Download pdf - Reporter's Transcript of Trial Proceedings

In the Matter of:

Jason Lo

vs.

Dominick Consolazio

Reporter's Transcript of Trial Proceedings

09/21/2018

Job #: 139003

(818)988-1900

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES, CENTRAL DISTRICT

DEPARTMENT 1 HON. CHARLES F PALMER, JUDGE

JASON LO, NINA LO, ) ) PLAINTIFFS, ) ) CASE NO. BC653464 VS. ) ) DOMINICK CONSOLAZIO, SOUTHERN ) CALIFORNIA GAS COMPANY, AND DOES 1 ) THROUGH 50, INCLUSIVE, ) ) DEFENDANTS. ) _____________________________________ )

REPORTER'S TRANSCRIPT OF TRIAL PROCEEDINGS

FRIDAY, SEPTEMBER 21, 2018

(APPEARANCES ON FOLLOWING PAGE)

REPORTED BY DAYNA HESTER, C.S.R. NO. 9970 OFFICIAL REPORTER PRO TEMPORE

1 APPEARANCES OF COUNSEL:

2 FOR PLAINTIFFS: PANISH SHEA & BOYLE LLP BY: BRIAN J. PANISH, ESQ.

3 DANIEL W. DUNBAR, ESQ. ALEXANDER BEHAR, ESQ.

4 11111 SANTA MONICA BOULEVARD SUITE 700

5 LOS ANGELES, CALIFORNIA 90025 (310) 477-1700

6 [email protected] [email protected]

7 [email protected]

8

9 FOR DEFENDANT, LEWIS BRISBOIS BISGAARD & SMITH LLP SOUTHERN CALIFORNIA BY: DANA ALDEN FOX, ESQ.

10 GAS COMPANY EDWARD E. WARD, JR. 633 WEST 5TH STREET

11 SUITE 4000 LOS ANGELES, CALIFORNIA 90071

12 (213) 250-1800 [email protected]

13 [email protected]

14 FOR DEFENDANT DOMINICK CHAPMAN, GLUCKSMAN, DEAN, ROEB &

15 CONSOLAZIO: BARGER, APC BY: ARTHUR J. CHAPMAN, ESQ.

16 GLENN T. BARGER, ESQ. 11900 WEST OLYMPIC BOULEVARD

17 SUITE 800 LOS ANGELES, CALIFORNIA 90064

18 (310) 207-7722 [email protected]

19 [email protected]

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1 M A S T E R I N D E X

2 FRIDAY, SEPTEMBER 21, 2018

3 --O0O--

4 INDEX OF PROCEEDINGSDESCRIPTION PAGE

5 A.M. SESSION 1JURY VOIR DIRE BY THE COURT 3

6 OPENING STATEMENT BY MR. PANISH 19OPENING STATEMENT BY MR. FOX 56

7 OPENING STATEMENT BY MR. BARGER 83P.M. SESSION 114

8

9

10 CHRONOLOGICAL INDEX OF WITNESSES

11 WITNESSES: PAGESEAN JUDD (OFFICER)

12 DIRECT EXAMINATION BY MR. PANISH 90 CROSS-EXAMINATION BY MR. WARD, JR. 144

13 CROSS-EXAMINATION BY MR.. BARGER 148 REDIRECT EXAMINATION BY MR. PANISH 148

14 RENE CASTAÑEDA DIRECT EXAMINATION BY MR. PANISH 150

15 CROSS-EXAMINATION BY MR. FOX 227 CROSS-EXAMINATION BY MR. BARGER 243

16 REDIRECT EXAMINATION BY MR. PANISH 244

17

18 ALPHABETICAL INDEX OF WITNESSES

19 WITNESSES: PAGECASTAÑEDA, RENE

20 DIRECT EXAMINATION BY MR. PANISH 150 CROSS-EXAMINATION BY MR. FOX 227

21 CROSS-EXAMINATION BY MR. BARGER 243 REDIRECT EXAMINATION BY MR. PANISH 244

22 JUDD, SEAN (OFFICER) DIRECT EXAMINATION BY MR. PANISH 90

23 CROSS-EXAMINATION BY MR. WARD, JR. 144 CROSS-EXAMINATION BY MR. BARGER 148

24 REDIRECT EXAMINATION BY MR. PANISH 148

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1 M A S T E R I N D E X


3 --O0O--

4 EXHIBITS

5 EX NO. DESCRIPTION FOR IN OTHER I.D. EVD.

6EX 2-4 PAGE 4 - HAWTHORNE 99 99 --

7 POLICE DEPARTMENT TRAFFIC COLLISION

8 REPORT

9 EX 2-5 PAGE 5 - HAWTHORNE 117 117 -- POLICE DEPARTMENT

10 TRAFFIC COLLISION REPORT

11EX 2-6 PAGE 6 - HAWTHORNE 106 106 --

12 POLICE DEPARTMENT TRAFFIC COLLISION

13 REPORT

14 EX 13 VIDEO OF INCIDENT 126 126 --

15 EX 14 VIDEO OF INCIDENT 122 -- --

16 EX 15 ENHANCED VIDEO OF 125 -- -- INCIDENT

17EX 16 3D ANIMATION 216 -- --

18 OF COLLISION SEQUENCE

19EX 17 VIDEO OF ACCIDENT CLIP 121 124 --

20EX 25-3 PAGE 3 - POLICE 115 115 --

21 PHOTOGRAPHS

22 EX 25-4 PAGE 4 - POLICE 115 115 -- PHOTOGRAPHS

23EX 25-6 PAGE 6 - POLICE 115 115 --

24 PHOTOGRAPHS


26EX 25-15 PAGE 15 - POLICE 115 115 --

27 PHOTOGRAPHS

28 -- EXHIBITS CONTINUED ON NEXT PAGE --

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Personal Court Reporters, Inc.

1 M A S T E R I N D E X (CONTINUED)


3 --O0O--

4 EXHIBITS


6EX 25-19 PAGE 19 - POLICE 115 115 --

7 PHOTOGRAPHS


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3 --O0O--

4 EXHIBITS


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7 PHOTOGRAPHS


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3 --O0O--

4 EXHIBITS


6EX 25-95 PAGE 95 - POLICE 146 -- --

7 PHOTOGRAPHS


9EX 25-99 PAGE 99 - POLICE 140 -- --

10 PHOTOGRAPHS


12EX 25-101 PAGE 101 - POLICE 140 -- --

13 PHOTOGRAPHS


15EX 43-9 PAGE 9 PHOTOGRAPHS- 73 -- --

16 TORRANCE MEMORIAL HOSPITAL

17EX 51 POLICE PHOTOGRAPHS 130 -- --

18EX 67-1 PAGES 1 TO 16 - 201 -- --

19 TO DOCUMENT DESCRIBED ASEX 67-16 POWERPOINT PRESENTATION

20 OF RENE CASTANEDA'S OPINIONS AND FINDINGS

21EX 67-16-A BLOW-UP OF EXHIBIT 207 -- --

22 67-16

23 EX 67-17 PAGES 17 TO 44 - 174 174 --TO 67-44 DOCUMENT DESCRIBED AS

24 POWERPOINT PRESENTATION OF RENE CASTANEDA'S

25 OPINIONS AND FINDINGS

26

27

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Page 1 1 CASE NUMBER: BC653464

2 CASE NAME: LO, ET AL., V. CONSOLAZIO, ET AL

3 LOS ANGELES, CA FRIDAY, SEPTEMBER 21, 2018

4 DEPARTMENT 1 HON. CHARLES F PALMER, JUDGE

5 REPORTER: DAYNA HESTER, CSR NO. 9970

6 TIME: 8:47 A.M.

7

8 APPEARANCES:

9 REPRESENTING PLAINTIFFS: BRIAN J. PANISH, ATTORNEY AT LAW;

10 DANIEL W. DUNBAR, ATTORNEY AT LAW; ALEXANDER BEHAR, ATTORNEY

11 AT LAW; MATTHEW J. STUMPF, ATTORNEY AT LAW.

12 REPRESENTING DEFENDANTS: DANA A. FOX, ATTORNEY AT LAW; EDWARD

13 E. WARD, JR., ATTORNEY AT LAW; GLENN T. BARGER, ATTORNEY AT

14 LAW

15

16 --- OOO ---

17 (WHEREUPON THE FOLLOWING WAS HEARD IN

18 OPEN COURT OUTSIDE THE PRESENCE OF THE

19 JURY.)

20

21 THE COURT: OKAY. WE'RE BACK ON THE RECORD IN

22 BC653464, JASON LO, ET AL., VERSUS DOMINICK CONSOLAZIO,

23 ET AL.

24 APPEARANCES, PLEASE.

25 MR. PANISH: GOOD MORNING, YOUR HONOR.

26 BRIAN PANISH FOR PLAINTIFFS.

27 MR. DUNBAR: THANK YOU, YOUR HONOR.

28 DAN DUNBAR FOR PLAINTIFFS.

Page: 3 (6 - 2)


Page 2 1 MR. WARD, JR.: GOOD MORNING.

2 YOUR HONOR, EDWARD WARD, JR., ON BEHALF OF

3 DEFENDANT SO CAL GAS.

4 MR. FOX: GOOD MORNING, YOUR HONOR.

5 CO-COUNSEL WITH MR. WARD.

6 MR. BARGER: GOOD MORNING, YOUR HONOR.

7 GLENN BARGER ON BEHALF OF DOMINICK CONSOLAZIO.

8 THE COURT: COUNSEL, ANYTHING YOU WISH TO

9 ADDRESS?

10 MR. PANISH: NO, YOUR HONOR.

11 AND JUST ON THE UPDATE -- TO UPDATE YOU ON THE

12 BRIEFS THAT MR. WARD FILED, HIM AND I HAVE MET AND

13 CONFERRED, AND I AM NOT BRINGING ANYTHING UP AT THIS

14 TIME YET. BEFORE WE GET TO THAT, OBVIOUSLY, WE'LL NEED

15 TO ADDRESS THAT WITH THE COURT.

16 MR. WARD, JR.: AGREED, YOUR HONOR.

17 THE COURT: OKAY. SO NOBODY HAS ANYTHING?

18 MR. PANISH: WE ARE ALL GOOD.

19 YOU GOT THE INSTRUCTIONS UP THERE?

20 THE COURT: I FIGURED I WOULD JUST --

21 MR. PANISH: GO IN THE BOOK AND READ THEM?

22 THE COURT: -- GO AND TELL THEM WHAT I

23 REMEMBER.

24 (LAUGHTER ELICITED.)

25 MR. PANISH: ALL RIGHT.

26

27 (WHEREUPON A RECESS WAS TAKEN AT

28 8:48 A.M.)

Page 3 1 --OOO--

2 (BACK ON THE RECORD IN THE "JASON LO, ET

3 AL., VS. DOMINICK CONSOLAZIO, ET AL.,"

4 MATTER AT 9:10 A.M.)

5



8 JURY.)

9

10 THE COURT: PLEASE BE SEATED.

11 WE'RE BACK ON THE RECORD IN BC653464, JASON LO,

12 ET AL., VERSUS DOMINICK CONSOLAZIO, ET AL. THE COURT

13 OBSERVES ALL COUNSEL ARE PRESENT.

14 COUNSEL, ANYTHING ANYONE WISHES TO ADDRESS

15 BEFORE WE BRING THE JURORS AND ALTERNATES IN?


17 MR. FOX: NO, YOUR HONOR.

18 THE COURT: MS. FAUNE, WOULD YOU, PLEASE, BRING

19 THE JURORS AND ALTERNATES IN.

20 THE CLERK: YES, YOUR HONOR.

21


23 OPEN COURT WITHIN THE PRESENCE OF THE

24 JURY.)

25

26 JURY VOIR DIRE


28 MEMBERS OF THE JURY AND ALTERNATES, YOU NOW

Page 4 1 HAVE BEEN SWORN AS JURORS AND ALTERNATES IN THIS CASE.

2 I WANT TO IMPRESS ON YOU THE SERIOUSNESS AND IMPORTANCE

3 OF SERVING ON A JURY.

4 TRIAL BY JURY IS A FUNDAMENTAL RIGHT IN

5 CALIFORNIA. THE PARTIES HAVE A RIGHT TO A JURY THAT IS

6 SELECTED FAIRLY, THAT COMES TO THE CASE WITHOUT BIAS,

7 AND THAT WILL ATTEMPT TO REACH A VERDICT BASED ON THE

8 EVIDENCE PRESENTED.

9 BEFORE WE BEGIN, I NEED TO EXPLAIN HOW YOU MUST

10 CONDUCT YOURSELVES DURING THE TRIAL.

11 DO NOT ALLOW ANYTHING THAT HAPPENS OUTSIDE THIS

12 COURTROOM TO AFFECT YOUR DECISIONS. DURING THE TRIAL,

13 DO NOT TALK ABOUT THIS CASE OR ABOUT THE PEOPLE INVOLVED

14 IN IT WITH ANYONE, INCLUDING FAMILY AND PERSONS LIVING

15 IN YOUR HOUSEHOLD, FRIENDS AND CO-WORKERS, SPIRITUAL

16 LEADERS, ADVISOR, OR THERAPISTS.

17 YOU MAY SAY YOU ARE ON A JURY AND HOW LONG THE

18 TRIAL MAY TAKE, BUT THAT IS ALL. YOU MUST NOT EVEN TALK

19 ABOUT THE CASE WITH THE OTHER JURORS UNTIL AFTER I TELL

20 YOU THAT IT IS TIME FOR YOU TO DECIDE THE CASE.

21 THIS PROHIBITION IS NOT LIMITED TO FACE-TO-FACE

22 CONVERSATIONS. IT ALSO EXTENDS TO ALL FORMS OF

23 ELECTRONIC COMMUNICATION. DO NOT USE ANY ELECTRONIC

24 DEVICE OR MEDIA, SUCH AS A CELL PHONE, OR SMARTPHONE,

25 PDA, COMPUTER, THE INTERNET, ANY INTERNET SERVICE, ANY

26 TEXT OR INSTANT MESSAGING SERVICE, ANY INTERNET CHAT

27 ROOM BLOG OR WEBSITE, INCLUDING SOCIAL NETWORKING

28 WEBSITES, OR OTHER -- OR -- I'M SORRY, OR ONLINE DIARIES

Page 5 1 TO SEND OR RECEIVE ANY INFORMATION TO OR FROM ANYONE

2 ABOUT THIS CASE OR YOUR EXPERIENCES AS A JUROR UNTIL

3 AFTER YOU HAVE BEEN DISCHARGED FROM YOUR JURY DUTY.

4 DURING THE TRIAL, YOU MUST NOT LISTEN TO ANYONE

5 ELSE TALK ABOUT THE CASE OR THE PEOPLE INVOLVED IN THE

6 CASE. YOU MUST AVOID ANY CONTACT WITH THE PARTIES, THE

7 LAWYERS, THE WITNESSES, AND ANYONE ELSE WHO MAY HAVE A

8 CONNECTION TO THE CASE.

9 IF ANYONE TRIES TO TALK TO YOU ABOUT THIS CASE,

10 TELL THAT PERSON THAT YOU CANNOT DISCUSS IT BECAUSE YOU

11 ARE A JUROR.

12 IF HE OR SHE KEEPS TALKING TO YOU, SIMPLY WALK

13 AWAY AND REPORT THE INCIDENT TO THE COURT CLERK AS SOON

14 AS YOU CAN.

15 AFTER THE TRIAL IS OVER AND I HAVE RELEASED YOU

16 FROM JURY DUTY, YOU MAY DISCUSS THE CASE WITH ANYONE,

17 BUT YOU ARE NOT REQUIRED TO DO SO.

18 DURING THE TRIAL, DO NOT READ, LISTEN TO, OR

19 WATCH ANY NEWS REPORTS ABOUT THE CASE. I -- I HAVE NO

20 INFORMATION THAT THERE WILL BE NEWS REPORTS ABOUT THE

21 CASE.

22 THIS PROHIBITION EXTENDS TO THE USE OF THE

23 INTERNET IN ANY WAY, INCLUDING READING ANY BLOG ABOUT

24 THE CASE OR ABOUT ANYONE INVOLVED WITH IT.

25 IF YOU RECEIVE ANY INFORMATION ABOUT THIS CASE

26 FROM ANY SOURCE OUTSIDE THE COURTROOM, PROMPTLY REPORT

27 TO IT THE COURT CLERK. IT IS IMPORTANT THAT ALL JURORS

28 SEE AND HEAR THE SAME EVIDENCE AT THE SAME TIME.

Page: 4 (3 - 6)


Page 6 1 DO NOT DO ANY RESEARCH ON YOUR OWN OR AS A

2 GROUP.

3 DO NOT USE DICTIONARIES, THE INTERNET, OR OTHER

4 REFERENCE MATERIALS.

5 DO NOT INVESTIGATE THE CASE OR CONDUCT ANY

6 EXPERIMENTS.

7 DO NOT CONTACT ANYONE TO ASSIST YOU SUCH AS A

8 FAMILY ACCOUNTANT, DOCTOR, OR LAWYER.

9 DO NOT VISIT OR VIEW THE SCENE OF ANY EVENT

10 INVOLVED IN THIS CASE OR USE ANY INTERNET MAPS OR

11 MAPPING PROGRAMS OR ANY OTHER PROGRAMS OR DEVICE TO

12 SEARCH FOR OR TO VIEW ANY PLACE DISCUSSED IN THE

13 TESTIMONY. IF YOU HAPPEN TO PASS BY THE SCENE, DID NOT

14 STOP AND INVESTIGATE.

15 IF YOU DO NEED TO VIEW THE SCENE DURING THE

16 TRIAL, YOU'LL BE TAKEN THERE AS A GROUP UNDER PROPER

17 SUPERVISION.

18 IF YOU VIOLATE ANY OF THESE PROHIBITIONS ON

19 COMMUNICATIONS AND RESEARCH, INCLUDING PROHIBITIONS ON

20 ELECTRONIC COMMUNICATIONS AND RESEARCH, YOU MAY BE HELD

21 IN CONTEMPT OF COURT OR FACE OTHER SANCTIONS. THAT

22 MEANS THAT YOU MAY HAVE TO SERVE TIME IN JAIL, PAY A

23 FINE, OR FACE OTHER PUNISHMENT FOR THIS VIOLATION.

24 IT IS IMPORTANT THAT YOU KEEP AN OPEN MIND

25 THROUGHOUT THE TRIAL.

26 EVIDENCE CAN ONLY BE PRESENTED A PIECE AT A

27 TIME.

28 DO NOT FORM OR EXPRESS AN OPINION ABOUT THE

Page 7 1 CASE WHILE THE TRIAL IS GOING ON.

2 YOU MUST NOT DECIDE ON A VERDICT AFTER YOU HAVE

3 HEARD ALL THE EVIDENCE AND HAVE DISCUSSED IT THOROUGHLY

4 WITH YOUR FELLOW JURORS IN YOUR DELIBERATIONS.

5 DO NOT CONCERN YOURSELF WITH THE REASONS FOR

6 THE RULINGS I MAY MAKE DURING THE COURSE OF THE TRIAL.

7 DO NOT GUESS WHAT I MAY THINK YOUR VERDICT SHOULD BE

8 FROM ANYTHING I MIGHT SAY OR DO.

9 WHEN YOU BEGIN YOUR DELIBERATIONS, YOU MAY

10 DISCUSS THE CASE ONLY IN THE JURY ROOM AND WHEN ONLY --

11 ONLY WHEN ALL THE JURORS ARE PRESENT.

12 YOU MUST DECIDE WHAT THE FACTS ARE IN THIS

13 CASE. DO NOT LET BIAS, SYMPATHY, PREJUDICE, OR PUBLIC

14 OPINION INFLUENCE YOUR VERDICT.

15 AT THE END OF THE TRIAL, I WILL EXPLAIN THE LAW

16 THAT YOU MUST FOLLOW TO REACH YOUR VERDICT. YOU MUST

17 FOLLOW THE LAW AS I EXPLAIN IT TO YOU EVEN IF YOU DO NOT

18 AGREE WITH THE LAW.

19 TO ASSIST YOU IN YOUR TASKS AS JURORS, I WILL

20 NOW EXPLAIN HOW THE TRIAL WILL PROCEED. I WILL BEGIN BY

21 IDENTIFYING THE PARTIES TO THE CASE.

22 JASON LO AND NINA LO FILED THIS LAWSUIT. THEY

23 ARE CALLED PLAINTIFFS. THEY SEEK DAMAGES FROM DOMINICK

24 CONSOLAZIO AND SOUTHERN CALIFORNIA GAS COMPANY, WHO ARE

25 CALLED DEFENDANTS.

26 JASON LO AND NINA LO CLAIM DEFENDANT

27 DOMINICK CONSOLAZIO WAS NEGLIGENT AND THAT DEFENDANT --

28 AND THAT DOMINICK CONSOLAZIO AND SOUTHERN CALIFORNIA GAS

Page 8 1 COMPANY ARE RESPONSIBLE FOR THE HARM CAUSED BY -- EXCUSE

2 ME.

3 JASON LO AND NINA LO CLAIM DEFENDANT

4 DOMINICK CONSOLAZIO WAS NEGLIGENT AND THAT DOMINICK

5 CONSOLAZIO AND SOUTHERN CALIFORNIA GAS COMPANY ARE

6 RESPONSIBLE FOR THE HARM CAUSED TO JASON LO AND NINA LO

7 AS A RESULT OF A COLLISION THAT OCCURRED ON FEBRUARY 13,

8 2017.

9 DOMINICK CONSOLAZIO AND SOUTHERN CALIFORNIA GAS

10 COMPANY AGREE THAT DOMINICK CONSOLAZIO WAS NEGLIGENT AND

11 THAT HIS NEGLIGENCE CAUSED THE COLLISION OF FEBRUARY 13,

12 2017.

13 DOMINICK CONSOLAZIO AND SOUTHERN CALIFORNIA GAS

14 COMPANY DISPUTE THE NATURE AND EXTENT OF JASON LO AND

15 NINA LO'S DAMAGES.

16 JASON LO AND NINA LO ALSO CLAIM THAT DOMINICK

17 CONSOLAZIO'S CONDUCT JUSTIFIES AN AWARD OF PUNITIVE

18 DAMAGES AGAINST HIM.

19 FIRST, EACH SIDE MAY MAKE AN OPENING STATEMENT,

20 BUT NEITHER SIDE IS REQUIRED TO DO SO.

21 AN OPENING STATEMENT IS NOT EVIDENCE. IT IS

22 SIMPLY AN OUTLINE TO HELP YOU UNDERSTAND WHAT THAT PARTY

23 EXPECTS THE EVIDENCE WILL SHOW.

24 ALSO, BECAUSE IT IS OFTEN DIFFICULT TO GIVE YOU

25 THE EVIDENCE IN THE ORDER WE WOULD PREFER, THE OPENING

26 STATEMENT ALLOWS YOU TO KEEP AN OVERVIEW OF THE CASE IN

27 MIND DURING THE PRESENTATION OF THE EVIDENCE.

28 NEXT, THE JURY WILL HEAR THE EVIDENCE. JASON

Page 9 1 LO AND NINA LO WILL PRESENT EVIDENCE FIRST. WHEN JASON

2 LO AND NINA LO ARE FINISHED, DOMINICK CONSOLAZIO AND

3 SOUTHERN CALIFORNIA GAS COMPANY WILL HAVE AN OPPORTUNITY

4 TO PRESENT EVIDENCE.

5 EACH WITNESS WILL FIRST BE QUESTIONED BY THE

6 SIDE THAT ASKS THE WITNESS TO TESTIFY. THIS IS CALLED

7 DIRECT EXAMINATION.

8 THEN THE OTHER SIDE IS PERMITTED TO QUESTION

9 THE WITNESS. THIS IS CALLED CROSS-EXAMINATION.

10 DOCUMENTS OR OBJECTS REFERRED TO DURING THE

11 TRIAL ARE CALLED EXHIBITS. EXHIBITS ARE GIVEN A NUMBER

12 SO THAT THEY MAY BE CLEARLY IDENTIFIED. EXHIBITS ARE

13 NOT EVIDENCE UNTIL I ADMIT THEM INTO EVIDENCE.

14 DURING YOUR DELIBERATIONS YOU WILL BE ABLE TO

15 LOOK AT ALL EXHIBITS ADMITTED INTO EVIDENCE. THERE ARE

16 MANY RULES THAT GOVERN WHETHER SOMETHING WILL BE

17 ADMITTED INTO EVIDENCE.

18 AS ONE SIDE PRESENTS EVIDENCE, THE OTHER SIDE

19 HAS THE RIGHT TO OBJECT AND TO ASK ME TO DECIDE IF THE

20 EVIDENCE IS PERMITTED BY THE RULES. USUALLY I WILL

21 DECIDE IMMEDIATELY, BUT SOMETIMES I MAY HAVE TO HEAR

22 ARGUMENTS OUTSIDE OF YOUR PRESENCE.

23 AFTER THE EVIDENCE HAS BEEN PRESENTED, I WILL

24 INSTRUCT YOU ON THE LAW THAT APPLIES TO THE CASE AND THE

25 ATTORNEYS WILL MAKE CLOSING ARGUMENTS.

26 WHAT THE PARTIES SAY IN CLOSING ARGUMENTS IS

27 NOT EVIDENCE. THE ARGUMENTS ARE OFFERED TO HELP YOU

28 UNDERSTAND THE EVIDENCE AND HOW THE LAW APPLIES TO IT.

Page: 5 (7 - 10)


Page 10 1 YOU HAVE -- YOU HAVE BEEN OR WILL BE GIVEN

2 NOTEBOOKS AND MAY TAKE NOTES DURING THE TRIAL. DO NOT

3 TAKE THE NOTEBOOKS OUT OF THE COURTROOM OR JURY ROOM AT

4 ANY TIME DURING THE TRIAL. YOU MAY TAKE YOUR NOTES WITH

5 YOU -- INTO THE JURY ROOM DURING DELIBERATIONS.

6 YOU SHOULD USE YOUR NOTES ONLY TO REMIND

7 YOURSELF OF WHAT HAPPENED DURING THE TRIAL. DO NOT LET

8 YOUR NOTE-TAKING INTERFERE WITH YOUR ABILITY TO LISTEN

9 CAREFULLY TO ALL OF THE TESTIMONY AND TO WATCH THE

10 WITNESSES AS THEY TESTIFY, NOR SHOULD YOU ALLOW YOUR

11 IMPRESSION OF A WITNESS OR EVIDENCE TO BE INFLUENCED BY

12 WHETHER OR NOT OTHER JURORS ARE TAKING NOTES.

13 YOUR INDEPENDENT RECOLLECTION OF THE EVIDENCE

14 SHOULD GOVERN YOUR VERDICT. AND YOU SHOULD NOT ALLOW

15 YOURSELF TO BE INFLUENCED BY THE NOTES OF OTHER JURORS

16 IF THOSE NOTES DIFFER FROM WHAT YOU REMEMBER.

17 THE COURT REPORTER IS MAKING A RECORD OF

18 EVERYTHING THAT IS SAID. IF, DURING DELIBERATIONS, YOU

19 HAVE A QUESTION ABOUT WHAT THE WITNESS SAID, YOU SHOULD

20 ASK THAT THE COURT REPORTER'S RECORD BE READ TO YOU.

21 YOU MUST ACCEPT THE COURT REPORTER'S RECORD AS ACCURATE.

22 AT THE END OF THE TRIAL, YOUR NOTES WILL BE

23 COLLECTED AND DESTROYED.

24 THERE ARE TWO PLAINTIFFS IN THIS TRIAL: JASON

25 LO AND NINA LO. YOU SHOULD DECIDE THE CASE OF EACH

26 PLAINTIFF SEPARATELY AS IF IT WERE A SEPARATE LAWSUIT.

27 EACH PLAINTIFF IS ENTITLED TO SEPARATE CONSIDERATION OF

28 HIS OR HER CLAIM -- HER OWN CLAIM.

Page 11 1 THERE ARE TWO DEFENDANTS IN THIS TRIAL:

2 DOMINICK CONSOLAZIO AND SOUTHERN CALIFORNIA GAS COMPANY.

3 AN EMPLOYER IS RESPONSIBLE FOR THE HARM CAUSED

4 BY THE WRONGFUL CONDUCT OF ITS EMPLOYEES WHILE ACTING

5 WITHIN THE SCOPE OF THEIR EMPLOYMENT.

6 SOUTHERN CALIFORNIA GAS COMPANY HAS ADMITTED

7 THAT IT IS RESPONSIBLE FOR THE NEGLIGENCE OF DOMINICK

8 CONSOLAZIO IN THIS CASE.

9 DIFFERENT ASPECTS OF THIS CASE INVOLVE

10 DIFFERENT PARTIES, PLAINTIFFS AND DEFENDANTS. UNLESS I

11 TELL YOU OTHERWISE, ALL INSTRUCTIONS APPLY TO EACH

12 PLAINTIFF AND DEFENDANT.

13 YOU MUST NOT CONSIDER WHETHER ANY OF THE

14 PARTIES IN THIS CASE HAS INSURANCE. THE PRESENCE OR

15 ABSENCE OF INSURANCE IS TOTALLY IRRELEVANT. YOU MUST

16 DECIDE THIS CASE BASED ONLY ON THE LAW AND THE EVIDENCE.

17 YOU MUST DECIDE WHAT THE FACTS ARE IN THIS CASE

18 ONLY FROM THE EVIDENCE YOU SEE OR HEAR DURING THE TRIAL.

19 SWORN TESTIMONY, DOCUMENTS, OR ANYTHING ELSE MAY BE

20 SUBMITTED INTO EVIDENCE -- EXCUSE ME. SWORN TESTIMONY,

21 DOCUMENTS, OR ANYTHING ELSE MAY BE ADMITTED INTO

22 EVIDENCE.

23 YOU MAY NOT CONSIDER AS EVIDENCE ANYTHING YOU

24 SEE OR HEAR WHEN COURT IS NOT IN SESSION, EVEN SOMETHING

25 DONE BY ONE OF THE PARTIES, ATTORNEYS, OR WITNESSES.

26 WHEN THE -- WHAT THE ATTORNEYS SAY DURING THE

27 TRIAL IS NOT EVIDENCE. IN THEIR OPENING STATEMENTS AND

28 CLOSING ARGUMENTS, THE ATTORNEYS WILL TALK ABOUT THE LAW

Page 12 1 AND THE EVIDENCE. WHAT THE LAWYERS SAY MAY HELP YOU

2 UNDERSTAND THE LAW AND THE EVIDENCE, BUT THEIR

3 STATEMENTS AND ARGUMENTS ARE NOT EVIDENCE.

4 THE ATTORNEYS' QUESTIONS ARE NOT EVIDENCE.

5 ONLY THE WITNESSES' ANSWERS ARE EVIDENCE.

6 YOU SHOULD NOT THINK THAT SOMETHING IS TRUE

7 JUST BECAUSE AN ATTORNEY'S QUESTION SUGGESTS THAT IT IS

8 TRUE. HOWEVER, THE ATTORNEYS FOR BOTH SIDES CAN AGREE

9 THAT CERTAIN FACTS ARE TRUE. THIS AGREEMENT IS CALLED A

10 STIPULATION; NO OTHER PROOF IS NEEDED, AND YOU MUST

11 ACCEPT THAT THOSE FACTS AS TRUE IN THIS CASE.

12 EACH SIDE HAS THE RIGHT TO OBJECT TO EVIDENCE

13 OFFERED BY THE OTHER SIDE.

14 IF I DO NOT AGREE WITH THE OBJECTION, I WILL

15 SAY IT IS OVERRULED. IF I OVERRULE AN OBJECTION, THE

16 WITNESS WILL ANSWER, AND YOU MAY CONSIDER THE EVIDENCE.

17 IF I AGREE WITH THE OBJECTION, I WILL SAY IT IS

18 SUSTAINED. IF I SUSTAIN AN OBJECTION, YOU MUST IGNORE

19 THE QUESTION.

20 IF THE WITNESS DID NOT ANSWER, YOU MUST NOT

21 GUESS WHAT HE OR SHE MIGHT HAVE SAID OR WHY I SUSTAINED

22 THE OBJECTION. IF THE WITNESS HAS ALREADY ANSWERED, YOU

23 MUST IGNORE THE ANSWER.

24 AN ATTORNEY MAY MAKE A MOTION TO STRIKE

25 TESTIMONY THAT YOU HAVE HEARD. IF I GRANT THE MOTION,

26 YOU MUST TOTALLY DISREGARD THAT TESTIMONY. YOU MUST

27 TREAT IT AS THOUGH IT DID NOT EXIST.

28 A WITNESS IS A PERSON WHO HAS KNOWLEDGE RELATED

Page 13 1 TO THIS CASE. YOU WILL HAVE TO DECIDE WHETHER YOU

2 BELIEVE EACH WITNESS AND HOW IMPORTANT EACH WITNESS'S

3 TESTIMONY IS TO THE CASE.

4 YOU MAY BELIEVE ALL, PART, OR NONE OF A

5 WITNESS'S TESTIMONY. IN DECIDING WHETHER TO BELIEVE A

6 WITNESS'S TESTIMONY, YOU MAY CONSIDER, AMONG OTHER FACTS

7 THE FOLLOWING:

8 HOW WELL DID THE WITNESS SEE, HEAR, OR

9 OTHERWISE SENSE WHAT HE OR SHE TESTIFIED -- I'M SORRY,

10 WHAT SHE -- HE OR SHE DESCRIBED IN COURT?

11 HOW WELL DID THE WITNESS REMEMBER AND DESCRIBE

12 WHAT HAPPENED?

13 HOW DID THE WITNESS LOOK, ACT, AND SPEAK WHILE

14 TESTIFYING?

15 DID THE WITNESS HAVE ANY REASON TO SAY

16 SOMETHING THAT WAS NOT TRUE?

17 FOR EXAMPLE, DID THE WITNESS SHOW ANY BIAS OR

18 PREJUDICE OR HAVE A PERSONAL RELATIONSHIP WITH ANY OF

19 THE PARTIES INVOLVED IN THE CASE OR HAVE A PERSONAL

20 STAKE IN HOW THE CASE IS DECIDED?

21 WHAT WAS THE WITNESS'S ATTITUDE TOWARD THE CASE

22 OR ABOUT GIVING TESTIMONY?

23 SOMETIMES A WITNESS MAY SAY SOMETHING THAT IS

24 NOT CONSISTENT WITH SOMETHING ELSE HE OR SHE SAID.

25 SOMETIMES DIFFERENT WITNESSES WILL GIVE DIFFERENT

26 VERSIONS OF WHAT HAPPENED.

27 PEOPLE OFTEN FORGET THINGS OR MAKE MISTAKES IN

28 WHAT THEY REMEMBER. ALSO, TWO PEOPLE MAY SEE THE SAME

Page: 6 (11 - 14)


Page 14 1 EVENT BUT REMEMBER IT DIFFERENTLY.

2 YOU MAY CONSIDER THESE DIFFERENCES BUT DO NOT

3 DECIDE THAT TESTIMONY IS UNTRUE JUST BECAUSE IT DIFFERS

4 FROM OTHER TESTIMONY.

5 HOWEVER, IF YOU DECIDE THAT A WITNESS DID NOT

6 TELL THE TRUTH ABOUT SOMETHING IMPORTANT, YOU MAY CHOOSE

7 NOT TO BELIEVE ANYTHING THAT WITNESS SAID.

8 ON THE OTHER HAND, IF YOU THINK THE WITNESS DID

9 NOT TELL THE TRUTH ABOUT SOME THINGS BUT TOLD THE TRUTH

10 ABOUT OTHERS, YOU MAY -- YOU MAY ACCEPT THE PART YOU

11 THINK IS TRUE AND IGNORE THE REST.

12 DO NOT MAKE ANY DECISIONS SIMPLY BECAUSE THERE

13 WERE MORE WITNESSES ON ONE SIDE THAN ON THE OTHER. IF

14 YOU BELIEVE IT IS TRUE, THE TESTIMONY OF A SINGLE

15 WITNESS IS ENOUGH TO PROVE A FACT.

16 AS FOR THE ALTERNATE JURORS, YOU ARE BOUND BY

17 THE SAME RULES THAT GOVERN THE CONDUCT OF THE JURORS WHO

18 ARE SITTING ON THE PANEL. YOU WILL OBSERVE THE SAME

19 TRIAL AND SHOULD PAY ATTENTION TO ALL OF MY INSTRUCTIONS

20 JUST AS IF YOU WERE SITTING ON THE PANEL.

21 SOMETIMES A JUROR NEEDS TO BE EXCUSED DURING A

22 TRIAL FOR ILLNESS OR SOME OTHER REASON. IF THAT

23 HAPPENS, AN ALTERNATE WILL BE SELECTED TO TAKE THAT

24 JUROR'S PLACE.

25 IF DURING THE TRIAL YOU HAVE -- YOU HAVE A

26 QUESTION THAT YOU BELIEVE SHOULD BE ASKED OF A WITNESS,

27 YOU MAY WRITE OUT THE QUESTION, AND SEND IT TO ME

28 THROUGH MY COURT CLERK, MS. FAUNE. I WILL SHARE YOUR

Page 15 1 QUESTION WITH THE ATTORNEYS AND DECIDE WHETHER IT MAY BE

2 ASKED.

3 DO NOT FEEL DISAPPOINTED IF YOUR QUESTION IS

4 NOT ASKED. YOUR QUESTION MAY NOT BE ASKED FOR A VARIETY

5 OF REASONS.

6 FOR EXAMPLE, THE QUESTION MAY CALL FOR AN

7 ANSWER THAT IS NOT ALLOWED UNDER THE -- EXCUSE ME.

8 FOR EXAMPLE, THE QUESTION MAY CALL FOR AN

9 ANSWER THAT IS NOT ALLOWED FOR LEGAL REASONS.

10 ALSO, YOU SHOULD NOT TRY TO GUESS THE REASON

11 WHY A QUESTION IS NOT ASKED OR SPECULATE ABOUT WHAT THE

12 ANSWER MIGHT HAVE BEEN.

13 BECAUSE THE DECISION TO -- EXCUSE ME.

14 BECAUSE THE DECISION WHETHER TO ALLOW THE

15 QUESTION --

16 BECAUSE THE DECISION WHETHER TO ALLOW THE

17 QUESTION IS MINE ALONE, DO NOT HOLD IT AGAINST ANY OF

18 THE ATTORNEYS OR THEIR CLIENTS IF YOUR QUESTION IS NOT

19 ASKED.

20 REMEMBER THAT YOU ARE NOT AN ADVOCATE FOR ONE

21 SIDE OR THE OTHER. EACH OF YOU IS AN IMPARTIAL JUDGE OF

22 THE FACTS. YOUR QUESTIONS SHOULD BE POSED IN AS NEUTRAL

23 OF A FASHION AS POSSIBLE.

24 DO NOT DISCUSS ANY QUESTION ASKED BY ANY JUROR

25 WITH ANY OTHER JUROR UNTIL AFTER DELIBERATIONS BEGIN.

26 EACH ONE OF US HAS BIASES ABOUT OR CERTAIN

27 PERCEPTIONS OR STEREOTYPES OF OTHER PEOPLE. WE MAY BE

28 AWARE OF SOME OF OUR BIASES, ALTHOUGH WE MAY NOT SHARE

Page 16 1 THEM WITH OTHERS. WE MAY NOT BE FULLY AWARE OF SOME OF

2 OUR OTHER BIASES.

3 OUR BIASES OFTEN AFFECT HOW WE ACT, FAVORABLY

4 OR UNFAVORABLY, TOWARDS SOMEONE. BIAS CAN AFFECT OUR

5 THOUGHTS, HOW WE REMEMBER WHAT WE SEE AND HEAR, WHOM WE

6 BELIEVE OR DISBELIEVE, AND HOW WE MAKE IMPORTANT

7 DECISIONS.

8 AS JURORS, YOU ARE BEING ASKED TO MAKE VERY

9 IMPORTANT DECISIONS IN THIS CASE. YOU MUST NOT LET

10 BIAS, PREJUDICE, OR PUBLIC OPINION INFLUENCE YOUR

11 DECISION.

12 YOU MUST NOT BE BIASED IN FAVOR OF OR AGAINST

13 ANY WITNESS BECAUSE OF HIS OR HER DISABILITY, GENDER,

14 RACE, ETHNICITY, OR SOCIOECONOMIC STATUS. YOUR VERDICT

15 MUST BE BASED SOLELY ON THE EVIDENCE PRESENTED.

16 YOU MAY -- YOU MUST CAREFULLY EVALUATE THE

17 EVIDENCE AND RESIST ANY URGE TO REACH A VERDICT THAT IS

18 INFLUENCED BY BIAS FOR OR AGAINST ANY PARTY OR WITNESS.

19 FROM TIME TO TIME DURING THE TRIAL, IT MAY

20 BECOME NECESSARY FOR ME TO TALK WITH THE ATTORNEYS OUT

21 OF THE HEARING OF THE JURY, EITHER BY HAVING A

22 CONFERENCE AT THE BENCH WHEN THE JURY IS PRESENT IN THE

23 COURTROOM OR BY CALLING A RECESS TO DISCUSS THE MATTER

24 OUTSIDE OF YOUR PRESENCE.

25 THE PURPOSE OF THESE CONFERENCES IS NOT TO KEEP

26 RELEVANT INFORMATION FROM YOU, BUT TO DECIDE HOW CERTAIN

27 EVIDENCE IS TO BE TREATED UNDER THE RESULTS OF EVIDENCE.

28 DO NOT BE CONCERNED ABOUT OUR DISCUSSIONS OR TRY TO

Page 17 1 GUESS WHAT IS BEING SAID.

2 I MAY NOT ALWAYS GRANT AN ATTORNEY'S REQUEST

3 FOR A CONFERENCE. DO NOT CONSIDER MY GRANTING OR

4 DENYING A REQUEST FOR A CONFERENCE AS ANY INDICATION OF

5 MY OPINION OF THE CASE OR OF THE EVIDENCE.

6 I KNOW MANY OF US ARE USED TO COMMUNICATING

7 AND, PERHAPS, EVEN LEARNING BY ELECTRONIC COMMUNICATIONS

8 AND RESEARCH. HOWEVER, THERE ARE GOOD REASONS WHY YOU

9 MUST NOT ELECTRONICALLY COMMUNICATE OR DO ANY RESEARCH

10 ON ANYTHING HAVING TO DO WITH THE TRIAL OR THE PARTIES.

11 IN COURT, JURORS MUST MAKE IMPORTANT DECISIONS

12 THAT HAVE CONSEQUENCES FOR THE PARTIES. THOSE DECISIONS

13 MUST BE BASED ONLY ON THE EVIDENCE THAT YOU HEAR IN THIS

14 COURTROOM. THE EVIDENCE THAT IS PRESENTED IN COURT CAN

15 BE TESTED. IT CAN BE SHOWN TO BE RIGHT OR WRONG BY

16 EITHER SIDE, IT CAN BE QUESTIONED, AND IT CAN BE

17 CONTRADICTED BY OTHER EVIDENCE.

18 WHAT YOU MIGHT READ OR HEAR ON YOUR OWN COULD

19 EASILY BE WRONG, OUT OF DATE, OR INAPPLICABLE TO THIS

20 CASE. THE PARTIES CAN RECEIVE A FAIR TRIAL ONLY IF THE

21 FACTS AND INFORMATION ON WHICH YOU BASE YOUR DECISIONS

22 ARE PRESENTED TO YOU AS A GROUP, WITH EACH JUROR HAVING

23 THE SAME OPPORTUNITY TO SEE, HEAR, AND EVALUATE THE

24 EVIDENCE.

25 ALSO, A TRIAL IS A PUBLIC PROCESS THAT DEPENDS

26 ON DISCLOSURES IN THE COURTROOM OF FACTS AND EVIDENCE.

27 USING INFORMATION GATHERED IN SECRET BY ONE OR MORE

28 JURORS UNDERMINES THE PUBLIC PROCESS AND VIOLATES THE

Page: 7 (15 - 18)


Page 18 1 RIGHTS OF THE PARTIES.

2 IN REACHING A VERDICT, YOU MAY NOT CONSIDER THE

3 WEALTH OR POVERTY OF ANY PARTY. THE PARTY'S WEALTH OR

4 POVERTY IS NOT RELEVANT TO ANY OF THE ISSUES THAT YOU

5 MUST DECIDE.

6 AT THIS TIME, THE LAWYERS WILL BE PERMITTED TO

7 MAKE AN OPENING STATEMENT IF THEY CHOOSE TO DO SO.

8 NEITHER SIDE IS REQUIRED TO MAKE AN OPENING STATEMENT.

9 AN OPENING STATEMENT IS NOT EVIDENCE, NEITHER IS IT AN

10 ARGUMENT. COUNSEL ARE NOT PERMITTED TO ARGUE THE CASE

11 AT THIS POINT IN THE PROCEEDINGS.

12 AN OPENING STATEMENT IS SIMPLY AN OUTLINE BY

13 COUNSEL OF WHAT HE BELIEVES OR EXPECTS THE EVIDENCE WILL

14 SHOW -- WILL SHOW IN THIS TRIAL. THE SOLE -- ITS SOLE

15 PURPOSE IS TO ASSIST YOU IN UNDERSTANDING THE CASE AS IT

16 IS PRESENTED TO YOU.

17 IN HIS OPENING STATEMENT, PLAINTIFFS' COUNSEL

18 MAY REFER TO WHAT HE BELIEVES THE EVIDENCE WILL SHOW

19 REGARDING A SEIZURE MR. CONSOLAZIO MAY HAVE HAD AT WORK.

20 HIS COMMENTS AND THE EVIDENCE, IF ADMITTED, MAY ONLY BE

21 CONSIDERED BY YOU REGARDING THE PLAINTIFFS' CLAIM

22 AGAINST MR. CONSOLAZIO THAT MR. CONSOLAZIO ACTED WITH

23 MALICE, OPPRESSION, OR FRAUD.

24 IT MAY NOT BE OR CONSIDERED BY YOU FOR ANY

25 OTHER PURPOSE, INCLUDING THE AMOUNT OF FAIR AND

26 REASONABLE DAMAGES TO COMPENSATE THE PLAINTIFFS FOR

27 THEIR INJURIES.

28 MR. PANISH, DOES THE PLAINTIFF WISH TO MAKE AN

Page 19 1 OPENING STATEMENT AT THIS TIME?

2 MR. PANISH: WE DO, YOUR HONOR.

3 THE COURT: YOU MAY PROCEED.

4 MR. PANISH: THANK YOU.

5

6 OPENING STATEMENT

7 --OOO--

8 MR. PANISH: GOOD MORNING.

9 ALL PRESENT: MORNING.

10 MR. PANISH: AS HIS HONOR SAID, THIS IS A

11 PREVIEW OF THE EVIDENCE. I'M NOT GOING TO BE TALKING

12 ABOUT MONEY AND THINGS LIKE THAT, BUT WE'RE LIMITED ON

13 THE AMOUNT OF EXHIBITS AND PHOTOGRAPHS WE CAN SHOW IN

14 THE OPENING STATEMENT BECAUSE IT'S JUST AN OVERVIEW.

15 AND THEN THERE'S GOING TO BE PLENTY MORE, AND WE'RE

16 GOING TO BRING IT FORTH IN THE TRIAL AND PROVE WHAT WE

17 SAID WE ARE GOING TO PROVE. SO LET ME GIVE YOU JUST A

18 PREVIEW OF WHAT YOU ARE GOING TO SEE IN THIS CASE.

19 ALL RIGHT. FIRST OF ALL, A DRIVER OF A TRUCK

20 HAS AN OBLIGATION AND A DUTY TO NOT ENDANGER OTHERS ON

21 THE ROADWAY.

22 MR. FOX: THIS IS ARGUMENT: "DUTY."

23 THE COURT: SUSTAINED.

24 MR. PANISH: FEBRUARY 13, 2017 --

25 THE COURT: I'M SORRY.

26 THE JURY IS DIRECTED TO DISREGARD THAT FIRST

27 COMMENT BY MR. PANISH.

28 PROCEED, MR. PANISH.

Page 20 1 MR. PANISH: OKAY.

2 SO HERE, WE HAVE AN OVERVIEW OF THE SCENE

3 [ATTORNEY INDICATES MONITOR]. YOU'LL SEE, AND I'M GOING

4 TO SHOW YOU, THE VIDEOS OF WHAT ACTUALLY HAPPENED.

5 YOU ARE GOING TO SEE WHERE THE INITIAL IMPACT

6 IS, AND THEN YOU ARE GOING TO SEE THE DRAGGING FOR MORE

7 THAN A FOOTBALL FIELD AND A HALF. AND I AM GOING TO GO

8 SLOW AND LET YOU SEE WHAT HAPPENED.

9 THERE'S WHERE THE FIRST IMPACT OCCURRED AT

10 APPROXIMATELY A LITTLE MORE THAN 27 MILES AN HOUR. NO

11 EVIDENCE OF BRAKING. APPROXIMATELY 2,000 POUNDS WERE

12 APPLIED ON THE FEMUR OF MR. LO, 4,000 POUNDS TO HIS

13 BODY. HE WAS THRUST INTO THE VEHICLE IN FRONT OF HIM,

14 WAS THROWN UNDERNEATH THE TRUCK, AND YOU ARE GOING TO

15 SEE THIS RIGHT NOW.

16 YOU ARE ALSO GOING TO SEE THAT THERE'S A MEDIAN

17 BARRIER, AS YOU APPROACH THE INTERSECTION, THAT

18 MR. CONSOLAZIO WOULD HAVE HAD TO CHANGE LANES TO TO GET

19 INTO THE INTERSECTION TO MAKE A LEFT TURN.

20 THIS IS A ROUTE THAT HE COMMONLY TOOK ON HIS

21 WAY TO THE JOB SITE IN SAN PEDRO. HE LIVED IN

22 HAWTHORNE, INGLEWOOD.

23 HE WOULD GO DOWN ROSECRANS, TURN ON HINDRY, AND

24 GO DOWN AND GET ON THE FREEWAY SOUTH IN SAN PEDRO. AND

25 THAT'S WHAT HAPPENED.

26 SO THIS IS THE WHOLE WAY THAT MR. LO WAS

27 DRUGGED UNDER THE VEHICLE [ATTORNEY INDICATES MONITOR].

28 YOU ARE GOING TO SEE IT. THIS ISN'T ME SAYING IT; THIS

Page 21 1 IS WHAT THE EVIDENCE IS GOING TO PROVE.

2 OKAY. THIS IS IN THE GAS -- THESE ARE VIDEO

3 CAMERAS FROM THE GAS STATION, THE RED LIGHT, AND ANOTHER

4 STORE THAT THE POLICE, AS PART OF THEIR INVESTIGATION,

5 THE HAWTHORNE POLICE DEPARTMENT, OBTAINED BY SEARCH

6 WARRANT. OKAY?

7 SO YOU SEE MR. LO IN THE WHITE CIRCLE. HE IS

8 STOPPED, AND THERE'S A CAR IN FRONT OF HIM. AND HE HAS

9 BEEN STOPPED APPROXIMATELY 20-PLUS SECONDS. THAT'S A

10 HARLEY-DAVIDSON HE COMMONLY RODE. HE WAS HEADED TO THE

11 AIR FORCE BASE IN EL SEGUNDO, THE ROUTE HE TOOK EVERY

12 DAY.

13 AND YOU ARE GOING TO SEE HE WAS WEARING A

14 DOT-APPROVED HELMET, A YELLOW VEST, AND ALL THE

15 APPROPRIATE EQUIPMENT, GLOVES AND SUCH, DOING NOTHING

16 WRONG.

17 AND HERE, YOU ARE SEEING GOING TO SEE

18 MR. CONSOLAZIO.

19 (VIDEO PLAYED.)

20 MR. PANISH: IT'S GOING TO COME FAST. SO HE'S

21 IN THE BLACK.

22 (VIDEO CONTINUED PLAYING.)

23 MR. PANISH: YOU ARE GOING TO SEE MR. LO THROWN

24 FORWARD WITHOUT WARNING.

25 (VIDEO PLAYED.)

26 MR. PANISH: THAT'S THE INITIAL IMPACT WITHOUT

27 WARNING. HE IS UNDER THE TRUCK NOW.

28 MR. LO WAS ASKED, "WERE YOU WORRIED YOU WERE

Page: 8 (19 - 22)


Page 22 1 GOING TO DIE?"

2 MR. LO SAID, "I WAS WORRIED ABOUT HOW AM I

3 GOING TO SURVIVE."

4 AND HE HAD TRAINING, AND HE TRIED TO DO ALL HE

5 COULD TO CLIMB OUT FROM UNDERNEATH THE TRUCK WHERE HE

6 WAS TRAPPED BETWEEN HIS MOTORCYCLES AND HIS LEGS, BUT HE

7 WAS UNABLE TO GET OUT.

8 AND THEN, AFTER 22 SECONDS, YOU ARE GOING TO

9 SEE MR. CONSOLAZIO WAITS FOR TRAFFIC COMING THE OTHER

10 WAY. REMEMBER, HE'S MAKING A LEFT TURN, AND HE WAITS

11 UNTIL ALL THE TRAFFIC GOES, MR. LO IS TRYING TO GET OUT,

12 AND HE TAKES OFF. YOU'LL SEE THAT.

13 THIS IS FROM ANOTHER ANGLE. NOW, THERE HE IS.

14 WATCH HIM STOP [ATTORNEY INDICATES MONITOR]. CARS GOING

15 BY. CAN'T MAKE THE LEFT.

16 OKAY. NOW, WATCH.

17 (VIDEO PLAYED.)

18 MR. PANISH: YOU STILL -- YOU CAN SEE HIM

19 TRYING TO GET OUT.

20 (VIDEO CONTINUED PLAYING.)

21 MR. PANISH: HE'S TRYING TO GET OUT, AND HE

22 TAKES OFF.

23 (VIDEO CONCLUDED.)

24 MR. PANISH: AND FOR ABOUT 32 SECONDS HE IS

25 DRAGGED UNDERNEATH THAT VEHICLE, RIPPING THE SKIN OFF

26 HIS LEG, TAKING BONE OFF AND LEAVING IT IN THE STREET.

27 AND HIS LEG WASN'T JUST OPEN A LITTLE BIT, AND YOU ARE

28 GOING TO SEE.

Page 23 1 THIS IS ANOTHER VIEW FROM ANOTHER CAMERA.

2 (VIDEO PLAYED.)

3 MR. PANISH: SO HE CONTINUED -- THIS DRIVER

4 HERE IS TRYING TO DO SOMETHING. PEOPLE SEE WHAT IS

5 GOING ON.

6 YOU SEE THIS MAN HERE [ATTORNEY INDICATES].

7 TRYING TO GET OVER THERE.

8 PEOPLE SEE WHAT IS GOING ON. MOTORISTS ARE

9 STOPPING. TRYING TO GET HIS ATTENTION.

10 (VIDEO COMPLETED.)

11 MR. PANISH: AND HERE IS ANOTHER ANGLE AS HE

12 CONTINUES TO BE DRAGGED.

13 (VIDEO PLAYED.)

14 MR. PANISH: FOR 32 SECONDS. LEAVING A TRAIL

15 OF BLOOD FROM THE INITIAL IMPACT UNTIL MR. CONSOLAZIO

16 EVENTUALLY WAS STOPPED, AND YOU'LL SEE THE EVIDENCE.

17 AND YOU'LL SEE THE BONE, AND YOU'LL SEE THE BLOOD. THE

18 WHOLE WAY.

19 AND THERE'S MR. LO. AND THERE'S A WITNESS THAT

20 IS GOING TO COME TESTIFY WHO IS TRYING TO HELP HIM.

21 THERE YOU SEE HE HAS GOT THE YELLOW VEST. HIS

22 GLOVES HAVE BEEN DRAGGED OFF HIM. YOU WILL SEE WHERE

23 THEY WERE FOUND. HE IS STILL UNDERNEATH THE TRUCK.


25 MR. PANISH: EVENTUALLY THEY HAVE TO BRING A

26 LIFT TO RAISE THE TRUCK TO GET HIM OUT WHILE HE IS

27 WAITING UNDER THERE. AND HE IS IN SERIOUS, SERIOUS

28 PAIN. AND THE WITNESSES WILL TELL YOU THAT -- ABOUT

Page 24 1 THAT.

2 AND LOOK AT HERE IS A VIDEO FROM THE SCENE

3 TAKEN BY A WITNESS.

4 (VIDEO PLAYED.)

5 MR. PANISH: THERE'S HIS CAMO GEAR. ONE OF THE

6 GLOVES. WITNESSES TRYING TO COMFORT HIM. HE IS IN

7 SERIOUS PAIN. HE CAN'T GET OUT. THERE'S SOME OF THE

8 TRAIL OF THE BLOOD.

9 AND MANY PEOPLE THAT WERE THERE CAME TO TRY TO

10 HELP MR. LO.


12 MR. PANISH: MR. CONSOLAZIO REMAINED IN HIS

13 TRUCK; DIDN'T GET OUT. STAYED THERE AS MR. LO LAID

14 UNDER HIS TRUCK.

15 AND THEN THE POLICE EVENTUALLY KNOCKED ON HIS

16 WINDOW. TOOK HIM OUT OF THE TRUCK TO THE SIDE OF THE

17 ROAD. NEVER ONCE DID HE TRY TO HELP MR. LO.

18 SO WHO ARE THE PEOPLE IN THIS LAWSUIT?

19 FIRST ARE THE PLAINTIFFS, THE PEOPLE BRINGING

20 THE CASE. THAT'S CAPTAIN JASON LO. LET ME TELL YOU A

21 LITTLE BIT ABOUT CAPTAIN LO.

22 FIRST OF ALL, HE IS NOW 32 YEARS OLD. HE WENT

23 TO THE AIR FORCE ACADEMY.

24 LET ME TELL YOU A LITTLE BIT ABOUT THE AIR

25 FORCE ACADEMY. TO GO TO THE AIR FORCE ACADEMY, IT'S NOT

26 LIKE A REGULAR SCHOOL. FIRST YOU HAVE TO PUT IN YOUR

27 APPLICATION, AND ABOUT 10 PERCENT OF THE PEOPLE THAT

28 APPLY, MAYBE 11 ARE ACCEPTED.

Page 25 1 THEN YOU HAVE TO GET AN APPOINTMENT FROM A

2 U.S. SENATOR OR A CONGRESSMAN. AND THEY TRY TO SPREAD

3 IT OUT THROUGHOUT THE WHOLE UNITED STATES.

4 AND WHILE YOU ARE IN THE AIR FORCE ACADEMY,

5 IT'S VERY COMPETITIVE TO GET IN. AND THE CORE VALUES,

6 YOU WILL HEAR, OF THE AIR FORCE ACADEMY ARE INTEGRITY

7 FIRST, SERVICE BEFORE SELF, AND "EXCELLENCE IN ALL WE

8 DO."

9 AND THE EVIDENCE WILL SHOW THAT CAPTAIN

10 JASON LO EXEMPLIFIED THOSE CORE VALUES.

11 ALSO WHAT IS IMPORTANT IN THIS CASE ARE THE

12 FOUR PILLARS OF EXCELLENCE THAT ALL ACADEMY GRADUATES

13 WHO BECOME OFFICERS ARE TRAINED IN, AND YOU'LL HEAR

14 ABOUT THIS. THERE ARE FOUR IMPORTANT THINGS:

15 NUMBER ONE, MILITARY TRAINING.

16 NUMBER TWO, ACADEMICS.

17 NUMBER THREE, ATHLETICS.

18 AND NUMBER FIVE, CHARACTER DEVELOPMENT.

19 AND WHY IS ATHLETICS SO IMPORTANT? BECAUSE AT

20 THE ACADEMY, IT'S REQUIRED THAT ALL CADETS NOT ONLY TAKE

21 PHYSICAL FITNESS CLASSES BUT THAT THEY COMPETE IN

22 COMPETITIVE INTRAMURALS OR INTERSCHOLASTIC OR

23 INTERCOLLEGIATE ATHLETICS, AND THEY PARTICIPATE IN

24 FITNESS TRAINING.

25 WHAT THEY DO AT THE AIR FORCE ACADEMY -- THE

26 REASON THEY DO THIS IS BECAUSE THEY NEED TO DEVELOP

27 PHYSICAL SKILLS TO BE AN OFFICER TO TEACH LEADERSHIP IN

28 COMPETITIVE ENVIRONMENTS AND TO BUILD CHARACTER.

Page: 9 (23 - 26)


Page 26 1 AND THAT'S WHY YOU ARE GOING TO HEAR ALL OF

2 THIS ACTIVE LIFESTYLE, SPORTS THAT MR. LO NEVER WILL

3 HAVE AGAIN. THAT WERE TAKEN AWAY. WHY THAT WAS SO

4 IMPORTANT TO HIS CORE, TO HIS BEING, TO THE PERSON THAT

5 HE WAS AFTER SPENDING FOUR YEARS IN THE AIR FORCE

6 ACADEMY.

7 THE COURT: COUNSEL, THIS IS -- MOVING TOWARDS

8 ARGUMENT, PLEASE.

9 MR. PANISH: WELL, YOU ARE GOING TO HEAR -- THE

10 EVIDENCE IS GOING TO SHOW THAT HE BECAME A CAPTAIN, AND

11 HE SERVED TWO TOURS IN MIDDLE EAST, ONE IN AFGHANISTAN.

12 THIS IS WHAT HE LOOKED LIKE BEFORE [ATTORNEY

13 INDICATES MONITOR]. HE WAS IN GREAT PHYSICAL SHAPE. HE

14 WORKED OUT NEARLY EVERY DAY. HE HAD A GREAT LIFE.

15 THINGS WERE GOING VERY WELL FOR MR. LO.

16 THIS IS ONE OF THE TEAMS ON THE BASE. THEY

17 HAVE INTRAMURAL ATHLETICS AMONG ALL THE PEOPLE WORKING

18 THERE. THIS IS HIS FOOTBALL TEAM. WON THE

19 CHAMPIONSHIP. HE WAS VERY HAPPY. THIS IS A PHOTOGRAPH

20 ABOUT SIX MONTHS BEFORE.

21 THIS IS HIS BACHELOR'S PARTY. [ATTORNEY

22 INDICATES MONITOR]. HE DIDN'T GO TO LAS VEGAS. WE WENT

23 TO UTAH AND HIKED WITH HIS FRIENDS.

24 AND YOU CAN SEE THEY ARE ALL IN SHAPE, ATHLETIC

25 BACKGROUNDS. IMPORTANT TO ALL OF THEM.

26 THIS IS HIS WIFE NINA LO. [ATTORNEY INDICATES

27 MONITOR]. NINA IS 27 YEARS OLD, WENT TO THE PARSONS

28 DESIGN SCHOOL IN NEW YORK, WAS WORKING AT THE TIME. AND

Page 27 1 SHE MET JASON AT CHURCH.

2 INTERESTING, THE EVIDENCE WILL SHOW THAT THIS

3 IS A CHURCH THAT JASON HAD GONE TO HIS WHOLE LIFE. AND

4 AS HE WAS AWAY IN THE MILITARY, ONE TIME HE WAS HOME,

5 AND HE WENT TO THE CHURCH, AND THAT'S HOW HE MET HIS

6 WIFE.

7 AND WHEN SHE WAS ASKED, "WHAT WAS IT THAT DREW

8 YOU TO MR. LO?" SHE SAID, "HIS CORE VALUES." THAT WAS

9 WHAT WAS IMPORTANT TO HIM AND MRS. LO.

10 FIVE MONTHS BEFORE THIS INCIDENT WAS THE

11 HAPPIEST DAY OF JASON AND NINA'S LIFE. [ATTORNEY

12 INDICATES MONITOR]. THERE THEY ARE WALKING AFTER THE

13 WEDDING.

14 THERE'S THEIR FIRST DANCE. [ATTORNEY INDICATES

15 MONITOR]. SOMETHING THAT HE'S NOT GOING TO BE ABLE TO

16 DO, BASED ON THE EVIDENCE, IN THE FUTURE.

17 AND THERE'S MANY THINGS. AND I'LL TALK ABOUT

18 THEM.

19 BUT HERE WE ARE FIVE MONTHS BEFORE.

20 CAPTAIN LO, 30 YEARS OLD, MEETS THE LOVE OF HIS LIFE.

21 HE'S MARRIED. HE IS WORKING IN THE AIR FORCE. HE IS

22 EVENTUALLY -- GOT LINED UP FOR A JOB WHEN HE WAS GOING

23 TO BE HONORABLY DISCHARGED TO GO WORK IN THE PRIVATE

24 SECTOR.

25 SO, THEN, THERE'S HIM AND HIS WIFE. [ATTORNEY

26 INDICATES MONITOR]. THEY LOVE TO DO ACTIVITIES

27 TOGETHER: HIKING, WORKING OUT, GOING TO THE BEACH,

28 TRAVELING, WALKING AROUND CITIES, EXPLORING.

Page 28 1 THERE'S THE DEFENDANTS.

2 NUMBER ONE. SOUTHERN CALIFORNIA GAS COMPANY.

3 THEY OWNED THE TRUCK. EMPLOYED CONSOLAZIO. AND THEY'RE

4 RESPONSIBLE FOR ALL THE CONDUCT. WE HAVE HEARD ABOUT

5 THAT.

6 NUMBER TWO. MR. CONSOLAZIO WAS EMPLOYED BY

7 SOUTHERN CALIFORNIA GAS COMPANY. DROVE THE TRUCK IN THE

8 COURSE AND SCOPE OF HIS EMPLOYMENT. THAT'S ALL ADMITTED

9 IN THIS CASE.

10 NOW, WHAT IS UNDISPUTED? AS THE COURT JUST

11 TOLD YOU, NEGLIGENCE: UNDISPUTED. COURSE AND SCOPE:

12 UNDISPUTED. ALL OF THE FACTS ARE UNDISPUTED.

13 ALL RIGHT. SO NOW LET'S TALK ABOUT

14 MR. CONSOLAZIO THE DRIVER OF THE TRUCK.

15 NUMBER ONE. SINCE THIS OCCURRED, HE PLED TO

16 FELONY HIT AND RUN. NUMBER ONE.

17 NUMBER TWO, HE HAD A LONG HISTORY OF SEIZURES.

18 NUMBER THREE, HIS DOCTOR, HIS TREATING

19 NEUROLOGIST FROM STANFORD UNIVERSITY AT THE CENTER FOR

20 EPILEPSY IN PALO ALTO, TOLD HIM NUMEROUS TIMES NOT TO

21 DRIVE.

22 AND LET'S HEAR WHAT MR. CONSOLAZIO SAYS ABOUT

23 THESE SEIZURES, WHEN HE HAS THEM, HOW HE KNOWS IF HE IS

24 GOING TO HAVE THEM.

25 (VIDEO DEPOSITION OF DOMINICK CONSOLAZIO

26 PLAYED AS FOLLOWS:

27 "ANSWER: NO. I DON'T KNOW -- LIKE I

28 SAID, I NEVER KNOW WHEN THEY COME ON. I

Page 29 1 NEVER KNOW WHEN I HAVE THEM. I NEVER KNOW

2 LIKE -- LIKE WHERE THEY COME ON. AND IT

3 TAKES AWHILE OF FUZZINESS TO COME OUT. SO I

4 DON'T KNOW. I DON'T KNOW.

5 (VIDEO DEPOSITION CONCLUDED.)

6 SO HE NEVER KNOWS, BUT THERE'S MORE TO THE

7 STORY.

8 "CONFUSIONAL," "BLACKOUTS." THESE TERMS MAY BE

9 USED. ALL MEAN COMPLEX PARTIAL SEIZURES. I'M NOT GOING

10 TO GET INTO ALL THE MEDICINE RIGHT NOW, BUT WE'LL TALK

11 ABOUT IT. BUT I'M GOING TO SHOW YOU WHAT THE EVIDENCE

12 IS GOING TO BE.

13 NUMBER ONE, HE HAS A SEIZURE IN SEPTEMBER 15,

14 2012, AT HIS GIRLFRIEND'S HOME IN SAN JOSE.

15 HE IS WORKING DOWN HERE. SHE LIVES IN SAN

16 JOSE. AND HE GOES BACK AND FORTH, OFTEN -- NOT EVERY

17 WEEKEND. AND SO HE WAS THERE AT HER HOME AND ALL OF A

18 SUDDEN HE WAS THERE, AND HE WAS PARALYZED AND DOING

19 THINGS.

20 AND THE PARAMEDICS WERE CALLED. HE WAS TAKEN

21 TO THE HOSPITAL. IT'S CALLED GOOD SAMARITAN IN

22 SAN JOSE. HE WAS EXAMINED. HE WAS KEPT OVERNIGHT. HE

23 WAS REFERRED TO A DR. WANG, W-A-N-G, IN THE

24 SAN JOSE/STANFORD KIND OF AREA. OKAY.

25 LIVING IN L.A., HE NOW HAS A DOCTOR IN NORTHERN

26 CALIFORNIA.

27 AN EEG IS AN ELECTROENCEPHALOGRAM, WHICH LOOKS

28 AT THE BRAIN AND THE WAVES IN THE BRAIN. AND WHAT WAS

Page: 10 (27 - 30)


Page 30 1 DIAGNOSED FOR HIM IN 2012 WAS A LEFT FRONTAL AND

2 TEMPORAL EPILEPTIFORM DISCHARGE. IT'S IN THE BRAIN

3 DOCUMENTED.

4 NOW, WHAT HAPPENS IN THE NEXT SIX MONTHS:

5 LICENSE IS SUSPENDED, AND HE'S ON DISABILITY FROM WORK

6 BECAUSE OF SEIZURE. SO HE IS NOT WORKING FOR SIX

7 MONTHS.

8 HE GOES BACK TO WORK. AND THEN ALL THE WAY TO

9 2015, FINALLY HE GETS A NEW DOCTOR.

10 DR. LE, L-E. HE GOES TO SEE HER, JANUARY 16TH,

11 2015, AND WHAT DOES HE REPORT? THAT SINCE THE

12 SEPTEMBER 12TH SEIZURE WHEN HE WENT TO THE HOSPITAL, HE

13 HAS BEEN HAVING EPISODES A FEW TIMES PER MONTH. HE

14 HAD -- HE ALREADY -- HE HAD BEEN ALREADY DIAGNOSED WITH

15 EPILEPSY, AND HE WAS SUPPOSED TO FOLLOW UP IN SIX

16 MONTHS, AND SHE GIVES HIM MEDICATION.

17 WELL, LET'S HEAR WHAT DR. LO TOLD -- EXCUSE ME,

18 DR. LE. THIS IS HER VIDEOTAPED DEPOSITION FROM UP IN

19 PALO ALTO. THIS IS THE SAME AS BEING TESTIFIED IN

20 COURT. AND SHE EXAMINED HIM ON THE 16TH.

21 APPOINTMENT NUMBER ONE. WHAT SHE DID TELL

22 MR. LO [VERBATIM].

23 (VIDEO DEPOSITION OF SCHEHERAZADE LE


25 "QUESTION: AND ONE OF THE THINGS THAT YOU

26 TOOK" --


28 WHAT DID SHE TELL -- HOLD ON. I'M GOING THE

Page 31 1 WRONG WAY.

2 WHAT DID SHE TELL MR. CONSOLAZIO ON

3 JANUARY 16TH, 2015.



6 "QUESTION: AND ONE OF THE THINGS THAT YOU

7 TOLD MR. CONSOLAZIO AND HIS FIANCÉE ON

8 JANUARY 16TH, 2015, WAS THAT

9 MR. CONSOLAZIO -- YOU TOLD HIM NOT -- DON'T

10 DRIVE?

11 "ANSWER: DON'T DRIVE.

12 "QUESTION: I MEAN, NO QUALIFICATIONS? HE

13 SHOULD DEFINITELY NOT BE DRIVING?

14 "ANSWER: ABSOLUTELY NO DRIVING."


16 THE EVIDENCE WILL SHOW HE DIDN'T LISTEN TO THE

17 DOCTOR, AND HE CONTINUED TO DRIVE THAT 4,000 POUND

18 VEHICLE.

19 BUT THAT WASN'T THE END OF IT. HE ALSO TOLD

20 DR. LE THAT HE HAD PREVIOUSLY BEEN REPORTED TO A STATE

21 AGENCY.

22 HE ALSO TOLD DR. LE THAT HE HAD A SEIZURE AT

23 WORK.

24 WHAT HAPPENED AT WORK? THEY ARE HAVING A

25 MORNING MEETING. CO-EMPLOYEE, MR. ARRIETA, WILL

26 TESTIFY. THEY ARE ALL IN A MEETING WITH THE EMPLOYEES.

27 ALL OF A SUDDEN HE WAS UN- -- WAS NOT ALERT. HE WAS NOT

28 ORIENTED. HE IS SITTING THERE. AND HE DIDN'T -- THEN

Page 32 1 THEY START ASKING HIM, "WHAT IS YOUR NAME?"

2 "I DON'T KNOW.

3 "WHAT IS THE DATE?

4 "I DON'T KNOW.

5 "WHERE ARE YOU?

6 DIDN'T KNOW. HE KEPT SAYING, "I HAVE FIVE OR

7 SIX FEET. I CAN'T FIND IT."

8 OBVIOUSLY MR. ARRIETA IS CONCERNED. GOES TO

9 HIS SUPERVISOR.

10 MR. CONSOLAZIO MEETS WITH THE SUPERVISOR.

11 OBVIOUSLY, IT'S AN IMPORTANT ISSUE. MR. CONSOLAZIO

12 KNOWS OF THE PROBLEM. IMPORTANT ENOUGH THAT IT IS

13 REPORTED TO HIS SUPERVISOR. AND HE GOES TO MEET WITH

14 THE SUPERVISOR. BUT THIS IS WHAT HE'LL SAY.

15 AFTER THE MEETING, HE WAS CONFRONTED BY

16 ARRIETA. HE TALKED ABOUT BEING IN A HOLE. HE WAS STUCK

17 IN A 15-FOOT HOLE. THIS IS WHAT HE IS SAYING IN THE

18 MORNING. LASTED 15 MINUTES. HE'S SAYS -- DOESN'T KNOW

19 HOW IT HAPPENED.

20 I DON'T KNOW HOW HE WOULD KNOW IT LASTED

21 15 MINUTES IF HE SAYS HE DOESN'T KNOW ABOUT WHAT

22 HAPPENED. SO YOU'LL HEAR THAT EVIDENCE.

23 NOW, INTERESTINGLY, WHAT HE DIDN'T DO WAS HE

24 DIDN'T TELL HIS SUPERVISOR ABOUT ALL OF THIS HISTORY OF

25 SEIZURES. HE DIDN'T TELL THEM.

26 WHY DIDN'T HE TELL THEM? WELL, WE'LL GET INTO

27 THAT.

28 AND HE EXPLAINS -- THIS IS WHAT HE SAYS. THAT

Page 33 1 HE EXPLAINED THAT HE HAD ALL THESE BLACKOUTS. NOW, THE

2 SUPERVISOR SAYS THAT'S NOT TRUE. WE'LL FIND OUT.

3 THEN 2015, A MONTH LATER, HE GETS ANOTHER EEG

4 MAPPING HIS BRAIN AND THE NERVES. WHAT DOES IT TELL

5 HIM? THE SAME EXACT THINGS THAT THEY TOLD HIM THREE

6 YEARS AGO. THAT HE HAS OBJECTIVE PROBLEMS IN HIS BRAIN;

7 THAT THE WAVES AND THE PROPER SIGNALS ARE NOT BEING

8 SENT, AND HE SHOULDN'T BE DRIVING BECAUSE, AS HE TOLD

9 US, YOU NEVER KNOW WHEN THIS IS GOING TO HAPPEN.

10 THERE WILL BE EVIDENCE THAT IT COMMONLY HAPPENS

11 IN THE MORNING WHEN -- IT COMMONLY HAPPENS, ACCORDING TO

12 HIM, WHEN HE IS NOT RESTED WELL. HE HAD SIX HOURS OR

13 LESS OF SLEEP THE NIGHT BEFORE AND SO ON.

14 BUT THEN HE DOESN'T FOLLOW UP IN SIX MONTHS.

15 HE DOESN'T FOLLOW UP IN 12 MONTHS. HE DOESN'T FOLLOW UP

16 IN 18 MONTHS. HE DOESN'T GO BACK TO SEE THE DOCTOR FOR

17 19 MONTHS, DESPITE HER TELLING HIM TO COME BACK IN SIX

18 MONTHS. HE CALLS IN, WANTS MEDICINE, WANTS MEDICINE,

19 DOESN'T SLEEP: "YOU GOT TO COME IN."

20 SO, WHAT DOES HE DO?

21 HE -- LET ME GO BACK. SHOOT. SORRY.

22 SO HE GOES IN. AND WHAT'S THE FIRST THING HE

23 REPORTS TO DR. LE? THAT HE HAD ANOTHER SEIZURE IN JUNE

24 OF 2016. OKAY? NOW WE'RE EIGHT MONTHS BEFORE -- OR,

25 NO, A YEAR.

26 THEN HE ALSO TELLS HER THAT HE HAS THESE

27 CONFUSIONAL STATES, BUT THEY IMPROVE. BUT HE TELLS HER

28 ABOUT THE 16TH, AND THEN HE -- THIS IS WHAT HE TELLS

Page: 11 (31 - 34)


Page 34 1 HER: "I GET GLAZED EYES, GIBBERISH, NONSENSICAL."

2 THAT'S HIS STATEMENT WHEN THIS OCCURS. HE

3 TELLS THAT TO THE DOCTOR.

4 WHAT DOES THE DOCTOR TELL HIM?

5 YES.



8 "QUESTION: AND IN TERMS OF HIS CONDITION

9 ON AUGUST 1, 2016, ALTHOUGH BY HISTORY THE

10 SEIZURES HAD IMPROVED A LITTLE BIT FROM

11 JANUARY 16, 2016, THEY CONTINUED, AT LEAST BY

12 HISTORY, IN SUCH A FASHION THAT HE SHOULDN'T

13 BE DRIVING, IN YOUR OPINION?

14 "ANSWER: YES.

15 "QUESTION: AND THAT'S WHAT YOU TOLD HIM?

16 "ANSWER: YES."


18 NOW, YOU MAY HEAR TESTIMONY, MR. CONSOLAZIO'S

19 DEPOSITION TESTIMONY, "OH, SHE NEVER TOLD THAT. SHE

20 ONLY SAID IT WAS A RECOMMENDATION."

21 WELL, YOU'LL HEAR THE EVIDENCE, AND YOU'LL

22 DECIDE. EITHER WAY, IF EVEN SOMEONE SAYS, "I RECOMMEND

23 YOU DON'T DRIVE," A DOCTOR, A NEUROLOGIST THAT TREATS

24 EPILEPSY...

25 INTERESTING. AT THE SCENE OF THE INCIDENT --

26 THE COURT: COUNSEL, LET'S STICK WITH WHAT THE

27 EVIDENCE WILL SHOW.

28 MR. PANISH: I'M ON THE EVIDENCE.

Page 35 1 WHAT WAS THE EVIDENCE AT THE SCENE?

2 POLICE COME, CONDUCT FIELD SOBRIETY TESTS, AND

3 THEY INTERVIEW HIM. AND THEY SAY, "DO YOU HAVE

4 EPILEPSY?"

5 "ABSOLUTELY NOT."

6 DID HE EVER MENTION TO ANYONE AT THE SCENE OF

7 THE INCIDENT THAT HE HAD A SEIZURE? NO. THAT WILL BE

8 THE EVIDENCE.

9 THE EVIDENCE WILL ALSO BE THAT THE FIRST TIME

10 THAT IT APPEARS THAT THERE'S ANY EVIDENCE OF HIM SAYING

11 HE HAD A SEIZURE WAS MULTIPLE DAYS LATER, WHEN HE CALLS

12 THE DOCTOR; DOESN'T SEE HER YET, BUT CALLS HER. THAT

13 WILL BE THE EVIDENCE.

14 NOW, THIS IS, AGAIN, THE SEIZURES SEPTEMBER 26.

15 HE IS STARING OFF, MAKING STATEMENTS THAT DON'T MAKE

16 SENSE. THIS IS THE LAST 20 MINUTES, THAT TIME.

17 NOW, JANUARY 7 -- JANUARY 1, ROSE BOWL DAY,

18 USC/PENN STATE AT THE ROSE BOWL. MR. CONSOLAZIO'S

19 WATCHING IT - HE IS A FAN - WITH OTHER PEOPLE, AND ALL

20 OF A SUDDEN HE BECOMES PARALYZED IN HIS CHAIR HAVING

21 ANOTHER SEIZURE.

22 THIS IS SIX WEEKS BEFORE FEBRUARY 13TH, WHEN

23 THE VIDEO TOOK PLACE THAT YOU SAW. SIX WEEKS BEFORE.

24 DID HE STOP DRIVING? NO, HE DID NOT. THAT'S

25 WHAT THE EVIDENCE WILL SHOW.

26 NOW WE GET TO THE COLLISION. WE TALKED ABOUT

27 THAT.

28 SO THIS IS OFFICER SANTOS. HE CONDUCTED A

Page 36 1 FIELD SOBRIETY TEST. HE WORKED FOR THE HAWTHORNE POLICE

2 DEPARTMENT.

3 YOU SAW ONE OF THE OFFICERS, OFFICER JUDD, WHO

4 IS A MAIN INVESTIGATOR, WALKED IN MISTAKENLY. DIDN'T --

5 HE IS GOING TO BE THE FIRST WITNESS, BUT THE WITNESSES

6 CAN'T COME IN HERE SO HE IS OUTSIDE.

7 SO OFFICER SANTOS, WHAT DID HE SAY? HE

8 INTERVIEWED MR. CONSOLAZIO. NEVER SAID HE HAD A

9 SEIZURE, DIDN'T DISCLOSE ANY HISTORY OF SEIZURES, DENIED

10 ANY EPILEPSY, AND SAID HE DIDN'T SEE MR. LO, CAPTAIN LO.

11 YOU'LL HEAR SEVERAL TIMES HE'S TOLD WITNESSES,

12 "WELL, I DIDN'T SEE HIM," "I DIDN'T SEE HIM."

13 NO MENTION OF THE SEIZURES. NO MENTION OF THE

14 HISTORY. NOTHING. "I NEVER SAW HIM." AND WE'LL GET

15 INTO THAT.

16 THOSE AFTER -- REMEMBER I TOLD --

17 ACTUALLY, HE CALLED, BUT HE STILL DOESN'T GO TO

18 THE DOCTOR UNTIL A MONTH LATER, APPROXIMATELY A MONTH

19 LATER, MARCH 13TH. BUT WHAT DOES HE TELL THE DOCTOR?

20 ALL ABOUT THESE INCIDENTS. THAT THEY ARE OCCURRING

21 SEVERAL TIMES A MONTH. THIS IS AFTER HE IS... ALL

22 RIGHT.

23 SO YOU'VE HEARD THE EVIDENCE OF THE SEIZURES.

24 YOU HAVE SEEN THE INCIDENT. WHAT HAPPENED? SO LET ME

25 TALK TO YOU ABOUT THE DAMAGES OF WHAT THE RESULT OF THIS

26 CONDUCT WAS.

27 NUMBER ONE, WHAT HAPPENED TO MR. LO? OKAY.

28 SO WHAT YOU ARE GOING TO HAVE TO ASSESS IS HIS

Page 37 1 DAMAGE FOR THE PAST 19 MONTHS --

2 MR. FOX: I'M SORRY -- YOUR HONOR, I'M GOING TO

3 OBJECT. THIS IS ARGUMENT.

4 THE COURT: DOES SOUND LIKE ARGUMENT.

5 MR. PANISH: THE EVIDENCE WILL SHOW, AND IT HAS

6 BEEN AGREED, THAT MR. LO HAS A LIFE EXPECTANCY OF 45.9

7 FUTURE YEARS.

8 AND WE'RE GOING TO PUT ON EVIDENCE ABOUT WHAT

9 HAPPENED IN THE PAST, AND WHAT IS GOING TO CONTINUE TO

10 HAPPEN TO HIM IN THE FUTURE. AND YOU ARE GOING TO HAVE

11 TO ASSESS ALL OF THAT IN THIS CASE. AND THERE'S GOING

12 TO BE A LOT OF EVIDENCE. I CAN'T GET INTO IT ALL RIGHT

13 NOW.

14 BUT HE'S GOING TO HAVE PAIN, DISCOMFORT,

15 DISABILITY HIS ENTIRE LIFE. HE'S ALSO GOING TO FACE

16 HUMILIATION, EMBARRASSMENT, DEPRESSION, ANXIETY THE REST

17 OF HIS LIFE.

18 OKAY. I WANT TO TELL YOU THIS. I'M NOT TRYING

19 TO BUILD IT UP TOO BIG, BUT THIS PICTURE IS GRAPHIC.

20 THIS IS INITIAL PICTURE OF THE FRONT OF THE LEG

21 [ATTORNEY INDICATES MONITOR]. ALL RIGHT?

22 SO WHAT YOU SEE NOW IS THE DOCTOR. YOU CAN SEE

23 THAT THE GLOVING IS LIKE TAKING A GLOVE OUT BACKWARDS

24 THAT GLOVES THE SKIN OFF THE BODY.

25 NEXT, HE HAD A SEVERELY MANGLED FEMUR FRACTURE.

26 AND THAT IS NOT ME SAYING "SEVERELY MANGLED"; THAT IS

27 THE DIAGNOSIS OF THE PHYSICIAN.

28 NEXT, HIS FEMUR ARTERY.

Page: 12 (35 - 38)


Page 38 1 ARTERIES CARRY THE BLOOD AWAY FROM THE HEART,

2 OXYGENATED BLOOD; THE VEINS BRING IT BACK -- DEOXIDIZE,

3 I THINK IS THE WORD. AND THEY ARE VERY IMPORTANT.

4 BUT THESE ARTERIES AND VEINS ARE SO FAR INSIDE

5 THE BODY THAT IT IS DIFFICULT FOR THEM TO BE INJURED.

6 THEY ARE PROTECTED BY THE SKIN, BY THE SOFT TISSUES, BY

7 THE MUSCLE. SO IT HAS TO BE A SERIOUS INJURY TO CAUSE

8 PROBLEMS.

9 ALSO, ALL THE MUSCLE IS RIPPED OUT. AND HE HAD

10 A SERIOUS INJURY TO HIS LYMPHATIC SYSTEM WHICH RESULTS

11 IN CHRONIC LEG SWELLING. WE'LL TALK ABOUT THAT. OKAY.

12 HERE IS AN X-RAY. THIS IS ALL WHAT WAS IN

13 THERE. I DIDN'T ADD THESE IN. [ATTORNEY INDICATES

14 MONITOR]. YOU CAN SEE THE BONE. THAT IS WHAT IS CALLED

15 A SEVERELY COMMINUTED, WHICH MEANS MULTIPLE PIECES.

16 IN FACT, YOU'LL SEE THE PIECE AT THE SCENE.

17 MULTIPLE PIECES. YOU CAN SEE THAT BONE. THE FEMUR BONE

18 IS THE STRONGEST BONE IN THE BODY, REQUIRES THE MOST

19 FORCE TO BREAK. AND THAT WASN'T BROKEN; THAT WAS

20 CRUSHED.

21 SO IN THE BODY YOU HAVE FIVE LITERS OF BLOOD.

22 HE LOST 2 LITERS, 40 PERCENT, BECAUSE OF THE BLEEDING.

23 ANOTHER PHOTO. I AM ONLY SHOWING A COUPLE OF

24 PHOTOS HERE. AND WE'LL SEE MORE, BUT JUST TO GIVE YOU

25 AN OVERVIEW. OKAY? THIS IS GRAPHIC.

26 THAT'S THE BACK OF HIS LEG [ATTORNEY INDICATES

27 MONITOR]. THE HAMSTRING, THE SOFT TISSUES, THE MUSCLE,

28 ALL GONE. GONE.

Page 39 1 SO YOU HAVE A MAJOR DECONSTRUCTIVE INJURY TO

2 MUSCLES, QUADRICEPT, HAMSTRING, SKIN, SOFT TISSUE JUST

3 RIPPED AND DRAGGED OFF FOR 32 SECONDS.

4 THAT'S THE EVIDENCE IN THIS CASE. AND THE

5 EVIDENCE WILL BE THAT THIS IS CATASTROPHIC AND LIFE

6 ALTERING.

7 MR. FOX: YOUR HONOR, THIS IS ARGUMENTATIVE.

8 MR. PANISH: THE EVIDENCE --

9 THE COURT: OVERRULED.

10 MR. PANISH: THE EVIDENCE WILL SHOW IT'S

11 CATASTROPHIC. THE EVIDENCE WILL SHOW IT'S LIFE -- FOR

12 LIFE. AND THAT'S WHAT YOU WOULD EXPECT.

13 NOW, HERE'S JUST A SUMMARY OF THE INITIAL

14 INJURIES. TALKED ABOUT THE DEGLOVING. TALKED ABOUT THE

15 MUSCLE BEING RIPPED APART. THERE'S A FRACTURE OF THE

16 FEMUR. THE ARTERIES -- AVULSE MEANS DESTROYED, RIPPED

17 APART, EXPLODED.

18 THE RIGHT, THAT'S A HIP [ATTORNEY INDICATES

19 MONITOR]. IT'S GOT A LABRAL TEAR RIGHT SHOULDER, TORN.

20 THESE ARE INJURIES. HE STILL CAN'T LIFT HIS ARM ABOVE

21 HIS HEAD.

22 BUT THE LYMPHATIC SYSTEM -- AND IT IS VERY

23 COMPLICATED. THE DOCTORS WILL EXPLAIN IT.

24 BUT JUST GENERALLY SPEAKING, IT'S A VERY

25 IMPORTANT PART OF THE LARGER VASCULAR SYSTEM IN THE

26 BODY. IT IS AN IMPORTANT PART OF YOUR IMMUNE SYSTEM.

27 AND IT KIND OF ACTS LIKE A SEWER AND A FILTER TO GET THE

28 BAD OUT OF THE BODY TO KEEP THE GOOD IN.

Page 40 1 WELL, HIS WAS DAMAGED TO SUCH AN EXTENT, THESE

2 VESSELS IN THE LEG, THAT THE IMPURITIES GET STUCK, AND

3 THEY DON'T LEAVE, AND IT CAUSES HIS LEG TO SWELL UP.

4 IN FACT, IF HE STANDS FOR 20, 30 MINUTES, OR

5 TRIES TO WALK, HIS LEG IS GOING TO SWELL UP.

6 EVERY NIGHT HE HAS TO SLEEP WITH HIS LEG

7 ELEVATED. DURING THE DAY, HE WEARS A COMPRESSION

8 GARMENT OVER HIS LEG.

9 OKAY. SO 2/13, HE GOES TO HARBOR-UCLA. AND

10 THE DOCTORS THERE ARE FANTASTIC. THEY DID A GREAT JOB

11 FOR MR. LO.

12 WHEN HIS WIFE GOT THE CALL, SHE RUSHED THERE.

13 DR. NEVILLE - YOU'LL HEAR FROM HER - CAME OUT AFTER SIX,

14 SEVEN HOURS, SPOKE TO MRS. LO, AND SAID THAT, YOU KNOW,

15 "HE IS SURVIVING. 50/50 WE COULD SAVE HIS LEG. WE'RE

16 GOING TO DO THE BEST WE CAN."

17 AND THEY WERE ABLE TO SAVE PART OF THE LEG.

18 SO THEY GO IN, THEY EXPLORE THE WOUND.

19 THEY PUT A PLATE TO STABILIZE THE FEMUR. THEY

20 GO, LATER, BACK AND PUT RODS AND SCREWS. THEY TAKE A

21 SHUNT --

22 SO THE ARTERY IS RUNNING, BUT THE ARTERY IS

23 BROKEN OPEN, SO NONE OF THE BLOOD IS GOING TO GO TO THE

24 LEG, WHICH MEANS THAT THERE'S NO OXYGEN. THE BLOOD IS

25 NOT GOING TO LIVE.

26 SO THEY PUT A SHUNT SO THE TWO ARTERIES -- AND

27 THIS IS -- THIS WILL BE EXPLAINED. THE DOCTORS WILL DO

28 A BETTER JOB.

Page 41 1 THEY PUT SOMETHING BETWEEN IT, LIKE A FITTING,

2 SO THE BLOOD CAN TRY TO FLOW - THIS IS TEMPORARY - TO

3 TRY TO GET BLOOD SO THE TISSUE DOESN'T BECOME NECROTIC,

4 OR DIE. AND THEY DID A GREAT JOB, THE DOCTORS.

5 AND YOU SAW THAT. THEY HAVE GOT TO CLEAN THAT

6 OUT.

7 THEN, HE HAD SUCH SWELLING THEY HAVE TO DO WHAT

8 IS CALLED A FASCIOTOMY BECAUSE YOUR LEG IS SWELLING AND

9 THE BLOOD'S NOT GETTING HERE. SO THEY -- LIKE A

10 SAUSAGE, THEY SLICE IT OPEN, SLICE IT OPEN ON BOTH SIDES

11 TO RELIEVE THE PRESSURE. AND THEN YOU'LL SEE THE SCARS.

12 THEY ARE BRUTAL.

13 ALL RIGHT. THEN THE NEXT DAY, THEY GO TO THE

14 LEFT LEG. THEY START A SURGERY. THEY GO IN THERE, ALL

15 THE WAY DOWN TO GET A VEIN, SAPHENOUS VEIN, THE LONGEST

16 IN THE LEG, AND THEY TRANSPLANT IT TO HIS LEG.

17 THEN THEY REPAIR THE FEMORAL ARTERY, ANOTHER

18 ARTERY THAT'S DAMAGED. THEY TAKE THE NAIL OUT OF THE

19 LEG, THEY IRRIGATE, ET CETERA.

20 TWO DAYS LATER. THEY START WORKING ON HIS

21 THIGH. THEY KEEP DOING THE WOUNDS. THEN MORE OF THIS

22 [ATTORNEY INDICATES MONITOR]. THESE ARE ALL PROCEDURES.

23 HE HAD AT LEAST 30 MEDICAL PROCEDURES SO FAR.

24 THEN THEY GO INTO THE BACK, THEY TAKE THE LAT,

25 OR THE LATISSIMUS MUSCLE, THEY TAKE IT OUT. AND YOU'LL

26 SEE THE SCARS, LIKE A MACHETE, ACROSS THE BACK. THEY

27 TAKE THAT MUSCLE, TRY TO TRANSPLANT IT INTO THE

28 HAMSTRING. NOW YOU CAN IMAGINE THAT THAT'S CAUSED HIM

Page: 13 (39 - 42)


Page 42 1 PROBLEMS.

2 MR. FOX: YOUR HONOR, THAT IS IMPROPER

3 ARGUMENT.

4 MR. PANISH: THE EVIDENCE WILL SHOW THAT IT HAS

5 CAUSED HIM PROBLEMS WITH HIS BACK AND OTHER ISSUES

6 BECAUSE HE HAD TO HAVE THIS REMOVED BECAUSE OF WHAT

7 MR. CONSOLAZIO DID. OKAY.

8 THEN THEY HAVE TO START DOING SKIN GRAFTS.

9 SKIN GRAFTS IN THE LEG, BOTH LEGS. THEY HAVE TO GO WITH

10 A MACHINE, ROLL IT DOWN THE LEG, PULL THE SKIN OFF.

11 THEN THEY GOT TO SPREAD IT OUT. THEN THEY GOT TO PUT IT

12 ON THE NEXT LEG -- THERE'S A LOT OF ANESTHESIA, PUT IT

13 ON THE NEXT LEG, TRY TO GET IT TO GROW.

14 SO YOU ARE GOING TO, OBVIOUSLY, HAVE SCARS

15 EVERYWHERE THEY TOOK THE SKIN FROM BOTH LEGS,

16 PERMANENTLY.

17 THEN, AFTER THE INITIAL SURGERY, THEY PUT THIS

18 WOUND VAC - THIS IS WHEN HE IS IN THE HOSPITAL - THAT

19 DRAINS OUT THE PRESSURE. IT PROMOTES CLEANING AND

20 CLOSURE, DRAINS FLUIDS AND BACTERIA.

21 YOU ARE GOING TO HEAR EVEN TODAY, HE WRAPS HIS

22 LEG, HE GOES TO THE BASE; WHEN HE COMES HOME, HIS

23 UNIFORM IS BLOODY. HE SLEEPS AT NIGHT, THERE'S

24 DISCHARGE, BLOOD IN THE BED, STILL.

25 THEN, NOW, WE'RE MARCH 11TH. HE GETS

26 DISCHARGED INITIALLY FROM THE HOSPITAL, BUT HE COMES

27 BACK A MONTH LATER FOR MORE SURGERY. THEY DO MORE SKIN

28 GRAFTS. THEY DO THE WOUND VAC. AND THEY DISCHARGE HIM

Page 43 1 WITH THIS VAC AND MULTIPLE -- YOU CAN SEE THE SCARS FROM

2 WHERE THEY HAD TO OPEN UP FOR THE FEMUR, FOR THE

3 INTERMEDULLARY ROD THAT'S PLACED IN HIS FEMUR.

4 AND HERE'S THAT IN APRIL. WHEN HE GOES IN, YOU

5 CAN SEE WHERE THEY ARE TAKING THE GRAFTS AND WHAT THEY

6 ARE TRYING TO DO.

7 AND HERE'S THAT PICTURE THEN. YOU CAN SEE THE

8 RIGHT LEG AND THE LEFT LEG, THE COMPARISON. OKAY.

9 BUT THEN YOU ARE GOING TO SEE THAT THIS

10 INJURY -- BECAUSE OF THE TYPE OF PIGMENTATION THAT HE

11 HAS IN HIS SKIN - HE IS DARKER COLORED - THAT HAS A

12 PROBLEM HEALING AND DEVELOPS WHAT IS CALLED KELOID

13 HYPERTROPIC SCARS, WHICH ARE PAINFUL, WHICH ITCH, AND

14 CAUSE PROBLEMS. THOSE AREN'T GOING TO GO AWAY.

15 NOW LOOK AT THIS. MAY 2017. AND LOOK HOW IT

16 GOT IN MAY 2018, ONE YEAR LATER.

17 YOU COULD SEE RIGHT HERE [ATTORNEY INDICATES

18 MONITOR]. THOSE ARE ULCERATIONS THAT ARE PAINFUL.

19 DISCHARGE FLUID. ARE -- SMELL. AND THEY HAVE TO GO IN

20 AND SURGICALLY DO SOMETHING.

21 SO THESE COME ON THEIR OWN. SPONTANEOUS

22 ULCERATIONS. YOU CAN SEE THEM. WE ARE GOING TO HAVE

23 SOME CLOSER-UP PICTURES, BUT YOU GET THE IDEA OF WHAT HE

24 IS GOING THROUGH ON A DAILY BASIS.

25 THEN LET'S GO BACK.

26 MORE SURGERY. BACK TO THE HOSPITAL AGAIN.

27 TORRANCE MEMORIAL. SURGERY. THEY TRY TO REPAIR A

28 TENDON, BECAUSE HE HAD A BAD ANKLE.

Page 44 1 AND THE TENDON THAT GOES DOWN, THEY TRY TO

2 REPAIR IT. THEY COULDN'T REPAIR IT. AND THEY DO

3 GRAFTING.

4 AND NOW WE ARE IN MAY 2018, WHICH IS A YEAR AND

5 THREE MONTHS AFTER THE COLLISION.

6 ALL RIGHT. SO MAY, AGAIN, HE GOES BACK THERE.

7 GETS DISCHARGED.

8 SO HERE IS A SUMMARY OF HIS CURRENT CONDITION.

9 HE HAS GOT DEPRESSION. POST-TRAUMATIC STRESS. HE HAS

10 GOT NEUROPATHY; NEUROPATHY IS A PAIN, NERVE PAIN. NERVE

11 PAIN COULD BE VERY SHARP, VERY DEBILITATING NERVE PAIN

12 BECAUSE OF DAMAGE TO THE NERVES.

13 YOU SAW THIS. HE HAS GOT FASCIITIS OF THE LEG.

14 HE PROBABLY GOT COMPLEX PAIN SYNDROME OR NEUROPATHIC

15 PAIN, WHICH IS A VERY PAINFUL INJURY. TALK ABOUT THE

16 SCARRING. AND THE -- AND THAT'S WHAT IT LOOKS LIKE ON

17 THE BACK JUST GENERAL.

18 YOU HEARD -- I DON'T HAVE TO GO ON AND ON, BUT

19 THESE ARE ALL THE INJURIES THAT HE SUFFERED. I KIND OF

20 WENT THROUGH THAT.

21 SO LET ME TALK ABOUT THE ECONOMIC. THERE'S TWO

22 TYPES OF DAMAGE: ECONOMIC AND NONECONOMIC. ECONOMIC

23 MEDICAL BILLS, LOSS OF EMPLOYMENT.

24 FIRST, THIS IS WHAT HE IS GOING TO NEED IN THE

25 FUTURE. HIS SHOULDER, A HIP REPLACEMENT, INJECTIONS,

26 SURGERY, ALL OF THESE THINGS. POSSIBLE AMPUTATION. I

27 WANT TO TALK ABOUT THAT.

28 RIGHT NOW THE DOCTORS -- MOST OF THEM DON'T

Page 45 1 THINK FOR SURE HE'S GOING TO NEED AN AMPUTATION, BUT

2 WHEN MR. LO IS WORKING OUT OR TRYING TO DO HIS THERAPY

3 BY HIMSELF, HE'LL TESTIFY HE WONDERS WHETHER OR NOT HE

4 WOULD BE BETTER OFF WITHOUT HIS LEG BECAUSE HE'S NOT

5 GOING TO WANT TO DO THE PHYSICAL THINGS.

6 BUT IF HE HAD A PROSTHETIC DEVICE, IT MAY MAKE

7 IT EASIER, SO THAT'S SOMETHING YOU ARE GOING TO HEAR

8 ABOUT IN THIS CASE. THAT IS EXPENSIVE.

9 SO WE HAVE TWO LIFE CARE PLANS. ONE IS

10 1.8 MILLION. AND THEN WITH THE AMPUTATION IS

11 3.5 MILLION.

12 NOW THE DEFENDANTS ARE GOING TO COME UP AND

13 ATTACK AND SAY --

14 MR. FOX: OBJECTION, YOUR HONOR. THAT IS

15 ARGUMENTATIVE.


17 MR. PANISH: THE EVIDENCE WILL SHOW THE

18 DEFENDANTS' EXPERTS WILL COME UP AND SAY, "HE DOESN'T

19 REALLY NEED THREE SPONGES AT A TIME. HE ONLY NEEDS

20 TWO," OR, "ONLY NEEDS THAT ONE OR TWO TIMES."

21 THE EVIDENCE WILL BE THAT THEY WILL TRY TO

22 MINIMIZE THE AMOUNT OF FUTURE CARE --

23 MR. FOX: OBJECTION, YOUR HONOR. THAT'S

24 ARGUMENTATIVE.


26 MR. PANISH: THAT'S WHAT THEY GOING TO SAY.

27 NOW, YOU ARE GOING TO HEAR FROM --

28 MR. SARKISIAN. HE IS AN EXPERT IN EXPERT

Page: 14 (43 - 46)


Page 46 1 REHABILITATION. SO HE GAVE A DEPOSITION - I DON'T

2 KNOW - THREE MONTHS AGO, MAYBE. BUT SINCE THEN, A LOT

3 HAS TRANSPIRED BECAUSE THIS IS A VERY FLUID SITUATION.

4 SO AT THE TIME MR. LO -- HOLD ON.

5 MR. LO EIGHT OR NINE MONTHS LATER WENT BACK

6 PART-TIME TO THE AIR FORCE ACADEMY -- BASE. THEN HE

7 TRIED TO INCREASE HIS HOURS. AND HE WAS DOING ABOUT A

8 THIRD TO 40 PERCENT OF THE REGULAR WORK, OFFICE WORK.

9 HE WAS UNABLE TO DO ANY FITNESS TRAINING, WHICH IS

10 REQUIRED. HE WAS UNABLE TO DO ANY KIND OF PHYSICAL

11 ACTIVITY.

12 WHEN HE STOOD OR SAT FOR 30 MINUTES, HIS LEG

13 WOULD SWELL. SO NOW THE AIR FORCE IS EVALUATING HIM,

14 AND THIS IS HIS LOSS OF INCOME BECAUSE WE HAVE

15 PROJECTED -- OKAY.

16 LET'S ASSUME THAT HE COULD WORK AND STAY THERE,

17 BUT HE WOULDN'T BE ABLE TO DO IT AS LONG. SO THIS IS

18 WHAT IT WOULD BE [ATTORNEY INDICATES MONITOR].

19 AND, OF COURSE, THE DEFENSE WILL SAY THAT

20 108,000 IS ONLY -- I THINK THEY SAY 70-SOME THOUSAND.

21 SO AGAIN LESS.

22 BUT REALLY THE REALITY IS, IS NOW HE IS NOT

23 GETTING A REGULAR DISCHARGE. HE'S GETTING A MEDICAL --

24 LET ME GET TO THAT NEXT LINE.

25 HE IS BEING EVALUATED FOR MEDICAL DISCHARGE

26 BECAUSE YOU CAN'T BE IN THE MILITARY AND NOT CONDITION

27 OR RUN WITH YOUR UNIT, THEY CALL IT. YOU CAN'T GO INTO

28 THE BATTLE FIELD. THERE'S NOT -- THEY HAVE MADE EVERY

Page 47 1 ACCOMMODATION POSSIBLE. YOU'LL HEAR ABOUT THAT. BUT HE

2 CAN'T DO THE JOB. HE CAN'T DO IT IN THIS CONDITION.

3 SO HE'S GOING TO GET MEDICALLY SEPARATED, AND

4 NOW WHERE IS HE?

5 SO WE TALKED ABOUT THE PAST PAIN, SUFFERING,

6 ENJOYMENT OF LIFE, DISFIGUREMENT, IMPAIRMENT,

7 INCONVENIENCE, GRIEF, ANXIETY, HUMILIATION, EMOTIONAL

8 DISTRESS.

9 THESE ARE ALL ELEMENTS WE'RE GOING TO PUT

10 EVIDENCE ON. WE ARE GOING TO HEAR HE'S IN CONSTANT

11 PAIN. HE'S VERY STOIC BECAUSE HE'S IN THE MILITARY. HE

12 DOESN'T COMPLAIN A LOT. HE ACTUALLY DOWNPLAYS

13 EVERYTHING.

14 YOU'LL HEAR THE EXPERTS RETAINED BY THE

15 DEFENDANT. SOME OF THEM EXAMINED HIM AND SAID THIS MAN

16 UNDERPLAYS EVERYTHING. HE IS STOIC, AND HE SOLDIERS ON.

17 BUT HE CAN NEVER HAVE THE SAME LIFE. YOU'LL

18 SEE PICTURES OF HIM PLAYING SOFTBALL. HE LOVED TO PLAY

19 SOFTBALL. YOU WILL SEE. HE HAS A GREAT STANCE WHERE HE

20 RIPPED THE BALL, BUT HE CAN'T DO THAT ANYMORE.

21 REMEMBER THE COMPETITIVE CHARACTER,

22 LEADERSHIP --

23 THE COURT: COUNSEL, THIS IS --

24 MR. PANISH: -- THE VALUES --

25 MR. FOX: YOUR HONOR, I'M GOING --

26 THE COURT: -- THIS IS SOUNDING LIKE ARGUMENT.

27 MR. PANISH: -- THE VALUES THAT WERE

28 INSTILLED -- THE EVIDENCE WILL SHOW THAT THE VALUES

Page 48 1 INSTILLED IN MR. LO -- CAPTAIN LO IN THE AIR FORCE

2 ACADEMY REMAIN WITH HIM FOR HIS LIFE AND NO LONGER CAN

3 HE DO THOSE THINGS THAT ARE THE CORE VALUES.

4 SO WE TALKED ABOUT THIS. HE IS GOING TO HAVE

5 THIS FOR THE REST OF HIS LIFE.

6 WHAT ARE THE LIMITATIONS?

7 NUMBER ONE, DISFIGUREMENT. MOBILITY.

8 NOW, HE CAN WALK. NOT WITHOUT PAIN. BUT HE

9 CAN WALK. HE CAN DRIVE A CAR, BUT YOU ARE GOING TO HEAR

10 AT THE MILITARY BASE HE -- WHEN THE -- THEY GO A QUARTER

11 MILE IN DISTANCE TO ANOTHER PLACE, HE HAS TO DRIVE HIS

12 CAR. HE CAN'T DO THE WALKING.

13 AND WHEN HE DRIVES HIS CAR, HE HAS TO LIFT HIS

14 LEG TO GET IT IN THE CAR.

15 HE HAS PROBLEMS WITH HIS STABILITY. HE IS

16 WORRIED ABOUT HIS SAFETY. HE IS WORRIED ABOUT HIS

17 FUTURE.

18 HE HAD GREAT SELF-CONFIDENCE. ONE OF THE

19 THINGS YOU ARE TRAINED IN THE AIR FORCE ACADEMY: TO

20 HAVE GREAT SELF-CONFIDENCE AND BE A LEADER. HE LOST

21 THAT SELF-CONFIDENCE. HE CAN'T RUN WITH HIS UNIT. HE

22 CAN'T PLAY SPORTS.

23 EVERY SUNDAY AFTER CHURCH, HE WOULD PLAY IN A

24 BASKETBALL GAME WITH THE CHURCH. THE WIVES AND SPOUSES

25 AND GIRLFRIENDS WOULD WATCH, AND HE WOULD PLAY WITH ALL

26 HIS FRIENDS. HE CAN'T DO THAT ANYMORE. HE DOESN'T EVEN

27 GO WATCH BECAUSE IT HURTS HIM TO EVEN THINK OF IT.

28 HE HAS LOST HIS SELF-CONFIDENCE. HE LOST HIS

Page 49 1 IDENTITY. HE'S LOST HIS --


3 MR. PANISH: THE EVIDENCE IS GOING TO SHOW --

4 MR. FOX: THIS IS ARGUMENTATIVE.

5 THE COURT: IT IS GETTING CLOSE TO ARGUMENT,

6 BUT PROCEED.

7 MR. PANISH: THE EVIDENCE IS GOING TO SHOW HE

8 CAN'T COMPETE IN THE ATHLETICS. HE CAN'T DO IT.

9 THE EVIDENCE IS GOING TO SHOW HE NEEDS

10 ASSISTANCE FOR SIMPLE TASKS. HIS WIFE HAD TO BRING HIM

11 HIS TOOTHBRUSH IN A BOWL. HE CAN'T HELP HIS WIFE LIKE

12 HE DID BEFORE.

13 THEY WERE MOVING. DIRECT T.V. COMES TO INSTALL

14 THE T.V., OR THE CABLE. THEY NEED THE T.V. TO BE MOVED;

15 HE IS LIKE THAT. HE CAN'T HELP HIS WIFE. HE WATCHES

16 HIS WIFE AND THE MAN FROM DIRECT T.V. STRUGGLE TO PLACE

17 THE T.V.

18 IT WAS A BIG BLOW TO HIM AS A MAN TO HIS

19 SELF-CONFIDENCE THAT HE CAN'T HELP HIS WIFE.

20 THEY MOVED. HIS WIFE AND HIS WIFE'S MOTHER

21 HAVE TO DO THE WORK. HE CAN'T DO IT. HE CAN'T HELP HIS

22 WIFE LIKE HE DID. HE IS EMBARRASSED. HE GOES OUT;

23 PEOPLE SEE THE SCARES; THEY THINK HE'S A MONSTER.

24 PEOPLE SAY THINGS TO HIM.

25 HE DOESN'T HAVE THAT BONDING COMRADERY WITH THE

26 REST OF THE PEOPLE IN THE UNIT BECAUSE HE CAN'T DO THE

27 THINGS THAT THEY LOVE TO DO.

28 HE HAS FEAR THAT HE IS NOT GOING TO BE ABLE TO

Page: 15 (47 - 50)


Page 50 1 PROTECT HIS FAMILY IN THE FUTURE.

2 MR. FOX: YOUR HONOR, THIS IS GETTING INTO

3 ARGUMENT NOW.

4 MR. PANISH: THE EVIDENCE IS GOING TO SHOW

5 CHRONIC PAIN.


7 MR. PANISH: HE'S DEPRESSED. HE IS ANGRY.

8 AND MANY TIMES YOU'LL HEAR THAT HE IS

9 QUESTIONING HIMSELF AS "WHY ME? WHY DID THIS HAPPEN TO

10 ME? WHAT DID I DO TO DESERVE THIS?"

11 THE WOUNDS BLEED. I TOLD YOU ABOUT THAT.

12 IT'S CAUSING A PROBLEM IN THE RELATIONSHIP.

13 AND THINGS ARE ONLY GOING TO GET WORSE, THE

14 EVIDENCE WILL SHOW, AS HE GETS OLDER.

15 SO -- OKAY. YOU ARE GOING TO HEAR -- THE

16 DEFENSE IS GOING TO CALL A SURGEON, WHO NEVER EXAMINED

17 CAPTAIN LO, WHO SAYS HE CAN RETURN TO BASKETBALL, RETURN

18 TO TENNIS, RETURN TO FOOTBALL. DR. BRIEN. AND SHE

19 NEVER SAW HIM. AND NO OTHER DOCTOR SAYS THAT, BUT SHE

20 DOES. AND YOU'LL HEAR ALL ABOUT IT, AND WE'LL

21 CROSS-EXAMINE HER WHEN SHE COMES HERE.

22 HE'S NEVER GOING TO BE ACTIVE. CAN'T STAND FOR

23 LONG PERIODS OF TIME. WE TALKED ABOUT THAT.

24 TALKED ABOUT THAT.

25 THIS IS ANOTHER EXPERT THE DEFENSE RETAINED.

26 DR. THOMAS HEDGE, NORTHRIDGE HOSPITAL. HE IS THE

27 PHYSIATRIST. IT'S A PHYSICAL MEDICINE EXPERT. WE TOOK

28 HIS DEPOSITION. SAME AS DR. LE. WHAT DID HE SAY ABOUT

Page 51 1 MR. LO?

2 (VIDEO DEPOSITION OF THOMAS LYLE HEDGE,

3 JR., M.D., PLAYED AS FOLLOWS:

4 "QUESTION: YOU TALKED EARLIER ABOUT THE

5 ACTIVE LIFESTYLE THAT CAPTAIN LO HAD,

6 CORRECT?

7 "ANSWER: SURE.

8 "QUESTION: AND HE DOESN'T HAVE THAT

9 ACTIVE LIFESTYLE ANYMORE, CORRECT?

10 "ANSWER: NOT ANYMORE.

11 "QUESTION: HE'S NOT GOING TO HAVE IT IN

12 THE FUTURE?

13 "QUESTION: NO."


15 MR. PANISH: WE HAD THE OTHER DOCTOR THEY HIRED

16 WHO WILL TELL YOU HE CAN DO EVERYTHING. AND HERE IS

17 DR. HEDGE AGAIN.

18 (VIDEO DEPOSITION OF THOMAS LYLE HEDGE,

19 JR., M.D., PLAYED AS FOLLOWS:

20 "QUESTION: HIS DESCRIPTION IN HIS

21 DEPOSITION WAS THAT THIS WAS A DEVASTATING

22 INJURY. YOU WOULD AGREE WITH THAT?

23 "ANSWER: WELL, CERTAINLY DEVASTATING FOR

24 HIM. I MEAN, HE SUDDENLY HAS GONE FROM BEING

25 NORMAL TO HIS SUBSTANTIALLY DIFFERENT.

26 "QUESTION: SO THE ANSWER TO THE QUESTION

27 WOULD BE 'YES'?

28 "ANSWER: YES.

Page 52 1 "QUESTION: OKAY."


3 MR. PANISH: SO TALKED ABOUT THIS.

4 THE LOSS OF CONSORTIUM. THERE ARE VARIOUS

5 ELEMENTS. AGAIN, WE ARE GOING TO PUT ALL THE EVIDENCE

6 ON TO SUPPORT THIS CLAIM: PROTECTION, AFFECTION,

7 SOCIETY, AND MORAL SUPPORT.

8 THIS IS ONE OF THE ACTIVITIES. [ATTORNEY

9 INDICATES MONITOR]. THEY RAN IN THIS MUDDER RACE

10 24-HOUR EVENT. THEY DID IT TOGETHER. THEY LOVED TO GO

11 BEACH CAMPING.

12 IN FACT, ONE OF THE -- AND MR. LO, HE LOVED

13 CAMPING. SO WHEN HE WAS GOING TO PROPOSE TO HIS WIFE --

14 AND ONE OF THE FRIENDS WILL TESTIFY, THAT HE TOOK HER ON

15 A CAMPING TRIP, JUST THE TWO OF THEM, TO SEE HOW SHE

16 DID. SHE PASSED. HE PROPOSED TO HER. THEY GOT

17 MARRIED.

18 BUT HE WANTED A MATE, A PARTNER THAT LIKED TO

19 DO WHAT HE DOES: TO GO THE BEACH, TO BE ACTIVE, ENGAGE

20 IN SPORTS OR WORK OUT, TO SWIM. ALL THE THINGS THAT

21 PEOPLE THAT HAVE AN ACTIVE LIFESTYLE DO. THEY CAN'T DO

22 THAT ANYMORE. EVER.

23 NOW, MR. CONSOLAZIO MOST LIKELY - IT'S HARD TO

24 KNOW FOR SURE - HAD A SEIZURE OR HE INTENTIONALLY RAN

25 INTO MR. LO.

26 MR. BARGER: OBJECTION. ARGUMENTATIVE. MOVE

27 TO STRIKE.


Page 53 1 MR. PANISH: THE EVIDENCE WILL SHOW THAT HE

2 PROBABLY HAD A SEIZURE, AND HE LEFT THE SCENE.

3 NOW, HE'LL SAY MR. LO IS NOT HURT AS BAD AS HE

4 SAYS HE IS.


6 MR. PANISH: THE EVIDENCE WILL SHOW THAT

7 MR. LO IS ABLE TO WALK --

8 MR. FOX: YOUR HONOR, CAN I GET A RULING?


10 MR. FOX: THANK YOU.

11 MR. PANISH: THEY WENT TO EUROPE. YOU'LL HEAR

12 ABOUT THAT.

13 THIS WAS A TRIP THAT WAS PLANNED WITH THE

14 IN-LAWS WELL BEFORE THE INJURIES. THEY WENT ON THE

15 TRIP. HE DIDN'T WANT TO LET EVERYONE DOWN. HE

16 SOLDIERED THROUGH. TERRIBLE FOR HIM. COULDN'T ENJOY

17 IT. PAIN. COULDN'T WALK AROUND THE STREETS. DO ALL

18 THE STUFF, BUT HE WENT. OKAY.

19 ANYTHING THEY ASK HIM, HE'LL BE A HUNDRED

20 PERCENT CREDIBLE, AND YOU'LL SEE.

21 AND HE WENT BACK TO WORK. I TOLD YOU ABOUT

22 THAT. BUT HE RETURNED PART-TIME. HE HAD

23 ACCOMMODATIONS. CAN'T DO THE TRAINING. DRIVES. CAN'T

24 DO FULL-TIME.

25 AND HE IS BEING EVALUATED TO BE SEPARATED FROM

26 THE MILITARY. AND NOW HE HAS NO JOB.

27 THE COURT: WE'RE GETTING BACK INTO ARGUMENT,

28 COUNSEL.

Page: 16 (51 - 54)


Page 54 1 MR. PANISH: SO THAT'S JUST A BRIEF OVERVIEW.

2 BELIEVE ME, THERE'S GOING TO BE MUCH, MUCH MORE

3 EVIDENCE TO SUPPORT OUR CLAIMS, BUT I APPRECIATE YOUR

4 TIME AND LISTENING AND PAYING ATTENTION. AND THANK YOU

5 VERY MUCH.

6 THE COURT: MR. FOX, DOES SOUTHERN CALIFORNIA

7 GAS WISH TO MAKE AN OPENING STATEMENT AT THIS TIME --

8 MR. FOX: I DO --

9 THE COURT: -- OR --

10 MR. FOX: I DO, YOUR HONOR.

11 WOULD IT BE APPROPRIATE IF WE COULD TAKE A

12 SHORT BREAK? MAYBE A TEN-MINUTE BREAK WHILE WE SET UP?

13 THE COURT: YES. WE'LL TAKE THE MORNING RECESS

14 AT THIS TIME. WE'LL RESUME AT 10:30 -- I'M SORRY,

15 10:50.

16 MR. FOX: THANK YOU, YOUR HONOR.

17 MR. PANISH: WHAT TIME?

18 THE COURT: I'M SORRY. 10:45.

19 WE'LL RESUME AT 10:45.

20 AS BEFORE, PLEASE, DO NOT DISCUSS ANYTHING

21 HAVING TO DO WITH THE CASE WITH ANY OTHER PERSON.

22 PLEASE DO NOT LET ANYONE DISCUSS WITH YOU. PLEASE DO

23 NOT FORM OR EXPRESS ANY OPINION ABOUT THE CASE. WE'LL

24 SEE YOU AT 10:45.

25



28 JURY.)

Page 55 1

2 THE COURT: ALL THE JURORS AND ALTERNATES HAVE

3 LEFT.


5 BEFORE WE RECESS?

6 MR. PANISH: JUST ONE THING, YOUR HONOR.

7 WHEN COUNSEL -- BOTH COUNSEL FINISH THEIR

8 OPENINGS, I HAVE A POLICE OFFICER HERE, SO I WANT TO PUT

9 IT HIM RIGHT AWAY. I HAVE GOT TO GET HIM DONE AND

10 ANOTHER WITNESS. SO, LIKE, IF IT'S A QUARTER TO 12:00,

11 I WANT TO KEEP GOING.

12 THE COURT: WELL...

13 MR. PANISH: THAT'S ALL.

14 MR. FOX: NOTHING FROM ME, YOUR HONOR.

15 THE COURT: OKAY. WE'LL BE IN RECESS UNTIL

16 10:45.


18

19 (WHEREUPON A RECESS WAS TAKEN AT 10:30

20 A.M. )

21 --OOO--



24 MATTER AT 10:46 A.M.)

25



28 JURY.)

Page 56 1

2 THE COURT: WE'RE BACK ON THE RECORD IN

3 BC653464, LO VERSUS CONSOLAZIO. COURT OBSERVERS AS

4 COUNSEL ARE PRESENT.


6 BEFORE WE BRING THE JURORS IN AND ALTERNATES IN?



9 THE COURT: MS. FAUNE, WOULD YOU, PLEASE, BRING



12



15 JURY.)

16


18 MR. FOX, DO YOU WISH TO GIVE YOUR OPENING

19 STATEMENT AT THIS TIME OR RESERVE IT UNTIL A LATER DATE?

20 MR. FOX: I WISH TO PROCEED. I DO, YOUR HONOR.

21 THE COURT: YOU MAY PROCEED.


23

24 OPENING STATEMENT

25 --OOO--

26 MR. FOX: GOOD MORNING.

27 ALL PRESENT: GOOD MORNING.

28 MR. FOX: GOOD MORNING. HAPPY FRIDAY.

Page 57 1 OKAY. SO THIS IS MY CHANCE TO GIVE YOU THE

2 OVERVIEW ON WHAT WE BELIEVE THE EVIDENCE IS GOING TO

3 SHOW AS WE GO THROUGH THE CASE.

4 VERY IMPORTANT THAT I HAVE THIS OPPORTUNITY

5 BECAUSE PLAINTIFFS GO FIRST. WE HAVE TO WAIT. WE TO

6 HAVE PUT ON OUR EVIDENCE ONCE THEY ARE DONE.

7 THEY HAVE THE BURDEN OF PROOF SO THEY GET TO GO

8 FIRST. SO I JUST WANT TO GIVE YOU A LITTLE PREVIEW OF

9 WHAT ELSE IS GOING TO BE COMING IN WHAT I'LL CALL THE

10 SECOND HALF COMING DOWN THE ROAD.

11 SO THANK YOU FOR YOUR TIME AS I DO THIS. I AM

12 NOT GOING TO BE TOO LONG.

13 SO AS I WAS THINKING ABOUT THIS LAST NIGHT,

14 COUPLE OF THINGS.

15 YOU ARE GOING TO HEAR THAT THERE ARE MORE

16 THINGS THAT WE AGREE WITH THAN WE DISAGREE WITH. THERE

17 ARE VERY FEW ISSUES IN DISPUTE IN THIS CASE. WHEN YOU

18 BOIL IT DOWN, THE EVIDENCE IS GOING TO SHOW YOU THERE

19 ARE REALLY TWO ISSUES IN DISPUTE.

20 WHAT IS THE AMOUNT OF FAIR AND REASONABLE

21 COMPENSATORY DAMAGES THAT SHOULD BE AWARDED BASED ON THE

22 EVIDENCE AND THE LAW? THAT'S QUESTION ONE.

23 AND QUESTION TWO IS: ON THIS ISSUE OF THE

24 PLAINTIFFS' CLAIMS AGAINST MR. CONSOLAZIO FOR WHAT IS

25 CALLED PUNITIVE DAMAGES.

26 AND I'M GOING TO LET MY COLLEAGUE MR. BARGER

27 ADDRESS THAT BECAUSE THAT IS HIS CLIENT, NOT MY CLIENT,

28 THE GAS COMPANY.

Page: 17 (55 - 58)


Page 58 1 BUT THOSE ARE REALLY THE TWO ISSUES IN THIS

2 CASE.

3 AND ON THAT FIRST ISSUE, WHAT AMOUNT OF FAIR

4 AND REASONABLE COMPENSATORY DAMAGES --

5 BY THE WAY, THERE'S COMPENSATORY DAMAGES TO

6 COMPENSATE YOU - MEDICAL BILLS, FUTURE CARE, AND THINGS

7 LIKE THAT - AND THEN THERE'S THE PUNITIVE DAMAGES CLAIM.

8 THOSE ARE THE TWO ISSUES.

9 AND WHEN YOU HEAR THE EVIDENCE AND WHAT THE

10 EVIDENCE IS GOING TO SHOW ON COMPENSATORY DAMAGES,

11 THERE'S NOT A LOT IN DISPUTE.

12 AS YOU HEARD, AS I MENTIONED IN MY -- WHEN WE

13 TALKED ABOUT JURY SELECTION, THE EVIDENCE IS GOING TO

14 SHOW IT WAS A SEVERE INJURY. I SAID THAT TO ALL OF YOU

15 IN THE JURY SELECTION. I SAID THE LEG WAS RIPPED OPEN

16 AND THE BONE WAS BROKEN AND THE ARTERIES WERE TORN AND

17 THE LIGAMENTS WERE TORN. WE KNOW THAT, AND WE HAVE

18 KNOWN THAT ALMOST SINCE THE BEGINNING.

19 AS THE COURT TOLD YOU ALREADY, THE COURT READ

20 YOU AN INSTRUCTION, AND IT SAID THAT MY CLIENT, THE GAS

21 COMPANY, HAS ALREADY ACKNOWLEDGED AND ADMITTED THAT

22 MR. CONSOLAZIO WAS NEGLIGENCE -- NEGLIGENT, AND THAT HIS

23 NEGLIGENCE WAS A CAUSE OF THE ACCIDENT. NOT IN DISPUTE.

24 THAT'S USUALLY A BIG ISSUE IN TRIALS, WHO IS AT

25 FAULT, RIGHT.

26 MR. PANISH: EXCUSE ME, YOUR HONOR...

27 MR. FOX: NOT IN DISPUTE.

28 MR. PANISH: EXCUSE ME...

Page 59 1 THE COURT: OVERRULED.

2 MR. PANISH: I DIDN'T GET A CHANCE -- THAT'S --

3 OKAY. THANK YOU.

4 MR. FOX: AND AS THE COURT HAS INSTRUCTED YOU

5 ALREADY, AND AS I AGREE WITH MR. PANISH, MY CLIENTS

6 ALREADY ADMITTED THAT IT IS RESPONSIBLE FOR THE

7 NEGLIGENCE OF MR. CONSOLAZIO IN THIS CASE. NOT

8 DISPUTED.

9 AND THAT THEN TAKES YOU TO, "OKAY, HOW MUCH

10 DOES MY CLIENT OWE MR. AND MRS. LO FOR THE FAIR AND

11 REASONABLE DAMAGES?"

12 AND THE EVIDENCE SHOWS WE OWE IT. WE JUST

13 CAN'T REACH AN AGREEMENT BETWEEN US ON WHAT IS FAIR AND

14 REASONABLE IN THIS CASE. THAT'S -- THAT'S WHY WE NEED

15 YOUR HELP. THAT'S WHAT WE NEED YOUR HELP FOR.

16 MR. PANISH TOLD YOU ALL OF THE FACTS OF THE

17 ACCIDENT ARE -- ARE NOT IN DISPUTE; WE AGREE. I AGREE

18 WITH HIM. I AGREE WITH HIM.

19 WE HAVE THAT VIDEO, JUST LIKE THEY HAVE THAT

20 VIDEO. WE SAW IT. WE HAVE KNOWN ABOUT IT.

21 WE HAVE THE POLICE REPORT. THE POLICE OFFICERS

22 INVESTIGATED AND INTERVIEWED AND TOOK MEASUREMENTS AND

23 TOOK EVIDENCE. WE HAVE THAT. WE HAVE KNOWN ABOUT THAT.

24 IT ISN'T IN DISPUTE. IT IS NOT IN DISPUTE.

25 MR. PANISH SAID ANOTHER ONE: "THE DOCTORS AT

26 HARBOR-UCLA WERE FANTASTIC."

27 WE AGREE. THEY WERE FANTASTIC. THEY DID AN

28 AMAZING JOB. AND THEY SAVED HIS LEG, AND HE HAS HIS LEG

Page 60 1 TODAY BECAUSE OF THOSE FANTASTIC DOCTORS AT THE

2 HOSPITAL.

3 SO YOU MIGHT BE THINKING, SITTING THERE, "WE

4 HAVEN'T STARTED THE TRIAL. HOW DO THESE GUYS KNOW WHAT

5 THE EVIDENCE IS GOING TO SHOW. HOW DO THEY KNOW THAT"?

6 HOW DO WE KNOW THAT?

7 OVER THE COURSE OF THE PAST YEAR OR MORE, WE

8 HAVE BEEN ENGAGED IN SOMETHING CALLED DISCOVERY. IT'S A

9 FANCY LEGAL TERM FOR EXCHANGING INFORMATION AND GETTING

10 INFORMATION. FOR EXAMPLE, YOU GO AND DEPOSE --

11 THE FIRST WITNESS THEY ARE CALLING IN IS ONE OF

12 THE POLICE OFFICERS FROM THE SCENE. YOU GO WRITE A

13 REPORT; WE TOOK HIS DEPOSITION, AND ASKED HIM ALL THESE

14 QUESTIONS ABOUT, "WHAT DID YOU SEE? WHAT DID YOU HEAR?

15 WHAT HAPPENED OUT THERE?"

16 WE GOT THE POLICE REPORT.

17 THERE'S MORE WORK GOING ON. WE ASK THEM FOR

18 INFORMATION ABOUT MR. LO. THEY ASK INFORMATION FROM US.

19 WE EXCHANGE THAT INFORMATION. AND THAT'S BEEN GOING ON

20 FOR OVER THE PAST YEAR.

21 THE VIDEOS THAT YOU SAW IN MR. PANISH'S OPENING

22 FROM THE GAS STATION CAMERA, WE'VE HAD THAT.

23 THE CELL PHONE VIDEO FROM THE WITNESS, WE HAVE

24 EXCHANGED THAT.

25 WE HAVE ALL HAD THAT.

26 THE PICTURES OF MR. LO IN THE HOSPITAL, THE TWO

27 PICTURES YOU SAW WITH THE SEVERE INJURY TO HIS LEG,

28 FRONT AND BACK, WE'VE HAD THOSE, AND WE HAVE EXCHANGED

Page 61 1 THOSE A LONG TIME AGO IN DISCOVERY.

2 THAT'S HOW WE KNOW WHAT IS COMING.

3 EVERYTHING MR. PANISH PUT UP IN HIS OPENING

4 STATEMENT, ALL THE EXHIBITS, THE PICTURES, THE VISUALS,

5 THE VIDEOS, WE HAVE HAD THAT FOR A LONG TIME. EVERYONE

6 HAS EXCHANGED THAT LONG AGO.

7 MEDICAL RECORDS, SURGERY RECORDS, MEDICAL

8 BILLS, RECORDS REGARDING HIS THERAPY, HIS RECOVERY, HIS

9 SURGERIES HE'S HAD TO IMPROVE THE APPEARANCE OF HIS

10 SCARS, HIS RECORDS FROM THE MILITARY, HIS INCOME

11 RECORDS, ALL OF THAT WE'VE HAD AND EXCHANGED A LONG TIME

12 AGO. THAT'S WHY WE KNOW IT'S COMING.

13 THERE HAVE BEEN DEPOSITIONS OF EYE WITNESSES,

14 POLICE OFFICERS, TREATING DOCTORS, MR. LO, MRS. LO, AND

15 THE EXPERTS THEY HAVE HIRED. THOSE HAVE ALL TAKEN

16 PLACE. SO THAT'S KIND OF WHAT WE KNOW.

17 SO BEFORE I STOOD UP AND STARTED TALKING TO

18 SOME OF YOU ON MONDAY, BOTH SIDES HAD THAT INFORMATION.

19 WE KNEW IT ALL, AND WE KNOW WHAT IS COMING OUT. IT JUST

20 LEADS TO THAT QUESTION: WHAT IS FAIR AND REASONABLE?

21 AND THAT'S THE ONE THING WE CAN'T AGREE ON WHAT THIS

22 EVIDENCE LEADS TO TO ANSWER THAT QUESTION.

23 SO LET ME GO THROUGH AND SHOW YOU SOME MORE OF

24 THE EVIDENCE THAT I THINK YOU WILL RECEIVE IN THIS CASE.

25 IT'S MY INDICATION OF WHAT IS COMING.

26 SO, IN THIS CASE, HERE IS SOME OF THE EVIDENCE

27 YOU ARE GOING TO SEE, WHAT THE EVIDENCE WILL SHOW.

28 I TOLD YOU FROM THE BEGINNING, I'M AFFIRMING IT

Page: 18 (59 - 62)


Page 62 1 NOW, THE GAS COMPANY IS RESPONSIBLE FOR THE ACCIDENT.

2 THE EVIDENCE IS GOING TO SHOW AT THE END OF

3 THIS CASE, WHEN YOU ARE FILLING OUT THAT VERDICT FORM,

4 THE GAS COMPANY SHOULD PAY THE PLAINTIFFS THE

5 COMPENSATORY DAMAGES THAT ARE FAIR AND REASONABLE.

6 OKAY? THAT'S GOING TO BE CONSISTENT WITH THE EVIDENCE

7 AND THE LAW.

8 I TOLD YOU NO ONE IS BLAMING MR. LO FOR THIS

9 ACCIDENT. THE ISSUE THAT HE WAS ON A MOTORCYCLE,

10 ANYTHING, OUT. I TOLD YOU THAT IS OUT. WE ARE NOT

11 BLAMING HIM ONE IOTA.

12 I TOLD YOU MR. LO'S INJURIES WERE VERY

13 SIGNIFICANT. I TOLD YOU THAT IN JURY SELECTION. I AM

14 TELLING YOU THAT NOW. YOU HAVE SEEN THE PICTURES

15 ALREADY.

16 HERE'S ANOTHER THING. ALL OF THE MEDICAL CARE

17 MR. LO HAS RECEIVED SO FAR HAS BEEN REASONABLE; IT'S

18 BEEN NECESSARY.

19 AND I AM STANDING HERE BEFORE -- TELLING YOU,

20 AT THE END OF THIS CASE, HE SHOULD RECEIVE COMPENSATION

21 FOR FUTURE CARE. HE NEEDS IT. HE DESERVES IT. AND THE

22 EVIDENCE IS GOING TO SUPPORT AWARDING DAMAGES FOR IT.

23 WE JUST HAVE A SLIGHT DISAGREEMENT - IT'S NOT HUGE - ON

24 WHAT THAT FUTURE CARE IS AND THE COST OF IT.

25 THE AMOUNTS KIND OF -- IT ADDS UP TO A

26 SIGNIFICANT DOLLAR IN THE DISPUTE, BUT IT'S NOT -- I'LL

27 JUST LEAVE IT THIS WAY.

28 WE ACKNOWLEDGE HE SHOULD BE COMPENSATED FOR

Page 63 1 FUTURE CARE, FOR LIFETIME FUTURE CARE, AND WE'LL PRESENT

2 EVIDENCE ON THAT, AS WILL THEY.

3 HERE'S WHAT THE EVIDENCE IS GOING TO SHOW.

4 MR. LO'S PAST MEDICAL BILLS TOTAL $453,000. IN

5 FACT, YOU ARE GOING TO HEAR THAT'S BEEN AGREED TO; NOT

6 EVEN IN DISPUTE. WE HAVE REACHED AN AGREEMENT ON THAT.

7 PAST MEDICAL BILLS FROM FEBRUARY 13TH TO TODAY TOTAL

8 $453,000, AND MY CLIENT OWES THAT.

9 AT THE END, WHEN YOU FILL OUT THAT VERDICT

10 QUESTIONNAIRE, WHERE IT SAYS "PAST MEDICAL BILLS,"

11 THAT'S THE NUMBER YOU WILL BE WRITING BY AGREEMENT OF

12 ALL COUNSEL, AND MY CLIENT SHOULD PAY THAT.

13 WHAT THE EVIDENCE WILL SHOW.

14 MR. LO WAS OFF WORK FROM FEBRUARY 14TH --

15 THAT'S THE DAY AFTER THE ACCIDENT. HE OBVIOUSLY DIDN'T

16 SHOW UP TO WORK -- FEBRUARY 14, 2017, TO

17 AUGUST 31, 2017. TOTALLY REASONABLE. HE SHOULD HAVE

18 BEEN OFF. AND THEN HE RETURNS TO WORK SEPTEMBER 1.

19 NOW, THE JOB HE HAD, YOU ARE GOING TO HEAR, AT

20 THE BASE, WAS A REQUISITIONS JOB. THERE'S MORE TO IT.

21 I AM OVERSIMPLIFYING IT. BUT IT IS A JOB WHERE YOU WORK

22 AT A DESK, AND IT IS COMPUTER, PAPERWORK, REQUISITIONS,

23 AND HE WAS GOOD AT IT, AND THAT WAS HIS JOB.

24 SO THE DESK JOB HE HAD BEFORE THE ACCIDENT WAS

25 THE JOB HE RETURNED TO ON SEPTEMBER 1, 2017, WHEN HE IS

26 BACK TO WORK.

27 THERE'S A SLIGHT DISAGREEMENT ON THE AMOUNT,

28 BUT WE OWE HIM FOR THAT LOST INCOME. WE OWE IT. AT THE

Page 64 1 END, YOUR ARE GOING TO HAVE A LINE FOR THAT. MY CLIENT

2 OWES THAT.

3 BOTH SIDES HAVE WHAT ARE CALLED FORENSIC

4 ECONOMISTS THAT TAKE THE BILLS, TRY TO FIGURE HOW MUCH

5 YOU LOSE, HOW MUCH WAS OFFSET BY TIME GOING BACK TO

6 WORK. THEY'LL EXPLAIN IT TO YOU. THEY WILL DO BETTER

7 THAN I CAN.

8 BUT WE BELIEVE THE EVIDENCE IS GOING TO SHOW

9 THAT HIS PAST LOST INCOME TOTALS -- I'M GOING TO JUST

10 SAY IT'S $73,000. THAT'S -- THE ECONOMIST GAVE EXACT

11 NUMBER, EXACT DOLLARS, BUT IT'S $73,000 FOR THAT PAST

12 LOST INCOME WHEN HE WAS OFF WORK FROM THE DATE OF THE

13 ACCIDENT TO SEPTEMBER 1.

14 AND I ACTUALLY THINK IT GOES BEYOND THAT,

15 BECAUSE I THINK HE CAME BACK TO IT PART TIME AND THEN

16 BROUGHT IT UP TO FULL TIME. THEY HAVE ALREADY ACCOUNTED

17 FOR THAT.

18 YOU ARE GOING TO HEAR THE PLAINTIFFS HAVE AN

19 ECONOMIST, JUST LIKE WE HAVE AN ECONOMIST. THEIR

20 ECONOMIST LOOKED AT ALL OF THE RECORDS FOR MR. LO, AND

21 HERE'S WHAT THEIR ECONOMIST THAT THEY HIRED WILL TELL

22 YOU:

23 IN 2017, MR. LO WAS EARNING $9,560 PER MONTH IN

24 HIS JOB. THEIR ECONOMIST WILL TELL YOU THAT SHE HAS

25 LOOKED AT HIS RECORDS, AND THIS YEAR, IN 2018, HE'S NOW

26 EARNING $9,834 PER MONTH AT HIS JOB.

27 THEIR ECONOMIST WILL TELL YOU MR. LO IS WORKING

28 NOW. AND ACCORDING TO MR. LO'S EXPERTS - THIS IS THEIR

Page 65 1 ECONOMIST, WHO HAS RUN THE NUMBERS - MR. LO WILL, IN

2 FACT, CONTINUE TO WORK THROUGH HIS WORK-LIFE, AND HE IS

3 GOING TO EARN OVER THAT WORK-LIFE - AND, AGAIN, THIS IS

4 THEIR EXPERT, NOT OURS - HE IS GOING EARN TO $3,993,991

5 OR $3,470,349 IN THE FUTURE.

6 WHY DO THE -- THERE'S A DIFFERENCE OF ABOUT

7 500,000. I THINK MR. PANISH HAD THE RIGHT NUMBER.

8 522,000. WHY?

9 ONE OF THEIR MEDICAL EXPERTS SAYS IT IS

10 POSSIBLE, POSSIBLE, DUE TO PAIN AND ISSUES HE MIGHT HAVE

11 WAY IN THE FUTURE, THAT HE MAY LEAVE THE WORKFORCE FIVE

12 YEARS EARLY. THAT'S THE DIFFERENCE.

13 IF HE LEAVES THE WORKFORCE FIVE YEARS EARLY,

14 IT'S THE $3.47 MILLION NUMBER INSTEAD OF THE

15 $3.9 MILLION NUMBER.

16 SO THIS IS WHAT THEIR EXPERT CALCULATED.

17 ACCORDING TO THEIR EXPERT, IF MR. LO WORKS TO

18 AGE 66, WHICH IS WE USE STATISTICAL WORK-LIFE

19 EXPECTANCY, WHAT IS THE AVERAGE PERSON OF HIS AGE,

20 EDUCATION, BACKGROUND -- WHAT IS THE AVERAGE STATISTICAL

21 WORK-LIFE. THAT'S WHAT THEIR EXPERT USES.

22 IF HE WORKS TO AGE 66, HIS LOSS OF INCOME DUE

23 TO THE ACCIDENT -- LOSS OF INCOME IN THE FUTURE WILL BE

24 ZERO. THIS IS FROM THEIR EXPERTS' REPORT.

25 AND IF HE WORKS TO AGE 61, LEAVES FIVE YEARS

26 EARLY, HIS TOTAL LOSS OF INCOME WILL BE $523,642. SO

27 FUTURE LOST INCOME GOING FORWARD IS EITHER ZERO OR THAT

28 NUMBER 523,000.

Page: 19 (63 - 66)


Page 66 1 SO MR. PANISH PUT UP THE $523,642. WE GET THE

2 SAME NUMBER FROM THEIR ECONOMIST. THAT'S WHERE IT COMES

3 FROM.

4 MR. PANISH -- MR. PANISH INDICATED ABOUT THE

5 FUTURE.

6 IF MR. LO LEAVES THE AIR FORCE, WHERE WILL HE

7 BE? THE EVIDENCE IS GOING TO SHOW YOU THAT BEFORE THIS

8 ACCIDENT MR. LO CLAIMS HE WAS THINKING ABOUT LEAVING THE

9 MILITARY; WASN'T SURE YET. AND HE HAD BEEN PRESENTED

10 WITH A JOB OFFER FROM A CIVILIAN COMPANY THAT CONTRACTED

11 WITH THE AIR FORCE TO DO REQUISITIONS.

12 AND MR. LO WILL TELL YOU THAT HE HAD RECEIVED A

13 JOB OFFER TO GO WORK FOR THEM ON A DESK JOB DOING

14 REQUISITIONS.

15 THE EVIDENCE WILL BE MR. LO CHOSE TO STAY IN

16 THE MILITARY WHERE HE IS WORKING NOW. WHERE HE IS STILL

17 WORKING NOW. AND WHERE NO ONE HAS SAID, "YOU ARE

18 GETTING KICKED OUT." THAT'S WHAT THE EVIDENCE WILL BE.

19 NOW, MR. PANISH MENTIONED THIS, SO I AM GOING

20 TO MENTION IT.

21 IN OCTOBER 2017, MR. AND MRS. LO WERE ABLE TO

22 TRAVEL TO AND VACATION IN EUROPE. YOU ARE GOING TO HEAR

23 ABOUT THAT. AM I TELLING YOU THIS BECAUSE I AM

24 SUGGESTING THE EVIDENCE IS GOING TO BE HE WAS ALL BETTER

25 BY OCTOBER 2017? I AM NOT. I AM NOT.

26 I AM TELLING YOU THIS BECAUSE IF YOU LOOK AT

27 THE EVIDENCE ON THE TIMELINE OF HIS RECOVERY, YOU WOULD

28 SEE IN OCTOBER 2017, THEY FLEW FROM L.A. OVER TO EUROPE

Page 67 1 AND SPENT A COUPLE OF WEEKS TOURING AND VACATIONING

2 THROUGH A COUPLE OF COUNTRIES IN EUROPE. AND I AM JUST

3 SAYING THIS IS PART OF THE PROGRESSION OF HIS RECOVERY.

4 THE EVIDENCE IS GOING TO SHOW HE IS NOT ALL

5 BETTER. HE ISN'T ALL CURED. AND HE'S NEVER GOING TO BE

6 BACK TO ONE HUNDRED PERCENT; I'M NOT SUGGESTING THAT.

7 YOU ARE GOING TO HEAR THERE ARE SOME MARKERS IN

8 HIS LIFE WHERE THEY ARE STARTING TO RETURN TO SOME SIGNS

9 OF LIVING A GOOD LIFE AND SOME NORMALCY.

10 I WANT TALK TO YOU A LITTLE BIT ABOUT SOME OF

11 THE MEDICAL DOCTORS IN THIS CASE YOU ARE GOING TO HEAR

12 FROM.

13 FIRST THERE'S A DOCTOR NAMED MATTHEW REISS.

14 COUPLE OF THINGS TO EXPLAIN FIRST. SOMETIMES

15 YOU ARE GOING TO HEAR FROM TREATING DOCTORS. DOCTORS

16 THAT SAW HIM IN THE HOSPITAL OR HE'S GONE FOR CARE, NOT

17 HIRED BY PLAINTIFFS' COUNSEL OR NOT HIRED BY US. THEY

18 ARE THE TRUE TREATING DOCTORS THAT COME IN.

19 BOTH SIDES HAVE THE RIGHT TO HIRE MEDICAL

20 EXPERTS TO GIVE THEM COUNSEL AND GIVE INPUT ON THE CASE

21 AND TO HELP YOU OUT. TOTALLY WITHIN THE RULES.

22 DR. REISS IS A TREATING DOCTOR. HE WASN'T

23 HIRED BY OUR SIDE. HE WASN'T HIRED BY THEIR SIDE. HE

24 IS A TREATER FOR MR. LO.

25 AND YOU ARE GOING TO HEAR A COUPLE OF THINGS.

26 DR. REISS WILL TELL YOU THAT, FIRST OF ALL, HE

27 IS A PLASTIC SURGEON, AS YOU SEE FROM THE TITLE.

28 HE PERFORMED WHAT IS CALLED A EXCISION AND SCAR

Page 68 1 REVISION SURGERY ON MR. LO'S RIGHT LEG, ON THAT BACK LEG

2 THAT YOU HAVE SEEN THE PICTURES OF, ON MAY 18TH, 2018.

3 AND HE TOLD US, WHEN WE TOOK HIS DEPOSITION,

4 THAT THE MAY 18, 2018, SURGERY WAS A SUCCESS. AND

5 MR. LO IS MAKING A GOOD RECOVERY FROM THAT SURGERY.

6 AND WHAT YOU ARE GOING TO HEAR IS WHEN HE WENT

7 IN FOR THAT SURGERY AN INFECTION DEVELOPED, AND THEY HAD

8 TO KEEP HIM A COUPLE OF EXTRA DAYS TO CONTROL THE

9 INFECTION.

10 AND HE'LL TELL YOU THAT HE HAS GOT A PLAN FOR A

11 FEW MORE SURGERIES FOR MR. LO TO TRY TO GET -- REMEMBER

12 THE PICTURE YOU SAW. HE SAYS, "I CAN TRY TO MAKE IT

13 LOOK BETTER AND BETTER. PROBABLY ABOUT FOUR ADDITIONAL

14 SURGERIES."

15 AND HE IS GOING TO SAY HE IS AT RISK. MR. LO

16 IS AT RISK FOR INFECTION. HE CAN'T JUST DO IT IN A

17 SURGICAL CENTER LIKE AN OUTPATIENT. BRING HIM TO THE

18 HOSPITAL. DO THE SURGERY. AND KEEP HIM OVERNIGHT. AND

19 WHEN EVERYTHING IS GOOD. YOU LET HIM GO HOME THE NEXT

20 DAY. AND THAT'S WHAT HE HAS PLANNED.

21 AND MR. LO IS WORKING WITH DR. REISS -- YOU ARE

22 GOING TO HEAR IT. THEY HAVE GOT A PLAN TO DO THESE

23 SURGERIES IN THE NEXT TWO TO THREE YEARS, TO TRY TO TAKE

24 WHATEVER IT LOOKS LIKE TODAY AND MAKE IT LOOK LESS

25 SEVERE AND LESS SCARRING AS YOU SEE NOW.

26 NOW, MR. PANISH PUT UP A TIMELINE OR PUT UP

27 SOME DATES. I WANT TO ADD SOMETHING IN BECAUSE YOU HAVE

28 A DATE HERE. YOU SEE THE DATE MAY 18, 2018.

Page 69 1 THE LAST TIME HE HAD -- HAD BEEN HOSPITALIZED

2 FOR ANY -- ANYTHING HAVING TO DO WITH THIS ACCIDENT,

3 PRIOR TO MAY 18, 2018, WAS APRIL 10 THROUGH 1, 2017.

4 SO THERE'S A TIME PERIOD FROM APRIL 12, 2017,

5 WHEN THERE IS NO GOING BACK TO THE HOSPITALS, NO

6 INFECTIONS, NO COMPLICATIONS, NO RELAPSES. AND NOW WE

7 START GOING INTO THE, "LET'S DO SURGERY TO TRY TO MAKE

8 IT LOOK BETTER. LET'S MAKE IT LOOK BETTER. LET'S TRY

9 TO GET YOU A LITTLE MORE FLEXIBILITY IN THAT LEG."

10 DR. REISS WILL TELL YOU, AND I AM GOING TO TELL

11 YOU, HE IS NOT GOING TO MAKE MR. LO ALL BETTER. THAT IS

12 NOT GOING TO BE GONE. HE WILL ALWAYS HAVE SCARRING.

13 DR. REISS IS GOING TO TESTIFY, "WE CAN MAKE IT

14 LOOK BETTER THAN IT DOES TODAY. AND AFTER MY NEXT

15 SURGERY, THE SECOND AFTER THAT, IT WILL MAKE IT BETTER

16 THAN THE FIRST SURGERY." EACH ONE IS DESIGNED TO MAKE

17 IT LOOK LESS SEVERE THAN WHAT YOU SAW IN THE PICTURES.

18 DR. REISS AND MR. LO HAVE DISCUSSED A FUTURE

19 SURGERY SCHEDULE FOR THE NEXT TWO TO THREE YEARS. THE

20 GOAL -- DR. REISS TOLD US THIS. THE GOAL OF THE FUTURE

21 SURGERIES IS TO IMPROVE THE APPEARANCE OF THE SCARS.

22 AND THEN WE ASKED DR. REISS, "WHAT TO DO YOU

23 THINK -- I MEAN, EVERYONE CAN TRY. DO YOU THINK THIS

24 WILL WORK AND HELP HIM OUT?"

25 AND DR. REISS TOLD US THAT HE BELIEVES THAT THE

26 FUTURE SURGERIES WILL, IN FACT, IMPROVE THE APPEARANCE

27 OF THE SCARS, AND THOSE FUTURE SURGERIES SHOULD BE

28 PROVIDED TO HIM. WE DON'T DISPUTE THAT. THE COST OF

Page: 20 (67 - 70)


Page 70 1 THOSE SHOULD BE AWARDED TO HIM. WE DON'T DISPUTE THAT.

2 HE SHOULD GET THIS TREATMENT. WE WANT HIM TO

3 GET THIS TREATMENT. SO THE COST OF THAT SHOULD BE

4 INCLUDED IN YOUR AWARD AT THE END OF THE CASE.

5 WE DID CONSULT WITH A PLASTIC SURGEON BECAUSE

6 YOU'LL SEE DR. REISS CAME IN RELATIVELY RECENTLY IN THE

7 CHRONOLOGY.

8 SO WE CONTACTED AND CONSULTED WITH A DR. MIKE

9 BRONES. HE, LIKE DR. REISS, IS A PLASTIC SURGEON. LET

10 ME TELL YOU A LITTLE BIT ABOUT HIM. DR. BRONES HAS BEEN

11 PRACTICING PLASTIC SURGERY FOR 38 YEARS. HE IS WHAT IS

12 CALLED BOARD CERTIFIED.

13 BOARD CERTIFICATION MEANS YOU GO TO MEDICAL

14 SCHOOL. YOU GRADUATE MEDICAL SCHOOL. YOU DO AN

15 INTERNSHIP. YOU DO RESIDENCY. AND YOU START PRACTICING

16 AND YOU ARE OUT THERE. YOU ARE A DOCTOR.

17 BUT DOCTORS CAN THEN GO ON TO SPECIALIZE AND

18 GET ADDITIONAL TRAINING IN THEIR FIELD BE CERTIFIED BY A

19 BOARD EXAMINING AGENCY. YOU HAVE TO SIT DOWN, SHOW YOUR

20 EXPERIENCE, SHOW YOUR RÉSUMÉ OF WHAT YOU HAVE BEEN

21 PRACTICING, AND THEN ACTUALLY SIT FOR A SET OF BOARD

22 EXAMINATIONS, AND PASS THEM. HE DID IT. SO HE IS BOARD

23 CERTIFIED IN PLASTIC SURGERY.

24 THE EVIDENCE WILL BE THAT WE SENT HIM ALL OF

25 MR. LO'S SCAR AND PLASTIC SURGERY RECORDS. WE SENT HIM

26 ALL THE PICTURES. WE SAID, "TELL US WHAT YOU THINK.

27 TELL US WHAT YOU THINK ABOUT THIS SITUATION."

28 WE ALSO ASKED DR. BRONES TO EXAMINE MR. LO. SO

Page 71 1 DR. BRONES EXAMINED MR. LO ON DECEMBER 18, 2017, AND SAW

2 THE SCARS. HE LOOKED AT EVERYTHING. THE ONES ON HIS

3 LEFT LEG, BACK, RIGHT LEG. HE LOOKED AT EVERYTHING.

4 AND WHEN DR. BRONES TESTIFIES, HERE'S WHAT HE

5 WILL TELL YOU:

6 BACK ON DECEMBER 18, 2017 - NOTICE THE DATE -

7 DR. BRONES RECOMMENDED THAT MR. LO UNDERGO A SURGICAL

8 EXCISION PROCEDURE FOR THE SCARRING BEHIND HIS RIGHT

9 LEG. HE RECOMMENDED THAT BACK AT THE END OF 2017.

10 REMEMBER ABOUT DR. REISS, THE SLIDE I SHOWED

11 YOU? MR. LO UNDERWENT THAT EXACT SURGERY DR. BRONES

12 RECOMMENDED ON MAY 18, 2018, BY DR. REISS.

13 DR. BRONES AND DR. REISS WEREN'T WORKING

14 TOGETHER. DR. BRONES RECOMMENDED IT. DR. REISS CAME UP

15 WITH IT. DR. REISS DID IT. THAT'S THE ONE DR. REISS

16 SAID WAS SUCCESSFUL.

17 LIKE DR. REISS, DR. BRONES BELIEVES THE

18 APPEARANCE OF THE SCARES ON MR. LO'S LEG CAN BE

19 IMPROVED. LEST I BE ACCUSED OF TRYING TO POO-POO THIS,

20 I WANT TO BE VERY CLEAR: IMPROVED. IT WILL NOT GO AWAY

21 COMPLETELY EVER. BUT IT COULD BE IMPROVED, AND THAT'S

22 THE GOAL.

23 ANOTHER THING. LIKE DR. REISS, DR. BRONES

24 BELIEVES THE APPEARANCE OF THE SCARS ON MR. LO'S BACK --

25 THERE WERE SOME GRAFTS TAKEN FROM HIS BACK. YOU ARE

26 GOING TO SEE THOSE.

27 HE BELIEVES THEY COULD BE IMPROVED WITH

28 SOMETHING CALLED INJECTIONS TO TRY TO REDUCE THE

Page 72 1 DISCOLORATION AND OTHER THINGS. AND HE'LL EXPLAIN THAT.

2 IT'S ALL MEDICAL EXPERT TESTIMONY, AND WE'LL COVER THAT.

3 NOW, LIKE MR. PANISH, I WANT TO PUT UP A COUPLE

4 OF PICTURES. YOU SAW TWO VERY GRAPHIC PICTURES OF WHAT

5 THE LEG LOOKED LIKE RIGHT AFTER THE ACCIDENT. AND THEN

6 WE HAVE THESE. WE KNOW THE DATES ON THESE. [ATTORNEY

7 INDICATES MONITOR].

8 FIRST YOU HAVE THE ONE DATED JUNE 22, 2017.

9 AND, YOUR HONOR, FOR THE RECORD, I HAVE PUT ON

10 THE SCREEN EXHIBIT 44-1.

11 THIS WAS TAKEN JUNE 22, 2017, AND YOU ARE

12 LOOKING, OBVIOUSLY, ON THE RIGHT SIDE OF THIS PICTURE,

13 THE RIGHT LEG. THIS IS THE ONE THAT WAS TORN OPEN,

14 RIPPED OPEN THAT YOU SAW ON THE OPERATING TABLE.

15 AND YOU'LL REMEMBER FROM THE FRONT IT APPEARED

16 TO BE TORN OPEN KIND OF ON THE RIGHT THIGH AREA RIPPED

17 OPEN. AND WHEN HE'S LYING ON HIS STOMACH, YOU COULD SEE

18 IT WAS TORN OPEN ON THE BACK OF THE LEG. AND IT'S THAT

19 BACK OF THE LEG YOU ARE LOOKING AT RIGHT NOW IN THIS

20 PICTURE THAT HAD BEEN TORN OPEN WHERE THE DOCTOR IS.

21 THEN FOR A LITTLE COMPARISON, WE MOVE FORWARD

22 TO MAY 23, 2018. THIS IS NOW WE HAVE STARTED THE SCAR

23 REVISION PROCEDURES TO TRY TO MAKE HIM LOOK LESS DARK.

24 YOU CAN COMPARE LEFT LEG TO LEFT LEG AND COMPARE THE

25 RIGHT LET TO THE RIGHT LEG.

26 AND THIS IS AFTER DR. REISS HAS PERFORMED

27 SURGERY, THE FIRST OF ABOUT FOUR OR SIX PROCEDURES HE

28 WANTS TO DO TO TRY TO KEEP IMPROVING THE CONDITION. IT

Page 73 1 IS A WORK-IN-PROGRESS TO TRY TO GET IT IMPROVED.

2 ANOTHER PICTURE -- I THINK MR. PANISH MAY HAVE

3 PUT THIS UP.

4 THIS IS EXHIBIT 43-9, YOUR HONOR, ON THE

5 SCREEN.

6 THE FRONT OF MR. LO'S LEG. AND THIS WAS TAKEN

7 IN 2017. OBVIOUSLY, IT'S TURNED AROUND FROM YOUR VIEW;

8 SO RIGHT LEG IS ON THE LEFT, LEFT LEG ON THE RIGHT.

9 AND YOU REMEMBER -- YOU CAN START SEEING THE

10 CHANGES IN THE SCARRING.

11 THERE WAS A PICTURE THAT MR. PANISH SHOWED YOU

12 WHERE THERE WAS A LONG SCAR DOWN -- WITH STITCHES GOING

13 ACROSS IT AND DOWN THE SHIN, AND YOU CAN SEE HOW IT IS

14 STARTING TO IMPROVE AND THE DOCTORS STARTING TO DEAL

15 WITH THOSE PROCEDURES.

16 A FEW MORE DOCTORS THAT WE'LL TALK ABOUT.

17 I WANT TO INTRODUCE YOU TO DR. FRED NICOLA.

18 AND DR. --

19 REMEMBER THERE'S AN ORTHOPEDIC INJURY HERE.

20 WELL, THERE ARE SEVERAL ORTHOPEDIC INJURIES. THE

21 BIGGEST WAS THE BROKEN FEMUR AND THE SHOULDER INJURIES.

22 THERE ARE BROKEN BONES AND INJURED BONES HERE, AND

23 THAT'S WHEN YOU GET AN ORTHOPEDIST OR ORTHOPEDIST

24 EXPERT.

25 DR. NICOLA WAS CONSULTED BY US, RETAINED BY US

26 TO LOOK AT THIS CASE AND TELL US WHAT HE THOUGHT. HE

27 HAS BEEN A PRACTICING ORTHOPEDIC SURGEON FOR 40 YEARS.

28 HE, TOO, IS BOARD CERTIFIED IN HIS SPECIALTY, WHICH IS

Page: 21 (71 - 74)


Page 74 1 ORTHOPEDIC SURGERY.

2 HE REVIEWED ALL OF MR. LO'S ORTHOPEDIC RECORDS.

3 AND LIKE DR. BRONES, WE ARRANGED FOR HIM TO EXAMINE

4 MR. LO, SO HE PERFORMED AN EXAMINATION.

5 UNDER THE RULES, A DEFENSE EXPERT IS ALLOWED TO

6 LOOK -- TO DO ONE EXAMINATION, AND HE DID.

7 MR. PANISH: OBJECTION, YOUR HONOR. THAT IS

8 NOT THE LAW, AND IT'S JUST IMPROPER.

9 MR. FOX: ONE EXAMINATION?

10 MR. PANISH: IT'S NOT THE LAW.


12 MR. FOX: HE DID -- HE DID HIS EXAMINATION OF

13 THE PLAINTIFF ON DECEMBER 18, 2017. AND HERE'S WHAT

14 HE'LL TELL YOU.

15 THERE WAS A QUESTION THAT CAME UP: "WOULD

16 MR. LO NEED TO UNDERGO SURGERIES FOR INJURIES TO HIS

17 HIP, INJURIES TO THE RIGHT KNEE?"

18 BECAUSE HE HAD SOME TORN LIGAMENTS IN THE RIGHT

19 KNEE. AND HE HAD A SEVERELY INJURED ANKLE IN THIS

20 ACCIDENT, THE RIGHT ANKLE.

21 SO THE QUESTION WAS, "WHAT DOES HE NEED IN THE

22 FUTURE, AND DOES HE NEED FUTURE SURGERIES," MORE

23 SURGERIES IN THE FUTURE THAN HE'S ALREADY HAD.

24 AND HERE IS WHAT DR. NICOLA CAME UP WITH AFTER

25 LOOKING AT EVERYTHING, LOOKING THE RECORDS, LOOKING AT

26 X-RAYS, AND LOOKING AND EXAMINING MR. LO: THAT IN THE

27 FUTURE, HE DOES NOT NEED TO UNDERGO MORE KNEE, HIP, OR

28 ANKLE SURGERIES; IN THE FUTURE, HE DOES NOT.

Page 75 1 WE THEN SAID, "WELL, HE'S GOT" --

2 THEY PUT -- TO STABILIZE THE RIGHT FEMUR

3 FRACTURE, THEY PUT WHAT'S CALLED A HARDWARE AND A ROD.

4 IT'S A ROD THAT GOES INTO STABILIZE THE BONE. THEY PUT

5 SCREWS AND PLATES ON IT. AND SOMETIMES THEY CAN STAY,

6 AND SOMETIMES THEY HAVE TO COME OUT. IT DEPENDS ON THE

7 PERSON, THE AGE, THE INJURY.

8 WE SAID, "WHAT -- WHAT DO YOU THINK ABOUT

9 THAT?"

10 AND HE CAME BACK AND SAID IN HIS MEDICAL EXPERT

11 OPINION, BASED ON HIS 40 YEARS OF PRACTICE, THAT ROD AND

12 THE HARDWARE INSTALLED IN MR. LO'S RIGHT LEG DO NOT NEED

13 TO BE REMOVED. THERE WILL BE NO FURTHER SURGERY FOR

14 THAT.

15 AND THEN WE SAID, "OKAY, THIS MAN WENT THROUGH

16 A SEVERE INJURY AND SEVERE ACCIDENT. CAN HE WORK? WHAT

17 DO YOU THINK? CAN HE WORK AT HIS JOB THAT HE HAD

18 BEFORE?"

19 AND DR. NICOLA EXAMINED MR. LO, TALKED TO HIM,

20 READ HIS DEPOSITION, FOUND OUT WHAT HIS WORK EXPERIENCE

21 WAS, AND SAID, "HE WILL BE ABLE TO CONTINUE TO WORK THE

22 REST OF HIS LIFE AS HE DOES KNOW."

23 SO YOU ARE GOING TO HEAR, WHEN YOU HEAR THE

24 EXPERTS, EVEN SOME OF THEIRS AND SOME OF OURS WILL AGREE

25 HE CAN WORK HIS FULL LIFE, AND THERE MAY BE ONE BY THE

26 PLAINTIFF THAT SAYS HE MIGHT HAVE TO STOP FIVE YEARS

27 EARLIER.

28 NOW, AS YOU SAW FROM THE PICTURE, AND

Page 76 1 MR. PANISH CORRECTLY SAID, THERE WERE INJURIES TO HIS

2 VEINS, TO THE FEMORAL ARTERY.

3 SO WHEN YOU HAVE THAT KIND OF AN INJURY, YOU

4 TALK TO SOMEONE WHO IS A VASCULAR SURGEON, THE DOCTORS

5 THAT GO AND PUT THOSE VEINS BACK TOGETHER.

6 WE SAID, "OKAY, WHAT HAPPENED AS A RESULT OF

7 THAT BLOOD FLOW LOSS? AND WHAT DOES THAT MEAN FOR THE

8 FUTURE FOR HIM?"

9 SO WE HAD TO CONTACT A DIFFERENT DOCTOR. AN

10 ORTHOPEDIST DOESN'T DO THAT. A PLASTIC SURGEON DOESN'T

11 DO THAT. SO WE CONTACTED A VASCULAR SURGEON NAMED

12 HEATHER BRIEN.

13 DR. BRIEN IS BOARD CERTIFIED, AND SHE HAS A

14 FELLOWSHIP WHERE SHE TRAINED IN VASCULAR SURGERY. SHE

15 HAS BEEN PRACTICING VASCULAR SURGERY FOR 26 YEARS. AND

16 DR. BRIEN WILL TELL YOU, IN HER EXPERT OPINION, THE

17 BYPASS GRAFT SURGERY TO TRY TO REPAIR THIS LEG THAT WAS

18 DONE AT HARBOR-UCLA ON FEBRUARY 13, 2017, TO SUSTAIN THE

19 BLOOD FLOW IN THE LEG WAS A SUCCESS.

20 AGAIN, THIS IS WHERE WE AGREE: FANTASTIC WORK

21 DONE BY THE SURGEONS AT HARBOR-UCLA. AND THAT

22 CONTINUES.

23 THAT BYPASS, YOU'LL HEAR ABOUT, PROVIDES BLOOD

24 FLOW THAT IS WORKING, AND IT WILL WORK IN HIS LEG FOR

25 THE REST OF HIS LIFE.

26 AND THE SECOND THING SHE'LL TELL YOU IS, AND, I

27 THINK, EVEN MR. PANISH MENTIONED IN HIS OPENING AND

28 AGREES, THE SWELLING IN MR. LO'S LEG CAN BE CONTROLLED

Page 77 1 THROUGH THE USE OF COMPRESSION STOCKINGS. AND THAT WAS

2 A RECOMMENDATION MADE BY ONE OF HIS TREATING DOCTORS.

3 AND DR. BRIEN LOOKED AT THAT AND LOOKED AT THIS

4 CASE AND SAID, "I AGREE. THAT IS THE RIGHT WAY FOR HIM

5 TO CONTROL THE SWELLING IN HIS LEG."

6 NOW, IN HIS OPENING STATEMENT - BECAUSE,

7 REMEMBER, WE HAVE THE LITTLE THING HERE, REALTIME, SO

8 THE COURT REPORTER IS THE TYPING, AND WE CAN READ IT AND

9 IT COMES UP - MR. PANISH SAID --

10 MR. PANISH: YOUR HONOR, EXCUSE ME, THIS IS

11 ARGUMENTATIVE, WHAT I SAID, RESPONDING TO. THIS IS WHAT

12 THE EVIDENCE WILL SHOW, NOT WHAT --


14 MR. FOX: THE EVIDENCE WILL NOT SHOW IN THIS

15 CASE THAT RIGHT NOW, THE DOCTORS, OR MOST OF THEM, DON'T

16 THINK FOR SURE HE'S GOING TO NEED AN AMPUTATION.

17 THE EVIDENCE IS GOING TO SHOW THAT THERE'S NOT

18 ONE TREATING DOCTOR WHO HAS RECOMMENDED THAT MR. LO'S

19 LEG BE AMPUTATED. NOT ONE.

20 YOU ARE GOING TO SEE OR HEAR ABOUT VOLUMES OF

21 MEDICAL RECORDS FROM MR. LO IN THIS CASE, VOLUMES OF

22 MEDICAL REPORTS, VOLUMES OF DOCTOR REPORTS. NOT ONE --

23 THE COURT: THIS IS REALLY GETTING --

24 MR. PANISH: THIS IS TOTALLY ARGUMENTATIVE.

25 THE COURT: -- GETTING INTO ARGUMENT. LET'S

26 STICK TO WHAT THE EVIDENCE IS GOING TO SHOW --

27 MR. FOX: I SHALL, YOUR HONOR.

28 THE COURT: -- AND NO MORE CONCLUSORY.

Page: 22 (75 - 78)


Page 78 1 MR. FOX: I SHALL.

2 THE COURT: PROCEED.

3 MR. FOX: THE EVIDENCE WILL SHOW THERE IS NO

4 DOCTOR WHO HAS RECOMMENDED AMPUTATION. THE RECORD WILL

5 SHOW THERE IS NO MEDICAL RECORD RECOMMENDING AMPUTATION.

6 THE EVIDENCE WILL SHOW THERE IS NO REPORT BY ANY

7 TREATING DOCTOR RECOMMENDING LEG AMPUTATION FOR MR. LO.

8 ADDITIONALLY, SOME OF THE DOCTORS WHO ARE IN

9 THIS CASE, ON THIS ISSUE OF LEG AMPUTATION, HERE ARE

10 SOME OF THE DOCTORS.

11 THE PLAINTIFFS HIRED AN ORTHOPEDIC EXPERT NAMED

12 RICHARD EMMANUEL. HE'S AN ORTHOPEDIST. HE TREATS

13 BROKEN BONES.

14 DR. EMMANUEL WILL TELL YOU HE IS NOT

15 RECOMMENDING THAT THE LEG BE AMPUTATED NOW OR IN THE

16 FUTURE.

17 THE PLAINTIFFS HAVE A RETAINED VASCULAR SURGEON

18 EXPERT THEY HIRED NAMED WILLIS WAGNER, WHO LOOKED AT ALL

19 THE FEMORAL DAMAGE AND THE BLOOD AND THE ARTERIES THAT

20 WERE INJURED. AND DR. WAGNER WILL TESTIFY HE IS NOT

21 RECOMMENDING NOW OR IN THE FUTURE THAT THE RIGHT LEG BE

22 AMPUTATED.

23 AND, THEN, REMEMBER THE PLAINTIFFS' TREATING

24 PLASTIC SURGEON DR. REISS, WE ASKED HIM, "DO YOU THINK

25 HE SHOULD HAVE HIS LEG AMPUTATED FOR ANY REASON?"

26 AND HE SAID, "NO, I AM NOT RECOMMENDING THAT HE

27 HAVE THAT LEG AMPUTATED NOW OR IN THE FUTURE."

28 SO THE NOW-QUESTION IS: WHAT IS THE

Page 79 1 APPROPRIATE CARE IN THE FUTURE?

2 SO WHAT WE DID IS, WE WENT OUT AND HIRED

3 SOMEONE WHO PUTS SOMETHING CALLED TOGETHER CALLED A LIFE

4 CARE PLAN. IT'S JUST -- IT IS A GAME PLAN FOR THE

5 FUTURE: "WHAT DO YOU NEED, HOW OFTEN, AND WHAT IS THE

6 COST?"

7 AND SO WE WENT OUT AND RETAINED SOMEONE.

8 BECAUSE IN TREATING DOCTORS TREATING PEOPLE, YOU DON'T

9 HAVE SOMEONE WHO PUTS A LIFE CARE PLAN TOGETHER. SO

10 BOTH SIDES WENT OUT AND GOT LIFE CARE PLANNERS. BOTH

11 SIDES HIRED THEM. AND WE RETAINED A WOMAN NAMED

12 CAROL HYLAND.

13 A DETAILED PLAN FOR FUTURE MEDICAL CARE HAS

14 BEEN PREPARED BY CERTIFIED LIFE CARE PLANNING EXPERT

15 CAROL HYLAND WITH INPUT FROM FIVE DOCTORS. LET ME

16 UNPACK THAT A SECOND.

17 THERE ARE LIFE CARE PLANNERS, AND THOSE ARE WHO

18 HAVE GOTTEN TRAINING AND BEEN CERTIFIED AFTER HAVING

19 RECEIVED TRAINING IN LIFE CARE PLANNING. AND MS. HYLAND

20 WILL TELL YOU ABOUT ALL TRAINING AND ALL OF HER

21 CERTIFICATIONS. SHE HAS THAT.

22 AND THEN -- SHE IS NOT AN M.D., SO SHE GOES TO

23 THE DOCTORS AND SAYS, "WHAT ARE YOU RECOMMENDING"?

24 AND THEN WHAT SHE DOES IS, SHE PUTS THAT

25 TOGETHER AND SAYS, "LET ME FIGURE OUT WHAT IT COSTS,

26 WHAT THIS IS GOING TO COST MR. LO IN THE FUTURE." AND

27 SHE PUTS THAT TOGETHER.

28 THE LIFE CARE PLAN PREPARED BY MS. HYLAND

Page 80 1 IDENTIFIES ALL OF THE MEDICAL CARE MR. LO NEEDS AND

2 SHOULD RECEIVE IN THE FUTURE.

3 MR. PANISH: I'M GOING TO OBJECT. THAT'S

4 ARGUMENTATIVE.


6 MR. FOX: THE TOTAL COST OF THE LIFE CARE PLAN

7 PREPARED BY MS. HYLAND, HERE IS THE TOTAL COST OF IT, IS

8 $616,566 OR $761,018.

9 THERE ARE SOME VARIABLES IN THERE. THEY SAY,

10 "OKAY, IF IT DOESN'T PROGRESS THIS WAY, THEN HE'LL NEED

11 MORE TREATMENT. IF IT" -- SO THERE'S, BASICALLY,

12 "HERE'S WHAT HE NEEDS, BUT IF THINGS DON'T -- IF HE

13 DOESN'T RESPOND CERTAIN WAYS AND NEEDS ADDITIONAL

14 TREATMENT, OKAY, THERE'S GOING TO BE MORE."

15 SO WE HAVE BOTH OF THEM IN THERE; IT'S ONE OR

16 THE OTHER.

17 AND HOW DO WE KNOW THESE NUMBERS?

18 WE HAVE A FORENSIC ECONOMIST WHO TAKES HER

19 WHOLE PLAN AND ADDS UP ALL THE NUMBERS AND SAYS, "ALL

20 RIGHT. HERE'S WHAT IT COSTS, AND HERE'S WHAT IT IS

21 GOING TO COST OVER HIS LIFETIME."

22 AND THAT'S WHAT THE EVIDENCE IS GOING TO BE,

23 616,566 OR $761,018 FOR THE REST OF HIS LIFE FOR HIS

24 FUTURE CARE.

25 AT THE END OF THIS CASE, WHEN YOU ARE FILLING

26 OUT THAT VERDICT FORM, WE OWE THAT. WHATEVER NUMBER YOU

27 FIGURE OF THESE TWO IS THE RIGHT NUMBER --

28 MR. PANISH: OBJECTION. YOUR HONOR, THAT IS

Page 81 1 INACCURATE.


3 MR. PANISH: COULD HE BE ADMONISHED FOR THIS?

4 THE COURT: LET'S STAY AWAY FROM ARGUMENT --

5 MR. FOX: I SHALL, YOUR HONOR.

6 THE COURT: -- AND TALK ABOUT WHAT THE EVIDENCE

7 IS GOING TO SHOW.

8 MR. FOX: SO LET ME RE-CAP, THEN, WHAT THE

9 EVIDENCE GOING TO SHOW IN THE NUMBERS. HERE IS THE

10 NUMBERS.

11 ON THE PAST LOST INCOME, $72,999; ON THE PAST

12 MEDICAL BILLS NOT DISPUTED, $453,000; ON FUTURE INCOME

13 LOSS. HERE'S WHAT THE EVIDENCE IS GOING TO BE.

14 AS I TOLD YOU, THE PLAINTIFFS' OWN EXPERT SAY

15 HE'S GOING TO WORK FOR THE REST OF HIS LIFE, OR MAYBE

16 FIVE YEARS SHORT OF THE REST OF HIS LIFE. THAT'S THE

17 ISSUE. WE BELIEVE THAT HE IS GOING TO BE ABLE TO WORK

18 HIS ENTIRE REGULAR WORK-LIFE EXPECTANCY. HE'S BACK TO

19 WORK AND WORKING.

20 SO SINCE HE'S BACK TO WORK AND WORKING, AND

21 GETTING HIS PAYCHECK - AND I TOLD YOU WHAT HE'S MAKING

22 NOW, IN 2018 - THEN WE BELIEVE THE EVIDENCE WILL SHOW

23 THE FUTURE LOST INCOME IS ZERO BECAUSE HE'S BACK TO WORK

24 AND GETTING THAT PAYCHECK. I THINK THEIR NUMBER IS, IF

25 HE STOPS FIVE YEARS EARLY, THERE'S ABOUT $530,000.

26 AND THEN THE FUTURE MEDICAL CARE, AS I TOLD

27 YOU, THE HYLAND LIFE CARE PLAN IS ONE OF THESE TWO

28 NUMBERS [ATTORNEY INDICATES MONITOR].

Page: 23 (79 - 82)


Page 82 1 IF YOU TOTAL IT UP, THE TOTAL ECONOMIC DAMAGES

2 WOULD THEN BE ONE OF THESE TWO NUMBERS: $1,141,565 OR

3 $1,287,017 AS THE ECONOMIC DAMAGES.

4 THE EVIDENCE IS GOING TO SHOW HE IS ALSO

5 ENTITLED TO RECOVER FOR WHAT WE CALL NONECONOMIC

6 DAMAGES. THAT'S THE PAIN, THE DISFIGUREMENT, THE

7 SCARRING.

8 THERE'S NO -- THE EVIDENCE IS GOING TO BE

9 YOU'RE GOING TO HAVE -- YOU ARE GOING TO GET EVIDENCE ON

10 THAT FROM HIM, FROM OTHER WITNESSES TO DETERMINE WHAT A

11 FAIR AND REASONABLE NUMBER IS FOR BOTH HIS PAST

12 NONECONOMIC DAMAGES UP FROM THE DAY OF THE ACCIDENT TO

13 TODAY. HE SHOULD BE AWARDED SOMETHING AGAINST MY CLIENT

14 FOR THAT.

15 AND THE EVIDENCE IS GOING TO SHOW THERE'S A

16 FUTURE NUMBER; THERE IS. AND THE EVIDENCE WILL COME IN

17 ON THAT, AND YOU WILL HEAR THE LAW, AND YOU WILL DECIDE

18 THAT.

19 NOW, THE LAST AREA ON THIS, I JUST WANT TO

20 COVER IT, MAKE CLEAR.

21 THE EVIDENCE IS GOING TO SHOW THERE'S A CLAIM

22 AGAINST MR. CONSOLAZIO THAT HE ACTED WITH MALICE, FRAUD,

23 OR OPPRESSION. THAT CLAIM IS ONLY AGAINST

24 MR. CONSOLAZIO, AND THE PLAINTIFFS ARE NOT ALLEGING, AND

25 THEY ARE NOT GOING TO BE OFFERING ANY EVIDENCE IN THIS

26 CASE THAT THE GAS COMPANY ACTED WITH MALICE, FRAUD, AND

27 OPPRESSION.

28 THAT'S MY SUMMARY OF THE CASE. WE'RE GOING TO

Page 83 1 CALL WITNESSES. WE'LL PRESENT EVIDENCE.

2 AND, AGAIN, FROM TIME TO TIME AFTER THEY CALL

3 WITNESSES, YOU MIGHT NOT HEAR US ASK ANY QUESTIONS

4 BECAUSE A LOT IS NOT IN DISPUTE. SO YOU MAY NOT HEAR A

5 LOT FROM ME DURING THE TRIAL. WE'LL PRESENT OUR

6 EVIDENCE AS WARRANTED.

7 I APPRECIATE YOUR TIME AND ATTENTION. AND

8 THANK YOU ALL FOR HELPING US TO RESOLVE THIS

9 DISAGREEMENT. I APPRECIATE IT.

10 THANK YOU, YOUR HONOR.

11 THE COURT: MR. BARGER...?

12 MR. BARGER: THANK YOU, YOUR HONOR. I'LL BE

13 BRIEF.

14

15 OPENING STATEMENT

16 --OOO--

17 MR. BARGER: GOOD MORNING, LADIES AND

18 GENTLEMEN.

19 I'M GLENN BARGER, AND ALONG WITH MY PARTNER

20 ART CHAPMAN, WE REPRESENT DONNIE CONSOLAZIO. AND HE'S

21 HERE IN THE COURTROOM TODAY.

22 TODAY IT IS OUR OPPORTUNITY, AS YOU HAVE HEARD

23 FROM COUNSEL, TO ADDRESS THE FACTS AS IT RELATES TO

24 MR. CONSOLAZIO.

25 MR. FOX HAS ALREADY THOROUGHLY ADDRESSED THE

26 PLAINTIFFS' DAMAGES AND WHAT WE BELIEVE THE EVIDENCE

27 WILL SHOW ARE FAIR AND REASONABLE. SO I'M NOT GOING TO

28 GO OVER THESE ISSUES AGAIN FOR YOU.

Page 84 1 I AM GOING TO TRY TO BE BRIEF. AND I'M GOING

2 TO FOCUS MY COMMENTS AND WHAT I BELIEVE THE EVIDENCE

3 WILL SHOW AS IT RELATES TO THE CLAIM AGAINST

4 MR. CONSOLAZIO.

5 I DO WANT TO BE CLEAR, THOUGH, UP FRONT.

6 MR. CONSOLAZIO TAKES FULL RESPONSIBILITY FOR THE

7 ACCIDENT. MR. CONSOLAZIO, AS YOU HEARD, HAS ADMITTED

8 HIS NEGLIGENCE CAUSED THE ACCIDENT. HOWEVER, AGAIN, I

9 DO WANT TO ADDRESS THE FACTS AS IT RELATES TO THE VERY

10 SERIOUS ALLEGATION THAT PLAINTIFF IS ENTITLED TO RECOVER

11 PUNITIVE DAMAGE AGAINST HIM.

12 MR. CONSOLAZIO WAS A FULL-TIME EMPLOYEE OF THE

13 GAS COMPANY AND HAD BEEN WITH THE COMPANY FOR 20 YEARS

14 ON THE DAY OF THE ACCIDENT. AT THE TIME, HE WAS AN

15 INSPECTOR, SO HE WOULD GO TO VARIOUS JOB SITES

16 THROUGHOUT THE DAY.

17 YOU HAVE ALREADY HEARD ABOUT MR. CONSOLAZIO'S

18 SEIZURE ON THE DAY OF THE ACCIDENT. VERY IMPORTANTLY,

19 PRIOR TO THE DAY OF THE ACCIDENT, MR. CONSOLAZIO HAD

20 NEVER HAD A SEIZURE WHILE DRIVING FOR WORK OR IN HIS

21 PERSONAL LIFE.

22 I ALSO WANT TO PROVIDE YOU SOME MORE DETAILS

23 ABOUT HIS CONDITION.

24 IN OCTOBER OF 2012, WHILE AT HOME, HE SUFFERED

25 HIS FIRST SEIZURE DURING THE NIGHT. THE PARAMEDICS WERE

26 CALLED, AND HE WAS SEEN IN THE EMERGENCY ROOM AT GOOD

27 SAMARITAN IN SAN JOSE.

28 AS A RESULT OF THE SEIZURE, HE WAS PLACED ON

Page 85 1 ANTISEIZURE MEDICATION. THE E.R. DOCTOR THAT NIGHT

2 REPORTED HIS SEIZURE TO THE DEPARTMENT OF MOTOR

3 VEHICLES, AND HIS LICENSE WAS SUSPENDED FOR ABOUT THREE

4 MONTHS. HE WAS ALSO PLACED ON DISABILITY FROM HIS JOB.

5 THE EVIDENCE WILL SHOW THAT IN THE EARLY PART

6 OF 2013 HIS TREATING DOCTOR, DR. WANG, RELEASED HIM TO

7 RETURN TO WORK.

8 PRIOR TO RETURNING TO WORK, THE GAS COMPANY

9 ALSO HAD A DOCTOR EXAMINE HIM, AND HE WAS CLEARED TO

10 RETURN TO WORK WITHOUT RESTRICTIONS.

11 HIS LICENSE WAS ALSO REINSTATED BY THE DMV

12 DURING THIS TIME.

13 HE CONTINUED TO WORK FOR THE GAS COMPANY FROM

14 THE DATE OF HIS RETURN IN 2013 UNTIL THE ACCIDENT IN

15 FEBRUARY 2017. ALMOST FOUR YEARS.

16 DURING THAT TIME, HE WAS UNDER THE CARE, AT

17 LEAST FOR PART OF IT, WITH DR. LE, WHO SAW HIM ON A

18 PERIODIC BASIS, AND HIS WIFE MELANIE ATTENDED THESE

19 APPOINTMENTS WITH HIM.

20 DR. LE PRESCRIBED ANTISEIZURE PRESCRIPTIONS AND

21 MONITORED HIS CONDITION.

22 DURING THESE FOUR YEARS, HE WAS ALSO NEVER

23 CITED WHILE DRIVING AND NEVER GOT INTO AN ACCIDENT. IN

24 FACT, FROM THE DATE HIS LICENSE WAS REINSTATED UNTIL THE

25 DAY OF THE ACCIDENT, THE EVIDENCE WILL BE HE NEVER HAD

26 ANY ISSUES WHILE DRIVING.

27 THERE WILL BE DISPUTED TESTIMONY, INCLUDING AS

28 YOU HEARD THAT DR. LEE CLAIMS SHE TOLD HIM NOT TO DRIVE.

Page: 24 (83 - 86)


Page 86 1 THIS TESTIMONY WILL BE DISPUTED BECAUSE HE WILL TELL YOU

2 THAT SHE ONLY ADVISED HIM: IF IT WAS HER, SHE WOULD NOT

3 DRIVE, AND WHEN SPECIFICALLY ASKED IF SHE WAS REPORTING

4 HIM TO THE DMV, SHE SAID "NO."

5 REGARDLESS OF THIS DISPUTED POINT, HERE IS THE

6 TIEBREAKER. THE EVIDENCE WILL SHOW THAT IT IS ACTUALLY

7 UNDISPUTED THAT DR. LEE, THE STANFORD DOCTOR, WHO

8 SPECIALIZES IN TREATING PEOPLE SUFFERING FROM SEIZURES

9 AND WELL AWARE THAT A DOCTOR HAS A DUTY TO WARN --

10 MR. PANISH: OBJECTION, YOUR HONOR. THIS IS

11 ALL ARGUMENTATIVE, LAW. AND IT'S NOT EVEN THE EVIDENCE.

12 THE COURT: SUSTAINED. LET'S STICK TO WHAT THE

13 EVIDENCE IS GOING TO SHOW.

14 MR. BARGER: WE BELIEVE THAT THE EVIDENCE WILL

15 SHOW THAT SHE, DR. LE, NEVER NOTIFIED THE DEPARTMENT OF

16 MOTOR VEHICLES OR, FOR THAT MATTER, ANY CALIFORNIA STATE

17 AGENCY OF HIS CONDITION PRIOR TO THE ACCIDENT.

18 EXCEPT FOR THE INITIAL SUSPENSION AFTER HIS

19 FIRST SEIZURE, HE WAS NEVER REPORTED, AND HIS LICENSE

20 NEVER WAS SUSPENDED UP TO THE DAY OF THE ACCIDENT.

21 MR. CONSOLAZIO CONTINUED TO DRIVE REGULARLY AS

22 ALLOWED BY THE STATE AND AS HE UNDERSTOOD HE COULD

23 WITHOUT INCIDENT FOR FOUR YEARS, NOT JUST FOR WORK BUT

24 HE ALSO CONTINUED TO DRIVE FOR PERSONAL REASONS.

25 IN FACT, THE EVIDENCE WILL SHOW HIS WIFE, EVEN

26 AFTER ATTENDING THESE DOCTORS' APPOINTMENTS WITH HIM,

27 CONTINUED TO HAVE HIM DRIVE HER KIDS, HIS STEPKIDS, UP

28 AND DOWN THE STATE ON CAMPING AND FISHING TRIPS AS WELL

Page 87 1 AS DAY-IN AND DAY-OUT.

2 HE EVEN DROVE THEIR FRIENDS WHO WERE ALL AWARE

3 OF HIS CONDITION TO KNOTT'S SCARY FARM ON HALLOWEEN ALL

4 WITHOUT INCIDENT.

5 FOR FOUR YEARS AFTER HIS LICENSE WAS REINSTATED

6 AND RIGHT UP UNTIL THE DAY OF THE ACCIDENT, THE EVIDENCE

7 WILL SHOW THAT MR. CONSOLAZIO'S LICENSE WAS IN FULL

8 FORCE AND EFFECT. HE WAS UNDER THE CARE OF A QUALIFIED

9 DOCTOR THAT WAS AWARE OF HIS SEIZURE CONDITION AND NEVER

10 NOTIFIED THE DMV OF HIS CONDITION.

11 YOU'LL ALSO HEAR THAT HE WAS TAKING ANTISEIZURE

12 MEDICATION, AND HE NEVER HAD ANY TYPE OF ACCIDENT WHILE

13 HE WAS DRIVING.

14 WHAT WILL BE DESCRIBED AS SEIZURES DURING THIS

15 TIME, THE EVIDENCE WILL SHOW, WERE MANY INSTANCES OF

16 CONFUSIONAL SPELLS AND NOT FULL-BLOWN SEIZURES, AS WE

17 SEE ON T.V. HE DIDN'T LOSE CONSCIOUSNESS. HIS BODY

18 DIDN'T GO RIGID. HE DIDN'T HAVE CONVULSIONS.

19 ON THE MORNING OF THE ACCIDENT, HE WAS ON HIS

20 WAY TO WORK. HE STOPPED AT STARBUCKS AND FOLLOWED HIS

21 NORMAL ROUTINE OF TAKING HIS DAILY MEDICATION, AND THEN

22 HEADED OFF TO THE NEXT WORK SITE. IT WAS SOME TIME

23 THEREAFTER THAT THE ACCIDENT OCCURRED.

24 HOWEVER, HE WILL TESTIFY THAT HE HAS NO

25 RECOLLECTION OF STRIKING THE PLAINTIFF'S MOTORCYCLE.

26 AND HE HAS NO RECOLLECTION OF DRIVING AFTER HE STRUCK

27 THE PLAINTIFF.

28 THE EVIDENCE WILL SHOW AT THE SCENE HE DID NOT

Page 88 1 KNOW WHY PEOPLE STOPPED HIS TRUCK THAT DAY. IT WAS ONLY

2 AFTER HE GOT OUT OF THE TRUCK - AND, YES, HE DID GET OUT

3 OF THE TRUCK - AND SAW THE PLAINTIFF THAT HE REALIZED HE

4 HAD HIT HIM.

5 YOU WILL HEAR FROM MR. CONSOLAZIO. HE

6 CERTAINLY WOULD NOT HAVE CONTINUED TO DRIVE IF HE HAD

7 KNOWN HE HAD HIT HIM.

8 MR. PANISH: OBJECTION. ARGUMENTATIVE.


10 THE JURY IS DIRECTED TO DISREGARD THE LAST

11 STATEMENT.

12 IF YOU HAVE ANYTHING MORE ON WHAT THE EVIDENCE

13 IS GOING TO SHOW, YOU MAY PROCEED; OTHERWISE, LET'S WRAP

14 IT UP.

15 MR. BARGER: I DO, YOUR HONOR, AND I AM ABOUT

16 TO BE WRAPPING IT UP. THANK YOU.

17 IT'S NOT DISPUTED THAT MR. CONSOLAZIO WAS

18 CHARGED WITH LEAVING THE SCENE OF THE ACCIDENT. AND

19 MR. CONSOLAZIO HAS PLED NO CONTEST TO THAT CHARGE,

20 ESSENTIALLY A GUILTY PLEA.

21 THE EVIDENCE WILL SHOW HE DID NOT CHALLENGE THE

22 CHARGE AFTER REALIZING, EVEN IF HE HAS NO RECALL OF

23 IT --

24 MR. PANISH: YOUR HONOR, THIS IS NOT EVIDENCE.

25 MR. BARGER: HE'S GOING TO TESTIFY TO THIS

26 EVIDENCE.

27 THE COURT: HOLD ON A SECOND.

28 OVERRULED.

Page 89 1 MR. BARGER: AGAIN, HE'S NOT DISPUTING THAT HE

2 PLED NO CONTEST TO THE CHARGE. HE'LL TESTIFY TO IT. HE

3 TOOK RESPONSIBILITY FOR IT.

4 MR. CONSOLAZIO HAS ADMITTED THAT THE ACCIDENT

5 WAS ENTIRELY HIS FAULT, AND HE AGREES THAT THE

6 PLAINTIFFS ARE ENTITLED TO FAIR AND REASONABLE

7 COMPENSATION, AS MR. FOX TOLD YOU.

8 BUT THAT SHOULD END THE CASE RIGHT THERE.

9 THANK YOU, LADIES AND GENTLEMEN.

10 THE COURT: MR. PANISH, YOU MAY CALL YOUR FIRST

11 WITNESS.

12 MR. PANISH: YES, YOUR HONOR. PLAINTIFF WILL

13 CALL OFFICER SEAN JUDD.

14 LET ME GO GET HIM.

15 THE WITNESS: [WITNESS APPROACHES WITNESS

16 STAND].

17 THE CLERK: PLEASE RAISE YOUR RIGHT HAND TO BE

18 SWORN.

19 THE WITNESS: [WITNESS COMPLIES].

20 THE CLERK: DO YOU SOLEMNLY STATE THAT THE

21 TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE

22 THE COURT SHALL BE THE TRUTH, THE WHOLE TRUTH, AND

23 NOTHING BUT THE TRUTH, SO HELP YOU GOD?

24 THE WITNESS: I DO.

25 THE CLERK: THANK YOU. YOU MAY BE SEATED.

26 THE WITNESS: THANK YOU.

27 THE CLERK: CAN YOU, PLEASE, STATE AND SPELL

28 YOUR NAME YOUR FIRST AND LAST NAME FOR THE RECORD.

Page: 25 (87 - 90)


Page 90 1 THE WITNESS: SEAN JUDD; S-E-A-N, J-U-D-D.

2 THE CLERK: THANK YOU.

3 THE COURT: MR. PANISH...

4 MR. PANISH: THANK YOU, YOUR HONOR.

5

6 SEAN JUDD,

7 CALLED AS A WITNESS BY THE PLAINTIFF

8 WAS SWORN AND TESTIFIED AS FOLLOWS:

9

10 DIRECT EXAMINATION

11 BY MR. PANISH:

12 Q. GOOD MORNING.

13 A. GOOD MORNING, SIR.

14 Q. THEY ALLOW YOU TO WEAR JEANS TO WORK?

15 A. YEAH, MY ASSIGNMENT -- I DO A LOT OF CRAWLING

16 AROUND IN THE DIRT.

17 Q. BY WHOM ARE YOU EMPLOYED?

18 A. HAWTHORNE POLICE DEPARTMENT.

19 Q. HOW LONG HAVE YOU BEEN SO EMPLOYED?

20 A. ALMOST 12 YEARS NOW.

21 Q. PRIOR TO BECOMING A MEMBER OF THE POLICE

22 DEPARTMENT, DID YOU RECEIVE TRAINING?

23 A. YES.

24 Q. TELL US ABOUT THAT.

25 A. 980 HOURS OF ACADEMY TRAINING AT THE

26 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT.

27 Q. IS THAT WHAT IS CALLED THE ACADEMY?

28 A. YES.

Page 91 1 Q. WHEN YOU -- WHEN YOU WERE IN THE ACADEMY, WERE

2 YOU GIVEN -- DID YOU TAKE COURSES IN ACCIDENT

3 INVESTIGATION?

4 A. YES, I DID.

5 Q. ...DOCUMENTING PHYSICAL EVIDENCE AT SCENES OF

6 ACCIDENT?

7 A. YES.

8 Q. ...INTERVIEWING WITNESSES?

9 A. YES.

10 Q. ...PUTTING TOGETHER TRAFFIC COLLISION REPORTS

11 AS OFFICIAL DOCUMENTS OF THE DEPARTMENT?

12 A. YES.

13 Q. TELL US ABOUT THE SPECIFIC COURSES YOU HAVE

14 TAKEN IN ACCIDENT INVESTIGATION.

15 A. IN ADDITION TO THE 40-HOUR COURSE I TOOK IN THE

16 POLICE ACADEMY, I ALSO TOOK THE BASIC ACCIDENT --

17 TRAFFIC ACCIDENT INVESTIGATION COURSE. THAT WAS A

18 40-HOUR COURSE. THAT WAS DONE AT THE BEN CLARK TRAINING

19 CENTER UNDER THE RIVERSIDE -- RIVERSIDE COUNTY SHERIFF'S

20 DEPARTMENT.

21 I HAVE ALSO COMPLETED SECOND -- A SECONDARY

22 COURSE CALLED "INTERMEDIATE TRAFFIC COLLISION

23 INVESTIGATION." THAT WAS ALSO A 40-HOUR COURSE AT THE

24 SAME TRAINING FACILITY IN RIVERSIDE.

25 I THEN COMPLETED AN 80-HOUR COURSE IN "ADVANCED

26 TRAFFIC COLLISION INVESTIGATION" ALSO AT THE RIVERSIDE

27 COUNTY TRAINING FACILITY.

28 I THEN COMPLETED AN 80-HOUR TRAFFIC ACCIDENT

Page 92 1 RECONSTRUCTION CLASS THAT WAS DONE AT THE VENTURA COUNTY

2 SHERIFF'S DEPARTMENT IN MOORPARK FACILITY.

3 I HAVE COMPLETED MULTIPLE IN-HOUSE TRAININGS,

4 MULTIPLE HOURS OF FOLLOW-UP TRAINING, CONTINUAL

5 TRAINING, ANNUAL TRAINING, AND -- A LOT OF TRAINING,

6 SIR, A LOT OF HOURS.

7 Q. IN THE TIME THAT YOU HAVE BEEN WITH THE

8 HAWTHORNE POLICE DEPARTMENT, HOW MANY TRAFFIC COLLISIONS

9 HAVE YOU INVESTIGATED?

10 A. I WOULD SAY FROM NONINJURY TO INJURY

11 COLLISIONS, PROBABLY UPWARDS OF BETWEEN 500 AND 1,000.

12 Q. AND DID YOU -- STRIKE THAT QUESTION.

13 ON FEBRUARY 13, 2017, WERE YOU EMPLOYED BY THE

14 DEPARTMENT?

15 A. YES, I WAS.

16 Q. IN WHAT CAPACITY WERE YOU EMPLOYED?

17 A. I WAS A MOTOR OFFICER IN THE TRAFFIC BUREAU,

18 AND I WAS THE DEPARTMENT'S TRAFFIC ACCIDENT

19 INVESTIGATOR.

20 Q. HAWTHORNE -- TELL US WHERE IS HAWTHORNE

21 LOCATED.

22 A. HAWTHORNE IS LOCATED JUST TO THE EAST OF

23 EL SEGUNDO AND MANHATTAN BEACH. OUR BORDERS ARE

24 BASICALLY NORTH IMPERIAL HIGHWAY, SOUTH IS MARINE

25 AVENUE. ON THE EAST SIDE OF OUR CITY IS GARDENA. NORTH

26 SIDE OF THE CITY IS INGLEWOOD. IF ANYBODY IS FAMILIAR

27 WITH THAT AREA.

28 Q. AND AS THE -- YOU SAID THE DEPARTMENT'S TRAFFIC

Page 93 1 INVESTIGATOR, THAT WAS ONE OF YOUR JOBS?

2 A. THAT WAS MY TITLE AT THE TIME OF THE ACCIDENT,

3 SIR.

4 Q. WHAT WERE YOUR JOB DUTIES AS THE DEPARTMENT'S

5 TRAFFIC INVESTIGATOR?

6 A. CONDUCTED THE MAJOR TRAFFIC ACCIDENT

7 INVESTIGATIONS INVOLVING SERIOUS INJURY AND FATALITIES

8 AS WELL AS ALL OF THE HIT-AND-RUN INVESTIGATION

9 FOLLOW-UPS AND INVESTIGATIONS.

10 Q. ARE YOU ASSIGNED TO A DIFFERENT DEPARTMENT NOW?

11 A. CURRENTLY I AM ASSIGNED TO THE SPECIAL

12 OPERATIONS BUREAU AS AN INVESTIGATOR.

13 Q. WHAT DO YOU DO THERE? CAN YOU TELL US?

14 A. YEAH. I -- MY POSITION IS CALLED THE METRO

15 INVESTIGATOR. MY PRIMARY ENFORCEMENT IS QUALITY-OF-LIFE

16 ISSUES.

17 SO EASIEST JOB DESCRIPTION WOULD BE SOMEBODY

18 CALLS AND SAYS, "I HAVE A PROBLEM WITH THIS HOUSE. I

19 THINK THEY ARE DOING UNSAVORY THINGS," WE'LL CONDUCT AN

20 INVESTIGATION ON THAT HOUSE.

21 SOME OF MY OTHER JOB DESCRIPTIONS INCLUDE

22 SEEKING HOMELESS SHELTERS FOR HOMELESS INDIVIDUALS;

23 FINDING OUT THOSE PEOPLE THAT NEED HELP OR WANT HELP;

24 GETTING THEM LINED UP WITH THE HELP THEY NEED, WHICH IS

25 WHY I GET TO WEAR JEANS AND TENNIS SHOES, BECAUSE I AM

26 IN THE DIRT ALONG FREEWAYS A LOT OF THE TIMES.

27 Q. OKAY. SIR, ON FEBRUARY 13TH, WERE YOU THE LEAD

28 TRAFFIC INVESTIGATOR AT THAT DAY?

Page: 26 (91 - 94)


Page 94 1 A. YES. YES, SIR.

2 Q. DID YOU AT SOME POINT IN TIME GET NOTIFIED

3 ABOUT A COLLISION THAT OCCURRED IN THE CITY OF HAWTHORNE

4 INVOLVING A MOTORCYCLE AND A PICKUP TRUCK?

5 A. YES, SIR, I DID.

6 Q. DID YOU PREPARE AN OFFICIAL REPORT OF THE

7 HAWTHORNE POLICE DEPARTMENT TO DOCUMENT YOUR

8 INVESTIGATION?

9 A. YES, I DID.

10 Q. AND JUST WHAT IS THE PURPOSE OF PREPARING SUCH

11 A REPORT?

12 A. TO MEMORIALIZE WHAT I SAW AT THE SCENE AND

13 STATEMENTS THAT WERE TAKEN AND MEASUREMENTS AND ALL THAT

14 SORT OF THING.

15 Q. DID YOU KNOW THERE WAS GOING TO BE A CASE LIKE

16 THIS COMING UP?

17 A. YES. I ASSUMED IT'S ALWAYS A POSSIBILITY THAT

18 AN INVESTIGATION AND A COURT CASE COMES UP.

19 Q. AND PART OF YOUR DUTIES WAS TO INVESTIGATE THIS

20 COLLISION AS IT RELATES TO CRIMINAL ACTIVITY?

21 A. CORRECT.

22 Q. AND THAT'S WHAT YOU DID?

23 A. YES.

24 Q. AND YOU PREPARED A REPORT DOCUMENTING ALL OF

25 YOUR FINDINGS FROM YOUR INVESTIGATION OR MOST OF THEM,

26 NOT EVERY SINGLE THING?

27 A. AS MANY AS I COULD FIND, SIR.

28 Q. ALL RIGHT.

Page 95 1 MR. PANISH: I WANT TO IDENTIFY, YOUR HONOR,

2 EXHIBIT 2, WHICH IS A REPORT PREPARED BY THE WITNESS.

3 I'M NOT GOING TO SHOW ALL THE PAGES. I WILL REFER TO A

4 COUPLE. SPECIFICALLY IDENTIFY THEM WHEN WE GET TO THEM.

5 BY MR. PANISH:

6 Q. SO HOW DID YOU GET NOTIFIED BY THE COLLISION?

7 A. I WAS CALLED BY THE WATCH COMMANDER AT HOME.

8 Q. IS THAT COMMON?

9 A. FOR MAJOR ACCIDENT INVESTIGATIONS, YES. WE

10 HAVE AN ON-CALL STATUS. I WAS THE ON-CALL INVESTIGATOR

11 FOR THAT WEEK, SO IT WAS MY TURN TO COME IN AND DO THE

12 INVESTIGATION.

13 Q. WERE YOU ACTUALLY ON DUTY THAT DAY?

14 A. I WAS NOT ON DUTY THAT DAY. THAT WAS MY DAY

15 OFF.

16 Q. BUT THEY STILL CALLED YOU?

17 A. YES.

18 Q. ALL RIGHT. WHAT TIME DID YOU ARRIVE?

19 A. I THINK I ARRIVED ON SCENE AT THE ACCIDENT,

20 LIKE, ABOUT 9:46 A.M.

21 Q. OKAY. WHY -- WHAT HAPPENED? WHAT WAS THE

22 DELAY, IF ANY?

23 A. WHAT WAS THE DELAY, FOR ME GOING TO THE SCENE?

24 Q. RIGHT.

25 IS THAT COMMON THAT YOU DON'T GO, LIKE,

26 IMMEDIATELY?

27 A. OH. WHEN I GOT CALLED -- I HAVE A BABY AT

28 HOME. LET'S SEE, 2017, MY CHILD WOULD HAVE BEEN THREE

Page 96 1 AT THE TIME, AND THAT WAS DADDY DAYCARE DAY. SO I HAD

2 TO ARRANGE DAYCARE.

3 Q. SO IT TOOK YOU TIME TO MAKE THE ARRANGEMENTS TO

4 GET OUT THERE?

5 A. CORRECT.

6 Q. WHEN YOU GOT TO THE SCENE, COULD YOU JUST

7 DESCRIBE GENERALLY WHAT YOU SAW?

8 A. SURE. THE SCENE STRETCHED FROM THE LEFT-TURN

9 POCKET ON ROSECRANS AVENUE, WHERE THERE WAS DEBRIS

10 INDICATING AN INITIAL TRAFFIC ACCIDENT, AND IT CONTINUED

11 SOUTHBOUND PAST THE SECOND DRIVEWAY -- I'M SORRY, PAST

12 THE FIRST DRIVEWAY THAT GOES TO A SHOPPING CENTER ON THE

13 SOUTH SIDE OF MCDONALD'S.

14 IT'S AT THE CORNER. SO A VERY BIG LONG TRAFFIC

15 ACCIDENT SCENE.

16 Q. OKAY. AND I'M GOING TO SHOW SOME DIAGRAMS, BUT

17 WHEN YOU FIRST ARRIVE AT A SCENE, WHAT IS YOUR PRACTICE

18 OF WHAT YOU DO?

19 A. I FIND OUT FROM OFFICERS THAT WERE INITIALLY

20 CALLED AND WITNESS STATEMENTS TO FIND WHERE THE TRAFFIC

21 ACCIDENT OCCURRED. AND THEN I WALK THE ACCIDENT FROM

22 THE -- PARTY 1 IS WHO WE CALL THE PARTY AT FAULT. I

23 WALK THE TRAFFIC ACCIDENT FROM HIS POINT OF VIEW, AND

24 THEN I WALK IT BACKWARDS.

25 SO I -- I WALK BOTH DIRECTIONS TO MAKE SURE I

26 SEE EVERYTHING, MAKE SURE EVERYTHING IS MARKED THAT I

27 WANT TO MARK, AND THEN I WALK BACKWARDS TO MAKE SURE I

28 HAVEN'T MISSED ANYTHING.

Page 97 1 Q. DO YOU MAKE MENTAL NOTES?

2 A. I MAKE MENTAL NOTES AT THE SAME TIME I AM

3 MARKING THINGS THAT, USUALLY, ARE MARKED FOR PATROL

4 OFFICERS. BUT IF I SEE SOMETHING THAT I KNOW IS

5 RELATED, BASED ON MY INVESTIGATIVE EXPERIENCE, THEN I

6 CAN MARK IT AS I'M GOING ALONG ALSO.

7 Q. HOW DO YOU DETERMINE WHAT SHOULD BE

8 PHOTOGRAPHED AT THE SCENE?

9 A. FOR AN INCIDENT SUCH AS THIS, WITH MAJOR

10 ACCIDENT -- OR, I'M SORRY, WITH MAJOR INJURIES, WE WOULD

11 PHOTOGRAPH EVERYTHING THAT IS RELEVANT TO THE TRAFFIC

12 ACCIDENT.

13 Q. ALL RIGHT.

14 MR. PANISH: I WANT TO IDENTIFY 2-4, 2-5, 2-6.

15 YOUR HONOR, I PROVIDED COUNSEL WITH A LIST OF

16 ALL THE EXHIBITS I INTEND TO USE. AND YOU WANT ME --

17 YOUR HONOR, YOU WANT ME TO GET THE BOOK THAT HAS IT IN

18 THERE?

19 THE COURT: YES.

20 MR. PANISH: IT'S THE FIRST VOLUME.

21 MS. FAUNE, IT WILL BE VOLUME 1. HOPEFULLY IT'S

22 THERE.

23 OH. WE GOT ANOTHER ONE?

24 IS IT POSSIBLE TO JUST PUT IT ON THE SCREEN FOR

25 THE LAWYERS ONLY, AND THE JUDGE? CAN WE DO THAT? IF

26 YOU WANT THAT, YOUR HONOR. OR DO YOU WANT THE ACTUAL

27 HARDCOPY?

28 NO. THAT'S HIS DEPOSITION.

Page: 27 (95 - 98)


Page 98 1 THE CLERK: I'M GOING TO PULL IT.

2 MR. PANISH: OKAY. THERE WE GO. WE'RE

3 BRINGING IT UP.

4 AND I BELIEVE THAT, YOUR HONOR, COUNSEL IS OKAY

5 WITH THESE EXHIBITS.

6 IS THAT CORRECT, MR. WARD?

7 MR. WARD, JR.: OKAY.

8 THE COURT: WAIT. WHAT DOES THAT MEAN?

9 MR. PANISH: I MEAN, I DON'T THINK HE IS

10 OBJECTING TO THE QUESTION, TO 2-4, 2-5, 2-6 ONLY.

11 MR. WARD, JR.: I'M NOT OBJECTING TO THE USE OF

12 THESE DOCUMENTS TO REFRESH THE WITNESS'S RECOLLECTION,

13 TO THE EXTENT THEY NEED TO BE USED.

14 THE COURT: THEY ARE NOT -- ARE THEY BEING

15 MOVED INTO EVIDENCE?

16 MR. PANISH: YES, THEY ARE. I'LL LAY THE

17 FOUNDATION, IF HE OBJECTS.

18 THE COURT: IS THERE OBJECTION?

19 MR. WARD, JR.: THERE'S AN OBJECTION TO 2-5,

20 SPECIFICALLY, AND 2-6 AS WELL, YOUR HONOR, AS OF THIS

21 TIME.

22 MR. PANISH: WELL, LET ME --

23 BY MR. PANISH:

24 Q. SIR, YOU PREPARED THIS REPORT IN THE ORDINARY

25 COURSE OF BUSINESS FOR THE HAWTHORNE POLICE DEPARTMENT?

26 A. YES, SIR.

27 Q. DID YOU RECORD THESE EVENTS AT OR NEAR THE TIME

28 THAT YOU OBSERVED THEM?

Page 99 1 A. YES.

2 Q. IS THIS AN OFFICIAL BUSINESS RECORD OF THE

3 HAWTHORNE POLICE DEPARTMENT?

4 A. YES, SIR.

5 MR. PANISH: SO CAN I START WITH EXHIBIT 2-4?

6 THERE'S NO OBJECTION TO THAT.

7 THE COURT: IS THERE ANY OBJECTION TO 2-4 BEING

8 ADMITTED.

9 MR. WARD, JR.: NO, YOUR HONOR.

10 THE COURT: OKAY. 2-4 IS ADMITTED.

11 (WHEREUPON EXHIBIT 2-4 WAS MARKED FOR

12 IDENTIFICATION AND RECEIVED INTO

13 EVIDENCE.)

14 MR. PANISH: YOU KNOW, JUST ONE SECOND, SIR.

15 BY MR. PANISH:

16 Q. SO CAN YOU JUST EXPLAIN WHAT WE ARE LOOKING AT

17 IN EXHIBIT 2-4?

18 A. SURE.

19 THIS IS THE DIAGRAM. NOW, IN TRAFFIC COLLISION

20 INVESTIGATION, THE DIAGRAM IS REFERRED TO AS THE

21 NOT-DRAWN-TO-SCALE SKETCH OF THE OVERALL TRAFFIC

22 COLLISION SCENE.

23 Q. JUST WALK US THROUGH THE SCENE.

24 A. OKAY. AT THE TOP OF THE SCREEN, YOU ARE GOING

25 TO SEE -- THE VERY TOP OF YOUR SCREEN, WHERE YOU SEE THE

26 THREE ARROWS ON THE RIGHT SIDE, THAT'S GOING TO BE

27 PARTY 1, INDICATED BY "P-1"; PARTY 2 IS INDICATED BY

28 "P-2"; AND PARTY 3, "P-3."

Page 100 1 THAT IS THE LEFT-TURN LANE OF THE WESTBOUND

2 ROSECRANS AVENUE TO GO SOUTHBOUND ONTO HINDRY AVENUE.

3 HINDRY AVENUE IS MARKED ON THE BOTTOM OF

4 YOUR -- ACTUALLY, THE BOTTOM CENTER OF YOUR SCREEN,

5 WHERE IT SAYS, "HINDRY AVENUE." HINDRY AVENUE RUNS

6 NORTH AND SOUTH. ROSECRANS RUNS EAST AND WEST.

7 Q. OKAY.

8 A. HAVE I COVERED IT, OSTENSIBLY, FOR YOU AT THIS

9 POINT, SIR?

10 Q. THAT'S GOOD. THANK YOU.

11 THE LEFT-HAND TURN LANE, LET ME SHOW YOU 25 --

12 I WANT TO IDENTIFY, FIRST.

13 MR. PANISH: CAN YOU PUT ON THE SCREEN, JUST

14 FOR THE LAWYERS, 25-3? NOT ON THE SCREEN FOR EVERYONE

15 ELSE. I JUST WANT TO MAKE SURE WE GOT THE RIGHT ONE.

16 THE COURT: WELL --

17 MR. PANISH: I'M NOT SHOWING IT TO ANYONE YET.

18 I'M JUST PUTTING IT ON THE SCREEN FOR COUNSEL.

19 THE COURT: WHEN YOU SAY, "PUTTING ON THE

20 SCREEN," PUTTING IT ON WHAT SCREEN?

21 MR. PANISH: THE SCREENS IN FRONT OF ALL THE

22 COUNSEL, NOT THE BIG SCREEN.

23 THE COURT: OKAY.

24 MR. PANISH: AND THIS IS -- 25-3 IS ONE OF THE

25 POLICE...

26 BY MR. PANISH:

27 Q. IS THIS ONE OF THE POLICE PHOTOGRAPHS YOU TOOK?

28 A. THE PHOTOGRAPHS TAKEN BY FORENSIC SPECIALIST

Page 101 1 MORGAN LANE.

2 Q. ALL RIGHT.

3 MR. PANISH: SO I WANT TO IDENTIFY THAT.

4 THERE IS ANY OBJECTION TO THAT?

5 MR. WARD, JR.: NO OBJECTION, YOUR HONOR.

6 MR. FOX: ARE WE GOOD ON ALL THE POLICE PHOTOS?

7 MR. WARD, JR.: LET'S JUST DO IT ONE AT A TIME

8 TO MAKE SURE.

9 MR. PANISH: OKAY.

10 ALL RIGHT. THIS IS 25-3.


12 IDENTIFICATION.)

13 BY MR. PANISH:

14 Q. EXPLAIN WHAT WE SEE THIS.

15 A. THE IS A WESTBOUND VIEW OR ROSECRANS --

16 THE WITNESS: SIR, IS IT OKAY IF I MOVE THIS

17 SCREEN [WITNESS INDICATES]?

18 THE COURT: YES.

19 MR. PANISH: HERE...

20 IS IT OKAY, YOUR HONOR, IF I GO UP THERE AND

21 ASSIST HIM IN MOVING THE SCREEN?

22 THE COURT: YES.

23 THE WITNESS: I CAN SEE THAT ONE. YES. THAT'S

24 FINE.

25 BY MR. PANISH:

26 Q. LET'S PUT THIS DOWN FOR YOU.

27 SO CAN YOU DESCRIBE WHAT YOU SEE IN

28 EXHIBIT 25-3, PLEASE?

Page: 28 (99 - 102)


Page 102 1 A. THIS IS ROSECRANS AVENUE. WE'RE FACING

2 WESTBOUND IN THE -- BASICALLY, THE CENTER OF THE

3 ROADWAY, THE DOUBLE YELLOWS.

4 Q. WERE THERE PYLONS PLACED OUT ABOUT THE

5 LOCATION?

6 A. PYLONS? LIKE, ROAD MARKERS?

7 Q. YEAH. I DON'T KNOW. THE RED CONES. I GUESS I

8 CALL THEM "PYLONS." I DON'T KNOW.

9 A. OH. YEAH. THE TRAFFIC CONES WERE PUT UP BY

10 POLICE DEPARTMENT EMPLOYEES.

11 Q. WHAT IS THE PURPOSE OF DOING THAT?

12 A. WE HAD TRAFFIC LANES CLOSED DOWN. SO WE

13 ESTABLISH A CONE PATTERN TO DRAW TRAFFIC AWAY FROM WHAT

14 WE WANT TO CLOSE OFF FOR OUR SCENE.

15 Q. AND WHY DO YOU WANT TO CLOSE IT OFF?

16 A. SO THAT WE CAN WALK THE SCENE SAFELY WITHOUT --

17 A SOMEWHAT SAFE ZONE FOR US TO WORK IN SO PEOPLE DON'T

18 DRIVE UP BEHIND US.

19 Q. IS IT IMPORTANT TO PROTECT THE SCENE?

20 A. YES.

21 Q. WHY IS THAT?

22 A. PORTIONS OF EVIDENCE COULD BE RUN OVER BY

23 VEHICLES, CAN BE PICKED UP BY PEDESTRIANS. SO WE TRY TO

24 CLOSE THE SCENE WITH TRAFFIC CONES AND POLICE TAPE TO

25 SECURE IT THE BEST WE CAN.

26 Q. AND WHEN YOU WERE INVESTIGATING, DID YOU KNOW

27 WHETHER OR NOT THIS WAS A POTENTIAL CRIMINAL

28 INVESTIGATION?

Page 103 1 A. YES.

2 Q. AND WAS IT?

3 A. IT WAS A CRIMINAL INVESTIGATION.

4 Q. AND IS IT IMPORTANT IN A CRIMINAL CASE TO

5 ADEQUATELY SECURE ALL OF THE EVIDENCE?

6 A. YES, SIR.

7 Q. WHY IS THAT?

8 A. EVERY LITTLE PIECE OF EVIDENCE IS A HUNDRED

9 PERCENT NECESSARY. IF YOU LOSE A PIECE OF EVIDENCE,

10 THAT CAN BE DAMAGING TO YOUR CASE. IT CAN LEAD TO

11 PROBLEMS WITH COURT CASES, CRIMINAL CASES. AND SO IT'S

12 JUST IMPORTANT TO GATHER EVERYTHING.

13 Q. OKAY. AS AN ACCIDENT INVESTIGATOR, IS ONE OF

14 THE PRIMARY GOALS TO DETERMINE THE INITIAL AREA OF

15 IMPACT?

16 A. THAT IS ONE OF THE PRIMARY GOALS, YES.

17 Q. OKAY. WHAT IS THE AREA OF IMPACT?

18 A. AREA OF IMPACT IS WHERE THE FIRST IMPACT

19 BETWEEN TWO VEHICLES TAKES PLACE; IN THIS CASE, BETWEEN

20 TWO VEHICLES. SOMETIMES IT CAN BE BETWEEN A VEHICLE AND

21 A INANIMATE OBJECT. BUT IN THIS CASE, BETWEEN TWO

22 VEHICLES.

23 Q. IN THIS CASE, HOW MANY AREAS OF IMPACT WERE

24 THERE?

25 A. THERE WAS THREE INITIAL -- I'M SORRY, TWO

26 INITIAL ONES.

27 Q. THE ONE THAT OCCURRED ON ROSECRANS?

28 A. THEY ALL OCCURRED ON ROSECRANS.

Page 104 1 Q. ALL RIGHT. DESCRIBE THE TWO AREAS OF IMPACT.

2 A. THE FIRST ONE OCCURRED BETWEEN VEHICLE 1 AND

3 VEHICLE 2, WHICH WAS THE MOTORCYCLE.

4 THE SECOND IMPACT OCCURRED BETWEEN VEHICLE 1

5 AND THE MOTORCYCLE WITH VEHICLE 3. KIND OF LIKE A

6 COMBINATION OF TWO VEHICLES HITTING THE THIRD VEHICLE.

7 SO THOSE WOULD BE THE FIRST TWO AREAS OF IMPACT.

8 Q. ALL RIGHT. NOW, WHO TOOK THESE PHOTOGRAPHS?

9 A. FORENSIC SPECIALIST MORGAN LANE.

10 Q. WHAT IS A FORENSIC SPECIALIST?

11 A. SHE IS A -- HER PRIMARY FUNCTION IS PROCESSING

12 CRIME SCENE'S DNA EVIDENCE, FINGERPRINT ANALYSIS,

13 FORENSIC PHOTOGRAPHS LIKE THE ONES THAT ARE TAKEN IN

14 THIS CASE.

15 Q. ALL RIGHT. WE SAW EXHIBIT 2-4, THAT WAS THE

16 SCENE DIAGRAM?

17 A. YES.

18 Q. OKAY. DID YOU -- DID YOU ASSIST MORGAN LANE --

19 IS THAT A CIVILIAN EMPLOYEE?

20 A. SHE'S A CIVILIAN EMPLOYEE.

21 Q. DID YOU ASSIST MS. LANE IN SAYING, "THIS IS ONE

22 OF THE AREAS I WOULD LIKE TO BE PHOTOGRAPHED"?

23 A. YES. I TYPICALLY WALK ALONG WITH HER WHILE

24 SHE'S DOING HER PHOTOGRAPHS TO MAKE SURE EVERYTHING IS

25 BEING TAKEN.

26 Q. ALL RIGHT. NOW, IN YOUR REPORT, DID YOU

27 DOCUMENT VARIOUS DISTANCES AND EVIDENCE?

28 A. YES.

Page 105 1 Q. AND HOW DID YOU DO THAT?

2 A. I USED THE TECHNIQUE THAT IS REFERRED TO AS A

3 STATION LINE BECAUSE OF THE LENGTH OF THE SCENE.

4 Q. CAN YOU EXPLAIN THAT TO US?

5 A. SURE.

6 THE STATION LINE IS A -- BASICALLY, A VERY,

7 VERY LONG CLOTH TAPE THAT HAS MARKINGS ON IT, AND WE

8 FIND A ZERO POINT.

9 THERE'S A LOT OF WAYS TO FIND IT. IN THIS

10 PARTICULAR INCIDENT, I USED A ENGINEERING MARK THAT WAS

11 RIGHT IN THE MIDDLE OF THE INTERSECTION SO THAT I WOULD

12 BE ABLE TO FIND IT EASILY IF I HAD TO RE-CREATE THE

13 SCENE.

14 FROM THAT ENGINEERING MARK, THAT'S THE ZERO,

15 MARK I WENT 465 FEET TO THE SOUTH.

16 Q. WHAT STREET WOULD THAT BE DOWN?

17 A. SOUTH ALONG HINDRY AVENUE.

18 SO THIS ZERO [WITNESS INDICATES] WAS PUT RIGHT

19 IN THE MIDDLE OF ROSECRANS AVENUE AND HINDRY AVENUE,

20 BASICALLY, RIGHT IN THE MIDDLE.

21 AND IT'S AN ENGINEERING MARK -- ONE OF THOSE

22 LITTLE, BRASS BUTTONS THEY PUT IN THE MIDDLE OF THE

23 STREET -- 455 FEET DIRECTLY SOUTH ALONG THE DOUBLE

24 YELLOW LINE THAT YOU SEE ON HINDRY AVENUE.

25 Q. AND WHERE DID YOU END? SO YOU HAD THE ZERO

26 POINT, YOU TOLD US.

27 A. YES.

28 Q. WHERE WAS THE END?

Page: 29 (103 - 106)


Page 106 1 A. THE END WAS 465 FEET SOUTH.

2 Q. OKAY. AND YOU DOCUMENTED THAT ON YOUR POLICE

3 REPORT?

4 A. YES, SIR.

5 Q. ALL RIGHT. 2-6, IS THAT -- DO YOU HAVE YOUR

6 REPORT WITH YOU, SIR?

7 A. I DO, SIR.

8 Q. IF YOU COULD, TURN TO THE STATION LINE

9 MEASUREMENTS.

10 MR. PANISH: I WOULD LIKE TO SHOW THAT EXHIBIT,

11 YOUR HONOR. THAT'S 2-6, THE STATION LINE MARKINGS AND

12 MEASUREMENTS OF THE OFFICER.

13 THE COURT: HAS IT BEEN ADMITTED?

14 MR. PANISH: NOT YET. I'M GOING TO -- YOU TOLD

15 ME TO IDENTIFY IT FIRST BEFORE I DO ANYTHING.

16 THE COURT: IS THERE OBJECTION?



19 THE COURT: 2-6.

20 MR. PANISH: SO CAN I PUT THAT UP NOW?

21 THE COURT: IT'S ADMITTED AND MAY BE PUBLISH.

22 MR. PANISH: OKAY.



25 EVIDENCE.)

26 BY MR. PANISH:

27 Q. IF YOU CAN, WALK US THROUGH THIS -- WE'RE

28 LOOKING NOW AT EXHIBIT 2-6, AND YOU ARE GOING TO WALK US

Page 107 1 THROUGH THE SIGNIFICANCE OF THIS, PLEASE.

2 A. OKAY. THE STATION LINE, AS I MENTIONED BEFORE,

3 WAS RUNNING SOUTH.

4 SO YOU START AT POSITION ZERO. THE

5 MEASUREMENTS OFF OF THE STATION LINE ARE AT THE FOOT

6 MARKER OR THE INCH MARKER OF THE STATION LINE, AND THEN

7 IN A 90-DEGREE ANGLE PERPENDICULAR FROM THAT STATION

8 LINE EAST OR WEST.

9 AND THE PURPOSE OF THAT IS SO THAT AT ANY POINT

10 I COULD GO BACK OUT AND PUT EVERY PIECE OF EVIDENCE THAT

11 IS COLLECTED BACK IN THE EXACT SAME SPOT.

12 MR. PANISH: DID YOU HAVE A QUESTION, YOUR

13 HONOR?

14 THE COURT: I DID.

15 THE -- YOU ARE SHOWING A PORTION OF 2-6 ON THE

16 SCREEN?

17 MR. PANISH: RIGHT. I MEAN, I COULD -- I

18 SHOWED THE WHOLE THING. WE JUST ZOOMED IN TO THIS PART,

19 BUT THERE'S THE WHOLE DOCUMENT.

20 THE COURT: I JUST WANTED TO MAKE SURE THERE

21 WAS NO OBJECTION TO ADMITTING 2-6 AS THE WHOLE PAGE.

22 MR. PANISH: NO.

23 MR. WARD, JR.: WHAT WE ARE REFERRING TO WITH

24 THIS WITNESS IS JUST THE MEASUREMENTS AT THIS TIME, I

25 BELIEVE, MR. PANISH?

26 MR. PANISH: RIGHT. BUT THERE'S TEXT ABOUT THE

27 MEASUREMENTS.

28 THE COURT: 2-6 IS IN EVIDENCE.

Page 108 1 MR. PANISH: IT'S IN EVIDENCE, THOUGH. I'M NOT

2 SURE WHAT'S THE ISSUE.

3 THE COURT: I WANTED TO MAKE SURE THAT WHAT IS

4 IN EVIDENCE IS THE --

5 MR. PANISH: YES, YOUR HONOR. I'M SORRY. I

6 WAS ONLY SHOWING THE BOTTOM, BUT THERE IS A FULL PAGE.

7 BY MR. PANISH:

8 Q. OKAY. LET'S START ON THE LEFT. OKAY?

9 "ITEM." IF YOU COULD, WALK US THROUGH THAT,

10 AND EXPLAIN THE ABBREVIATIONS AND HOW THIS WORKS.

11 A. THE FIRST ITEM IS "AOI"; THAT'S AREA OF

12 INCIDENT. THAT WOULD BE THE VERY FIRST IMPACT INVOLVING

13 VEHICLE 1, THE PICKUP TRUCK; AND VEHICLE 2, WHICH WAS

14 THE MOTORCYCLE.

15 Q. OKAY. CONTINUE ON.

16 A. SECOND LINE DOWN IS THE END OF THE "TC," WHERE

17 AFTER THAT INITIAL IMPACT HAPPENED, ALL VEHICLES CAME TO

18 A REST.

19 Q. WHAT DOES "TC" MEAN?

20 A. I'M SORRY. TRAFFIC COLLISION.

21 Q. WHAT DOES "EV" MEAN?

22 A. EVIDENCE.

23 Q. OKAY.

24 A. IT'S EVIDENCE ITEM NO. 1.

25 Q. SO THAT'S THE FIRST PIECE OF EVIDENCE?

26 A. CORRECT.

27 Q. OKAY. CONTINUE ON, PLEASE.

28 A. THE NEXT ITEM DOWN IS EVIDENCE NO. 2. "MC" IS

Page 109 1 FOR MOTORCYCLE. AND THAT WAS A PIECE OF DEBRIS.

2 Q. A PIECE OF DEBRIS FROM THE MOTORCYCLE WAS ABOUT

3 49.6 INCHES FROM YOUR ZERO MARK?

4 A. CORRECT.

5 Q. AND THEN IT WAS 16.3 -- IS THAT INCHES?

6 A. IT'S 16 FEET, 3 INCHES.

7 Q. OH, OKAY. ALL RIGHT. THANK YOU.

8 OKAY. THEN THE NEXT --

9 THE COURT: MR. PANISH...?

10 BY MR. PANISH:

11 Q. SO THE EACH TIME YOU SAY "EVIDENCE," THERE'S A

12 PIECE OF --

13 THE COURT: IT'S NOON.

14 MR. PANISH: OH, OKAY. THANK YOU, YOUR HONOR.

15 I WAS HAVING -- I DIDN'T KNOW. THAT'S FINE.

16 THE COURT: WE'RE GOING TO TAKE THE NOON RECESS

17 AT THIS TIME.

18 AS BEFORE, PLEASE DO NOT DISCUSS ANYTHING


20 PLEASE DO NOT LET ANYONE DISCUSS IT WITH YOU. PLEASE DO

21 NOT FORM OR EXPRESS ANY OPINION ABOUT THE CASE.

22 WE'LL SEE YOU AT 1:30.

23



26 JURY.)

27

28 THE COURT: YOU NEED TO RETURN AT 1:30.

Page: 30 (107 - 110)


Page 110 1 THE WITNESS: YES, SIR.

2 (WITNESS EXITS THE WITNESS STAND.)

3 THE COURT: ALL OF THE JURORS AND ALTERNATES

4 HAVE LEFT.

5 COUNSEL, ANYTHING ANYONE WISHES TO ADDRESS?


7 MR. FOX: YES, YOUR HONOR.

8 THE COURT: MR. FOX...


10 DURING MR. PANISH'S OPENING STATEMENT, THERE

11 WAS A MOMENT WHEN I OBJECTED. THE COURT HAD SUSTAINED

12 SOME, AND ON ONE, THE COURT OVERRULED MY OBJECTION.

13 MR. PANISH STOPPED, TURNED, AND GLARED AT ME,

14 AND GLARED AT ME FOR ABOUT FIVE SECONDS. I LOOKED OVER

15 AT YOU, AND YOU WEREN'T LOOKING. YOU WERE LOOKING DOWN

16 AT SOMETHING.

17 BUT HE JUST STOPPED --

18 THE COURT: YOU ARE SAYING I GLARED AT YOU?

19 MR. FOX: NO, YOUR HONOR. MR. --

20 YOUR HONOR, WHEN I OBJECTED AND YOU OVERRULED

21 THE OBJECTION, MR. PANISH STOPPED, TURNED AROUND, TURNED

22 HIS BODY, AND GLARED AT ME, AND PAUSED.

23 I -- ASK ANY OF MY COLLEAGUES HERE. I WOULD BE

24 SHOCKED IF THEY SAY THEY DID NOT SEE THAT.

25 AND THEN DURING MY OPENING STATEMENT, WHEN I

26 REFERRED TO DR. BRIEN AND I PUT HER SLIDE UP, I HEARD AN

27 AUDIBLE LAUGH FROM MR. PANISH. I LOOKED OVER. HE WAS

28 LAUGHING. I HAD TO LOOK BACK AT MY NOTES AND KIND OF

Page 111 1 COLLECT MY THOUGHTS AGAIN.

2 AND WHEN I SAT DOWN, WHEN MR. BARGER WAS UP

3 DOING HIS OPENING STATEMENT, I SAT BACK, AND I WATCHED.

4 AND MR. PANISH WAS LAUGHING. HE WAS NODDING HIS HEAD

5 SIDE TO SIDE REPEATEDLY. DROPPING HIS PEN.

6 I WOULD ASK THE COURT -- AND IF THE COURT EVER

7 SEES ME DOING IT BY CHANCE, I WANT THE COURT TO DO THE

8 SAME TO ME, THAT NO COUNSEL SHOULD BE DOING THAT.

9 I DON'T WANT TO BE -- I DON'T WANT TO BE GLARED

10 AT. I DON'T WANT LAUGHTER. I DON'T WANT TO BE

11 INTERRUPTED WHEN I CAN'T KEEP MY TRAINING OF THOUGHT

12 BECAUSE COUNSEL GUFFAWING.

13 NOW, IF SOMEONE WANTS TO TALK TO THEIR

14 CO-COUNSEL AND WHISPER SOMETHING, I HAVE NO PROBLEM WITH

15 THAT, BUT I WOULD ASK THAT THAT STOP, YOUR HONOR,

16 BECAUSE IT WAS VERY DISTRACTING.

17 THE COURT: MR. PANISH...

18 MR. PANISH: FIRST OF ALL, HE OBJECTED AND

19 CONTINUED TO OBJECT. AND I LOOKED TO WAIT AND TO MAKE

20 SURE HE IS DONE OBJECTING AND TALKING, NUMBER ONE.

21 HE CALLS IT A GLARE. I LOOKED AT HIM - OKAY? -

22 BECAUSE HE KEPT OBJECTING, SO I STOPPED. I NEVER SAID A

23 WORD. I WAITED UNTIL THE COURT SAID IT WAS OKAY, NUMBER

24 ONE.

25 NUMBER TWO, I WAS PASSING NOTES TO MR. DUNBAR,

26 AND I DID SMILE ABOUT THE PICTURE -- THE 40-YEAR-OLD

27 PICTURE OF DR. BRIEN. I SMILED. OKAY? I DIDN'T SAY

28 ANYTHING. I DIDN'T OBJECT. I JUST LET HIM PROCEED.

Page 112 1 AND THIS IS WHAT IS GOING TO HAPPEN. THIS IS

2 MY EXPERIENCE EVERY DAY, MR. FOX IS GOING TO DO THIS ON

3 THE RECORD. SO THIS IS WHAT WE ARE EXPECTING. I TOLD

4 YOU THIS IN THE BEGINNING.

5 THE COURT: FOR THE RECORD, I DID NOT SEE THIS,

6 BUT IF I DO SEE IT, I WILL -- LET ME PUT IT THIS WAY.

7 ALL COUNSEL ARE ADMONISHED NOT TO BEHAVE

8 UNPROFESSIONALLY. AND PARTICULARLY, I ADMONISH NOT TO

9 LAUGH OR MAKE FACES AT OR DO ANYTHING UNPROFESSIONAL.

10 AND IF I OBSERVE IT, I WILL -- THERE WILL BE

11 CONSEQUENCES.

12 MR. PANISH: YOUR HONOR, ALSO --


14 MR. PANISH: ALSO, MR. FOX REFERRED IN HIS

15 OPENING STATEMENT ABOUT THE DISCOVERY PROCESS AND HOW

16 THEY WILLINGLY EXCHANGED DOCUMENTS. THERE WAS A MOTION

17 IN LIMINE ON THAT, THAT WE ARE NOT TO GO INTO THAT.

18 BECAUSE OF ALL THE MOTIONS THAT HAD TO BE

19 FILED, THE DISCOVERY DISPUTES, AND ALL OF THAT, WE WERE

20 PROHIBITED FROM GETTING INTO ALL THAT; YET, HE GOT UP TO

21 GIVE THE IMPRESSION THAT THEY WILLFULLY TURNED OVER ALL

22 THIS EVIDENCE.

23 THAT WAS IMPROPER. IT VIOLATED A MOTION IN

24 LIMINE. AND I WOULD LIKE HIM TO BE ADMONISHED NOT TO

25 VIOLATE THE MOTIONS IN LIMINE.

26 THE COURT: MR. FOX, YOU ARE ADMONISHED NOT TO

27 VIOLATE THE MOTION IN LIMINES.


Page 113 1 MR. PANISH: HE, AGAIN, ALSO --

2 MR. FOX: I RESPECTIVELY DISAGREE WITH

3 MR. PANISH'S POSITION, BUT I UNDERSTAND WHAT YOU HAVE

4 SAID, YOUR HONOR. THANK YOU.

5 MR. PANISH: IT'S A MOTION IN LIMINE. IT WAS

6 AN ORDER OF THIS COURT THAT HE VIOLATED, NUMBER ONE.

7 NUMBER TWO, HE GOT INTO THIS, "HE DOESN'T DRIVE

8 FOR US," AND ISSUES RELATED TO THE EMPLOYMENT AND THE

9 SEPARATION. THAT'S RAISING ISSUES THAT I THOUGHT WE

10 WEREN'T GOING INTO, BUT I GUESS WE ARE.

11 MR. FOX: YOUR HONOR, I NEVER SAID THAT IN MY

12 OPENING STATEMENT AT ALL.

13 MR. PANISH: I WILL SHOW IT. WE HAVE IT, ALL

14 WHAT HE SAID.

15 MR. FOX: IN MY OPENING STATEMENT?

16 MR. PANISH: YOU SAID IT YESTERDAY WHEN YOU

17 SAID, "HE IS A FORMER EMPLOYEE," WITHOUT ANY EVIDENCE,

18 DURING JURY SELECTION.

19 HE DID THAT. AND THEN HE DID IT AGAIN IN HIS

20 OPENING STATEMENT.

21 BUT THAT'S FINE. THAT'S FAIR GAME NOW FOR ME.

22 I DIDN'T BRING IT UP.

23 MR. FOX: IT WAS NOT BROUGHT UP IN MY OPENING

24 STATEMENT, YOUR HONOR, SO I'M NOT SURE WHAT COUNSEL IS

25 TALKING ABOUT.

26 MR. PANISH: IT WAS.

27 MR. FOX: THERE IS NOTHING FURTHER FROM ME,

28 YOUR HONOR. THANK YOU.

Page: 31 (111 - 114)


Page 114 1 THE COURT: WE'LL BE IN RECESS UNTIL 1:30.


3

4 (AT 12:05 P.M. THE PROCEEDINGS WERE

5 ADJOURNED FOR NOON RECESS.)

6 ///

7 ///

8 (AT 1:31 P.M. THE PROCEEDINGS WERE

9 RECONVENED.)

10



13 JURY.)

14

15 THE COURT: WE'RE BACK ON THE RECORD IN

16 BC653464, JASON LO, ET AL., VERSUS DOMINICK CONSOLAZIO,

17 ET AL.

18 COURT OBSERVES COUNSEL FOR ALL PARTIES ARE

19 PRESENT.

20 COUNSEL, ANYTHING ANYONE WISH TO ADDRESS?

21 MR. PANISH: JUST ONE THING TO TRY EXPEDITE IT.

22 MR. WARD HAS AGREED ABOUT THE POLICE PHOTO

23 FOUNDATION, SO I AM GOING TO GO FASTER WHEN WE GET TO

24 EACH PHOTOGRAPH OF THE POLICE.

25 IS THAT RIGHT, MR. WARD?

26 MR. WARD, JR.: THAT'S CORRECT.

27 WHAT HE IS REFERRING -- WHAT MR. PANISH IS

28 REFERRING TO ARE PHOTOGRAPHS FROM EXHIBIT 25.

Page 115 1 MR. PANISH: AND ALSO 51.

2 MR. WARD, JR.: SO SEE -- AS FAR AS EXHIBIT 25,

3 IT'S 25-3, 25-4, 25-6, 25-14, 25-15, 25-19, 25-1 -- -21,

4 25-29, 25-35, AND 25-38 TO USE WITH THIS WITNESS.

5 THE COURT: ARE YOU STIPULATING THAT THOSE MAY

6 BE ADMITTED INTO EVIDENCE?

7 MR. WARD, JR.: YES, YOUR HONOR.

8 THE COURT: AND DO ALL PARTIES SO STIPULATED?

9 MR. PANISH: YES.


11 MR. PANISH: AND I WANT TO JUST GET THE

12 FOUNDATION FOR ALL OF THEM, SO I DON'T HAVE TO GO

13 THROUGH WITH THEM WITH HIM, THE POLICE PHOTOS 25, 51.

14 JUST POLICE PHOTOS.

15 THE COURT: FIRST OF ALL, THE LIST THAT WAS

16 READ BY MR. WARD IS ADMITTED.

17 (WHEREUPON EXHIBIT 25-3, EXHIBIT 25-4,

18 EXHIBIT 25-6, EXHIBIT 25-14, EXHIBIT

19 25-15, EXHIBIT 25-19, EXHIBIT 25-21,

20 EXHIBIT 25-29, EXHIBIT 25-35, AND

21 EXHIBIT 25-38 WERE MARKED FOR


23 EVIDENCE.)

24 MR. PANISH: AND THAT'S WITH THIS WITNESS.

25 SO, YOUR HONOR, CAN I, THEN, SHOW IT TO HIM,

26 ONCE I IDENTIFIED IT, TO THE JURY?

27 THE COURT: IF IT'S BEEN ADMITTED INTO

28 EVIDENCE, YOU MAY PUBLISH IT TO THE JURY.

Page 116 1 MR. PANISH: OKAY. ALL RIGHT. FAIR ENOUGH.

2 THAT'S IT. WE'RE READY TO GO.

3 MR. DUNBAR: THERE'S FOUNDATION FOR ALL OF THE

4 PHOTOS THAT POLICE TOOK?

5 MR. PANISH: RIGHT. WELL, I'M GOING TO HAVE

6 HIM SAY THAT.

7 MR. WARD, JR.: THE NUMBERS THAT I JUST GAVE,

8 ARE THERE ADDITIONAL PHOTOS THAT YOU WANT TO USE?

9 MR. PANISH: NO. I JUST WANT TO LAY -- HE IS

10 THE ONE THAT CAN LAY THE FOUNDATION. I DON'T WANT TO

11 HAVE TO BRING ANOTHER PERSON IN FOR ALL THE PHOTOS.

12 MR. WARD, JR.: UNDERSTOOD WHAT YOU ARE

13 REFERRING.

14 SO YOU ARE TALKING ABOUT ALL PHOTOS IN

15 EXHIBIT 25 --

16 MR. PANISH: 25 AND 51. JUST POLICE PHOTOS

17 ONLY.

18 MR. WARD, JR.: UNDERSTOOD. SCENE

19 INVESTIGATION PHOTOGRAPHS.

20 THE COURT: JUST SO THE RECORD IS CLEAR, I HAVE

21 ADMITTED THE LIST OF THE EXHIBITS THAT MR. WARD READ AND

22 WHICH WERE TAKEN DOWN IN THE RECORD.

23 MR. WARD, JR.: CORRECT.

24 THE COURT: OKAY. ARE WE READY TO GO?

25 MR. PANISH: CAN THE WITNESS TAKE THE STAND?

26 THE COURT: AND I ASSUME SOMEBODY -- ONE OF THE

27 DEFENDANTS WILL OBJECT IF YOU THINK SOMETHING HASN'T

28 BEEN ADMITTED.

Page 117 1 MR. PANISH: SO DON'T WORRY. I'M SURE THEY

2 WILL.

3 THE COURT: MS. FAUNE, WILL YOU PLEASE BRING



6 MR. PANISH: IS IT OKAY IF THE OFFICER TAKES

7 THE STAND, YOUR HONOR?

8 THE COURT: YES.

9 MR. PANISH: OKAY. THANK YOU, YOUR HONOR.

10



13 JURY.)

14


16 MR. PANISH...?

17 MR. PANISH: OH, THANK YOU, YOUR HONOR. I'M

18 SORRY.

19 AND I WANT TO, AT THIS TIME, MOVE IN 2-5 AND

20 2-6 INTO EVIDENCE. I BELIEVE COUNSEL'S OKAY WITH THAT.

21 MR. WARD, JR.: THAT IS CORRECT, YOUR HONOR.

22 NO OBJECTION.

23 MR. BARGER: NO OBJECTION, YOUR HONOR.

24 THE COURT: EXHIBIT 2-5 AND 2-6 ARE YOU

25 ADMITTED.

26 (EXHIBIT 2-6 WAS PREVIOUSLY ADMITTED.)



Page: 32 (115 - 118)


Page 118 1 EVIDENCE.)

2 BY MR. PANISH:

3 Q. OKAY. WE'RE GOING TO GO BACK TO 2-6, WHICH IS

4 YOUR LINE MEASUREMENTS. IF YOU CAN, JUST GO THROUGH

5 THAT QUICKLY, PLEASE.

6 A. YES, SIR. I THINK WE LEFT OFF AT EV NO. 2 --

7 Q. RIGHT.

8 A. -- MC, WHICH IS MOTORCYCLE DEBRIS THAT WAS

9 LOCATED 49 FEET, 6 INCHES SOUTH AND 16 FEET, 3 INCHES

10 WEST.

11 Q. OKAY. JUST CONTINUE AND EXPLAIN WHAT YOU DID.

12 A. EVIDENCE ITEM NO. 3 WAS A PIECE OF THE

13 MOTORCYCLE, A PIECE OF THE HARLEY-DAVIDSON THAT WAS

14 57 FEET SOUTH, 18.2 -- OR, 18 FEET, 2 INCHES SOUTH --

15 I'M SORRY, 18 FEET, 2 INCHES WEST.

16 EVIDENCE ITEM NO. 4 WAS A GLOVE THAT WE LOCATED

17 IN THE STREET. IT WAS 153 FEET SOUTH, 5 FEET WEST.

18 Q. DO YOU KNOW WHOSE GLOVE THAT WAS?

19 A. IT WAS THE -- THE MOTORCYCLE RIDER, JASON LO.

20 Q. OKAY.

21 A. HE IDENTIFIED THAT GLOVE.

22 THE LEFT RIGHT TIRE FOR P-3 WAS LOCATED

23 170 FEET SOUTH, 10 INCHES AND 29 FEET, 7 INCHES WEST.

24 THE LEFT FRONT TIRE OF P-3 WAS 179 FEET, 3

25 INCHES SOUTH AND 29 FEET, 8 INCHES WEST.

26 EV NO. 5 WAS ANOTHER PIECE OF DEBRIS THAT WAS

27 281 FEET SOUTH, 16 FEET WEST.

28 EV NO. 6 WAS A PIECE OF THE MOTORCYCLE.

Page 119 1 363 FEET SOUTH AND 10 FEET WEST.

2 EV NO. 7 WAS A BONE FRAGMENT LOCATED ALONG THE

3 VERY LONG TRAIL OF BLOOD AND OTHER DEBRIS LEFT BY THE

4 VICTIM'S LEG. THAT WAS LOCATED 403 FEET, 1 INCH SOUTH

5 AND 10 FEET, 2 INCHES TO THE WEST.

6 THE LEFT RIGHT -- LEFT REAR WHEEL FOR PARTY 1,

7 THAT VEHICLE -- OR, I'M SORRY, THAT MARKING WAS

8 429 FEET, 9 INCHES SOUTH AND 10 FEET WEST.

9 THE LEFT FRONT TIRE OF VEHICLE 1, PARTY 1, WAS

10 441 FEET, 8 INCHES SOUTH AND 10 FEET, 4 INCHES WEST.

11 THE MOTORCYCLE'S FRONT AXLE - BECAUSE THE WHEEL

12 WAS DAMAGED, SO I MEASURED IT TO THE CENTER POINT OF THE

13 AXLE - WAS 441 FEET, 8 INCHES SOUTH AND 5 FEET, 2 INCHES

14 TO THE WEST.

15 THE REAR AXLE FOR THE MOTORCYCLE WAS 443 FEET,

16 2 INCHES TO THE SOUTH, 9 FEET, 4 INCHES TO THE WEST.

17 EV NO. 8 WAS A MOTORCYCLE CONTROL.

18 Q. WHAT IS THAT?

19 A. I WOULD HAVE TO SEE THE VIDEO -- I'M SORRY, A

20 PICTURE OF THAT EVIDENCE ITEM, JUST BECAUSE IT'S BEEN

21 AWHILE SINCE I LOOKED AT THE PHOTOS.

22 Q. SURE.

23 A. BUT IT'S JUST A PIECE OF THE MOTORCYCLE,

24 POSSIBLY THE SHIFTER - I AM SPECULATING - 447 FEET, 2

25 INCHES THE SOUTH AND 13 FEET, 1 INCH.

26 AND EV ITEM NO. 10 WAS DEBRIS THAT WAS LOCATED

27 ON THE HOOD OF PARTY 1'S VEHICLE, AND THAT WAS 441 FEET

28 SOUTH AND 10 FEET TO THE WEST.

Page 120 1 Q. AS A PART OF YOUR INVESTIGATION, WERE YOU ABLE

2 TO INTERVIEW MR. LO THAT DAY?

3 A. YES. I -- MY MEMORY SERVES ME CORRECT, HE WAS

4 HIGHLY SEDATED. I DID PERFORM AN INTERVIEW WERE HIM,

5 BUT IT WAS NOT THAT DAY. I MET WITH HIS FAMILY THE DAY

6 OF THE CRASH.

7 Q. WHEN WERE YOU ABLE TO TALK TO HIM, IF YOU

8 RECALL? COUPLE OF DAYS LATER?

9 A. YEAH. IT WAS EITHER THE FOLLOWING DAY OR TWO

10 DAYS AFTER.

11 Q. ALL RIGHT. BEFORE YOU FINALIZED YOUR REPORT,

12 DID YOU DO ANYTHING?

13 LET ME -- THAT'S A VAGUE QUESTION.

14 DID YOU SEEK TO GET ANY OTHER EVIDENCE AS PART

15 OF YOUR INVESTIGATION, SUCH AS VIDEOS AND SUCH?

16 A. YES. SO PART OF -- PART OF WHAT THE PATROL

17 OFFICERS DID BEFORE I ARRIVED ON SCENE WAS SECURE

18 EVIDENCE IN THE FORM OF VIDEO SURVEILLANCE FOOTAGE FROM

19 THE USA GAS STATION THAT IS AT THE SOUTH -- SOUTHEAST

20 CORNER OF HINDRY AVENUE AND ROSECRANS. THAT

21 SURVEILLANCE FOOTAGE ACTUALLY CAPTURED THE INITIAL

22 ACCIDENT BETWEEN THE THREE VEHICLES.

23 AND THERE WAS ALSO VIDEO RETRIEVED FROM THE

24 BUSINESS MCDONALD'S, WHICH IS ON THE SOUTHWEST CORNER OF

25 THAT INTERSECTION.

26 Q. DID YOU ALSO HAVE SEARCH WARRANTS ISSUED?

27 A. WE DID A SEARCH WARRANT FOR THE -- IT'S CALLED

28 THE ELECTRONIC CONTROL. IT'S CALLED ECR DATA.

Page 121 1 Q. THE ELECTRONIC CONTROL RECORDER, OR MODULE?

2 A. CORRECT.

3 Q. WHAT IS THAT?

4 A. IT'S, BASICALLY, THE ON-BOARD COMPUTER, THE

5 BRAINS OF THE COMPUTER FROM THE CHEVY AVALANCHE THAT WAS

6 DRIVEN BY PARTY 1.

7 Q. AND THAT WOULD GIVE INFORMATION SUCH AS SPEED?

8 A. SPEED, PERCENTAGE OF THROTTLE, PERCENTAGE OF

9 BRAKE APPLIED.

10 THERE'S HUNDREDS OF PIECES OF DATA, BUT

11 THAT'S -- THE MAIN THING THAT WE ARE LOOKING AT WAS

12 SPEED AT TIME OF IMPACT, PERCENTAGE OF THROTTLE,

13 PERCENTAGE OF BRAKAGE USE.

14 Q. AND YOU NEVER SPOKE TO MR. CONSOLAZIO; IS THAT

15 CORRECT?

16 A. THAT IS CORRECT.

17 Q. ...AND THAT WAS OFFICER JIMENEZ?


19 Q. OKAY.

20 MR. PANISH: LET'S IDENTIFY, YOUR HONOR,

21 EXHIBIT 17, SURVEILLANCE VIDEO FROM US GAS STATION --

22 USA GAS STATION, WHICH, IN THE BOOK, IS JUST A VIDEO,

23 YOUR HONOR.

24 (WHEREUPON EXHIBIT 17 WAS MARKED FOR

25 IDENTIFICATION.)

26 BY MR. PANISH:

27 Q. AND THIS VIDEO -- ALL THE VIDEOTAPES, YOU

28 OBTAINED THOSE?

Page: 33 (119 - 122)


Page 122 1 A. THEY WERE OBTAINED BY PATROL OFFICERS AND THEN

2 BROUGHT BACK TO THE STATION FOR BOOKING EVIDENCE.

3 Q. AND YOU REVIEWED THEM AS PART OF YOUR

4 INVESTIGATION?

5 A. THAT'S CORRECT, SIR.

6 Q. AND DO THEY TRULY AND ACCURATELY DEPICT YOUR --

7 WHAT YOU FOUND IN YOUR INVESTIGATION?

8 A. YES.

9 Q. ALL RIGHT.

10 MR. PANISH: I WOULD LIKE TO IDENTIFY, FIRST,

11 14, WHICH I IDENTIFIED, AND I WOULD LIKE TO SHOW THAT.

12 THE COURT: I'M SORRY. WHAT ARE YOU ASKING?

13 MR. PANISH: EXHIBIT 14, YOUR HONOR, THE USA.

14 IT'S JUST -- IN YOUR BOOK, THERE'S JUST GOING TO BE A -

15 WHAT DO YOU CALL THAT? - A DISC OF THE ACTUAL VIDEO,

16 WHICH WAS PROVIDED TO COUNSEL. I DON'T THINK THERE'S AN

17 ISSUE.

18 IS THAT OKAY. MR. WARD...?



21 IDENTIFICATION.)

22 BY MR. PANISH:

23 Q. CAN YOU TELL US WHAT WE ARE SEEING HERE? WHERE

24 ARE WE?

25 A. THIS IS RED-LIGHT-CAMERA FOOTAGE FROM THE CITY

26 OF HAWTHORNE; THIS ISN'T FROM USA GAS STATION.

27 Q. WHAT DOES "RED LIGHT CAMERA" MEAN?

28 A. OUR INTERSECTION AT THIS LOCATION IS -- IT'S A

Page 123 1 REDFLEX INTERSECTION. AND WHAT THAT IS, IS AN AUTOMATED

2 RED LIGHT TRAFFIC CITATION ISSUER LOCATION.

3 WHAT WE ARE LOOKING AT IS THE VIDEO FEED FROM

4 THAT INTERSECTION.

5 Q. OKAY.

6 A. THE CAMERA THAT YOU ARE LOOKING AT IS POINTED

7 IN A SOUTHWESTERLY DIRECTION. THAT MCDONALD'S IS

8 LOCATED ON THE SOUTHWEST CORNER OF HINDRY AVENUE AND

9 ROSECRANS AVENUE.

10 (VIDEO PLAYED.)


12 BY MR. PANISH:

13 Q. IS THAT THE INITIAL IMPACT?

14 A. YES, SIR.

15 Q. AND THEN WHILE HE IS WAITING, I SEE A RED

16 LIGHT. WHAT IS THAT?

17 A. THE RED LIGHT IN THE MIDDLE OF THE SCREEN?

18 Q. YES.

19 A. THAT IS THE TURN SIGNAL, LEFT ARROW RED TURN

20 SIGNAL THAT YOU SEE.

21 Q. AND SO THAT WOULD BE FOR THE LANE THAT

22 MR. CONSOLAZIO -- IT TURNED GREEN NOW. THAT'S JUST A

23 LIGHT GREEN, CORRECT?

24 A. CORRECT.

25 Q. OKAY. SO HE ACTUALLY WAITED UNTIL THE LIGHT

26 CHANGED BEFORE HE WENT?

27 A. CORRECT.

28 Q. OKAY.

Page 124 1 ALL RIGHT. LET'S GO TO EXHIBIT 14.

2 (COUNSEL ENGAGE IN AN OFF-THE-RECORD

3 DISCUSSION IN OPEN COURT.)

4 MR. PANISH: IDENTIFY THAT, YOUR HONOR. NO

5 OBJECTION.

6 MR. DUNBAR: WE NEED 17. WE JUST SAW 14.

7 MR. PANISH: IS THAT OKAY, MR. WARD? 14?

8 MR. WARD, JR.: WE JUST SAW 14.

9 MR. PANISH: WELL, THIS IS MORE OF IT.

10 MR. WARD, JR.: YOU ARE LOOKING FOR 17 OR 14?

11 MR. PANISH: 17.

12 MR. WARD, JR.: NO OBJECTION.

13 MR. PANISH: THANKS.

14 THE COURT: OKAY. AND IS THAT NO OBJECTION AS

15 TO ADMISSIBILITY OR PUBLISHING?

16 MR. WARD, JR.: AS TO THE ADMISSIBILITY, YOU

17 HONOR.

18 MR. PANISH: I THINK, JUST TO SPEED THIS UP, WE

19 HAVE A STIPULATION ON THE VIDEOS FROM THE SCENE THAT THE

20 POLICE RECOVERED.

21 THE COURT: 17 IS ADMITTED.

22 MR. PANISH: YES. THANK YOU, YOUR HONOR.

23 (WHEREUPON EXHIBIT 17 WAS RECEIVED IN

24 EVIDENCE.)

25 MR. PANISH: IF WE COULD, PLAY THAT, PLEASE.

26 THE VIDEO TECHNICIAN: [COMPLIED].

27 (VIDEO PLAYED.)

28 ///

Page 125 1 BY MR. PANISH:

2 Q. THIS IS USA GAS?

3 A. YES, SIR.

4 Q. AND THERE'S MR. LO. IS THAT HIM STOPPING?

5 A. YES.

6 Q. OKAY.


8 MR. PANISH: OKAY. THAT'S THE END.

9 LET'S IDENTIFY EXHIBIT 15. THIS IS MORE ZOOMED

10 IN FROM THE USA TODAY -- OR, USA GAS STATION. SORRY.

11 BUT IDENTIFY THAT BUT DON'T PUT IT -- OH,

12 THAT'S OKAY. HE SAID IT WAS OKAY.


14 IDENTIFICATION.)

15 (VIDEO PLAYED.)

16 BY MR. PANISH:

17 Q. SO WE HAVE THERE -- ACTUALLY, THAT'S BEEN PUT

18 ON; THAT WASN'T ON THE INITIAL VIDEOS, THE CIRCLE AND

19 THE STREET, RIGHT? THAT WASN'T ON THE VIDEO THAT YOU

20 OBTAINED, RIGHT?

21 A. CORRECT.

22 Q. JUST WANT EVERYONE TO BE CLEAR WE HAVE ADDED

23 THAT. THIS WAS A LITTLE ENHANCED.


25 MR. PANISH: OKAY. I'D LIKE TO IDENTIFY

26 EXHIBIT NO. 13, THE RED LIGHT ON THE -- ON THE VIDEO ON

27 THE SOUTHEAST CORNER THAT IS EXHIBIT 13.

28 LET'S JUST SHOW THAT NOW.

Page: 34 (123 - 126)


Page 126 1 MR. WARD, JR.: NO OBJECTION, YOUR HONOR.

2 MR. BARGER: NO OBJECTION.

3 THE COURT: EXHIBIT 13 IS ADMITTED.



6 EVIDENCE.)

7 BY MR. PANISH:

8 Q. OKAY. THIS IS A DIFFERENT VIEW?

9 A. YEAH. IT'S THE SAME RED-LIGHT-CAMERA SYSTEM,

10 BUT THIS CAMERA IS FACING NORTHBOUND. ROSECRANS AVENUE

11 IS GOING ACROSS YOUR SCREEN FROM RIGHT TO LEFT.

12 Q. THAT'S -- ROSECRANS IS A PRETTY BUSY STREET IN

13 THAT LOCATION?

14 A. YES, SIR.

15 Q. THE BLUE VEHICLE, DO YOU SEE THAT?

16 A. YES, SIR.

17 Q. IT'S STOP -- WHAT IS THAT?

18 A. THAT IS PARTY 3 IN THE ACCIDENT.

19 Q. OKAY. NOW, THE LEFT TURN LIGHT IS NOW AS -- IS

20 RED - IS THAT RIGHT? - THE LEFT TURN INDICATOR.

21 A. CORRECT.

22 MR. PANISH: OKAY. WE CAN STOP THAT.

23 OH, WE HAVE -- WE HAVE SEEN -- WE'RE GOING TO

24 MOVE TO THE NEXT ONE, EXHIBIT 14, NORTHEAST CORNER RED

25 LIGHT CAMERA.

26 MR. DUNBAR: BRIAN, WE HAVE DONE ALL FOUR

27 VIDEOS.

28 MR. PANISH: HAVE WE? DID I DO 14 ALREADY?

Page 127 1 OKAY. DON'T WANT TO KEEP DOING.

2 BY MR. PANISH:

3 Q. DID YOU DETERMINE, SIR, WHO THE DRIVER OF THE

4 WHITE PICKUP TRUCK WITH THE "SOUTHERN CALIFORNIA GAS

5 COMPANY" LOGO ON IT WAS?

6 A. YES.

7 Q. AND WHO WAS THAT?

8 A. HIS NAME WAS DOMINICK CONSOLAZIO.

9 Q. HOW DID YOU FIND OUT THAT HE WAS THE DRIVER?

10 A. HE ADMITTED TO OFFICER JIMENEZ THAT HE WAS THE

11 DRIVER OF THE VEHICLE.

12 Q. AND DID YOU DETERMINE WHO THE OPERATOR OF THE

13 MOTORCYCLE WAS?

14 A. YES.

15 Q. WHO WAS THAT?

16 A. HE WAS JASON LO.

17 Q. AND HOW DID YOU FIND THAT OUT?

18 A. HE WAS STILL TRAPPED UNDERNEATH THE MOTORCYCLE

19 AND WEDGED UNDERNEATH THE CALIFORNIA GAS TRUCK WHEN

20 OFFICERS ARRIVED.

21 Q. DID YOU DETERMINE WHO THE DRIVER OF THE WHITE

22 HONDA -- I THINK IT'S -- WHAT DO THEY CALL IT? AN HRV

23 OR CRV?

24 A. THE BLUE HONDA?

25 Q. YES.

26 A. PARTY 3. YES. SHE IDENTIFIED HERSELF AS BEING

27 THE DRIVER IN THE VEHICLE TO OFFICERS ON SCENE.

28 Q. ALL RIGHT. NOW, THE SEARCH WARRANT YOU ISSUED

Page 128 1 TO DOWNLOAD THE ELECTRONIC CONTROL, EITHER MODULE OR

2 SYSTEM, HOW -- WHO DOWNLOADED THAT, IF YOU KNOW?

3 A. I KNOW HIS -- THE NAME OF THE OPERATOR IS ON

4 TOP OF THE REPORT. I DON'T RECALL OFF THE TOP OF MY

5 HEAD WHO DID THE DOWNLOAD, SIR.

6 Q. AND DID YOU REVIEW THAT INFORMATION?

7 A. I DID REVIEW IT.

8 Q. OKAY. EVENTUALLY, YOU WENT TO -- STRIKE THAT.

9 INITIALLY YOU TRIED TO SPEAK TO MR. LO, BUT HE

10 WAS UNABLE, CORRECT?

11 A. CORRECT.

12 Q. LATER YOU WERE ABLE TO COMMUNICATE WITH HIM?

13 A. YES.

14 Q. SEVERAL DAYS LATER?

15 A. YES.

16 Q. AND DID YOU INTERVIEW HIM ABOUT THE COLLISION?

17 A. MY INTERVIEW WITH HIM, WITH MR. LO, WAS MORE

18 JUST TO MAKE CONTACT, INTRODUCE MYSELF AS THE

19 INVESTIGATOR.

20 BECAUSE HE WAS AT A COMPLETE STANDSTILL AND

21 HAD, YOU KNOW, ZERO MOVEMENT PRECEDING THE ACCIDENT, I

22 DIDN'T REALLY NEED TO INTERVIEW HIM ABOUT CAUSATION. SO

23 IT WAS JUST TO INTRODUCE HIMSELF AND EXPLAIN TO HIM WHAT

24 MY PURPOSE AND PROCESS WAS GOING TO BE.

25 Q. DO YOU REMEMBER ASKING HIM IF HE WANTED TO GIVE

26 AN OFFICIAL STATEMENT?

27 A. THAT WOULD BE HIS -- MY OFFICIAL STATEMENT THAT

28 I WAS GETTING FROM HIM, SIR.

Page 129 1 Q. HE FULLY COOPERATED WITH YOU?

2 A. YES.

3 Q. I WANT TO GO NOW IN THE PHYSICAL EVIDENCE THAT

4 WE LOOKED AT IN EXHIBIT 2-4, YOUR LEGEND OR YOUR STATION

5 MEASUREMENTS. I'M SORRY, 2-5, I GUESS IT IS. AND

6 THEN -- OKAY. THAT EXHIBIT WE WENT THROUGH. I DON'T

7 WANT TO GO BACK OVER IT.

8 BUT WHAT I DO WANT TO DO IS, FIRST OF ALL, ASK

9 YOU, DID YOU TAKE THESE BOOKS AT MY REQUEST AND GO TO

10 EXHIBIT 25, ALL THE POLICE PHOTOGRAPHS, AND REVIEW THEM

11 ALL?

12 A. YES, I DID.

13 Q. WERE THEY ALL DONE IN THE COURSE AND SCOPE --

14 STRIKE THAT, IN THE REGULAR COURSE OF BUSINESS FOR THE

15 HAWTHORNE POLICE DEPARTMENT?

16 A. WE WERE ALL TAKEN -- YES, THEY WERE.

17 Q. DO THEY ALL TRULY AND ACCURATELY DEPICT WHAT

18 YOU SAW AT THE SCENE?

19 A. YES.

20 MR. PANISH: I MOVE THOSE INTO EVIDENCE, YOUR

21 HONOR, ALL OF EXHIBIT 25.

22 THE COURT: ANY OBJECTION?

23 MR. WARD, JR.: OBJECTION TO THE EXTENT THAT

24 THE PHOTOGRAPHS BECOME CUMULATIVE AT SOME POINT. WE CAN

25 TAKE THAT UP OUTSIDE THE PRESENCE OF THE JURY IF THE

26 COURT IS INCLINED TO DO SO.

27 MR. PANISH: I JUST WANT TO HAVE THEM IN FOR

28 FOUNDATION NOW, AND THEN WE'LL DEAL WITH IT LATER IF

Page: 35 (127 - 130)


Page 130 1 IT'S AN ISSUE.

2 THE COURT: THEY ARE GOING -- ARE YOU SAYING

3 THEY ARE GOING TO BE OFFERED INTO EVIDENCE LATER?

4 MR. PANISH: I'M OFFERING THEM ALL NOW IN

5 EVIDENCE.

6 THE COURT: OKAY. MR. WARD, YOU ARE -- ARE YOU

7 OBJECTING TO ANY IN PARTICULAR?

8 MR. WARD, JR.: I'M OBJECTING TO THE EXTENT THE

9 THAT THERE ARE 102 PHOTOGRAPHS, AND MANY OF THEM ARE

10 CUMULATIVE, WHICH IS THE BASIS FOR THAT CUMULATIVE

11 OBJECTION.

12 TO THE EXTENT THERE'S ANY SPECIFIC PHOTOGRAPHS

13 THAT MR. PANISH WOULD LIKE TO PRESENT TO A WITNESS, I

14 HAVE NO PROBLEM TAKING THOSE UP PIECE BY PIECE, BUT AS

15 FAR AS THESE 102 PHOTOGRAPHS, THE OBJECTION WOULD BE

16 THEY BECOME CUMULATIVE.


18 MR. PANISH: WELL, THE FOUNDATION IS LAID FOR

19 THEM ALL; IS THAT RIGHT?

20 MR. WARD, JR.: THERE IS NO OBJECTION IN THAT

21 REGARD.


23 IDENTIFICATION.)

24 BY MR. PANISH:

25 Q. AND THE SAME, EXHIBIT 51, YOU REVIEWED THOSE

26 POLICE PHOTOGRAPHS I ASKED YOU IN THE BOOK?

27 A. YES, SIR.

28 Q. AND THOSE WERE ALL DONE IN THE REGULAR COURSE

Page 131 1 OF BUSINESS FOR THE HAWTHORNE P.D.?

2 A. YES, SIR.

3 Q. OKAY. SO LET'S GO TO EXHIBIT -- DID YOU

4 NOTICE --

5 YOU MENTIONED EARLIER ABOUT A TRAIL FROM THE

6 INITIAL IMPACT TO THE END. DO YOU RECALL THAT?

7 A. YES, SIR.

8 Q. TELL US WHAT YOU SAW.

9 A. FROM THE AREA OF REST AFTER THE INITIAL

10 COLLISION TO THE FINAL RESTING POINT OF PARTY 1 --

11 PARTY 1'S VEHICLE, THE WHITE CHEVY, AND PARTY 2

12 MOTORCYCLE, THERE WAS A TIRE SKID MARK, SOME SCUFF AND

13 GOUGE MARKS, AND A RED TRAIL OF BLOOD AND -- ALONG IT

14 SOME PIECES OF CLOTHING THAT WENT FROM THAT ENTIRE

15 DISTANCE. AND I BELIEVE THE OVERALL DISTANCE OF THAT

16 TRAIL WAS 436 FEET.

17 Q. ALMOST A FOOTBALL FIELD AND A HALF?

18 A. CORRECT.

19 Q. AND WAS THERE ANY INTERRUPTION, OR WAS IT A

20 CONSTANT PATTERN?

21 A. IT WAS CONSTANT. AND ACTUALLY THERE WAS, LIKE,

22 A LANE CHANGE INVOLVED. LIKE HE WAS GOING -- HE

23 INITIALLY STARTED IN ONE LANE AND KIND OF VEERED OFF

24 INTO ANOTHER LANE TO PERFORM A LANE CHANGE.

25 Q. LET'S TAKE A LOOK AT EXHIBIT 25-3.

26 OKAY. WE SAW THAT.

27 LET'S GO TO 25-4. WHAT DO WE SEE THERE?

28 A. IT'S THE SAME VIEW ON ROSECRANS AVENUE FACING

Page 132 1 WESTBOUND. THAT DEBRIS IS GOING TO BE VERY CLOSE TO THE

2 AREA OF REST AFTER THE FIRST INITIAL ACCIDENT -- FIRST

3 INITIAL COLLISION.

4 MR. PANISH: I WOULD LIKE TO SEE EXHIBIT 25-14.

5 VIDEO TECHNICIAN: [COMPLIED].

6 BY MR. PANISH:

7 Q. DO WHAT DO WE SEE THERE?

8 A. RIGHT NOW WE ARE STANDING ON ROSECRANS AVENUE,

9 AND WE ARE FACING SOUTH DOWN HINDRY. THE MARKINGS THAT

10 YOU SEE IN THE ROADWAY, THE RED MARK AND THE GOUGE MARK

11 IS THE TRAIL I WAS REFERRING TO EARLIER.

12 Q. AND YOU SAID -- WAS THERE -- IS THERE A

13 DIFFERENCE BETWEEN A BLOOD TRAIL AND A BLOOD SCUFF MARK?

14 A. I'M NOT SURE IF I HAVE EVER SEEN A BLOOD SCUFF

15 MARK. SCUFF WOULD BE WHAT WE REFER TO AS A MARK MADE BY

16 A VEHICLE. THE BLOOD WOULD JUST BE INDICATIVE OF THE

17 PERSON GETTING DRAGGED.

18 Q. OKAY. LET'S LOOK AT EXHIBIT 25-15.

19 A. THIS IS THE SAME VIEW BUT DIFFERENT PICTURE.

20 WE'RE STILL LOOKING SOUTHBOUND ALONG HINDRY AVENUE.

21 Q. 25-19.

22 A. AGAIN, STILL WALKING SOUTHBOUND. THIS ONE

23 FOCUSED MORE ON THE TRAIL AND THE GOUGE MARK.

24 Q. 25-21.

25 A. THIS PICTURE SHOWS THE S PATTERN OF, LIKE, A

26 LANE CHANGE THAT I REFERRED TO EARLIER OF THE TRAIL AND

27 THE SCUFF MARK AND THE GOUGE MARK.

28 Q. 25-29.

Page 133 1 A. SAME VIEW. DIFFERENT PICTURE. WE ARE LOOKING

2 SOUTHBOUND. THE WHITE PICKUP TRUCK IS PARTY 1'S

3 VEHICLE.

4 Q. 25-35.

5 A. THERE'S AN OVERALL PICTURE, BUT WITH -- THAT'S

6 A PIECE OF THE MOTORCYCLE, PART OF THE DEBRIS AND --

7 Q. WE'RE GOING TO COME BACK ON THE CLOSE-UPS.

8 EVERY TIME THERE'S A YELLOW -- WHAT DO YOU CALL

9 THAT?

10 A. EVIDENCE MARKER.

11 Q. I GUESS EVERY TIME YOU PUT AN EVIDENCE MARKER,

12 THAT'S TO IDENTIFY EVIDENCE?

13 A. YES, SIR.

14 Q. OKAY. I GET THAT.

15 LET'S DO -38. 25-38.

16 A. CLOSE-UP VIEW OF PARTY 1'S VEHICLE AND

17 PARTY 2'S MOTORCYCLE AT A -- THEIR POSITION OF REST.


19 IDENTIFICATION.)

20 BY MR. PANISH:

21 Q. 25-52?

22 A. THIS IS A PICTURE FACING DUE WEST OF THE FRONT

23 OF THE VEHICLE --

24 Q. 25- --

25 A. -- LEFT IN FRONT OF THE VEHICLES.


27 IDENTIFICATION.)

28 ///

Page: 36 (131 - 134)



2 Q. 25-54.

3 A. THIS PICTURE IS THE VEHICLES AT REST. RIGHT

4 NOW THE CAMERA IS FACING NORTHWEST.

5 Q. AND THAT AREA -- I AM INDICATING. IT LOOKS TO

6 BE SOME KIND OF RED SUBSTANCES. WHAT IS THAT?

7 A. COAGULATED BLOOD.

8 Q. WHERE DID THAT COME FROM?

9 A. FROM THE VICTIM'S LEG.


11 IDENTIFICATION.)

12 BY MR. PANISH:

13 Q. LET'S GO TO 25-55. IS THIS A CLOSER SHOT?

14 A. YES, SIR.


16 IDENTIFICATION.)

17 BY MR. PANISH:

18 Q. 25-66.

19 A. THIS IS A VIEW FACING NORTHBOUND ALONG HINDRY

20 AVENUE SHOWING THE SAME TRAIL AND SCUFF MARK AND GOUGE

21 MARK EXCEPT FROM THE OTHER DIRECTION.

22 Q. SO, I'M GOING TO GO THROUGH QUICKLY 25-39 TO

23 -44 AS WE GO TO SHOW THE -- OF THE TRIAL?

24 (WHEREUPON EXHIBIT 25-39, EXHIBIT 25-40,

25 EXHIBIT 25-41, EXHIBIT 25-42, EXHIBIT

26 25-43, AND EXHIBIT 25-44 WERE MARKED FOR

27 IDENTIFICATION.)

28 MR. PANISH: SO LET'S GO THROUGH THOSE.

Page 135 1 39.


3 MR. PANISH: 40.


5 BY MR. PANISH:

6 Q. THAT IS 25-40. I'M GOING TO COME BACK TO A

7 CLOSE-UP.

8 25-41.


10 BY MR. PANISH:

11 Q. THE CLOSE-UP OF THE -- IS THAT THE BONE

12 FRAGMENTS?

13 A. YEAH. I WASN'T POSITIVE. IT APPEARED TO BE A

14 BONE FRAGMENT. IT COULD HAVE BEEN A PIECE OF TENDON,

15 BUT IT WAS DEFINITELY A PIECE OF FLESH.

16 Q. OKAY. AND THEN 25-42. SAME THING?

17 A. YES, SIR.

18 Q. 25-43. CLOSER UP, RIGHT?

19 A. YES.

20 Q. 25-44? PRETTY CLOSE UP. THAT'S THE HUMAN PART

21 BODY PART?

22 A. YES.

23 Q. OKAY.

24 MR. PANISH: LET'S GO TO 25-75.


26 IDENTIFICATION.)

27 BY MR. PANISH:

28 Q. WHAT IS THAT A PICTURE OF?

Page 136 1 A. THAT'S PARTY 2'S BOOT THAT WAS WEDGED IN

2 BETWEEN THE MOTORCYCLE AND THE VEHICLE.

3 Q. THAT'S MR. LO'S, HIS WORK BOOT THAT HE WAS

4 WEARING THAT'S LODGED THERE?

5 A. YES.

6 Q. OKAY. NOW I WANT TO QUICKLY GO THROUGH EACH

7 ITEM AS IT RELATES TO YOUR STATIONS. OKAY?

8 A. YES, SIR.

9 Q. SO ITEM 1 IS 25-82.


11 IDENTIFICATION.)

12 BY MR. PANISH:

13 Q. YOU SEE THAT? I THINK IT HAS A "1" ON IT,

14 DOESN'T IT?

15 A. YES.

16 Q. SO -- THERE YOU GO. SO THAT'S THE -- WHAT?

17 A. THAT'S THE -- WHERE THE TWO VEHICLES --

18 ACTUALLY WHERE ALL THREE VEHICLES, LIKE THE AREA OF REST

19 AND A PILE OF DEBRIS AT THE END OF THE FIRST COLLISION.

20 MR. PANISH: OKAY. LET'S GO TO ITEM 2. THAT'S

21 25-83.


23 IDENTIFICATION.)

24 BY MR. PANISH:

25 Q. WHAT IS THAT?

26 A. IT'S JUST A PIECE OF DEBRIS FROM THE COLLISION.

27 Q. 25-83 -- SO THAT -- THAT'S 83? YEAH.

28 MR. PANISH: LET'S GO TO 25-84.

Page 137 1 (WHEREUPON EXHIBIT 25-84 WAS MARKED FOR

2 IDENTIFICATION.)

3 BY MR. PANISH:

4 Q. THAT'S ITEM NO. 4, CORRECT?

5 A. IF I REMEMBER CORRECTLY, THAT'S THE GLOVE THAT

6 WE FOUND IN THE STREET ALONG THE PATH.

7 Q. OKAY. THAT WAS A -- HOW FAR WAS THAT FROM THE

8 END APPROXIMATELY?

9 A. CAN I REFRESH MY MEMORY FOR AN EXACT

10 MEASUREMENT?

11 Q. YES, SIR.

12 A. THANK YOU.

13 IT WAS 153 FEET SOUTH OF THE 0 STATION LINE.

14 Q. SO IT'S -- TO THE END WAS 400 AND WHAT?

15 A. APPROXIMATELY 436.

16 Q. OKAY. SO LIKE A THIRD OF THE WAY IN?

17 A. YEAH. APPROXIMATELY.

18 Q. YEAH. OKAY.

19 OKAY. LET'S GO TO ITEM 5. THAT'S 25-87. IT'S

20 ITEM 5.


22 IDENTIFICATION.)

23 BY MR. PANISH:

24 Q. DO YOU REMEMBER WHAT THAT WAS?

25 A. THAT WAS JUST ANOTHER PIECE OF DEBRIS. I

26 BELIEVE IT'S A PART OF THE FRONT FENDER OF THE

27 MOTORCYCLE.

28 MR. PANISH: LET'S LOOK AT ITEM 6, 25-88 -- AND

Page: 37 (135 - 138)


Page 138 1 ACTUALLY 25-89 MIGHT EVEN SHOW IT BETTER.


3 IDENTIFICATION.)

4 BY MR. PANISH:

5 Q. OKAY. WHAT IS THAT?

6 A. ANOTHER PIECE OF THE MOTORCYCLE. I BELIEVE

7 THAT WAS THE PIECE OF THE MIRROR FAIRING.

8 Q. OKAY. AND 25 -- ITEM NO. 7.

9 MR. PANISH: DID I SHOW 25-89? YEAH.

10 ITEM 7 WOULD BE 25-90 AND -91.

11 (WHEREUPON EXHIBIT 25-90 AND EXHIBIT

12 25-91 WERE MARKED FOR IDENTIFICATION.)

13 BY MR. PANISH:

14 Q. WHAT WAS ITEM 7? DO YOU REMEMBER?

15 A. THAT'S THE PIECE OF FLESH.

16 Q. 25 -- ITEM 8, 25-92.


18 IDENTIFICATION.)

19 MR. PANISH: OKAY. LET'S GO TO 93.


21 IDENTIFICATION.)

22 BY MR. PANISH:

23 Q. THAT'S A CLOSER UP VIEW?

24 A. IS THERE ONE MORE CLOSER? SO I COULD SEE

25 THERE.

26 Q. THERE IS. 25-94.


28 IDENTIFICATION.)


2 Q. OKAY. LET'S GO TO ITEM 9, 25-92.

3 25 -- DO YOU REMEMBER WHAT ITEM 9 IS?

4 A. LET ME REFRESH MY MEMORY.

5 Q. YES. YOU CAN.

6 A. OH. YEAH.

7 ITEM 9 WAS NOT COLLECTED AS A PIECE OF EVIDENCE

8 BECAUSE IT'S NOT PART OF THE ACCIDENT.

9 ONE OF OUR LOCAL TOW TRUCK DRIVERS THAT WORKS

10 WITH THE POLICE DEPARTMENT, THE COMPANY IS CALLED

11 U.S. TOW, HE WAS AROUND THE CORNER WHEN THE ACCIDENT

12 HAPPENED, HEARD IT ON THE SCANNER, AND AS HE WAS DRIVING

13 BY AND SAW THE DRIVER WAS PINNED -- THE RIDER WAS

14 UNDERNEATH THE VEHICLE.

15 THAT IS THE JACK OFF OF HIS TOW TRUCK THAT HE

16 USED TO LIFT THE VEHICLE UP.

17 Q. ALL RIGHT. AND 25-94 -- OR, -93, ACTUALLY.

18 THIS IS A CLOSER UP VIEW, 25-94. OKAY.

19 LET'S GO TO EXHIBIT -- OR, ITEM 10,

20 EXHIBIT 25-90- -- I JUST DID THAT. HOLD ON --


22 25-96 WAS MARKED FOR IDENTIFICATION.)

23 BY MR. PANISH:

24 Q. ITEM 11, 25-95 AND -96. WHAT IS THAT? LOOKS

25 LIKE AN ARTICLE OF CLOTHING OR SOMETHING.

26 DO YOU SEE THAT?

27 A. WE DID LOCATE A GLOVE UNDERNEATH THE

28 MOTORCYCLE.

Page 140 1 MR. PANISH: DO WE SEE 90-...


3 IDENTIFICATION.)

4 BY MR. PANISH:

5 Q. OKAY. AND THEN I WANT TO SHOW 25-99. THAT'S

6 THE AREA OF IMPACT 1; IS THAT RIGHT?

7 A. YES, SIR.


9 IDENTIFICATION.)

10 BY MR. PANISH:

11 Q. 25-90 -- OR, 25-100, SAME?

12 A. THAT'S WHAT I BELIEVE TO BE THE REAR TIRE OF

13 THE MOTORCYCLIST, SO THE INITIAL POINT OF IMPACT FOR THE

14 COLLISION.


16 25-102 WERE MARKED FOR IDENTIFICATION.)

17 BY MR. PANISH:

18 Q. OKAY. THAT'S -101, SAME. AND 102.

19 OKAY. YOU TOLD US ABOUT -- JUST EXPLAIN THE

20 DIFFERENCE BETWEEN IMPACT 1 AND IMPACT 2.

21 A. IMPACT 1 WAS THE INITIAL COLLISION BETWEEN

22 PARTY 1, THE WHITE CHEVY, AND PARTY 2, WHICH IS THE

23 MOTORCYCLE.

24 COLLISION 2 HAPPENED, YOU KNOW, VERY, VERY

25 CLOSELY AFTER THAT FIRST COLLISION. AND THAT WAS A

26 COMBINATION OF THE MOTORCYCLE AND THE WHITE TRUCK

27 HITTING PARTY 3, WHICH SHE WAS DIRECTLY IN FRONT OF

28 MR. LO'S MOTORCYCLE.

Page 141 1 Q. CAN YOU CONFIRM FOR US THE DISTANCE THAT MR. LO

2 WAS DRAGGED?

3 A. THE DISTANCE THAT HE WAS DRAGGED FROM THE FIRST

4 AREA OF REST TO WHERE BOTH VEHICLES CAME TO REST I

5 MEASURED AT 436 FEET.

6 Q. AND YOU WERE ABLE TO DETERMINE HOW LONG

7 MR. CONSOLAZIO WAS STOPPED AFTER THE FIRST IMPACT,

8 BEFORE HE EXECUTED HIS LEFT TURN?

9 A. I'M -- I DON'T KNOW THE EXACT TIME. IT'S ABOUT

10 15 SECONDS.

11 Q. ACTUALLY, THERE'S GOING TO BE ANOTHER WITNESS

12 THAT WILL TALK ABOUT THAT.

13 A. YES, SIR.

14 Q. THERE ARE TIMERS ON ALL THE VIDEOS, RIGHT?

15 A. THERE ARE.

16 Q. ALL RIGHT. HOW DID YOU KNOW THE ACTUAL

17 DISTANCES?

18 A. I USED A ROLATAPE. IT'S GOT TWO WHEELS ON IT.

19 IT'S -- AS YOU ROLL ALONG WITH IT, IT COUNTS OFF THE

20 DISTANCE FOR YOU.

21 Q. AND BASED ON THE VIDEOTAPES, THE PHYSICAL

22 EVIDENCE, DID THAT CONFIRM TO YOU WHAT OCCURRED?

23 A. YES, SIR.

24 Q. DID YOU KNOW ANY PHYSICAL EVIDENCE AS TO

25 WHETHER OR NOT MR. CONSOLAZIO EVER BRAKED BEFORE

26 STRIKING MR. LO?

27 MR. BARGER: OBJECTION. LEADING.


Page: 38 (139 - 142)



2 Q. WHAT -- WHAT EVIDENCE WOULD YOU EXPECT TO SEE

3 IF SOMEBODY BROKE -- "BROKE" MEANING, APPLIED THE

4 BRAKES?

5 A. THAT WAS THE PURPOSE OF WRITING THE SEARCH

6 WARRANT AND GETTING -- GATHERING THE DATA FROM THE ECM,

7 THE ELECTRONIC CONTROL MODULE ON THE VEHICLE, TO SEE IF

8 ANY BRAKE APPLIED PRIOR TO THE ACCIDENT.

9 AND THIS DAY AND AGE, WITH ANTILOCK BRAKES AND

10 BRAKING TECHNOLOGY BEING AS GOOD AS IT IS, YOU DON'T

11 TYPICALLY SEE SKID PATTERNS LEADING UP ON A HARD BRAKE

12 SO THERE -- THOSE WERE NOT PRESENT AT THE ACCIDENT

13 SCENE, SO THAT WAS THE POINT OF THE SEARCH WARRANT.

14 Q. AND WHAT DID THE ECM DATA REVEAL TO YOU AS PART

15 OF YOUR INVESTIGATION?

16 MR. WARD, JR.: OBJECTION. FOUNDATION, YOUR

17 HONOR.

18 MR. BARGER: JOIN.


20 BY MR. PANISH:

21 Q. YOU SERVED A SEARCH WARRANT, AND YOU GOT A

22 CUSTODIAN OF RECORDS TO GIVE YOU A DECLARATION THAT THIS

23 WAS THE ACTUAL DATA FROM THE ECM, CORRECT?

24 A. CORRECT.

25 Q. AND AS PART OF YOUR INVESTIGATION, YOU REVIEWED

26 THAT DATA OF THE ECM?

27 A. THAT'S CORRECT.

28 Q. AND WHAT DID THAT REVEAL TO YOU?

Page 143 1 MR. WARD, JR.: SAME OBJECTION, YOUR HONOR.

2 FOUNDATION.


4 BY MR. PANISH:

5 Q. DID YOU SEE ANY EVIDENCE OF BRAKING?

6 A. NO, SIR.

7 Q. DID YOU SEE ANY EVIDENCE OF BRAKING ON THE

8 VIDEOTAPES?

9 A. NO, SIR, I DID NOT.

10 Q. DID YOU SEE ANY PHYSICAL EVIDENCE OF BRAKING AT

11 THE SCENE?

12 A. NO.

13 Q. DID ANYONE EVER TELL YOU THAT MR. CONSOLAZIO

14 BRAKED BEFORE HE RAN INTO THE BACK OF MR. LO?

15 A. NO.

16 Q. ALL RIGHT. OFFICER JIMENEZ WAS THE ONE THAT

17 CONDUCTED THE FIELD SOBRIETY TESTS?

18 A. YES, SIR.

19 Q. AND WAS MR. CONSOLAZIO ARRESTED AT THE SCENE?

20 A. YES, HE WAS.

21 Q. AND WHOSE DECISION WAS THAT?

22 A. OFFICER JIMENEZ MADE THAT DECISION.

23 Q. AND WHAT WAS HE CHARGED WITH?

24 A. HE WAS CHARGED WITH HIT AND RUN CAUSING GROSS

25 BODILY INJURY. HE WAS INITIALLY CHARGED WITH DRIVING

26 UNDER THE INFLUENCE.

27 WHAT HIS ULTIMATE CHARGES WERE I AM NOT -- I

28 DON'T HAVE OFF THE TOP OF MY HEAD, BUT THOSE WERE THE

Page 144 1 ARRESTING CHARGES.

2 Q. OKAY. FAIR ENOUGH.

3 MR. PANISH: THAT'S ALL I HAVE.

4 THANK YOU.

5 THE COURT: MR. FOX...?

6 MR. WARD, JR.: IT'S ACTUALLY MR. WARD THIS

7 TIME, YOUR HONOR.

8 THE COURT: MR. WARD...?

9

10 CROSS-EXAMINATION

11 BY MR. WARD, JR.:

12 Q. OFFICER JUDD, HOW ARE YOU?

13 A. GOOD, SIR.

14 Q. JUST GOT A FEW QUICK QUESTIONS FOR YOU. OKAY?

15 A. NO PROBLEM.

16 Q. FOR THE LAST - I DON'T KNOW - HOUR OR SO,

17 YOU'VE BEEN TALKING ABOUT YOUR INVESTIGATION AS IT

18 RELATES TO THIS FEBRUARY 13, 2017, CRASH, TRUE?

19 A. TRUE.

20 Q. AS PART OF YOUR INVESTIGATION, YOU WENT OUT TO

21 THE SCENE, TOOK SOME MEASUREMENTS, PARTICIPATED IN SOME

22 PHOTOGRAPHS, CORRECT?

23 A. YES, SIR.

24 Q. AND IF I HEARD YOU CORRECTLY EARLIER, YOU

25 MENTIONED THAT ACTUALLY ON THE DATE OF THIS INCIDENT,

26 YOU WENT TO THE HOSPITAL IN AN EFFORT TO SPEAK WITH

27 MR. LO, TRUE?

28 A. YES.

Page 145 1 Q. THE INCIDENT OCCURRED AT SOME POINT IN TIME

2 AROUND 6:40 IN THE MORNING, CORRECT?

3 A. YES.

4 Q. AND YOU WENT TO SEE MR. LO THE AFTERNOON OF

5 FEBRUARY 13, 2017, TRUE?

6 A. YES.

7 Q. AND THAT WAS AT TORRANCE MEMORIAL HOSPITAL?

8 A. NO. HE WAS TAKEN TO HARBOR-UCLA MEDICAL

9 CENTER.

10 Q. EXCUSE ME. I APOLOGIZE. I AM MIXING UP SOME

11 OF THE HOSPITALS IN THE CASE.

12 BE THAT AS IT MAY, WHEN YOU WENT TO SEE MR. LO

13 ON THE DAY OF THE INCIDENT, IT SOUNDS AS THOUGH YOU WERE

14 UNABLE TO SPEAK TO HIM, CORRECT?

15 A. CORRECT.

16 Q. ...BECAUSE HE WAS GOING THROUGH WHATEVER

17 MEDICAL PROCEDURES HE WAS GOING THROUGH AT THE TIME AND

18 WAS UNDER SEDATION, CORRECT?

19 A. CORRECT.

20 Q. AND AS PART OF YOUR INVESTIGATION, YOU WANT TO

21 MAKE SURE THAT THE FOLKS THAT YOU ARE SPEAKING TO ARE IN

22 AS PRESENT OF A STATE OF MIND AS THEY CAN BE TO MAKE

23 SURE YOU ARE GETTING ACCURATE INFORMATION, CORRECT?

24 A. YES.

25 Q. FEBRUARY 13, 2017, WAS A MONDAY, TRUE?

26 A. YES.

27 Q. AND IT SOUNDED AS THOUGH, WHEN I TOOK YOUR

28 DEPOSITION, THAT YOU WENT BACK A COUPLE TWO, THREE DAYS

Page: 39 (143 - 146)


Page 146 1 LATER, MAYBE WEDNESDAY OR THURSDAY, AND HAD AN

2 OPPORTUNITY TO SPEAK TO MR. LO IN THE HOSPITAL, CORRECT?

3 A. CORRECT.

4 Q. WHEN YOU WENT TO SPEAK TO MR. LO IN THE

5 HOSPITAL, THAT WAS PART OF YOUR INVESTIGATION, TRYING TO

6 FIND OUT WHATEVER ADDITIONAL FACTS YOU NEEDED TO MOVE

7 YOUR INVESTIGATION FORWARD, CORRECT?

8 A. YES.

9 Q. WHEN YOU SPOKE WITH MR. LO, WAS HE ABLE TO

10 COMMUNICATE TO YOU IN A MANNER THAT YOU BELIEVE TO BE

11 CLEARLY AND ARTICULATELY?

12 A. YES.

13 Q. WHEN YOU SPOKE TO MR. LO IN THE HOSPITAL, WAS

14 HIS WIFE WITH YOU AS WELL?

15 A. YEAH. SHE -- I REMEMBER HER BEING IN THE ROOM.

16 I DON'T KNOW IF SHE WAS THERE THE ENTIRE TIME; SHE WAS

17 THERE FOR PART OF IT.

18 Q. AND WHEN YOU SPOKE TO MR. LO, YOU ASKED HIM

19 ABOUT HIS RECOLLECTION OF THE INCIDENT, TRUE?

20 A. YES.

21 Q. AND YOU ALSO SPOKE TO MR. LO ABOUT THE INJURIES

22 HE HAD SUSTAINED, CORRECT?

23 A. YES.

24 Q. AND WHEN YOU SPOKE WITH MR. LO ABOUT THE

25 INJURIES HE SUSTAINED, THERE WAS SOME DISCUSSION ABOUT

26 THE INJURIES HE HAD SUSTAINED TO HIS RIGHT LEG, CORRECT?

27 A. YES.

28 Q. WHEN YOU SPOKE TO MR. LO A COUPLE DAYS AFTER

Page 147 1 THE ACCIDENT THAT TOOK PLACE ON FEBRUARY 13, 2017,

2 MR. LO TOLD YOU THAT HE HAD BEEN TOLD BY HIS HEALTHCARE

3 PROVIDERS THAT HE WAS GOING TO BE ABLE TO KEEP HIS RIGHT

4 LEG; THEY WERE NOT GOING TO REMOVE IT, CORRECT?

5 A. YES.

6 Q. YOU FINISHED YOUR DISCUSSIONS WITH MR. LO AT

7 THE -- AT THE HOSPITAL FOR THE SECOND TIME, AND THAT WAS

8 THE LAST TIME YOU SPOKE TO MR. LO UP UNTIL TODAY,

9 CORRECT?

10 MR. PANISH: OBJECTION. THERE'S NO FOUNDATION

11 HE SPOKE TO HIM TODAY.


13 BY MR. WARD, JR.:

14 Q. THE LAST TIME YOU SPOKE TO MR. LO WAS IN THE

15 HOSPITAL, WHEN YOU WERE THERE WITH HIM ON THAT SECOND

16 OCCASION, TRUE?

17 A. NO. THERE WAS ACTUALLY ANOTHER OCCASION WHERE

18 I -- I ACTUALLY DID SPEAK TO HIM BECAUSE I HAD A

19 MOTORCYCLE ACCIDENT MYSELF.

20 Q. UNDERSTOOD.

21 A. BUT I SAW HIM THAT DAY.

22 BUT IN REGARDS TO THIS ACCIDENT, THAT WAS THE

23 LAST TIME I SPOKE WITH.

24 MR. WARD, JR.: THANK YOU, OFFICER.

25 NOTHING FURTHER. APPRECIATE IT.

26 THE WITNESS: YES, SIR.

27 THE COURT: MR. BARGER...?

28 MR. BARGER: JUST ONE OR TWO QUESTIONS, YOUR

Page 148 1 HONOR.

2 THE COURT: OF COURSE.

3

4 CROSS-EXAMINATION

5 BY MR. BARGER:

6 Q. OFFICER, I JUST WANT TO CONFIRM, THE FINAL

7 CHARGES AGAINST MR. CONSOLAZIO DIDN'T INCLUDE DRIVING

8 UNDER THE INFLUENCE, CORRECT?

9 A. THAT'S WHAT I WAS MAKING AN INFERENCE TO

10 EARLIER. I KNOW HE WAS ARRESTED FOR THOSE CHARGES; WHAT

11 HE WAS ULTIMATELY CHARGED WITH IN THE COURT, I DON'T

12 KNOW EXACTLY WHAT HE WAS CHARGED WITH.

13 Q. SO YOU DON'T KNOW WHAT THE FINAL CHARGES WERE?


15 MR. BARGER: THANK YOU.


17 MR. PANISH: JUST REAL BRIEF.

18

19 REDIRECT EXAMINATION

20 BY MR. PANISH:

21 Q. WHEN YOU SAW MR. LO, HE WAS IN THE HOSPITAL,

22 RIGHT?

23 A. YES, SIR, HE WAS.

24 Q. WAS HE -- HAVE VARIOUS APPARATUSES ABOUT HIS

25 BODY?

26 A. YEAH. HE HAD THE -- THE STANDARD MACHINES THAT

27 WERE HOOKED UP TO ALL THE -- ALL THE BEEPS THAT YOU HEAR

28 IN A HOSPITAL ROOM, YEAH.

Page 149 1 Q. AND HE WAS -- IT WASN'T -- STRIKE THAT.

2 MR. PANISH: I DON'T HAVE ANYTHING FURTHER.

3 THANK YOU.

4 THE COURT: MAY THIS WITNESS BE EXCUSED?

5 MR. WARD, JR.: NOTHING FURTHER, YOUR HONOR.

6 THANK YOU.

7 MR. BARGER: NOTHING FURTHER, YOUR HONOR.

8 THE COURT: YOU ARE EXCUSED, SIR.

9 THE WITNESS: THANK YOU, SIR.

10 MR. PANISH: THANK YOU, OFFICER.

11 THE WITNESS: THANK YOU, SIR.

12 THE COURT: MR. PANISH, YOU MAY CALL YOUR NEXT

13 WITNESS.

14 MR. PANISH: YES, YOUR HONOR.

15 IT'S MR. CASTANEDA, RENÉ CASTAÑEDA. LET ME GET

16 HIM.

17 THE WITNESS: [WITNESS APPROACHES WITNESS

18 STAND].

19 THE CLERK: PLEASE, REMAIN STANDING.

20 PLEASE, RAISE YOUR RIGHT HAND TO BE SWORN.

21 THE WITNESS: [WITNESS COMPLIES].

22 THE CLERK: DO YOU SOLEMNLY STATE THAT THE

23 TESTIMONY YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE

24 THE COURT SHALL BE THE TRUTH, THE WHOLE TRUTH, AND

25 NOTHING BUT THE TRUTH, SO HELP YOU GOD?

26 THE WITNESS: YES, I DO.


28 YOU MAY BE SEATED.

Page: 40 (147 - 150)


Page 150 1 THE WITNESS: THANK YOU.

2 THE CLERK: CAN YOU, PLEASE, STATE YOUR FIRST

3 AND LAST NAME FOR THE RECORD.

4 THE WITNESS: YES.

5 RENÉ CASTAÑEDA. FIRST NAME IS R-E-N-E; LAST

6 NAME IS CASTAÑEDA, C-A-S-T-A-Ñ-E-D-A.




10

11 RENEE CASTAÑEDA,

12 CALLED AS A WITNESS BY THE PLAINTIFF

13 WAS SWORN AND TESTIFIED AS FOLLOWS:

14

15 DIRECT EXAMINATION

16 BY MR. PANISH:

17 Q. GOOD AFTERNOON.

18 A. HI. GOOD AFTERNOON.

19 Q. WHERE DO YOU LIVE?

20 A. CLOVIS, CALIFORNIA.

21 Q. WHERE IS THAT?

22 A. WELL, THAT'S RIGHT NEXT TO FRESNO, THE CENTRAL

23 VALLEY.

24 Q. ALL RIGHT. AND, SIR, WHAT IS YOUR PRESENT

25 BUSINESS OR OCCUPATION?

26 A. I'M A CONSULTING MECHANICAL ENGINEER

27 SPECIALIZING IN VEHICULAR ACCIDENT RECONSTRUCTION.

28 Q. TELL US ABOUT YOUR EDUCATIONAL BACKGROUND.

Page 151 1 A. CERTAINLY.

2 I HAVE A BACHELOR'S OF SCIENCE DEGREE IN THE

3 DISCIPLINE OF MECHANICAL ENGINEERING OBTAINED FROM CSU,

4 FRESNO IN 1994.

5 I DIDN'T PURSUE ANY POSTGRADUATE DEGREES AS I

6 FOCUSED ON VEHICULAR ACCIDENT RECONSTRUCTION, SO I HAVE

7 APPROXIMATELY 24 YEARS OF CONTINUING EDUCATION IN

8 ACCIDENT -- ACCIDENT-RECONSTRUCTION-SPECIFIC TOPICS,

9 WHETHER IT'S APPLICATION OF METHODOLOGIES; CRASH

10 TESTING; AND ANALYSIS OF CRASH TESTS DATA; APPLICATION

11 OF NEW TECHNOLOGIES, SUCH AS SURVEYING EQUIPMENT,

12 DRONES, 3-D SCANNERS; EQUIPMENT TO PLUG INTO VEHICLES

13 AND RETRIEVE DATA; APPLICATION OF ACCEPTED SCIENTIFIC

14 METHODOLOGY, SUCH AS PHOTOGRAMMETRY AND ANALYTICAL

15 PROCESSES.

16 Q. LET ME STOP YOU.

17 WHAT IS "PHOTOGRAMMETRY"?

18 A. SURE.

19 PHOTOGRAMMETRY, IN LAYMEN'S TERM, IS THE

20 SCIENCE OF EXTRACTING 3-D MEASUREMENTS FROM

21 2-DIMENTIONAL PHOTOGRAPHS.

22 AND THAT IS VERY USEFUL IN WHAT WE DO BECAUSE

23 WE DON'T ALWAYS GET CALLED TO A SITE OF AN ACCIDENT

24 IMMEDIATELY AFTER IT OCCURS. WE USUALLY GET THERE

25 SOMETIME AFTER. AND BY THE TIME WE GET INVOLVED, THE

26 ROADWAY EVIDENCE IS NO LONGER PRESENT.

27 BUT THROUGH THE USE OF PHOTOGRAMMETRY,

28 INCORPORATING PHOTOGRAPHS TAKEN OF THE EVIDENCE, WE CAN

Page 152 1 TAKE THAT INFORMATION, WE CAN DOCUMENT THE SITE WITH 3-D

2 LASER SCANNERS; IN ESSENCE, DIGITIZING THE FULL SITE,

3 TAKE OUR OWN PHOTOGRAPHS OF THE SITE FROM DIFFERENT

4 ANGLES, AND GET ALL THE THREE BASES TO SPEAK WITH ONE

5 ANOTHER.

6 SO, FOR EXAMPLE, IF WE HAVE A DIGITIZED SITE,

7 WE KNOW SPECIFIC DATA TO LANDMARKS. SO WE CAN SAY,

8 "OKAY, BASED ON OUR DOCUMENTATION, THE CORNER OF THIS

9 STRIPE ON THE ROADWAY HAS X, Y, Z COORDINATES."

10 IN THIS PARTICULAR PHOTOGRAPH, THE EVIDENCE IS

11 GONE NOW, BUT WE HAVE THE EVIDENCE AND THE IMAGE, AND

12 THAT SAME CORNER IS HERE. SO WE CAN ASSIGN IT THAT X,

13 Y, Z PARAMETER.

14 AND WE CAN DO THAT WITH ENOUGH DATA POINTS SO

15 WE, ESSENTIALLY GENERATE CARPETING, IF YOU WILL, OF ALL

16 THE DATA AROUND IT AND CAN THEN JUST RE-POSITION THE

17 EVIDENCE OR RECONSTRUCT IT. THAT'S THE BENEFIT OF THE

18 PHOTOGRAMMETRY.

19 AND IT'S A VERY, VERY INTERESTING, HIGHLY

20 ACCURATE MATHEMATICAL ALGORITHM, BUT IT IS ESSENTIAL, IN

21 MY OPINION, TO WHAT WE DO.

22 Q. OKAY. YOU MENTIONED "CRASH TESTS."

23 A. YES.

24 Q. WHAT IS A CRASH TEST? WHY DO YOU DO THAT?

25 WHAT IS YOUR EXPERIENCE IN THAT AREA?

26 A. YES. UNLIKE A LOT OF DISCIPLINES IN

27 ENGINEERING, SUCH AS MECHANICAL ENGINEERING AND SO ON,

28 WE DON'T GET TO GO TO COLLEGE AND GET A DEGREE IN

Page 153 1 ACCIDENT RECONSTRUCTION.

2 SO THE ENTITIES THAT HAVE DEVOTED AND DEDICATED

3 THEIR PROFESSIONAL CAREERS TO THIS AREA HAVE ESSENTIALLY

4 GENERATED THE LITERATURE THAT WE RELY UPON. AND THAT

5 INCLUDES ANYTHING FROM CONDUCTING BRAKE TESTING TO

6 OBTAINING INFORMATION THAT COULD BE SHARED WITH THE

7 COMMUNITY.

8 CONDUCTING VEHICLE-TO-VEHICLE CRASHES TO

9 ANALYZE THE RESPONSE OF THE VEHICLES AND SCIENTIFICALLY

10 TAKE THE DAMAGE MAGNITUDE AND ALL THE OTHER PRINCIPLES

11 THAT GO WITH TAKING THAT TEST AND ASSOCIATING IT WITH

12 HOW MUCH ENERGY IS EXPENDED DURING A COLLISION.

13 ONE OF THE BEST RESOURCES THAT WE RELY UPON FOR

14 CRASH-TEST DATA IS THE NATIONAL HIGHWAY TRAFFIC SAFETY

15 ADMINISTRATION. THEY PERFORM TESTS ON ALMOST EVERY

16 VEHICLE UNDER THE NEW CRASH ASSESSMENT -- I'M SORRY, NEW

17 VEHICLE ASSESSMENT PROGRAM.

18 WHEN -- UNFORTUNATELY, THEY DON'T COVER EVERY

19 SINGLE CRASH, SO SOMETIMES WE NEED TO FIGURE SPECIFIC

20 DATA TO SPECIFIC COLLISION. AND WHAT WE WILL DO IS

21 WE'LL PURCHASE THE VEHICLES OURSELVES. WE'LL INSTRUMENT

22 THEM WITH ACCELEROMETERS. WE'LL DOCUMENT THEM SO THAT

23 WE HAVE A FULL 3-D DIGITAL MODEL, AND WE'LL ESSENTIALLY

24 DESIGN THE TEST. AND IF WE WANT A SPECIFIC

25 CONFIGURATION, WE DO THAT.

26 WE DOCUMENT THE TEST, BOTH WITH VIDEO CAMERAS

27 INTERNALLY AND EXTERNALLY. AFTER THE CRASH, WE MEASURE

28 WHERE THE VEHICLES COLLIDED. HOW THEY TRAVELLED AFTER

Page: 41 (151 - 154)


Page 154 1 THE IMPACT. THAT IS HOW ENERGY THAT NEEDS TO BE

2 ACCOUNTED FOR. AND THEN WE DOCUMENT THE DAMAGES THAT

3 THE VEHICLE SUSTAINED.

4 IN ESSENCE, WHAT WE WANT TO DO IS ACCOUNT FOR

5 ALL THE ENERGY THAT IS DISSIPATED IN THE COLLISION, BOTH

6 IN DAMAGES AND POST-COLLISION TRAVEL SO THAT THEN WE CAN

7 SAY, "HEY, YOU KNOW, IN THIS TYPE OF COLLISION, WE

8 LEARNED THAT THE VEHICLES RESPOND IN THIS SORT OF

9 FASHION."

10 SO THAT IS SOMETHING WE DO -- WITH SOME

11 FREQUENCY. AND I HAVE DEALT IN THAT -- ACTUALLY, IN A

12 VERY SPECIFIC AREA AND HAVE PUBLISHED IN THE AREA FOR

13 THOSE TESTS TO TRY TO CONTRIBUTE TO THE EXISTING

14 DATABASE AVAILABLE TO OTHER ENGINEERS.

15 Q. WHEN YOU TALK ABOUT PUBLICATIONS THAT YOU

16 MENTIONED ABOUT CRASH TESTS, THOSE -- ARE THOSE

17 PEER-REVIEWED PUBLICATIONS?

18 A. YES.

19 Q. WHAT -- WHAT DOES "PEER-REVIEWED" MEAN?

20 A. PEER-REVIEWED MEANS THAT WHEN YOU ARE DONE WITH

21 THE STUDY AND YOU WANT TO PUBLISH THE RESULTS OF YOUR

22 STUDY, YOU SUBMIT IT TO A GROUP THAT HAS LIKE-MINDED

23 PROFESSIONALS AND INDIVIDUALS, WHO ESSENTIALLY VET THE

24 QUALITY OF THE WORK YOU PERFORMED.

25 SO, IN ESSENCE, WHEN I SUBMIT THE PAPERS AND

26 THE RESULTS AND SAY, "THIS IS WHAT I AM FINDING. I WANT

27 TO BE ABLE TO PUBLISH THIS," THERE IS A GROUPING OF

28 ANYWHERE FROM THREE TO FIVE EXPERTS THAT WILL LOOK AT

Page 155 1 THE WORK-PRODUCT AND NOT ONLY REVIEW IT FOR CONTENT AND

2 QUALITY BUT ALSO FOR THE VALUE AND CONTRIBUTION. AND

3 THAT'S THE PEER-REVIEW PROCESS.

4 IF THEY GIVE YOU THE THUMBS UP, THEN,

5 ESSENTIALLY, YOU GET TO GO TO THE NEXT STAGE AND REFINE

6 THE PUBLICATION. IF THEY DECIDE TO PUBLISH, YOU ARE

7 INVITED TO COME AND PRESENT AT ONE OF THE ORGANIZATIONS

8 THAT YOU ARE TRYING TO DO THIS WITH.

9 FOR ME, I PUBLISH WITH THE NATIONAL HIGHWAY --

10 I'M SORRY, WITH THE NATIONAL ACADEMY OF FORENSIC

11 ENGINEERS, AND I HAVE ALSO PUBLISHED WITH THE SOCIETY OF

12 AUTOMOTIVE ENGINEERS.

13 Q. OKAY. AS PART OF YOUR TRAINING, HAVE YOU

14 LEARNED ABOUT ELECTRONIC CONTROL MODULES?

15 A. YES.

16 Q. OKAY. SOMETIMES CALLED AN "ECM" OR AN "ECR"?

17 HAVE YOU HEARD THOSE TERMS?

18 A. I HAVE.

19 Q. OKAY. WHAT IS THAT?

20 A. OKAY. SO AN ECM IS AN ACRONYM FOR AN ENGINE

21 CONTROL MODULE. ENGINE CONTROL MODULES ARE ESSENTIALLY

22 COMPUTER MOUNTED ON THE SIDE OF COMMERCIAL TRUCKS, AND

23 THEY ARE, ESSENTIALLY, MANAGING ALL THE SYSTEMS FOR THE

24 ENGINE TO OPERATE AT THE DESIGNED PARAMETERS TO

25 MAINTAIN -- OR, THE LIFE EXTENTENCY [PHONETIC] OF THAT

26 PARTICULAR COMPONENT.

27 FOR, I GUESS, THE LAST 15 YEARS OR SO, THERE'S

28 BEEN DATA OR AT LEAST ONE OF THE COMPONENTS IS ABLE TO

Page 156 1 STORE EVENT DATA. AND IN DOING SO, FOR EXAMPLE, FOR

2 COMMERCIAL TRUCKS, IT IS LOOKING FOR A HARD-BRAKE EVENT

3 OR A HARD-DECELERATION EVENT.

4 SO ANY TIME THERE'S A TRUCK ACCIDENT WHERE

5 THERE'S EITHER A SEVERE ENOUGH COLLISION WITH NO BRAKING

6 OR HARD BRAKING WITH NO COLLISION OR EVEN HARD BRAKING

7 WITH A COLLISION, WE TRY TO PLUG INTO THE ECM AND FIGURE

8 OUT WHAT INFORMATION IS ASSOCIATED WITH THAT EVENT.

9 ANOTHER TERM THAT IS -- THAT IS USED

10 SIMULTANEOUSLY WITH THAT TERM IS "EDR," WHICH IS EVENT

11 DATA RECORD. AND THAT IS MORE UNIVERSAL. EVENT DATA

12 RECORDERS CAN BE USED FOR TRUCKS, BUT THEY ARE ALSO USED

13 FOR A VEHICLES.

14 AND IF YOU OWNED A VEHICLES THAT IS MAYBE

15 FROM -- DEPENDING ON THE MAKE AND MODEL, IF IT'S A GM

16 FROM 1994 AND NEWER, YOUR VEHICLE HAS A MODULE THAT CAN

17 RECORD CRASH DATA. AS OF THE LAST TWO YEARS, ALL

18 VEHICLES ARE NOW REQUIRED TO HAVE EQUIPMENT THAT CAN

19 RECORD CRASH DATA.

20 AND THE UNIVERSAL TOOL, BY AND LARGE, FOR MOST

21 VEHICLES IS THE CRASH DATA RETRIEVAL TOOL FROM BOSCH.

22 THERE ARE OTHER TOOLS AS WELL FOR SPECIFIC VEHICLE

23 MANUFACTURES, BUT AS IT PERTAINS TO OUR CASE, WE'RE

24 TALKING ABOUT THE BOSCH.

25 Q. YOU -- YOU SAID BOSCH; THAT'S B-O-S-C-H?

26 A. YES.

27 Q. AND THAT'S A COMPONENT MANUFACTURER?

28 A. YES. THAT'S CORRECT.

Page 157 1 Q. AND WHEN YOU SAY "PLUG IN," EXPLAIN -- FIRST OF

2 ALL...

3 DID YOU DO THAT IN THIS CASE, DOWNLOAD THE DATA

4 FROM THE VEHICLE DRIVEN BY MR. CONSOLAZIO?

5 A. YES, I DID.

6 Q. AND YOU ARE QUALIFIED TO DO THAT?

7 A. OH, YES. I HAVE BEEN CERTIFIED SINCE 2001.

8 Q. OKAY. JUST TELL US, NOT THE RESULTS, BUT HOW

9 DO YOU DO THAT.

10 A. SURE. FOR THE CONSOLAZIO VEHICLE, IT WAS

11 RELATIVELY STRAIGHTFORWARD AND SIMPLE.

12 WHEN YOU TAKE YOUR VEHICLE TO THE MECHANICS,

13 THERE'S ACTUALLY A DLC PORT A PLUG UNDERNEATH THE DASH

14 BY THE KNEE BOLSTER. AND THE MECHANICS WILL PLUG INTO

15 THAT TO FIGURE OUT WHAT YOUR TROUBLE CODES ARE.

16 WITH RESPECT TO THE CONSOLAZIO VEHICLE, EVEN

17 THOUGH IT HAS SUSTAINED SIGNIFICANT DAMAGES TO THE FRONT

18 END, THE ELECTRICAL SYSTEM WAS INTACT.

19 SO ALL WE HAD TO DO WAS PROVIDE POWER TO THE

20 BATTERY AND PLUG INTO THE CABLE, USE OUR COMPUTER

21 INTERFACE, AND RUN THE SOFTWARE APPLICATION TO,

22 ESSENTIALLY, COMMUNICATE WITH THE VEHICLE AND HAVE THE

23 SOFTWARE ALGORITHM PRODUCE THE REPORT ASSOCIATED WITH

24 THE COLLISION EVENT.

25 Q. AND YOU DID THAT IN THIS CASE?

26 A. YES, I DID.

27 Q. OKAY. HAVE YOU COME TO COURT AND QUALIFIED AS

28 AN EXPERT WITNESS IN THE FIELD OF RECONSTRUCTION BEFORE?

Page: 42 (155 - 158)


Page 158 1 A. YES.

2 Q. HOW MANY TIMES?

3 A. I THINK ON 80 PRIOR OCCASIONS NOW.

4 Q. EIGHT -- HOW MANY ACCIDENTS HAVE YOU

5 RECONSTRUCTED?

6 A. YOU KNOW, I DON'T KEEP A TALLY. BUT IF I WERE

7 TO SIT AND ESTIMATE, I WOULD COMFORTABLY SAY I WOULD

8 RECONSTRUCTED OVER 2,500 ACCIDENTS OVER MY CAREER.

9 Q. OKAY. HAVE YOU -- YOU WORK FOR LAWYERS, RIGHT?

10 A. YES.

11 Q. YOU HAVE WORKED FOR MY FIRM?

12 A. YES.

13 Q. YOU HAVE WORKED FOR THE DEFENDANTS' FIRM?

14 A. YES.

15 Q. YOU -- YOU NEVER TESTIFIED FOR ME BEFORE --

16 INDIVIDUALLY?

17 A. NO, NOT FOR YOU PERSONALLY.

18 Q. HOW MANY CASES HAVE YOU TESTIFIED FOR ON BEHALF

19 OF MY LAW FIRM?

20 A. ONLY ON ONE CASE.

21 Q. AND HOW MANY HAVE YOU REVIEWED IN THE LAST

22 25 YEARS?

23 A. I THINK SOMEWHERE IN THE ORDER OF 75 TO

24 80 CASES, I REVIEWED.

25 Q. DO WE RETAIN YOU AS AN EXPERT IN EVERY CASE?

26 A. NO. NO. I THINK YOU USUALLY RETAIN ME AS A

27 CONSULTANT, AND I DON'T ALWAYS HAVE GOOD NEWS FOR YOUR

28 CLIENTS.

Page 159 1 Q. HAVE YOU TESTIFIED IN CASES AGAINST MY CLIENTS?

2 A. YES.

3 Q. OKAY. AND AS FAR AS THE LAWYERS BRINGING THE

4 CASE VERSUS THE LAWYER DEFENDING, PLAINTIFF/DEFENDANT,

5 HOW DOES IT BREAK DOWN IN RETENTION?

6 A. SURE. WHEN I TAKE ON A FILE -- AND I'M ON A

7 FIRST-COME, FIRST-SERVE BASIS. IT MAKES NO DIFFERENCE

8 TO ME WHO IS GOING TO HIRE ME.

9 BUT THE WAY IT BREAKS DOWN AT FILE INCEPTION,

10 WHEN I GET THAT CALL, ABOUT 55 PERCENT OF OUR NEW

11 ASSIGNMENTS ARE COMING FROM EITHER ATTORNEYS ON THE

12 DEFENSE SIDE OR ENTITIES ANTICIPATING BECOMING

13 DEFENDANTS ON A MATTER. THE OTHER 45 PERCENT WOULD BE

14 FOR ATTORNEYS REPRESENTING AN INJURED PARTY OR THE

15 FAMILY OF A DECEDENT.

16 Q. CAN YOU GIVE US AN EXAMPLE OF SOME OF THE

17 DEFENDANTS THAT HAVE RETAINED YOUR FIRM AND YOU TO

18 RECONSTRUCT ACCIDENTS ON THEIR BEHALF?

19 A. YES. CERTAINLY.

20 SOME OF MY CLIENTS WOULD INCLUDE THE

21 U.S. ATTORNEY'S OFFICE, CALTRANS, THE CITY OF FRESNO,

22 CITY OF BAKERSFIELD, COUNTY OF STANISLAUS, COUNTY OF

23 FRESNO.

24 I DO WORK FOR COUNSEL REPRESENTING BRIDGESTONE,

25 FIRESTONE NORTH AMERICAN, GOODYEAR TIRE, NITTO TIRE,

26 CONTINENTAL.

27 I DO WORK FOR COUNSEL REPRESENTING SEVERAL OF

28 THE LARGER TRUCK COMPANIES, SUCH AS SCHNEIDER TRUCKING,

Page 160 1 LAND O' LAKES, RUAN TRUCKING. AND THERE'S PLENTY OF

2 OTHERS.

3 COUNSEL REPRESENTING FEDEX, DHL.

4 SO THE CLIENTS ARE PLENTIFUL.

5 Q. OKAY. DO YOU GET PAID TO DO THIS WORK?

6 A. YES.

7 Q. HOW MUCH?

8 A. WE BILL ON AN HOURLY RATE.

9 Q. HOW MANY PEOPLE IN YOUR FIRM?

10 A. THERE ARE SIX OF US TOTAL.

11 Q. AND HOW MUCH DO YOU GET PAID AN HOUR?

12 A. WELL, MY TIME IS BILLED AT $400 PER HOUR, AND I

13 AM THE HIGH ONE AT MY FIRM.

14 I HAVE A REGISTERED PROFESSIONAL ENGINEER WHO

15 IS MY RIGHT HAND. HE ALSO HAS A MASTER'S IN MECHANICAL

16 ENGINEERING, AND HE'S 250 PER HOUR.

17 Q. IS THAT ALFREDO?

18 A. THAT IS ALFREDO VERDUZCO, YES.

19 AND THEN WE HAVE ANOTHER GENTLEMAN WITH A

20 MECHANICAL ENGINEERING DEGREE, WHO IS ABOUT TO SIT FOR

21 HIS EXAM, AND I THINK WE BILL HIM OUT AT $165 PER HOUR.

22 Q. OF ALL THE WORK BY EVERYONE IN YOUR FIRM TO DO

23 ALL THE WORK THAT WE ARE GOING TO GO THROUGH, HOW MANY

24 HOURS DID IT TAKE?

25 A. AT LAST COUNT, I THINK, AS A GROUP, IT TOOK

26 ABOUT 230 HOURS TO PUT TOGETHER THIS ASSIGNMENT.

27 Q. NOT ALL AT $400?

28 A. NO. NO. YOU KNOW, I DO THE WORK, AND I

Page 161 1 DELEGATE. I HAVE VERY QUALIFIED ENGINEERS AT MY OFFICE,

2 AND IT'S QUITE MORE AFFORDABLE IF I HAVE THEM DO SOME OF

3 THE OTHER WORK.

4 BUT EVERYTHING THAT IS DONE AT MY OFFICE IS

5 DONE UNDER MY DIRECT SUPERVISION AND AT MY DIRECTION.

6 Q. WHAT IS -- STRIKE THAT.

7 WERE YOU RETAINED BY OUR LAW FIRM IN THIS CASE?

8 A. YES, I WAS.

9 Q. AND WHAT WAS YOUR ASSIGNMENT?

10 A. MY ASSIGNMENT, AS IT CAME IN, WAS TO REVIEW

11 MATERIALS AND PERFORM A RECONSTRUCTION OF THE COLLISION

12 EVENTS AS THEY PERTAIN TO BOTH THE INITIAL COLLISION

13 BETWEEN THE CONSOLAZIO PICKUP TRUCK AND MR. LO'S

14 MOTORCYCLE; THE SUBSEQUENT COLLISION INTO THE REAR OF

15 THE STOPPED AKINO VEHICLE; AND THE AT-REST LOCATIONS OF

16 THE VEHICLES.

17 ALSO, TO FURTHER EXAMINE THE POST-COLLISION

18 TRAVEL OF THE AKINO -- I'M SORRY, OF THE CONSOLAZIO

19 PICKUP TRUCK WHILE DRIVING THE LO VEHICLE; AND WHAT WAS

20 REQUIRED OF THE DRIVER CONSOLAZIO TO BE ABLE TO FOLLOW

21 THE PATH THAT THE EVIDENCE TELLS US HE TOOK TO DEPART

22 HIS AT-REST LOCATION IN THE INTERSECTION AND PROCEED IN

23 A SOUTHBOUND DIRECTION DOWN HINDRY AVENUE TO WHERE HE

24 ULTIMATELY CAME TO REST AND MR. LO WAS REMOVED FROM THE

25 UNDERSIDE OF HIS VEHICLE.

26 Q. OKAY. WHAT DATA OR INFORMATION WERE YOU

27 PROVIDED WITH TO ASSIST IN RECONSTRUCTION OF THIS

28 COLLISION?

Page: 43 (159 - 162)


Page 162 1 A. INFORMATION I REVIEWED -- I WAS PROVIDED A COPY

2 OF THE POLICE REPORT PREPARED BY THE OFFICERS THAT

3 RESPONDED TO THIS COLLISION. I ALSO REVIEWED THE

4 SUPPLEMENTAL REPORTS ASSOCIATED WITH THE MAIN REPORT.

5 I WAS PROVIDED WITH THE AT-SCENE PHOTOGRAPHS

6 TAKEN BY THE RESPONDING OFFICERS. ALSO THE VIDEO

7 FOOTAGE THAT CAPTURED THE EVENT. BOTH FROM THE

8 SURVEILLANCE CAMERA MOUNTED ON THE CONVENIENCE STORE AS

9 WELL AS THE TRAFFIC CAMERAS. THE ONE ON HINDRY AVENUE

10 LOOKING SORT OF IN A NORTHERLY DIRECTION AND THE ONE ON

11 ROSECRANS LOOKING IN A SOUTHWESTERLY DIRECTION.

12 I WAS ALSO PROVIDED GENERAL INFORMATION

13 PERTAINING TO THE ACCIDENT. NOTHING THAT WAS REALLY OF

14 SUBSTANTIAL MEANING FOR MY ASSIGNMENT.

15 Q. YOU READ DEPOSITIONS, TOO?

16 A. NO. YOU KNOW, I MADE A MISTAKE. I THOUGHT I

17 HAD, BUT ON THIS ONE, WE DIDN'T REALLY HAVE TO. I

18 REVIEWED THE STATEMENTS ATTRIBUTED TO THE INVOLVED

19 PARTIES IN THE POLICE REPORT.

20 Q. THE ECM DATA, THAT WAS SOMETHING YOU OBTAINED?

21 A. CERTAINLY.

22 WELL, IN ADDITION TO THE MATERIALS PROVIDED

23 THAT ARE OF ESSENTIAL FOUNDATION VALUE FOR WHAT I DO, I

24 ALSO GO IN AND INSPECT THE SITE OF THE ACCIDENT, AND I

25 DID THAT ON THIS CASE.

26 Q. TELL US WHAT THAT INVOLVES.

27 A. SURE. WELL, GIVEN THE INFORMATION AVAILABLE TO

28 ME, AND KNOWING THAT THE EVENT WAS CAPTURED WITH VIDEO

Page 163 1 CAMERA, IN ANTICIPATION OF PERFORMING PHOTOGRAMMETRIC

2 ANALYSES, I WENT TO THE SITE OF THE ACCIDENT WITH AN

3 INSTRUMENT, AND WE SCANNED THE ENTIRE INTERSECTION OF

4 ROSECRANS AND HINDRY. AND WE --

5 Q. HOW DO YOU DO THAT?

6 A. I DIDN'T WANT TO START USING TERMS.

7 A 3-D LASER SCANNER.

8 IF YOU HAVE EVER TRAVELLED THROUGH A ROADWAY

9 WHERE THERE ARE SURVEYORS, WHAT YOU'LL SEE IS, THERE'S

10 THE TRIPOD, AND THEN THEY HAVE THE TOTAL STATION

11 INSTRUMENT. AND THAT IS A SURVEY TOOL, AND IT IS USED

12 TO TAKE 3-D MEASUREMENTS OF OBJECTS.

13 SO, USUALLY, YOU HAVE SOMEBODY STANDING,

14 LOOKING THROUGH AN EYE OPENING. AND WHAT THEY

15 ARE ACTUALLY LOOKING, IT'S ALMOST A TELESCOPIC IMAGE.

16 SO THEY ARE LEANING INTO AN OBJECT.

17 MOST OF THE TIME IT'S A REFLECTOR THAT SOMEONE

18 ELSE IS HOLDING. AND IF IT'S A REFLECTORLESS UNIT,

19 THERE'S NO NEED TO POINT THERE.

20 LONG STORY SHORT, YOU SHOOT A LASER, IT HITS

21 THE OBJECT, BOUNCES BACK, AND GIVES YOU 3-DIMENSIONAL

22 COORDINATES FOR THAT POINT.

23 YOU CAN SIT THERE AND TAKE SIX HOURS AND DO A

24 POINT-BY-POINT DOCUMENTATION. MAYBE AT THE END OF A

25 GOOD DAY YOU CAN HAVE 500 DATA POINTS.

26 WE USE 3-D LASER WHICH ARE, ESSENTIALLY, THE

27 SAME PRINCIPLE. BUT WE ARE MUCH MORE EFFICIENT, IN THAT

28 OUR INSTRUMENTS ARE SHOOTING A CONTINUOUS LASER

Page 164 1 COLLECTING DATA AT RATES SOMETIMES UP TO A MILLION

2 POINTS PER SECOND.

3 SO AS THE LASER IS SHOOTING IN A DIRECTION THAT

4 REVOLVES AROUND THE INSTRUMENTS LIKE THIS [WITNESS

5 INDICATES], IT IS ALSO SPINNING IN A 360-DEGREE FORM.

6 SO THE LASER IS CONTINUOUSLY SHOOTING OBJECTS.

7 AND AS IT IS BOUNCING BACK, IT IS RECORDING

8 SPECIFIC DATA POINTS FOR EVERY SURFACE IT SEES. AND

9 THAT DOES IT ON THE FIRST PASS.

10 AND POINTS TO ANY INSTRUMENT ARE JUST A DARK

11 POINT. SO IT DOES A SECONDARY PASS WHERE IT TAKES

12 PHOTOGRAPHS, AND IT ASSOCIATES THE RED, BLUE, OR GREEN

13 PROPERTIES FROM THAT SPECIAL PIXEL ON THE IMAGE AND TIES

14 IT INTO THE DATA POINT. SO WE GET A FULL, COLORIZED,

15 3-D SCAN.

16 AND TO DO THIS PARTICULAR INTERSECTION, JUST

17 BECAUSE OF HOW BIG IT IS, WE USED TWO SCANNERS, AND WE

18 WERE, ESSENTIALLY, LEAPFROGGING TO TRY TO GET ALL THE

19 DATA NECESSARY.

20 AND THAT WAY WE HAVE A MEMORIALIZED, HIGHLY

21 ACCURATE 3-DIMENSIONAL MEASUREMENT OF THE ENTIRE

22 INTERSECTION, INCLUDING THE ROADWAY SURFACE, THE

23 STRIPPING, THE CURBING, THE SIDEWALK, THE SIGNAGE, THE

24 BUILDINGS, THE LOCATION OF CAMERAS AND EVERYTHING ELSE

25 NEEDED FOR THE PHOTOGRAMMETRIC ANALYSIS.

26 THAT IS ONE OF THE THINGS WE DID AT THE

27 INSPECTION.

28 IN ADDITION TO THAT, I MOUNTED ONE OF OUR

Page 165 1 CAMERAS THAT IS CALIBRATED FOR PHOTOGRAMMETRY ONTO A

2 30-FOOT POLE, AND I TOOK NUMEROUS PHOTOGRAPHS OF THE

3 AREA OF INTEREST SO THAT WE COULD USE THE POLICE

4 PHOTOGRAPHS, WHICH STILL-DEPICTED THE EVIDENCE, AND TIE

5 THEM INTO A FULL 3-D PHOTOGRAMMETRY PROJECT SO I COULD

6 RE-MAP ALL THE EVIDENCE AND, ESSENTIALLY, USE THAT AS A

7 CANVAS FOR RECONSTRUCTION.

8 Q. WHY DIDN'T YOU JUST LOOK AT THE VIDEOS?

9 A. WELL, YOU KNOW, I DID LOOK AT THE VIDEOS, AND

10 THEY ARE VERY USEFUL. AND THEY'RE BECOMING MORE COMMON

11 IN RECONSTRUCTION.

12 BUT THE VIDEOS DON'T TELL YOU -- THEY GIVE YOU

13 A GENERAL SCOPE OF WHAT HAPPENED, BUT THEY DON'T GIVE

14 YOU THE DETAILS. THEY DON'T TELL YOU SPECIFIC PATHS.

15 THEY DON'T TELL YOU WHERE EXACTLY AN IMPACT OCCURRED

16 UNLESS YOU HAVE SOME KNOWLEDGE OF PHOTOGRAMMETRY. YOU

17 WOULDN'T BE ABLE TO IDENTIFY SPECIFIC SPEEDS OF THE

18 VEHICLES UNLESS YOU KNOW PHOTOGRAMMETRY.

19 SO, IN OTHER WORDS, YOU CAN DO PHOTOGRAMMETRIC

20 ANALYSES, USE THE VIDEO, DO A -- PARDON ME, DO A

21 CAMERA-MATCHING PROJECT; MEANING, YOU HAVE YOUR 3-D

22 ENVIRONMENT, AND YOU POSITION A CAMERA EXACTLY WHERE THE

23 SURVEILLANCE CAMERA IS, AND YOU PROJECT PLANES THROUGH

24 AREAS WHERE WE KNOW THE VEHICLE IS GOING TO GO THROUGH.

25 AND IF YOU KNOW WHERE THE VEHICLE IS AT IN

26 POSITION 1 AND POSITION 2, AND YOU KNOW YOUR FRAME RATE,

27 AND YOU CAN TAKE YOUR 3-D MAP AND MEASURE A PRECISE

28 DISTANCE FROM POINT ONE TO POINT 2, WELL, THEN, IF YOU

Page: 44 (163 - 166)


Page 166 1 KNOW THE DISTANCE AND THE TIME YOU CAN CALCULATE AN

2 AVERAGE VELOCITY.

3 SO THE VIDEO IS EXTREMELY HELPFUL, BUT IF YOU

4 WANT TO BE DETAILED AND KNOW PRECISELY WHAT HAPPENED,

5 YOU NEED TO REALLY TAKE IT TO THE NEXT STEP.

6 Q. ARE YOU GOING TO EXPRESS OPINIONS ABOUT THINGS

7 THAT ARE NOT ADDRESSED BY THE VIDEOS?

8 A. YES.

9 Q. SUCH AS...?

10 A. WELL, WE'LL BE ABLE TO ADDRESS SPECIFIC

11 DISTANCES. FOR EXAMPLE, WE'LL BE ABLE TO ADDRESS WHERE

12 MR. LO BROUGHT HIS MOTORCYCLE TO A STOP RELATIVE TO THE

13 STOPPED HONDA ACCORD.

14 WE'LL BE ABLE TO TELL YOU HOW FAST

15 MR. CONSOLAZIO WAS TRAVELING WHEN HIS PICKUP TRUCK

16 IMPACTED THE REAR OF THE MOTORCYCLE, AND HOW FAR IT WAS

17 PUSHED INTO THE REAR OF THE HONDA.

18 WE CAN TELL YOU HOW FAST THE PICKUP TRUCK WAS

19 MOVING AT THE TIME IT IMPACTED AND PUSHED MR. LO AND HIS

20 MOTORCYCLE INTO THE REAR OF THE STOPPED AKINO VEHICLE;

21 AND, SUBSEQUENTLY, TELL YOU THE PATH ALONG THAT,

22 FOLLOWED BY HOW FAR MR. CONSOLAZIO TRAVELLED TO FALL,

23 AND TO HAVE THE PICKUP CONTINUE TO PUSH HIM INTO THE

24 INTERSECTION BEFORE THEY CAME TO A STOP. WE CAN GIVE

25 YOU DISTANCES, TIMES, SPEEDS, AND SO ON FOR THAT.

26 IN ADDITION TO THAT, WE CAN GIVE YOU A PRECISE

27 POST-TRAVEL PATH OF THE PICKUP TRUCK; MEANING, AFTER THE

28 PICKUP TRUCK COMES TO REST WITH THE MOTORCYCLE AND

Page 167 1 MOTORCYCLIST WEDGED UNDER THE LEFT FRONT, BASED ON THE

2 PHYSICAL EVIDENCE, WE CAN TELL YOU THE PATH AND WHAT

3 SPEED MR. CONSOLAZIO ACCELERATES TO, PLUS WHAT WOULD BE

4 REQUIRED OF HIM.

5 IN OTHER WORDS, IN TERMS OF INPUTS TO HIS

6 PICKUP TRUCK TO GET HIS VEHICLE TO FOLLOW THAT PATH AND

7 OVERCOME THE RESISTANCE OF THE MOTORCYCLE TO GET IT TO

8 SPEED UP.

9 SO THOSE ARE SOME OF THIS THINGS ASSOCIATED

10 WITH OUR ANALYSIS.

11 IN ADDITION TO THAT, WE HAVE CRASH DATA THAT

12 WAS IMAGED FROM THE PICKUP TRUCK. WE CAN, THROUGH

13 PHYSICAL EVIDENCE, PERFORM ANALYSIS TO VALIDATE IT'S

14 ACCURACY. AND IF WE EVER NEEDED TO ASSOCIATE FORCES

15 WITH THE IMPACTS, WE HAVE THE DATA TO DO THAT.

16 Q. SO YOU GOT FORCES, SPEED, DISTANCE? THINGS

17 LIKE THAT?

18 A. AT SOME POSITIONS, CORRECT.

19 Q. DID YOU EVER LOOK AT THE VEHICLES?

20 A. YES.

21 Q. WAS THAT IMPORTANT TO DO THAT?

22 A. YES. IT'S VERY IMPORTANT TO DO THAT.

23 Q. WHY IS IT IMPORTANT TO SEE SOMETHING YOU ARE

24 GOING TO TALK ABOUT?

25 A. WELL, IF THEY ARE AVAILABLE FOR INSPECTION,

26 WHICH, FOR ME, IT'S A PREFERENCE, I WANT TO LOOK AT

27 THEM. AND I WANT TO LOOK AT THEM IN THE FLESH BECAUSE

28 YOU CAN GLEAN A LOT MORE FROM INSPECTING THE VEHICLE AND

Page 168 1 MAKING YOUR OWN OBSERVATIONS THAN TAKING SOMEBODY ELSE'S

2 WORD FOR IT, OR EVEN LOOKING AT PHOTOGRAPHS WHICH MAY

3 NOT CAPTURE THE TOTALITY OF DETAILS YOU MIGHT BE LOOKING

4 FOR.

5 IN THIS PARTICULAR CASE, FOR THE CONSOLAZIO

6 PICKUP TRUCK, I WANTED TO BE ABLE TO LOOK AT THE

7 DAMAGES. AND THIS WAS SPECIFICALLY IMPORTANT BECAUSE

8 THE PICKUP TRUCK WAS INVOLVED IN TWO COLLISIONS.

9 THE FIRST ONE JUST WITH THE CONSOLAZIO -- I'M

10 SORRY, WITH THE LO MOTORCYCLIST, AND THE SUBSEQUENT ONE

11 PUSHING THE MOTORCYCLIST INTO THE HONDA.

12 SO WE WANTED TO BE ABLE TO DIFFERENTIATE

13 BETWEEN COLLISION 1 AND COLLISION 2 AND FIGURE OUT HOW

14 THE VEHICLE HAD TO INTERACT WITH BOTH OF THOSE. THAT

15 WAS VERY IMPORTANT.

16 NUMBER TWO, WE WANT TO LOOK AT THE DRIVETRAIN.

17 WE KNOW, FOR EXAMPLE, THE VEHICLE IS EQUIPMENT WITH A

18 V-6 ENGINE. WE WANT TO LOOK AT THE TIRE SIZE.

19 AND, ULTIMATELY, ONE OF THE MOST IMPORTANT

20 THINGS IS WE WANTED TO PLUG INTO THE VEHICLE'S

21 ELECTRICAL SYSTEM AND RETRIEVE CRASH-RELATED DATA THAT

22 WOULD TELL US INFORMATION ABOUT THE IMPACTS BUT, ALSO,

23 THE SPEED OF THE VEHICLE ON APPROACH TO IMPACTS.

24 SO THOSE WERE ALL REASONS.

25 Q. WHERE DID THE INSPECTION TAKE PLACE?

26 A. THAT INSPECTION OCCURRED AT REST YOUR CASE IN

27 IRWINDALE, CALIFORNIA.

28 Q. THAT'S A -- WHAT IS THAT?

Page 169 1 A. REST YOUR CASE IS, ESSENTIALLY, AN EVIDENCE

2 STORAGE FACILITY.

3 Q. AND WHO WAS PRESENT AT THE INSPECTION?

4 A. AT THE TIME OF THAT INSPECTION, I HAD BROUGHT

5 LORENZO MORALES WITH ME, WHO IS AN ENGINEERING

6 TECHNICIAN. THERE WAS A YOUNG, FEMALE ATTORNEY FROM

7 MR. FOX'S OFFICE, I BELIEVE. THERE WAS TYLER SHAW, WHO

8 WAS ALSO A RECONSTRUCTIONIST FOR ME THAT WAS WORKING, I

9 THINK, WITH MR. FOX'S OFFICE. AND, I THINK, ATTORNEY

10 ART CHAPMAN WAS PRESENT DURING THAT INSPECTION.

11 Q. HOW LONG DID IT TAKE?

12 A. WELL, IT'S HARD TO DIFFERENTIATE. I WOULD SAY

13 THE INSPECTION OF THE PICKUP TRUCK TOOK BETWEEN TWO TO

14 THREE HOURS.

15 BUT I'M SAYING IT'S HARD DIFFERENTIATE BECAUSE

16 AT THE SAME TIME, THE GROUP THAT WAS THERE, AT LEAST THE

17 ENGINEERS, WE ALSO INSPECTED THE LO MOTORCYCLE. SO WE

18 WERE DOING SORT OF A TANDEM INSPECTION.

19 Q. AND DID YOU DOCUMENT YOUR FINDINGS?

20 A. YES, I DID.

21 Q. AND ARE YOUR OPINIONS IN THIS CASE BASED ON

22 EVIDENCE?

23 A. YES. ALL MY OPINIONS HERE ARE BASED ON

24 EVIDENCE.

25 Q. PHYSICAL EVIDENCE?

26 A. PRIMARILY PHYSICAL EVIDENCE. ACTUALLY, GIVEN

27 THAT I'VE NOT REALLY DONE MUCH IN TERMS OF LOOKING AT

28 THE TRANSCRIPTS, SIMPLY BECAUSE WE HAVE SO MUCH PHYSICAL

Page: 45 (167 - 170)


Page 170 1 EVIDENCE, ALL MY ANALYSIS IS BASED ON PHYSICAL EVIDENCE.

2 Q. OKAY. LET'S TALK ABOUT THE DOWNLOAD OF THE

3 ECM.

4 A. OKAY.

5 Q. DO YOU HAVE THAT INFORMATION?

6 A. YES, I DO.

7 Q. WHY DON'T YOU JUST TELL US -- BEFORE WE GET TO

8 DATA, JUST TELL US HOW YOU DID IT AND WHAT YOU GOT OUT

9 OF THAT.

10 A. SURE.

11 WELL, THE FIRST THING WE DO IS, OBVIOUSLY, LOOK

12 AT THE VEHICLE AND CONFIRM THAT THE ELECTRICAL SYSTEM IS

13 INTACT.

14 AND, I THINK, ON THIS, MR. SHAW AND I, AS WE DO

15 ON OTHER INSPECTIONS, SORT OF WORK TOGETHER. WE TRY TO

16 COORDINATE OUR INSPECTION SO WE ARE NOT STEPPING ON EACH

17 OTHER.

18 AND I BELIEVE HE WENT FIRST, PLUGGING INTO THE

19 SYSTEM. AND ONCE WE KNEW THAT THE -- WE HAD POWER TO

20 THE ENGINE AND SO ON AND PLUGGED INTO THE MODULE.

21 AFTER HE GOT HIS DOWNLOAD, THEN, I BELIEVE, I

22 WENT AND DID THE SAME THING. I JUST PLUGGED INTO THE

23 SYSTEM, CONFIRMED THAT I HAD VALID COMMUNICATION, MADE

24 SOME NOTES TO MY FILE, AND, ESSENTIALLY, RETRIEVED THE

25 DATA.

26 AND IN THIS PARTICULAR SYSTEM, IT'S PRETTY MUCH

27 FOOLPROOF: IT'S JUST CONNECT, CONFIRM THE VIN, AND

28 PRESS "RUN," ESSENTIALLY. AND THE SYSTEM WILL PROVIDE

Page 171 1 YOU A FULL REPORT OF ALL THE DATA STORED RESPECTIVE TO

2 THIS COLLISION EVENT.

3 Q. AND MR. SHAW, DID YOU SAY?

4 A. YES.

5 Q. AND HE WAS WORKING ON BEHALF OF THE SOUTHERN

6 CALIFORNIA GAS COMPANY?

7 A. YES.

8 Q. AND DID YOU AND HIM GET THE SAME DATA?

9 A. OH, YES. AND IT'S THE SAME DATA THAT THE

10 OFFICERS OBTAINED AS WELL.

11 Q. OKAY. ALL RIGHT. I'M GOING TO COME BACK TO

12 THAT.

13 LET'S TALK ABOUT, FROM AN EVIDENTIARY

14 STANDPOINT, WHAT DO YOU DO TO ENSURE THAT YOUR OPINIONS

15 ARE ACCURATE AND SUPPORTED BY PHYSICAL EVIDENCE AND

16 SCIENCE?

17 A. WELL, FIRST AND FOREMOST, WE MAKE EVERY EFFORT

18 TO MAKE SURE THAT THE CANVAS UPON WHICH WE ARE GOING TO

19 BE WORKING ON IS BASED ON PHYSICAL EVIDENCE, AND THAT IT

20 IS ACCURATE. AND WE SPEND A LOT OF TIME DOING THAT, OR

21 REACHING THAT POINT, BY USING THE INSTRUMENTATION

22 METHODOLOGY THAT WE USE.

23 SO WE USE VERY ACCURATE 3-D LASER SCANNERS,

24 AGAIN, AS I MENTIONED, TO NOT JUST DOCUMENT THE SITE BUT

25 TAKE BACK TO OFFICE AND BE ABLE TO GENERATE 3-D DIAGRAMS

26 THAT ARE AN EXACT REPLICA TO SCALE OF THE SITE OF THE

27 COLLISION.

28 AND THEN WE EMPLOY PHOTOGRAMMETRIC ANALYSES,

Page 172 1 WHICH IS WIDELY ACCEPTED ACCIDENT RECONSTRUCTION

2 METHODOLOGY TO REPLACE EVIDENCE ON THE ROADWAY, AND WE

3 DO IT PROBABLY TO A MUCH GREATER DEPTH -- I WOULD SAY A

4 MUCH GREATER DEPTH THAN MOST OF OUR COMPETITORS, IN THAT

5 I WANT TO KNOW WHERE EVERY GOUGE IS, WHERE EVERY MARK

6 IS. SO THAT AT THE END OF THE DAY, IT SIMPLIFIES THE

7 PROCESS OF POSITIONING THE VEHICLES OVER THE EVIDENCE TO

8 UNDERSTAND WHAT IS GOING ON.

9 SO THAT'S JUST FOR THE SITE.

10 Q. ALL RIGHT.

11 A. WHEN I INSPECT THE VEHICLES, LIKE I DID ON THIS

12 CASE, I ALSO USE 3-D LASER SCANNERS TO DIGITIZE THE

13 VEHICLES SO THAT I ACTUALLY TAKE WITH ME A FULL 3-D

14 MEASUREMENT TO SCALE OF EACH OF THE VEHICLES.

15 AND IN THAT SENSE, WHEN I GET BACK TO MY

16 OFFICE, I HAVE THE ABILITY TO, IN A DIGITAL WORLD, USE

17 THEM AS PIECES OF 3-D PUZZLES TO PUT TOGETHER AND

18 UNDERSTAND THE INTERACTION, MATCH DAMAGES.

19 WHEN I CAN DO THAT IN THE -- WITH THE VEHICLES

20 INDEPENDENTLY, IT SIMPLIFIES THE PROCESS TO BE ABLE TO

21 PUT THEM DIRECTLY OVER THE EVIDENCE IN 3-D SPACE OR IN A

22 3-D MODEL.

23 Q. DID YOU PREPARE A POWERPOINT THAT WALKS THROUGH

24 YOUR ACCIDENT RECONSTRUCTIONIST AND OTHER ANALYSIS IN

25 THIS CASE?

26 A. YES, I DID.

27 Q. AND DID YOU PROVIDE THAT TO DEFENSE COUNSEL

28 WHEN THEY TOOK YOUR DEPOSITION, I THINK, IN JULY OF THIS

Page 173 1 YEAR?

2 A. YES.

3 Q. OKAY.

4 MR. PANISH: YOUR HONOR, I WOULD LIKE TO MARK

5 EXHIBIT 67.

6 THE COURT: IT MAY BE MARKED FOR IDENTIFICATION

7 PURPOSES ONLY. CAN YOU DESCRIBE IT, THOUGH, FOR THE

8 RECORD?

9 MR. PANISH: YES. IT'S A POWERPOINT

10 PRESENTATION OF HIS OPINIONS AND FINDINGS.

11 AND I WOULD LIKE TO SHOW THAT.


13 MR. FOX: YOUR HONOR, CAN I JUST GET SPECIFIC

14 PAGE NUMBERS OF WHICH ONE IS IT? 67 -- BECAUSE THERE'S

15 71...

16 MR. PANISH: SO WHAT IS THE OBJECTION?

17 MR. DUNBAR: 67-17 TO 67-71.

18 MR. FOX: THANK YOU, MR. DUNBAR.

19 YOUR HONOR, IT'S BEEN CLARIFIED FOR ME. IT'S

20 67-17 THROUGH 67-44, TO WHICH I HAVE NO OBJECTION FOR

21 DEMONSTRATION PURPOSES.

22 MR. PANISH: WELL, ANY OBJECTION -- I GAVE THEM

23 THIS BEFORE, THE LIST.

24 DO YOU HAVE AN OBJECTION?

25 THE COURT: ARE YOU OFFERING IT INTO EVIDENCE?

26 MR. PANISH: YES, I AM.

27 THE COURT: YOU WANT TO SHOW IT. IS THERE

28 OBJECTION?

Page: 46 (171 - 174)


Page 174 1 MR. FOX: THERE IS FOR ADMISSIBILITY, BUT NOT

2 FOR DEMONSTRATIVE PURPOSES, YOUR HONOR.

3 MR. BARGER: I WOULD JOIN IN THAT.

4 THE COURT: I'M SORRY. MR. PANISH, DID YOU

5 HAVE SOMETHING YOU WISH TO ADD?

6 MR. PANISH: I DIDN'T SAY ANYTHING.

7 THE COURT: OKAY.

8 MR. PANISH: I WAS GOING TO TALK, BUT HE WAS

9 TALKING, SO I DON'T WANT TO INTERRUPT HIM.

10 THE COURT: GOOD.

11 YOUR OBJECTION IS...?

12 MR. FOX: IT'S A POWERPOINT. SO OBJECT TO ITS

13 ADMISSIBILITY, BUT NOT FOR PURPOSES OF DEMONSTRATION TO

14 PUBLISH IT FOR THAT PURPOSE. I HAVE NO OBJECTION TO

15 THAT.

16 THE COURT: AND, MR. PANISH, YOU ARE ASKING IT

17 TO BE ADMITTED?

18 MR. PANISH: YES, YOUR HONOR.

19 THE COURT: WHAT IS THE OBJECTION?

20 MR. FOX: IT IS A POWERPOINT. IT'S

21 DEMONSTRATIVE. IT'S HIS POWERPOINT. IT'S NOT EVIDENCE.

22 IT'S SOMETHING HE CREATED. SO IT'S FOR A DEMONSTRATIVE.

23 MR. BARGER: NO FOUNDATION. HEARSAY.



26 (WHEREUPON EXHIBIT 67-17 TO EXHIBIT

27 67-44 WAS MARKED FOR IDENTIFICATION AND

28 RECEIVED INTO EVIDENCE.)


2 Q. LET'S TAKE A LOOK AT THE FIRST PAGE. OKAY?

3 TELL US --

4 THIS IS 67-17. WHAT ARE WE LOOKING AT HERE?

5 A. WELL, THIS IS JUST THE TITLE PAGE OF OUR

6 ANALYSIS, AND IT'S -- THE TITLE IS "FRAME-BY-FRAME

7 ANALYSIS OF GAS STATION SURVEILLANCE VIDEO TO DETERMINE

8 RESPECTIVE LOCATIONS AND SPEEDS OF THE SOUTH" -- "THE

9 SO CAL GAS PICKUP TRUCK."

10 AND, IN ESSENCE, TO BE DESCRIPTIVE WHAT WE ARE

11 GOING TO DO IS LOOK AT THE VIDEO FOOTAGE BUT NOT JUST IN

12 A NORMAL WATCH THE VIDEO. WE'RE ACTUALLY DOING A

13 FRAME-BY-FRAME ANALYSIS, ISOLATING SPECIFIC POINTS OF

14 INTEREST WHERE WE CAN ACTUALLY IDENTIFY THE PICKUP TRUCK

15 TRAVELING THROUGH VARIOUS LANDMARKS OR NEAR LANDMARKS

16 THAT WE CAN PROJECT ONTO THE ROADWAY FROM THE CAMERA

17 POSITION AND IDENTIFY THE SPECIFIC LOCATION OF THE

18 PICKUP TRUCK AT THAT TIME.

19 IF WE CAN DO THAT FOR MULTIPLE POSITIONS, AND

20 WE KNOW THE TIME THAT ELAPSES FROM THE PICKUP TRUCK

21 BEING AT POSITION A OR B, THEN WE CAN DO SPEED ANALYSIS.

22 SO THIS IS ESSENTIALLY THE INTRODUCTION TO THAT

23 EXERCISE.

24 MR. PANISH: LET ME SEE THE NEXT, PAGE 18.


26 BY MR. PANISH:

27 Q. OKAY. WHAT ARE WE LOOKING AT HERE?

28 A. THIS IS ACTUALLY A VIEW FROM THE SURVEILLANCE

Page 176 1 CAMERA VIDEO, AND IT IS MOUNTED ON THE NORTH WALL OF THE

2 CONVENIENT STORE AND THE FIELD OF VIEW IS ESSENTIALLY

3 WEST OF NORTH.

4 AND YOU CAN MAKE ROSECRANS AVENUE GOING FROM

5 LEFT TO RIGHT. AND HINDRY AVENUE WOULD BE AT THE LEFT

6 EDGE.

7 AND THE REASON WE HAVE SORT OF, LIKE, A BUBBLE

8 EFFECT IS SIMPLY BECAUSE OF THE CAMERA LENS, AND WE

9 ACKNOWLEDGE THAT.

10 BUT WE WANT TO FOCUS ON THE PROJECTION OF LIGHT

11 RAYS GOING FROM THE CAMERA THROUGH SPECIFICALLY

12 LANDMARKS THAT WE CAN IDENTIFY COINCIDING WITH THE

13 PICKUP TRUCK'S POSITION ON APPROACH.

14 Q. OKAY. I GOT ANOTHER EXHIBIT. WE ARE NOT THERE

15 YET.

16 CONTINUE?

17 A. OKAY.

18 MR. PANISH: CAN WE SHOW THAT NOW?


20 BY MR. PANISH:

21 Q. WHAT SIGNIFICANCE IS THIS?

22 A. OKAY. AND THIS IS WHAT I SPOKE ABOUT EARLIER.

23 THE CAMERA VIEW ITSELF HAS A -- WHAT CAN BE

24 REFERRED TO AS A LENS DISTORTION, BUT AS LONG AS YOU

25 UNDERSTAND THAT AND CAN CORRECT IT, LIKE WE HAVE HERE,

26 WE CAN ESSENTIALLY DO A CAMERA MATCHING PROJECT IN OUR

27 3-D ENVIRONMENT. THAT'S ESSENTIALLY WHAT WE ARE DOING.

28 WE ARE SAYING THIS IS THE ACTUAL VIEW THROUGH

Page 177 1 THAT CAMERA. AND NOW WE CAN MAKE OUT LANDMARKS THAT WE

2 CAN IDENTIFY IN OUR 3-D ENVIRONMENT AND REPLICATE THE

3 POSITION OF THE CAMERA.

4 SO THIS IS, ESSENTIALLY, AN ACKNOWLEDGEMENT OF

5 THE LENS CORRECTION FOR THAT.

6 MR. PANISH: LET'S SEE THE NEXT PAGE.


8 THE WITNESS: OKAY. THIS PARTICULAR SLIDE IS A

9 REPLICATION OF THE CAMERA POSITION FIELD OF VIEW IN OUR

10 FULL 3-D ENVIRONMENT.

11 AND IF YOU CAN MAKE OUT SORT OF THE GRAININESS

12 ON THE SURFACE AND THE ACTUAL FUEL PUMPS AND EVEN THE

13 ICE MACHINE, WHAT -- WELL, THAT IS ACTUALLY 3-D SPATIAL

14 DATA POINTS COLLECTED FROM OUR 3-D SCANNER.

15 AND IF YOU SEE THE CIRCLE ON THE GROUND, THE

16 VERY CENTER OF THAT CIRCLE IS WHERE WE SET UP OUR 3-D

17 SCANNER TO BE ABLE TO TAKE FULL 3-D MEASUREMENTS OF

18 EVERYTHING IN ITS SURROUNDINGS FROM THAT SETUP.

19 BY DOING THAT, WE KNOW WE HAVE HIGH ACCURACY

20 DATA FOR ALL LANDMARKS THAT WE'LL BE REFERENCING AS WELL

21 AS THE LOCATION OF THE SURVEILLANCE VIDEO CAMERA.

22 MR. PANISH: YOUR HONOR, MAY I APPROACH THE

23 WITNESS TO GIVE HIM THIS POINTER?

24 THE COURT: YOU MAY.


26 BY MR. PANISH:

27 Q. OKAY. MR. CASTAÑEDA, I AM JUST FIGURING THIS

28 OUT MYSELF. IF YOU HIT IT TWICE, YOU CAN USE IT ON AN

Page: 47 (175 - 178)


Page 178 1 HD.

2 A. GREAT. THANK YOU.

3 Q. OKAY. THANK YOU.

4 MR. PANISH: SO LET'S GO TO THE NEXT SLIDE

5 PLEASE.


7 THE WITNESS: OKAY.

8 BY MR. PANISH:

9 Q. WHAT IS THE SIGNIFICANCE OF THIS?

10 A. WELL, THE NEXT SLIDE IS NOW -- THIS IS AN

11 ACTUAL 3-D MODEL OF THE SITE GENERATING FROM THE 3-D

12 POINT CLOUD.

13 JUST BECAUSE IT FACILITATES IDENTIFICATION OF

14 LANDMARKS, WE WILL BE USING SUCH AS THE EDGES OF THE

15 FUEL PUMPS, SOME OF THE PILLARS, TREES, AND POSTS ACROSS

16 THE ROADWAY.

17 WE CALL THIS A HYBRID 3-D MODEL BECAUSE NOW WE

18 HAVE TAKEN SOME OF THE SURFACE DATA FROM THE SCAN AND

19 ESSENTIALLY MADE A 3-D MODEL, INCLUDING, AS YOU CAN

20 APPRECIATE HERE, THE ROADWAY LANES OF TRAVEL AND THE

21 CENTER LINES AND ALL OTHER ITEMS THAT ARE GOING TO BE

22 PERTINENT TO OUR WORK.

23 MR. PANISH: OKAY. LET'S SEE THE NEXT SLIDE

24 PLEASE. 22.


26 BY MR. PANISH:

27 Q. AND THIS "THE FRAME-BY-FRAME ANALYSIS

28 PRE-IMPACT SEGMENT AVERAGE VELOCITIES OF THE SO CAL GAS

Page 179 1 PICKUP TRUCK," WHAT DOES THAT MEAN?

2 A. THIS IS WHERE WE GET TO THE MEAT OF THE MATTER

3 REALLY.

4 NOW WHAT I HAVE ESSENTIALLY DEMONSTRATED HERE

5 IS HOW WE ARE REPLICATING THE CAMERA POSITION. NOW WE

6 ARE DOING THE CAMERA MATCH NOW. LET'S START THE

7 ANALYSIS BY REVIEWING THE VIDEO IN A FRAME-BY-FRAME

8 METHODOLOGY.

9 MR. PANISH: OKAY. NEXT.


11 BY MR. PANISH:

12 Q. OKAY.

13 A. THE NEXT FRAME IS NOW THE -- A VIDEO STILL

14 WHERE WE ARE IDENTIFYING LANDMARKS THAT ARE GOING TO BE

15 OF USE FOR THE ANALYSIS.

16 SO, FOR EXAMPLE, WE HAVE A TREE THAT WE CAN

17 ACTUALLY IDENTIFY THE WEST EDGE OF, NOT JUST IN THE

18 CAMERA BUT IN OUR 3-D ENVIRONMENT.

19 THERE'S ACTUALLY A SIGN ACROSS THE STREET THAT

20 WE WANT TO REFERENCE. AND THERE'S A FUEL PUMP. THERE

21 IS A SIGNPOST. THERE'S ANOTHER FUEL PUMP.

22 AND WE ALSO HAVE -- ACTUALLY WE ARE USING BOTH

23 EDGES ON TWO SEPARATE POSTS. AND I DIDN'T COME UP WITH

24 THESE.

25 BY THE TIME WE GET TO THIS AREA OF WORK, WE

26 HAVE GONE THROUGH THE VIDEO EXTENSIVELY AND LOOKED AT A

27 TIME FRAMES BOTH GOING FORWARD AND BACKWARD TO SINGLE

28 OUT SPECIFIC LOCATIONS OF THE PICKUP TRUCK AS IT IS

Page 180 1 TRAVERSING LANDMARKS WHERE WE CAN GET HIGHEST RESOLUTION

2 FOR PURPOSES OF ANALYSIS.

3 SO BY SHOWING NOW WHAT WE ARE GOING TO BE USING

4 FOR REFERENCE PURPOSES, WE HAVE LANDMARKS THAT WE CAN

5 PROJECT THROUGH.

6 MR. PANISH: OKAY. NEXT SLIDE, PLEASE.

7 BY MR. PANISH:

8 Q. THIS IS SAME THING?

9 A. SAME THING IN OUR 3-D WORLD.

10 MR. PANISH: LET'S MOVE ON. NEXT.

11 THE WITNESS: OKAY. THIS IS THE VERY SAME

12 DIAGRAM, BUT IT'S A -- IT'S A BIRD'S-EYE VIEW. YOU CAN

13 SEE THAT ALL OF THE PLANES ARE BEING PROJECTED FROM THE

14 SAME CAMERA THROUGH THOSE LANDMARKS.

15 AND THE REASON WE WANT TO DO IT THIS WAY IS

16 BECAUSE THE PICKUP TRUCK IS TRAVELING IN THE NO. 1 LANE

17 WESTBOUND LEFT-TURN LANE. WE WANT TO MAKE SURE ALL THE

18 PLANES ARE PROJECTED THROUGH THAT AREA. AND THAT WAY,

19 WHEN WE DETERMINE ITS SPECIFIC LOCATIONS, WE CAN TAKE

20 DIRECT MEASUREMENTS.

21 MR. PANISH: CAN WE SEE THE NEXT ONE, PLEASE.


23 THE WITNESS: OKAY. THIS IS ONE OF THE FRAMES

24 THAT WE WANT TO USE, AND WE ZOOMED IT IN JUST FOR

25 PURPOSES OF CLARITY.

26 AND IT IS A FRAME WHERE THE SO CAL GAS HAS JUST

27 ENTERED THE FIELD OF THE VIEW OF THE CAMERA, AND WE SEE

28 ITS LEFT REAR RIM TIRE ASSEMBLY IMMEDIATELY TO THE EAST

Page 181 1 OF THE PROJECT PLANE FOR THE TREE. SO THAT IS A KEY

2 FRAME FOR US.

3 MR. PANISH: NEXT, PLEASE.


5 THE WITNESS: OKAY.

6 BY MR. PANISH:

7 Q. THIS IS 67-27. AGAIN, JUST ILLUSTRATING.

8 A. AND THIS IS JUST THE METHODOLOGY. THE FRAME WE

9 ARE PREVIOUSLY LOOKING IS NOW IN THE UPPER LEFT

10 QUADRANT. AND ON THE RIGHT SIDE WE HAVE THE NEXT

11 POSITION WHERE THE FRONT OF THE PICKUP TRUCK IS NOW

12 THROUGH THE PROJECTION PLANE OF THE SIGN ACROSS THE

13 STREET.

14 AND ALL WE ARE DOING IS ESSENTIALLY MATCHING

15 THE POSITIONS USING A SCALE 3-D ENVIRONMENT, A SCALED

16 PICKUP TRUCK, AND THE PROJECTION LINES TO RE-POSITION

17 THE TRUCK AT THOSE MATCHING LOCATIONS.

18 Q. WHY DO YOU HAVE TO DO SUCH DETAIL?

19 A. WELL, WE ARE ENGINEERS, NUMBER ONE.

20 WE WANT TO BE ACCURATE. WE REALLY WANT TO BE

21 ACCURATE IN THE ANALYSIS. WE HAVE CRASH DATA, WHICH WAS

22 IMAGED FROM THE TRUCK, AND IT GAVE US INFORMATION ABOUT

23 THE COLLISION. IT ALSO GAVE US INFORMATION ABOUT THE

24 SPEED OF THE VEHICLE ON APPROACH. WE WANT TO BE ABLE TO

25 VALIDATE THAT.

26 THE VEHICLE ITSELF LEFT NO EVIDENCE BEFORE THE

27 FIRST COLLISION. SO WE WANT TO BE ABLE TO SAY, YOU

28 KNOW, "WE HAVE THIS RECORDED PRE-COLLISION SPEED. LET'S

Page: 48 (179 - 182)


Page 182 1 MAKE SURE IT'S ACCURATE. LET'S MAKE SURE IT'S RIGHT,"

2 AND THIS IS THE BEST METHOD TO USE.

3 BESIDES THIS, AS I MENTIONED, NOT KNOWING THE

4 ACCURACY OF WHAT THE DATA SAYS AT -- WITH RESPECT TO THE

5 TIMING, THIS ALSO PLAYS A HIGH ROLE. AND GOING TO THE

6 TIMING ISSUE, WE HAVE TO REMEMBER WHAT HAPPENS IN THE

7 CRASH DATA.

8 THE WAY THE DATA IS RECORDED IN A VEHICLE FOR A

9 CRASH, IT HAS TO SENSE A COLLISION AND ACTUALLY THE TERM

10 USED IS A JERK. IT'S THE CHANGE OF ACCELERATION WITH

11 RESPECT TO TIME.

12 THE DATA IS A LITTLE BIT INTERESTING IN THAT

13 WHEN A CRASH IS RECORDED, IT USUALLY ASSIGNS IT TIME

14 ZERO, BUT IT DOESN'T GIVE YOU ANY DATA AS FAR AS SPEED

15 OR ANYTHING ELSE AT TIME ZERO. THE FIRST REPORTED SPEED

16 BEFORE IMPACT IS HALF A SECOND BEFORE IMPACT.

17 SO IF YOU JUST TAKE THE DATA AND LOOK AT --

18 LOOK AT IT FOR WHAT IT'S WORTH, MOST PEOPLE WOULD

19 ASSUME, "OH, THIS IS HOW FAST THE VEHICLE IS WHEN -- HOW

20 FAST THE VEHICLE IS TRAVELING WHEN IT IMPACTS MR. LO'S

21 MOTORCYCLE."

22 IF YOU DON'T GO THROUGH THE DATA AND ANALYTICAL

23 PROCESS, WHAT YOU'LL FIND OUT IS THAT THE ACTUAL FEELING

24 OF THAT IMPACT IN THIS SYSTEM OCCURRED WHEN THE PICKUP

25 TRUCK IS PUSHING MR. LO AND HIS MOTORCYCLE INTO THE BACK

26 OF THE PICKUP TRUCK BECAUSE THAT'S WHEN THE ACTUAL

27 RESISTANCE WAS FELT.

28 SO THIS HELPS BEING ABLE TO TIE IN THE DATA TO

Page 183 1 CONFIRM THE ACCURACY.

2 THE COURT: WOULD THIS BE A GOOD TIME TO TAKE

3 THE AFTERNOON RECESS?

4 MR. PANISH: YES, IT WOULD. THANK YOU, YOUR

5 HONOR.

6 THE COURT: WE'LL TAKE THE AFTERNOON RECESS AT

7 THIS TIME. WE'LL RESUME AT 3:15.

8 AS BEFORE, PLEASE, DO NOT DISCUSS ANYTHING




12 WE'LL SEE YOU AT 3:15.

13



16 JURY.)

17

18 THE COURT: ALL OF THE JURORS AND ALTERNATES

19 HAVE LEFT.


21 BEFORE RECESS?



24 MR. BARGER: NO, YOUR HONOR.

25 THE COURT: WE'LL BE IN RECESS UNTIL 3:15.

26

27 (WHEREUPON A RECESS WAS TAKEN AT 3:02

28 P.M. )

Page 184 1 --OOO--



4 MATTER AT 3:17 P.M.)

5



8 JURY.)

9 THE COURT: ANYTHING ANYBODY NEEDS TO ADDRESS?

10 MR. PANISH: NO. WE ARE GOOD.

11 THE COURT: OKAY. MS. FAUNE, WOULD YOU,

12 PLEASE, BRING THE JURORS AND ALTERNATES IN.


14



17 JURY.)

18


20 MR. PANISH...


22 BY MR. PANISH:

23 Q. COULD WE GO BACK TO THAT, MR. CASTANEDA. IT'S

24 FRIDAY AFTERNOON, SO I AM GOING TO MOVE IT ALONG SO WE

25 CAN GET THIS WRAPPED UP. OKAY?

26 A. THAT'S PERFECTLY FINE.

27 Q. SO WE CAN BUZZ THROUGH SOME OF THESE.

28 LET'S GO TO NEXT ONE.

Page 185 1 A. OKAY. THE NEXT ONE IS THE BIRD'S-EYE VIEW OF

2 THOSE TWO POSITIONS WE TALKED ABOUT. WHERE WE CAN

3 ACTUALLY TAKE THE MEASUREMENTS DIRECTLY FROM OUR 3-D

4 ACCURATE SCALED MODEL.

5 Q. OKAY. NEXT.

6 OH, OKAY. HERE WE GO.

7 WHAT DO WE HAVE HERE?

8 A. THIS IS THE MATH PART. WHAT WE FIGURE OUT IS

9 WHAT IS THE FRAME COUNT AT THE FIRST POSITION, FRAME

10 COUNT AT THE SECOND POSITION. WE KNOW THE FRAME RATE.

11 SO WE CALCULATE FOR HOW MUCH TIME ELAPSES FROM THE

12 PICKUP TRUCK BEING AT POSITION 1 AND POSITION 2. IT'S

13 .53 SECONDS. WE MEASURE THE SEGMENT IN OUR 3-D

14 ENVIRONMENT 23.2 FEET.

15 AND VELOCITY IS ESSENTIALLY DISTANCE OVER TIME,

16 AND WE ARE ABLE TO CALCULATE AN AVERAGE VELOCITY OF

17 45.5 FEET PER SECOND, WHICH TRANSLATES TO 29.7 MILES PER

18 HOUR IN THAT SEGMENT.

19 MR. PANISH: LET'S GO TO THE NEXT ONE.


21 BY MR. PANISH:

22 Q. YOU GOT THAT, RIGHT?

23 A. YES. THE NEXT IS JUST THE TWO SELECTED

24 POSITIONS, WE ARE STILL WORKING WITH POSITION 2.

25 AT THE NEXT POSITION, WE LOOK AT OUR PROJECTION

26 PLANES, DO THE CAMERA MATCHING, AND FOLLOW THE SAME

27 PROCEDURE.

28 Q. NEXT.

Page: 49 (183 - 186)


Page 186 1 A. AND, AGAIN, HERE'S -- WE'RE ESSENTIALLY SHOWING

2 OUR WORK. KIND OF LIKE THE TEACHERS USED TO TELL US AT

3 SCHOOL ALL THE TIME, "SHOW YOUR WORK." WE ARE SHOWING

4 OUR WORK.

5 THIS IS HOW FAR THE VEHICLE TRAVELS. AND WE

6 KNOW THE TIME, SO WE CAN NOW MATHEMATICALLY COMPUTE THE

7 SEGMENT SPEED.

8 Q. OKAY. LET'S GO TO THE NEXT ONE.

9 MORE MATH?

10 A. EXACTLY. AND THE AVERAGE SEGMENT SPEED THERE'S

11 29.4 MILES PER HOUR.

12 Q. WHAT YOU DO YOU MEAN "SEGMENT"?

13 A. SURE. WELL, WHAT WE DO IS -- WE KNOW WHERE THE

14 VEHICLE IS AT ONE POSITION. AND WE KNOW WHERE THE

15 VEHICLE IS AT TWO POSITIONS. RIGHT?

16 WE KNOW THE TIME THAT ELAPSES. WE KNOW THE

17 DISTANCE. SO THE SEGMENT IS -- FROM THIS POSITION TO

18 THIS POSITION IS THE AVERAGE SPEED IN THAT AREA. THAT'S

19 THE SEGMENT AVERAGE VELOCITY.

20 Q. AND SEGMENT ONE WAS THE FIRST IMPACT?

21 A. NO. WE ARE NOT TO THE FIRST IMPACT YET.

22 Q. OKAY.

23 A. THIS IS ON APPROACH.

24 Q. GOING TOO FAST.

25 NEXT. SAME THING?

26 A. SAME THING. IT'S A REPETITIVE ITERATIVE

27 PROCESS.

28 Q. NEXT. SAME?

Page 187 1 A. SAME THING.

2 Q. NEXT.

3 MORE MATH. I AM NOT GOOD AT MATH.

4 OKAY. LET'S GO TO THE NEXT. OKAY.

5 SAME THING.

6 NEXT.

7 A. SAME THING.

8 Q. SAME?

9 A. SAME THING.

10 Q. NEXT.

11 MORE MATH?

12 A. MORE MATH.

13 Q. NEXT.

14 SAME THING.

15 NEXT.

16 A. WELL, HERE -- THE LAST ONE IF WE --

17 Q. LAST --

18 A. THE ONE BEFORE. OKAY.

19 POSITION 6. THAT'S WHERE WE ARE ACTUALLY -- WE

20 CAN MAKE OUT THE PICKUP TRUCK BEGIN TO IMPACT THE

21 STOPPED LO MOTORCYCLE.

22 SO THIS IS A KEY FRAME. THE SEGMENT FROM

23 POSITION 5 TO POSITION 6 IS KEY BECAUSE IT GIVES US THE

24 LAST AVERAGE VELOCITY IMMEDIATELY PRIOR TO THE

25 COLLISION.

26 Q. OKAY. NEXT.

27 WE SAW THE NEXT ONE?

28 SO LET'S GO ANOTHER ONE.

Page 188 1 A. OKAY.

2 Q. MORE MATH.

3 NEXT?

4 A. WELL, EXACTLY. WHAT WE ARE COMING UP WITH HERE

5 IS THE AVERAGE SPEED IS 27.3 MILES PER HOUR RIGHT

6 IMMEDIATELY BEFORE THE COLLISION.

7 Q. OKAY. SO THE SPEED, IN YOUR OPINION, BASED ON

8 ALL THE PHYSICAL EVIDENCE AND THE EDC -- ECM, 27.3 MILES

9 AT THE FIRST IMPACT?

10 A. THE CDR. YES.

11 Q. "EDR"?

12 A. "CDR" FOR THIS PARTICULAR MODEL; IT'S CRASH

13 DATA RETRIEVAL.

14 Q. NEXT.

15 NEXT.

16 OKAY. WE SAW THAT. LET'S KEEP GOING. MORE

17 MATH.

18 A. THIS IS POSITION 6 TO 7. WE ARE CALCULATING

19 THE AVERAGE SPEED FROM THE FIRST IMPACT TO THE SECOND

20 IMPACT. SO THAT'S WHAT THAT SPEED IS, IS THE AVERAGE

21 VELOCITY OF THE PICKUP TRUCK.

22 AND NOW WITH MR. LO'S MOTORCYCLE AT THE FRONT

23 END DURING THAT LAST SEGMENT IS 24 MILES AN HOUR.

24 Q. SINCE THERE IS NO BRAKING, WHY IS THE SPEED

25 DECREASING?

26 A. WELL, BECAUSE YOU HAVE AN EXCHANGE OF FORCES,

27 AND THE FIRST THING IS WE HAVE A COLLISION THAT IS GOING

28 TO ACCELERATE MR. LO AND HIS MOTORCYCLE FROM A STOPPED

Page 189 1 POSITION TO ABOUT 23 OR 24 MILES AN HOUR IN THE BLINK OF

2 AN EYE. ACTUALLY, SIGNIFICANTLY FASTER.

3 IT ACTUALLY HAPPENS IN ABOUT A HUNDRED

4 MILLISECONDS. A BLINK OF AN EYE TAKES ANYWHERE FROM .33

5 TO .40 SECONDS. WE ARE TALKING ABOUT AN EVENT -- WE ARE

6 EXCHANGING FORCES IN ABOUT ONE THIRD OF THE TIME IT

7 TAKES TO BLINK.

8 Q. AND HOW MUCH FORCE WAS IMPARTED ON MR. LO IN

9 THE FIRST IMPACT?

10 A. THE FIRST COLLISION IMPARTED A FORCE OF

11 7,000 POUNDS APPROXIMATELY ON THE MOTORCYCLIST LO.

12 Q. HOW ABOUT THE SECOND ONE?

13 A. THE SECOND COLLISION WHERE WE HAVE THE FRONT OF

14 THE PICKUP TRUCK IMPACT -- PUSHING OR ACTUALLY PUSHING

15 IT INTO THE STOPPED HONDA HRV, THE FORCES ACTING

16 THERE --

17 AND I MAY HAVE TO RUN A CALCULATION. CAN YOU

18 BEAR WITH ME FOR 30 SECONDS.

19 MR. FOX: YOUR HONOR, THIS IS -- I'M GOING TO

20 MAKE AN OBJECTION. THIS IS KENNEMUR.


22 MR. PANISH: HE WASN'T ASKED ABOUT THIS.

23 MR. FOX: THANK YOU.

24 MR. PANISH: WHAT HAPPENED? WHAT HAPPENED?

25 MR. FOX: HE SUSTAINED IT.

26 THE COURT: YOU WANT TO COME TO SIDEBAR? I'LL

27 SEE COUNSEL...

28 MR. FOX: HOLD ON. LET ME TALK TO MR. PANISH.

Page: 50 (187 - 190)


Page 190 1 (COUNSEL ENGAGE IN AN OFF-THE-RECORD

2 DISCUSSION IN OPEN COURT.)

3 MR. FOX: HE CAN GO AHEAD, YOUR HONOR. I'LL

4 WITHDRAW. GO AHEAD.

5 YOUR HONOR, I'M GOING THE WITHDRAW THE

6 OBJECTION AND LET IT GO.

7 BY MR. PANISH:

8 Q. HOW MUCH FORCE?

9 A. 16,000 POUNDS.

10 Q. NOT ON HIM? IS THAT ON HIM?

11 A. THAT'S -- WELL, HIS PERSON IS BEING WEDGED

12 BETWEEN THE VEHICLES.

13 Q. HOW ABOUT THE LEG?

14 A. THAT'S PRECISELY THE COMPONENT OF HIS BODY THAT

15 IS BEING SUBJECTED TO THAT LOAD.

16 Q. LET'S GO TO THE NEXT ONE.

17 OKAY. WE TALKED ABOUT THAT.

18 POST-COLLISION. LET'S GO.

19 NEXT. SAME THING?

20 A. SAME THING.

21 NOW, THIS WOULD BE THE -- WHAT HAPPENS AFTER

22 THE FACT. WE ARE DOING EXACTLY THE SAME EXERCISE, BUT

23 THIS IS A WHOLE COMPLETE RECONSTRUCTION BECAUSE WHAT

24 HAPPENS IS AFTER THE FIRST COLLISION THE VEHICLES COME

25 TO REST WITHIN THE INTERSECTION.

26 AND THERE'S A TIME LAPSE THAT OCCURS OF ABOUT

27 23-OR-SO SECONDS BEFORE MR. LO BEGINS MOVING AGAIN. SO

28 THIS WOULD BE THE RECONSTRUCTION OF THE MOVEMENTS AFTER

Page 191 1 THE VEHICLES HAD COME TO REST.

2 AND WE'RE USING THE SAME ANALYTICAL APPROACH

3 WHERE WE ARE PROJECTING PLANES FROM THE CAMERA THROUGH

4 LANDMARKS THROUGH THE INTERSECTION TO DO A CAMERA

5 MATCHING PROJECT AND POSITION THE PICKUP TRUCK ON ITS

6 PATH.

7 Q. OKAY. BY THE WAY, HOW LONG, BASED ON YOUR

8 ANALYSIS, WAS MR. LO STOPPED ON HIS MOTORCYCLE BEFORE

9 BEING STRUCK?

10 A. MR. LO HAD BEEN STOPPED FOR APPROXIMATELY

11 12 SECONDS BEFORE HE -- HIS MOTORCYCLE AND HIM WERE

12 COLLIDED WITH BY THE CONSOLAZIO PICKUP TRUCK.

13 Q. LET'S GO TO THE NEXT EXHIBIT.

14 THE NEXT.

15 SAME.

16 NEXT.

17 IF YOU THINK IT'S -- IT'S REALLY IMPORTANT,

18 WE'LL STOP, BUT YOU ARE -- YOU HAVE EXPLAINED WHAT YOU

19 ARE DOING, RIGHT?

20 A. YES. WE'RE JUST SHOWING OUR WORK, LAYING THE

21 FOUNDATION FOR THE ANALYTICAL METHOD.

22 Q. NEXT.

23 NEXT.

24 OKAY.

25 A. THAT'S JUST A ZOOMED IMAGE. WHEN WE ARE DOING

26 A FRAME-BY-FRAME ANALYSIS, WE WANT TO ZOOM IN ON THE

27 IMAGES TO BE ABLE TO PROJECT THE PLANES IN AN ACCURATE

28 FASHION.

Page 192 1 Q. NEXT.

2 NEXT.

3 MORE MATH?

4 A. MORE MATH.

5 BUT SEE NOW WHAT WE CAN GLEAN IS THAT THERE'S

6 LESS DISTANCE TRAVELLED BETWEEN THE NUMBER OF FRAMES, SO

7 WE CAN CALCULATE THAT THE VEHICLE IS GOING TO START

8 ACCELERATING. YOU'LL START SEEING THAT THE VELOCITY

9 STARTS GOING UP.

10 Q. NEXT.

11 NEXT.

12 OKAY. THIS IS SHOWING THE TURNING MOVEMENTS?

13 A. CORRECT.

14 Q. OKAY. LET'S GO NEXT.

15 MORE MATH.

16 7.4. WHAT IS THAT?

17 A. WELL, 7.4 MILES PER HOUR IS NOW THE SPEED OVER

18 THAT SEGMENT WE JUST CALCULATED. SO WE STARTED FROM A

19 STOPPED, MOVED THE FIRST SEGMENT. IT WAS ABOUT

20 3.4 MILES PER HOUR.

21 THE NEXT SEGMENT, 7.4, WHICH IS THE ONLY WAY

22 YOU CAN INCREASE SPEED IS BY APPLYING THE GAS TO YOUR

23 VEHICLE.

24 IN THIS CASE, IT'S IMPORTANT TO KNOW THAT THE

25 LEFT FRONT TIRE OF THE PICKUP TRUCK IS NOT FREE ROLLING.

26 WHAT'S HAPPENED, AS A RESULT OF THE SECOND

27 COLLISION AND THE MOTORCYCLIST LO GOING ONTO HIS RIGHT

28 SIDE, THE PICKUP TRUCK CAME AND TRAVELLED OVER HIM SUCH

Page 193 1 THAT THE MOTORCYCLE AND THE MOTORCYCLISTS BECAME WEDGED.

2 AND IF -- IF ANYONE HAS BEEN IN THE PROXIMITY

3 OF A COMMERCIAL TRUCK EVEN AT A -- YOU KNOW, TRUCK STOP

4 OR A LARGE MCDONALD'S, YOU'LL SEE THE DRIVERS WILL TAKE

5 OUT A CHOCK. AND IT'S A TRIANGULAR PIECE THEY PUT IN

6 FRONT OF THE WHEEL SO THE VEHICLE DOESN'T ROLL OUT.

7 THAT IS ESSENTIALLY WHAT'S HAPPENING HERE. THE

8 PICKUP TRUCK IS NOW BEING EFFECTED IN THE SAME MANNER BY

9 THE MOTORCYCLIST THAT IS WEDGED UNDERNEATH. AND IF --

10 IF THE VEHICLE IS ENCOUNTERING THAT RESISTANCE, IT MEANS

11 THAT THE DRIVER HAS TO PUT A LITTLE MORE THROTTLE --

12 ACTUALLY, CONSIDERABLY MORE THROTTLE, ABOUT TWO AND A

13 HALF TIMES MORE THROTTLE TO GET THE TRUCK TO MOVE.

14 KNOWING HOW THE VEHICLE WAS IN A STRAIGHT PATH

15 DURING THE INITIAL COLLISION, WE KNOW THAT THE PATH THAT

16 WOULD HAVE BEEN FOLLOWED HAD NO STEERING BEEN INDUCED

17 WOULD HAVE BEEN IN A STRAIGHT LINE.

18 HOWEVER, BECAUSE THE PICKUP TRUCK ACTUALLY MADE

19 A COMPLETE TURN AND ALIGNED ITSELF TO GO SOUTH ON

20 HINDRY, WELL, WE KNOW THERE HAD TO BE STEERING INPUTS TO

21 DIRECT THE PICKUP TRUCK TO FOLLOW. SO THIS IS PART OF

22 THAT INFORMATION THAT WE ARE DERIVING.

23 Q. OKAY. NEXT.

24 NEXT.

25 NEXT.

26 MORE MATH. WHAT IS THIS?

27 A. WELL, THIS IS IMPORTANT BECAUSE WHAT WE CAN

28 GLEAN IS THAT, AS THE PICKUP TRUCK BEGINS TO EXIT THE

Page: 51 (191 - 194)


Page 194 1 INTERSECTION, WE ARE CALCULATING AN AVERAGE SPEED OF 9

2 MILES PER HOUR.

3 AND BY KNOWING HOW FAR THE VEHICLE IS

4 TRAVELING, BY KNOWING WHAT SPEEDS ITS ACHIEVING, WE CAN

5 ACTUALLY DO CALCULATIONS AND EVENTUALLY A SIMULATION

6 EMPLOYING AN ACCURATE 3-D MODEL OF THE SITE AND AN

7 ACCURATE 3-D MODEL OF THE PICKUP TRUCK TO UNDERSTAND

8 WHAT WOULD BE REQUIRED OF THE DRIVER TO GET THE PICKUP

9 TRUCK TO FOLLOW THAT PATH AND ACHIEVE THOSE SPEEDS AT

10 SPECIFIC LOCATIONS.

11 THAT'S HOW WE KNOW THAT AT THE START OF THE

12 MOVEMENT THE DRIVER HAS TO APPLY ABOUT 70 PERCENT

13 THROTTLE.

14 AND AS A COMPARISON, MOST OF THE TIME WHEN WE

15 PULL OUT FROM A RED LIGHT OR FROM A STOP, WE'RE NOT

16 TRYING TO BURN RUBBER; WE JUST APPLY 40, 45 PERCENT.

17 AND THEN WE BACKTRACK OFF OF THAT TO ADJUST

18 FOR -- IN THIS CASE, WE HAVE ABOUT 70 PERCENT THROTTLE

19 FOLLOWED BY ABOUT A 50-PERCENT CONTINUOUS THROTTLE TO

20 KEEP THE TRUCK GOING.

21 SO, OBVIOUSLY, THERE'S SOME RESISTANCE ACTING

22 ON THE PICKUP TRUCK THAT THE DRIVER HAS TO OVERCOME BY

23 PUTTING HIS FOOT ON THE THROTTLE AND, OBVIOUSLY, STEER

24 TO MANEUVER THE VEHICLE ALONG THE PATH.

25 Q. AND DID YOU PREPARE AN ANIMATION OF THE

26 COLLISION INPUTTING ALL YOUR SCIENTIFIC DATA THAT

27 ILLUSTRATES THE OPINIONS THAT YOU HAVE IN THIS CASE?

28 A. YES. WE PERFORMED EVERYTHING IN 3-D, OUR CAD

Page 195 1 DIAGRAMS, AND 3-D SIMULATION. AND A 3-D ANIMATION WAS

2 PREPARED UNDER MY DIRECTION BASED ON THE PHYSICS-BASED

3 ANALYSIS THAT WE PERFORMED TO BE ABLE TO MATCH ALL THE

4 EVIDENCE, AND SHOW IT AS AN ACCURATE DEPICTION OF WHAT

5 THE FACTS TELL US OCCURRED.

6 Q. BEFORE WE GET TO THAT, I WOULD LIKE TO JUST

7 FLIP THROUGH THREE SLIDES.

8 MR. PANISH: GO BACK TO THE BEGINNING ONES, AND

9 THEN GO TO THAT.


11 MR. PANISH: NEXT, PLEASE.


13 MR. PANISH: NEXT.

14 I WANT US TO KEEP GOING UNTIL WE GET THE MATH.

15 WE KNOW WHAT YOU ARE DOING.

16 THE WITNESS: SURE.

17 BY MR. PANISH:

18 Q. 9.1 IS WHAT?

19 A. THAT'S THE NEXT SEGMENT, "AVERAGE SPEED."

20 Q. AND THE FASTER YOU GO -- THE FASTER YOU GO, THE

21 SOONER YOU ARE GOING TO TRAVEL THAT DISTANCE, RIGHT?


23 Q. AND HOW FAST WAS THE AVERAGE SPEED OF

24 MR. CONSOLAZIO WHILE MR. LO WAS BEING DRAGGED?

25 A. WELL, HERE'S WHAT WE DO KNOW.

26 BASED UPON THE SURVEILLANCE VIDEO FOOTAGE, WE

27 KNOW THAT THE PICKUP TRUCK ATTAINS A SPEED OF

28 APPROXIMATELY TEN MILES PER HOUR WHEN THE PICKUP TRUCK

Page 196 1 AND THE MOTORCYCLE EXIT THE LAST FIELD OF VIEW.

2 I CAN'T TELL YOU, NOR CAN THE PHYSICAL EVIDENCE

3 TELL US, IF MR. CONSOLAZIO DECIDED TO APPLY THE THROTTLE

4 HARDER OR LESSEN IT UP.

5 IF HE LESSENS IT UP, IT MEANS HE SLOWS DOWN,

6 WHICH MEANS HE WOULD GO MUCH SLOWER OVER THAT DISTANCE.

7 IF HE STEPS ON IT A LITTLE HARDER, HE'LL COVER THAT

8 DISTANCE.

9 SO FOR ALL INTENTS AND PURPOSES FOR THE

10 ANALYSIS, I HAD A -- I CONTINUED THE TEN-MILE-AN-HOUR

11 SPEED BECAUSE THAT'S THE BEST INFORMATION I HAD AT THE

12 VERY LAST DATA POINT.

13 Q. AND AT TEN MILES AN HOUR, A VEHICLE IS GOING

14 THE TRAVEL APPROXIMATELY 14.6 FEET PER SECOND?

15 SOMETHING LIKE THAT?

16 A. THAT'S VERY GOOD, ACTUALLY. IT'S 14.67.

17 Q. AND THE WAY YOU DETERMINE THAT IS FOR EVERY

18 MILE A VEHICLE TRAVELS 1.46 FEET?


20 Q. THAT'S A KNOWN EQUATION?

21 A. YOU KNOW, IT'S JUST A DIRECT UNIT CONVERSION.

22 Q. OKAY. I DON'T KNOW THAT.

23 BUT LET'S GO TO THE NEXT ONE.

24 NEXT.

25 NEXT.

26 A. AND, YOU KNOW, I'M SORRY TO INTERRUPT, BUT I

27 THINK --

28 Q. IT'S OKAY.

Page 197 1 A. -- IF I HEARD CORRECTLY, YOU WERE ASKING ABOUT

2 HOW LONG.

3 Q. YEAH. HOW LONG -- OH, ACTUALLY, WE HAVE THAT

4 IN THE NEXT EXHIBIT. SO LET ME GET THROUGH THIS. WE'LL

5 GO QUICK, AND THEN GET TO THAT.

6 A. OKAY. PERFECT.

7 Q. ALL RIGHT. LET'S JUST GET THROUGH THIS HERE.

8 MR. PANISH: ALL RIGHT. KEEP GOING UNTIL WE

9 GET TO --


11 MR. PANISH: KEEP GOING.


13 MR. PANISH: KEEP GOING.

14 BY MR. PANISH:

15 Q. THESE ARE JUST AVERAGE SPEEDS, RIGHT?

16 A. THESE ARE ALL THE SEGMENT AVERAGE SPEEDS,

17 THAT'S CORRECT.

18 Q. ALL RIGHT.

19 MR. PANISH: ONE MORE.


21 BY MR. PANISH:

22 Q. ARE WE DONE WITH THAT?

23 A. I THINK THERE MIGHT BE ONE MORE.

24 MR. PANISH: IS THERE ONE MORE, MIKE?

25 THE VIDEO TECHNICIAN: [GESTURES].

26 MR. PANISH: THAT'S IT.

27 OKAY. LET'S GO TO SLIDE NO. 1. I WANT TO GO

28 THROUGH THAT QUICKLY.

Page: 52 (195 - 198)


Page 198 1 MR. DUNBAR: 67-1.

2 MR. PANISH: I'M SORRY. 67-1.

3 MR. FOX: THROUGH -11?

4 MR. PANISH: YES.

5 MR. FOX: I HAVE NO PROBLEM FOR DEMONSTRATIVE

6 PURPOSES, YOUR HONOR, ON 67-1 THROUGH -- I'M SORRY, 67-1

7 THROUGH --

8 MR. PANISH: THE WHOLE EXHIBIT IS IN EVIDENCE.

9 SO LET'S GO TO NO. 1.

10 MR. FOX: NO. THAT'S -- THAT'S NOT CORRECT?

11 MR. PANISH: 67-1. ALL RIGHT.

12 MR. FOX: YOUR HONOR, I DON'T -- I SHOW 67-17

13 THROUGH -44 IN EVIDENCE.

14 MR. PANISH: WELL, I MOVED THE WHOLE EXHIBIT

15 IN.

16 THE COURT: I THINK -- MS. FAUNE...?

17 THE CLERK: SO I HAVE 67-17 TO -44.

18 MR. PANISH: OKAY. WELL, I WANT TO MOVE IN THE

19 ENTIRE EXHIBIT; THAT'S 67-1 THROUGH 67-71, I BELIEVE.

20 IS THAT RIGHT? THAT'S RIGHT -71, SAME AS

21 BEFORE.

22 AND, YOUR HONOR, WHILE YOU ARE DOING THAT, IS

23 IT OKAY IF I APPROACH TO GET SOMETHING SET UP WITH THE

24 WITNESS?

25 THE COURT: IT DEPENDS ON WHAT IT IS.

26 MR. PANISH: IT IS SOMETHING I HAVE ALREADY

27 DISCUSSED WITH COUNSEL.

28 THE COURT: ALL RIGHT. YES.


2 Q. MR. CASTAÑEDA, IF WE CAN, LOOK AT THE NEXT

3 SLIDE.

4 THE COURT: OKAY.

5 MR. FOX: WE'RE STILL ON THE ISSUE, YOUR HONOR.

6 I THINK COUNSEL IS MOVING THE ENTIRETY OF -- I WON'T

7 SPEAK FOR HIM. I'LL LET HIM GO.

8 GO AHEAD, MR. PANISH.

9 MR. PANISH: THAT'S RIGHT. HE IS RIGHT?

10 MR. FOX: THE ENTIRETY OF EXHIBIT 67, YOUR

11 HONOR, FROM -1 THROUGH -71.

12 AND THE OBJECTION IS, IT'S FOUNDATION AND IT'S

13 HEARSAY, SO I HAVE NO PROBLEM FOR DEMONSTRATIVE PURPOSES

14 ONLY.

15 MR. BARGER: I WOULD JOIN IN THAT OBJECTION.

16 MR. PANISH: DO I NEED TO SAY ANYTHING?

17 THE COURT: SO YOU ARE OBJECTING TO IT COMING

18 INTO EVIDENCE?

19 MR. FOX: I AM, YOUR HONOR. IT'S THE EXPERT'S

20 POWERPOINT, OR PRESENTATION.

21 THE COURT: AND WHAT IS THE HEARSAY?

22 MR. FOX: IT'S NOT EVIDENCE. IT'S A POWERPOINT

23 HE CREATED. IT'S JUST HIS POWERPOINT FOR DEMONSTRATION,

24 YOUR HONOR.

25 MR. PANISH: IF YOU WANT TO HEAR FROM ME, LET

26 ME KNOW, YOUR HONOR.

27 THE COURT: I'LL HEAR FROM YOU.

28 MR. PANISH: IT'S -- CLEARLY HE HAS THE

Page 200 1 FOUNDATION. THIS IS THE BASIS OF HIS OPINIONS.

2 THE COURT: FOUNDATION, I AGREE.

3 MR. PANISH: AND THERE'S MORE FOUNDATION I'M

4 GOING TO SHOW.

5 THE COURT: BUT WHAT IS THE HEARSAY EXCEPTION?

6 MR. PANISH: EXPERTS CAN RELY ON HEARSAY. IT'S

7 JUST PREPARED IN THE REGULAR COURSE OF BUSINESS IN OUR

8 OFFICE.

9 THE COURT: HE CAN'T RELY ON HEARSAY HE

10 CREATED.

11 MR. PANISH: WELL, ALL OF THE DOCUMENTS -- CAN

12 WE ARGUE ABOUT THAT LATER? CAN I JUST SHOW IT? BECAUSE

13 IT'S GOING TO TAKE TIME.

14 THE COURT: OKAY. MR. FOX SAYS HE HAS NO

15 OBJECTION TO USE FOR DEMONSTRATIVE PURPOSES. WE'LL

16 ADDRESS THIS MONDAY MORNING AT 8:30.

17 MR. PANISH: NO PROBLEM.

18 MR. FOX: ABSOLUTELY PERFECT, YOUR HONOR.

19 MR. PANISH: BUT WE ARE TALKING ABOUT NOW.

20 THE COURT: FOR PURPOSES OF NOW, YOU MAY -- I

21 ASSUME THERE IS NO OBJECTION TO PUBLISHING THEM IN FRONT

22 OF THE JURY?

23 MR. FOX: NONE, YOUR HONOR. HAPPY TO DO THAT.

24 THE COURT: THEY MAY BE PUBLISHED.

25 AND WE'LL RESERVE UNTIL MONDAY TO DETERMINE

26 WHETHER OR NOT...

27 MR. PANISH: OKAY. FAIR ENOUGH. I JUST WANT

28 TO GET THROUGH THIS.

Page 201 1 (WHEREUPON EXHIBIT 67-1 TO 67-16 WAS

2 MARKED FOR IDENTIFICATION.)

3 MR. PANISH: SO LET'S GO TO THE NEXT ONE.


5 MR. PANISH: OKAY. WE'RE ON ONE. LET'S GO TO

6 TWO.


8 BY MR. PANISH:

9 Q. OH, HERE, BOSCH. THIS IS THE DATA THAT WAS

10 TAKEN FROM THE DOWNLOAD OF THE VEHICLE, CORRECT?

11 A. YES.

12 Q. OKAY. EXPLAIN THAT. AND WHY DOES THIS CERTAIN

13 PART OF A RED THING ON IT?

14 A. WELL, WHEN WE DID THE ANALYSIS, MR. PANISH, WE

15 DO IT NUMEROUS METHODS.

16 WE DO IT BASED ON THE VIDEO ANALYSIS, WE DO AN

17 ANALYSIS BASED ON THE PHYSICAL EVIDENCE, AND THEN WE

18 ALSO ANALYZED THE CRASH DATA, AS I MENTIONED PREVIOUSLY.

19 SO THE TOTALITY OF THIS EXHIBIT SHOWS WHERE WE

20 DETERMINE THE VEHICLE TO BE AT 2.13 SECONDS BEFORE

21 IMPACT, AS YOU CAN GLEAN FROM THE HEADER.

22 I'M TYING THAT INFORMATION TO THE CRASH DATA

23 RETRIEVAL REPORT WHICH TELLS US WHAT IS GOING ON WITH

24 THE VEHICLE.

25 I MENTIONED PREVIOUSLY THAT THE VEHICLE SYSTEM

26 DETECTED THE SECONDARY COLLISION, AND THAT'S WHAT IT IS

27 BASING AS ITS TIME ZERO.

28 MATHEMATICALLY, WHAT WE HAVE CALCULATED IS THAT

Page: 53 (199 - 202)


Page 202 1 THE IMPACT WITH THE MOTORCYCLIST, THE FIRST COLLISION,

2 DOESN'T OFFER THE RESISTANCE TO THE CAR FOR IT TO SEND A

3 SIGNAL AND RECORD THE DATA. IT'S THE SECONDARY

4 COLLISION. AND THE TIME THAT ELAPSES BETWEEN THOSE TWO

5 COLLISIONS IS ABOUT HALF A SECOND.

6 SO WHAT I AM DOING HERE IS, ESSENTIALLY,

7 SAYING, "OKAY, HERE'S WHERE THE PICKUP TRUCK IS AT

8 T-MINUS 2.33 SECONDS, BASED ON THE VIDEO ANALYSIS THAT

9 WE PREPARED AND, ESSENTIALLY, HAVE SHOWN IN A POWERPOINT

10 PRESENTATION TO FACILITATE THE DEMONSTRATIVE. WE TIE

11 THAT IN TO WHERE IN TIME THAT'S OCCURRING.

12 SO IF WE ACCOUNT FOR THE HALF-SECOND DISPARITY,

13 THE ACTUAL SPEED OF THE TRUCK, WHAT IS BEING REPORTED AT

14 THAT POINT IN TIME IS ABOUT 30 MILES PER HOUR, AND

15 THAT'S INTERNALLY WHAT THE VEHICLE IS SENSING.

16 IT'S GOING ABOUT 30 MILES PER HOUR. IF YOU

17 COMPARE THAT SPEED TO THE VALUES FOR THE SEGMENTS WE

18 CALCULATED, YOU SEE THAT THEY LINE UP, AND THEY COMPORT

19 VERY WELL.

20 SO THIS IS, ESSENTIALLY, AN ADDITIONAL METHOD

21 TO CONFIRM THE ACCURACY AND VALIDITY OF THE ANALYTICAL

22 PROCESS.

23 MR. PANISH: LET'S GO TO THE NEXT ONE.

24 NEXT.

25 GO TO THE NEXT ONE, PLEASE.


27 BY MR. PANISH:

28 Q. STOP ME IF --

Page 203 1 A. YEAH, YOU KNOW WHAT? IF WE CAN GO BACK ONE

2 MORE.

3 MR. PANISH: GO BACK.


5 BY MR. PANISH:

6 Q. SORRY.

7 A. THAT'S OKAY.

8 MR. PANISH: GO BACK. IT'S 676-6.


10 THE WITNESS: AND, IF WE COULD, JUST ZOOM IN ON

11 THE LOWER PORTION FIRST, JUST TO KIND OF GIVE A LITTLE

12 BIT OF INDICATION RELATIVE TO TIME.


14 THE WITNESS: OKAY. THE PICKUP TRUCK IS

15 DEPICTED IN WHITE. IT IS POSITIONED AT IMPACT WITH THE

16 LO MOTORCYCLE, AND THE STOPPED HONDA HRV IS AHEAD OF

17 THEM.

18 THIS IS THE ACTUAL TIME STAMP EQUALS ZERO FOR

19 ALL PURPOSES OF THE ANALYSIS. BUT AS IT PERTAINS TO THE

20 CRASH DATA RETRIEVAL REPORT, IT WOULD BE HALF A SECOND

21 BEFORE THE SYSTEM DETECTS THE SECONDARY COLLISION.

22 SO, IF WE CAN, ZOOM OUT AND LOOK AT THE CRASH

23 DATA RETRIEVAL TABLE, YOU CAN SEE THAT THE ASTERISKS

24 T-MINUS 0.5 SECONDS, I HAVE INDICATED THAT'S THE IMPACT

25 WITH THE MOTORCYCLE.

26 THE SPEED REPORTED BY THE INTERNAL SYSTEM IS 27

27 MILES PER HOUR, AND IT COMPORTS VERY EXCELLENT WITH THE

28 LAST SEGMENT THAT WE CALCULATED BEFORE THE IMPACT OF

Page 204 1 27.3 MILES PER HOUR.

2 SO IT SHOWS THE VALIDITY AND THE ACCURACY OF

3 EVEN EMPLOYING A DIFFERENT METHOD AND GETTING THE

4 EVIDENCE TO LINE UP.

5 MR. PANISH: OKAY. NEXT.


7 BY MR. PANISH:

8 Q. CAN WE GO --

9 A. NEXT IS -- .53 SECONDS AFTER THE INITIAL

10 COLLISION IS WHEN THE MOTORCYCLIST LO IS BEING PUSHED

11 INTO THE REAR OF THE AKINO VEHICLE. AND HE WE CAN ZOOM

12 IN ON THE DIAGRAM JUST TO SHOW HOW THEY ARE ORIENTED.

13 YOU ASKED PREVIOUSLY ABOUT THE FORCE EXCHANGE.

14 IN THIS COLLISION, THE PICKUP TRUCK, WHICH WEIGHS 4,408

15 WITH THE DRIVER, THE LID, THE EQUIPMENT IT HAD, IS

16 PUSHING THE 670-POUND MOTORCYCLISTS INTO A 3,300-POUND

17 VEHICLE.

18 SO AS A RESULT OF THE COLLISION, YOU GOT THE

19 MUCH LARGER MASS, 4,400 POUNDS, BEING SLOWED WITHIN A

20 TENTH OF A SECOND, PER THE CRASH DATA, BY EIGHT MILES

21 PER HOUR.

22 WE WALKED THROUGH THE EXERCISE EARLIER, BUT IF

23 YOU KNOW DISTANCES AND TIME, YOU CAN CALCULATE VELOCITY

24 LIKEWISE. IF YOU KNOW THAT AS A RESULT OF THE COLLISION

25 THE PICKUP TRUCK SLOWS DOWN EIGHT MILES PER HOUR, AND

26 YOU KNOW THE TIME DURATION, YOU CAN CALCULATE

27 ACCELERATION.

28 FORCE EQUALS MASS TIMES ACCELERATION. SO BASED

Page 205 1 ON THAT EQUATION, THAT'S HOW WE COMPUTE THE

2 16,000 POUNDS OF FORCE EXCHANGED.

3 Q. OKAY.

4 MR. PANISH: NEXT.

5 WE ARE ALMOST DONE.

6 LET'S GO TO THE NEXT ONE.


8 BY MR. PANISH:

9 Q. THESE ARE JUST SHOWING THE VARIOUS POSITIONS?

10 A. YES.

11 Q. WE CAN SHOW IT ON THE BIG ONE, TOO, RIGHT?

12 A. WELL, THIS ACTUALLY WOULD BE A VERY GOOD ONE

13 BECAUSE THIS IS WHERE THE VEHICLES COME TO REST -- OOPS,

14 I'M SORRY.

15 WE ARE DEPICTING WHERE THE VEHICLES COME TO

16 REST WITHIN THE INTERSECTION AFTER THE FIRST SEQUENCE OF

17 COLLISIONS. AND IT IS AT THIS POINT WHERE EVERYTHING

18 COMES TO A STOP, AND THEN 23 SECONDS LATER IS WHEN

19 MR. CONSOLAZIO INITIATES MOVEMENT AGAIN.

20 SO THAT WILL TIE IN WELL WITH THE NEXT ONE.

21 MR. PANISH: LET'S SEE. THE NEXT ONE.


23 THE WITNESS: THIS IS THE SAME DIAGRAM,

24 AND WHAT WE ARE SHOWING IS IN OUR 3-D ENVIRONMENT WE'RE

25 WORKING OFF OF ONE FILE. WE ARE JUST SHOWING DIFFERENT

26 POSITIONS, ALL OF WHICH WERE ACCOUNTED FOR IN THE

27 ANALYSIS.

28 BUT THIS IS A BIRD'S-EYE VIEW PRINTED TO A

Page: 54 (203 - 206)


Page 206 1 LARGER SCALE SHOWING THE PICKUP TRUCK IN WHITE AT THE

2 INITIAL COLLISION WITH THE MOTORCYCLIST; HALF A SECOND

3 LATER THE SECOND COLLISION PUSHING THE -- PUSHING THE

4 MOTORCYCLIST INTO THE HRV; AND ABOUT THREE HALF OR SO

5 SECONDS LATER THE AT-REST LOCATIONS OF THE VEHICLES WITH

6 THE MOTORCYCLIST UNDERNEATH THE LEFT FRONT.

7 BY MR. PANISH:

8 Q. OKAY. LAST ONE. OKAY. WHAT IS THIS.

9 A. WELL, I INDICATED EARLY ON THAT WE WORK IN A

10 3-D ENVIRONMENT, AND THAT'S WHAT WE DO.

11 SO THIS IS OUR HYBRID 3-D RECONSTRUCTION

12 DIAGRAM SHOWING THOSE VERY SAME POSITION: THE FIRST

13 COLLISION BETWEEN THE PICKUP TRUCK AND THE MOTORCYCLIST,

14 THE SECONDARY COLLISION, AND THE VEHICLES AT REST. ALL

15 PHYSICAL-EVIDENCE BASED.

16 WHAT WE SEE ON THE GROUND HERE [INDICATING] IS

17 GOUGES AND EVIDENCE LEFT BY THE MOTORCYCLE AS DERIVED

18 FROM THE AT-SCENE PHOTOGRAPHS TAKEN BY THE OFFICERS.

19 THE AT-REST LOCATIONS ALSO ARE DERIVED BASED

20 UPON THE PHYSICAL EVIDENCE AND THE SURVEILLANCE VIDEO

21 FOOTAGE.

22 WHAT YOU SEE IN THE BACKGROUND IS ACTUALLY THE

23 3-D SCAN DATA OF THE ENVIRONMENT, WHICH IT IS A PIZZA

24 SHOP; WE HAVE THE OVERHEAD TRAFFIC SIGNAL LIGHT;

25 NUMEROUS PALM TREES; AND SO ON.

26 SO THIS IS, ESSENTIALLY, AN ACCURATE 3-D MODEL

27 OF THE SITE, INCLUDING ALL ROADWAY STRIPING AND OTHER

28 LANDMARKS.

Page 207 1 Q. OKAY.

2 MR. PANISH: MAY I APPROACH THE WITNESS, YOUR

3 HONOR?

4 THE COURT: YOU MAY.


6 BY MR. PANISH:

7 Q. I WANT TO IDENTIFY THIS -- THIS IS A BLOWUP,

8 AND THIS IS --

9 THE WITNESS: MAY I, YOUR HONOR -- ASSIST?

10 THE COURT: YES.

11 MR. PANISH: WHAT NUMBER IS --

12 MR. FOX: I THINK. 67-16. I THINK THAT'S THE

13 NUMBER.

14 MR. DUNBAR: I THINK IT'S 67-16.

15 MR. PANISH: I LOST IT. ANYWAY, I NEED A

16 NUMBER.

17 67-16-A. WE'LL CALL THIS BECAUSE IT IS A

18 BIGGER ONE.

19 MR. FOX: SURE. NO PROBLEM. THANK YOU.

20 (WHEREUPON EXHIBIT 67-16-A WAS MARKED

21 FOR IDENTIFICATION.)

22 MR. PANISH: THANK YOU. I'M GOING TO PUT THAT

23 UP.

24 BY MR. PANISH:

25 Q. AND I'M GOING TO ASK YOU IF -- FIRST OF ALL,

26 I'M SORRY FOR BLOCKING YOU.

27 MR. FOX: IT'S OKAY. I'LL COME AROUND OVER

28 THERE.

Page 208 1 MR. PANISH: ACTUALLY, WE HAVE IT UP HERE, SO

2 YOU CAN SEE.

3 MR. FOX: I CAN'T SEE THE JURY.

4 BY MR. PANISH:

5 Q. SO WHAT IS THIS SHOWING US, MR. CASTAÑEDA?

6 A. WHAT WE ARE SEEING IS A BIRD'S-EYE --

7 THE WITNESS: YOUR HONOR, IS IT OKAY IF I

8 REMAIN HERE?

9 THE COURT: IT IS IF YOU MOVE THE MICROPHONE

10 OVER SO WE CAN HEAR YOU.

11 THE WITNESS: DOESN'T COME OFF.

12 THE COURT: DOESN'T COME OFF.

13 BY MR. PANISH:

14 Q. SPEAK LOUD.

15 A. I'LL TRY.

16 THIS IS THE SAME 3-D DIAGRAM WE HAVE BEEN

17 WORKING OFF OF, BUT NOW WE HAVE RECONSTRUCTED THE

18 POST-COLLISION PATH OF THE CONSOLAZIO PICKUP TRUCK WITH

19 THE MOTORCYCLIST WEDGED UNDER THE LEFT FRONT FROM THEIR

20 RESPECTIVE STOPPED LOCATIONS IN THE INTERSECTION THROUGH

21 THE SOUTH CAL PICKUP TRUCK TURN PROCESS TO HEAD

22 SOUTHBOUND ON HINDRY ALL THE WAY TO ITS AT-REST LOCATION

23 WHERE IT FINALLY CAME TO A STOP AS DEPICTED IN ALL THE

24 POLICE PHOTOGRAPHS.

25 EVERY POSITION IS BASED UPON PHYSICAL EVIDENCE;

26 SPECIFICALLY GOUGE MARKS, TIRE MARKS, BLOOD TRAILS,

27 BODILY FLUID TRAILS, AND DEBRIS WERE EMPLOYED ALONG WITH

28 OUR 3-D SCAN AT THE SITE TO ALIGN SPECIFIC LANDMARKS

Page 209 1 WITH KNOWN LOCATIONS AS WE DOCUMENTED TO FACILITATE THE

2 CORRELATION OF SPECIFIC LOCATIONS ON THE DIAGRAM TO

3 AT-SCENE PHOTOS THAT DOCUMENTED THE EVIDENCE.

4 I PUT IN PHOTOGRAPHS FOR PURPOSES OF

5 ORIENTATION. THESE ARE ALL PHOTOGRAPHS THAT WERE

6 REVIEWED AND EXAMINED AND INCORPORATED INTO THE PROJECT

7 FOR DETERMINING THE LOCATIONS OF THE EVIDENCE.

8 WE ACTUALLY -- THERE'S PROBABLY CLOSE TO -- I

9 WANT TO SAY 375 PHOTOS THAT WERE TAKEN AT THE SCENE, AND

10 I COULD HAVE ESSENTIALLY PUT 20 PHOTOS, BUT I AM TRYING

11 TO LIMIT IT SO THAT THERE'S A BETTER PERSPECTIVE.

12 SO IF WE GO TO THE LOWER-LEFT CORNER --

13 MR. FOX: YOUR HONOR, IT SOUNDS LIKE A

14 NARRATIVE OF RUN ON, YOUR HONOR.

15 THE COURT: IT DOES.

16 BY MR. PANISH:

17 Q. ALL RIGHT. COULD YOU, PLEASE, EXPLAIN THE

18 SIGNIFICANCE OF THE PHOTOS.

19 A. YES. THE PHOTOS ARE SIGNIFICANT BECAUSE THEY

20 DEPICT THE EVIDENCE AND THE LOCATION OF THE ROADWAY

21 WHERE THAT EVIDENCE IS. THAT'S THE MOST IMPORTANT

22 THING, THAT WERE USED IN THE PHOTOGRAMMETRY PROJECT.

23 THEY HELP TO ORIENT ANYONE WHO WANTS TO REVIEW THE

24 INFORMATION.

25 Q. SO TELL US WHY IS THIS EXHIBIT IMPORTANT IN

26 ILLUSTRATING YOUR OPINIONS IN THIS CASE?

27 A. WELL, IT'S IMPORTANT FOR MANY REASONS. ONE

28 TIMING THE PHOTOS VISUALLY TO THE PHYSICAL EVIDENCE.

Page: 55 (207 - 210)


Page 210 1 SO, FOR EXAMPLE, THE LOWER-LEFT PHOTOGRAPHS,

2 WHICH I THINK WOULD BE EXHIBIT 51-7, IS A PHOTOGRAPH

3 TAKEN FROM THE NORTH PORTION OF THE INTERSECTION LOOKING

4 TO THE SOUTH.

5 AND THIS IS ESSENTIALLY DEPICTING THE AREA OF

6 THE ROAD WHERE THE PICKUP TRUCK AND THE MOTORCYCLE CAME

7 TO REST.

8 THAT WOULD CORRELATE WITH THE FIRST POSITION ON

9 THE DIAGRAM.

10 AND WE KNOW THAT IS THE MOTORCYCLIST LOCATION

11 BECAUSE OF THE FACT THAT WE HAVE BLOOD POOLED AT THAT

12 LOCATION. IT TAKES TIME FOR BLOOD TO FLOW AND COLLECT.

13 FOLLOWING THE PATH, WE ARE TRYING TO LOCATE THE

14 NEXT LANDMARKS THAT WE CAN IDENTIFY. SO GOING TO THE

15 NEXT PHOTOGRAPH, WHICH I THINK IS EXHIBIT 51-8, THE

16 PHOTOGRAPHER --

17 THE COURT: AGAIN, THIS IS TURNING INTO A

18 NARRATIVE. WE DO NEED SOME QUESTIONS AND ANSWERS.

19 MR. PANISH: SURE.

20 BY MR. PANISH:

21 Q. THE NEXT PHOTOGRAPH, CAN YOU PLEASE GO THROUGH

22 THE PHOTOGRAPHS, IDENTIFY THE NUMBER, AND TELL US WHY IT

23 IS SIGNIFICANT.

24 A. YES. I WAS ON THE PHOTOGRAPH WITH

25 EXHIBIT 51-8. THE PHOTOGRAPHER HAS NOW MOVED FURTHER

26 SOUTH AND IS DOCUMENTING THE SOUTH EDGE OF THE

27 INTERSECTION. WE HAVE THE LIMIT LINE. WE HAVE THE

28 EVIDENCE OF THE BLOOD TRIAL, GOUGE MARKS.

Page 211 1 THAT IS ALL IMPORTANT BECAUSE IN THOSE MARKS WE

2 ALSO SEE A TIRE MARK THAT IS TELLING US THE LEFT FRONT

3 TIRE OF THE PICKUP TRUCK IS NOT ROTATING. SO KNOWING

4 WHERE THE TIRE IS, KNOWING WHERE THE GOUGES ARE AND HOW

5 THE VEHICLES ARE POSITIONED HELPS DEFINE HOW THE VEHICLE

6 IS MOVING THROUGH THAT PATH.

7 THE NEXT PHOTOGRAPH IN ORDER, 51-9.

8 Q. WHY IS THAT ONE SIGNIFICANT?

9 A. WELL, BECAUSE IT TIES INTO THE PREVIOUS ONE.

10 IN 51-8, WE CAN SEE THE ROADWAY DOWNSTREAM WITH

11 LANDMARKS. SO, FOR EXAMPLE, WE CAN SEE THE WRITING ON

12 THE ROAD, "FWY," FOR FREEWAY.

13 MOVING TO THE NEXT PHOTOGRAPH, THE

14 PHOTOGRAPHERS MOVED SOUTH. AND YOU STILL SEE THE SAME

15 EVIDENCE ON THE ROAD. YOU STILL SEE THE BLOOD TRAIL,

16 THE LOCKED TIRE MARK, THE GOUGES AND THE SCRAPES

17 RELATIVE TO THE LANDMARKS WE ARE IDENTIFYING. THE

18 LETTERING "FREEWAY ONLY." THE STRIPING. THE RAISED

19 MARKERS. AND OTHER LANDMARKS AROUND.

20 MR. PANISH: OKAY. CAN YOU MOVE TO THE NEXT

21 PHOTOGRAPH, PLEASE.


23 THE WITNESS: OKAY. LOOKING DOWNSTREAM ON

24 51-9, WE CAN MAKE OUT OTHER LANDMARKS LIKE THE TIPS OF

25 ARROWS.

26 SO ON 51-12, WHICH IS THE NEXT PHOTOGRAPH,

27 THOSE SAME LANDMARKS ARE PICKED UP. THE TIP OF AN

28 ARROW, SPECIFIC MANHOLES, AND OTHER LANDMARKS, THROUGH

Page 212 1 WHICH THE EVIDENCE CONTINUES. THE SCRAPE MARKS, TIRE

2 MARKS, BODY FLUIDS.

3 AND LOOKING DOWNSTREAM NOW, WE CAN ACTUALLY

4 MAKE THE AT-REST LOCATION OF THE PICKUP TRUCK AND THE

5 MOTORCYCLIST ALONG WITH THE ROADWAY STRIPING THAT SERVES

6 AS LANDMARKS.

7 THE NEXT PHOTOGRAPHS THAT WE EMPLOY IS 25-70 AT

8 THE LOWER RIGHT CORNER. ESSENTIALLY, WE HAVE THE

9 AT-REST LOCATION OF THE PICKUP TRUCK.

10 BY THIS POINT, THERE'S A JACK THAT IS LIFTED

11 THE FRONT OF THE PICKUP TRUCK TO EXTRICATE MR. LO, BUT

12 WE CAN MAKE OUT THE LANDMARKS.

13 THE BASE OF THE ARROW, FACES OF OTHER ARROWS,

14 WHICH WE HAVE IN THE DIAGRAM, WHICH IS TO SCALE FROM THE

15 SCAN DATA. OKAY.

16 ASSOCIATED WITH THAT PHOTOGRAPH, SHOWING THE

17 AT-REST LOCATION IS THE PHOTOGRAPH, WHICH IS

18 EXHIBIT 25-54. DIFFERENT PERSPECTIVE, BUT IT SHOWS THE

19 ARROWS, WHICH, AGAIN, ARE SHOWN IN THE DIAGRAM TO SCALE

20 AND OTHER LANDMARKS.

21 OBVIOUSLY, THE FRONT --

22 THE REPORTER: THERE IS A WHAT? "OBVIOUSLY,

23 THE"...

24 BY MR. PANISH:

25 Q. OBVIOUSLY -- YOUR ANSWER WAS, "OBVIOUSLY"...

26 A. AND OTHER LANDMARKS -- OBVIOUSLY, THE FRONT HAS

27 BEEN PICKED UP TO ALLOW FOR THE EXTRICATION. I MEANT

28 THE FRONT END OF THE PICKUP TRUCK HAS BEEN RAISED WITH

Page 213 1 THE JACK.

2 Q. ANYTHING ELSE?

3 A. WELL, I THINK THE LAST ONE THAT -- THE LAST

4 PHOTO IS 25-36, WHICH IS TAKEN FROM NORTH OF THE PICKUP

5 TRUCK LOOKING SOUTH.

6 BUT YOU CAN SEE THE CONTINUATION OF ALL THE

7 EVIDENCE THAT WE HAVE BEEN ALLUDING TO: THE TIRE MARKS,

8 SCRAPE MARKS FROM THE BACK PORTION OF THE MOTORCYCLE,

9 GOUGES AND SCRAPES FROM THE FRONT PORTION WHERE THE FOOT

10 PEG IS, HANDLEBAR, FORK WOULD BE ALONG WITH THE FLUID

11 TRAIL.

12 SO THE IMPORTANCE IS TYING IN THE PHOTOGRAPHS

13 WITH THE PHYSICAL EVIDENCE TO KNOWN LANDMARKS ON A

14 SCALED DIAGRAM TO DERIVE THE PATH OF TRAVEL.

15 Q. OKAY. WE'RE GOING TO TRY TO MOVE THIS, BUT

16 T-PLUS. AND YOU HAVE VARIOUS THINGS WRITTEN. COULD YOU

17 EXPLAIN THAT AND WHAT -- HOW WE UNDERSTAND THAT AND WHY

18 IT IS SIGNIFICANT.

19 A. THIS AGAIN IS WHERE THE VIDEO TIES BACK IN. WE

20 KNOW FROM THE VIDEO THE TIME DURATIONS THAT ELAPSED FROM

21 THE ONSET OF MOVEMENT AFTER HAVING BEEN STOPPED TO THE

22 NEXT POSITION WHERE WE HAVE LANDMARKS.

23 AND IF YOU GO THROUGH THE EXERCISE, YOU FIND

24 THAT IN THAT FIRST SEGMENT THERE WAS 3.73 SECONDS THAT

25 ELAPSED.

26 WELL, KNOWING THE POSITIONS IN THE VIDEO,

27 TRANSLATING THOSE TO A 3-D ENVIRONMENT THROUGH CAMERA

28 MATCHING AND PHOTOGRAMMETRY, WE CAN POSITION THE -- WE

Page: 56 (211 - 214)


Page 214 1 CAN ACTUALLY MEASURE THE DISTANCE. AND IF WE MEASURE

2 DISTANCES AND KNOW TIME, WE CAN CALCULATE SPEEDS.

3 Q. SO WE KNOW T-PLUS IS THE NUMBER OF SECONDS THAT

4 ELAPSED TO GET TO EACH LOCATION?


6 Q. AND TOTAL TIME FOR THE TIME THAT MR. LO WAS

7 DRAGGED IS THAT 32 SECONDS?

8 A. IT'S 32 SECONDS.

9 AND, AGAIN, COUNSEL, REMEMBER WHAT I INDICATED,

10 THE LAST POSITION YOU CAN TELL FOR THE PICKUP TRUCK,

11 BASED ON THAT THE VIDEO, IS NINE SECONDS AFTER, SO

12 THAT'S AFTER THE FIRST 100 FEET.

13 THE NEXT 400 -- I'M SORRY.

14 THE NEXT 340 FEET WE DON'T REALLY KNOW. FOR

15 ALL INTENTS AND PURPOSES, I KEPT A TEN MILE-AN-HOUR

16 CONSISTENT.

17 Q. OKAY. YOU PUT THAT DOWN. SO IT DOESN'T BLOCK

18 ANYONE.

19 AND I WANT TO GO BACK TO 67-1.

20 MR. PANISH: IF WE COULD PUT THAT UP.


22 BY MR. PANISH:

23 Q. AND THIS BOSCH -- WHAT DID YOU CALL IT? "EDR"?

24 A. CDR.

25 Q. IT'S LATE. CDR.

26 DOES THAT TELL YOU WHETHER OR NOT

27 MR. CONSOLAZIO EVER BRAKED?

28 A. IT DOES. AS IT PERTAINS TO THE FIRST -- I'M

Page 215 1 SORRY, TO THE FIRST SERIES OF COLLISIONS, YES.

2 Q. IS THERE ANY EVIDENCE IN THAT CDR OF ANY

3 BRAKING BY MR. CONSOLAZIO BEFORE HE IMPACTS MR. LO?

4 MR. FOX: OBJECTION, YOUR HONOR. HEARSAY.


6 THE WITNESS: YES. IF WE CAN ACTUALLY ZOOM IN

7 ON THE TABLE.


9 THE WITNESS: THE DATA BEING REPORTED BACK

10 TELLS US WHAT IS HAPPENING WITH THE VEHICLE AT SPECIFIC

11 TIMES. IT TELLS US WHETHER OR NOT THE ACCELERATOR PEDAL

12 IS BEING APPLIED OR IF THE SERVICE BRAKE PEDAL IS ON AND

13 OFF.

14 AND WHAT THE SYSTEM IS TRYING TO DETECT IS

15 WHETHER OR NOT THE BRAKE LIGHT IS ON.

16 SO EVEN IF YOU TAP YOUR BRAKE, THE LIGHT COMES

17 ON AND TELLS YOU THAT THE BRAKE SWITCH IS ON. WHEN IT'S

18 OFF, IT TELLS YOU THAT THERE IS NO BRAKING.

19 BUT GIVEN THAT DATA ALONE, YOU DON'T TAKE IT IN

20 A VACUUM AND RUN. YOU TIE IT INTO EVERYTHING ELSE. SO,

21 FOR EXAMPLE, IF WE KNOW THE ROADWAY GEOMETRY, IF WE KNOW

22 THAT THE ENGINE RPM'S ARE REMAINING SOMEWHAT CONSTANT

23 AND THAT THE SPEED IS DROPPING AT THIS RATE, THAT

24 DECELERATION RATE COMPORTS VERY WELL WITH JUST ENGINE

25 AND DRIVETRAIN REDUCTION AND SPEED.

26 SORT OF LIKE WHAT WE WOULD EXPERIENCE IF WE ARE

27 DRIVING AND WE LET OFF THE GAS. THE VEHICLE WILL START

28 SLOWING DOWN AT A RATE VERY SIMILAR.

Page 216 1 SO ALL OF THAT TOGETHER TELLS US THAT THERE'S

2 NO BRAKE APPLICATION OBVIOUSLY HIGHLIGHTED IN THE CDR

3 DATA.

4 MR. PANISH: WHAT IS THE ANIMATION NUMBER?

5 I'D LIKE TO IDENTIFY EXHIBIT 16, YOUR HONOR.

6 THAT'S THE ANIMATION.

7 BY MR. PANISH:

8 Q. DID YOU CREATE TO ILLUSTRATE --

9 THE COURT: IT MAY BE SO IDENTIFIED FOR

10 IDENTIFICATION PURPOSES ONLY.


12 IDENTIFICATION.)

13 MR. PANISH: OKAY. THANK YOU, YOUR HONOR.

14 BY MR. PANISH:

15 Q. ALL THE WORK YOU DID, ALL THE DATA YOU

16 REVIEWED, DID YOU PREPARE AN ANIMATION TO ILLUSTRATE

17 WHAT, IN YOUR OPINION, BASED ON THE PHYSICAL EVIDENCE

18 OCCURRED?

19 A. YES.

20 MR. PANISH: OKAY. I'D LIKE TO SHOW THAT, YOUR

21 HONOR, EXHIBIT 16.


23 MR. FOX: THERE'S NO OBJECTION TO SHOWING IT,

24 YOUR HONOR.


26 MR. FOX: YOU ARE WELCOME.

27 THE COURT: IT MAY BE SHOWN.

28 (ANIMATION SHOWN.)


2 Q. OKAY. SO JUST COULD YOU JUST TELL US WHAT WE

3 ARE SEEING HERE.

4 A. YES. WHAT WE ARE SEEING IS A RECONSTRUCTION OF

5 THE EVENTS IN AN ACTUAL SORT OF VIDEO WHERE WE CAN

6 EXPLAIN THE PHYSICS POINT TO POINT NOW.

7 WE ARE, ESSENTIALLY, USING ALL THE

8 PHYSICS-BASED ANALYSIS RELATING TO THE COLLISIONS AND

9 THE POST-COLLISION MOVEMENTS TO ILLUSTRATE HOW THE EVENT

10 ENSUES AND WHAT OCCURS AFTER THE VEHICLES COME TO REST.

11 Q. OKAY. WHAT IS THAT STEERING --

12 MR. PANISH: CAN WE STOP THAT, MIKE?

13 COURTROOM VIDEO TECHNICIAN: SURE.

14 BY MR. PANISH:

15 Q. THE STEER ANGLE, EXPLAIN THAT. PLEASE.

16 A. WELL, AS I MENTIONED PREVIOUSLY, THE PHYSICAL

17 EVIDENCE IN ITS TOTALITY INDICATES THAT THE CONSOLAZIO

18 PICKUP TRUCK WENT FROM -- AN ESSENTIALLY WESTERLY

19 ORIENTATION, OR HEADING ANGLE, WITHIN A HUNDRED FEET TO

20 TURNING TO IN A FULL SOUTHBOUND DIRECTION, AND

21 ACCELERATED TO ABOUT NINE OR TEN MILES AN HOUR.

22 YOU DON'T GET THAT WITH A STRAIGHT WHEEL. AND

23 CERTAINLY THE EVIDENCE SHOWS THAT THE WHEEL CAN'T

24 ROTATE. WHAT HAS TO OCCUR IS THAT THE DRIVER HAS TO

25 APPLY INPUTS --

26 THIS GOES BACK TO THE SIMULATION ANALYSIS THAT

27 WE PERFORM, WHERE WE MODELED THE 3-D ENVIRONMENT AND

28 MODELED THE VEHICLE, PUT IN THE PROPER PARAMETERS TO

Page: 57 (215 - 218)


Page 218 1 STUDY WHAT IS REQUIRED OF A DRIVER TO GET THE VEHICLE TO

2 MOVE BEYOND THE RESISTANCE IT IS FEELING, AND STILL HAVE

3 THE DRIVER INTRODUCE STEER TO MOVE IT.

4 SO WHAT WE SEE IN THE STEERING ANGLE, AS WE CAN

5 EMPLOY OR IF ANYONE WHO HAS DRIVEN KNOWS, STEERING IS A

6 DYNAMIC EVENT.

7 YOU ACTUALLY INPUT STEER RELATIVE TO TIME. WE

8 ARE, ESSENTIALLY, DEPICTING, WITH THE STEERING WHEEL,

9 HOW MUCH STEERING IS REQUIRED IN CONJUNCTION WITH THE

10 VEHICLE POSITIONS TO GET THE VEHICLE TO FOLLOW ON THAT

11 PATH.

12 SO IN NORMAL STEERING, WE REFERENCE ZERO AS THE

13 TOP, WHICH WOULD BE, ESSENTIALLY, STATIC AND A FULL

14 REVOLUTION IS 360 DEGREES. SO 12:00 O'CLOCK OR ZERO IS

15 UP. 285 DEGREES WOULD BE 90, 180, 270 AND THEN A LITTLE

16 MORE.

17 SO YOU ALMOST HAVE JUST BEYOND THREE QUARTERS

18 OF A TURN TO GET THE VEHICLE TO TRACK AND FOLLOW THAT

19 PATH.

20 Q. OKAY. CONTINUE, PLEASE.

21 AND YOU ARE SHOWING THIS STEERING WHEEL GOING

22 BACK?

23 A. CORRECT. BECAUSE THOSE ARE THE -- THE

24 CORRECTIVE STEER INPUTS THAT ARE REQUIRED TO KEEP THE

25 VEHICLE TO TRACK OVER THE EVIDENCE, DOWNSTREAM, TO BE

26 ABLE TO GET -- GET THE VEHICLE AND MR. LO TO COME TO

27 REST, WHERE THEY CAME TO REST AS DEPICTED IN THE PHOTOS.

28 Q. OKAY. IS THERE ANY QUESTION IN YOUR MIND THAT

Page 219 1 THERE HAD TO BE INPUT IN THE STEERING WHEEL FOR THOSE

2 MANEUVERS TO BE MADE?

3 A. THERE'S NO QUESTION.

4 Q. OKAY. WHAT WAS THE --

5 MR. PANISH: MAYBE WE COULD TAKE THAT DOWN

6 MIKE.


8 MR. FOX: THANKS.

9 BY MR. PANISH:

10 Q. WHAT WAS THE SPEED AT THE IMPACT BETWEEN

11 MR. LO'S MOTORCYCLE AND THE HONDA THAT WAS IN FRONT OF

12 HIM?

13 A. THE SPEED OF BOTH, THE PICKUP TRUCK AND THE

14 MOTORCYCLIST, AS THEY ARE IMPACTING THE REAR OF THE

15 HONDA WAS DETERMINED TO BE WITHIN THE RANGE OF 23 TO

16 24 MILES PER HOUR.

17 Q. SO HOW MUCH OF A DISTANCE DID MR. LO HAVE, HIS

18 MOTORCYCLE, HAVE TO TRAVEL TO GET TO THAT SPEED?

19 A. WELL, IF YOU REMEMBER MY EARLIER TESTIMONY,

20 MR. LO HAD COME TO A STOP 14 FEET BEHIND THE STOPPED

21 HONDA, SO HE HAD TO BE PUSHED FORWARD, 14 FEET IN THAT

22 HALF A SECOND TO IMPACT THE REAR OF THE PARKED -- OR,

23 STOPPED HONDA.

24 Q. OKAY. DID THE FRONT OF MR. CONSOLAZIO'S TRUCK

25 DIRECTLY IMPACT THE REAR OF THE HONDA? OR WAS IT

26 OFFSET? OR HOW WOULD YOU DESCRIBE THE IMPACT?

27 A. SO --

28 MR. FOX: OBJECTION, YOUR HONOR. IT'S LEADING.

Page 220 1 THE COURT: SUSTAINED.

2 BY MR. PANISH:

3 Q. WAS IT DIRECT? RIGHT IN THE REAR? WAS IT

4 OFFSET? WAS IT OFFSET TO THE RIGHT? OFFSET TO THE

5 LEFT?

6 DESCRIBE THE ORIENTATION OF THE VEHICLES AT

7 IMPACT.

8 A. IT WAS A -- WHAT WE TERM AS AN ALMOST COMPLETE

9 OR FULL OVERLAP COLLISION. THE ONLY THING TO

10 DISTINGUISH IS THAT AT THE LEFT, REAR CORNER OF THE

11 HONDA, THAT IS WHAT IS BEING IMPACTED BY THE MOTORCYCLE

12 AND MOTORCYCLIST.

13 THE BACK PART OF THE MOTORCYCLE WILL ALSO

14 REMAIN BETWEEN THE VEHICLES, HOWEVER, THE RIGHT PORTION

15 OF THE PICKUP TRUCK WILL STILL ENGAGE THE BACK OF THE

16 HONDA AS EVIDENCED BY THE DAMAGES TO BOTH VEHICLES.

17 I SAID IT'S ALMOST A FULL -- FULL OVERLAP.

18 THERE IS A SLIGHT MOVE -- DISPLACEMENT TO INDUCE THE

19 SUBSEQUENT ROTATION OF THE HONDA AND DISPLACEMENT TO ITS

20 RIGHT TO CLEAR THE PATH OF THE PICKUP TRUCK.

21 Q. ALL RIGHT. WHAT HAPPENS TO THE HONDA WHEN IT'S

22 STRUCK?

23 A. WELL, THE HONDA GETS DISPLACED FORWARD AND TO

24 THE RIGHT, AND IT LOOKS LIKE, BASED ON THE VIDEO, THAT

25 THE DRIVER INITIATES A QUICK MOVEMENT TO HER LEFT AND

26 BRINGS THE CAR TO A STOP.

27 AND -- BUT THEY MOVE ENOUGH TO THE RIGHT TO

28 CLEAR THE PATH FOR THE PICKUP TRUCK TO CONTINUE INTO THE

Page 221 1 INTERSECTION.

2 Q. ALL RIGHT. NOW, I DON'T THINK YOU TOLD US

3 THIS. IF YOU DID, TELL ME.

4 ONCE MR. LO -- DOES HE IMPACT THE HONDA?

5 A. HIS PERSON DOES. AND I BELIEVE -- I WILL DEFER

6 TO SOME OF THE ISSUES TO MR. BRAULT, BUT IT APPEARS THAT

7 HIS LOWER EXTREMITIES DO IMPACT THE HONDA AS A RESULT OF

8 BEING PUSHED BY THE PICKUP TRUCK.

9 Q. OKAY. HE'LL COVER THAT, THEN.

10 THEN DID I ASK YOU HOW LONG WAS HE STOPPED

11 AFTER THE FIRST IMPACT, MR. CONSOLAZIO?

12 A. YOU MEAN AFTER EVERYTHING CAME TO REST WITHIN

13 THE INTERSECTION?

14 Q. WELL, AFTER HE STRUCK LO AND THEN THE HONDA,

15 THERE'S A PERIOD OF TIME IN WHICH THE TRUCK JUST STAYS

16 THERE BEFORE EXECUTING THE LEFT TURN. HOW LONG WAS

17 THAT?

18 A. WE I -- BASED ON OUR WORK, WE DETERMINED THAT

19 IT WAS STOPPED FOR ABOUT 23.7 SECONDS BEFORE RESUMING

20 ITS TRAVEL.

21 Q. NOW, DO YOU KNOW ABOUT WHAT TIME THE COLLISION

22 OCCURRED?

23 A. I SEEM TO RECALL IT WAS ABOUT 6:42 IN THE

24 MORNING. ROUGHLY.

25 Q. AND JUST THE REASON I ASK THAT IS BECAUSE WHEN

26 YOU LOOK AT THE VIDEOS, THEY HAVE DIFFERENT TIMES; IS

27 THAT RIGHT?

28 A. YES.

Page: 58 (219 - 222)


Page 222 1 Q. WHY -- HOW DO YOU EXPLAIN THAT?

2 A. IT'S SOMETHING THAT WE SEE WITH FREQUENCY. NOT

3 ALL THE TIME, STAMPS ARE CORRECT AND ACCURATE.

4 IT'S, LIKE, SETTING UP YOUR -- THE CLOCK ON

5 YOUR MICROWAVE AND THEN THE TIME IT TAKES YOU TO GO SET

6 YOUR CLOCK IN THE OVEN, YOU MIGHT GET A 30-SECOND OR A

7 MINUTE SPLIT. I THINK THAT IS THE SAME LOGIC HERE.

8 AND BECAUSE WE HAVE THE SURVEILLANCE VIDEO,

9 WHICH IS A COMPLETELY SEPARATE AND DIFFERENT SYSTEM,

10 THAN THE TRAFFIC SIGNAL SYSTEM, IT DOESN'T MESH WELL

11 WITH IT EITHER. BUT CERTAINLY, THAT'S WHY IT IS

12 IMPORTANT TO LOOK AT A FRAME-BY-FRAME ANALYSIS.

13 Q. OKAY.

14 A. BECAUSE AT THE END OF THE DAY, THE TIME STAMPS

15 HELPS, BUT THE FRAME-BY-FRAME IS REALLY VERY HELPFUL.

16 Q. WE TALKED ABOUT STEERING INPUT. I WANT TO TALK

17 ABOUT THE ACCELERATOR.

18 HAVE YOU REVIEWED THE DATA TO DETERMINATE --

19 DETERMINING HOW MUCH INPUT NEEDS TO BE PLACED ON THE

20 ACCELERATOR FOR THE VEHICLE TO MOVE IN THE SPEED AND

21 DIRECTION THAT MR. CONSOLAZIO TRAVELLED AFTER THE FIRST

22 AND SECOND IMPACT?

23 A. YES. ACTUALLY, THAT -- THAT WAS PERFORMED

24 THROUGH A SIMULATION ANALYSIS.

25 AND A SIMULATION IS ACTUALLY A PHYSICS-BASED

26 ANALYSIS WHERE YOU MODEL A VEHICLE, MODEL THE PARAMETERS

27 FROM THE STEER RATIO: THE WEIGHT; THE MASS; YOU TRY TO

28 MODEL THE ENGINE, HORSE POWER; AND YOU DO IT WITHIN AN

Page 223 1 ENVIRONMENT THAT YOU MODEL TO RESPOND TO, LIKE, THE

2 NORMAL ROADWAY DOES.

3 KNOWING FROM THE PHYSICAL EVIDENCE THAT THE

4 LEFT FRONT TIRE IS NOT GOING TO BE ROTATING FREELY, WE

5 MADE A MODEL TO ACCOUNT FOR, ESSENTIALLY, A BRAKE AT THE

6 LEFT FRONT OF THE VEHICLE. THAT'S THE ONLY WAY THAT THE

7 SYSTEM ALLOWS THAT TYPE OF MODEL.

8 IN DOING SO, TO TRY TO GET THIS VEHICLE TO

9 START MOVEMENT, IT'S AN ITERATIVE PROCESS. WE START

10 APPLYING 20 PERCENT THROTTLE AND THE VEHICLE WON'T MOVE.

11 WE START DOING 40 PERCENT THROTTLE; IT DOESN'T MOVE.

12 WHEN I WOULD TRY A HUNDRED, OKAY, IT MOVES. SO IT'S

13 SOMEWHERE IN THAT RANGE.

14 WHAT WE FOUND IS THAT WHEN YOU APPLY ABOUT

15 70 -- LET'S SEE, THE ACTUAL VALUE WE ARE GOING WITH IS

16 70 PERCENT THROTTLE APPLICATION TO GET THE VEHICLE TO

17 MOVE.

18 AND NOT ONLY TO MOVE, BUT TO GET IT TO MATCH

19 THE POSITIONS THAT WE DETERMINE FROM THE VIDEO ANALYSIS.

20 Q. WHAT DOES THAT MEAN? "70 PERCENT"?

21 A. WELL, IF PEDAL TO THE METAL WOULD BE HUNDRED,

22 70 PERCENT WOULD BE 30 PERCENT SHY OF THAT.

23 Q. OKAY. AND IS THAT -- DOES IT REQUIRE SOMEBODY

24 TO VOLITIONALLY PUT DOWN THE ACCELERATOR?

25 A. OH, YES. YES. YOU HAVE TO APPLY THROTTLE OR

26 BEING -- PUSH THE PEDAL DOWN AND WHAT WE HAVE TO THINK

27 ABOUT -- BECAUSE WE ARE CALCULATING THE PERCENT

28 THROTTLE, AND IT IS DIRECTLY LINKED THROUGH THE

Page 224 1 ACCELERATOR PEDAL POSITION. SO THAT'S HOW WE KNOW HOW

2 MUCH HAS TO BE RELATED.

3 Q. AND IS THAT A LOT? 70 PERCENT.

4 MR. FOX: OBJECTION, YOUR HONOR. THIS IS

5 VAGUE.

6 MR. PANISH: OKAY. LET ME REPHRASE.


8 BY MR. PANISH:

9 Q. IS THAT A LOT OF ACCELERATION TO BEGIN A

10 LEFT-HAND TURN LIKE THAT?

11 MR. FOX: OBJECTION, YOUR HONOR. IT'S VAGUE.


13 BY MR. PANISH:

14 Q. OKAY. WHAT SIGNIFICANCE DID YOU FIND IN THE

15 70 PERCENT THROTTLE INPUT BY MR. CONSOLAZIO?

16 A. OKAY. LET'S -- LET'S PUT IT THIS WAY.

17 GIVEN WHAT WE KNOW OF THE COLLISION, BASED ON

18 THE EVIDENCE, BASED ON ALL THAT WORK, WE KNOW IT TOOK

19 ABOUT 57 FEET FOR THE PICKUP TRUCK TO ACCELERATE FROM A

20 STOP TO ABOUT NINE MILES AN HOUR. OKAY? THAT'S BECAUSE

21 OF THE RESISTANCE AT THE LEFT FRONT.

22 TO CHECK OUR NUMBERS, WE LOOK AT WHAT HAPPENS

23 IF HE APPLIES THE SAME THROTTLE APPLICATION, BUT THERE'S

24 NO RESISTANCE; MEANING, THE TIRE IS FREE TO ROLE.

25 WELL, IF YOU APPLY THAT SAME THROTTLE

26 APPLICATION, 70 PERCENT, THE PICKUP TRUCK CAN ACCELERATE

27 TO NINE MILES AN HOUR IN TEN FEET, AS OPPOSED TO

28 56 FEET, SO THAT'S THE SIGNIFICANCE.

Page 225 1 Q. OKAY. AND DOES IT CHANGE THE THROTTLE INPUT AT

2 ANY POINT DURING THAT TIME THAT MR. LO IS BEING DRAGGED?

3 A. YES. AGAIN, YOU MUST KEEP IN MIND THAT ALL OF

4 OUR WORK IS DICTATED BY THE PHYSICAL EVIDENCE. IN THIS

5 CASE, THE PICKUP TRUCK POSITIONS ON THE PATH IS WHAT

6 DICTATES THE ANALYSIS.

7 IN THE SIMULATION, WE ARE TRYING TO MATCH ALL

8 THOSE POSITIONS AND ADJUSTING THE THROTTLE TO BE ABLE TO

9 MATCH THE VEHICLE POSITIONS THROUGHOUT THE TURN, WHERE

10 WE CAN SEE IT IN THE VIDEO.

11 SO THE VEHICLE, AFTER GOING TO 70 PERCENT

12 THROTTLE AT TWO-TENTHS OF A SECOND, IS REDUCED AT

13 3.1 SECONDS TO 46 PERCENT. SO AS I MENTIONED JUST UNDER

14 50 PERCENT.

15 Q. OKAY. AND HOW WAS MR. LO POSITIONED UNDER THE

16 VEHICLE?

17 A. WELL --

18 MR. FOX: OBJECTION, YOUR HONOR. THAT LACKS

19 FOUNDATION. CALLS FOR SPECULATION.

20 MR. PANISH: OH. BASED --


22 BY MR. PANISH:

23 Q. BASED ON THE PHYSICAL EVIDENCE AND WHAT YOU

24 REVIEWED IN THE VIDEOTAPES, WAS MR. LO ON HIS

25 MOTORCYCLE? ON HIS SIDE? HOW WAS HE POSITIONED WHEN HE

26 WAS BEING DRAGGED?

27 MR. FOX: SAME OBJECTION. AND BEST EVIDENCE.


Page: 59 (223 - 226)


Page 226 1 THE WITNESS: WELL, WE KNOW BASED ON THE

2 EVIDENCE THAT MR. LO WAS STILL -- IN A STRADDLED

3 POSITION OVER THE MOTORCYCLE BUT THE MOTORCYCLE WAS ON

4 ITS RIGHT SIDE, SO THEREFORE, HIS LEG WAS UNDER THE

5 MOTORCYCLE AND THE FRONT OF THE PICKUP TRUCK WAS

6 APPLYING A DOWN-FORCE ON THE MOTORCYCLE ITSELF.

7 THE INTERACTION BETWEEN THOSE TWO VEHICLES,

8 MEANING THE MOTORCYCLE AND THE PICKUP TRUCK, IS WHAT

9 PRECLUDED THAT LEFT FRONT TIRE ON THE PICKUP TRUCK TO

10 ROTATE FREELY.

11 BY MR. PANISH:

12 Q. IS THAT THE KIND OF, LIKE, THE CHOCK YOU TALKED

13 TO US ABOUT?

14 A. THAT'S PRECISELY WHAT I WAS TRYING TO

15 COMMUNICATE.

16 Q. I GOT THAT.

17 A. THANK YOU.

18 Q. ALL RIGHT. LET ME TRY TO FINISH UP HERE.

19 WHAT AM I MISSING? LET ME THINK.

20 HAVE I COVERED, ESSENTIALLY, ALL -- ALL OF YOUR

21 OPINIONS IN THIS CASE?

22 A. I THINK SO.

23 Q. AM I FORGETTING SOMETHING?

24 A. I'M JUST WORRIED I AM FORGETTING SOMETHING.

25 Q. I FORGET -- I AM MORE WORRIED I AM.

26 A. BUT I THINK WE HAVE COVERED PRETTY MUCH

27 EVERYTHING.

28 Q. OKAY. WELL THEN, I'M GOING TO LET COUNSEL

Page 227 1 QUESTION, THEN, AND I'M GOING TO STOP RIGHT NOW.

2 THANK YOU VERY MUCH?

3 THE COURT: MR. FOX...


5

6 CROSS-EXAMINATION

7 BY MR. FOX:

8 Q. MR. CASTEÑADA, HOW YOU DOING?

9 A. I'M WELL, MR. FOX.

10 HOW ARE YOU.

11 Q. I'M WELL. GOOD TO SEE YOU AGAIN.

12 A. GOOD TO SEE YOU AS WELL.

13 Q. THANKS.

14 I DON'T TO HAVE A LOT FOR YOU MR. CASTEÑADA.

15 JUST A COUPLE OF THINGS.

16 IF I HEARD YOU RIGHT - HOLD ON A SECOND.

17 YOU HAVE BEEN CONSULTING WITH LAWYERS IN

18 RECONSTRUCTING ACCIDENTS FOR ABOUT 24 YEARS?


20 Q. ALL RIGHT. AND YOU HAVE TESTIFIED IN COURT AS

21 AN EXPERT WITNESS ON PRIOR OCCASIONS, CORRECT?

22 A. YES.

23 Q. IN OTHER COUNTIES AROUND THE STATE?


25 Q. IS IT CORRECT, HOWEVER, THAT THE FIRST TIME YOU

26 HAVE COME INTO A COURT AND TESTIFIED AS AN EXPERT

27 WITNESS, IN YOUR ENTIRE 24 YEARS IN THE COUNTY OF LOS

28 ANGELES, IS TODAY?

Page 228 1 A. THAT IS INCORRECT.


3 A. ONE TIME.

4 Q. ALL RIGHT. SO TODAY WOULD BE NUMBER TWO OUT OF

5 24 YEARS YOU HAVE TESTIFIED AS AN EXPERT ANYWHERE IN THE

6 COUNTY OF LOS ANGELES?


8 Q. ALL RIGHT. NOW, WE -- WE TOOK YOUR DEPOSITION,

9 YOU TOLD US WHAT WORK YOU HAD DONE, AND WHEN YOU DID IT,

10 RIGHT?

11 A. YES.

12 Q. AND WHEN YOU WERE HIRED BY PLAINTIFF'S COUNSEL

13 FOR THIS CASE, THEY LET YOU KNOW THAT LIABILITY FOR THIS

14 ACCIDENT WAS NOT BEING DISPUTED BY THE DEFENDANTS, TRUE?

15 A. I'M NOT SURE IF THEY COMMUNICATED THAT TO ME

16 WHEN I GOT THE ASSIGNMENT. I KNOW SOMEWHERE ALONG THE

17 LINES IT WAS COMMUNICATED TO ME.

18 Q. ALL RIGHT. SO AT SOME POINT WHILE YOU ARE

19 DOING ALL YOUR WORK IN THIS CASE, WHETHER IT WAS WHEN

20 YOU GOT HIRED OR DURING THE COURSE OF YOUR WORK, THESE

21 LAWYERS FOR THE PLAINTIFFS LET YOU KNOW THAT MY CLIENT

22 AND MR. CONSOLAZIO, WAS -- THEY WERE NOT DISPUTING

23 RESPONSIBILITY FOR THE ACCIDENT, TRUE?

24 A. I GUESS NOT IN THOSE TERMS, BUT YES, THAT WAS

25 COMMUNICATED TO ME.

26 Q. AND WHO WAS YOUR PRIMARY SOURCE OF INFORMATION

27 FROM PLAINTIFFS' COUNSEL'S OFFICE? WHO WAS IT?

28 A. I BELIEVE MOST OF MY COMMUNICATIONS WERE WITH

Page 229 1 MR. DUNBAR OR HIS ASSISTANT.

2 Q. OKAY. AND I APPRECIATE THAT.

3 NOW, WHEN YOU WERE HIRED OR AT SOME POINT

4 BEFORE COMING IN HERE, MR. DUNBAR OR SOMEONE FROM

5 PLAINTIFFS' COUNSEL LET YOU KNOW THAT ALL OF THE

6 PARTIES, EVERYONE HAD A COPY OF THE POLICE REPORT,

7 RIGHT?

8 A. I BELIEVE. I MEAN, I KNOW I WAS PROVIDED WITH

9 ONE.

10 Q. RIGHT.

11 AND IN THAT POLICE REPORT, YOU READ WHERE IT

12 WAS INDICATED BY THE POLICE THEY HAD ALREADY MEASURED

13 THE TOTAL DISTANCE TRAVELLED BY THE CONSOLAZIO-DRIVEN

14 PICKUP TRUCK, CORRECT?

15 A. THEY DID GIVE A MEASUREMENT WHICH -- AND I

16 THINK IT WAS MORE DIRECTED AT THE AREA OF EVIDENCE.

17 Q. SO MY QUESTION WAS SIMPLY THIS, MR. CASTAÑEDA:

18 YOU HAD READ IN THAT POLICE REPORT WHERE THE

19 POLICE INVESTIGATION SAID THE TOTAL DISTANCE TRAVELLED

20 OF THE VEHICLE, RIGHT?

21 A. I THINK I MAY HAVE READ THAT. I KNOW THERE'S

22 SOME INDICATION WITH DISTANCE, AND I AM SORRY I DON'T

23 HAVE THE REPORT COMMITTED TO MEMORY.

24 Q. I'M NOT ASK -- LET ME ASK YOU. DOES THIS SOUND

25 RIGHT?

26 THE POLICE IN THEIR INVESTIGATION LOOKED AT THE

27 PHYSICAL EVIDENCE, GOUGE MARKS, THINGS LIKE THAT, AND

28 SAID THE TOTAL DISTANCE TRAVELLED WAS 432 FEET. SOUND

Page: 60 (227 - 230)


Page 230 1 ABOUT RIGHT?

2 A. I DO RECALL THE 432 FEET. AS FAR AS WHAT IT IS

3 ASSOCIATED TO, I COULDN'T TELL YOU.

4 Q. AND YOU HAD THAT INFORMATION BEFORE YOU STARTED

5 DOING ALL YOUR RECONSTRUCTION THAT YOU HAVE SHOWN THE

6 JURY, CORRECT?

7 A. I HAD THE POLICE REPORT, BUT LIKE EVERY OTHER

8 ASSIGNMENT, I ALWAYS DO MY OWN WORK TO CONFIRM THE

9 ACCURACY OF MEASUREMENTS.

10 Q. BEFORE YOU DID ALL THIS WORK AFTER BEING HIRED

11 BY PLAINTIFFS' COUNSEL, YOU WERE AWARE THAT ALL THE

12 PARTIES HAD THE SURVEILLANCE OR SECURITY VIDEOS SHOWING

13 THE ACCIDENT, RIGHT?

14 A. I CAN'T SAY WHAT YOUR EXPERTS HAD. I CAN TELL

15 YOU THAT I HAD THE SURVEILLANCE VIDEO.

16 Q. RIGHT.

17 AND YOU UNDERSTAND WHETHER OUR EXPERTS OR WE,

18 AS LAWYERS FOR THE DEFENDANTS, YOU UNDERSTOOD WE HAD

19 THOSE VIDEOS, RIGHT?

20 A. IT WOULDN'T SURPRISE ME. I WOULD EXPECT THAT

21 TO BE THE CASE.

22 Q. AND YOU UNDERSTAND THAT WE HAD THE ECM DATA,

23 CORRECT?

24 A. THE ACM DATA? YES.

25 Q. YES.

26 WE ALSO HAD TAKEN DEPOSITIONS OF POLICE

27 OFFICERS IN THE CASE, CORRECT?

28 A. I COULDN'T TELL YOU. I THINK YOU PROBABLY DID.

Page 231 1 Q. OKAY. AND YOU COULDN'T TELL US BECAUSE YOU

2 WERE NOT GIVEN THE DEPOSITION -- THE DEPOSITIONS OF ANY

3 OF THE HAWTHORNE P.D. OFFICERS, CORRECT?

4 A. CORRECT.

5 Q. I AM CORRECT?

6 A. CORRECT.

7 Q. FOR EXAMPLE, I'LL REPRESENT TO YOU OFFICER JUDD

8 TESTIFIED HERE BEFORE YOU CAME IN, AND HE GAVE A

9 DEPOSITION, AND HE TALKED ABOUT HIS INVESTIGATION, HIS

10 MEASUREMENTS.

11 PLAINTIFFS' COUNSEL DID NOT GIVE YOU

12 OFFICER JUDD'S DEPOSITION TO READ, CORRECT?

13 A. I WAS NOT PROVIDED A COPY. THAT IS CORRECT.

14 Q. AND YOU ARE AWARE THERE'S AN OFFICER JIMENEZ,

15 CORRECT?

16 A. I DON'T RECALL THE NAMES. I DIDN'T READ THE

17 TRANSCRIPTS, COUNSEL.

18 Q. OKAY. IF I REPRESENT TO YOU OFFICER JIMENEZ IS

19 WITH THE HAWTHORNE POLICE DEPARTMENT, HE WAS PART OF THE

20 INVESTIGATION, AND HE GAVE A SWORN DEPOSITION IN THIS

21 CASE.

22 YOU WERE NOT GIVEN THAT DEPOSITION TO READ AND

23 CONSIDER, CORRECT?


25 Q. YOU WERE NEVER GIVEN THE DEPOSITION OF

26 MR. CONSOLAZIO TO READ, CORRECT?


28 Q. YOU ARE AWARE THAT THERE WERE SOME EYEWITNESSES

Page 232 1 IDENTIFIED IN THE POLICE REPORT, CORRECT?

2 A. YES.

3 Q. AND THERE ARE STATEMENTS ATTRIBUTED TO THEM IN

4 THE POLICE REPORT, CORRECT?

5 A. YES.

6 Q. BUT YOU KNOW THOSE ARE NOT UNDER OATH, RIGHT?

7 A. NO. THEY ARE NOT UNDER OATH. BUT THEY

8 CERTAINLY MEMORIALIZE THEIR RECOLLECTION SHORTLY AFTER

9 THE EVENT.

10 Q. SO MY QUESTION IS: YOU UNDERSTAND THEY ARE NOT

11 UNDER OATH IN THE POLICE REPORT, CORRECT?

12 A. YES.

13 Q. WERE YOU -- LET ME RUN THREE NAMES BY YOU.

14 ARILENE GONZALEZ, INVER JUAREZ, AND ELIZABETH MCMICHAEL.

15 THOSE NAMES SOUND FAMILIAR TO YOU BECAUSE THEY

16 ARE MENTIONED IN THE POLICE REPORT, CORRECT?

17 A. THEY ARE IN THE REPORT. CORRECT.

18 Q. AND YOU UNDERSTAND THEY CLAIM TO HAVE BEEN

19 EYEWITNESSES TO THE ACCIDENT?


21 Q. WERE YOU GIVEN -- I'LL REPRESENT TO YOU,

22 MR. CASTAÑEDA, THAT ARILENE GONZALEZ, INVER JUAREZ, AND

23 ELIZABETH MC MICHAEL GAVE DEPOSITIONS IN THIS CASE UNDER

24 OATH WHERE THEY WERE ASKED QUESTIONS AND GAVE SWORN

25 TESTIMONY.

26 DID COUNSEL GIVE YOU ANY OF THOSE DEPOSITIONS

27 TO REVIEW AND CONSIDER IN REACHING YOUR OPINIONS?

28 A. NO.

Page 233 1 Q. YOU MENTIONED -- YOU MIGHT REMEMBER MR. PANISH

2 AND I HAD A LITTLE DISCUSSION GOING ON WITH AN OPINION

3 ABOUT THE AMOUNT OF FORCE APPLIED TO MR. LO'S BODY, AND

4 THEN MR. PANISH ASKED YOU FOR A SPECIFIC FOLLOW UP, "TO

5 HIS RIGHT LEG."

6 DO YOU RECALL THAT?

7 A. YES, I DO.

8 Q. AND IF I HEARD YOU RIGHT, YOUR TESTIMONY WAS

9 YOU BELIEVE THERE WAS 16,000 POUNDS OF FORCE APPLIED TO

10 HIS RIGHT LEG IN THIS ACCIDENT?

11 A. THAT'S WHAT IS BEING TRANSFERRED FROM THAT

12 COLLISION, CORRECT.

13 Q. YOU KNOW THAT IN THIS CASE THAT THE PLAINTIFFS

14 RETAINED ANOTHER ACCIDENT -- SORRY. THAT'S NOT FAIR.

15 LET ME START OVER.

16 IN THIS CASE, THE PLAINTIFFS' COUNSEL RETAINED

17 ANOTHER EXPERT, A BIOMECHANIST NAMED, JOHN BRAULT,

18 B-R-A-U-L-T, CORRECT?

19 A. I DO.

20 Q. YOU KNOW WHO MR. BRAULT IS, RIGHT?

21 A. YES, I DO.

22 Q. AND YOU UNDERSTAND THEY HIRED HIM IN THIS CASE

23 TO REVIEW THIS ACCIDENT FROM A BIOMECHANICAL STANDPOINT,

24 CORRECT?


26 Q. AND YOU UNDERSTAND ONE OF HIS THINGS THAT HE

27 DID WAS TO DETERMINE THE AMOUNT OF FORCE THAT WAS

28 APPLIED TO MR. LO'S LEG IN THIS ACCIDENT?

Page: 61 (231 - 234)


Page 234 1 A. YOU KNOW, I DON'T KNOW WHAT HIS ASSIGNMENT IS

2 AS FAR AS IT PERTAINS TO FORCE DEVELOPMENT. I HAVE NOT

3 READ HIS DEPOSITION, NOR I HAVE I SEE HIS WORK PRODUCT.

4 Q. DID YOU ASK PLAINTIFFS' COUNSEL, "WHAT DID

5 MR. BRAULT COME UP WITH AS TO THE AMOUNT OF FORCE

6 APPLIED TO THE LEG"?

7 A. NO. MY LAST RECOLLECTION, AS IT PERTAINS TO

8 MR. BRAULT'S WORK, HE SAYS HE COULDN'T TELL, BUT HE SAYS

9 IT TAKES A THOUSAND POUNDS MINIMUM TO FRACTURE A FEMUR.

10 THAT'S MY RECOLLECTION.

11 16,000 CERTAINLY EXCEEDS A THOUSAND.

12 Q. WE CAN AGREE ON THAT.

13 BUT ARE YOU AWARE THAT MR. BRAULT GAVE AN

14 OPINION AS TO THE AMOUNT OF FORCE THAT WAS APPLIED?

15 A. NO. I WASN'T AWARE.

16 Q. HAS ANYONE LET YOU KNOW THAT MR. BRAULT DID NOT

17 COME UP WITH 16,000 POUNDS OF FORCE?

18 A. NO.

19 Q. WERE YOU AWARE THAT THE BEST MR. BRAULT COULD

20 SAY WAS, "IT WAS APPROXIMATELY OR SOMETHING ABOVE

21 1,000 POUNDS"? THAT'S FROM HIS BIOMECHANICAL EXPERT

22 ANALYSIS IN THIS CASE.

23 MR. PANISH: YOUR HONOR, I'M GOING TO OBJECT.

24 THERE IS NO FOUNDATION. HE ALREADY SAID HE DIDN'T READ

25 IT OR SPEAK WITH THE INDIVIDUAL.


27 BY MR. FOX:

28 Q. GO AHEAD.

Page 235 1 A. NO ONE HAS -- THE ONLY INFORMATION I GOT FROM

2 MR. BRAULT WAS FROM HIM DIRECTLY SAYING THAT HE COULDN'T

3 TELL, THAT IT TOOK A MINIMUM OF A 1,000 POUNDS TO

4 FRACTURE THE FEMUR. BUT I DON'T THINK HE EVER GAVE

5 A HIGH-END, TO MY KNOWLEDGE.

6 Q. SO MR. BRAULT TOLD YOU THAT THAT IS THE BEST HE

7 COULD DO, AND HE COULDN'T IDENTIFY HOW MUCH FORCE WAS

8 ACTUALLY APPLIED TO THE LEG?

9 A. CORRECT. AND I'M NOT SURE THAT MR. BRAULT DOES

10 FORCE CALCULATIONS. I KNOW HE RELATES FORCE

11 TRANSLATIONS TO INJURY PROPENSITY AS IT PERTAINS TO THIS

12 TYPE OF COLLISION AND THE MECHANICS ASSOCIATED.

13 Q. ALL RIGHT. NOW, YOU SHOWED YOUR -- YOUR

14 ANIMATION OF YOUR DEPICTION OF HOW THIS ACCIDENT

15 HAPPENED.

16 AND AT ONE POINT - YOU REMEMBER, IN YOUR

17 ANIMATION, WHICH WAS EXHIBIT 16 - YOU HAD MR. LO ON THE

18 GROUND IN FRONT OF THE FRONT LEFT TIRE, AND HIS -- HE

19 WAS BANGING ON EITHER THE FRONT BUMPER OR THE FRONT

20 FENDER OF THE TRUCK, RIGHT?

21 A. YES.

22 Q. WHERE DID YOU GET THAT FROM?

23 A. THAT'S ACTUALLY FROM MR. BRAULT'S WORK. I

24 THINK THAT WAS HIS CONTRIBUTION TO THE ANIMATION.

25 BECAUSE AS YOU KNOW, AND YOU HAVE EXPLAINED

26 THIS, RECONSTRUCTION IS NOT JUST VEHICLE-TO-VEHICLE.

27 THERE'S AN HUMAN ELEMENT INVOLVED.

28 SO AT -- AS FAR AS THE MOVEMENTS OF THE -- OF

Page 236 1 THE RIDER, THOSE WERE SOME THAT MR. BRAULT CONTRIBUTED

2 TO.

3 Q. I GUESS MY QUESTION WASN'T CLEAR. AND I

4 APOLOGIZE, MR. CASTAÑEDA.

5 I'M TALKING ABOUT WHERE -- WHAT EVIDENCE DO YOU

6 HAVE IN THIS CASE -- WHO IS THE WITNESS WHO SAID THEY

7 SAW THAT OR THAT THAT OCCURRED, THAT MR. LO WAS UNDER

8 THAT TIRE AND HIS HAND WAS UP LIKE YOU HAVE IN YOUR

9 ANIMATION BANGING?

10 OTHER THAN JUST MR. BRAULT, A HIRED EXPERT,

11 WHAT EVIDENCE DO YOU HAVE?

12 A. OKAY. WELL, THAT'S A GOOD POINT.

13 IN ONE OF THE VIDEO CAMERAS, EVEN THOUGH IT IS

14 GRAINY, YOU CAN SEE MR. LO'S BODY MOVING, AT LEAST

15 RELATIVE TO THE GROUND. IT'S GRAY, AND IT'S DIFFICULT

16 TO SEE, BUT HE IS MOVING.

17 I CAN EXPLAIN THAT BASED ON THE VIDEO.

18 THE LOWER EXTREMITY MOVEMENT, I'LL DEFER TO

19 MR. BRAULT BECAUSE OUTSIDE OF HIM, I HAVE NO OTHER

20 INFORMATION.

21 Q. SO IS THE ANSWER TO MY QUESTION THE VIDEO,

22 WHICH YOU AGREE IS GRAINY, YOU THINK IN THAT YOU CAN SEE

23 HIM HITTING THE TRUCK LIKE YOU HAVE IT IN EXHIBIT 16?

24 A. NO. I SEE IT.

25 Q. OKAY. ALL RIGHT.

26 A. IN THE VIDEO, I SEE THE TORSO MOVING.

27 Q. WHAT WITNESS, OF WHICH YOU ARE AWARE -- WHAT

28 WITNESS IN THE POLICE REPORT OR ANYWHERE SAID, "I SAW

Page 237 1 MR. LO BANGING ON THE TRUCK"?

2 A. I AM NOT AWARE OF ANY.

3 AND AGAIN, I HAVE -- IN OTHER WORDS, THE

4 MOVEMENTS OF THE MOTORCYCLISTS AT THAT POINT WHEN HE IS

5 PINCHED AREN'T FROM MY WORK. THOSE I WOULD DEFER TO

6 MR. BRAULT. THAT WAS HIS CONTRIBUTION TO WORK ON THE

7 ANIMATION.

8 Q. DID YOU ASK MR. BRAULT, "WHERE DOES THAT COME

9 FROM? WHAT WITNESS SAID THAT"?

10 A. NO.

11 Q. OKAY. NOW, MR. PANISH COVERED WITH YOU THAT

12 THIS IS THE FIRST TIME COMING INTO COURT AND TESTIFYING

13 ON BEHALF OF MR. PANISH OR HIS FIRM, CORRECT?

14 A. I THINK FOR MR. PANISH -- FOR MR. PANISH

15 HIMSELF.

16 Q. OH. SO YOU HAVE GONE INTO COURT AND TESTIFIED

17 FOR MR. PANISH'S FIRM BEFORE TODAY?

18 A. I DID, YES.


20 A. IT WAS THAT ONE TIME WE SPOKE OFF, AND THAT

21 JUST OCCURRED LAST WEEK.

22 Q. GOOD ENOUGH.

23 NOW, THE FACT THAT YOU HAVE ONLY GONE INTO

24 COURT AND TESTIFIED ON BEHALF OF MR. PANISH AND HIS FIRM

25 TWICE, THAT DOESN'T MEAN YOU ONLY WORKED TWO CASES FOR

26 THEM, RIGHT?

27 A. NO. THAT'S CORRECT.

28 Q. YOU DO A LOT OF WORK FOR THEIR FIRM, DON'T YOU?

Page: 62 (235 - 238)


Page 238 1 A. WELL, I WOULDN'T SAY I DO A LOT.

2 Q. LET'S -- GO AHEAD. SORRY. I INTERRUPTED YOU.

3 MR. PANISH: LET HIM FINISH HIS ANSWER.

4 MR. FOX: SURE. I APOLOGIZE.

5 THE WITNESS: YOU KNOW --

6 THE COURT: GO AHEAD AND FINISH YOUR ANSWER.

7 THE WITNESS: THANK YOU, YOUR HONOR.

8 I OPEN ANYWHERE FROM 125 TO 150 CASES A YEAR.

9 THIS YEAR WE ARE ON 131 OR 132.

10 OF THOSE 132 CASES THIS YEAR, I THINK I HAVE

11 BEEN HIRED BY MR. PANISH'S FIRM, WHICH EMPLOYS

12 30 ATTORNEYS, I THINK MAYBE ON TEN OR 12 CASES.

13 THEY CERTAINLY DEAL WITH MUCH LARGER SCALE

14 CASES THAN MOST CLIENTS. AND FOR THAT, I REALLY

15 APPRECIATE THE CHALLENGE OF THOSE KINDS OF JOBS, BUT

16 IT'S NO MORE THAN SOME OF MY OTHER RETURN CUSTOMERS THAT

17 PROVIDE ME SIGNIFICANTLY MORE WORK THAN THAT.

18 BY MR. FOX:

19 Q. LET'S TALK ABOUT JUST THE LAST FIVE YEARS,

20 MR. CASTAÑEDA.

21 A. SURE.

22 Q. IN JUST THE LAST FIVE YEARS, MR. PANISH'S FIRM

23 HAS HIRED YOU BETWEEN 48 AND 84 TIMES?

24 A. YOU KNOW, THAT'S THE BEST ESTIMATE I COULD

25 GIVE, AS I SIT HERE, YES.

26 Q. AND WHEN WE TOOK YOUR DEPOSITION ON JULY 16,

27 2018, JUST A COUPLE OF MONTHS AGO, YOU TOLD US THAT YOU

28 HAVE 24 OPEN ACTIVE CASES WHERE THEY HAVE HIRED YOU AS

Page 239 1 THEIR ACCIDENT RECONSTRUCTION EXPERT, CORRECT?

2 A. I THINK, AGAIN, THAT WAS AN ESTIMATE BECAUSE I

3 DIDN'T HAVE ANY RECORDS, AND I TRIED TO ESTIMATE WITH

4 ENOUGH CUSHION. BUT I COULDN'T TELL YOU AS I SIT HERE.

5 Q. IS IT FAIR THAT THAT IS AND THAT WAS YOUR BEST

6 ESTIMATE?

7 A. AT THAT TIME.

8 Q. ALL RIGHT. AND YOU TOLD US TODAY THAT YOU HAVE

9 SPENT YOUR -- YOUR FIRM SPENT ABOUT 230 HOURS ON THIS

10 CASE?

11 A. YES.

12 Q. ALL RIGHT. AND WHAT I DID IS I DID SOME ROUGH

13 MATH AND SEE IF THIS WORKS FOR YOU.

14 A. SURE.

15 Q. I TOOK YOUR RATE, I TOOK THE RATES OF THE OTHER

16 THREE OR FOUR PEOPLE YOU MENTIONED. I THINK IN YOUR

17 DEPOSITION IT WAS YOU, MR. VERDUZCO, MR. OTHART?

18 A. THAT'S -- YEAH. THAT'S VERY WELL PRONOUNCED.

19 Q. THANKS.

20 AND MR. MORALES. AND YOU GAVE ME THEIR RATES.

21 AND I TOOK THEM, AND I TOOK THE AVERAGE. THE AVERAGE OF

22 FOUR YOU IS $225 PER HOUR?

23 DOES THAT SOUND RIGHT?

24 A. THAT SOUNDS ABOUT RIGHT.

25 Q. OKAY. SO THAT WOULD MEAN UP UNTIL TODAY

26 PLAINTIFFS' COUNSEL HAS PAID YOU -- OR, IS GOING TO PAY

27 YOU A TOTAL OF ABOUT $51,000 FOR YOUR WORK IN THIS CASE,

28 CORRECT?

Page 240 1 A. YEAH.

2 Q. OKAY. NOW, BY THE WAY -- SO IF THERE'S A BILL

3 FOR $51,000, FAIR TO SAY ON MOST OF THE OTHER CASES, IT

4 WOULD BE LESS THAN THAT BECAUSE MOST OF THEM DON'T GO TO

5 TRIAL. FAIR?

6 A. THAT'S VERY FAIR. A LOT OF THEM -- MOST OF

7 THEM DON'T GO TO TRIAL.

8 Q. WELL, WHAT WOULD BE THE AVERAGE, WOULD YOU SAY,

9 OVER IN THOSE -- IN THE LAST FIVE YEARS FOR THE CASES

10 YOU HAVE DONE FOR THEM, WHAT WOULD YOU SAY AN AVERAGE

11 TOTAL FEE FOR ALL YOUR WORK IS?

12 A. I COULDN'T TELL YOU. COUNSEL, I HAVE DONE SOME

13 CASES FOR THEIR FIRM THAT INVOLVES RECONSTRUCTING THREE

14 COLLISIONS IN THE SAME STRETCH OF ROADWAY OR TWO

15 SEPARATE COLLISION EVENTS.

16 AND LIKE THIS ONE. THIS IS TWO COMPLETE

17 DIFFERENT RECONSTRUCTIONS THAT WE ARE HAVING TO WORK

18 WITH. IT'S REALLY HARD TO GAUGE. AND THEN THOSE CASES

19 WHERE THEY CALL, AND I CALL BACK, AND I SAY, "YOU KNOW,

20 THE PHYSICAL EVIDENCE DOESN'T COMPORT WELL WITH YOUR

21 CLIENT'S RECOLLECTION OF THE EVENTS."

22 SO IT'S REALLY DIFFICULT. AND I WOULD HATE TO

23 GIVE YOU A NUMBER THAT IS WAY OFF BASE.

24 Q. I DON'T WANT YOU TOO EITHER.

25 BUT KNOWING THE AMOUNT OF WORK YOU DO AND WHAT

26 IT TAKES TO DO A RECONSTRUCTION, WOULD YOU SAY IT WOULD

27 BE FAIR TO ESTIMATE THAT THE AVERAGE CASE THAT YOU DO

28 FOR THEM CARRIES A BILL WITH IT ABOUT $20,000 FOR ALL

Page 241 1 YOUR WORK?

2 A. I WOULD PROBABLY REDUCE THAT BY AT -- MAYBE

3 HALF. I WOULD SAY MAYBE 10- TO 15-.

4 Q. LET'S JUST GO WITH 10,000, THEN. LET'S JUST GO

5 WITH 10,000.

6 A. SURE.

7 Q. SO IF I GOT MY NUMBERS RIGHT, THEN,

8 MR. CASTAÑEDA, IN JUST THE LAST FIVE YEARS -- AND THE

9 ESTIMATE YOU GAVE AT YOUR DEPOSITION WAS YOU HAVE DONE

10 48 TO 84 CASES WITHIN THE LAST FIVE YEARS. LET'S JUST

11 TAKE THE LOWER END NUMBER, THE 48.

12 A. THAT'S FINE.

13 Q. THAT MEANS YOU ARE CLOSE TO ABOUT HALF A

14 MILLION DOLLARS FOR -- THAT THEY'VE PAID YOU IN THE LAST

15 JUST FIVE YEARS?

16 A. THAT MATH WORKS OUT.

17 Q. ALL RIGHT. AND IF WE TAKE THE MIDPOINT BETWEEN

18 48 AND 84, WHICH IS 66 CASES, THAT MEANS THEY HAVE PAID

19 YOU ABOUT $660,000 FOR YOUR SERVICES IN JUST THE LAST

20 FIVE YEARS?

21 A. THAT MATH WOULD WORK OUT AS WELL.

22 Q. ALL RIGHT. AND IF IT'S THE HIGHER-END ESTIMATE

23 YOU GAVE US, THE 84 CASES, THAT WOULD MEAN IF THE

24 AVERAGE CHARGE WAS ONLY $10,000, THAT THEY HAVE PAID YOU

25 OVER THE LAST FIVE YEARS $840,000 FOR YOUR SERVICES,

26 CORRECT?

27 A. THAT WOULD BE CORRECT.

28 Q. THEY ARE A GOOD CLIENT OF YOURS, AREN'T THEY?

Page: 63 (239 - 242)


Page 242 1 A. THEY ARE NO BETTER THAN ANY OTHER CLIENT. I

2 VALUE THEIR WORK.

3 BUT WE CAN PUT THINGS IN PERSPECTIVE. IT

4 DOESN'T MATTER IF IT WAS HIM OR YOU THAT HIRED ME; YOU

5 WOULD BE BILLED THE SAME RATE FOR THE SAME WORK.

6 AND KEEP IN MIND, EVEN THOUGH THE NUMBERS MAY

7 SOUND A LITTLE ON THE HIGH SIDE, ONE OF THE TWO LASER

8 SCANNERS THAT WE USE TO DOCUMENT THE SITE, THOSE RETAIL

9 FOR $102,000 EACH. WE HAVE JUST INVESTED IN EQUIPMENT

10 FOR MOBILE SCANNING JUST UNDER 400,000.

11 THAT'S WHAT WE HAVE TO DO TO STAY ON TOP OF THE

12 COMPETITORS AND COLLECT DATA TO THE HIGHEST DEGREE THAT

13 IS AVAILABLE AND STAY TO THE POINT WHERE THE CLIENTS

14 THAT ARE LITIGATING THE REALLY DIFFICULT CASES WILL

15 STILL SEE THE VALUE IN THE WORK THAT WE DO AT AN AVERAGE

16 OF 225 PER HOUR.

17 THE COURT: MR. FOX, WE ARE GETTING TOWARDS --

18 MR. FOX: I AM ALMOST DONE. AND I THINK

19 MR. BARGER ONLY HAS ONE MORE MINUTE. I THINK THEY CAN'T

20 GET THEM BACK. SO I AM ALMOST DONE, YOUR HONOR, AND

21 THEN I'LL PASS.

22 THE COURT: OKAY.

23 BY MR. FOX:

24 Q. JUST TO COMPLETE THE PICTURE, MR. CASTAÑEDA,

25 YOU HAVE DONE WORK FOR SOME OTHERS IN MY FIRM OVER THE

26 YEARS, TRUE?

27 A. YES, I HAVE.

28 Q. NO PENDING CASES, CORRECT?

Page 243 1 A. THAT IS CORRECT.

2 Q. AND I HAVE NEVER HIRED YOU AS AN EXPERT IN ANY

3 CASE?


5 Q. AND MR. WARD'S NEVER HIRED YOU IN A CASE?


7 MR. FOX: MR. CASTAÑEDA, IT WAS NICE TO SEE.

8 THANK YOU FOR YOUR TIME.

9 THE WITNESS: THANK YOU.

10 MR. FOX: NOTHING FURTHER, YOUR HONOR.

11 MR. BARGER: YOUR HONOR, I KNOW IT'S FRIDAY.

12 I'LL BE VERY BRIEF. COUPLE QUESTIONS.

13

14 CROSS-EXAMINATION

15 BY MR. BARGER:

16 Q. MR. CASTAÑEDA, THE SPEED LIMIT ON ROSECRANS

17 WHERE THE ACCIDENT OCCURRED WAS 40 MILES PER HOUR,

18 CORRECT?

19 A. YES.

20 Q. AND YOU BELIEVE MY CLIENT, MR. CONSOLAZIO, WAS

21 TRAVELING 27 MILES PER HOUR, CORRECT?

22 A. AT IMPACT, YES.

23 Q. SO THERE'S NO EVIDENCE THAT HE WAS SPEEDING

24 PRIOR TO THE ACCIDENT, CORRECT?

25 A. THERE'S NO PHYSICAL EVIDENCE. THAT IS CORRECT.

26 MR. BARGER: THANK YOU.

27 NO FURTHER QUESTIONS.


Page 244 1 MR. PANISH: YES.

2

3 REDIRECT EXAMINATION

4 BY MR. PANISH:

5 Q. MR. FOX ASKED YOU MULTIPLE TIMES WHETHER HIS

6 CLIENT AND MR. CONSOLAZIO ADMITTED LIABILITY.

7 YOU REMEMBER THOSE QUESTIONS?

8 A. I DO.

9 Q. AND WHEN YOU WENT TO THE INSPECTION, YOU SAW

10 THAT AN EXPERT WITNESS RETAINED BY THE DEFENSE WAS ALSO

11 THERE, CORRECT?

12 A. YES.

13 Q. HAS ANYONE IN THIS CASE, INCLUDING ANY EXPERTS

14 THEY HAVE RETAINED, AT ANY TIME QUESTIONED A SINGLE

15 THING YOU HAVE DONE IN THIS CASE?

16 A. NO.

17 Q. IN FACT, THE ONLY THING THAT MR. FOX JUST

18 QUESTIONED YOU ABOUT, YOUR OPINIONS, WAS THE THING ABOUT

19 WHERE MR. LOWI -- OR, MR. LOWI WAS THEIR EXPERT,

20 MR. LO'S HAND WAS, RIGHT?

21 MR. FOX: LEADING, YOUR HONOR.


23 BY MR. PANISH:

24 Q. OKAY. WHAT DID MR. FOX QUESTION -- IS THERE --

25 DO YOU RECALL WHETHER MR. FOX QUESTIONED ANY OF

26 YOUR OPINIONS IN THIS CASE WHEN HE JUST QUESTIONED YOU?

27 MR. FOX: OBJECTION TO FORM. YOUR HONOR, IT'S

28 VAGUE. IT'S ARGUMENTATIVE.

Page 245 1 THE COURT: OVERRULED.

2 THE WITNESS: THE QUESTIONS I RECALL ON THAT

3 TOPIC WERE THE MOVEMENTS OF MR. LO IN THE ANIMATION, AND

4 A QUESTION ABOUT THE VALUE I CALCULATED FOR THE FORCE

5 EXCHANGED IN THE FIRST -- OR, THE SECOND COLLISION.

6 BY MR. PANISH:

7 Q. DID THE HAWTHORNE POLICE DEPARTMENT DO ANY

8 ACCIDENT RECONSTRUCTION IN THIS CASE?

9 A. NO ACCIDENT RECONSTRUCTION.

10 Q. DO YOU NEED ANY DEPOSITIONS TO DO ANY WORK IN

11 THIS CASE?

12 A. YOU KNOW, THIS CASE HAS SO MUCH PHYSICAL

13 EVIDENCE THAT THIS IS ONE OF THOSE CASES WHERE THERE'S

14 NO NEED FOR ANY TRANSCRIPTS.

15 THE PHYSICAL EVIDENCE SPEAKS MUCH LOUDER THAN

16 THE TESTIMONY, AND IT REMAINS THE SAME, WHETHER YOU LOOK

17 AT IT THE DAY AFTER THE ACCIDENT, SIX MONTHS AFTER THE

18 ACCIDENT, OR A YEAR AFTER THE ACCIDENT.

19 WHEREAS TESTIMONY IS A RECOLLECTION THAT MAY

20 NOT BE THE SAME THE DAY AFTER THE ACCIDENT OR A YEAR

21 AFTERWARDS OR SIX MONTHS AFTERWARDS, WHEN YOU ARE GIVING

22 A -- YOU ARE, ESSENTIALLY, TELLING YOUR RECOLLECTION OF

23 SOMETHING THAT OCCURRED AND TOOK SECONDS.

24 MOST OF US AREN'T PROGRAMMED TO MEMORIALIZE IN

25 HIGH DETAIL EVERYTHING THAT I HAVE GIVEN YOU WITH

26 RESPECT TO SPEEDS AND PATHS AND TIME DURATIONS.

27 Q. AFTER ALL THOSE QUESTIONS OF MR. -- DEFENSE

28 COUNSEL, BOTH, HAVE YOU CHANGED A SINGLE OPINION YOU

Page: 64 (243 - 246)


Page 246 1 HAVE IN THIS CASE?

2 A. NO.

3 Q. WOULD YOU AGREE THAT THE FORCES APPLIED TO

4 MR. LO WERE VERY SIGNIFICANT?

5 A. YES. AND, I GUESS, THE WAY TO REALLY EXPLAIN

6 IT IS... 16,000 POUNDS IS DIFFICULT FOR US TO IMAGINE.

7 A TRUCK-TRACTOR, MEANING, THE FRONT PART OF THE

8 TRUCK THAT PULLS THE TRAILER, JUST THE TRUCK-TRACTOR

9 ALONE WEIGHS ABOUT 17,000 POUNDS.

10 SO IF YOU WANT TO GET SOMETHING TO VISUALIZE

11 WHAT 16,000 POUNDS WOULD FEEL LIKE, IMAGINE A COMMERCIAL

12 TRUCK.

13 Q. AND, FINALLY, ALL THE QUESTIONS HOW MUCH YOU

14 GET PAID HERE OR THERE, THESE WERE HYPOTHETICAL

15 QUESTIONS THAT HE WAS ASKING, CORRECT?

16 A. YES.

17 Q. AND HE DOESN'T HAVE ANY -- STRIKE THAT.

18 THERE ARE MANY LAWYERS IN MR. FOX'S FIRM THAT

19 YOU HAVE WORKED FOR, CORRECT?

20 A. THERE ARE SOME, THAT'S CORRECT.

21 Q. WHICH -- HOW MANY DIFFERENT LOCATIONS HAVE YOU

22 WORKED FOR HIS FIRM?

23 MR. FOX: OBJECTION, YOUR HONOR. MOTION IN

24 LIMINE RULE. AND IT'S ARGUMENTATIVE.


26 MR. PANISH: WELL, YOUR HONOR, COUNSEL MADE AN

27 ARGUMENT.

28 MR. FOX: YOUR HONOR, THIS IS --

Page 247 1 THE COURT: OKAY. THE QUESTION WAS...?

2 BY MR. PANISH:

3 Q. HOW MANY DIFFERENT COUNTIES HAVE YOU WORKED FOR

4 MR. FOX'S FIRM IN?

5 A. YOU KNOW, IS I SIT HERE, THE ONES I RECALL IS

6 FRESNO COUNTY, AND THAT WAS BY AN ATTORNEY AT THE L.A.

7 OFFICE, AND THAT IS A LONG TIME AGO.

8 BUT THE ATTORNEYS THAT I WORK FOR FOR MR. FOX'S

9 FIRM ARE IN PHOENIX, ARIZONA; SPECIFICALLY,

10 MATT KLEIFIELD AND ROBERT ASHLEY. THE LAST TIME I DID

11 SOME FOR THEM WAS THREE OR FOUR YEARS AGO, AND THEY ARE

12 USUALLY BROUGHT IN AS LOCAL COUNSEL FOR BRIDGESTONE,

13 FIRESTONE, OR A TIRE MANUFACTURER.

14 SO THAT'S HOW I ENDED UP WORKING FOR THEIR FIRM

15 ON THOSE CASES.

16 Q. DID THAT FIRM EVER QUESTION ANY OF THE WORK YOU

17 DID FOR THEM?

18 MR. FOX: OBJECTION, YOUR HONOR. 352. AND

19 ARGUMENTATIVE.

20 MR. PANISH: HE BROUGHT IT UP.


22 THE WITNESS: NO. AS, A MATTER OF FACT, THEY

23 WERE RETURN CLIENTS AND -- UP UNTIL ABOUT THREE OR FOUR

24 YEARS AGO.

25 BY MR. PANISH:

26 Q. DID ANYONE FROM MR. FOX'S FIRM EVER SAY THAT

27 YOU WERE BILLING TOO MUCH?

28 A. NO. MY BILLING HAS NEVER BEEN QUESTIONED,

Page 248 1 QUITE FRANKLY.

2 Q. TO DO ALL THIS WORK THAT YOU DID, IT TAKES

3 TIME, DOESN'T IT?

4 A. OF COURSE. IF YOU WANT TO DO IT RIGHT, IF YOU

5 WANT TO BE DETAILED, IF YOU WANT TO BE ACCURATE. IT IS

6 TIME INTENSIVE, AND IT'S IT AN ITERATIVE PROCESS.

7 IT'S NOT LIKE YOU JUST SIT DOWN AND START

8 PUTTING THINGS ON. YOU HAVE TO ACTUALLY GO THROUGH A

9 REVIEW, AN ANALYTICAL PROCESS THAT YOU HAVE TO DO AND

10 REDO AND THEN VALIDATE AND LOOK AT FROM DIFFERENT ANGLES

11 TO MAKE SURE EVERYTHING IS LINING UP.

12 SO, YES, IT'S TIME INTENSIVE.

13 THE COURT: I'M SORRY.

14 THE WITNESS: NO PROBLEM. NO. I WAS DONE.

15 MR. PANISH: YOUR HONOR, I DON'T HAVE ANY MORE

16 QUESTIONS, AND EVERYONE WANTS TO GO, SO I'M DONE.

17 THANK YOU.

18 MR. FOX: NOTHING FURTHER, YOUR HONOR.

19 MR. WARD, JR.: NOTHING FURTHER, YOUR HONOR.

20 MR. PANISH: I ASK THAT MR. CASTAÑEDA --

21 THE COURT: MAY THIS WITNESS BE EXCUSED?

22 MR. PANISH: HE CAN GO BACK TO FRESNO.

23 THANK YOU.

24 THE COURT: YOU ARE EXCUSED, SIR.

25 THE WITNESS: THANK YOU, YOUR HONOR.

26 THE COURT: WE ARE GOING TO RECESS AND RESUME

27 MONDAY MORNING AT 9:00 A.M.

28 AS BEFORE, PLEASE DO NOT DISCUSS ANYTHING

Page 249 1 HAVING TO DO WITH THE CASE WITH ANY OTHER PERSON.



4 WE'LL SEE YOU MONDAY MORNING, 9:00 A.M. HAVE A

5 GREAT WEEKEND.


7



10 JURY.)

11

12 THE COURT: OKAY. ALL THE JURORS AND

13 ALTERNATES HAVE LEFT.

14 COUNSEL, ANYTHING ANYONE WISHES THE ADDRESS?



17 HAVE A NICE WEEKEND.

18 THE COURT: HAVE A GOOD WEEKEND. WE'LL SEE YOU

19 AT 8:30 MONDAY MORNING.

20 (WHEREUPON THE FOREGOING PROCEEDINGS

21 WERE CONCLUDED AT 4:43 P.M. TO RESUME ON

22 MONDAY, SEPTEMBER 24, 2018, AT 8:30

23 A.M.)

24 -- OOO --

25

26

27

28

Page: 65 (247 - 249)
