Deposition of: Walter Carter

Deposition of:

Walter Carter

November 21, 2019

In the Matter of:

Carter, Walter Vs. Chick-Fil-A

Veritext Legal Solutions800.808.4958 | [email protected] | 770.343.9696

State Court of Fulton County**E-FILED**

19EV0021848/31/2021 4:01 PM

Christopher G. Scott, ClerkCivil Division

Walter Carter November 21, 2019Carter, Walter Vs. Chick-Fil-A

1 IN THE STATE COURT OF FULTON COUNTY

STATE OF GEORGIA

2

- - - - - - - - - - - - - )

3 WALTER CARTER and, )

ELIZABETH CARTER )

4 ) CIVIL ACTION

Plaintiffs ) FILE NO.:

5 v. )

) 19EV002184

6 CHICK-FIL-A, INC., )

ROBERT "BOB" FOWLE )

7 d/b/a CHICK-FIL-A OF AUSTELL FSU,)

RSFITTSGA, LLC, HORIZON )

8 CONSTRUCTION,JOHN DOE NOS I-V, )

AND ABC CORPORATION NOS I-V )

9 -------------------------------- )

10

11 DEPOSITION OF

12 WALTER CARTER

13 November 21, 2019

14 11:19 a.m.

15 945 East Paces Ferry Road

16 Atlanta, Georgia 30326

17

18 Gladys Leonard, RPR, CCR-B-2051

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Veritext Legal Solutions800.808.4958 770.343.9696


1 INDEX TO EXHIBITS

2 EXHIBIT DESCRIPTION PAGE

3 For the Defendant

4 Exhibit A Google Earth Image 41

5 Exhibit B Photo of Restaurant 46

6

7

8 INDEX TO EXAMINATION PAGE

9 WALTER CARTER

10 By Ms. Potente 5

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1 APPEARANCES OF COUNSEL:

2 On behalf of the Plaintiff:

3 Jeffrey B. Grimm, P.C.

4 Attorney at Law

5 JEFFREY B. GRIMM, P.C.

6 Resurgens Plaza, Sute 2750

7 945 Paces Ferry Road

8 Atlanta, GA 30326

9

10 On behalf of the Defendants:

11 Ann S. Potente, Associate

12 Attorney at Law

13 RUTHERFORD & CHRISTIE

14 225 Peachtreet Street, NE

15 South Tower, Suite 1750

16 Atlanta, GA 30303

17

18 Nicole Wolfe Stout

19 Attorney at Law

20 STRAWINSKI & STOUT P.C.

21 3340 Peachtreet Street NE, Suite 1445

22 Tower Place 100

23 Atlanta, GA 30326-1007

24

25

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1 Brooke F. Voelzke

2 Attorney at Law

3 HUNTON ANDREWS KURTH LLP

4 Bank of America Plaza

5 Suite 4100

6 600 Peachtree Street, NE

7 Atlanta, GA 30308

8

9

10 (Pursuant to Article 10(B)of the Rules and

11 Regulations of the Georgia Board of Court Reporting,

12 a written disclosure statement was submitted by the

13 court reporter to all counsel present at the

14 proceeding.)

15

16

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1 MS. POTENTE: Will you please swear him in?

2 COURT REPORTER: (Swears witness.)

3 Whereupon,

4 WALTER CARTER,

5 having been first duly sworn, was examined and

6 testified as follows:

7 THE WITNESS: I do.

8 EXAMINATION

9 BY MS. POTENTE:

10 Q. This is going to be the deposition

11 Mr. Walter Carter. It's being taken at the law

12 office of Jeffrey Grimm, P.C. located in Atlanta,

13 Georgia. It's being taken pursuant to agreement of

14 counsel for use as evidence and for discovery and

15 any other purpose permitted under Georgia law.

16 I propose that all formalities be waived

17 especially those going to notice and filing and

18 qualifications of the reporter and that all

19 objections be reserved except those going to form of

20 the question and responsiveness of the answer until

21 such time that the deposition is tendered for use.

22 Are those agreeable with you?

23 MR. GRIMM: Those are.

24 MS. POTENTE: Mr. Carter, you have the right to

25 read and sign your deposition after the court

Page 5



1 reporter finishes the transcript, or you may waive

2 this right.

3 Have you talked about that?

4 MR. GRIMM: We have. We'll going to reserve

5 signature.

6 MS. POTENTE: Reserve? Okay.

7 THE WITNESS: Would you restate the first part

8 of that.

9 MS. POTENTE: You have the right to read and

10 sign your deposition after the court reporter --

11 THE WITNESS: That's the part I missed.

12 MS. POTENTE: So y'all are going to reserve

13 that. Like I said, may name is Anne Potente and we

14 met right before the deposition started. Our firm

15 represents -- and I'm going to say this once because

16 it's a lot of letters. R-S-F-P-I-T-T-S-G-A, LLC.

17 They are the franchisee in this case. And I'm going

18 to go over a few instructions with you before we get

19 started that we just cover with everyone. So bear

20 with me.

21 Have you ever had your deposition taken before?

22 A. Well, many, many years ago.

23 Q. So you are generally familiar how a

24 deposition --

25 A. It's been so long, I've probably forgotten

Page 6



1 it all.

2 Q. About how long ago?

3 A. Fifty years.

4 Q. What was it for?

5 A. It was an aircraft accident.

6 Q. Were you involved in the accident?

7 A. No.

8 Q. So this is a discovery deposition, and the

9 purpose of a discovery deposition is just for me to

10 learn and discover as much information as I can

11 about this case.

12 So I'm going to ask you some general

13 questions about your background, your education,

14 medical history things like that. Then we'll talk

15 about the incident. And then afterwards, I'll

16 probably ask you some questions about how your

17 injuries may have affected your life. Okay?

18 A. Okay.

19 Q. So this lady over here is the court

20 reporter, and she is going to take down everything

21 that we say today. So in order for her to do that

22 correctly and efficiently we both have to help her

23 out a little bit. So I'm just going to go over a

24 couple ground rules that will help her the best we

25 can.

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1 A. Okay.

2 Q. So when I ask a question please say yes or

3 no first and then you can explain and go into much

4 as you want afterwards.

5 Please give a verbal response. Don't nod

6 or shake your head. Obviously she can't take that

7 down. And please try not to say huh-huh

8 (Affirmative) or uh-uh. Again, it's difficult for

9 her to determine whether or not that's a yes or a

10 no.

11 A. Yes.

12 Q. If I prompt you to say is that a yes or a

13 no, I'm not trying to be rude. I'm just trying to

14 help her out. Okay?

15 A. Okay.

16 Q. When I ask you a question wait for me to

17 finish before you start answering even if you think

18 you know what I'm going to say, that way we don't

19 start talking over each other. And it's easier for

20 her to get a clear record. Okay?

21 A. Yes.

22 Q. If you need to take a break at any time,

23 just finish answering the question you were asked,

24 and then we can take a break whenever you need to,

25 okay?

Page 8



1 A. Yes.

2 Q. If you don't understand something that I

3 say, just please let me know, and I'll rephrase it.

4 Or if you don't hear let me know. I will not be

5 offended, okay?

6 A. Yes.

7 Q. Can you please state your full name for

8 the record.

9 A. Walter D. Carter.

10 Q. And is, what does that stand for?

11 A. Dukes.

12 Q. Have you ever been known by any other name

13 before?

14 A. Abbreviated Walter to Walt.

15 Q. Any other names?

16 A. No.

17 Q. What's your date of birth?

18 A.

19 Q. How old are you Mr. Carter?

20 A. Repeat that please.

21 Q. How old are you?

22 A.

23 Q. I'm going to ask you this next question on

24 the record but after I ask, if you would just pause

25 we're going to go off the record for you to answer.

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1 Okay?

2 A. Okay.

3 Q. What's your Social Security number?

4 MR. GRIMM: Can we go last four digits?

5 MS. POTENTE: Yeah.

6 (Whereupon, a pause was taken off the

7 record; proceedings resumed.)

8 Q. Are you currently taking any medications?

9 A. Yes.

10 Q. Can you tell me what medication you're

11 taking and who prescribed it?

12 A. Prevacid, Zyrtec, Alfusion. The last one

13 I can't, I can't remember it off hand.

14 Q. What's it for?

15 A. Cholesterol.

16 Q. Cholesterol?

17 A. Yes. All that should be in the

18 information we provided.

19 Q. Okay. Perfect. Can you tell me who

20 prescribes the Prevacid, Alfusion and the

21 cholesterol medication?

22 A. Repeat that, please.

23 Q. Can you tell me who prescribes Prevacid,

24 Alfusion and cholesterol medication?

25 A. Alfusion was prescribed by Alecia from the

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1 urology office. The Prevacid has been prescribed

2 for years by one physician following another after

3 they retire or move on. Same with the Zyrtec.

4 Q. How about the cholesterol medication?

5 A. Pardon?

6 Q. The cholesterol medication.

7 A. It was prescribed by the family physician

8 years ago, and then changed by a PA here in Seneca.

9 Q. Would any of these medications that you

10 are currently taking affect your ability to testify

11 today?

12 A. No.

13 Q. Is there any medication you should be

14 taking to enable you to competently testify today?

15 A. No.

16 Q. Are you right or left handed?

17 A. Right handed.

18 Q. Do you wear glasses or contacts or

19 corrective lens?

20 A. I have a prescription for glasses.

21 I sometimes wear reading glasses.

22 Q. What's the prescription?

23 A. Just nearsighted.

24 Q. Nearsighted, and what was the first one?

25 A. Distance vision. But I do not use that.

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1 Q. Can you tell me why you don't use that?

2 A. I don't need them.

3 Q. Has this doctor said that you don't need

4 them, or you just don't feel like you need those?

5 A. Repeat.

6 Q. Has the doctor said you don't need them,

7 or you just don't feel like you need them?

8 A. He hasn't made any statement along that

9 lines.

10 Q. How long have you had the prescription

11 for?

12 A. Probably 15 years.

13 Q. Have you worn those prescription glasses

14 in that time period?

15 A. I've worn when?

16 Q. In that time period that they have been

17 prescribed.

18 A. On a few occasions, very few.

19 Q. When do you wear them?

20 A. I haven't in the last five or ten years.

21 Q. Do you have any vision problems?

22 A. Not at the moment.

23 Q. When is the last time that you had vision

24 problems?

25 A. Noticeably, I'd say the first cataract

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1 surgery.

2 Q. When was that?

3 A. Back, I think, in 1994, but you need to go

4 to the deposition to find out.

5 MR. GRIMM: Do you mean interrogatory

6 responses?

7 THE WITNESS: Say that again.

8 MR. GRIMM: You mean interrogatory responses?

9 THE WITNESS: Yes, interrogatory responses.

10 BY MS. POTENTE: (Resuming)

11 Q. Was that the first time you noticed your

12 vision problem?

13 A. That was the first time.

14 Q. Can you tell me the last time?

15 A. I have been going to a retina surgeon once

16 a year, and my normal eye doctor midterm. So I get

17 my right eye checked once a year -- twice a year.

18 And they have been following the cataract progress

19 in my left eye. And last year they said, okay. Now

20 it's probably at a point where it can be harvested.

21 It doesn't have to be. We can give you prescription

22 glasses to counteract this, or you can proceed with

23 the surgery.

24 Q. And that's in your left eye?

25 A. That was last fall, and I had surgery in

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1 December.

2 Q. Did you notice any vision problems in that

3 time period?

4 A. No, I did not.

5 Q. Do you have any hearing problems or

6 impairments?

7 A. I have very noticeable hearing problems.

8 Q. How long have you had hearing problems?

9 A. I first realized I had a hearing

10 deficiency in about 1994.

11 Q. Do you wear hearing aids?

12 A. Yes.

13 Q. Are you currently wearing them today?

14 A. Yes.

15 Q. As I mentioned before, if you don't hear

16 me or understand just let me know before you answer.

17 Okay?

18 A. Certainly.

19 Q. Can you tell me how you got here today?

20 A. Repeat please.

21 Q. No. How did you get here today?

22 A. How did I get hearing aids?

23 MR. GRIMM: How did you get to the office

24 today?

25 THE WITNESS: How I got here, today?

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1 MS. POTENTE: Yes.

2 THE WITNESS: I drove.


4 Q. And did you drive?

5 A. Oh, yes.

6 Q. What kind of car do you have?

7 A. We drove here in a 2011 Buick Lesabre.

8 Q. Is that your car?

9 A. It's a family car.

10 Q. What other cars do you have access to

11 drive?

12 A. I have a 2006 Chevrolet Silverado, pick up

13 truck and a 1994 Toyota, large sedan.

14 Q. You said it's a sedan?

15 A. Pardon?

16 Q. You said it's a sedan?

17 A. No.

18 MR. GRIMM: It's a sedan?

19 THE WITNESS: Yes. It's a sedan.


21 Q. If you don't hear me let me know.

22 A. Okay.

23 Q. Any other cars?

24 A. No.

25 Q. Do you have a handicapped placard or

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1 license place?

2 A. No.

3 Q. Have you ever?

4 A. No.

5 Q. Have you ever applied for a handicapped

6 placard or license plate?

7 A. No.

8 Q. What car were you driving on the date of

9 the incident?

10 A. The Buick Lesabre.

11 Q. Does that car have a handicapped placard

12 or license plate?

13 A. Repeat, please.

14 Q. Does that car have a handicapped placard

15 of license plate?

16 A. Yes, it does.

17 Q. Which one?

18 Is it a placard or a license plate that it

19 has?

20 A. Where is it mounted on?

21 Q. Yes.

22 A. It's on the visor?

23 Q. Whose handicapped placard is that?

24 A. Repeat.

25 Q. Whose handicapped placard is it?

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1 A. Repeat again.

2 Q. Whose handicapped placard is it?

3 A. It is my wife's.

4 Q. Was that, was that in use on the day of

5 the incident?

6 Were you using that on the day of the

7 incident?

8 A. Yes.

9 Q. Do you have a valid driver's license?

10 A. Yes.

11 Q. Are there any restrictions on it?

12 A. No.

13 Q. Can you tell me where you live?

14 A. 425 Cane, C-A-N-E, Creek Landing Road,

15 Seneca, South Carolina 29672.

16 Q. How long have you lived there?

17 A. Since November, December, 2005.

18 Q. Is that a house?

19 A. That's a house, yes.

20 Q. Is it a one story or a two story?

21 A. It's a Seneca-type house. That means it's

22 a main level, and then it has a basement level.

23 Q. So is the main level on surface, the

24 surface level?

25 A. Yes.

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1 Q. And then there is stairs down to the

2 basement?

3 A. The basement level is like a half basement

4 type or half daylight. In other words Seneca is

5 very hilly. So the basement is partly daylight and

6 partly...

7 Q. So the basement is on a hill?

8 A. Yes.

9 Q. And who lives with you at that address?

10 A. My wife.

11 Q. Anyone else?

12 A. No.

13 Q. Can you tell me your wife's name?

14 A. Elizabeth A. Carter.

15 Q. What's her date of birth?

16 A. Can I ask her first? No. I take that

17 back.

18 Q. When did y'all get married?

19 A. May of 1965.

20 Q. Those are the hardest questions I'm going

21 to ask you today.

22 Any previous marriages?

23 A. No.

24 Q. Do you have any children?

25 A. Three.

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1 Q. Can you tell me their names, their date of

2 birth and where they live?

3 A. Sharon Stringer. I'm not going to say the

4 date of birth. That's personal information.

5 Q. You can just tell me.

6 A. No. I'm not going to do that. In the

7 interrogatory, we stated their names and address and

8 that my youngest child was 48 years old. And age

9 wise that's the only information I will provide.

10 Q. Can you tell me where she lives? You

11 don't have to give me the exact address.

12 A. Sharon at Merritt Island, Florida.

13 Q. How about your other two children?

14 A. Walter Carter, Jr., lives in Jacksonville,

15 Florida. Amanda Linsey lives in Seneca.

16 Q. Do you have any relatives living in Fulton

17 County?

18 A. No.

19 Q. How about in Cobb County?

20 A. No.

21 Q. Either by marriage or blood.

22 A. Cobb County we probably do.

23 Q. Do you know who those are?

24 A. Richard and Anne Boon, Joe Alexander. And

25 that's the only three I can think of at the moment.

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1 The others I'm not sure where they live.

2 Q. And how are you related to them?

3 A. By marriage.

4 Q. So they are related to your wife?

5 A. Yes.

6 Q. Did you graduate high school?

7 A. Yes.

8 Q. Can you tell where you graduated from and

9 when?

10 A. Holly Hill, South Carolina.

11 Q. And what year did you graduate?

12 A. In 1955.

13 Q. Do you have a bachelor's degree?

14 A. In Civil engineering.

15 Q. Where did you get that?

16 A. University of South Carolina.

17 Q. What year did you graduate?

18 A. 1959.

19 Q. Any other degrees?

20 A. No.

21 Q. Any other education such as trade school

22 or certificates?

23 A. Describe your intent on certificates.

24 Q. Any kind of classes you took where you got

25 a certificate for taking the classes?

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1 A. Being a federal, you typically attend

2 several small seminars, training type, I attended

3 one plastic design course at Georgia Tech many years

4 ago. Structural design that is and quite a few

5 others that are not worth mentioning.

6 Q. Can you tell me where your last job was?

7 A. Atlanta, Georgia. College Park, actually.

8 Q. Who was your employer?

9 A. Federal Aviation Administration.

10 Q. When was the last time that you worked for

11 them?

12 A. January 3, 2007.

13 Q. Did you retire?

14 A. Yes.

15 Q. Are you currently retired?

16 A. Yes.

17 Q. So you're not making a lost wage claim?

18 A. No.

19 Q. That makes it a lot quicker and easier for

20 us.

21 What did you do at the FAA?

22 A. As a civil engineer and I worked through

23 construction phrases, design phrases, first level

24 supervisor phrases. Last 12, 13, 14 years, I worked

25 with the regional program manager.

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1 Q. How long did you work at the FAA?

2 A. 47 years and seven months.

3 Q. Did you receive any kind of pension or

4 anything like that?

5 A. Yes.

6 Q. Were you ever injured while working?

7 A. No.

8 Q. So you have never had a Workers'

9 Compensation claim?

10 A. No.

11 Q. Have you ever been involved in any other

12 civil lawsuits?

13 A. No.

14 Q. Have you ever filed bankruptcy?

15 A. Say that again.

16 Q. Have you ever been involved in any civil

17 lawsuits?

18 A. Yes, I was, yes.

19 Q. Can you tell me about that?

20 A. Our son was savagely attacked by a

21 neighbors German Shepherd and his face was torn

22 horribly.

23 Q. When was that?

24 A. 1969 or 1970.

25 Q. How did that conclude?

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1 A. The judge ruled that in Georgia there was

2 a statute that dogs are entitled, horses and dogs

3 are entitled to first bite. So he dismissed the

4 claim.

5 Q. Any other civil suits?

6 A. No.

7 Q. Have you filed for bankruptcy?

8 A. No.

9 Q. Any other claims against an insurance

10 company or a business?

11 A. I had a claim for being rear ended and

12 damage to my car.


14 A. Probably around either 1990s or early

15 2000s. I'm not sure.

16 Q. How did that conclude?

17 A. Insurance company settled.

18 Q. Did you have any injuries as a result of

19 that?

20 A. I initially had I guess you'd call it

21 minor whiplash.

22 Q. Did that resolve?

23 A. Oh, yes.

24 Q. Any other injuries?

25 A. No.

Page 23



1 Q. Any other claims against an insurance

2 company or a business?

3 A. No.

4 Q. Do you have any hobbies, Mr. Carter?

5 A. Used to be fishing and gardening.

6 Q. When you say, used to be, do you not do

7 those anymore?

8 A. After the fall I'm handicapped.

9 MS. VOELZKE: Sorry, I didn't hear that.

10 THE WITNESS: After the fall by ability to do

11 those is restricted.


13 Q. When is the last time you fished or did

14 gardening before the fall?

15 A. Probably the fall of 2016, fishing.

16 Q. So about two years before?

17 A. No. The winter before, fell in '17.

18 Q. Any other hobbies?

19 A. No.

20 Q. Are you a member of any clubs or churches?

21 A. Yes.


23 MR. GRIMM: United Methodist Church, and the

24 North Harbour Homeowners Association, H-A-R-B-O-U-R.

25 Q. Any other clubs?

Page 24



1 A. No.

2 Q. Have any social media accounts like

3 Facebook or Instagram?

4 A. Repeat.

5 Q. Do you have any social media accounts?

6 A. Oh, no.

7 Q. I wouldn't get offended. So thank you for

8 asking me to clarify.

9 Have you ever served in the military?

10 A. No.

11 Q. I'm going to ask you a few questions and

12 they are not intended to embarrass you. We ask

13 these questions of any witness.

14 Have you ever been arrested for any

15 reason?

16 A. No.

17 Q. Can you read and write?

18 A. Yes.

19 Q. Do you have any prior criminal

20 convictions?

21 A. No.

22 Q. Have you ever received a motor vehicle

23 citation other than a parking ticket?

24 A. No. Let me back up on that one. One, my

25 license had expired.

Page 25



1 Q. When was that, approximately?

2 A. When the kids were, I don't know? Thirty,

3 40 years.

4 Q. You got a citation because your license

5 had expired?

6 A. Yes.

7 Q. Assume -- any other citations?

8 A. No.

9 Q. So I'm going to switch gears a little bit,

10 and we can talk about medical history before the

11 incident. I will get to the incident and your

12 medical treatment after. Right now let's focus on

13 before April 28, 2017. Okay?

14 A. Okay.

15 Q. Tell me about any injuries you've had

16 before April 20, 2017.

17 A. Describe your meaning of injury.

18 Q. An injury that require medical treatment.

19 A. Would you consider -- just for

20 clarification -- would you consider a hernia an

21 injury?

22 MR. GRIMM: Let me just object to form.

23 THE WITNESS: I associate an injury with being

24 hit, lose blood or something outside the body.

25 Q. So like if you'd fallen and hurt yourself,

Page 26



1 or something like that.

2 A. To me that would be a injury, but like a

3 gallbladder?

4 Q. No. That is not an injury.

5 A. So a hernia is not an injury, then,

6 either?

7 Q. No.

8 A. I can't think of one injury then.

9 Q. Have you ever fallen and hurt yourself

10 before April 28, 2017?

11 A. I slipped once and I -- yes.

12 Q. Can you tell me about that.

13 A. I was walking from the back part of my

14 lot, and it had rained recently. I started up a

15 slight incline, loosely scattered pine straw, and my

16 foot slipped out from behind me, and I fell partly

17 on my arm. I guess knees probably touched the

18 ground. My body did not.

19 Q. Did you have any injuries from that?

20 A. I probably strained the shoulder a little

21 bit and...

22 Q. Can you tell me when that was

23 approximately?

24 A. First part of the 2000s, like around, let

25 me think, probably around 2008. I don't really

Page 27



1 remember.

2 Q. Did you have any medical treatment from

3 it?

4 A. I got a prescription for muscle relaxers.

5 Q. Do you know who you would have gone to for

6 that?

7 A. Say again.

8 Q. Do you know who you would have gone to for

9 that?

10 A. I think I went to the orthopedic surgery

11 office.

12 Q. Do you know the name of the orthopedic

13 surgery office?

14 A. Dr. Reeves.

15 Q. Any other falls that you can remember?

16 A. No.

17 Q. Have you been in any car accidents?

18 A. Rear ends, yes.

19 Q. Have you had any injuries from those car

20 accidents?

21 A. I had a stiff-neck type injury, yes.

22 Q. That is from the one we talked about from

23 the insurance claim?

24 A. Yes.

25 Q. Have you ever had treatment for your knee

Page 28



1 before April 28, 2017?


3 Q. Yeah. Have you ever had treatment for

4 your knee before April 28, 2017?

5 MR. GRIMM: I just want to object to form.

6 Which knee?

7 MS. POTENTE: The knee that you injured was

8 your left knee; correct?

9 THE WITNESS: Start over again, please.


11 Q. The knee that you injured for this is the

12 left knee, correct, or your right knee?


14 Q. Was it your right knee that you injured

15 for this incident?

16 A. In 2017?

17 Q. Yes.

18 A. My right knee.

19 Q. Have you had any treatment for your right

20 knee prior to April 28, 2017?

21 A. No.

22 Q. No?

23 A. No.

24 Q. Have you ever told a doctor before

25 April 28, 2017 that you had problems with your right

Page 29



1 knee such as pain or anything like that?

2 A. I did tell them that I had minor pain in

3 the, I think, in the right knee.

4 Q. Do you know what doctor you told that?

5 A. It would have been Reeves, again.

6 Q. Did you have any treatment for it?

7 A. Muscle relaxers. The same muscle relaxer

8 for the shoulder and the knee.

9 Q. Do you know when that was?

10 A. Say again.

11 Q. Do you know when that was?

12 A. Not specifically, no.

13 Q. Was it more than five years ago or less

14 than five years?

15 A. More than five.

16 Q. And did that resolve?

17 A. Yes.

18 Q. Were there any lingering effects?

19 A. No.

20 Q. So after that time you didn't have any

21 issues with your right knee?

22 A. No.

23 Q. No pain?

24 A. No. I did not even finish taking the

25 muscle relaxers.

Page 30



1 Q. Prior to April, 2017, have you had any

2 surgeries of any kind?

3 A. Yes.

4 Q. Can you take me through those and tell me

5 around what dates they were.

6 A. Do you have any timeframe in mind?

7 Q. Just ever.

8 A. So when do I start?

9 Q. From the time you were born.

10 A. 1943, I had a cyst removed from the side

11 of my nose. Probably around 1969, I had hemorrhoid

12 surgery. Probably around, '71, I had an rectal

13 abscess fistula, F-I-S-T-U-L-A. And somewhere along

14 the line I had -- all this is in the

15 interrogatories. So we are being repetitious for

16 really no good reason.

17 MR. GRIMM: Try to answer the question she is

18 asking.

19 THE WITNESS: Okay. I had hernia surgery,

20 again. I had gallbladder surgery. I had hernia

21 surgery, again. Somewhere in there I had the

22 cataract removed. I had another set of hernia

23 surgeries. And intermingled in there I had a

24 laparoscopic surgery on my right knee. That would

25 be in May of 1984, I believe.

Page 31



1 A long list of surgeries.

2 Q. What was the laparoscopic surgery on your

3 right knee for?

4 A. Clean out fragments, I suppose, would be

5 the way to describe it. Pain in my knee was the

6 actual reason.

7 Q. Did you have any other treatment for your

8 right knee?

9 A. No.

10 Q. Have you had any testing done on your

11 right knee between that time and 2017 like an MRI or

12 an x-ray?

13 A. No.

14 Q. No?

15 A. No.

16 Q. Do you remember when the right cataract

17 surgery was?

18 A. Say again.

19 Q. The right eye cataract around what time

20 that was.

21 A. The right eye cataract surgery would be

22 around 1994 again.

23 Q. It's around the same time as the right

24 knee surgery?

25 A. Same year I think.

Page 32



1 Q. What prompted you to get that right knee

2 surgery?

3 A. Knee surgery?

4 Q. Yes.

5 A. I had pain in the right knee.

6 Q. Did it resolve after the surgery?

7 A. Oh, yes.

8 Q. Prior to April, 2017, have you been

9 hospitalized other than what we've talked about for

10 your surgeries?

11 A. I can't remember. Possibly the first

12 hemorrhoid surgery, I think, the process, I know,

13 then, the process was to keep the patient overnight.

14 And then gallbladder surgery possibly overnight.

15 But I can't remember for sure.

16 Q. Other than the surgeries?

17 A. No.

18 Q. What hospitals would you have gone to for

19 these surgeries?

20 A. For which surgery?

21 Q. What hospitals would you go to if you went

22 to a hospital?

23 A. For which surgery?

24 Q. All of them.

25 A. The first one was in Charleston, South

Page 33



1 Carolina.

2 Q. Do you remember the name of the hospital?

3 A. I think it's now called New Roper. I

4 think it was Roper Sanitarium at that point of time.

5 I happened to stumble onto that along with a long

6 lost box.

7 Q. Any other hospitals that you would have

8 gone to?

9 A. Clayton General in Clayton County. And

10 Piedmont I think it was for some of the rectal

11 surgeries. And quite a few at Oconee Memorial in

12 Seneca.

13 Q. Before April, 2017, had you undergone

14 physical therapy?

15 A. No. Did you say, what year?

16 Q. Before 2017.

17 A. No.

18 Q. Have you ever been diagnosed with

19 arthritis?

20 A. I guess, partially.


22 A. The doctor said you probably have

23 arthritis.

24 Q. Do you know what doctor that was?

25 A. One of the family doctors, but I can't

Page 34



1 remember which one. They -- I've had quite a few to

2 stay a short time and leave.

3 Q. Was it at the same practice or were all

4 the doctors at the same practice?

5 A. Yes, yes.

6 Q. Can you tell me what the practice is?

7 A. I think Seneca Family Practice. But I

8 don't bother, I don't bother to remember their

9 names.

10 Q. That's understandable if they keep

11 leaving.

12 Did the doctor say where you probably had

13 arthritis?

14 A. It could be, probably Ruth Anne (Unclear).

15 State your question again, please.

16 Q. Did the doctor say what part of your body

17 you probably had the arthritis in?

18 A. The neck.

19 Q. Any other part of your body?

20 A. Doctor said I would probably get arthritis

21 in my knee. That would be Dr. Brown making that

22 statement.

23 Q. So that was after?

24 A. That was after the surgery.

25 Q. Let's focus on before the surgery.

Page 35



1 A. Oh, before the surgery?

2 Q. Yes.

3 MR. GRIMM: Let's make sure the testimony you

4 are talking is after the surgeon on your right knee

5 from this fall.

6 THE WITNESS: Yes. The next part also would be

7 after the fall as well. I went to the doctor. I

8 remember him saying that but other times I'm not

9 sure.


11 Q. Have you ever been officially diagnosed

12 with arthritis?

13 A. I don't know how to answer that.

14 Q. Has the doctor told you that you have

15 arthritis?

16 A. Can we go off the record?

17 Q. Do you need to clarify?

18 A. No. If the doctor say you may have or you

19 probably have is that an official diagnosis?

20 Q. No. Has the doctor said you have

21 arthritis?

22 A. No.

23 Q. Any time you need to clarify I'm happy to

24 clarify. So thank you or clarifying before you

25 answered. I appreciate that.

Page 36



1 At the time of the fall in April, 2017,

2 were you taking any prescription medication?

3 A. Yes.

4 Q. Can you tell me what you were taking?

5 A. The same ones that I listed earlier today

6 except I had only taken the Prevacid. And I had a

7 Co Q 10 which is a food supplement and the others I

8 take at night.

9 Q. The Co Q 10 is a food supplement?

10 A. It is not a fish oil. No. It's a food

11 supplement, but I can't tell you the composition.

12 Q. So is it like a vitamin?

13 A. Yes.

14 Q. So you were not taking your cholesterol

15 medication that day?

16 A. I take that in the afternoon. I take the

17 first two medications in the morning. The accident

18 was mid day. The other medications I take at night.

19 Q. Were you taking any non-prescription

20 medications on a regular basis in April, 2017.

21 A. Some people clarify Metamucil as a

22 medication, others do not.

23 Q. That does not count as a medication right

24 now for our purposes. You know, like Advil or

25 Tylenol, things like that.

Page 37



1 A. No.

2 Q. Prior to the incident have you treated

3 with a psychiatrist?

4 A. No.

5 Q. A counselor of any kind?

6 A. No.

7 Q. Are there any health problems you suffered

8 prior to the fall in April, 2017, that we have not

9 already talked about?

10 A. So repeat that, please.

11 Q. Are there any health problems that you

12 suffered prior to April, 2017, that we have not

13 already talked about?

14 A. No.

15 Q. So we are going to switch gears again in a

16 little bit and talk about the Chick-fil-A restaurant

17 at issue.

18 Had you ever been to the location before?

19 A. No.

20 Q. So we will talk about the incident now

21 which is why we are all here today.

22 Had you consumed any alcohol that day?

23 A. No.

24 Q. And other than the medications that we

25 just talked about, had you taken any medication that

Page 38



1 day?

2 A. No.

3 Q. In your own words, can you please tell me

4 what happened that day starting from the time you

5 woke up?

6 A. We had breakfast, drove to Cobb County to

7 visit my wife's brother who was in the hospital

8 and -- how far should I go?

9 Q. Through the incident.

10 A. All the way through?

11 Q. Yes.

12 A. We visited with him. We met our niece,

13 Lori. And we departed the hospital to try to find a

14 recovery facility for him to get therapy after being

15 released from the hospital. He was in for a minor

16 stroke, and we visited two potential locations at

17 lunchtime.

18 So we decided to go get lunch at

19 Chick-fil-A which was close by, and went in,

20 ordered, ate, left.

21 On the way back to the car, I tripped,

22 fell and as a result of the fall I had a broken

23 kneecap and cuts and bruises. And my wife -- should

24 I continue on?

25 Q. No. That's good. That's the incident.

Page 39



1 Thank you. I appreciate it. Sorry, I was writing.

2 So you were with your wife and your niece

3 Lori?

4 A. And niece, yes.

5 Q. Does she live in Cobb County?

6 A. No. She lives south of Atlanta.

7 Q. Can you tell me about what time you

8 arrived at the Chick-fil-A?

9 A. Roughly 1:45, 2:00.

10 Q. What did you order when you got there for

11 lunch?

12 A. What did I wear?

13 Q. What did you order?

14 A. Oh. A chick-fil-A sandwich, a coke and

15 an order of French fries to share with my wife.

16 Q. Did y'all eat inside?

17 A. Yes. Depending. I ordered my wife's

18 request for lunch as well and my niece.

19 MR. GRIMM: Let's go off the record for a

20 second.

21 (A pause was taken off the record;

22 proceedings resumed.)


24 Q. Did you finish eating inside or did you

25 take food with you?

Page 40



1 A. Finished inside.

2 Q. Do you remember how you paid?

3 A. Say again.

4 Q. Do you remember how you paid? If it was

5 with a credit card or cash?

6 A. Probably cash.

7 Q. What I'm going to do now is I'm going to

8 mark this as Exhibit A, and I'm going to hand

9 everyone a copy of it so hang on.

10 This is a Google Earth image of the Chick-

11 fil-A that you were at.

12 Does this look familiar to you?

13 (Whereupon, Exhibit A was marked for

14 purposes of identification.)

15 A. Yes.

16 Q. I apologize for the lines on it.

17 So what I'm trying to do is just get an

18 idea of the places you were at that day.

19 MR. GRIMM: I want to assert an objection when

20 you are done with your question. So go ahead.


22 Q. Do you see the parking spot where you

23 parked that day?

24 A. Yes.

25 MR. GRIMM: I'm just going to object to the

Page 41



1 form. We don't know what the date of this picture

2 is that was taken. So subject to the objection, he

3 can answer.


5 Q. Does this look about the same to you as

6 the Chick-fil-A did on the day that you were there?

7 A. Not completely.

8 Q. Can you tell what looks different to you?

9 A. The shrubbery on the right side of the

10 pathway to the restaurant seems to be extended

11 towards the restaurant.

12 Q. So you think it went further back?

13 A. I think, it did not go that far back.

14 Q. Does it look, generally, the same to you?

15 A. They've added quite a few additional

16 shrubs.

17 Q. Can you clarify if you are talking about

18 the shrubs that are immediately abutting the

19 restaurant, or the shrubs that are to the right of

20 the picture?

21 A. To the right side of the picture.

22 Q. So on the right side of the path, the

23 concrete?

24 A. Yes, yes.

25 Q. Were there shrubs there on the day that

Page 42



1 this occurred?

2 A. Yes. There were shrubs all -- repeat

3 that, please.

4 Q. Were there shrubs in that location on the

5 day that you were there?

6 A. Part of the shrubbery on the right side

7 was there.

8 Q. So there were some shrubs there?

9 A. There were some shrubs there.

10 Q. What I'm going to have you do is, can mark

11 with an "X" where you parked that day.

12 A. (Complying).

13 Q. So the black "X" where you marked is in

14 the middle handicapped spot where you parked?

15 A. Yes.

16 Q. I will hand you the pen back.

17 Can you please mark for me the general

18 path that you took into the restaurant from your

19 car.

20 A. Say again.

21 Q. Yeah. Can you mark for me the general

22 path you took from the car into the restaurant that

23 day?

24 A. (Complying). Trying to remember if I

25 opened the door for my wife and niece. I got out

Page 43



1 the driver's side. I don't remember if I opened the

2 door.

3 You need to see this?

4 Q. Yes.

5 This black line is what appears to be the

6 concrete path you took into the restaurant?

7 MR. GRIMM: Object to form. You said the

8 general path.


10 Q. The general path that you took?

11 A. It is, yes.

12 Q. Did you walk on the concrete the entire

13 time into the restaurant?

14 A. Yes.

15 MS. VOELZKE: Anne, can you pass that down?

16 MS. POTENTE: Yes.

17 THE WITNESS: If I opened the door for my wife

18 and niece, I would have had some more pathway around

19 the car, but I don't remember.


21 Q. I will clarify that for you.

22 After you got out the car whether or not

23 you opened the door for your wife, that's the path

24 that I'm asking.

25 A. That is the general path, yes.

Page 44



1 Q. I will switch colors here.

2 Can you draw for me in this red pen the

3 path that you took out of the restaurant after you

4 finished eating?

5 A. (Complying).

6 Q. Can you tell me what the "X" is at the end

7 of the red line that you drew is?

8 A. That's the approximate location of where

9 the fall started.

10 Q. So the red line indicates the path you

11 took outside the restaurant. It ends at the red "X"

12 is where the approximate fall location is?

13 A. Yes, yes.

14 Q. Can you describe the area where you fell

15 for me.

16 Was it covered in grass or concrete?

17 A. In concrete.

18 Q. I'm going to mark another picture. This

19 might be a little bit clearer for all of us to help

20 get a general idea of where you fell. So I'm going

21 to mark this as Exhibit B, and I will hand a picture

22 to everyone.

23 So this is a picture of the same area just

24 facing away from the restaurant towards the parking

25 spots. Can you just please draw for me if you see

Page 45



1 the area were you fell.

2 Can you mark an "X" in red for me?

3 (Whereupon, Exhibit B was marked for

4 purposes of identification.)

5 A. (Complying). That would be where my feet

6 were or should be.

7 Q. So the red "X" marks where you fell, began

8 falling; is that correct?

9 A. Yes.

10 Q. Can you also draw for me the path that you

11 were taking. So you know how you drew a red line on

12 the other picture, can you draw that for me as well

13 on this picture.

14 So were you walking on the concrete the

15 entire time on the way out of the restaurant?

16 A. Say again. Repeat, please.

17 Q. Were you walking on the concrete the

18 entire time?

19 A. Yes.

20 Q. So in Exhibit B you can see that there's a

21 ramp, a curb, how far away from that were you, that

22 curb?

23 MR. GRIMM: Wait. Can you tell me exactly

24 where you are referring to.

25 MS. POTENTE: This curb.

Page 46



1 MR. GRIMM: You understand the question?

2 THE WITNESS: How far to the left side of the

3 curb?

4 MS. POTENTE: Yes, sir.

5 THE WITNESS: (Complying).


7 Q. So you think the red "X" shows where you

8 fell?

9 A. I can make a rectangle where the body

10 ended up.

11 Q. No, that is okay for right now.

12 I just want to clarify is the red "X" on

13 Exhibit B where you tripped?

14 A. Yes.

15 Q. So it appears to me from your drawings

16 that you were coming out the restaurant the same

17 path that you came into the restaurant; is that

18 correct?

19 MR. GRIMM: Object to form.

20 THE WITNESS: The same sidewalk or walkway.


22 Q. So you were walking out on the same

23 sidewalk?

24 A. Same concrete.

25 Q. Can you take me through your fall, how you

Page 47



1 fell?

2 A. My left foot suddenly went down into a

3 much lower area, causing me to lose balance, I

4 believe, and my right foot on the side of the, what

5 would you call that, a wall?

6 Q. Curb.

7 A. Curb.

8 Q. Yes.

9 A. Side of the curb and fell forward.

10 Q. So your left foot changed levels?

11 A. Sudden change in elevation.

12 Q. Can you repeat what happened with your

13 right foot?

14 A. Can I repeat what happened to my right

15 foot?

16 Q. Yes. You mentioned --

17 A. My right foot struck the wall, curb, and I

18 went down.

19 Q. Can you tell me how you fell.

20 Did you fall forward?

21 A. Forward.

22 Q. Did you fall onto your hands, your elbows?

23 A. My hands and knees.

24 Q. Did you fall onto the concrete?

25 A. Yes.

Page 48



1 Q. Did anyone see you fall?

2 A. My wife and niece were behind me. I'm

3 sure they saw phases of the fall if not the complete

4 fall.

5 Q. Anyone else?

6 A. I'm not sure.

7 Q. What do you believe caused you to fall?

8 A. The sudden depression in the path of

9 travel and the existence of the curb, unmarked curb,

10 same color as the concrete.

11 Q. When you were walking into the Chick

12 fil-A, did you appreciate that you were walking up a

13 ramp?


15 THE WITNESS: Possibly a recognition that there

16 was a ramp there, yes.


18 Q. So you understood there was a ramp on the

19 pathway that you walked into the restaurant?

20 A. Yes.

21 Q. Can you tell me what kind of shoes you

22 were wearing?

23 A. New Balance 608.

24 Q. How long had you had those at the time?

25 A. I don't know.

Page 49



1 Q. Had you worn those shoes before?

2 A. Yes.

3 Q. What were you doing right before you fell?

4 A. What was I doing before I fell?

5 Q. Yes, sir.

6 A. Departing the restaurant.

7 Q. Did you have anything in your hands?

8 A. I had a drink in my right hand, and my car

9 keys in my left.

10 Q. Do you know what happened to them when you

11 fell?

12 A. The car keys went forward underneath the

13 car, and the drink also went forward. Spilled on

14 the concrete parallel to the grass area.

15 Q. What was the weather like when you were

16 walking into the Chick-fil-A restaurant?

17 A. Bright and warm.

18 Q. How about when you were walking out of it?

19 A. Same.

20 Q. Did you notice anyone walking in the area

21 where you fell?

22 A. After I fell, yes. Before, I didn't pay

23 any attention to the other persons.

24 Q. Did any of these people fall?

25 A. No. Wait, the people I'm referring to

Page 50



1 were in the parking lot.

2 Q. Okay. I apologize for that.

3 Did you see anyone walking the path that

4 you walked?

5 A. No.

6 Q. Did you see any Chick-fil-A employees in

7 the vicinity of your fall?

8 A. Not until afterward.

9 Q. Where did you see the employee afterwards?

10 A. At the fall location.

11 Q. So did they walk up to you?

12 A. Yes.

13 Q. Where were you looking when you were

14 walking out of the restaurant?

15 A. At what stage?

16 Q. Right before your fall?

17 A. I pulled the keys out my pocket to unlock

18 the car. I probably glanced momentarily possibly at

19 the keys and then looking up at the car to see if

20 the lights blinked signifying that the door would be

21 unlocked.

22 Q. Did anything block or obstruct your view

23 of the condition of the ground and pathway?

24 A. No.

25 Q. Were anyone hurrying you or rushing at the

Page 51



1 time of the fall?

2 A. No.

3 Q. Was anyone or anything crowding you or

4 forcing you to walk in a particular path?

5 A. It is the only path.

6 Q. Was it crowded on that path?

7 A. No.

8 Q. So was it crowded in the path way?

9 A. No.

10 Q. Was there anything that distracted you

11 from seeing the pathway?

12 A. No.

13 Q. So you mentioned that you pulled your keys

14 out your pocket. You may have glanced at your keys

15 right before your fall; is that correct?

16 A. It's possible.

17 Q. So were you looking at the ground at all?

18 A. No.

19 Q. Had you been looking down would you have

20 seen the curb that you were speaking about?

21 MR. GRIMM: Object to form. Calls for

22 speculation.

23 THE WITNESS: Yeah, he's right.


25 Q. In general, when you are walking, do you

Page 52



1 try to look down and watch where you are going?

2 A. I have, yes.

3 Q. Why is that?

4 A. Qualify it. Depending on where I'm

5 walking. If it's a wooded area, yes, I have to

6 concentrate on the ground like a normal person. If

7 it's in a paved area or store or something you don't

8 have to zero in or focus completely on that. You

9 can be more aware of your surroundings not

10 completely focused on the spot 5 feet in front of

11 you.

12 Q. Why is that?

13 A. That's human nature.

14 Q. Were you wearing glasses or contact lens

15 at the time of the fall?

16 A. No.

17 Q. How about sunglasses?

18 A. No.

19 Q. Can you tell me exactly what parts of your

20 body hit the ground?

21 A. My hands, my knees, and I'm not sure if my

22 head actually hit or not. Basically, I caught

23 myself on my hands and knees.

24 Q. That's both hands and both knees?

25 A. Yes. Fortunately if my head had hit the

Page 53



1 concrete I wouldn't be here today.

2 Q. Did you feel pain immediately?

3 A. Sor --

4 Q. Did you feel pain immediately?

5 A. Absolutely.

6 Q. Can you describe that for me and where it

7 was located?

8 A. In my right knee I had excruciating pain.

9 My arms and hands had pain, my neck hurt, my head, I

10 think, hurt somewhat.

11 Q. What happened, immediately after you fell

12 what happened?

13 A. What happened?

14 Q. Immediately after.

15 A. I'm rephrasing. You're asking what

16 happened immediately after the fall?

17 Q. Yes, sir.

18 A. My wife and niece tried to help me up.

19 Q. And then what happened?

20 A. I got up to an erect position, and I

21 realized I could not stand. I said, I've got to sit

22 down. And I immediately sat down on the curb and my

23 rear end, obviously, extended a little bit on the

24 grass. Then I blacked out. I fell over backward.

25 Q. When you say, blacked out, did you pass

Page 54



1 out?

2 A. Yes.

3 Q. You passed out?

4 A. Yes.

5 Q. Do you know how long that was that

6 episode?

7 A. Not really.

8 Q. What happened next?

9 A. I woke up fuzzy with a lady kneeling in

10 front of me saying, stay with me, stay with me. I'm

11 a nurse. Stay with me.

12 Q. Do you know her name?

13 A. No, I do not.


15 A. Somewhat along that timeframe a

16 Chick-fil-A personnel came down. The medical

17 personnel were called. 911 personnel were called

18 and they arrived.

19 Q. Can you tell me if the Chick-fil-A

20 personnel, was it a man or a woman?

21 A. A woman.

22 Q. Do you remember her name?

23 A. At the moment, no.

24 Q. Did you two talk at all?

25 A. I did not.

Page 55



1 Q. Did she say anything?

2 A. I don't have firsthand knowledge of that.

3 Q. What happened after the medical personnel

4 were called?

5 A. When they arrived they started checking me

6 out and at some point in time my wife asked the

7 Chick-fil-A person if she would bring me some ice.

8 Q. Did she bring you ice?

9 A. Yes, small cup.


11 A. The medical personnel finished checking me

12 out and said, okay, you need to go to the emergency

13 room for further examination.

14 Q. Did you go with them, or did you go?

15 A. They said we will take you, or you can

16 drive yourself.

17 Q. Which did you do?

18 A. We elected to drive ourselves.

19 Q. Who drove?

20 A. My wife.

21 Q. Where did you go?

22 A. Spaulding Hospital, Wellstar Spaulding.

23 MR. GRIMM: Paulding.

24 MS. POTENTE: Wellstar Paulding.

25 THE WITNESS: P-A-U-L-D-I-N-G.

Page 56




2 Q. Did someone help you, or you got up on

3 your own?

4 A. My wife and niece helped me get up.

5 Q. Did you go immediately to Wellstar

6 Paulding, or did you stop anywhere along the way?

7 A. Immediately.

8 Q. Can you tell me what medical treatment you

9 received there?

10 A. They did a bunch of MRIs and whatever else

11 they deemed necessary. X-rays, I think, possibly.

12 Q. Do you remember what you told them when

13 you got there about what happened?

14 A. I'm sure I told them I tripped and fell at

15 Chick-fil-A and where I hurt.

16 Q. Do you know what your diagnosis was?

17 A. That I had a fractured patella.

18 Q. How long were you at the hospital?

19 A. Probably about four hours.

20 Q. Was anyone with you at the hospital?

21 A. Say again.

22 Q. Was anyone with you at the hospital?

23 A. My wife and niece. Well the niece at some

24 point departed, but I don't recall when.

25 MR. GRIMM: Can you let me know when you are at

Page 57



1 the good breaking point.

2 MS. POTENTE: I'm at a good breaking point now.

3 Now is a good breaking point, so let me ask a couple

4 questions and we can take a quick break.


6 Q. Have you understood everything I've asked

7 you so far?

8 A. Yes.

9 Q. Have I given you an opportunity to answer

10 all my questions so far?

11 A. Yes.

12 Q. Would you like to change any of your

13 testimony that you've testified to so far?

14 A. Not unless I added to you but no.

15 Q. Is there anything you would like to add at

16 this time?

17 A. Well, from a personal observation

18 standpoint, the pathway leading from Chick-fil-A to

19 the parking lot did not have any markings at all on

20 the area by the curb. No warnings of any kind.

21 And in addition to that the curb on the

22 right side and the curb on the left side were

23 constructed into the outline of the general path

24 which restricted access. Well, restricted the

25 traveling agent for the area for departure. In

Page 58



1 other words it created a hazard. No one should

2 build a wall inside of a dedicated pathway.

3 Q. Is there anything else you would like to

4 add at this time?

5 THE WITNESS: No.

6 MS. POTENTE: We can take a quick break.

7 (A pause was taken off the record;

8 proceedings resumed.)

9 MS. POTENTE: Back on the record.


11 Q. Before we took the break, we were talking

12 about your emergency room visit immediately after

13 your fall at Wellstar Paulding, and you stated --

14 what physicians did you see after that?

15 A. What?

16 Q. What doctors did you see after that?

17 A. Repeat.

18 Q. What doctors did you see at the hospital?

19 A. Wellstar.

20 Q. After?

21 A. Dr. Brown.

22 Q. When did you start treating with

23 Dr. Brown?

24 A. Oh, I can't remember what day of the week.

25 As soon as we could get in to see him we called to

Page 59



1 get an appointment.

2 Q. Did you treat with any doctors between the

3 hospital and Dr. Brown?

4 A. No.

5 Q. Where is Dr. Brown located, what city?

6 A. Seneca.

7 Q. What kind of doctor is he?

8 A. He's an orthopedic surgeon.

9 Q. Did you fill out any forms when you went

10 to go see him?

11 A. Yes.

12 Q. Did anyone help you fill out the forms?

13 A. No.

14 Q. Did this doctor ask you how you got

15 injured?

16 A. I suppose he did, yes.

17 Q. Do you remember what you told them?

18 A. Basic, yes.

19 Q. Can you tell me what?

20 A. I told him that I was walking out a

21 restaurant in Atlanta, Chick-fil-A, tripped, fell

22 and injured myself, was injured. First responders,

23 and transported to Wellstar Paulding for follow up

24 treatment or whatever. And taking their advice, we

25 tried to contact the orthopedic group over the

Page 60



1 weekend and couldn't get them until Monday morning

2 to schedule an appointment.

3 Q. Did he examine you?

4 A. Yes.

5 Q. Had you ever treated with Dr. Brown

6 before?

7 A. No.

8 Q. Do you remember what treatment he

9 prescribed to you?

10 A. After he reviewed the report that we

11 brought from Wellstar Paulding, he looked at that

12 and said that the break was in a gray area. That it

13 could possibly heal itself, or it might require

14 surgery. If we elected to, we could watch it, take

15 an x-ray once a week to make sure there was no

16 separation. And as long as it did not separate, we

17 would continue that method. If it separated, then

18 we had to do surgery.

19 Q. Did he prescribe any medication?

20 A. Yes.

21 Q. What medication did he prescribe?

22 A. Tramadol, and I believe Hydrocodone.

23 Q. Did you take those medications?

24 A. I'm sure I took some Tramadol and possibly

25 a few Hydrocodone, but I don't remember.

Page 61



1 Q. Did he put you on any restrictions as far

2 as what you could do?

3 A. There was nothing I could do. There was

4 no point in making any restrictions.

5 Q. Did he give you crutches or any kind of

6 devices?

7 A. Yes. I came in on crutches.

8 Should I elaborate?

9 Q. Yes.

10 A. He stated that crutches should never be

11 provided to anyone over a certain age, and that I

12 use a walker.

13 Q. Where did you get the crutches at?

14 A. Where?

15 Q. Yeah.

16 A. Wellstar Paulding.

17 Q. So Dr. Brown told you to switch to a

18 walker?

19 A. Yes.

20 Q. Did you switch to a walker?

21 A. As soon as we could get one.

22 Q. How long did you use the walker?

23 A. Did I use the walker? Probably until

24 about June, June the 20th somewhere in that

25 vicinity.

Page 62



1 Q. Did you see Dr. Brown after that first

2 visit?

3 A. I saw him periodically from time to time

4 after the first visit until December.

5 Q. So can you tell me about those next

6 visits?

7 A. The second one after the initial visit,

8 the second visit they took x-rays and said that it

9 had started separating. And I need to do a surgery

10 as soon as possible.

11 Q. So they stated you needed surgery?

12 A. Yes.

13 Q. Do you remember when this surgery was?

14 A. When?

15 Q. Yes, sir.

16 A. May 18th.

17 Q. Who performed that surgery?

18 A. Say again?

19 Q. Who performed the surgery?

20 A. Dr. Brown.

21 Q. Can you tell me about your treatment after

22 the surgery?

23 A. Well backing up a little bit, I was pretty

24 immobilized. My knee at Wellstar Paulding, and we

25 changed to a different immobilizing. Same general

Page 63



1 concept through a different manufacturer because the

2 first one had rubbed a spot on the back of my leg.

3 And I used that one until probably around the latter

4 part of June. I have to still wear it at night to

5 make sure I didn't bump the knee or anything at

6 night. But I could take it off for PT starting the

7 end of June.

8 Q. Were you wearing the immobilizer before

9 the surgery?

10 A. Repeat that.

11 Q. Were you wearing the immobilizer that you

12 just spoke about before the surgery in May?

13 A. Yeah. I was wearing a mobilizer.

14 Q. So take me through your treatment after

15 the surgery.

16 A. After the surgery, I was sent to the rehab

17 office, and they accomplished what they called

18 passive therapy.

19 Q. So is this physical therapy?

20 A. Yes.

21 Q. Did Dr. Brown prescribe that?

22 A. Yes.

23 Q. Do you know how long he prescribed

24 physical therapy for?

25 A. I don't remember the number of weeks at

Page 64



1 the moment, no.

2 Q. Did you attend all of the prescribed

3 sessions?

4 A. Yes.

5 Q. Tell me about the rest of your treatment

6 after the -- tell me about the remainder of your

7 treatment after May 18th?

8 A. After May 18th, I had passive physical

9 therapy until he decided that I could then go to

10 active physical therapy which would be around the

11 20th of June. And then we started on what they call

12 active therapy.

13 Q. Can you tell me what you did in the

14 passive therapy versus the physical therapy?

15 A. They had me wiggle my toes and make small

16 efforts to maintain motion and so forth in the knee.

17 Q. And you switched over around June 20th?

18 A. Yes.

19 Q. What other treatment did you have?

20 A. Other than the physical therapy?

21 Q. Yes.

22 A. That's it.

23 Q. Did you go back to Dr. Brown?

24 A. Yes.

25 Q. Can you tell me about those visits?

Page 65



1 A. I was still undergoing physical therapy

2 when the knee started aching on a Friday afternoon.

3 And I had chills, slight chills Saturday. The knees

4 become more pronounced Saturday. They were really

5 bad, and my wife called Dr. Brown's office first

6 thing Monday morning to request an appointment to go

7 see him. In the meantime I swung my leg off the bed

8 and as soon as I did, the incision popped open.

9 Blood ran all over the place profusely. My daughter

10 cleaned up as much blood as she possibly could and

11 we loaded up and put the immobilizer back on my leg

12 after cleaning it up and went to Dr. Brown's office.

13 He looked at my leg and tried to examine

14 me and said you need to go in for surgery

15 immediately. So he said he had other patients that

16 he had scheduled and that if I proceeded directly

17 from his office to the hospital by the time I got

18 admitted, checked in and so forth he would be

19 through with that and could come and do the

20 necessary surgery on my knee.

21 Q. Did he say the reason for the surgery?

22 A. Said it was infected.

23 Q. You mentioned that the incision popped

24 open when you swung your leg off the bed.

25 Had it closed at the time?

Page 66



1 A. Oh, yes.

2 Q. The first time that you felt those

3 symptoms was on a Friday afternoon?

4 A. Yes.

5 Q. That following Monday is when you went to

6 see Dr. Brown?

7 A. Yes.

8 Q. Did he perform the surgery that day?

9 A. Yes.

10 Q. Do you know what hospital you went to for

11 the surgery?

12 A. Oconee Memorial.

13 Q. Were you discharged that same day?

14 A. No.

15 Q. How long were you at the hospital?

16 A. Until Friday afternoon.

17 Q. What treatment did Dr. Brown prescribe for

18 you after that?

19 A. Continued antibiotic infusions for six

20 weeks.

21 Q. How did you receive the antibiotics?

22 A. They installed a pig line in my right arm

23 with two ports, and we elected to have home infusion

24 services.

25 So we went home from the hospital on

Page 67



1 Friday afternoon. Saturday we tried to have a nurse

2 from the hospital come out, and we tried to get

3 things going. And they couldn't. She couldn't get

4 the pig line to work.

5 So I was loaded in the car and we drove

6 from there to Greenville. And the hospital there in

7 Greenville was able to get the pig line to work as

8 it should. And we, with the two ports, I backed

9 up -- the first one didn't work. The second one, we

10 got it to work.

11 So we started the infusion there and

12 finished it in route to the hospital in Greenville

13 where the nurses there were able to clear the pig

14 line, and we returned home.

15 Q. Was the hospital in Greenville, is that

16 Oconee Memorial Hospital?

17 A. Oconee Memorial in Seneca, Greenville

18 (Unclear) in Greenville.

19 Q. Take me through your treatment after that

20 point.

21 A. Well the pig line and the treatment the

22 six weeks after that is very extensive. Basically,

23 they give you a little rundown.

24 You take the medication that's provided

25 once a week. They do lab work on Monday to make

Page 68



1 sure they have the right content of ingredients,

2 bring that from Columbia Tuesday morning, and you

3 refrigerate it. You keep it in the refrigerator all

4 the time. Take it out two hours before you start

5 the infusion, and it takes about 15 minutes to get

6 everything set up. And the infusion started an hour

7 and a half after the pig line for the infusion to

8 complete. Then you go through the process of

9 cleaning the pig line, cleaning up everything and so

10 forth.

11 Q. So you received the antibiotic once a week

12 for six weeks?

13 A. Twice a day for six weeks.

14 Q. Twice a day, every day?

15 A. Everyday, 12 hours apart.

16 Q. That was once a week. Was that the lab

17 work?

18 A. The lab work was done on Monday, every

19 Monday. Nurse would come out, take a sample and

20 they would take it back to Oconee Memorial lab for

21 analysis.

22 Q. Did you put the medication in the pig line

23 yourself, or did someone else do that for you?

24 A. Repeat your question.

25 Q. Did you put the medication in the pig line

Page 69



1 yourself?

2 A. Well, they make a bladder and the

3 medication is in a bladder. So you attach the

4 bladder to the pig line. My wife did that.

5 Q. So your wife put the blader in the pig

6 line?

7 A. Yes.

8 Q. So you completed the antibiotic?

9 A. Six weeks.

10 Q. After that six weeks, did you have any

11 treatment?

12 A. After the six weeks, what?

13 Q. After the six weeks of antibiotics, did

14 you have any more treatment?

15 A. No. No more medical treatment, PT.

16 Q. How long did you get PT?

17 A. Start in the hospital. They did passive

18 therapy in the hospital, and they had a nurse come

19 out -- not a nurse -- a therapist come out to my

20 house to do passive therapy during the six week

21 period. And at some point in the six week period,

22 they said you can go back to active. Forget the

23 time -- at some point in time I reserve some, from

24 passive to active --

25 Q. Do you remember when you finished the

Page 70



1 physical therapy?

2 A. December 8th.

3 Q. Were you discharged?

4 A. Yes.

5 Q. How was your knee at that point?

6 A. I think I had about 80 to 85 percent of

7 range of motion, and it was basically stable.

8 Noticeably that I had surgery, and I had an injury.

9 Q. When was the last time that you treated

10 with Dr. Brown?

11 A. I went to him for another issue in, some

12 time in 2018.

13 Q. What was the other issue that you went to

14 him for?

15 A. I had had a sore spot under the ball of my

16 left foot.

17 Q. That was unrelated to this?

18 A. Right.

19 Q. When was the last time that you treated

20 with him for your knee?

21 A. When I was there, they had the foot exam.

22 I said look at my right knee. It still hurts.

23 Q. That was some time in 2018?

24 A. Yes.

25 Q. What did he say at that appointment?

Page 71



1 A. He said, well, we can do laparoscopic

2 surgery to see what might be a problem making it

3 hurt.

4 Q. Did he recommend the laparoscopic surgery?

5 A. He didn't. He said we could do it. He

6 didn't recommend we do it, and I didn't proceed.

7 Q. Why didn't you proceed?

8 A. I basically felt that I had enough surgery

9 on my knee. I could suffer through the pain.

10 Q. Can you tell me about the pain?

11 A. The pain I would say is anywhere from one

12 to a four on the pain scale depending on the time of

13 day and activity level.

14 Q. Is that how it feels currently?

15 A. Yes.

16 Q. Tell me about the pain.

17 Is it a sharp pain, aching pain?

18 Can you describe it for me?

19 A. It's hard to describe. If you have a pair

20 of pliers and gripping and squeezing it together it

21 would be a mild, not a sharp, mild but

22 compression-type pain with some aching going with

23 it. It's really hard to put words to it.

24 Q. It feels like pressure?

25 A. It's an ache more than a pressure.

Page 72



1 Q. And you said that it's between a one and

2 that four out of ten?

3 A. Anywhere during the day it could be

4 anywhere starting, well not starting, sometimes at

5 one and sometimes it goes up to a level four.

6 Q. Is that one out of a ten?

7 A. Yes.

8 Q. I just want to clarify what it was out of

9 Is that constant or sometimes?

10 A. Daily.

11 Q. You take any medication for your feet

12 still?

13 A. No.

14 Q. Have you been back to Dr. Brown since that

15 2018 --

16 A. No.

17 Q. How about any other doctors for your knee?

18 A. Been to a family doctor and the urologist

19 and the eye surgeon, retina surgeon and the

20 optometrist. A litany of doctors, yes.

21 Q. Any doctors for you knee?

22 A. No.

23 Q. I appreciate you being thorough. That's

24 helpful.

25 Did you ever discuss fees with Dr. Brown?

Page 73



1 A. Discuss?

2 Q. Fees.

3 A. Fees?

4 Q. Yes.

5 A. No, I didn't.

6 Q. Did you discuss this lawsuit with

7 Dr. Brown or anyone in his office?

8 A. No.

9 Q. Did Dr. Brown refer you to anyone else?

10 A. No.

11 Q. So other than Dr. Brown, the physical

12 therapy and the nurses who did the pig line, did you

13 see any other medical professionals for this

14 incident?

15 A. Along with -- during that timeframe?

16 Q. No. Just for this incident that we are

17 here to talk about today.

18 A. I'm confused.

19 Q. For your right knee, for the injury on

20 April 28th other than Dr. Brown and the physical

21 therapy that you did and the pig line nurses and the

22 hospital, obviously, did you treat with any other

23 medical professionals for your right knee?

24 A. No. They had the anesthesiologist to go

25 along with the surgery but another company, no.

Page 74



1 MR. GRIMM: You were including Wellstar Pauling

2 in that?

3 MS. POTENTE: Yes. Including all the hospitals

4 that you went to and the anesthesiologist. Just

5 trying to make sure no other orthopedic doctors and

6 things like that.

7 THE WITNESS: No.


9 Q. Between May 18 and when you went to the

10 hospital for the infection in your knee, did you

11 take care of the wound?

12 A. Repeat that please.

13 Q. Between the first surgery that you had on

14 May 18 and when you went to the hospital for the

15 infection, did you do anything to take care of the

16 wound?

17 A. The thumb was a problem I had solved after

18 the fall. I had a purple bruise all the way across

19 my palm including the thumb and had some scatches on

20 the fingers, and they healed themselves.

21 Q. So the wound from your surgery, you know

22 the incision on your knee that you had after May 18,

23 did you take care of that?

24 A. Did I take care of that?

25 Q. Yes, sir.

Page 75



1 A. We did everything that we were instructed

2 to do during the process from the time it was put on

3 to when they took it off.

4 Q. What were you instructed?

5 A. And also during the, they removed the

6 staples that were in the knee in Dr. Brown's office.

7 Q. What were you instructed to do to take

8 care of that incision?

9 A. Keep it clean. Keep the immobilizer on

10 the leg for it, and that's before the surgery we're

11 talking about, right?

12 Q. Did you do any yard work or gardening in

13 between May 18th and the infection?

14 A. No.

15 Q. Did you go swimming at all?

16 A. No.

17 Q. Did you go to the lake or the beach?

18 A. No.

19 Q. Have you received any kind of psychiatric

20 or psychological treatment after April 28th?

21 A. No.

22 Q. When I say April 28th, I mean 2017. You

23 understand that; correct?

24 A. Yes.

25 Q. Have you had any virus after April 28,

Page 76



1 2017, that aren't related to the fall we are here to

2 talk about?

3 A. No.

4 Q. Have you been in any other motor vehicle

5 accidents since that day?

6 A. No.

7 Q. Have you talked to anyone at the

8 Chick-fil-A of Austell about your fall?

9 A. No. Well, wait, my wife talked to a lady.

10 We gave her her name and telephone number to find

11 out why they had not contacted us. They said they

12 would contact us, and they did not. And she gave

13 us, I guess, we asked -- well my wife will explain

14 this. But someone needed to inform the insurance

15 company, and I think she said she would do that.

16 But when the insurance company finally called no one

17 had contacted, the insurance says we were notified

18 yesterday which was a month later.

19 Q. Have you personally talked to anyone at

20 Chick-fil-A?

21 A. No.

22 Q. Have you talked to anyone from the

23 insurance company?

24 A. Yes, we did.

25 Q. Do you remember when that was?

Page 77



1 A. It would be probably.

2 MR. GRIMM: It's in the discovery response

3 May 20, 2017.

4 MS. POTENTE: About a month later does that

5 sound correct?

6 THE WITNESS: About a month.


8 Q. Do you remember that conversation?

9 A. Yes.

10 Q. Can you tell me about that conversation?

11 A. She asked if we had pictures, and she

12 would go check it and get back to us.

13 Q. Any other things that y'all talked about?

14 A. No. Well, she asked about weather

15 conditions and so on and so forth. And she wanted

16 to know if she could record a conversation, and we

17 said no.

18 Q. So you said, no, don't record the

19 conversation?

20 A. Yes.

21 Q. Can you explain to me what problems you're

22 currently suffering from as it relates to your right

23 knee?

24 A. That's a major problem. My neck hurts,

25 but it could be a result of this, or it could be

Page 78



1 something else. It could be old age and, I think,

2 that's pretty much it.

3 Q. Have you had any medical treatment for

4 your neck?

5 A. I spoke to the family doctor, and he

6 prescribed a cream.

7 Q. When did you first begin feeling the pain

8 in your neck?

9 A. I can't remember that because my --

10 typically when I start feeling a pain, I don't know

11 if it's minor. I don't jump up and go see a doctor

12 immediately. I wait and see if it is going to

13 continue or what not.

14 Q. Did you feel it the day of the accident?

15 A. Not immediately, no. At least not enough

16 to make me do anything about it.

17 Q. How about the next week?

18 A. No, I was on the pain medication.

19 Q. You are not sure when the neck pain

20 started?

21 A. It resolved itself at that time when all

22 of the medication was still being used.

23 Q. Other than the family doctor, have you

24 treated for your neck pain?

25 A. No.

Page 79



1 Q. Are you currently treating with any

2 doctors for your right knee?

3 A. No.

4 MS. POTENTE: I will take a question break and

5 go through my questions. If you want to ask a few

6 questions.

7 EXAMINATION

8 BY MS. STOUT:

9 Q. I'm Nicole Stout, and I'm going to jump

10 around a little bit. And I apologize for that. I

11 have got what I call clean up questions of little

12 details I want to ask about sufficient stuff you

13 probably already talked about. So I apologize ahead

14 of time, and I represent Horizon Construction one of

15 the defendants in this case.

16 Are you on medical care currently?

17 A. Yes.

18 Q. Do you have a medical care supplement

19 policy?

20 A. No.

21 Q. Have you received a conditional payment

22 letter from Medicare saying we paid "X" amount for

23 your treatment related to this fall?

24 A. No.

25 Q. Anything like that?

Page 80



1 Other than medical care, do you have any

2 other insurance?

3 A. Yes.

4 Q. What company?

5 A. Blue Cross Blue Shield of South Carolina.

6 Q. Do you have any out-of-pocket expenses

7 from any of the medical treatment with deductibles

8 or supplies or anything like that?

9 A. Nothing significant. Minor bandages stuff

10 like that we don't even consider it.

11 Q. Where do you get are prescriptions filled?

12 A. CVS.

13 Q. Which location?

14 A. Bonnieland. It's in Seneca.

15 Q. How long have you been getting

16 prescriptions filled there?

17 A. Ten years, 11 years.

18 Q. Do you use any other pharmacies in town?

19 A. No.

20 Q. You mentioned your primary care doctor, is

21 that that family practice you mentioned earlier?

22 A. Yes, yes.

23 Q. How long have you been going there?

24 A. Ten, 12 years. I -- like I indicated

25 earlier, many different doctors in that timeframe.

Page 81



1 Q. And in your discovery responses you

2 identified some eye doctors. I want to go through

3 all of those.

4 But do you know when the last time was you

5 had your eyes checked before the fall?

6 A. It would be in March of '17.

7 Q. March? Okay. And who would you have gone

8 to an optometrist or one of the specialist?

9 A. Retina specialist.

10 Q. Which doctor would that have been?

11 A. Dr. Revalise.

12 Q. Okay. I saw that in there. And at that

13 time what was the condition of your eyes if you

14 remember in March of 2017?

15 A. He said the right eye was functioning

16 good, well, no problem. The left eye had a growing

17 cataract. When you have it removed it's a Cadillac.

18 Q. By the time you have it removed?

19 A. Yes.

20 Q. So you had the beginnings of a left-eye

21 cataract at the time?

22 A. Yes.

23 Q. Did you have any change to your vision as

24 a result of the cataract?

25 A. No.

Page 82



1 Q. Were you noticing any symptoms?

2 A. No.

3 Q. I see you have glasses in your pocket, are

4 those eye glasses or reading glasses?

5 A. They are reading glasses.

6 Q. Is your driver's license a South Carolina

7 driver's license?

8 A. South Carolina, yes.

9 Q. Do you have it with you today?

10 A. Yes.

11 Q. Can I look at it, please?

12 A. Sure.

13 Q. Did your doctor when you went in March of

14 2017, did he give you an estimate about how long it

15 would be before you would need to get that left

16 cataract surgery?

17 A. No. He asked me what my normal

18 optometrist was telling me. And, I said, I think I

19 should have the surgery to have the cataract

20 removed. And after he thought about it a bit, he

21 said, well, I could go along with that. It's not

22 50 percent. Or I can give you a prescription which

23 would mean you do not need surgery right away.

24 Q. So at that visit no date was set of, okay

25 we are going to give it six months or a year before

Page 83



1 we do this?

2 A. No.

3 Q. And then when was the time before the

4 fall, when was the last time you had seen your

5 regular optometrist?

6 A. Not until after the fall.

7 Q. Okay. And whose that you go to, which

8 one?

9 That's not Georgia Retina, is it?

10 A. No. That's Clemson Eye.

11 MR. GRIMM: Optometrist or Ophthalmologist?

12 BY MS. STOUT: (Resuming)

13 Q. Okay, so the doctor not just a person

14 checking your vision?

15 A. He's one of the doctors. They do cataract

16 surgery and all this. I can't keep track of the

17 different names.

18 Q. Yeah, I know. It's not just somebody

19 checking your vision?

20 A. No.

21 Q. And you don't remember when -- had you

22 been to Clemson Eye before the fall sometime?

23 A. That would have been September of '16.

24 Q. And he had mentioned to you in that visit

25 in September of '16 that you could go ahead and have

Page 84



1 the left surgery?

2 A. He -- well, he said it's, I can't recall

3 his exact words. It's growing, and it will

4 eventually require removal. But he wasn't in any

5 hurry to do it.

6 Q. And did he do it to your right eye?

7 A. No.

8 Q. Where did you get your right eye?

9 A. In Jonesboro, Georgia.

10 Q. When you were working for that FAA all

11 those years, did you live in the Atlanta area?

12 A. No.

13 Q. Don't tell me you commuted everyday?

14 A. No. Almost. Well, I started out as a

15 resident engineer which means that I would travel

16 from project to project within the region. And I

17 did that. We did that until our oldest daughter got

18 to be a first grader. And then we decided it was

19 time to get off the road. And we then moved to a

20 permanent residence in Atlanta and that would be in

21 1968.

22 Q. Good memory.

23 A. I remember but as we actually moved in the

24 house on New Year's Day of '69.

25 Q. A lot of people my age don't have that

Page 85



1 good of a memory, so I'm impressed.

2 When did you move to Seneca area when that

3 --

4 A. We bought the house November of 2005, and

5 I continued working through 2006 and retired

6 January 3, 2007.

7 Q. What just, when you, by the time you

8 retired, what kinds of things were you doing

9 specifically?

10 Were you in charge of construction

11 projects or...

12 A. I was once called a regional program

13 manager. FAA was divided into nine regions and each

14 region had a program manager for each group of

15 facilities. And I was a regional counterpart person

16 for the southern region.

17 Q. Were you typically helping oversee and

18 manage existing FAA facilities or...

19 A. No. These are a combination of rehabbing

20 existing, establishing new modernizations so to

21 speak.

22 Q. And was part of that just runways and that

23 sort of thing?

24 A. That particular program management was

25 radar. I managed the long range radar, the thermal

Page 86



1 radar and most of the time weather radar and so on

2 and so forth. I can give you the acronyms if you

3 want them.

4 Q. I do some aviation work but general is

5 fine for this.

6 Any part of your career with the FAA did

7 you ever oversee, or were you involved in any

8 construction of buildings?

9 A. I was a resident engineer for the

10 construction of air traffic control tower of

11 Columbia for -- I could give you a litany of

12 different types of facilities and locations but that

13 was the tallest structure.

14 Q. Did part of that involve walkways either

15 for employees or the public?

16 A. Actually, I did the design adaptation for

17 walkways in Columbia and the construction oversaw

18 the construction of that and the concrete tower

19 shaft.

20 Q. And when you would do those did you do it

21 under your engineering stamp, or would you contract

22 it out for somebody to draw up the plans and then

23 you would approve it?

24 A. We did those in-house.

25 Q. In house, okay.

Page 87



1 A. We had contracted our standard tower

2 design drawing decided adaptation was a regional

3 issue.

4 Q. Did you have any specific expertise in

5 walkways, sidewalks, that kind of, the sort of thing

6 we are talking about here today?

7 A. No.

8 Q. Do you have any kind of specific knowledge

9 of or training with ADA guidelines or other

10 guidelines that would go over pathways and

11 sidewalks?

12 A. Training, no.

13 Q. What about expertise or experience in that

14 area?

15 A. Well, I have done research on my own on

16 requirements of ADA.

17 Q. Had you ever done that before this fall?

18 A. To a small extent. My actual involvement

19 with construction basically ended when I became,

20 working for, regional program manager. And by that

21 time the ADA had issued their first set of

22 instructions.

23 Q. When was it that you became the program

24 director?

25 A. I think that was 1995, '91, the ADA issued

Page 88



1 their first requirements.

2 Q. Can I take it that since this fall you

3 read up more on the ADA?

4 A. A little bit more, yes.

5 Q. Any other sort of guidelines or

6 engineering standards you've reviewed since the

7 fall?

8 A. No.

9 Q. And do you recall specifically what

10 sections or parts of the ADA -- you don't have to

11 say the section numbers -- but any specific thing

12 that are coming to mind that you reviewed from the

13 ADA?


15 THE WITNESS: Can you expand on that?


17 Q. Sure. Did this fall prompt you to go look

18 at the ADA guidelines?

19 A. I couldn't believe that anyone could

20 legally construct a sidewalk that I fell on, and I

21 wanted to see if that was really possible.

22 Q. And did you look just in specific areas,

23 sidewalks and that sort of thing in the ADA, or did

24 you review the whole?

25 A. Well, concentrated on curbs and ramps.

Page 89



1 Q. Okay. Did you see anything in your review

2 that you believe is governing this particular

3 sidewalk that we've been talking about?

4 A. From a personal standpoint it would appear

5 that the ramp, assuming that's considered a ramp,

6 should be completely covered with an identifying

7 object.

8 Q. Do you mean like the actual walkway

9 surface, the sidewalk itself, or you just talking

10 about the curbing?

11 A. Between the curbs. The sidewalk between

12 the curbs and the start of the curb down to the end

13 of the curb.

14 Q. Okay. So you're motioning the walkway

15 surface itself --

16 A. Yes.

17 Q. -- or you're saying that the fact that

18 it's at a decline or incline the whole thing should

19 be...

20 A. From this point it would be steep incline

21 from this point down should be covered.

22 (Indicating).

23 Q. With a paint color?

24 A. Something like this would be, paint, would

25 be a possibility. There are any number of

Page 90



1 possibilities that a person could employ.

2 Q. You've mentioned that you felt like it was

3 a steep incline do you know what the grade is there

4 in the area?

5 A. No.

6 Q. Have you gone back since the day of the

7 fall, taken any measurements or additional

8 photographs?

9 A. Yes.


11 A. I don't recall the date.

12 Q. Was it within a couple months after the

13 fall?

14 A. Probably a few months after.

15 MR. GRIMM: Object to the form of these

16 questions. We have produced photographs. We've

17 given you the dates those photographs were taken by

18 both Mr. Carter and Mrs. Carter.

19 MS. STOUT: Well, he's testifying today, and I

20 just want to get his best recollection of when it

21 was. I'm not trying to pin him down to a specific

22 date. I'm just trying to get an idea about when he

23 was there.

24 Did you take any measurements when you went?

25 A. I did a very rudimentary check.

Page 91



1 Q. What, was it with the tape measure, or

2 what exactly were you checking?

3 A. I'm sorry?

4 Q. Which area were you checking.

5 Was it with a tape measure to check size

6 or grade?

7 A. I would do a combination.

8 Q. Did you make a report of that, or write

9 any of that data down?

10 A. I made notes.

11 Q. I don't want to know what you and your

12 attorney have talked about or done, but was anyone

13 there with you?

14 A. My wife.

15 Q. Anyone else?

16 A. No.

17 Q. Since that day, have you been out to the

18 site anymore?

19 A. We talked about going back for lunch one

20 day. I can't remember whether we did or did not.

21 Q. But that one day we were talking about

22 that's the only time you have taken rudimentary

23 measurements or photographs?

24 A. I'm not sure.

25 Q. You had mentioned that you believe that

Page 92



1 the decline or incline should be marked, is there

2 anything else based on your review of the ADA you

3 believe should be different?

4 MR. GRIMM: From a personal standpoint?

5 MS. STOUT: Yes. Because I assume you're not

6 going to have him be an expert.

7 MR. GRIMM: Right. We already had an expert.

8 We submitted an affidavit with the complaint so...

9 THE WITNESS: Would you restate your question

10 please.


12 Q. Is there anything -- you had mentioned

13 that you believe that the ramp should be a different

14 color. Is there anything else that you believe,

15 personally, should be different on the sidewalk?

16 A. You were kinda trailing off at the end of

17 your statement.

18 Q. Okay. I'm sorry. If you had mentioned

19 that you believed just the incline decline should be

20 marked some way, is there anything else you believe

21 should be different about the walkway than the way

22 it was the day that you fell?

23 A. If it exceeds ADA standards, it should not

24 have been constructed. I don't know if it does or

25 does not.

Page 93



1 Q. You are not going to give an expert

2 opinion in this case are you?

3 A. No.

4 Q. Then I don't really need to ask you any

5 more questions about that because of your

6 background. I have to make sure that you don't have

7 strong opinions on it one way or the other.

8 Prior to your going on Medicare just by

9 age, had you ever applied for Social Security

10 disability?

11 A. No.

12 Q. Had you before been given a disability

13 rating by any doctor before your fall?

14 A. No.

15 Q. You had mentioned that one rear end

16 collision where you had a little bit of whiplash.

17 Did you get any treatment for that?

18 A. I think I mentioned there were two rear

19 end.

20 Q. Oh, two. Okay.

21 A. And, yes, I went to a family doctor, and

22 they prescribed muscle relaxers.

23 Q. And was that, when y'all were living in

24 South Carolina, or was that before?

25 A. In Georgia.

Page 94



1 Q. Who was your primary care doctor in

2 Georgia when you...

3 A. I believe at that point in time it was

4 Dr. Reddy. R-E-D-D-Y.

5 Q. And where was Dr. Reddy's office?

6 A. Jonesboro.

7 Q. Have you ever been to a chiropractor for

8 any reason?

9 A. No.

10 Q. Do you know if you ever had a cervical or

11 lumbar x-ray or MRI before?

12 A. No.

13 Q. Have you ever fainted or passed out at any

14 time before this fall?

15 A. Yes.


17 A. Probably 1948.

18 Q. What were the circumstances?

19 A. My mother was very astute that we should

20 attend a confederate memorial service at Riches

21 Bridge Memorial in May or June. I think it was in

22 late May and the kids should wear a suit and tie and

23 coat. And it was hotter than the devil, and I

24 passed out.

25 Q. Did you lock your knees don't -- any other

Page 95



1 as an adult?

2 A. Yes. My mother was in the hospital, and

3 my dad carried my brother and myself to visit. And

4 she had a tube leading from her body down to a jar

5 on the floor. Bloody looking, and I saw that and I

6 passed out.

7 Q. Have you ever been diagnosed with diabetes

8 or high blood glycemia or low blood sugar?

9 A. No.

10 Q. You mentioned that when at some point at

11 the scene after you fell you passed out.

12 Were you standing or sitting when you

13 passed out?

14 A. Sitting.

15 Q. And where, if we could just use one of

16 these just so I could get an idea. Probably would

17 this one show the area where you were sitting.

18 That's Defendant Exhibit No. B?

19 A. Yes.

20 Q. Would you just -- I've got the green. If

21 you could just mark with a -- hold on just a second.

22 MR. GRIMM: Let her finish the question.


24 Q. Mark with an "S" where you were sitting

25 when you passed out.

Page 96



1 MR. GRIMM: Where his butt was?


3 Q. Yeah, where your bottom was.

4 A. This is going to be speculating.

5 MR. GRIMM: Don't speculate.

6 THE WITNESS: (Complying).


8 Q. Just mark that with an "S" if you don't

9 mind because we have got so many markings here.

10 MR. GRIMM: He marked with the green pen where

11 he was sitting, so why do you need to put an "S"

12 there?

13 MS. STOUT: Well, because I'm gonna have him

14 mark some other things. So I just don't want there

15 to be confusion. So why don't you just make a line

16 out from that area and just put an "S" there.

17 THE WITNESS: A long line?

18 MS. STOUT: Just wherever just so that we can

19 see that it's an "S". That's fine. Just put an "S"

20 as in Sam so we know that's where you were sitting.

21 THE WITNESS: "S". Put an "S" there? Perfect.


23 Q. All right. Where were your legs when you

24 were sitting?

25 Were they on the grass area or on the

Page 97



1 concrete?

2 A. On the concrete.

3 Q. So when you passed out, where did your

4 upper body go?

5 A. Towards the "S."

6 Q. Which that would be on the grassy area?

7 A. Yes.

8 Q. Do you know if you hit the back of your

9 head or where?

10 A. No, I do not know.

11 Q. You just woke up and you were..

12 A. I woke up fuzzy and the nurse was saying,

13 stay with me.

14 Q. Do you know about how long it was from the

15 time you fell until you passed out?

16 Was it seconds or almost immediately when

17 sitting down?

18 A. Almost immediately.

19 Q. And just so I've got it clear, could you

20 just give us the name of your niece that's with you

21 all when you were at the Chick-fil-A.

22 Is that Lori?

23 A. Yes.

24 Q. What is Lori's last name?

25 A. Frith.

Page 98



1 Q. I know what her name is, but I wanted to

2 just get his testimony.

3 A. It's Lori Frith. Lori Frith.

4 Q. All right. F-R-I-T-H.

5 When you all were exiting the Chick-fil-A,

6 were you walking ahead of your wife and your niece?

7 A. I think we were walking fairly close

8 together initially and towards the end, I increased

9 my speed to get slightly in front of them to use my

10 clicker.

11 Q. Do you know about how many feet you were

12 in front of them when you tripped?

13 A. Probably 2 feet. No wait. Yeah, between

14 two and four.

15 Q. Were you all having any conversation in

16 the seconds before you...

17 A. I wasn't.

18 Q. Were they?

19 A. I can't answer that. I don't know, I

20 couldn't hear.

21 Q. But you believe they were just a few paces

22 behind you?

23 A. Yes. They were within one to two paces

24 behind. Probably one pace.

25 Q. Do you believe you were walking -- you

Page 99



1 said you had picked up the pace, was that just right

2 before your fall, or had you picked up the pace when

3 you left the restaurant or the store?

4 A. Clarify that again.

5 Q. You had mentioned that you picked up your

6 pace a little bit to get ahead of them. To use the

7 clicker to get the car open.

8 About how many seconds before your fall

9 had you picked up the pace to get ahead of them?

10 A. One to two seconds, three seconds.

11 Q. Do you know -- and you might have answered

12 this but just so I'm clear -- did any part of your

13 head hit the ground when you fell?

14 A. I really don't know because I was out

15 before my head hit.

16 Q. When you were sitting but what about the

17 initial fall, do you know if you hit your head at

18 all?

19 A. I don't know.

20 Q. Do you know if you lost consciousness

21 either during the trip or after the trip?

22 A. Well, when they started picking me up when

23 it began to turn dark. And I immediately said I

24 have got to sit down. And I said, okay. And I sat

25 downed and, flop.

Page 100



1 Q. So you started feeling faint?

2 A. I could feel a little darkness setting in

3 when they were holding me up.

4 Q. This was after you tripped and fell?

5 A. Obviously, yes.

6 Q. Well, there's a little bit of a gap -- I'm

7 just trying to clarify, you did, did you pass out

8 while you were walking or feel --

9 A. Oh, no.

10 Q. -- faint while you were walking?

11 A. I fell. They helped me up, and as I

12 stated I started to feel a little darkness as they

13 helped me up. And I immediately said, I got to sit

14 because I could feel something happening. And I sat

15 down, and passed out. Finished passing out.

16 Q. When you started feeling faint and at the

17 point where you had gotten sort of standing back up,

18 were you on the concrete or on the grass at that

19 point?

20 A. I was still sitting partly on the concrete

21 and on the grass.

22 Q. When about, right when you got up after

23 the fall and the people helped you up, that's when

24 you were feeling faint, where were you at that

25 point?

Page 101



1 A. I was still on the concrete then.

2 Q. At any time before your fall, did you ever

3 walk in the grass area?

4 A. No.

5 Q. What about when you were going in the

6 store, did you ever walk in the grass area?

7 A. No.

8 Q. You had mentioned that you -- going back

9 to the fall -- did you, your left foot started

10 tripping was that because you didn't expect the

11 decline?

12 A. My left foot did not start tripping, it

13 fell into a depression which basically caused me, I

14 guess, to stumble or tend to loss balance or

15 something. And my right foot then was in it's

16 motion, and it hit on the curb and ballowie.

17 Q. Do you have any feeling about whether you

18 had already started to go down a decline before you

19 felt that left foot?

20 A. No. Nothing other than the general

21 incline getting there. It was inclined as well.

22 Q. So you kinda knew you were going down,

23 down some, but then when that left foot went down

24 further than you were expecting --

25 A. It was a significant change when the left

Page 102



1 foot went down further.

2 Q. When that left foot hit, did it hit flat,

3 or did you hit on your heel or on your toe or your

4 side?

5 Any idea?

6 A. That's so momentary, I can't tell you.

7 Q. Did you just feel yourself going forward

8 or sideways or backwards?

9 A. Again, it's all so instantaneous, there is

10 no way to answer that.

11 Q. Do you have any recollection of that left

12 foot stubbing on anything?

13 A. No.

14 Q. The prior right knee surgery was that here

15 in the Atlanta area or Jonesboro?

16 A. Jonesboro.

17 Q. Where was that?

18 A. Where?

19 Q. Yeah, what hospital?

20 A. I think it was the Jonesboro Hospital.

21 Possibly it might have been East Point. I'm not

22 totally sure.

23 Q. But it had been pretty much okay other

24 than the --

25 A. It was perfect after the recovery.

Page 103



1 Q. Once you were, after you passed out and

2 came to, how did you get from the spot where you

3 were sitting to the car?

4 A. My wife and Lori helped me.

5 Q. Did they have to get on the side?

6 A. Yeah. One on each side, yes.

7 Q. Does your daughter live with y'all, or did

8 she at the time?

9 A. She was visiting at the time.

10 Q. But she wasn't with you that day was she?

11 A. No.

12 Q. Just going back to the neck issue, you

13 haven't seen any chiropractor since the fall?

14 A. I've never seen a chiropractor.

15 Q. So really just mentioning the neck pain to

16 your primary doctor is really the only interaction

17 with the doctor you had about the neck pain; is that

18 fair?

19 A. Yes.

20 Q. Let me just double check a couple of notes

21 here.

22 MS. POTENTE: While you are doing that, can I

23 ask a couple of clarifying questions real quick?

24 MS. STOUT: Yes.

25 EXAMINATION

Page 104



1 BY MS. POTENTE:

2 Q. Do you know what part of the curb that the

3 right foot hit as you were falling?

4 A. I think it was the side, but I'm not -- it

5 could have been at the top, but I believe it was the

6 side of the curb.

7 Q. How do you know that your right foot hit

8 the curb?

9 A. I felt it. My right foot stayed there.

10 It was anchored for a moment.

11 Q. So your right foot stayed on the curb as

12 you were falling?

13 A. Yes. It's all in one continuing motion.

14 When right foot hits, it stalls. It doesn't move,

15 and you fall over.

16 Q. Was any part of your body on the curb when

17 you were on the ground?

18 A. No.

19 Q. When you fell on the ground that initial

20 trip you said you landed on your hands and your

21 knees, was any part of your body on the curb at that

22 point, or was it in the pathway?

23 A. In the pathway.

24 EXAMINATION

25 BY MS. STOUT:

Page 105



1 Q. Just a couple more.

2 If you go back to look at Exhibit No. B

3 there, if you could just point to me just for

4 clarification of the record when we were talking

5 about the right foot hitting the curb, which curb

6 was that? If you could just point to the area.

7 A. The curb on the right side of the pathway

8 (Indicating).

9 Q. Could you take a pen and just put an "R"

10 in that area. I understand you don't know

11 specifically; is that fair?

12 Do you feel comfortable marking on there

13 where you right foot hit the curb?

14 A. Reasonably.

15 Q. If you could just put the approximate area

16 where your right foot hit the curb.

17 MR. GRIMM: What color?

18 MS. POTENTE: Should it be blue? Okay. Let's

19 do black.

20 MR. GRIMM: And this is approximate?

21 MS. STOUT: Yes. Just make an "R" right there

22 for us.

23 EXAMINATION

24 BY MS. VOELZKE:

25 I have two questions I will ask while they

Page 106



1 are looking at their notes. You mentioned that you

2 were wearing New Balance sneakers?

3 Can you hear me okay?

4 A. Repeat it, please.

5 Q. You mentioned earlier that you were

6 wearing New Balance sneaks at the time of the

7 incident, do you still own those shoes?

8 A. Yes.

9 Q. I would ask that you not give them to

10 Goodwill or give them away. Hang on to them until

11 this lawsuit is over.

12 Can you do that?

13 A. Yes.

14 Q. Those shoes are evidence in a lawsuit. So

15 you are obligated to hang on to them. I'm just

16 asking that you preserve them.

17 A. They are not preserved.

18 Q. What do you mean they are not preserved?

19 A. I have continued to wear them.

20 MR. GRIMM: He has them. We will keep them.

21 MS. VOELZKE: Sir, my statement is simply a

22 request that you not give them away to a neighbor or

23 to Goodwill. That you keep them in your possession.

24 BY MS. VOELZKE: (Resuming)

25 Q. After the incident you mentioned that you

Page 107



1 took some measurements of the sidewalk and the curb.

2 Do you recall that testimony?

3 A. Yes.

4 Q. You mentioned that you took some notes of

5 those measurements; correct?

6 A. Yes.

7 Q. Do you still have those notes?

8 A. I'm not sure.

9 Q. I'm going to request that you look for

10 them when you get home, and if you have them still

11 please provide them to your attorney so he can share

12 them to us.

13 MR. GRIMM: Let me just insert an objection.

14 I don't know if they were done at the behest of an

15 attorney they had, therefore, the attorney client

16 work product is protected. So, but...

17 MS. VOELZKE: Subject to privilege or work

18 product objection, I would ask that you provide them

19 to your attorney.

20 THE WITNESS: Okay.

21 MS. VOELZKE: That is all I have.

22 MS. STOUT: I don't think I have anything else.

23 EXAMINATION

24 BY MR. GRIMM:

25 Q. I think I have a couple clarifications.

Page 108



1 Mr. Carter, I will go backwards. Ms. Stout was

2 asking you some questions about the seconds before

3 the fall started; do you recall that?

4 A. Yes.

5 Q. And the seconds before the fall started,

6 were you walking normally?

7 A. Yes.

8 Q. Were you paying attention to your

9 surroundings?

10 MS. STOUT: Object to the form.

11 MS. VOELZKE: Same objection.

12 MS. POTENTE: Objection.

13 THE WITNESS: No more than normal.

14 BY MR. GRIMM: (Resuming)

15 Q. Were you walking like a normal person

16 would

17 MS. STOUT: Objection.

18 MS. POTENTE: Objection.

19 THE WITNESS: A normal gait. A normal person.

20 BY MR. GRIMM: (Resuming)

21 Q. You drew for Ms. Potente on Exhibit No. A

22 your path into the restaurant; you recall that?

23 A. Yes.

24 Q. Is my recollection from your testimony

25 correct that you're not sure if you walked out of

Page 109



1 the driver's side of the car or walked around and

2 let out your wife and niece?

3 A. That is correct.

4 Q. When you walked up the sidewalk to go into

5 the restaurant which side of the sidewalk were you

6 on as you walked into the restaurant?

7 A. The right side adjacent to the shrubbery.

8 Q. Did you see what we have been calling the

9 curb or wall that's fully depicted in Exhibit,

10 Defendant's Exhibit B when you walked in?

11 A. No. I did not notice a curb there.

12 Q. When you walked out on the way to your car

13 before the fall, did you see that curb?

14 A. No.

15 Q. Or wall?

16 MR. GRIMM: Okay. That's all I have.

17 EXAMINATION

18 BY MS. POTENTE:

19 Q. I'm just going to ask one last question,

20 where were you looking when you were walking into

21 the restaurant?

22 Were you looking straight ahead? Were you

23 looking at the ground?

24 A. Looking ahead to see, basically, where the

25 door was to access in regard to the walkway and

Page 110



1 whatnot.

2 Q. Did you look at the ground at any point as

3 you were walking into the restaurant?

4 A. I didn't have any need to look at the

5 ground.

6 Q. Is that a no?

7 A. No.

8 MS. POTENTE: I think that is it.

9 (Proceedings concluded at 12:45 p.m.)

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Page 111



1 TO: JEFFREY GRIMM

2 Re: Signature of Deponent Elizabeth Carter

3 Date Errata due back at our offices: 1/10/20

4

5 Greetings:

6 The deponent has reserved the right to read and

7 sign. Please have the deponent review the attached

8 PDF transcript, noting any changes or corrections on

9 the attached PDF Errata. The deponent may fill out

10 the Errata electronically or print and fill out

11 manually.

12

13 Once the Errata is signed by the deponent and

14 notarized, please mail it to the offices of Veritext

15 (below).

16

17 When the signed Errata is returned to us, we will

18 seal and forward to the taking attorney to file with

19 the original transcript. We will also send copies

20 of the Errata to all ordering parties.

21

22 If the signed Errata is not returned within the time

23 above, the original transcript may be filed with the

24 court without the signature of the deponent.

25

Page 112



1 Please send completed Errata to:

2

3 Veritext Production Facility

4 20 Mansell Court

5 Suite 300

6 Roswell, GA 30076

7 770-343-9696

8

9 ERRATA

10 I, the undersigned, do hereby certify that I have

11 read the transcript of my testimony, and that

12

13 ___ There are no changes noted.

14 ___ The following changes are noted:

15

16 Pursuant to Rule 30(7)(e) of the Federal Rules of

17 Civil Procedure and/or OCGA 9-11-30(e), any changes

18 in form or substance which you desire to make to

19 your testimony shall be entered upon the deposition

20 with a statement of the reasons given for making

21 them. To assist you in making any such corrections,

22 please use the form below. If additional

23 pages are necessary, please furnish same and attach.

24

25 Page _____ Line ______ Change

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1 ____________________________________________________

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3 ____________________________________________________



6 ____________________________________________________

7 Reason for change __________________________________

8

9

10 ____________________

11 DEPONENT'S SIGNATURE

12 Sworn to and subscribed before

13 me this ___ day of

14 _________________, _______.

15 _____________________________

16 NOTARY PUBLIC

17 My Commission Expires:_____________

18

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25

Page 115



1 C E R T I F I C A T E

2 STATE OF GEORGIA ) ss.

3 FULTON COUNTY )

4 I, GLADYS J. LEONARD, HEREBY CERTIFY THAT

5 THE FOREGOING PROCEEDINGS WERE TAKEN DOWN, AS STATED

6 IN THE CAPTION, AND THE COLLOQUIES, QUESTIONS AND

7 ANSWERS WERE REDUCED TO TYPEWRITING UNDER MY

8 DIRECTION; THAT THE FOREGOING PAGES 1 THROUGH 115

9 REPRESENT A TRUE, CORRECT AND COMPLETE RECORD OF THE

10 EVIDENCE GIVEN.

11 THE ABOVE CERTIFICATION IS EXPRESSLY

12 WITHDRAWN AND DENIED UPON THE DISASSEMBLING AND/OR

13 PHOTOCOPYING OF THE FOREGOING TRANSCRIPT OR ANY PART

14 THEREOF, INCLUDING EXHIBITS, UNLESS SAID

15 DISASSEMBLING AND/OR PHOTOCOPYING IS DONE UNDER THE

16 AUSPICES OF THE UNDERSIGNED COURT REPORTER AND THE

17 ORIGINAL SIGNATURE AND RAISED SEAL IS ATTACHED

18 THERETO.

19 I FURTHER CERTIFY THAT I AM NOT A RELATIVE

20 OR EMPLOYEE OR ATTORNEY, OR COUNSEL OF ANY PARTY,

21 NOR AM I FINANCIALLY INTERESTED IN THE OUTCOME OF

22 THE ACTION.

23

24

<%17022,Signature%>

25 GLADYS J. LEONARD, RPR, CCR# B-2051

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[outcome - plaza] Page 13



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problem 13:1272:2 75:17 78:2482:16

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[restaurant - shoes] Page 16



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Georgia Code

Title 9, Chapter 11

Article 5, Section 9-11-30

(e) Review by witness; changes; signing.

If requested by the deponent or a party before

completion of the deposition, the deponent shall

have 30 days after being notified by the officer

that the transcript or recording is available in

which to review the transcript or recording and, if

there are changes in form or substance, to sign a

statement reciting such changes and the reasons

given by the deponent for making them. The officer

shall indicate in the certificate prescribed by

paragraph (1) of subsection (f) of this Code

section whether any review was requested and, if

so, shall append any changes made by the deponent

during the period allowed. If the deposition is not

reviewed and signed by the witness within 30 days

of its submission to him or her, the officer shall

sign it and state on the record that the deposition

was not reviewed and signed by the deponent within

30 days. The deposition may then be used as fully

as though signed unless, on a motion to suppress

under paragraph (4) of subsection (d) of Code

Section 9-11-32, the court holds that the reasons

given for the refusal to sign require rejection of

the deposition in whole or in part.

DISCLAIMER: THE FOREGOING CIVIL PROCEDURE RULES

ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

THE ABOVE RULES ARE CURRENT AS OF APRIL 1,

2019. PLEASE REFER TO THE APPLICABLE STATE RULES

OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION.

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DEFENDANT'S EX BIT

Documents

Deposition of: Walter Carter