Fictional case for demonstration only. All parties, exhibits, testimony, rulings and data are invented.

CIV-2026-8819-CA JURY TRIAL DEMONSTRATIVE
Mercer v. Apex Autonomous Dynamics Corp. • Product Defect & Wrongful Death • 4K Display Mode Active
Issue Focus:
PARTY ATTRIBUTION: Apex Corp NHTSA / Regulator Plaintiff Mercer
EXHIBIT PX-104 • ADMITTED OCTOBER 14, 2025 • 08:42:19 AM PDT
Bates: APEX-DOJ-0049182
APEX AUTONOMOUS DYNAMICS CORP • ENGINEERING MEMO CONFIDENTIAL • ATTORNEY-CLIENT PRIVILEGE CLAIM REJECTED
BATES: APEX-0049182

TO: Dr. Henrik Vance, VP of Autonomous Vehicle Systems

FROM: Marcus Sterling, Lead Radar/LIDAR Fusion Engineer

SUBJECT: Critical Phantom Braking & High-Speed Vision Sensor Blindspots in Rain

Our telemetry test data from Sierra Proving Grounds confirms that Firmware Build 4.12 exhibits recurring 400ms optical saturation when transitioning from sunlight to wet asphalt.

"Under highway conditions exceeding 55 MPH, the primary forward emergency braking (AEB) protocol fails to register stationary semi-trailers in rain over 43% of test runs. Immediate recall or OTA throttle override suspension is strictly imperative to avert fatal rear-underride impacts."

Recommendation rejected by Executive Committee due to pending Q4 Investor Day launch milestones.

EXHIBIT ADMITTED INTO EVIDENCE W/O OBJECTION PX-104
DEPOSITION CALLOUT: DR. HENRIK VANCE (VP OF ENGINEERING) PAGE 142, LINES 12-18

Q. Dr. Vance, you received this radar failure memo six months prior to Mr. Mercer's crash, did you not?
A. I received it. Yes. We believed the probability of occurrence in customer hands was statistically negligible.

Witness Sponsee: Marcus Sterling (Deposition Vol. II)
FRE 803(6) Business Record | No Protective Order

VEHICLE EDR BLACK BOX TELEMETRY (PRE-CRASH)

T-MINUS 5.0s TO IMPACT
SPEED (MPH) 68.2 Cruise Set: 70
BRAKE (AEB) 0% Unapplied
THROTTLE 44% Autonomous
STEERING 0.0° Centered
T-5.0s T-4.0s T-3.0s T-2.0s T-1.0s IMPACT (T-0.0s)
LIDAR Confidence: 91% (Degrading) Driver Hands on Wheel: YES (TOR Unsent)
CABIN AUDITORY COLLISION CHIME & 911 TAPE (SYNCED) NO CHIME SOUNDED
Timeline Speed: 1.0x
JURY REFERENCE TIMESTAMP EVENT 4 OF 6 • OCT 14, 2025 • 08:42:19 AM
MAY 12, 2025 Apex
PX-12

Internal Benchmark Failures

Sierra Track tests show 38% radar drop in rain.
JUL 19, 2025 Apex
PX-44

Executive Launch Override

VP Vance signs off on production release anyway.
AUG 04, 2025 NHTSA
DX-29

Regulatory Inquiry Letter

Regulators request telemetry on 3 prior near-misses.
OCT 14, 2025 CRITICAL
PX-104

Lead Engineer Warning Memo

"Must suspend OTA rollout to avert fatal rear-underride."
NOV 02, 2025 T-5.0s
EDR-1

Highway 101 Rain Sequence

Autonomous cruise maintaining 68.2 MPH in downpour.
NOV 02, 2025 IMPACT
EDR-CRASH

Zero Braking Underride

Black box confirms zero deceleration before trailer collision.