | | VN = Van | | | 98 = Other (Explain in Narrative) | | | 99 = Unknown | |

| 4. Street Suffix | | | :-- | :-- | | RD = Road | | | ST = Street | | | DR = Drive | | | AVE = Avenue | | | BLVD = Boulevard | | | PKWV = Parkway | | | LN = Lane | | | FWY = Freeway | | | HWY = Highway | | | WAY = Way | | | TRL = Trail | | | LOOP = Loop | |

5. Driver Licensed?

Type 1 = Driver License 2 = Commercial Driver Lic. 3 = Occupational 4 = ID Card 5 = Unlicensed 98 = Other 99 = Unknown

| 10. Commercial Driver | 11. Driver License Restrictions | | :--: | :--: | | & a m p ; License Endorsements & a m p ; H = Hazardous Materials & a m p ; H = Tank Vehicles & a m p ; P = Passengers & a m p ; S = School Bus & a m p ; T = Double/Triple Trailer & a m p ; X = Tank Vehicle with & a m p ; HazMat & a m p ; S = Unlicensed & a m p ; 98 = None & a m p ; 98 = Other/Out of State & a m p ; 99 = Unknown | A = With Corrective Lenses
B = LOFS Age 21 or Over
C = Daytime Only
D = Not to Exceed 45 MPH
E = No Expressway Driving
F = Must Hold Valid Learner Lic. to MMOD/YY
G = TRC 545.424 Apples until MMOD/YY
H = Vehicle Not to Exceed 26,000 lbs GVWR
I = Motorcycle Not to Exceed 250 CC
J = Licensed Motorcycle Operator Age 21
or Over in Sight
K = Moped | | 12. Person Type | | | 11 = Driver
2 = Passenger/Occupant
3 = Pedalcycist
4 = Pedestrian
5 = Driver of Motorcycle Type Vehicle
6 = Passenger/Occupant on Motorcycle Type
7 Vehicle
89 = Other (Explain in Narrative)
99 = Unknown | 13. Seat Position
1 = Front Left
2 = Front Center
3 = Front Right
4 = Second Seat Left
5 = Second Seat Center
6 = Second Seat Right
7 = Third Seat Left
8 = Third Seat Center
9 = Third Seat Right | | 14. Injury Severity | | | 11 = Shoulder and Lap Belt
2 = Shoulder Belt Only
3 = Lap Belt Only
4 = Child Seat, Facing Forward
5 = Child Seat, Facing Rear
6 = Child Seat, Unknown | 15. Carge Area
11 = Outside Vehicle
13 = Other in Vehicle
14 = Passenger in Bus
16 = Pedestrian, Pedalcycist,
or Motorized Conveyance
98 = Other (Explain in
Narrative)
99 = Unknown |

15. Restraint Used

1.5 = Shoulder and Lap Belt 2 = Shoulder Belt Only 3 = Lap Belt Only 4 = Child Seat, Facing Forward 5 = Child Seat, Facing Rear 6 = Child Seat, Unknown 7 = Child Booster Seat 8 = None 9 = Not Applicable 10 = Other (Explain in Narrative) 11 = Unk. and 12. Helmet Use 1 = Not Worn 2 = Worn, Damaged 3 = Worn, Not Damaged 4 = Worn, Unk. Damage 97 = Not Applicable 99 = Unknown 3 Worn

| 21. Solicitation | 22. Alcohol Specimen Type | | :--: | :--: | | 3 = Solicit | 1 = Breast | | 4 = No Solicit | 2 = Blood | | | 3 = Urine | | | 4 = Refused | | | 98 = None | | | 98 = Other (Explain in Narrative) |

23. Drug Specimen Type

3 = Blood 4 = Urine 5 = Refused 6 = None 98 = Other (Explain in Narrative) 24. Drug Test Result 1 = Positive 2 = Negative 97 = Not Applicable 99 = Unknown

| 7 = Child Booster Seat | 14. Injury Severity | | :--: | :--: | | 98 = None | 15. Effect | | 97 = Not Applicable | 16. Sex | | 98 = Other (Explain in | 20. Age
Female | | Narrative) | 21. Sex, Partial | | 99 = Unknown | 22. No Applicable | | | 23. Age
99 = Unknown |

26. Financial Responsibility Type

1 = Liability Insurance Policy 2 = Proof of Liability Insurance 3 = Insurance Binder 4 = Surety Bond

| 15. Airbag | | | :--: | :--: | | 1 = Not Deployed | | | 2 = Deployed, Front | | | 3 = Deployed, Side | | | 4 = Deployed, Rear | | | 5 = Deployed, Multiple | | | 97 = Not Applicable | | | 99 | |

27. Vehicle Damage Rating

In most cases, enter in the format XX-ABC-Y, where XX is the Direction of Force (1-12), ABC is the Damage Description 2- or 3letter code), and Y is the Damage Severity (0-7).

*7 | 28. Vehicle Operation | 29. Carrier ID Type | 30. Roadway Access | 31. Vehicle Type | | :--: | :--: | :--: | :--: | | 1 = Interstate Commerce | 1 = US DOT | 1 = Full Access Control | 1 = Passenger Car | | 2 = Intrastate Commerce | 2 = TxDOT | 2 = Partial Access Control | 2 = Light Truck | | 3 = Not in Commerce | 3 = EC/MC | 3 = No Access Control | 3 = Bus (9-15) | | 4 = Government | 6 = None | | 4 = Bus ( & g t ; 15 ) | | 5 = Personal | | 5 = Single Unit Truck 2 Axles 6 Tires | 5 = Single Unit Truck 3 or More Axles | | | | 6 = Single Unit Truck 3 or More Axles | 7 = Truck Trailer | | | | 7 = Truck Trailer | 8 = Truck Tractor (Bobtail) | | | | 8 = Truck Tractor (Bobtail) | 9 = Tractor/Semi Trailer | | | | 10 = Tracker/Simil Trailer | 10 = Tracker/Double Trailer | | | | 11 = Tracker/Triple Trailer | 11 = Tracker/Triple Trailer | | | | 98 = Other (Explain in Narrative) | 98 = Other (Explain in Narrative) | | 33. Cargo Body Style | | 99 = Unknown Heavy Truck | | | 1 = Bus (9-15) | 8 = Auto Transporter | 15 = Vehicle Towing Another | 24. Trailer Type | | 2 = Bus ( & g t ; 15 ) | 9 = Garbage Refuse | Vehicle | 1 = Full Trailer | | 3 = Varo/Endosed Box | 10 = Grain Chips Gravel | 2 = Semi-Trailer | 2 = Semi-Trailer | | 4 = Cargo Tank | 11 = Pole | 3 = Pole Trailer | 3 = Pole Trailer | | 5 = Flatbed | 13 = Intermodal | | | | 6 = Dump | 14 = Logging | | | | 7 = Concrete Mixer | | | |

| 35. Sequence of Events | | | :--: | :--: | | 1 = Non-Collision: Ran Off Road | 17 = Collision Involving Animal | | 2 = Non-Collision: Jackknife | 18 = Collision Involving Fixed Object | | 3 = Non-Collision: Overturn Rollover | 19 = Collision With Work Zone Maintenance Equipment | | 4 = Non-Collision: Downhill Runaway | 20 = Collision With Other Movable Object | | 5 = Non-Collision: Cargo Loss Or Shift | 21 = Collision With Unknown Movable Object | | 6 = Non-Collision: Explosion Or Fire | 98 = Other (Explain in Narrative) | | 7 = Non-Collision: Separation of Units | | | 8 = Non-Collision: Cross Median/Centerline | |

| 36. Factors and Conditions | | | :--: | :--: | | 1 = Animal on Road - Domestic | 33 = Failed to Yield ROW - Open Intersection | | 2 = Animal on Road - Wild | 34 = Failed to Yield ROW - Private Drive | | 3 = Backed without Safety | 35 = Failed to Yield ROW - Stop Sign | | 4 = Changed Lane when Unsafe | 36 = Failed to Yield ROW - To Pedestrian | | 114 = Disabled in Traffic Lane | 37 = Failed to Yield ROW - Turning Left | | 15 = Disregard Stop and Go Signal | 38 = Failed to Yield ROW - Turn on Red | | 16 = Disregard Stop Sign or Light | 39 = Failed to Yield ROW - Yield Sign | | 17 = Disregard Turn Marks at Intersection | 40 = Fatigued or Asleep | | 18 = Disregard Warning Sign at Construction | 41 = Faulty Evasive Action | | 19 = Distraction in Vehicle | 42 = Fire in Vehicle | | 20 = Driver Inattention | 43 = Fleeing or Ewaiting Police | | 21 = Drove Without Headlights | 44 = Followed Too Closely | | 22 = Failed to Control Speed | 45 = Had Been Drinking | | 23 = Failed to Drive in Single Lane | 46 = Handicapped Driver (Explain in Narrative) | | 24 = Failed to Give Half at Roadway | 47 = Ill (Explain in Narrative) | | 25 = Failed to Heed Warning Sign | 48 = Impaired Visibility (Explain in Narrative) | | 26 = Failed to Pass to Left Safety | 49 = Improper Start from Parked Position | | 27 = Failed to Pass to Right Safety | 50 = Load Not Secured | | 28 = Failed to Signal or Gave Wrong Signal | 51 = Opened Door into Traffic Lane | | 29 = Failed to Stop at Proper Place | 52 = Oversized Vehicle or Load | | 30 = Failed to Stop for School Bus | 53 = Overtake and Pass Insufficient Clearance | | 31 = Failed to Stop for Train | 54 = Parked and Failed to Set Brakes | | 32 = Failed to Yield ROW - Emergency Vehicle | | | 37. Vehicle Defects | 38. Weather Condition | | 39 = Defective or No Headlamps | 1 = Clear | | 40 = Defective or No Stop Lamps | 2 = Cloudy | | 41 = Defective or No Tail Lamps | 3 = Rain | | 42 = Defective or No Turn Signal Lamps | 4 = Stret/Hall | | 43 = Defective or No Trailer Brakes | 5 = Snow | | 44 = Defective or No Trailer Brakes | 6 = Fog | | 114 = Defective or No Vehicle Brakes | 7 = Blowing Sand/Snow | | 114 = Defective Steering Mechanism | 8 = Severe Crosswinds | | 12 = Defective or Stick Tires | 98 = Other (Explain in Narrative) | | 13 = Defective Trailer Hitch | | | 149 = Other (Explain in Narrative) | | | 41. Roadway Type | 42. Roadway Alignment | | 1 = Two-Way, Not Divided | 1 = Straight, Level | | 2 = Two-Way, Divided, Unprotected | 2 = Straight, Grade | | Median | 3 = Straight, Hillcrest | | 3 = Two-Way, Divided, Protected | 4 = Curve, Level | | Median | 5 = Curve, Grade | | 4 = One-Way | 6 = Curve, Hillcrest | | 58 = Other (Explain in Narrative) | | | | 99 = Unknown |

| 43. Entering Roads - | | :-- | | 3 = Three Entering Roads - | | 4 = Four Entering Roads | | 5 = Five Entering Roads | | 6 = Six Entering Roads | | 7 = Traffic Circle | | 8 = Cloverleaf | | 97 = Not Applicable | | 98 = Other (Explain in Narrative) | | | | 11 = Center Stripe/Divider | | 12 = No Passing Zone | | 13 = RR Gate/Signal | | 14 = Crossover | | 16 = Bike Lane | | 17 = Marked Lanes | | 18 = Signal Light With Red Light | | Running Camera | | 196 = Other (Explain in Narrative) |

Case Details

Case Name: in Re Michelin North America, Inc.
Court Name: Court of Appeals of Texas
Date Published: Jul 9, 2015
Docket Number: 14-15-00578-CV
Court Abbreviation: Tex. App.
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