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HomeMy WebLinkAbout05-12-00 .. (C~~11 DAVID GROSS, PLAINTIFF IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v NO. 2601 S 1999 ARCHIBALD BUILDERS, DEFENDANT JURY TRIAL DEMANDED DEPOSITION OF: DAVID GROSS TAKEN BY: DEFENDANT BE FORE : DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: MAY 12, 2000, 11:36 A.M. PLACE: GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 MARKET STREET HARRISBURG, PENNSYLVANIA APPEARANCES: LITVIN, BLUMBERG, MATUSOW & YOUNG BY: DONALD E. MATUSOW, ESQUIRE FREDRIC S. EISENBERG, ESQUIRE FOR - PLAINTIFF GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: JOHN A. STATLER, ESQUIRE FOR - DEFENDANT 2080 Linglestown Road · Suite 103 · Harrisburg, PA 17110 717.540.0220 · fax 717.540.0221 · Lancaster 717.393.5101 2 NAME DAVID GROSS BY: MR. STATLER WITNESSES EXAMINATION 3 EXHIBITS GROSS DEPOSITION EXHIBIT 1. DISCOVERY HOUSE RECORD PRODUCED AND MARKED 50 Multi-Page 1M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 GROSS DEPOSITION EXHIBIT 15 1. DISCOVERY HOUSE RECORD 16 17 18 19 20 21 22 23 24 25 WIlNESSES EXAMINATION NAME DAVID GROSS BY: MR. STATLER 3 EXHIBITS PRODUCED AND MARKED 50 1 STIPULATION 2 It is hereby stipulated by and between counsel 3 for the respective parties that sealing, certification and 4 filing are hereby waived; and that all objections except as 5 to the form of the question are reserved to the time of 6 trial. 7 8 DAVID GROSS, called as a witness, being duly 9 sworn, testified as follows: 10 EXAMINATION 11 BY MR. STATLER: 12 Q Tell us your full name, please. 13 A David Matthew Gross. 14 Q And where do you currently live? 15 A 601-B Mallard Drive, Mallard is spelled just like 16 the duck, Camp Hill, Pennsylvania. 17 Q 17011? 18 A Yes. 19 Q David, my name is John Statler. I'm an attorney, 20 and I represent Archibald Builders in a lawsuit that you 21 have filed in the Court of Common Pleas of Dauphin County, 22 and we're here today to take your deposition which means 23 asking you questions under oath about the circumstances of 24 your accident of September, 1998, as well as the injuries 25 that you claimed to have suffered in it and other HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Page 2 Page 3 DA VID GROSS MAY 12, 2000 Page 4 1 information regarding the claim. 2 I want to give you a couple of preliminary 3 instructions to keep in mind throughout the deposition. 4 The first instruction is if you don't hear a question, tell 5 me you didn't hear the question, and I'll ask it again in a 6 louder voice, okay? 7 A Okay. 8 Q Second, if you don't understand a question, tell 9 me that you didn't understand the question or ask me to 10 rephrase the question, and I'll be glad to do that. Is 11 that all right? 12 A Okay. 13 Q Now, the reason I'm giving you those two 14 instructions is that if you answer a question today, I'm 15 going to assume that you have both heard the question and 16 understood the question and are giving the answer that you 17 intend to give. Is that fair? 18 A That's reasonable. 19 Q Okay. Another instruction is that it's necessary 20 for you to verbalize your answer, to give a spoken answer, 21 not just nodding your head. The court reporter is not to 22 act as an interpreter. She is supposed to take down 23 something that you actually say. 24 A Okay. 25 Q And then finally, please let me finish my Page 5 1 question before you begin your answer, and similarly I will 2 try to do the same thing for you so that only one of us is 3 talking at a time, all right? 4 A Okay. 5 Q If at any time I cut you off and don't give you a 6 chance to finish your answer, tell me that I did that. It 7 would certainly not have been intentional on my part, but I 8 want to make sure you have been given a full opportunity to 9 answer the questions, all right? 10 A Okay. 11 Q All right. I want to start first with some 12 background information. Tell me your date of birth. 13 A October 27th, 1957. 14 Q Okay. And how old are you? 15 A 43 years old. Oh. 16 MR. MATUSOW: Go ahead. 17 THE WIlNESS: I'll be 43. Okay. 18 BY MR. STATLER: 19 Q 42 going on 43? 20 A Yes. I'm sorry. 21 Q And who lives with you at 601-B Mallard Drive? 22 A My fiancee, Elizabeth Barth. 23 Q How long have you lived with Elizabeth Barth? 24 A Since early 1996. 25 Q How long have you lived at 601- B Mallard Drive? Page 2 - Page 5 DAVID GROSS MAY 12, 2000 Multi-Page 1M Page 6 1 A We moved into there the 4th of July weekend, 2 1998. 3 Q So it's coming up on two years? 4 A Yes. 5 Q And where did you and Elizabeth live before that? 6 A We lived at 2524 South Market Street, 7 Mechanicsburg. 8 Q How long has Elizabeth Barth been your fiancee? 9 A Since early 1996. 10 Q Okay. How long have you been dating Elizabeth 11 Barth? 12 A Since 1995. 13 Q Is she employed? 14 A Yes. 15 Q Where does she work? 16 A Capital Recovery Associates. 17 Q Is that a collection agency? 18 A Yes. 19 Q And what does she do for them? 20 A Oh, she just got a promotion. She's an upper 21 level manager. 22 Q How long has she worked for Capital Recovery 23 Associates? 24 A Either earlier this year or late last year, 25 somewhere around the holidays. Page 7 1 Q Okay. Where was she employed before Capital 2 Recovery Associates? 3 A Morrison-Voss Eye Associates. 4 Q And what did she do for them? 5 A Office manager. 6 Q And how long -- approximately how long did she 7 work for Morrison Eye Associates? 8 A A couple of years. 9 Q Is that where she was working when you met her? 10 A No. 11 Q Where was she working when you met her? 12 A She worked for White Pines Banquet and Catering. 13 Q And what did she do for them? 14 A She was the banquet and catering manager. 15 Q Okay. Has Elizabeth Barth ever been married? 16 A No. 17 Q How old is she? 18 MR. MATUSOW: And we're not going to tell her you 19 had to stop and think about it. I mean, Fred might, but 20 I'm not going to. 21 THE WITNESS: Somewhere around 30 years old. 22 MR. STATLER: Okay. 23 MR. MATUSOW: Now she's going to know. 24 BY MR. STATLER: 25 Q We won't send her the transcript. Have you ever Page 6 - Page 9 Page 8 1 been married? 2 A Yes. 3 Q Okay. When were you married? 4 A November the 9th, 1985. 5 Q And did that marriage end in divorce? 6 A Yes. 7 Q When were you divorced? 8 A In the spring of either '91 or '92. 9 Q Was that your first and only marriage? 10 A Yes. 11 Q And who were you married to? 12 A Wendy Kay. 13 Q K as in the initial K? 14 A K-a-y. Do you want her maiden name? 15 Q Yes. 16 A Felker, F-e-l-k-e-r. 17 Q Okay. Is she remarried? 18 A I r m not sure. 19 Q Did you have any children to that marriage? 20 A No. 21 Q Do you have any children? 22 A No. 23 Q Do you know where Wendy Kay Felker lives? 24 A Presently? 25 Q Yes. Page 9 1 A Somewhere in York County. 2 Q Is she employed? 3 A I don't know. 4 Q Was she ever employed while you were married? 5 A Yes. 6 Q What was -- to your knowledge, where did she last 7 work? 8 A I'm not sure, but I believe she worked for an 9 insurance company. 10 Q Like in an agency or -- II A She was a clerk in an insurance company. That's 12 all I know. 13 Q You don't know what insurance company it was? 14 A No. It's been awhile, and we were separated. 15 Q All right. Let me start with some questions 16 about your education. You graduated frpm Central Dauphin 17 High School? 18 A Yes. 19 Q What year? 20 A 1975. 21 Q And did you have any schooling beyond high 22 school? 23 A Yes. I attended Harrisburg Area Community 24 College in 1976. 25 Q Okay. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page 1M Page 10 1 A It was like a semester and a half, not quite two 2 semesters. 3 Q When you were at Central Dauphin, were you in the 4 academic curriculum? 5 A Yes. 6 Q Do you know what your class rank was? 7 A No, I don't. 8 Q Do you know if you were in the top half of your 9 class? 10 A I don't know. 11 Q What were you studying at HACC? 12 A Political science and psychology. I wanted to be 13 an attorney at the time. 14 Q And you say you went for one and a half 15 semesters? 16 A Yes, became ill and dropped out. 17 Q So would that have been in the fall of 1977 or 18 when was that? 19 A '76, I believe. I'm not sure though. 20 Q Okay. '76? 21 A I believe. I'm not sure. 22 Q And what was the illness that caused you to drop 23 out of HACC? 24 A I believe it was hepatitis. 25 Q And I know there's different kinds of hepatitis. Page 11 1 What kind of hepatitis did you have? 2 A Well, at the time they -- I was told first it's 3 hepatitis A, and I was quarantined, and then a couple years 4 later my family doctor said I had hepatitis B. I don't 5 know for sure. 6 Q Okay. Who told you it was hepatitis A? 7 A My doctor at the time was Dr. Dougherty. 8 Q D-o-u-g-h-e-r+y? 9 A Yes. 10 Q And where was Dr. Dougherty located? 11 A On Londonderry Road -- 12 Q The first name? 13 A -- in Harrisburg. His first name? 14 Q Yes. 15 A I'm sorry. John. 16 Q Was this a family doctor? 17 A Yes, he was. Yes. 18 Q Is he retired? 19 A Yes, my understanding. 20 Q And how long was Dr. Dougherty your family 21 doctor? 22 A A few years. I'm not sure. 23 Q Let me ask you this. Was he your family doctor 24 while you were in high school? 25 A Yes. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 DAVID GROSS MAY 12,2000 Page 12 1 Q When Dr. Dougherty retired, did someone take over 2 his practice? 3 A What actually happened is he became involved with 4 education for the hospital and didn't take -- and didn't 5 have patients anymore, didn't see patients. 6 Q I'm trying to get a sense of where your records 7 would have gone when he retired. 8 A A Dr. Dennis G. Bechini. 9 Q Spell the last name. 10 A B-e-c-h-i-n-i. 11 Q Okay. 12 A Took his place. 13 Q And did you become a patient of Dr. Bechini's? 14 A Yes. 15 Q Was it also at Londonderry Road? 16 A Yes. 17 Q Is Dr. Bechini still practicing? 18 A No, he has left the state. 19 Q And then when Dr. Bechini left the state, did 20 someone take over his practice? 21 A Yes. 22 Q Who was that? 23 A David Ferner, F-e-r-n-e-r. 24 Q Was he also a family doctor? 25 A Yes. Page 13 1 Q Located at the same place, Londonderry Road? 2 A Yes. 3 Q Were you a patient of Dr. Ferner's? 4 A Yes. 5 Q Is he still practicing? 6 A I believe so. 7 Q Are you still a patient of Dr. Ferner's? 8 A No. 9 Q So you went from Dr. Dougherty to Dr. Bechini to 10 Dr. Ferner, and then who was your family doctor after 11 Dr. Ferner? 12 A I didn't have one. I didn't see one. I have a 13 family doctor now, of course. 14 Q When do you think the last time was -- what year 15 that you saw Dr. Ferner? 16 A Late 1980s, early 1990s. 17 Q Do you believe that Dr. Ferner would still have 18 your records from Dr. Dougherty and Dr. Bechini as well as 19 the records from when he saw you? 20 A I would think so. I'm not sure, but I would 21 think so. 22 Q Did you ever direct Dr. Ferner to transfer your 23 records to any other doctor? 24 A I can't recall. 25 Q What kinds of things did Dr. Dougherty and Page 10 - Page 13 DA VID GROSS MAY 12, 2000 Multi-Page TM Page 14 1 Dr. Bechini and Dr. Ferner treat you for other than the 2 hepatitis? 3 A Stomachaches, chest colds, tetanus shots if you 4 step on a nail, that type of thing, hepatitis, strep 5 throat. 6 Q Without regard to what I'm going to call the 7 minor flus and colds and that type of thing -- 8 A Yeah. 9 Q -- any other major things that they were treating 10 you for? 11 A Dr. Dougherty was my doctor, I believe, when I 12 first had endocarditis which -- yeah. 13 Q Okay. And we're going to talk about that and the 14 hepatitis a little more, but I'm just trying to get an 15 identification of some of the conditions that these family 16 doctors would have treated you for. Anything else besides 17 the hepatitis and the endocarditis? 18 A I don't believe so. I believe that covers it. 19 Q How old were you when you were diagnosed with 20 hepatitis? 21 A I believe somewhere around 18 years old, 19 years 22 old. 23 Q Were you out of high school then? 24 A Yes. 25 Q Okay. And what symptoms were you having that led Page 15 1 to the diagnosis of hepatitis? 2 A Yellow. My skin was yellow. My eyes were 3 yellow. My stool was almost white. I had a stomachache, 4 didn't feel like eating. I felt very tired, and when I 5 passed water it was very dark. 6 Q Okay. And now, what testing was done that led to 7 the diagnosis of hepatitis? 8 A I think he did a blood test. 9 Q This is Dr. Dougherty? 10 A Yes. 11 Q Did he refer you to any specialists for the 12 treatment of the hepatitis? 13 A No. 14 Q So Dr. -- at least initially Dr. Dougherty did 15 the treatment himself? 16 A Yes. 17 Q Do you have an understanding or belief as to how 18 you contracted hepatitis? 19 A Yes. 20 Q How did you contract it? 21 A A friend of mine, a childhood friend of mine had 22 come home from the Army, and he had a party at his house in 23 the basement, and there was a whole bunch of us were there, 24 both classmates and neighbors, et cetera. 25 Q These are classmates from high school? Page 14 - Page 17 Page 16 1 A High school, yes. 2 Q Okay. Who was the friend? 3 A Carl Shomper. .. 4 Q Shomper? 5 A Yes. 6 Q Okay. 7 A And he was serving food, and he was yellow as 8 could be, and we all thought that was odd. 9 Q Okay. 10 A And we all came down with it. A bunch of us 11 did. 12 Q Is that something that you continue to suffer 13 from today? 14 A Hepatitis? 15 Q Yes. 16 A I don't have hepatitis that I'm yellow right now 17 or anything, but I recently have been told that I test 18 positive for hepatitis C. 19 Q Okay. Tell me the differences between hepatitis 20 A, hepatitis B and hepatitis C? 21 A I don't know for sure. 22 Q Okay. What is your understanding of hepatitis 23 C? 24 A It's something that they have newly diagnosed. 25 Q And is it something that evolves from either Page 17 1 hepatitis A or hepatitis B? 2 A I don't know. 3 Q Do you know or have a belief as to how you 4 contracted hepatitis C? 5 A No, I don't. 6 Q Okay. Let me ask it another way. Is it your 7 belief that it stems back to that party at Carl Shomper's? 8 A It may have. It may have. 9 Q Okay. Who was the doctor that diagnosed you as 10 having hepatitis C? 11 A My family doctor at present. 12 Q Who is that? 13 A Michael DeMichele. 14 Q Can you spell DeMichele? 15 A Capital D-e capital M-i-c-h-e-I-e. 16 Q And where is Dr. DeMichele located? 17 MR. MAlUSOW: By the way, did you get our 18 answers, draft answers, because it's all in there. 19 MR. STATLER: Yeah, I know. I understand. 20 MR. MAlUSOW: You just want to do a memory test? 21 MR. STATI,ER: No, I'm just working my way 22 through. 23 MR. MAlUSOW: Yeah, I just sort of figured you 24 could work your way through with information, you know, 25 instead of asking the same questions. Of course it's your HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page 1M Page 18 1 deposition. 2 BY MR. STATLER: 3 Q Thank you. Go ahead. Where is he located? 4 A Internists of Central P A, Lemoyne, P A. 5 Q And how long has Dr. DeMichele been your family 6 doctor? 7 MR. EISENBERG: David, do you want to refer to 8 the answers? Will that help you? 9 THE WITNESS: Yeah, if you have them. 10 MR. EISENBERG: Yes, we do, if we can just refer 11 to the page and the line. 12 MR. STATLER: Okay. 13 MR. EISENBERG: Maybe that will speed things up. 14 MR. STATLER: I think it will slow it down, but 15 that's fine. 16 MR. MA1USOW: If you need dates, we have already 17 supplied this to the defendant. 18 MR. STATLER: And I'm not -- this is not intended 19 to be a memory quiz in terms of, yes, it was 1998 or 1999. 20 I mean, whatever is in the record. 21 MR. MA1USOW: It certainly seems that way. 22 BY MR. STATLER: 23 Q I appreciate that. Whatever his records say, 24 they say. I'm just trying to get a sense of when he was 25 your doctor and when these other doctors treated you. When Page 19 1 did you first start seeing Dr. DeMichele? 2 A Early to mid 1990s. 3 Q Okay. So there was a period of time that you 4 diOO't have a family doctor? 5 A Correct. I didn't have a need for one. 6 Q Okay. What prompted your need to see 7 Dr. DeMichele? 8 A I believe the first time I saw him I had 9 bronchitis, a bad chest cold. 10 Q Okay. 11 A I believe. 12 Q All right. What treatment have you received for 13 the hepatitis? 14 A Way back when, I was in isolation along with a 15 whole lot of other people at the Osteopathic Hospital. We 16 were all in isolation rooms for awhile. I'm not sure how 17 long that was. 18 Q At Community General? 19 A Yes. 20 Q I meant to ask you this before, but have you ever 21 gone by any other name other than David Gross? 22 A That's always been my -- David. 23 Q So you have never had another name that you used? 24 A No, no, my records would be under David Gross. 25 Q Okay. And other than the isolation treatment has HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 DAVID GROSS MAY 12,2000 Page 20 1 there been any other treatment for any of the forms of 2 hepatitis that you have had? 3 A No. Not yet, no. 4 Q Have you discussed with your doctor a potential 5 treatment in the future for the hepatitis? 6 A Hepatitis C, urn, we discussed treatment somewhere 7 down the road with Interferon maybe. 8 Q What symptoms do you have from the hepatitis C? 9 A None. 10 Q How was it diagnosed? 11 A They just -- he did a blood test for everything, 12 a screen, checked me for everything. 13 Q Do you remember when that was done? 14 A Early to mid 1990s. 15 Q All right. Tell me about the endocarditis. What 16 is it? 17 A It's my understanding that it's an infection of 18 the inside of the heart. 19 Q And who told you that, what doctor? 20 A Dr. Dougherty, the first person. 21 Q Do you know how you got this condition? 22 A I'm not sure at this point. There were several 23 theories. 24 Q Okay. What are the -- for your situation, what 25 are the possibilities as to how you contracted this? Page 21 1 A At the time we thought it was from 2 experimentation with N drugs. 3 Q Okay. 4 A I have since found out that all my siblings have 5 damaged heart valves as well as myself, murmurs, and that I 6 should have had antibiotics for cuts, dental work, 7 whatever, and I could have very well gotten it that way, 8 too. 9 Q From? 10 A A congenital murmur, a heart murmur. 11 Q And have you been seen by a specialist for this 12 condition? 13 A Since do you mean? 14 Q Since it was diagnosed, are there other doctors 15 who have been treating you other than Dr. Dougherty for the 16 endocarditis? 17 A At that time? 18 Q At any time. 19 A There was an internist, Dr. Tecau. I'm not sure 20 how you spell the name, and that was a long time ago. I 21 believe that's it. 22 Q When were you diagnosed with endocarditis? 23 A First in 1977. 24 Q What symptoms were you having that led to that 25 diagnosis? Page 18 - Page 21 DA VID GROSS MAY 12,2000 Page 22 1 A Urn, at that time it was a high fever. I felt 2 extremely tired, lethargic. I had an extremely sore 3 throat. 4 MR. MATIJSOW: Is there any relevance to his 5 symptoms in 1977 for endocarditis? I'm never going to be 6 able to stop you obviously. It's your deposition. 7 MR. STATLER: Yeah. 8 MR. MATIJSOW: But the latitude has just been 9 enormous here. 10 MR. STATLER: I wouldn't -- and I know you have 11 not dealt with me, but I wouldn't be asking questions if I 12 didn't have a purpose in mind, so to my knowledge-- 13 MR. MATIJSOW: His symptoms in 1977 have a 14 purpose? 15 MR. STATLER: Again, it's leading me into other 16 questions. That's all. 17 MR. MATIJSOW: I guess what I would ask is you 18 sort of get to the other questions. 19 MR. STATLER: I appreciate that, and I know you 20 weren't here for Mr. Archibald's depositions, but, you 21 know, we let Fred ask as many questions as he wanted, to 22 take as much time as he wanted. 23 MR. MATIJSOW: And it's going to be the same rules 24 here obviously. 25 MR. STATLER: Right. Multi-Page 1M Page 24 1 Q Where? 2 A Community General Osteopathic in Harrisburg. 3 Q And is that the reason that you had to stop 4 attending classes at HACC because of the endocarditis? 5 MR. MATIJSOW: I thought he said the hepatitis. 6 THE WITNESS: I believe it was the hepatitis. 7 MR. STATLER: All right. 8 MR. MATIJSOW: He said that. Now, if you're going 9 to quote him, I guess you really should quote accurately. 10 BY MR. STATLER: 11 Q I misunderstood what he said. He was talking 12 about both things. It was the hepatitis? 13 A I believe. 14 Q How long were you in the hospital for the 15 endocarditis? 16 A Several weeks. 17 Q Do you currently receive treatment for the 18 endocarditis? 19 A I no longer have it. I just -- antibiotics for 20 any deep wounds or cuts. 21 Q So it's -- 22 A And dental work. 23 Q Okay. So it's more prophylactic now? 24 A Yes. 25 Q Preventive? Page 25 Page 23 1 MR. MATIJSOW: But I am sure sometimes you chafe 2 under the bit of where are we going. 3 MR. STATLER: Okay, and we're trying to get 4 there. 5 MR. MATIJSOW: With that said, David, pay no 6 attention to the lawyers. Answer the man's questions, 7 okay? 8 MR. STATLER: I don't -- is there a time limit 9 today? I was not made aware of any time limit. 10 MR. MATIJSOW: No time limit today. 11 BY MR. STATLER: 12 Q Go ahead. 13 A I'm sorry. What were you asking me? 14 Q The symptoms, you were telling me about your 15 symptoms. 16 A Okay. I had the chills and sweating, 17 alternating. 18 Q Okay. And how was that diagnosed, the 19 endocarditis? 20 A I think they did a blood test, and that was how 21 they diagnosed it. 22 Q And what treatment did you receive? 23 A Massive amounts of antibiotics. 24 Q Were you in the hospital? 25 A Yes. Page 22 - Page 25 1 A Yes, yes. 2 Q Is there any damage to your heart? Have you been 3 advised of any damage to your heart as a result of having 4 contracted endocarditis? 5 A There is a mitral valve murmur, and they say I 6 have mitral valve prolapse, but they also say I probably 7 had the mitral valve damage from birth and that this is 8 where -- that's where the disease likes to go if you have 9 an infection. 10 Q And how does that affect you from a functional 11 standpoint? 12 A Not really at all, except taking antibiotics when 13 I go to the dentist or have a deep cut. 14 Q Okay. All right. You mentioned that one theory 15 about the endocarditis was that it had come from 16 experimentation with IV drugs. When did you start to begin 17 using IV drugs? 18 A I had first experimented somewhere around 1977, 19 somewhere in that area. 20 Q And you were at HACC at the time? 21 MR. MATIJSOW: I think he said he left HACC in 22 '76, and he says it's around '77 so -- 23 BY MR. STATLER: 24 Q This was after you left HACC? 25 A I believe. 1 believe. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page 1M Page 26 1 Q All right. And what IV drug did you experiment 2 with? 3 A I don't recall exactly to be honest with you. It 4 was a long time ago. 5 Q What IV drugs have you used? 6 A Have I used? 7 Q Have you used in the past. 8 A Morphine, heroin, cocaine a couple of times, but 9 I don't know if that -- when that was. 10 Q And that was IV? 11 A Yes. I don't know when, when exactly that was. 12 Q Any others? 13 A I can't remember right now. That's what comes to 14 my mind right now. 15 Q What were the circumstances in which you began 16 using IV drugs? What was going on? 17 A I'm not sure I understand. 18 MR. MATIJSOW: He used them. That's -- he has 19 told you he used them. 20 BY MR. STATLER: 21 Q Yeah. I mean, was it part of a social function? 22 Was it part of your job? What was going on? 23 A Oh, no, never my job. It was -- I'm sorry. I'm 24 sorry. I had an older friend, a couple of older friends 25 that lived in the neighborhood, and they introduced me to Page 27 1 it. 2 Q Okay. That's what I'm asking. 3 A And they said it was in vogue, all the rock 4 musicians had done it, and it was supposed to be the cool 5 thing to do, and I was young and dumb. 6 Q And for what period of time did you use IV drugs? 7 You said it started in 1977. How long did you continue 8 using IV drugs? 9 A I experimented off and on. 10 Q And-- II A A couple times. I wasn't really an expert or 12 anything like that. 13 Q Okay. And for what period of time did you 14 experiment off and on? For what years? 15 A Off and on through the late '70s. 16 Q Did you ever use any IV drugs in the 1980s? 17 A Yes. 18 Q When was the last time that you used IV drugs? 19 A Geez. Somewhere around the spring, spring, 20 summer, 1998. 21 Q And what IV drug did you use then? 22 A I believe it was heroin. 23 Q Okay. Was that while you were employed -- 24 MR. EISENBERG: Can we go off the record one 25 second. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 DA VID GROSS MAY 12, 2000 Page 28 1 MR. STATLER: Sure. 2 MR. MA TIJSOW: I want to consult with my client. 3 MR. STATLER: Sure. 4 MR. MATIJSOW: I guess we'll step out. That will 5 be easier than asking everything. 6 MR. STATLER: That's fine. 7 (Mr. Matusow, Mr. Eisenberg, and Mr. Gross confer 8 outside the deposition room from 12:10 p.rn. to 12:11 p.m.) 9 MR. MATIJSOW: My apologies. 10 BY MR. STATLER: 11 Q David, as a result of your conference with 12 counsel outside the room, do you wish to change any of your 13 previous answers? 14 A No. 15 Q Okay. 16 A Not at all. 17 Q You said that you last used heroin in the spring 18 or summer of 1998? 19 A Yes. 20 Q Okay. Were you employed by Linglestown Lighting 21 at that time? 22 A I believe. 23 Q Can you estimate for me in the last five years, 24 say from 1995 till present, how many times you have used IV 25 heroin? Page 29 1 A I can't. I can't answer that. 2 Q You can't even make an approximation? 3 A Many, many. From 1995 through present? 4 Q Yes. 5 A Yes, many. 6 Q And I'll just try to narrow it down a little bit. 7 If we can, we can. If we can't, we can't. More than ten? 8 A 1995 to present, yeah. 9 Q More than 20? 10 A Probably. 11 Q More than a hundred? 12 A '95 to present? 13 Q That would be averaging about 20 times a year 14 over five years. 15 MR. MATIJSOW: Not quite because he said the last 16 time was 1998. 17 MR. STATLER: Correct. 18 MR. MATIJSOW: So it would be from '95 to '98. 19 MR. STATLER: Right. 20 MR. MATIJSOW: So your math is not exactly 21 accurate. 22 MR. STATLER: Okay. 23 MR. MATIJSOW: You keep saying okay, but I would 24 just appreciate a little attempt at being a little bit more 25 accurate, okay, not -- Page 26 - Page 29 DAVID GROSS MAY 12, 2000 . TM Multi-Page Page 30 1 MR. STATLER: That's fine. 2 MR. MAlUSOW: And by the way, I don't think 3 you're doing it on purpose, don't get me wrong, or I would 4 really be angry, but not withstanding that, you're still -- 5 if would you just pay a little bit more attention to the 6 facts. 7 BY MR. STATLER: 8 Q And I appreciate your clarifications and would 9 welcome any corrections that are on the record. And then 10 1995 -- since January of 1995 and spring, summer, 1998, 11 can you estimate for me how many times you have used IV 12 heroin? 13 A Like I said, many, and you said more than 20 or 14 30, and I said probably. 15 Q More than 50? 16 A Probably. 17 Q More than 100? 18 A Probably. 19 Q More than 200? 20 A Possibly. 21 Q Okay. Maybe we could do it this way. How many 22 -- how often, let's try it that way, how often between 23 January of 1995 and the spring, summer of 1998, did you use 24 IV heroin, and this question is intended to be so much per 25 day, so much per week? Page 31 1 MR. MAlUSOW: I'm going to object because he said 2 off and on, and if he says so much per day, you're saying 3 that's 365 days a year. He has given you his best 4 estimate. 5 MR. STATLER: I think this is a fair question. 6 MR. MAlUSOW: No, I don't think it is, because 7 how much per day when he's using it and how many times 8 wasn't he using it. 9 MR. STATLER: Yeah, and he can explain it 10 honestly. If he went a week where he used it every day and 11 then didn't use it for a month, he can explain that. I'm 12 not intending to trip him up or -- 13 MR. MAlUSOW: Let's see where it goes. 14 MR. STATLER: -- create inconsistent answers. 15 I'm just trying to learn information. That's all. 16 MR. MAlUSOW: Let's see where it goes. 17 THE WITNESS: I'm sorry. Would you repeat your 18 question. 19 BY MR. STATLER: 20 Q How often did you use it between January l1f95 21 and the spring, summer of 1998, and you can describe it as 22 being so many times per day, so many times per week, so 23 many times per month, and if there were periods of time 24 that you didn't use it, tell me that as well. 25 A In 1995 it was a lot more frequent than '96, 97 Page 30 - Page 33 Page 32 1 or '98 by far. 2 Q Okay. Why is that? 3 A I hadn I t had treatment. 4 Q Okay. In 1995 then how often were you using it? 5 A Several times a week. 6 Q Okay. All right. And then in 1996? 7 MR. MATUSOW: And, Dave, if you can't, you tell 8 the gentleman. This is not -- you're not required to 9 answer. You do the best you can, if you can't tell him. 10 THE WITNESS: Once the treatment started, not 11 that much. 12 BY MR. STATLER: 13 Q Okay. When did your treatment start? 14 A In the beginning of 1996, in the beginning, 15 somewhere the first few months. It was wintertime. I 16 remember that. 17 Q All right. And have you continued to receive 18 treatment since the early part of 1996? 19 A I was receiving treatment since 1996 until 20 recently. 21 Q When did you stop receiving treatment? 22 A April of this year. 23 Q Were you discharged? 24 A Yes. 25 Q All right. Let me ask the question then maybe a Page 33 1 different way. While you were receiving treatment -- and 2 it's treatment for what? 3 A For an opiate addiction. 4 Q While you were receiving treatment for the opiate 5 addiction -- and that would be from early 1996 until April 6 of 2000? 7 A Vb-hum. 8 Q During that time period, how many times did you 9 use IV heroin? 10 A While under treatment? 11 Q Correct. 12 A It's hard to estimate, but I know for the 13 beginning of treatment for a long, long time none, and then 14 after I was in treatment a long, long time I lost it. 15 Let's see. Maybe a few times. It's -- I went for a period 16 then where there was a few times during that year, a couple 17 times a month here and there. I mean, it was -- I was in 18 the program and doing real well. Then I had periods where 19 I wasn't doing so well, and then I had periods again where 20 I was doing well again. 21 Q Okay. Is there any way to estimate the number of 22 times, given the fact that there were periods that you 23 didn't use it at all and then there were times that you I'm 24 going to say relapsed? 25 A Fell off the wagon. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page TM Page 34 1 Q Okay. Is there any way to estimate the nwnber of 2 times? 3 A I guess we could estimate it and at some point 4 narrow it down, if you want to try with me, and we'll try 5 to think about it, if you give me the time periods. 6 Q Again, it's the treatment time, it's from early 7 1996 through April of 2000, did you use it more than ten 8 times? 9 A Yes. 10 Q More than 20? 11 A Possibly. 12 Q Okay. 13 A Possibly. 14 Q More than 30? 15 A Possibly. I don't think anymore than that. 16 Q Okay. And that's fine. And the reason I wanted 17 to reclarify that is I had asked you some earlier questions 18 about the last five years, not realizing that that included 19 1995 which was before you-- 20 A Had treatment. 21 Q -- had treatment, and obviously the nwnbers were 22 higher? 23 A Oh, yes. 24 Q So in fairness to you I wanted to come back and 25 go over the period of time for the treatment, okay? Page 35 DA VID GROSS MAY 12,2000 Page 36 1 there. 2 Q Okay. And morphine, when was the last time you 3 used that in any form? 4 A Illegally? 5 Q Correct. 6 A Illegally, 1995, maybe. 7 Q Okay. What caused you to seek treatment for your 8 drug use? 9 A To be honest with you, I saw that I was getting 10 older. I met someone that I fell in love with, and I saw 11 some people die around me, my family members who had 12 gotten older and died, and they were very dependent on me, 13 and I just wanted to give them the best possible me that I 14 could. 15 Q Okay. 16 A So it was out of love for my family and this 17 woman that I met. 18 Q And was that Elizabeth Barth? 19 A Yes. 20 Q Was it prompted in any way by any criminal 21 charges or prosecution? 22 A No. 23 Q Where did you first receive treatment for your 24 opiate addiction? 25 A The very first time? Page 37 1 A Yeah. 1 Q Yeah. 2 Q All right. What other illegal drugs have you 2 A It would have been somewhere in the mid 1980s. I 3 used since let's say 1996 other than heroin? 3 believe it was 1987. 4 A None. I don't even drink alcohol. 4 Q And where was that? 5 Q Okay. So for the period of time that you have 5 A Holy Spirit Hospital. 6 been in treatment up to the present, other than the heroin 6 Q Was that inpatient? 7 relapses, you haven't used any other illegal drugs? 7 A Yes. 8 A Nothing illegal, and at present I don't foresee 8 Q For what, for how long? 9 that ever happening again. 9 A It was a couple of days in the detoxification 10 MR. STATLER: Okay. 10 unit. 11 MR. MAlUSOW: Any marijuana? I don't know. 11 Q And then where did you next receive treatment? 12 THE WflNESS: No. 12 A 1990. 13 MR. MAlUSOW: Okay, just making sure. 13 Q Uh-hwn. 14 THE WITNESS: Though I will clarify when I worked 14 A Holy Spirit Hospital. 15 at this one job we would meet at a club, at a bar right 15 Q Again inpatient? 16 after work, and I would have a beer or a cocktail. 16 A Yes, the same place, detox unit for a few days, 17 BY MR. STATLER: 17 and then I left right from the detox unit and went to a 18 Q That's legal though. 18 rehabilitation program. 19 A Yeah, I know, but I had previously said not even 19 Q And where was that? 20 alcohol, but I do remember that. It was only on Fridays -- 20 A It was a 28-day rehab program with Chitchat, 21 Q Okay. 21 Harrisburg, on Vartan Way in Harrisburg. 22 A -- with the boss. 22 Q Did you successfully complete the program? 23 Q All right. When was the last time that you used 23 A Yes. 24 cocaine in any form? 24 Q And I'm sorry. What year was that? 25 A Geez. Possibly 1995, maybe '94, somewhere in 25 A 1990. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\711-393-5101 Page 34 - Page 37 DAVID GROSS MAY 12,2000 Multi-Page TM Page 38 1 Q Okay. All right. And where did you next receive 2 treatment? 3 A It would have been at Discovery House in 4 somewhere in around 1996 as we spoke of. 5 Q And they are located on Cameron Street? 6 A Yes. 7 Q And did you continue to receive treatment from 8 Discovery House between the early part of 1996 and April of 9 this year? 10 A Yes, correct. 11 Q All right. Were you discharged, or how do you 12 terminate the treatment? 13 A I had gone down slowly in dosage, and it was 14 serving me well. I was doing well with that, and then with 15 the accident I was on -- put on large doses of narcotics. 16 Q Right. 17 A And in order for the narcotics to work better I 18 had to reduce the dose even further, and I just thought I 19 could leave the program and I would think I would do well, 20 and my counselor agreed with me, and the doctor agreed. 21 Q Who was your main counselor, and if there was 22 more than one, tell me that, while you were getting 23 treatment at Discovery House? 24 A There have been several. 25 Q Okay. Who is the most recent one? Page 39 1 A Jim Phelps. 2 Q P-h-e-l-p-s? 3 A I believe. 4 Q Like Mission Impossible? 5 A Exactly. 6 Q How about before Mr. Phelps? 7 A There was a lady. There were so many. They 8 don't last very long. 9 Q Okay. All right. How long has Mr. Phelps been 10 your counselor? 11 A Less than a year. 12 Q Who is the doctor? 13 A Bradford Strock, M.D. 14 Q Strock? 15 A S-t-r-o-c-k. 16 Q And how long has he been your doctor through 17 Discovery House? 18 A Since I fIrst went there. 19 Q So he has been the one and only doctor there? 20 A Yes, sir. That's correct. 21 Q And what treatment did you receive? 22 A You receive methadone maintenance and counseling, 23 both individual and group. 24 Q During the period of time that you were working 25 for Linglestown Lighting, were you receiving methadone Page 38 - Page 41 Page 40 1 treatment? 2 A Yes. 3 Q Were you also receiving both individual and group 4 counseling for your addiction? 5 A Yes. 6 Q Now, I want to know about the methadone 7 treatment. How often did you take it? How did you get it? 8 Is it IV? Is it not IV? Just explain it to me. 9 A You must go to the clinic itself between the 10 hours of 5:30 a.m. and 9:00 a.m., present yourself there, 11 stand in line. A nurse buzzes you in through a door, and 12 you get into a secured area where she knows your dose. 13 It's a liquid in a cup. You drink it. Then you pour water 14 into the cup and drink the water right after it. Then the 15 nurse wants you to speak to her to make sure you swallowed 16 it, and then she presses a button, and that door unlocks, 17 and you can leave the premises. It's a very controlled 18 environment. 19 Q And the water in the cup and then the speaking, 20 is that to prevent somebody from taking the methadone out 21 of the facility? 22 A Yeah, and it sounds rather gross, but I guess 23 some people do it. 24 Q And how often -- I mean, was that something you 25 would do on a daily basis? Page 41 1 A That's correct. 2 Q Seven days a week? 3 A Urn, I don't go to the clinic seven days a week. 4 Depending on your status in the program, you get 5 privileges. Most everybody is off on Sunday. You get a 6 take-home bottle with your dose when you come in Saturday, 7 and after you have had clean urines for a specifIc amount 8 of time, and these are federal guidelines, you get weekend 9 privileges which means you get a take-home bottle for 10 Saturday, so Saturday and Sunday you have a bottle at home. 11 You don't have to show up. 12 Q Uh-hum. 13 A And you have to bring those bottles back empty. 14 If you go even longer with clean time which they call it 15 and you're doing well in the program, then you get what 16 they call tri-weekly privileges, and that is that you get 17 -- you only have to come into the clinic three times a week 18 and present yourself in person, and when you do that they 19 give you take-home bottles. For instance, you would come 20 in Monday, Wednesday and Friday. 21 Q Okay. I guess what I'm getting at, was it 22 necessary for you to take the methadone every day? 23 A Yes, that's the whole idea. 24 Q And that was during the entire time that you were 25 receiving treatment through Discovery House? HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page 1M Page 42 1 A That's correct. 2 Q Did the dosages change over time? 3 A Yes. 4 Q The amount? 5 A Yes. 6 Q And I assume that it was a lesser dose and they 7 were basically weaning you; is that -- 8 A It doesn't always work that way. In the 9 beginning you go to a dose that keeps away the symptoms 10 which is the craving and the withdrawal sickness, and it's II individualized for each person. There is a maximum of 80 12 milligrams. The highest I ever was when I first went in 13 was 60. Then over time, some people need more, some people 14 need less. I needed less, and I gradually came down. 15 Q Okay. Did -- while you were taking the 16 methadone, did that cause you to have any symptoms 17 itself? 18 A No. It just kept -- like I said, it kept away 19 withdrawal symptoms and satisfied cravings. 20 Q Did you ever discuss with Scott Collins the fact 21 that you were receiving methadone? 22 A I don't believe. 23 Q To your knowledge, did anybody at Linglestown 24 Lighting know that you were receiving methadone? 25 A I don't believe, nor did they ever ask. Page 43 1 Q Were you taking any other type of medication, 2 either legal or illegal, while you were working at 3 Linglestown Lighting? 4 A During the whole time? 5 Q Yes. 6 A Oh, my. Antibiotics, time to time, going to the 7 dentist, for a cut, whatever. 8 Q Who would have prescribed the antibiotics? 9 A My family doctor or my dentist. 10 Q Who was your dentist? 11 A Harry Aves, A -v-e-s. 12 Q Did you say Harry? 13 A Yes, Dr. Harry Aves, A -v-e-s. 14 Q A -v-e-s? 15 A Yes. 16 Q Where is he located? 17 A Linglestown Road. 18 Q Okay. 19 A And I believe he is a DDS. 20 Q Okay. 21 A Benadryl for allergic reaction for bee stings. 22 I'm allergic to bee stings and foods, certain foods. 23 Q Vb-hum. 24 A So I have Benadryl. I also use Benadryl to go to 25 sleep sometimes when I can't sleep. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 DAVID GROSS MAY 12,2000 Page 44 1 Q Is it prescription Benadryl? 2 A No. It's over the counter. 3 Q Right. Okay. 4 A What else? I was diagnosed with narcolepsy in 5 1998, and I'm not really sure if that's what it was. I 6 don't know. 7 Q Narcolepsy is what? 8 A Excessive daytime sleeping, sleepiness. 9 Q Who diagnosed that? 10 A Urn, Dr. Maria Michalek. II Q Okay. Did somebody refer you to her? 12 A I'm not sure. I don't remember. 13 Q Did you receive treatment? 14 A Well, she gave me medicine to take, and at that 15 time Sinemet was one medicine. I would take that at 16 nighttime before bed, and you said what other medicine did 17 I take? 18 Q Yeah. 19 A She prescribed amphetamines for me. 20 Q For the narcolepsy? 21 A Yes, and I took them a couple times, but I didn't 22 like the way they made me feel, and frankly I don't think I 23 needed them, so I didn't take them anymore. 24 Q All right. Did you ever talk to Dr. Strock as to 25 whether there would be any problem taking any of these .. Page 45 1 other medications -- 2 A Yes, I did. 3 Q Other medication -- just let me finish. Other 4 medications along with your methadone? 5 A Yes. 6 Q And what did he say? 7 A He said about the amphetamines and the Sinemet, 8 he said they would have no effect. They could be taken 9 together, and he saw there was no problem with it. 10 MR. STATLER: All right. Now, you were asked in 11 answer or in interrogatories, in the second set of 12 interrogatories that was submitted, you were asked whether 13 you have ever pleaded guilty to or been convicted of any 14 crime other than traffic violations, and there was an 15 objection raised to that. I would like to explore that 16 with Mr. Gross. 17 MR. MATIJSOW: Well, if we objected at the time of 18 the interrogatories, we're going to object and instruct him 19 not to answer here. 20 MR. STATLER: Okay. 21 MR. MATIJSOW: There is no crimen falsi involved, 22 and accordingly it's not relevant. 23 MR. STATLER: Well, I believe it would be 24 relevant particularly to employment issues, employability. 25 I don 't know -- Page 42 - Page 45 DAVID GROSS MAY 12,2000 Multi-Page TM Page 46 Page 48 I MR. MA1USOW: Those crimes have never been able 1 letter from you indicating that there was a court -- 2 to be brought in on employability. I have never seen a 2 something filed with the court. 3 case. If you can give me a case reference and over lunch 3 MR. STATLER: May lith it was filed. 4 we can look at it, I would reconsider my objection; 4 MR. EISENBERG: SO it was filed yesterday. 5 otherwise, our resistance to this area will continue. 5 MR. STATLER: Correct. Is today May 12th? 6 MR. STATLER: Okay. I mean it's 12:40, 12:40 6 MR. EISENBERG: Would you mind providing me with 7 p.m. I'm not going to take the time in the middle of 7 a copy of it? 8 Mr. Gross' deposition to do research. I'm simply making 8 MR. STATLER: It was sent to you. Sure. For the 9 that offer, and if we could obtain the information it may 9 record here is an extra copy of the motion that was filed 10 avoid having to, A, file a discovery motion and, B, bring 10 May 11. II him back a second day, but I understand your position, and II MR. EISENBERG: Yesterday? 12 that's fine. I also note for the record that we received 12 MR. STATLER: Right. And another copy of the 13 the answers to interrogatories on May 11 th of this year 13 certificate that was signed in the nonjury proceedings, 14 which is -- these were interrogatories that had been filed 14 also filed yesterday, and I'll make a copy of the letter 15 -- 15 that was mailed to you yesterday saying that I filed it. 16 MR. MA1USOW: Your point? 16 MR. EISENBERG: Mr. Statler, I don't need a copy 17 MR. STATLER: My point is these are 17 of that letter. 18 interrogatories that had been filed, sent on March lOth, 18 MR. STATLER: You said you don't have it. 19 and my point is that we didn't have an opportunity to 19 MR. EISENBERG: I couldn't possibly have it here 20 review the answers and to discuss this issue until today. 20 with me. 21 That's the point that I'm making, so the objection is 21 MR. MA1USOW: We have taken a poll here, 22 noted, and I won't ask you anymore questions about that 22 Mr. Statler. It sounds like a lunch break is appropriate. 23 today. We'll deal with it at a later date. 23 What do you think? 24 MR. MA1USOW: Again, without even taking the time 24 MR. STATLER: That's fine. 25 in this deposition, because we'll have a lunch hour, if we 25 (Lunch recess from 12:39 p.m. to 1:16 p.m.) Page 47 Page 49 I reconsider, to send me some authority for your position, I I BY MR. STATLER: 2 will certainly reconsider and supply you with the relevant 2 Q This is pertinent to something that drew an 3 information. 3 objection earlier, so I'll alert Mr. Eisenberg to this, but 4 MR. STATLER: Okay. 4 in the records that I have from Discovery House, it appears 5 BY MR. STATLER: 5 to be a -- I'm going to call it a client intake form. 6 Q There was something that I saw, David, in 6 A Vb-hum. 7 Discovery House records. We have been able to obtain 7 Q The name I can't read, Lori something, it looks 8 limited records from Discovery House without a court order, 8 like, dated January 31, 1996. There's a paragraph that 9 so I'm just -- for the record, I'm telling you I have some 9 begins obstacles to treatment. It says obstacles to 10 of the records and have reviewed them. We're in the 10 treatment include drug history -- I'm sorry -- long history II process of trying to obtain the rest of them, but -- II of addiction -- 12 MR. EISENBERG: You're in the process of trying 12 MR. EISENBERG: I'm not sure that word is long, 13 to get a court order to obtain the rest of them? 13 but it does say include something history. 14 MR. STATLER: Yeah. 14 MR. STATLER: Something history of addiction, 15 MR. MA1USOW: Did you file anything with the 15 looks like lack of drug-free support network, and this is 16 court? 16 the part I want to ask you about, pending legal charges. 17 MR. STATLER: I did. It was sent to you. 17 Would you permit me to ask him about-- 18 MR. EISENBERG: Something with the court? 18 MR. EISENBERG: Again, we're not going to let you 19 MR. STATLER: The motion for a court order. 19 ask, Mr. Statler, anything about any convictions or legal 20 MR. EISENBERG: I have not received any motion 20 charges, and we have answered the interrogatory the way 21 for a court order. 21 that we think is appropriate. 22 MR. STATLER: Did you look at your mail today? 22 MR. STATLER: Okay. 23 MR. EISENBERG: I couldn't possibly, Mr. Statler, 23 MR. EISENBERG: And if you again provide us with 24 look at my mail today, because I was driving to Harrisburg 24 some legal support, we will consider it and then respond. 25 today, but I have my correspondence, and I don't have any 25 MR. STATLER: Okay. Page 46 - Page 49 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page TM Page 50 1 MR. EISENBERG: Okay? 2 MR. STATLER: That's fine. I guess I'll make a 3 copy of this page and attach it as an exhibit. 4 (Discovery House record produced and marked Gross 5 Deposition Exhibit No.1.) 6 BY MR. STATLER: 7 Q The page that I was reading from from the records 8 I have from Discovery House I have marked as Gross No.1. 9 A Uh-hum. 10 Q And I was reading from, yeah, the paragraph that 11 begins obstacles to treatment. I want to ask you some 12 questions about the information contained in the preceding 13 paragraph on that same page, Exhibit No. 1. 14 There is a reference to you working as a high 15 paid escort, and I'm -- I'd like to know about that, 16 when you did that and what kind of money you earned from 17 that? 18 MR. EISENBERG: And again I'm going to instruct 19 Mr. Gross not to answer about this. This is -- again the 20 objection is, Mr. Statler, that I don't think this will 21 lead to any admissible evidence, and I don't see how it in 22 any way, shape or form it relevant to anything in this 23 lawsuit. 24 MR. STATLER: Well-- 25 MR. EISENBERG: But that's an issue we can Page 51 discuss. Instead of you and I going back and forth about it, we can have a motion about it if need be -- MR. STATLER: Yeah. MR. EISENBERG: -- and, you know, resolve it 1 2 3 4 5 then. 6 MR. STATLER: Okay. But just the initial reason 7 I would ask it, it has to do with income earnings, whether 8 it was declared on tax returns, that type of thing. There 9 may be other reasons why it's relevant. 10 MR. EISENBERG: Yes, and we haven't made that 11 part of a wage claim at all, so to the extent it's related 12 to wages, which I am not at all conceding, you'll, I guess, 13 put that in the papers and discuss it, if any papers are 14 necessary. 15 MR. STATLER: For purposes of today you are not 16 permitting me to question him about this subject? 17 MR. EISENBERG: That's right. 18 MR. STATLER: SO you are instructing him not to 19 answer? 20 MR. EISENBERG: That's correct. 21 MR. STATLER: All right. 22 BY MR. STATLER: 23 Q Also in the answers to interrogatories, the 24 second set of interrogatories that we propounded, there 25 were several questions asked about whether you have ever HUGHES. ALBRIGHT. FOLTZ & NATALE 717-540-0220\717-393-5101 DAVID GROSS MAY 12.2000 Page 52 1 suffered any injuries in any accident, either before or 2 after the accident that's described in your complaint, 3 meaning the accident at the house that was under 4 construction, and there were -- there was an objection, I 5 believe, raised to those questions. 6 MR. EISENBERG: Do you want to refer me to what 7 you're talking about? 8 MR. STATLER: Yes. 9 MR. EISENBERG: Is it No. 13? I'm sorry. No.-- 10 BY MR. STATLER: 11 Q Maybe I'm looking at it differently. Let me 12 rephrase that question. There were a number of questions 13 asked about any other legal action that was filed for 14 personal injury, and specifically question No. 20, again 15 referring to the second set of interrogatories, which asked 16 have you ever been involved in any other legal action for 17 personal injury or property damage either as a defendant or 18 a plaintiff? Question 23: Have you ever filed any other 19 suit for your own personal injuries or property damage? 20 Question 28: Prior to this litigation have you ever been 21 party to a lawsuit? Those three questions together -- 22 MR. EISENBERG: And again I'm going to instruct 23 my client not to answer anything about those questions that 24 have been previously asked in discovery and objected to. 25 MR. STATLER: Just for the record, the reason Page 53 1 that I would be asking them would be designed to find out 2 the nature of the suits, whether there was any -- were 3 there any pleadings or testimony that may be inconsistent 4 or contradictory to things that he told me today or will 5 tell me today and also whether the suits involved anything 6 that could be interpreted as crimen falsi and also whether 7 they involved any other personal injury claims from other 8 accidents that may impact on what we're talking about in 9 this case. 10 MR. EISENBERG: Okay. And I have instructed him 11 not to answer those questions. 12 BY MR. STATLER: 13 Q Question 29 in the second set of interrogatories 14 asked whether you have ever suffered any injuries in any 15 accident either before or after the accident referred to in 16 the complaint. Again there was an objection raised. 17 MR. EISENBERG: And the same response. 18 MR. STATLER: Okay. Not permitting me to ask 19 him? 20 21 22 23 24 25 MR. EISENBERG: That's correct. MR. STATLER: SO he is instructed not to answer? MR. EISENBERG: That's correct. MR. STATLER: All right. BY MR. STATLER: Q I would like to talk about your work history a Page 50 - Page 53 DA VID GROSS MAY 12, 2000 Multi-Page TM Page 54 1 little bit, if we can. Maybe it's easier to work 2 backwards, and I'll tell you what I'll do. I will show you 3 a copy of a document that was marked as Collins 1 which 4 was, I believe, your application for employment at 5 Linglestown Lighting, and let's talk a little bit about 6 that. 7 MR. EISENBERG: David, I also will give you your 8 answer to interrogatories, because I didn't see that 9 document in the deposition this morning. I think it would lObe easier to work from what we have answered in this case. l! MR. STATI.ER: Okay. The second set of 12 interrogatories? 13 MR. EISENBERG: That's what I'm looking for. 14 That's correct. Answer to interrogatory No.3 in the 15 second set of interrogatories. 16 BY MR. STATI.ER: 17 Q All right. And I don't want to go through in 18 pain-staking detail each thing, but I do want to ask you a 19 couple questions about them. Linglestown Lighting, you 20 worked there from it says April of '98 to September of '98? 21 A Yes, actively. 22 Q Okay. And that meaning up until the time of your 23 accident? 24 A Right. 25 Q Okay. What job were you hired to do? Page 55 1 A Outside sales rep. 2 Q And what was your understanding of what your 3 compensation was going to be? 4 A He said until the fall which would have been 5 October, from April through October I would be on a 6 training salary of approximately $24,000. 7 Q Vb-hum. 8 A Plus benefits. 9 Q And what were the benefits? 10 A Urn, health insurance, I believe it included 11 hospitalization, that type of thing. 12 Q Any other benefits? Let me give you a list of 13 the ones that Mr. Collins testified to earlier. He said 14 you had a beeper that they provided? 15 A Yeah, yeah. 16 Q I mean, I don't consider that a benefit, but he 17 listed it. You had no dental or eye insurance? 18 A That's correct. 19 Q Okay. No life insurance? 20 A That's correct. 21 Q They did not provide a car? 22 A No. 23 Q And they didn't reimburse your vehicle expenses? 24 A No. 25 Q Okay. How about as far as vacation, was there Page 54 - Page 57 Page 56 1 any for the first six months? 2 A I know I took a vacation, but I'm not sure if I 3 was paid for that or not. 4 Q Okay. 5 'A I had a week. 6 Q And he said no short or long-term disability 7 insurance? 8 A Well, I'm unsure. 9 Q Okay. Have you received any short or long-term 10 disability insurance payments from your employment at 11 Linglestown Lighting? And I'm not talking about workers' 12 compo I'm talking about disability insurance. 13 A No. 14 Q Now, you said it was 24,000 for the training 15 period? 16 A Yes. 17 Q Were there other financial either reimbursements 18 or incentives for you during that training period? 19 A That essentially was it. 20 Q Okay. All right. There had been some question 21 earlier as to whether he was actually paid more. Is there 22 something that I'm missing here? Are you aware of anything 23 else other than the $24,000 salary? 24 A Not that I recall. 25 Q Okay. And what was your understanding of the Page 57 1 duration of the training period? 2 A From April through October. In October I would 3 start another phase. 4 Q And what -- depending on how you did during that 5 six months, what did you think would happen? 6 A Well, if I still had the job in October, then it 7 would change to a draw versus commission. 8 Q Okay. And I know you have had some prior sales 9 experience. Tell me what your understanding of draw versus 10 commission meant. 11 A He would ask me what I needed for my bills, which 12 we agreed would be the 24,000 minimum, and I would continue 13 to draw that salary, and any commissions I made off of 14 sales would go against that, be subtracted. 15 Q Okay. 16 A So I would have to pay back the draw before I 17 would get any commissions over and above. 18 Q Was there the potential for you to make more than 19 24,000? 20 A Certainly. 21 Q Okay. Was anything going to change in terms of 22 your benefits once you got out of that training period? 23 A I don't believe. 24 Q Did you like that job? 25 A Yes, very much. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page 1M Page 58 1 Q What did you like about it? 2 A It was fascinating about the products I learned. 3 I enjoyed meeting people, learning about the industry, 4 outside of the products. 5 Q Tell me what your job consisted of, what you 6 would do on a daily or weekly basis. 7 A I would take a list of contractors and/or 8 apartment complexes, municipalities, anybody that would use 9 lighting in anything other than a personal use, like for a 10 home, but when they would use quantity, and I would call on 11 these businesses or entities, introduce myself, tell them 12 about our products, ask what they are using now, and ask 13 what they would like to change about what they're using now 14 and then show them how my product would meet those needs. 15 Q How did you come up with the list of prospective 16 customers? 17 A Some were provided by Mr. Collins, some I did 18 from the phone book, from the Home Builders Association, 19 from the -- what do you call it -- Chamber of Commerce, and 20 some just from cold calling, knocking on doors. 21 Q During and if there is such a thing as a typical 22 workweek, were you mostly in the office or out of the 23 office? 24 A Mostly out of the office. 25 Q Did you make appointments and then go visit Page 59 1 prospective customers? 2 A Yes. 3 Q Okay. As opposed to just simply knocking on 4 their door cold? 5 A Correct. 6 Q Okay. Did you have any success during that time 7 period? 8 A Yes. 9 Q Okay. Describe that for me. 10 A I had enough success that Mr. Collins wanted to 11 keep me on, and he was excited about the prospect of me 12 working for him. We were both excited about it. 13 Q At the time of your accident was it your 14 intention to continue to work for Linglestown Lighting? 15 A Definitely. 16 Q During the six month, approximate six-month 17 period, five month, six-month period that you worked for 18 Linglestown Lighting prior to your accident, had you ever 19 gone out to any jobsites to inspect the property, to spec 20 lighting, and by jobsites I mean like houses or buildings 21 that are under construction? 22 A While working for Linglestown Lighting? 23 Q Yes, sir. 24 A One time I went to a jobsite that was under 25 construction with Mr. Collins. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 DAVID GROSS MAY 12,2000 Page 60 1 Q Prior to your accident? 2 A Correct. 3 Q When was that? 4 A Oh, shortly after I was hired, I'd say April or 5 May of '98. 6 Q And where was the jobsite? 7 A It was fairly close by. I'm not sure of the 8 exact location, but it was fairly close. By that I mean it 9 was a couple minutes drive. 10 Q Do you know who the contractor was? 11 A Triple Crown Corporation. 12 Q Was this a private home that was being built? 13 A Apartment buildings, I believe. 14 Q Do you remember where they were located? I don't 15 need an exact address, just generally. Were they in Lower 16 Paxton Township? 17 A Yeah, exactly. 18 Q What was the purpose of going out to that 19 jobsite? 20 A Scott wanted to introduce me to these builders 21 who were good friends of his and a solid account, and he 22 wanted me to see how these things were handled. 23 Q Did you go inside the buildings? 24 A First went inside to meet the contractor in his 25 office, and then I believe the contractor, Scott, and Page 61 1 myself went to this building that was under construction, 2 and they talked about different lights, and frankly I was 3 still pretty new to it, so I didn't know a whole lot about 4 what they were talking about, but I saw how Scott handled 5 the situation. I think that's what he wanted me to do. 6 Q And what was Scott's purpose in being there? 7 What was he doing? 8 A I think -- I'm not sure. I think he had sold 9 them a product they were going to use, and he wanted to see 10 if they were satisfied with it, and he was going to ask 11 them about other products closely associated with buildings 12 that they were building. 13 Q Can you tell me what stage of completion the 14 apartment building was when you went there? 15 A It was very muddy around the outside. I believe 16 it had some windows. I'm not sure about doors. I know 17 inside there weren't any finished walls up. I believe the 18 -- I'm not sure if the concrete was poured or not. I'm not 19 sure what the floors were like, in other words. It was -- 20 it was in the very early stages. 21 Q Compare that, if you would, the stage of progress 22 of that apartment building to the house, the spec house 23 where the accident happened. Which one was further along, 24 or were they about the same? 25 A They were two different types of buildings, so it Page 58 - Page 61 DAVID GROSS MAY 12,2000 Page 62 1 would be hard to do that, to be honest with you. 2 Q Okay. We see in these photographs, we marked 3 some photographs as Collins Exhibit 4 and 3, the interior 4 and exterior of the spec house, and particularly with 5 Collins Exhibit 4 you see I'm going to call it framing or 6 studs for walls and doors. Is that representative of how 7 the apartment building was? 8 A I believe what that had was they had concrete 9 walls up. 10 Q Okay. 11 A And I don't remember seeing any of these studs 12 here. They had some windows to the exterior, and I'm not 13 sure about the floor. 14 Q Did they have any uncovered openings in the 15 floor? 16 A We were only on the ground level, and I'm not 17 sure. I don't think it even had another level built. We 18 just walked in through the front opening, I'm not even sure 19 if there was a door there or not, and onto this apartment 20 building. 21 Q Did Scott give you any instructions about how you 22 walk through a construction site? 23 MR. EISENBERG: When are you talking about? 24 MR. STATLER: The apartment building. 25 MR. EISENBERG: Okay. Page 63 1 BY MR. STATLER: 2 Q Or what to look out for or anything like 3 that? 4 A No. I do believe the builder gave us hard hats 5 or maybe Scott had the hard hats, but I know I had to wear 6 a hard hat. It was the first time in my life I had one of 7 those, and that's all I remember. 8 Q Okay. Was that the first time that you were ever 9 on a jobsite for a building that was under construction? 10 A Professionally? 11 Q Or nonprofessionally. 12 A I was at my sister's house while it was under 13 construction. 14 Q When was that? 15 A The 1980s. 16 Q And what phase of construction was it when you 17 were inside her house? 18 A We were painting the walls and putting in 19 outlets, plates covering the outlets, so it was in the 20 ending phase. 21 Q Is that the only other time, other than the 22 apartment complex, the only other time you were in a house 23 or building under construction prior to your accident? 24 A To the best of my knowledge, yes. 25 Q When you were there at the apartment building, Page 62 - Page 65 Multi-Page TM Page 64 1 the Triple Crown project, was Scott specking lighting? Was 2 he specking out lighting? 3 A I think he had sold them some type of lighting 4 for the property, and I don't know if it was inside or 5 outside lighting. 6 Q Uh-hum. 7 A And he was talking about selling them additional. 8 When he went inside he and the builder were talking and 9 pointing around, and I dido't understand what they were 10 talking about. I was still very new. 11 Q Okay. Did anybody give you any warnings or 12 instructions while you were in the apartment building? 13 A Just I had to wear a hard hat and stay close to 14 them, and that was about it. 15 Q Okay. Any instructions to the effect of watch 16 where you're walking or be careful or anything like that? 17 A No. I think they were too engrossed in what they 18 were trying to accomplish. 19 Q That's Scott Collins and the representative from 20 Triple Crown? 21 A Yeah, or the foreman or whoever. 22 Q Okay. And you think that was shortly after you 23 were hired? 24 A Yes. 25 Q Okay. Page 65 1 A Definitely. 2 Q All right. Why did you stop working for Ikon 3 Office Solutions? 4 A When I went to work for Ikon they were Ikon of 5 Mechanicsburg, and they formed a merger. They bought out 6 one of our competitors, and that cut my salary, my 7 reimbursements for mileage, my commissions, and at the same 8 time demanded that we learn more products and sell more 9 products, so you were doing more work for less, and I 10 didn't think that was a fair deal. 11 Q It says you worked for Ikon from 1997 through 12 March of 1998? 13 A Yes. 14 Q Do you remember when in 1997 you started working 15 for Ikon, like what part of the year? 16 MR. EISENBERG: I think that may, Mr. Statler, be 17 reflected on the W-2. 18 THE WITNESS: Yes. It was early in '97. I know 19 that. 20 BY MR. STATLER: 21 Q It would be reflected on the W-2? Okay. So you 22 worked there a year or more? That's what I'm really 23 getting at. 24 A Yes. 25 Q Okay. As opposed to, you know, coming on at the HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page 1M Page 66 1 end of '97 and leaving in March of '98. 2 A Exactly. 3 Q Okay. And you were a salesperson marketing 4 representative. What were you selling? 5 A Office equipment. 6 Q Copiers, faxes? 7 A Correct. 8 Q Did you have a particular territory that you were 9 responsible for? 10 A Yes. 11 Q And what was that? 12 A Cumberland County, Northern York County, and a 13 portion of Perry County. 14 Q Did you sell a lot of copiers or faxes in Perry 15 County? 16 A No. 17 Q Do you remember what your earnings were at Ikon, 18 what they started out to be and what they -- just ballpark? 19 Again this is not meant to be a memory test or, you know, 20 to set up some kind of inconsistent statement. It's just 21 ballpark. 22 A It was a draw versus commission thing, and it was 23 plus bonus. It was in the late teens, early twenties, so 24 it could have been anywhere from 19,000,24,000, somewhere 25 in there. Page 67 1 Q And that included everything? 2 A They gave you -- they also included reimbursement 3 for mileage. You received $200, I believe that's what the 4 figure was, per month for towards gasoline and maintenance 5 of your car. 6 Q Used your own car? 7 A Yes. 8 Q Okay. So that the figure that you gave, the 9 19,000 to 24,000 did not include the mileage reimbursement? 10 A That was -- I wasn't sure whether it was included 11 or not, so that would make the figure jump. 12 Q Oh. 13 A So yes. 14 Q All right. Who was your supervisor at Ikon? 15 A My first supervisor was a Tim Feeman, 16 F-e-e-m-a-n. 17 Q And who was -- who was your last supervisor? 18 A Rick Fleck. 19 Q F-I-e-c-k? 20 A That's correct. 21 Q Now, it looks like before you worked at Ikon you 22 worked for Pitney Bowes? 23 A That's correct. 24 Q And what did you do for them? 25 A Sold copiers. HUGHES. ALBRIGHT. FOLTZ & NATALE 717-540-0220\717-393-5101 DAVID GROSS MAY 12.2000 Page 68 i Q And that was for about -- well, December of '96 2 to February of '97, three months? 3 A Thereabouts. 4 Q Why did you stop working at Pitney Bowes? 5 A Ikon sort of stole me. I had to travel a much 6 greater distance for work for Pitney Bowes. 7 Q Okay. Ballpark figure, what was your earnings at 8 Pitney Bowes? 9 A Essentially the same. 10 Q As Ikon? 11 A Yes. 12 Q The same type of products? 13 A Urn, Pitney Bowes only sold copiers period. Ikon 14 sold faxes as well. 15 Q And the one that's listed before that -- before I 16 get to that, who was your supervisor at Pitney Bowes? 17 A Marc Surette. 18 Q Spell it. 19 A M-a-r-c, S-u-r-e-t-t-e. 20 Q Before working for Pitney Bowes, it looks like 21 from your answers to interrogatories you were employed by 22 Personnel Pool of Allentown doing business as Medical 23 Personal Pool? 24 A Yes. 25 Q What was that? Page 69 1 A Medical Personnel Pool. 2 Q Oh, Personnel Pool? 3 A Yes, they were a temp agency. 4 Q Did you actually work in Allentown? 5 A No. 6 Q How long did you work for Personnel Pool? 7 A A couple months. I don't know. 8 Q Okay. What were you doing for them? 9 A I was a clerk for Nationwide Insurance. 10 Q In what department? 11 A I don't know. I'm not sure. It was-- 12 Q Underwriting, claims, do you know? 13 A No, I don't know. 14 Q How much were you being paid while you worked at 15 the Personnel Pool? 16 A Mid to upper teens. 17 Q Was it a salaried position? 18 A It was per hour. 19 Q But it translated into mid to upper teens? 20 A Yes, yes, if you worked there a year, yes. 21 Q And who was your supervisor when you worked at 22 Nationwide, if you can remembe~? 23 A I don't recall the gentleman's name at this 24 time. 25 Q Okay. And it looks like you also worked at Page 66 - Page 69 DA VID GROSS MAY 12, 2000 Multi-Page 1M Page 70 1 Montgomery Ward in 1996. 1 2 A Yes. 2 3 Q Was that at the same time that you worked at 3 4 Personnel Pool or before Personnel Pool? 4 5 A I'm not sure how that worked out. 5 6 Q Okay. This was at the Camp Hill Shopping 6 7 Cenrer? 7 8 A That's correct. 8 9 Q You were a sales clerk? 9 10 A Yes, I sold electronics, TVS, stereos. 10 11 Q How long did you work for Montgomery Ward? 11 12 A Several months. 12 13 Q I meant to ask you, why did you stop working at 13 14 the Personnel Pool? 14 15 A My position was rerminared. 15 16 Q Terminared by who? 16 17 A I think the company was moving, and it was a 17 18 remporary position. Personnel Pool was a temp agency. 18 19 Q Oh, okay. Did Nationwide offer you a position 19 20 there? 20 21 A In Ohio. No. 21 22 Q Oh, this was in Ohio? 22 23 A No, they were moving to Ohio. 23 24 Q Who was? 24 25 A Nationwide, the section that I was working in was 25 Page 71 1 going to be transferred, all that work to Ohio. 2 Q Okay. 3 A So they just wanted temps. 4 Q I got you. Who was your supervisor at Montgomery 5 Ward? 6 A I can picture him, but I can't remember his name. 7 I believe his first name was Gary. 8 Q And how much were you earning at Montgomery Ward? 9 A An hourly wage plus commission and bonus. 10 Q What was your average weekly gross? 11 A I don't recall to be honest with you. 12 Q Okay. Why did you stop working at Montgomery 13 Ward? 14 A It was a seasonal thing. 15 Q This was, what, during Christmas? 16 A Yeah, I believe it was. 17 Q Okay. 18 A Yeah. 19 Q And the one that precedes that, SHS Temps, 20 Electronic Data System, also 1996. What was that? 21 A A te1emarketer for EDS. 22 Q What did you do? 23 A I think we called people on behalf of AT & T and 24 wanted them to switch to AT & T as their phone carrier. 25 Q So I may have hung up on you one day? Page 70 - Page 73 Page 72 A Most likely. Q How long did you work for EDS? A A couple months. Q Do you remember how much you were being paid? A Again, this was also so much per hour and, you know, 6, 8 bucks, whatever an hour, plus you got a bonus if you made your numbers at the end of the week. Q Okay. Why did you stop working there? A I can't recall. Q Do you remember who your supervisor was? A No, but I know I hated the job. Q Okay. Now, the next one that's listed skips back three years to 1993, and now we're at Montgomery Ward again, Montgomery Ward & Company, major appliance sales in Harrisburg, so there was a period of time in '93 that you worked for Montgomery Ward and then worked for them again in '96. Is that true? A Yes. Q Okay. What were you doing for a job between 1993 and 1996, in other words, between the Montgomery Ward job and the SHS Temps, Electronic Data System job? A I was taking care of people that were dying, providing hospice care. Q Where was that? A In their homes, relatives. Page 73 1 Q Your own relatives? 2 A Yes. 3 Q Okay. Were you being paid for that? 4 A Yes, they paid me. 5 Q And who were the relatives? 6 A My aunt. 7 Q What was her name? 8 A Vicki, Aunt Vicki. My grandmother, Helen. 9 Q Are these people since deceased? 10 A Yes. 11 Q Okay. What -- how was it derermined or how was 12 it decided that you were going to be the one to take care 13 of them? 14 A I volunteered. 15 Q Did you have any previous training or experience 16 in either nursing or hospice type care? 17 A Yes. 18 Q Okay. Tell me about that. 19 A I worked for Harrisburg State Hospital as a 20 psychiatric technician. 21 Q When was that? 22 A 1979 through 1986, I believe. 23 Q For about six or seven years? 24 A Yes. 25 Q As a psychiatric technician? HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717- 393-5101 Page 74 , 1 A Yes. 2 Q And what does a psychiatric technician do? 3 A You assist nursing with administration of 4 medication, and you observe and record behavior. You help 5 the patients with daily living. 6 Q Do you have to have any schooling or 7 certification in order to be a psychiatric technician? 8 A Yes. 9 Q And what schooling or certification or training 10 did you have prior to that? 11 A They provided the training at the Harrisburg 12 State Hospital, and I was awarded a certificate. 13 Q When was that approximately? 14 A 1979. 15 Q How long of a training period is that? 16 A Several weeks. 17 Q So you went to the Harrisburg State Hospital in 18 1979 and took a several weeks training course, obtained a 19 certificate, and then began working as a psychiatric 20 technician? 21 A That's correct. 22 Q And how much were you earning during the time 23 that you worked for the Harrisburg State Hospital? 24 A Somewhere in the mid teens, and then when I left 25 it was the upper teens, maybe early twenties even. Page 75 1 Q Why did you stop working for the Harrisburg State 2 Hospital? 3 A I dido't like the job anymore. 4 Q What was it about the job you dido't like? 5 A Bum out. 6 Q Do you know Dr. Bob Davis? 7 A No. 8 Q Does that ring a bell? 9 A No. 10 Q Okay. What job did you take then after you left 11 Harrisburg State Hospital? This would be in '86. 12 A Worked for the Commonwealth of Pennsylvania, 13 Department of Medical Assistance. 14 Q Doing what? 15 A Temporary position as a Medical Assistance Worker 16 1. 17 18 19 20 21 22 23 24 25 Q How long did you work there? A Several months. It was almost a year, I believe. Q How much were you earning? A Or maybe even more. Q How much were you earning? A In the late teens, early twenties. Q Okay. Who was your supervisor? A Steve Wetzel, W-e-t-z-e-l. Q Does he live in Hampden Township? HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page 1M DA VID GROSS MAY 12,2000 Page 76 1 A (Witness shrugs shoulders.) 2 MR. EISENBERG: You are indicating you don't 3 know, Mr. Gross? 4 THE WITNESS: I don't know. 5 BY MR. STATLER: 6 Q Thank you. Why did you leave that job? 7 A It was a temporary position. 8 Q And? 9 A The financing was cut, but shortly right after I 10 was out for like a couple weeks, I was brought back in and 11 promoted. 12 Q Okay. What job did you hold next after the 13 Department of Medical Assistance? And this would be -- I'm 14 gathering this would be about the 1987 timeframe? 15 MR. EISENBERG: No, I think we were up to about 16 1989. 17 THE WITNESS: Yes, somewhere in there, yeah. 18 MR. EISENBERG: And it looks likes Cellular One, 19 David, is the next. 20 THE WITNESS: Yes. 21 MR. STATLER: Hang on a second. 22 MR. EISENBERG: I'm hanging. 23 MR. STATLER: Harrisburg State Hospital 1979 to 24 1986. I did not write that down correctly. 25 THE WITNESS: It was late '86, early '87, Page 77 1 something like that. 2 MR. EISENBERG: He said it was about 1986, and 3 I'm looking here on a resume that says 1987, so he wasn't 4 quite sure if it was '86 or not. 5 MR. STATLER: All right. 6 MR. EISENBERG: Again I want to be clear that 7 we're not pinning him down. It's not a memory test. 8 MR. STATLER: No. 9 MR. EISENBERG: No. 10 MR. STATLER: I'mjust trying to make sure we 11 have all the jobs. 12 MR. EISENBERG: Fine. The next one here that's 13 indicated on the resume anyway is 1987 to '88, and that was 14 working in that Medical Assistance that you have previously 15 described, then from 1988 to '89 is the Department of . 16 Public Welfare, again Office of Medical Assistance. 17 MR. STATLER: Okay. 18 MR. EISENBERG: And it looks like 1990 is the 19 Cellular One job. I'm reading from what you provided us 20 today as Collins 1. 21 MR. STATLER: And I purposely did not use Collins 22 1. 23 MR. EISENBERG: I'm just doing this to try and 24 expedite this. 25 MR. STATLER: I know. I know. I'm just saying Page 74 - Page 77 DAVID GROSS MAY 12,2000 Multi-Page TM Page 78 1 to be fair I purposely did not use Collins 1 because 2 earlier you said you wanted him to work from the answers to 3 interrogatories. 4 MR. EISENBERG: I didn't know we were going back 5 this far, Mr. Statler, or I would have used this. I didn't 6 know we were going back to the 1970s. 7 BY MR. STAlLER: 8 Q Okay. And after the Department of Medical 9 Assistance -- let me look at Collins 1. We'll try to move 10 things along. 11 MR. EISENBERG: If you look back in the last 12 pages there's a CV. 13 BY MR. STAlLER: 14 Q Got you, okay. Cellular One? 15 A Uh-hum. 16 Q What did you do for Cellular One? Just as it 17 says on your resume, sales of cellular communications 18 products? 19 A Exactly. 20 Q How much were you earning there? 21 MR. EISENBERG: Approximately, David. 22 TIlE WITNESS: 25 to $35,000. 23 BY MR. STAlLER: 24 Q All right. That was a big jump for you? 25 A Well, that included reimbursement for clothing Page 79 1 and automobile expenses. 2 Q Who was your supervisor? 3 A Pat Gift. 4 Q G-i-f-t? 5 A Yes. 6 Q A man Pat or a woman Pat? 7 A It's a woman. 8 Q How long did you work there? 9 A Several months. 10 Q And why did you stop working at Cellular 11 One? 12 A There was a recession. Business was down. They 13 were going to layoff people, and my numbers fell, and I 14 wasn't making the money. 15 Q Then you went to National Image Consulting 16 Experts? 17 A That I s correct. 18 Q And you owned that company? 19 A That was me. 2D Q Tell me about that company. 21 A We would call on businesses and sell them image 22 consulting aids which would include uniforms, maybe 23 business cards, maybe it would be commercial time where I 24 would use commercials. 25 Q You did that for it looks like two years, 1991 Page 78 - Page 81 Page 80 1 and 1992? 2 A Yeah, a little over a year. 3 Q How much did you earn in that small business? 4 A It was a long time ago. 5 Q Approximately? 6 MR. EISENBERG: If you don't know, you don't 7 know. 8 THE WITNESS: Yeah, I don't know. 9 BY MR. STATLER: 10 Q Okay. Then it looks like from 1992 to 1996 you 11 worked at the geriatric and hospice assisted-living 12 program; is that right? 13 MR. EISENBERG: I think he has described that as 14 taking care of his -- 15 THE WITNESS: Yes, right. 16 MR. EISENBERG: -- aunt and taking care of his 17 grandmother. 18 THE WITNESS: Yes, my relatives. 19 BY MR. STATLER: 20 Q Oh, okay. All right. That wasn't a separate 21 company? 22 MR. EISENBERG: Correct. 23 BY MR. STATLER: 24 Q Okay. All right. Then it was Pitney Bowes? 25 A That's correct. Page 81 1 Q All right. Have you worked anywhere since this 2 accident? 3 A No. 4 Q Have you applied for any jobs since this 5 accident? 6 A No. 7 Q Do you believe that you would be capable of 8 performing any type of employment at this time? 9 A No. 10 Q Why not? 11 A Pain, difficulty in using my right arm, 12 difficulty in walking. 13 Q Slow down. Let me get a list here. Pain, 14 difficulty using right arm? 15 A Right arm. 16 Q Okay. 17 A Difficulty walking, sitting or standing for any 18 period of time. It's very painful. 19 Q Okay. Are you receiving Social Security 20 disability benefits? 21 A I have applied, just applying for it. 22 Q How recently? 23 A I have the application with me. i haven't 24 finished it yet. 25 Q Okay. Are you still receiving workmen's HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page TM DA VID GROSS MAY 12,2000 Page 82 Page 84 1 compensation benefits? 1 Q Are you right hand dominant? 2 AYes. Excuse me. I need to take a pain pill. 2 A Yes. 3 Q Go ahead. If, in fact, if you want to take a 3 Q And what was the injury, your understanding of 4 break, it's fine. 4 the injury that you suffered to your right ann in this 5 A Yes. 5 accident? 6 MR. EISENBERG: Let's take a break for a second. 6 A Fractured my shoulder. 7 (Recess from 2:03 p.m. to 2:15 p.m.) 7 Q Did you land on your shoulder? 8 (Question and answer read.) 8 A I don't know. 9 BY MR. STATLER: 9 Q Okay. And what problems do you have with your 10 Q And how much are you receiving? 10 right ann, functional problems? 11 A I believe it's just over $600, $603, something 11 A Like I said, just sitting here with my ann still 12 like that. 12 it hurts like hell. Moving my ann is painful above my 13 Q Per? 13 head, carrying anything, pushing anything. Some days are 14 A Two weeks. 14 better than others. Today is a very bad day. 15 Q 603 every two weeks? 15 Q Well, having said that, is it such a bad day that 16 A In that neighborhood, yeah. 16 you feel that we should not continue with the deposition? 17 Q Okay. Are you receiving any other type of 17 A No. 18 benefit, anything else that would be an income type? 18 Q Okay. I just want to make sure because I know we 19 A No. 19 took a break and you took a pain pill, I guess, some kind 20 Q So your total income source is workers' 20 of pill. Are you comfortable enough to continue? 21 compensation, approximately 603 every two weeks? 21 A Yeah. 22 A That's correct. 22 Q Are you sure? 23 Q Okay. Has that amount been the same since the 23 A Yeah, absolutely. 24 accident? 24 Q Because I told you before I want you to be 25 A That's correct. 25 comfortable. What is the medication that you take? Page 83 Page 85 1 Q Has Erie Insurance suggested to you that there 1 A For which one? 2 were any jobs that they felt you could perform? 2 Q The one you took today during the break? 3 A No. 3 A MS Contino 4 Q Okay. All right. I want to talk to you about 4 Q What is it? 5 the day of the accident and ask you to describe how it is 5 A MS Contino 6 -- 6 Q C-- 7 MR. EISENBERG: Off the record for one second. 7 A O-n-t-i-n. 8 (Discussion held off the record.) 8 Q And what is that? 9 BY MR. STATLER: 9 A It's a pain pill. 10 Q Mr. Gross, you mentioned that there were three 10 Q Who prescribes that? 11 reasons why you were not capable of performing any type of 11 A The pain doctor, Dr. Santo. 12 employment, and you said pain, difficulty using your right 12 Q Is that information contained in the answers to 13 ann, and difficulty walking, standing or sitting for any 13 discovery? 14 period of time? 14 A Yeah. 15 MR. EISENBERG: I think that was really a summary 15 MR. EISENBERG: I'm sure it was. 16 of what's wrong with Mr. Gross, and obviously his medical 16 BY MR. STATLER: 17 records go into great detail about the severity of these 17 Q Okay. Jean Santo, Capital Area Pain Management? 18 injuries. 18 A That's correct. 19 THE WITNESS: One thing I forgot to mention is I 19 Q All right. How about as far as the difficulty 20 have memory problems, short-term memory. 20 walking, sitting, standing, what part of your body causes 2 I BY MR. STATLER: 21 you problems with walking, sitting or standing? 22 Q All right. Tell me about the difficulty with the 22 MR. EISENBERG: Mr. Gros~, why don't you show 23 right ann. 23 Mr. Statler your foot. I think it would help him in 24 A It's very painful when I don't use it and even 24 understanding the injury that you sustained in this 25 more so when I do use it. 25 accident. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Page 82 - Page 85 DAVID GROSS MAY 12,2000 Page 86 1 MR. STATLER: Okay. 2 TIlE WITNESS: I will show you my normal foot and 3 then my injured foot. 4 MR. STATLER: All right. 5 TIlE WITNESS: First of all, you see how my 6 sneakers, one has a crease and one doesn't. 7 MR. EISENBERG: Show him. 8 TIlE WITNESS: This one has a crease when I walk. 9 This one doesn't. 10 BY MR. STATLER: 11 Q You are indicating your right shoe has a crease. 12 What would you call that? 13 A From walking. 14 Q Yes, but as far as the area just below the laces? 15 A (Demonstrating.) 16 Q You are showing me your left foot and leg. All 17 right. Describe for me what I'm looking at. It looks 18 dark. 19 20 21 22 23 24 25 MR. EISENBERG: Is that as you understand it, Mr. Gross, a vascular problem? TIlE WITNESS: This is scarring from fracture blisters. This is a vascular problem (indicating). BY MR. STATLER: Q Why don't we for the record clarify what you're pointing to. You are indicating the top of your foot and Page 87 1 the side, on the outside around the ankle and also on the 2 inside, what I'll call the instep again toward the ankle is 3 from what? 4 A Fracture blisters, it's scarring. 5 Q Okay. Is that -- has it been like that since the 6 accident? 7 A Yes. 8 Q Has it gotten worse? 9 A It's stayed the same. 10 Q Okay. Do you have any knowledge as to whether 11 that will get worse? 12 A It will stay the same forever from what I 13 understand. 14 Q Okay. I don't know what fracture blisters are. 15 A I didn't either. 16 Q What are they? What's your understanding of what 17 they are? 18 A The force of the impact was great enough that it 19 caused my foot to have these blisters that they treat like 20 third-degree burns. 21 Q Okay. 22 A And it felt like -- they said it would feel like 23 somebody had third-degree burns, and they treat it as such, 24 and it scars like somebody with third-degree burns. 25 Q And do you have any treatment currently for Page 86 - Page 89 Multi-pageTM Page 88 1 that? 2 A No. 3 Q Do you have to apply like any kind of topical 4 ointment or anything? 5 A Cocoa butter and Vitamin E. 6 Q Okay. And there was another part that you said 7 was something else? 8 A That's this area, this mottling (indicating). 9 Q Now, you are pointing to your lower shin area 10 above the ankle, going up your calf in the front? 11 A Yes. 12 Q And what is that? 13 A This mottling is damage to the blood vessels in 14 my leg. It doesn't allow normal circulation, and it also 15 causes it to retain fluid which is why you can see the 16 holes when I push. They stay there (demonstrating). 17 Q All right. 18 A And the shininess. 19 Q What treatment do you receive for that currently? 20 A I'm supposed to keep my legs -- both legs have 21 that. I'm supposed to keep my legs elevated above my heart 22 as much as possible, and I should have special stockings 23 that are real tight that they prescribed. 24 Q Like lobe's, they are called lobe's stockings? 25 A Yes, lobette stockings or something, and I'm Page 89 1 supposed to watch for blood clots. Particularly if I cough 2 up blood or if I start to have a bad coughing spell and 3 start throwing up blood, I'm supposed to call an ambulance. 4 Q Has that happened? 5 A No. 6 Q Okay. Now, just for the record the injured foot 7 you're looking at is your left foot? 8 A Yes. 9 Q And from behind is there anything with regard to 10 your heel? There's a bump back there? 11 A That's two screws that are now inserted in my 12 foot. 13 Q Okay. Are you able to weight bear on that foot? 14 A Sometimes, yeah. 15 Q But-- 16 A Sometimes not at all, I can't stand to have 17 anything even touch it. 18 Q Okay. All right. Now, I think I can understand 19 the standing and walking portion. Does sitting affect your 20 foot? 21 A In that it's resting on the floor or against 22 something, it's very painful. When I have. that kind of 23 pain I have to elevate it with pillows under my calf so 24 that my foot doesn't touch anything at all, not even a 25 cover over top, nothing. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page TM Page 90 1 Q Okay. All right. How much time -- 2 MR. EISENBERG: You can put your sock back on, 3 Mr. Gross. 4 MR. STATLER: Yes. 5 MR. EISENBERG: And your shoes. Why don't we 6 wait a moment. Thank you. 7 MR. STATLER: Yes. Let I S go off the 8 record. 9 (Discussion held off the record.) 10 BY MR. STATLER: 11 Q Where were we before? We were talking about the 12 sitting, standing. Are you okay? 13 A Yes. 14 MR. EISENBERG: Fine. 15 BY MR. STATLER: 16 Q In a given day how much time do you spend with 17 your right leg or right foot elevated? 18 A Oh, I outside of sleeping, assuming eight hours 19 for sleep, sixteen hours awake, eight to ten hours with it 20 elevated. 21 Q Not counting the sleeping? 22 A Not counting the sleeping. 23 Q Okay. Can you just tell me briefly what a 24 typical day is for you now in terms of what you do from the 25 point that you get up? Page 91 DAVID GROSS MAY 12, 2000 Page 92 1 A Oh, last month. 2 Q Okay. So you spend eight to ten hours with your 3 foot elevated. What kind of things do you do? 4 A Off and on. Read, write, I have a journal I 5 keep, write, writing. 6 Q Have you kept a journal since the accident? 7 A Pretty much. 8 Q And does the journal include entries regarding 9 the accident or the injuries that you suffered? 10 A No, it doesn't talk about the accident. It's 11 mainly what appointments I have that day, if I'm having a 12 good day or a bad day, that type of thing. 13 Q Okay. Did you keep a journal before this 14 accident? 15 A When I was younger, yeah. 16 Q I mean at the time of the accident were you 17 keeping a journal? 18 A No, no, no. 19 Q Okay. And how long after the accident did you 20 start keeping a journal? 21 A Shortly after because I realized I had memory 22 problems, to help me remember things. 23 Q What else do you do in a typical day? Do you 24 read? 25 A Sometimes watch TV, sometimes I play my guitar if Page 93 1 A Get up, shower, shave, put on clothes. 1 I can, and I pray. I'll go to church. 2 Q I'm going to interrupt you. You are able to do 2 Q What church do you go to? 3 those things? 3 A St. Patrick's Cathedral, usually the 12:00 noon 4 A Most times, yeah. 4 Mass. 5 Q Okay. All right. Then what? 5 Q Okay. 6 A Go to any doctor's appointments or physical 6 A And come back home and more reading. 7 therapy if that's involved, elevate my foot after physical 7 Q Who prepares the meals for you? 8 therapy or any doctor's appointments. 8 A Sometimes Elizabeth does, my fiancee. Sometimes 9 Q Are you currently receiving PT? 9 her mother will come over and prepare it. Sometimes my 10 A No, I'm having surgery in a couple days, so it 10 parents come over and prepare them. Sometimes I do, but I 11 stopped. 11 don't get into anything too -- usually just a microwave 12 Q What surgery? 12 thing for me. 13 A To my foot. 13 Q Do you do any type of what I'm going to call 14 Q Okay. Who is going to do that? 14 household type activities? Do you do any cleaning or -- 15 A Dr. Juliano, the same guy. 15 A No, Beth would kill me. 16 Q At Penn State Geisinger? 16 Q Who? 17 A Uh-hum. 17 A Beth would kill me because I just can't do it. 18 Q Okay. And what's the nature of the surgery? 18 Q Are you able to drive a car? 19 A I don't know. He just said he's going to try to 19 A Yeah. 20 correct it. 20 Q And what kind of a car do you have? 21 Q Trying to correct what? 21 A Uh, 1986 Dodge 600. 22 A The pain and the way it works so that it will 22 Q Is that standard or automatic? 23 work better for me. 23 A Automatic. 24 Q Okay. When did you last receive physical therapy 24 Q What's the farthest trip you have taken in a car 25 for your foot? 25 since the accident? HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Page 90 - Page 93 DAVID GROSS MAY 12,2000 Multi-Page 1M Page 94 1 A The farthest trip I've driven or been a 2 passenger? 3 Q Either one. 4 A To Philadelphia to see my attorney. 5 Q Okay. And did you drive there? 6 A No. 7 MR. EISENBERG: Off the record. 8 (Discussion held off the record.) 9 BY MR. STATLER: 10 Q Okay. What's the furthest you have driven since 11 the accident? 12 A I forgot to add something. My fiancee drove me 13 to the shore in the summer, last year. 14 Q Okay. But as far as your own driving the car, 15 what's the farthest you've driven? 16 A My house to Colonial Park, to my parents' home. 17 Q Okay. 18 A About five miles. 19 Q All right. Now, in the answers to 20 interrogatories you list doctors that you continue to treat 21 with. First you say Dr. Scott Lynch, Hershey Medical 22 Center, approximately once every four to six weeks? 23 A Depending on where I'm at in the surgery. 24 Q What kind of a doctor is Dr. Lynch? 25 A Sports medicine, orthopedic surgeon. Page 95 1 Q And has he operated on you? 2 A Yes, on my shoulder several times. 3 Q Okay. Is he the main person for the shoulder? 4 A Yes. 5 Q And you last saw him on April 20th? 6 A Yes. 7 Q Okay. Is there any surgery anticipated or any 8 other treatment for the shoulder at this time? 9 A For the shoulder, no, just a wait and see. I'm 10 still healing from the last surgery. 11 Q When was your last surgery on the shoulder? 12 A The end of February, 2000. 13 Q Okay. And did Dr. Lynch perform that? 14 A Yes. 15 Q Okay. And Dr. Santo, Capital Area Pain 16 Management? 17 A Yes. 18 Q Is that a pain specialist? 19 A Yes. 20 Q And is that a female doctor? 21 A Yes. 22 Q And what does she do for you? 23 A She's an anesthesiologist who helps me with 24 choice of anesthesia for operations, and she prescribes all 25 and any pain medication. Page 94 - Page 97 Page 96 1 Q And you last saw her on April 4th? 2 A I saw her May 4th, I believe, this year. 3 Q Okay. May 4th. Have you ever had any type of 4 nerve block treatment or anything like that? 5 A Urn, I don't believe because I don't know what 6 you're talking about so -- 7 Q Like an injection or anything, epidural or nerve 8 block? 9 A For surgery I had an epidural. 10 Q I mean like for pain control. 11 A No. 12 Q Okay. And Dr. Juliano, what kind of a doctor? 13 A Orthopedic surgeon specializing in foot and ankle 14 traumatology. 15 Q Is he a partner of Dr. Lynch's? 16 A No, he's a professor of foot and ankle 17 traumatology. 18 Q Okay. 19 A And a surgeon. 20 Q How many times has Dr. Juliano operated on you? 21 A Two so far, going on three. 22 Q Both times to the left foot, the left ankle? 23 A Yes. 24 Q And approximately when were the surgeries? 25 A A couple days after the accident, I believe it Page 97 1 was two days or three days after the accident. 2 MR. STATLER: Just go off the record a minute. 3 (Discussion held off the record.) 4 BY MR. STATLER: 5 Q So the first time he operated, Dr. Juliano 6 operated on your foot was a couple days post accident? 7 A Yeah. 8 Q And when was the last time? 9 A The end of May last year, I believe it was the 10 last week or so of May. 11 Q The end of May of 1999? 12 A Yeah. 13 Q What was the first surgery? What did they do? 14 A I don't remember. I was out of it, but they tell 15 me he just stabilized it and inserted a screw. 16 Q And the second surgery was what? 17 A Taking that screw out, rotating my foot to try to 18 get it flat. He put a pin through my second toe after he 19 broke it. He shaved some bone, and he put two screws 20 through my foot. 21 Q And both of those surgeries were done at Hershey 22 Medical Center? 23 A Yes. 24 Q And then you have another one scheduled coming 25 up? HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Page 98 1 A Wednesday. 2 Q Wednesday. I certainly wish you luck with that 3 one. 4 A Thank you. 5 Q Now, we had the shoulder surgeries? 6 A Yes. 7 Q How many? 8 A Three so far. 9 Q Okay. And I meant to ask you when they were and 10 what they consisted of. When was the first one? 11 A January of 1999. 12 Q The first one? 13 A Yes. 14 Q Okay. And what did that involve? 15 A Arthroscopic surgery. He shaved some bone, 16 repaired a rotator cuff, and that's all I can glean from 17 it. I'm sure there was other stuff. 18 Q When was the second one? 19 A November 3rd -- second or third week of November, 20 I believe, 1999. 21 Q What was that surgery? 22 A Arthroscopic shoulder surgery from Dr. Lynch. 23 The first guy was Dr. Herbert. Did I say that? 24 Q No. Rex Herbert? 25 A Rex Herbert, yeah, and then he said my injuries Page 99 1 were beyond his capability and sent me to Dr. Lynch. 2 Q Okay. Where was the Herbert surgery done? 3 A Community General Osteopathic. 4 Q Okay. I was going to say I didn't think he had 5 privileges at Hershey. And the third surgery to the 6 shoulder? 7 A February of this year. 8 Q And what was that? 9 A The end of February. First arthroscopic surgery 10 and then conventional incision surgery, back to back. 11 Q Done at Hershey? 12 A Yes. 13 Q Okay. Have you had any other surgeries other 14 than the three on your shoulder and the two to date on your 15 foot? 16 A No. 17 Q Okay. What other injuries -- I was going ask you 18 about the accident and I will, but what other injuries did 19 you suffer from the accident other than the injuries to 20 your right shoulder and the injuries to your left foot and 21 by foot, ankle, leg? 22 A I had fractures in my pelvis, two areas. 23 Q Okay. How was that treated? 24 A I don't recall. 25 Q Did you have surgeries? HUGHES, ALBRIGHT, FOLTZ & NATALE 111-540-0220\111-393-5101 Multi-Page 1M DA VID GROSS MAY 12,2000 Page 100 1 A No. 2 Q Okay. To your knowledge, have the pelvic 3 fractures healed? 4 A I believe so. I still have pain, but yeah. 5 Q Well, that was going to be my next question. Do 6 you still get pain in your pelvis? 7 A Yeah, above my right buttock, and I have trouble 8 starting a urine stream which is the other area that was 9 fractured. 10 Q You get pain above your right buttock and 11 difficulty starting urination? 12 A Yes. 13 Q And you say that was the other area that was 14 fractured? 15 A Yeah. 16 Q Meaning what? 17 A It was in that area that my pelvis, was the other 18 -- I don't know what they call it. 19 Q Okay. How often do you get pain above your right 20 buttock? 21 A Periodic, off and on. It's hard to say. 22 Q Is any doctor treating you for that or following 23 you for that? 24 A The pain doctor gives me pain meds but that's -- 25 Q But I mean as far as specifically concentrating Page 101 1 on the area above the right buttock -- 2 A No. 3 Q -- is anybody examining it, evaluating it, 4 testing it or anything like that? 5 A Dr. Juliano keeps on top of it but... 6 Q How about as far as the urination, difficulty 7 starting a urine stream, why is that? 8 A I don't know. 9 Q Has any doctor told you why? 10 A I had some difficulty before the accident, and 11 now it's even worse. 12 Q Is it related to -- to your knowledge, is it 13 related to a nerve injury of some sort or not? 14 A Possibly. 15 Q Okay. Are you receiving any treatment for 16 that? 17 A There's a urologist that I'm seeing. 18 Q Who is that? 19 A William Daiber, D-a-b -- D-a-i-b-e-r. 20 Q And what is Dr. Daiber doing for you? 21 A Urn, he's giving me medicine to help, and he's -- 22 if I have problems I see him. . 23 Q Do you take some type of medication for that? 24 A At night, yeah. 25 Q What do you take? Page 98 - Page 101 DAVID GROSS MAY 12, 2000 Page 102 1 A Cardura, four milligrams. 2 Q You haven't had to catheterize yourself, have 3 you? 4 A No, no, God willing, no. 5 Q What other injuries did you suffer in the 6 accident? We talked about right shoulder, left foot, ankle 7 area, pelvis. 8 A 1 had some scrapes and abrasions all over the 9 place, I mean knees and all over the place, and I had a 10 big -- on my head, trauma to my head, it was a big lump, 11 and my eye was swollen shut. 12 Q The scrapes, the abrasions, the lump on your 13 head-- 14 A Head trauma. 15 Q -- did those things heal by themselves? 16 A Yeah. 17 Q What I'm asking is did you have to have any 18 surgery or any other specialized treatment for those? 19 A No, no. 20 Q Any other injuries, areas of the body that were 21 injured in this accident? 22 A Geez, I'm not aware of that right now. 23 Q Okay. 24 A I think we've covered them. 25 Q All right. Tell me about your memory problems. Multi-Page TM Page 103 1 A When the accident happened I was out of it for 1 2 about two weeks. I didn't -- I was not aware of my -- I 2 3 have no recollection what happened. People that talked to 3 4 me said I wasn't myself. They thought I was out of it. 4 5 Q Were you knocked unconscious? 5 6 A Yes. 6 7 Q What is your first memory after the accident? 7 8 A Right after the accident n I remember taking a 8 9 step and talking to Scott, and the next thing I was lying 9 10 in this funny position, my head, my face on the ground and 10 11 on concrete and dirt (indicating). 11 12 Q You are indicating you were lying with the right 12 13 side of your face on the ground? 13 14 A Right, and I'm thinking where the hell am I, how 14 15 did I get like this? 15 16 Q Okay. 16 17 A And then trying to move, and I was in pain which 17 18 was tremendous, and then the next thing I remember I was 18 19 waking up in Hershey Medical Center and it was like two 19 20 weeks later, and I was like how did I get here, what's 20 21 wrong with me, and, you know, I was looking at myself, and 21 22 what are all these things, what's up? 22 23 Q Okay. Have you been told that you were 23 24 unconscious for two weeks? 24 25 A They just used the term I was out of it. I was 25 Page 102 - Page 105 Page 104 1 not -- I was unconscious, I guess. 2 Q Or maybe unaware? 3 A I don't remember. I don't know. 4 Q Okay. In terms of the memory problems that you 5 have, when did you ftrst start noticing that you were 6 having memory problems? 7 A Right after the accident. 8 Q And I think you described them as short-term 9 memory problems? lOA Um, well, right after the accident I had all II kinds of memory problems, but even now, short-term 12 memory. 13 Q What does that mean to you? What does it mean 14 when you say you have short-term memory problems as opposed 15 to long-term memory problems? What does that mean? 16 A Unaware of conversations that just happened 17 whether minutes ago, last night or a couple days ago. 18 I can't remember certain things that block out, as 19 well as things in my past, recent past I just can't 20 remember. 21 Q Has any doctor told you why that happened, why 22 you're having this? 23 A Yes, the neurologist. 24 Q Dr.-- 25 A Michalek. Page 105 Q Michalek? A Michalek. Q What did she say? A It was from my head trauma, and she said it was an amnesia. Q Did you receive any treatment for that? A She just examines me closely. No, that's about it. She examines me periodically to make sure everything is okay, I guess. Q Is there any type of medication you take for that? A For the memory? Q Yes. A No. Q Has Dr. Michalek given you any opinion as to whether that will improve over time? A She says she really doesn't know. It mayor may not. Q Did you have a fractured skull? A I don't believe, no. Q Say in the last six months -- let's just start -- let's ask it this way. From January, 2000, until the present, do you think your short-term memory has stayed the same, gotten worse or gotten better? A About the same. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Page 106 1 Q Okay. And how about from the September of 1999 2 until January of 2000, the same question, is it about the 3 same? 4 A It's about the same. 5 Q Okay. Is it the same now as it was say a month 6 after the accident? 7 A Yes. 8 Q Okay. So it's basically been the same since the 9 accident? 10 A Correct. 11 Q All right. Now, let's talk about the day of the 12 accident. What do you remember in terms of talking to 13 Scott Collins and arranging to go out to this property? 14 A That morning when I spoke to Scott he said I was 15 to be at the store at 3 0' clock, and we were going -- he 16 was going to take me with him to spec some lighting for a 17 development, a housing development, and he said I was to 18 meet him at the store, and we would go out there together, 19 and he was going to teach me some things. 20 Q Vb-hum. 21 A So I met him and we did just that. He drove me 22 to there. 23 Q When Scott first talked to you about going out to 24 do this, was this on the telephone? 25 A I don't recall if it was in person or on the Page 107 1 phone. I'm not sure. 2 Q Do you think that was the morning -- the same 3 day, the morning of the accident? 4 A Yes. 5 Q And you met Scott then at Linglestown Lighting 6 around 3:00? 7 A Yeah. 8 Q Had you been out on the road -- 9 A Yeah. 10 Q -- that day? 11 A Vb-hum. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EISENBERG: Is that a yes, Mr. Gross? TIlE WITNESS: Yes, yes, uh-hum. MR. EISENBERG: Okay. BY MR. STATLER: Q What time did you and Scott leave Linglestown Lighting to go to the jobsite? A It wasn't at three o'clock. I know that. We were there for awhile, and so between 3:30 and 4:30. I don't know, somewhere in there. Q Did Scott tell you where you were going? A No, he didn't specify. Q Did he tell you who the builder was? A He said they were friends of his, and he did say it was Archibald Builders and asked me if I had ever called HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page 1M DAVID GROSS MAY 12,2000 Page 108 1 on them, and I said no, I don't believe I have. 2 Q Okay. That's where I was going to go with that 3 question. Had you ever had any dealings with Larry or Tim 4 Archibald before that day? 5 A Never met them. 6 Q Never talked to them on the phone? 7 A Never. 8 Q Okay. Never went to any of their jobsites? 9 A No. 10 Q All right. How long did it take to get from 11 Linglestown Lighting to the jobsite where the accident 12 happened? 13 A Maybe a 10 to IS-minute drive, something like 14 that. It wasn't far. 15 Q And who drove? 16 A Scott did. We went there in his van. 17 Q Were you wearing sunglasses that day? 18 A While I was driving, yes. I don't wear 19 sunglasses unless I'm driving as a rule. I don't like 20 them. 21 Q Okay. On the ride over to the property where the 22 accident happened, did you not have sunglasses on? 23 A That's correct. 24 Q Did you have sunglasses with you? 25 A Yes. Page 109 1 Q And where were they? 2 A Usually I keep them in my pocket here 3 (indicating). 4 Q Shirt pocket? 5 A Yeah. 6 Q Okay. Did you talk with Scott on the way over to 7 the property? 8 A Yes. 9 Q What did you talk about? 10 A Small talk about how the day was going, both 11 retail in the store, and he said it was slow, and he asked 12 me how I was doing, and I was excited about several people 13 I had gone to see. I don't remember exactly who they were, 14 but I was excited about that, I remember. I was sort of 15 wishing that we didn't have to go here because I was really 16 doing well that day. It was like a lucky day for me. 17 Q Vb-hum. 18 A And I asked him what these guys were building, 19 what kind of development was it, what kind of lights were 20 we going to try to sell them and just that kind of thing, 21 and he said, well, it's a pretty big development. The 22 homes are nice homes, relatively ~xpensive, and there were 23 several builders that were building there, not just the 24 Archibalds, but that the Archibalds were doing a lot of 25 building, and he wanted to spec lights for them. Page 106 - Page 109 DAVID GROSS MAY 12,2000 Multi-Page TM Page 11 0 1 Q Uh-hum. And had there ever been a prior occasion 2 other than what you told us about the apartment complex for 3 Triple Crown, had there ever been a prior occasion where 4 you went with Scott Collins or anybody from Linglestown 5 Lighting out to a jobsite to spec lighting? 6 A One other time, it was on the West Shore. R.D. 7 Mechanicsburg I guess is the address, rural Mechanicsburg, 8 and it was a lady's backyard. She had like a gazebo, a big 9 gazebo, and it was to put lights around that gazebo. 10 Q Okay. 11 A And it was a palace. It was really nice. 12 Q Okay. Now, that wasn't ajob under construction? 13 A Construction site, no. 14 Q So was there ,ever another occasion where you went 15 out to a j obsite under construction to spec lighting? 16 A No. 17 Q All right. While you drove over to the jobsite, 18 did Scott place or receive any telephone calls on his cell 19 phone? 20 A When we got there we couldn't find the place. 21 There weren't any house numbers, and I think there were 22 street signs up, but we couldn't tell one house from the 23 next, so we couldn't find this house, and we drove around, 24 and we were both frustrated because we were driving around 25 for quite a bit. Page 111 1 Q When you say for quite a bit, for how long? 2 A More than five or ten minutes. I mean we were 3 really looking at just about every place we could, and we 4 were getting very frustrated, and then he said wait, I'll 5 place a call, and I'll find out, and he called somebody, 6 and they told him to look for an A painted on a board 7 laying out in front of the house, and that would be the 8 house. 9 Q Do you know who Scott called? 10 A I thought it was the Archibald brothers. That's 11 who I believe it was. 12 Q Okay. Today Mr. Collins testified that he had 13 called back to Linglestown Lighting. 14 A Okay, it may have been. 15 Q Okay. In any event, after he placed the call did 16 you find a house that had an A? 17 A Yeah. 18 Q What time do you think it was when you located 19 the house that had the A? 20 A 4:00 or 5 o'clock, somewhere in that time period. 21 Q And what did you do? 22 A He pulled the van up and said there's the place. 23 He looked at it. We got out of his van, walked towards it. 24 I remember it was sort of muddy in the yard. There wasn't 25 any grass growing or anything. Page 11 0 - Page 113 Page 112 1 Q Let me interrupt you. What was the weather like? 2 A It was partly sunny, yeah. It was sunny, yeah. 3 It was sunny out, and it was a typical autumn day. There 4 was a nip in the air. 5 Q Still light out? 6 A Oh, yes, yes, 7 Q Okay. What did you do then? You said you got 8 out of the van? 9 A We walked towards the house, and I remember 10 avoiding some mud, and Scott walked up. He was in front of 11 me, of course. And he pushed this door open and entered. 12 Q Is that the door that is shown on -- what is 13 that -- Collins Exhibit 3 in the upper left? 14 A I think so, yeah. I think so. 15 Q Now, what I wanted to ask you about that door was 16 you see in that picture there's a handle, a knob -- 17 A Yeah. 18 Q -- on the door. Was there a knob on the door 19 that day, the day of your accident? 20 A I didn't -- I don't think so. I'm not positive, 21 but I don't think so. 22 Q Okay. But in any event Scott was able to gain 23 entry just by pushing the door open? 24 A Yeah, I think he just (indicating) -- I don't 25 remember him messing with a doorknob or anything. I think Page 113 1 we sort of (witness snaps fingers). Right, right. 2 Q And you are indicating he pushed forward and the 3 door opened? 4 A Yeah, just pushed the door right open. 5 Q And again looking at Collins Exhibit 3, the 6 photograph in the upper left, there does not appear to be 7 any step in front of the door. Is that how it was, that 8 there were no front steps in place? 9 A That's correct. I don't remember any steps, 10 no. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How did you get up into the house once the door was pushed open? A I don't know if there was a board that we walked up on, like a plank, or if we just simply stepped up. I'm not sure, but I know there was no steps. It wasn't finished. There wasn't a sidewalk or steps, and there was no grass. It was just very crude. Q Okay. Was anybody at the house when you arrived? A No. Q Did you see any workmen or anybody that you now know to be affiliated with Archibald Builders? A No. Q Okay. All right. Who went into the house first? A Scott did. HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page 1M Page 114 1 Q Okay. And was it through the front door of the 2 house? 3 A Yeah. 4 Q Okay. Did you go in after him? 5 A Yeah, I was right behind him a couple steps. 6 Q Did you have any conversation with Scott before 7 you went in about what to expect once you got inside the 8 house? 9 A No, I was just -- 10 MR. EISENBERG: Other than what he has testified 11 to about specking out lighting and what they were going to 12 do? 13 MR. STAlLER: Right. 14 THE WITNESS: No, he just said we were going to 15 spec out lighting, and I didn't know what to expect inside. 16 I know it wasn't finished, so that was about it. 17 BY MR. STAlLER: 18 Q How did you know it wasn't finished? 19 A Well, you could see from the outside of the house 20 that there wasn't, you know -- it wasn't a finished house. 21 I didn't think there would be walls drywalled up. I didn't 22 think so, and I didn't think they would have a nice 23 linoleum floor or anything like that. 24 Q Looking at the photographs that are shown on 25 Collins Exhibit 4, do they show the condition of the Page 115 1 development, meaning the walls, the -- 2 MR. EISENBERG: You are just talking about 3 generally, aren't you, Mr. Statler, not about specifically 4 as to the placement in the house of -- 5 MR. STAlLER: No, generally meaning that there 6 were-- 7 MR. EISENBERG: Studs. 8 BY MR. STAlLER: 9 Q I'm going to call them studs, studs up without 10 drywall and that type of thing? 11 A That, that's pretty much what I remember. 12 Q Okay. And are these representative of the 13 approximate stage of construction that this house was in 14 when you went in? 15 A Yeah, you know, but it was sort of dark in there. 16 Q Okay. Tell me about that. 17 A It wasn't -- it wasn't brightly lit. There 18 wasn't a light on or anything, so we were going from 19 outside to inside. 20 Q Uh-hum. 21 A And I needed to have my eyes adjust. 22 Q Okay. 23 A I remember that. 24 Q How much time do you think elapsed from the point 25 that you stepped inside the house until the time that you HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 DAVID GROSS MAY 12, 2000 Page 116 1 fell in the hole? 2 A A couple minutes. 3 Q You say a couple, two, three? 4 A Definitely less than ten I would, yeah. 5 Q Between five and ten? 6 A Possibly. I'd say under ten minutes. 7 Q Had your eyes adjusted to the inside of the 8 house, to the lighting inside the house prior to your 9 fall? 10 A I don't recall, because I remember looking up, 11 and he was pointing upward, and I was still like trying to 12 see exactly what he was pointing to, and that's where I 13 was looking, and he was talking and he was walking, and I 14 was trying to follow with him, and the next thing I know I 15 took a step (witness snaps fingers), and I'm laying 16 sideways. 17 Q Were you looking upward when you fell? 18 A Yeah. 19 Q Is that yes? 20 A Yes. 21 Q And were you looking upward when you stepped into 22 the hole? 23 A Yeah, yeah. 24 Q What were you looking at? 25 A Where he was pointing and what he was talking Page 117 1 about. 2 Q Do you recall what that was? 3 A The ceiling, where he was going to put lighting I 4 guess. 5 Q That's really what I was going to ask. Was the 6 discussion that you were having about the location of the 7 type of lighting that was going to be specked? 8 A Yeah, it was like we could use this here and 9 maybe down a little bit further we might want to put this, 10 and you know, and -- 11 Q Uh-hum. 12 A That type of thing, and maybe this is where the 13 room will end, maybe this is the foyer or maybe this is a 14 room (indicating). I mean, that's basically what he was 15 talking about, and I was trying to follow him, and I wasn't 16 used to that type of thing. 17 Q Okay. And as you're describing that to me you're 18 gesturing with your left hand and you're pointing. Is that 19 what Scott was doing? Was he pointing upward? 20 A Exactly, like this (indicating). 21 Q And you were looking up to where he was -- 22 A Yes. He is doing like this,. moving his finger, 23 his arm (indicating). 24 Q I have to describe that for the purpose of the 25 record. You're pointing upward with your arm and waving Page 114 - Page 117 DA VID GROSS MAY 12, 2000 Multi-Page TM Page 118 1 your hand with your index finger extended pointing to 2 different things, waving it back and forth? 3 A That's correct. 4 Q And that's what Scott was doing? 5 A Yes. 6 Q And you were trying to follow that? 7 A Yes. 8 Q With your eyes? 9 A Yes. 10 Q Okay. All right. Showing you the photographs 11 that were marked as Collins Exhibit 3 this morning, and 12 again they're four photographs, specifically the one in the 13 lower right corner, and I'll represent to you that the area 14 that is outlined with the red marker was outlined by Scott 15 this morning, Scott Collins, to represent the perimeter of 16 the opening, the hole that was in the floor. 17 Now, I realize in this photograph it's covered 18 with plywood, and I also did the same thing on the 19 photograph in the bottom right of Collins Exhibit 4, so the 20 bottom right of Collins 3 and the bottom right of Collins 21 4, what's outlined in red is what he outlined to show where 22 the opening was, okay? I'm just orienting you. 23 A Sure. 24 Q Now, I also asked him to draw in green the path 25 that you took when you came into the house, walked in, to Page 119 1 the point where you stopped and were standing before you 2 stepped into the hole, and he did that in green on both 3 pictures. Do you see that? 4 A Yes. 5 Q Okay. Now, what I want to ask you is do those 6 pictures fairly and accurately depict the path of travel 7 that you took when you came into the house before you 8 stepped into the hole? 9 A Possibly. I don't recall, but possibly. It's 10 very possible. 11 Q Okay. And I asked Scott specifically with regard 12 to the path of travel whether he intended to show that you 13 actually walked around the opening of the hole, and he said 14 yes, that's what he intended to show. Now, what I want to 15 ask you is did you walk around the opening in the floor 16 before you took the step that ultimately caused you to fall 17 in? 18 19 20 21 22 23 24 25 A I didn't know there was an opening there. Q Okay. Tell me about that. A I didn't know there was an opening there. We walked in, and he was pointing up and talking, and I was following, like I said, where he was pointing and listening to what he was saying. Q Okay. A And the next thing I know (witness snaps Page 118 - Page 121 Page 120 1 fingers). 2 Q Prior-- 3 MR. EISENBERG: The next thing you know, 4 Mr. Gross, you fell into the hole? 5 THE WITNESS: Yes. 6 MR. EISENBERG: Is that what the snapping was to 7 indicate? 8 THE WITNESS: I landed. I don't remember 9 falling. I don't remember falling. I just remember lying 10 there looking. 11 BY MR. STATLER: 12 Q Okay. Thank you. Prior to falling in the hole, 13 is it your testimony that you did not see this opening in 14 the floor? 15 A That I s correct. 16 Q Is it also your testimony then that you did not 17 intentionally walk around the opening in the floor? 18 MR. EISENBERG: Objection. I think he has asked 19 and answered that question. I think Mr. Gross has 20 testified he didn't see the hole twice now. 21 THE WITNESS: I didn't know there was a hole 22 there, so I didn't know I walked around anything. 23 BY MR. STATLER: 24 Q Okay. All right. Do you have any explanation as 25 to why you didn't see the hole? Page 121 1 A I was looking where he was pointing. 2 Q Okay. Well, when you first came into the house, 3 was Mr. Collins pointing up at the ceiling? 4 A When we first walked in he immediately put his 5 head back and was looking straight above himself 6 (indicating), and he started to point, and I walked like -- 7 I was beside him. I think I might have went to the side of 8 him or out of his way where he was pointing and looked up 9 where he was pointing. 10 Q In this photograph, Collins Exhibit 3, the lower 11 right photograph, do you agree that when you came into the 12 house that you walked to your left? 13 A I don't recall. 14 Q Okay. All right. So you don't -- do you recall 15 any path of travel that you took? 16 A I remember being behind him entering, and once we 17 entered I was still behind him. 18 Q Okay. 19 A Where from there I don't recall. 20 Q Okay. And by that are you saying that you don't 21 recall if you went one direction and he went a different 22 direction or whether you went the same direction? 23 A Correct. I don't know if he was there and I was 24 here or whether we were both in one spot or another. I was 25 just looking where he was pointing (indicating). HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Page 122 1 MR. EISENBERG: And again he is indicating 2 pointing to the ceiling. 3 BY MR. ST A TI.ER: 4 Q Pointing upward, yeah. Do you recall walking 5 some distance inside the house and then stopping and 6 standing for a period of time before you stepped into the 7 hole? 8 A I remember coming inside the door, and I was like 9 right beside him. We were touching almost, and then I 10 don't know if he walked further or if I walked a little bit 11 further just so we weren't on top of each other. That's 12 when he started the pointing. 13 Q What I'm asking and you may not remember this, 14 but what I'm asking is do you have a recollection of 15 walking a certain number of steps -- 16 A No. 17 Q Let me finish question. 18 A I'm sorry. 19 Q A certain number of steps inside the house and 20 then stopping for some period of time and then later taking 21 a step into the hole, do you have any recollection of 22 that? 23 A No, I don't. 24 Q Okay. Do you dispute that that may have 25 happened? Page 123 1 A It's-- 2 MR. EISENBERG: Mr. Gross has testified that he 3 doesn't recall, so if he doesn't recall I don't think that 4 constitutes a dispute. 5 MR. STATI.ER: Okay. 6 MR. EISENBERG: But-- 7 BY MR. ST A TI.ER: 8 Q Are you saying that it didn't happen or are you 9 saying you just don't know? 10 A I don't know. Anything could have happened. 11 It's possible. 12 Q Okay. All right. Did Scott -- did you have any 13 conversation at all with Scott Collins when you were in the 14 house about being careful? 15 A Not that I recall. 16 Q Did you have any discussion with Scott Collins 17 while you were in the house about the hole, about the 18 opening in the floor? 19 A Certainly not. No, I don't recall. 20 Q Did he say to you, you know, something to the 21 effect of be careful, watch out for that opening or 22 something like that? 23 A I don't recall that. 24 Q Do you know how many steps you took before you 25 went into the hole? HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page TM DAVID GROSS MAY 12,2000 Page 124 1 A No, I don't. 2 Q What's your next recollection after you -- well, 3 after you went into the hole? Do you actually remember 4 stepping and falling? 5 A No, sir. 6 Q Okay. You remember looking up? 7 A Yep, and he was talking to me, and the next thing 8 I know (witness snaps fingers), I'm lying there, and my 9 words were -- excuse my French. 10 MR. EISENBERG: No, no, David, we will excuse 11 your French. 12 BY MR. STATI.ER: 13 Q Yeah. What did you say? 14 A How the heck, where the heck am I, what happened? 15 Q Right. Okay. 16 A And he said hold on, and then my next 17 recollection is he was like rubbing me on my back saying 18 you're going to be okay, you bumped yourself pretty good. 19 I'll get an ambulance for you. And the next thing I 20 remember I'm in Hershey two weeks later. 21 Q Okay. All right. In Mr. Collins' deposition 22 this morning he said that when the two of you got into the 23 house he said to you be careful. Do you recall that? 24 A He may have. 25 Q Okay. Page 125 1 A But he said that to me a hundred times, all kinds 2 -- around the store even. 3 Q And while you were inside the house did you have 4 your sunglasses on? 5 A No. 6 Q Were they still in your pocket? 7 A Yes. 8 Q Okay. Was it so dark inside the house that you 9 couldn't see where you were walking? 10 A I don't think so. I was looking up so my -- I 11 wasn't looking at the ground, if that's what you mean. My 12 attention was up where my boss was pointing and talking, 13 because I was intent on learning, and that was the purpose 14 of me being there, to learn, so my direction was wherever 15 he was pointing, and I was trying to take every word he was 16 saying about that and learn. 17 Q Okay. We see -- 18 A I was focussed. 19 Q Okay. We see in at least in a couple of the 20 photographs, the ones in the bottom right of Collins 21 Exhibit 4 and Collins Exhibit 3, we see some windows above 22 the doorway. 23 A Okay. 24 Q And I'm just trying to get a sense of whether 25 there was some light coming into that building that enabled Page 122 - Page 125 DAVID GROSS MAY 12, 2000 Multi-Page TM Page 126 1 you to at least see where you were walking or whether it 2 was so dark that really you were walking in the dark? 3 A No, it was light enough to make out Scott, to 4 look at the beams. 1 saw the beams. I saw that there 5 wasn't a wall in. I saw there was a hole in the door. 6 Yeah, there was light, but it wasn't as nearly as light as 7 it was outside. 8 Q Right. 9 A My eyes had to adjust. I remember that they were 10 adjusting. 11 Q All right. Okay. Have you ever talked to either 12 Larry or Tim Archibald about this accident? 13 A Never, never met them. 14 Q Are you aware of any statements made by Larry or 15 Tim Archibald about the accident? 16 A What do you mean, to me? 17 Q To you or to anybody, like has someone said to 18 you I heard Larry Archibald say this or I heard Tim 19 Archibald say that or anything like that? 20 MR. EISENBERG: Obviously other than your 21 attorney, Mr. Gross. 22 BY MR. STATLER: 23 Q Yes, not your attorney. 24 A No. 25 Q And have all of your medical expenses been paid Page 127 1 by workmen's compensation? 2 A Thankfully, yes. 3 Q Do you have an estimate -- 4 MR. EISENBERG: I will provide you with one, 5 Mr. Statler. 6 MR. STATLER: -- as to what the current amount 7 of the medicals -- 8 MR. EISENBERG: (Nods head up and down.) 9 MR. STATLER: I noticed in the answers to 10 interrogatories-- II MR. EISENBERG: I think we updated with an 12 additional almost $19,000. 13 MR. STATLER: Right. 14 MR. EISENBERG: And I'm not sure if that's the 15 total yet, but it's obviously ongoing. 16 MR. STATLER: Right. Yes, almost 20. Actually 17 $19,818. 18 MR. EISENBERG: That's in addition to the medical 19 expenses we previously provided you with. 20 BY MR. STATLER: 21 Q Right, and you have surgery scheduled. There's 22 more on the way? 23 A Uh-hum. 24 MR. EISENBERG: That's a yes? 25 THE WITNESS: Sorry. Yes. Page 126 - Page 129 Page 128 1 BY MR. STATLER: 2 Q Did you ever go back to this building? 3 A This building? 4 Q Yes, inside. 5 A No. 6 Q Did your fiancee, to your knowledge, ever go to 7 that building to take pictures? 8 A Not that I'm aware of. 9 Q Are you aware of anybody who went back to that 10 house to take pictures? 11 A Yes, I know the insurance people, the workmen's 12 compo carrier went back because the lady told me that they 13 took pictures, and I know that an investigator working for 14 my attorney had taken pictures. That's about it. 15 Q Did anyone witness this accident other than you 16 and Mr. Collins? 17 A Not that I'm aware of, no. 18 Q Do you have any other recollection of events that 19 occurred at the project that day other than what -- other 20 than what you told me? 21 A No, that's pretty much it. 22 Q Do you remember the ambulance people coming? 23 A I sort of had a dream, but I'm not sure if it was 24 reality or not, that I was floating high in the air, and it 25 felt like I was strapped to a board, and a guy was saying, Page 129 1 00, be careful, but I don't know if that was a dream or if 2 that was me with the ambulance people or what. I remember 3 telling my fiancee that, that I had this dream that I was 4 floating on a board. 5 Q And in answers to your interrogatories you 6 indicated that you have used a host of devices and 7 orthopedic appliances including a cervical collar, 8 compression boot, walker, crutches, cane, several splints, 9 bilateral arch supports, wheelchair and shower chair. 10 Which of those are you -- I see you have a cane with you 11 today. Which of those types of devices are you currently 12 using? 13 A The shower chair on occasion, the cane. 14 Q Is the cane constantly? Do you use the cane 15 constantly? 16 A Around the house sometimes I don't, for a short 17 distance. Sometimes I need crutches though on the other 18 hand. Sometimes I can't put my weight on my foot at all 19 and I need crutches. 20 Q How about the compression boot, what was that? 21 A That was a rental from a medical supply company. 22 Q When did you last use that? 23 A I'm not sure if it was after or before the last 24 foot surgery to control swelling in my foot and leg. 25 Q Uh-hum. And the splints, when did you last have HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Page 130 1 splints? 2 A After the last foot surgery for a period of 3 several weeks maybe to a couple months. 4 Q What's your understanding, Mr. Gross, of what 5 will happen with this next surgery with your foot in terms 6 of how long you'll be in the hospital, how long you'll be 7 laid up, whether there's going to be physical therapy, that 8 type of thing? What's going to happen to you after 9 Wednesday? 10 A They said I'll be in the hospital overnight, 11 maybe a couple days. I'll have a long splint on my leg 12 with no weight bearing for several weeks. I will have 13 physical therapy, and then it will take over a year till we 14 know if the operation was successful or not. 15 Q How long will you have physical therapy? 16 A Several months. 17 Q And did Dr. -- was it Juliano, did he tell you 18 why it will take a year before they'll know if it's 19 successful? 20 A Over a year. 21 Q Yes. Why is it going to take that long? 22 A He said it's the biggest operation I have had to 23 date, and there is a lot of things that he has to work on, 24 and it's just going to take a long time to heal. He said 25 the extent of your injuries and the amount of work I have Page 131 1 to do to fix. those injuries is going to take a long time. 2 Q Are you in danger, is there the potential in the 3 future of losing your foot? 4 A Certainly. 5 Q And for what reason? 6 A He explained that to me in the surgery consult. 7 He said there's a possibility I could lose my foot due to 8 infection or it just doesn't want to heal, and, of course, 9 there's damage to the blood vessels, the circulation. 10 Q That's what I was going to ask about in terms of 11 the vascular problems. 12 A Yes. 13 Q Is there the potential that that may happen in 14 the future? 15 A Yes. 16 Q Has your doctor given you any kind of percentage 17 likelihood that that might happen? 18 A No, but for right now they're just concerned that 19 I'll die from a blood clot. 20 Q Have they done anything, put any catches in, 21 drain -- not drains but nets, anything in your system to 22 prevent that from happening? 23 A No. 24 Q Is there anything else that's scheduled or 25 anticipated in the next six months to a year other than HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page TM DA VID GROSS MAY 12, 2000 Page 132 1 this foot surgery, medical-wise? 2 A Arthroscopic surgery on my elbow, right elbow. 3 Q Oh, okay. Tell me about that. 4 A I had been having pain down my arm, and the 5 shoulder surgeon thought it was what they call referred 6 pain because of the shoulder surgery. Sometimes you get 7 pain a little bit further away, but when he examined me the 8 last time he examined my elbow, and I said I have always 9 had pain in that, and he said with this past surgery did I 10 fix your elbow pain, and I said no, and he said let me 11 really take a good look at that, and he felt around on it, 12 and when he touched certain spots I screamed. In fact, I 13 hit him. I didn't mean to. 14 Q Is this Dr. Lynch? 15 A Yes, and he says I suspect you have a fracture of 16 a bone in there, he says probably from since the accident, 17 and like the shoulder, he said it probably didn't heal 18 well, if at all, and he said I'll go in with an arthroscope 19 and see if I can fix it. 20 Q Okay. When's that going to be done? 21 A After I'm off crutches from the foot, as soon as 22 I can walk without crutches. 23 Q Okay. Anything else scheduled? 24 A Not at this point. 25 Q When I say scheduled I mean anticipated in the Page 133 1 next six months or a year. 2 A Not so far, thank God. 3 Q And you did tell me about the nature of the foot 4 surgery, but it's to control pain; is that the idea? 5 A And function. 6 Q Provide additional function? 7 A Yeah. 8 Q Okay. 9 A He uses to correct a deformity. 10 Q Yes. In terms of the function, tell me -- and I 11 don't want you to take your shoe off again, but tell me 12 what the function is that you're lacking and what they hope 13 to improve through this surgery on your foot. 14 MR. EISENBERG: In addition to what he has 15 already testified to -- 16 MR. STATLER: Yes. 17 MR. EISENBERG: -- about all the problems he has 18 had with that left foot? 19 MR. STATLER: Absolutely. 20 THE WITNESS: Flexibility, to be able to walk, 21 reduce my limp, walk as normally as possible, and, urn, I 22 guess that's the object of it, and ~o reduce pain, although 23 I will probably always have pain he said. 24 (Discussion held off the record.) 25 BY MR. STATLER: Page 130 - Page 133 DAVID GROSS MAY 12, 2000 Multi-Page 1M Page 134 1 Q In answers to interrogatories, the initial 2 set of interrogatories, the medical expenses that were 3 listed totalled approximately $67,171. That's No.3, and 4 we're adding now another almost 20,000, so it's 5 approximately 87,000 in medicals. Does that sound right, 6 if you know? 7 MR. EISENBERG: I don't think Mr. Gross would 8 know the answer to that question. 9 MR. STATLER: You will supply that? 10 MR. EISENBERG: And I'm working to make sure that 11 you will have the most updated medical expense. 12 MR. STATLER: It's always nice when you have a 13 workers' compensation carrier that can do it for you, 14 right? 15 MR. EISENBERG: Off the record. 16 (Discussion held off the record.) 17 BY MR. STATLER: '. 18 Q In answer to question No. 18, the first set of 19 interrogatories, information was provided about a motor 20 vehicle accident that you had been involved in in 1973 21 which you sustained a broken right femur? 22 A (Nods head up and down.) 23 MR. EISENBERG: I did want to just add, and I'm 24 glad you did bring that up, answer to No. 18 we have 25 supplemented because an almost identical question was asked Page 135 1 in the second set of interrogatories, No.7. 2 MR. STATLER: Right. All right. 3 MR. EISENBERG: SO I -- I wanted to make sure 4 that answer to 18 in the first set was supplemented with 5 our answer to No. 7 in the second set. 6 BY MR. STATLER: 7 Q Let me just ask you a few questions about those 8 two things. Y ouhad a broken leg? 9 A (Nods head ,up and down.) 10 Q Yes? " 11 A Yes, I had a broken right femur. 12 Q And you were hospitalized at the Osteopathic 13 Hospital? 14 A That's correct. 15 Q Okay. And that as far as the injury to your 16 right leg, that completely healed? 17 A Yes, sir. 18 Q And how long did it take it to completely heal? 19 A I was in traction for one month, and then I was 20 in a body cast for, urn, another two to three months. 21 Q Who was your doctor who treated that injury? 22 A A Dr. Bernard I. Zeliger. 23 Q Zeliger? 24 A D.O. 25 Q Okay. He is no longer around? Page 134 - Page 137 Page 136 1 A That's correct. 2 MR. STATLER: Okay. 3 MR. EISENBERG: By the way, the answer, just so 4 we're clear, I think there were four questions which I have 5 objected to and instructed him not to answer, and they were 6 all in the second set of interrogatories. Those questions 7 are in addition to the question regarding our crimen falsi 8 answer, and those answers were No. 20,23,28 and 29. 29 9 has been answered because it looks to me to be the 10 identical question to No.7, if there is any difference. 11 MR. STATLER: I don't know if there are any 12 additional -- let me ask you this. Am I permitted to ask 13 him about other accidents today or not? 14 MR. EISENBERG: Let me just be clear about what 15 I'm putting on the record first, Mr. Statler. You like a 16 fine lawyer have answered a question with a question, and I 17 think that our answer is complete in Answer No.7. 18 MR. STATLER: All right. 19 MR. EISENBERG: To both Answer 7 and 29, so to 20 the extent that there was any objection to 29, it's 21 withdrawn, and Answer 7 has answered that identical 22 question completely. 23 BY MR. STATLER: 24 Q All right. Let me just ask you some questions 25 about that, and I think we can get through this. Did you Page 137 1 have to walk with a cane as a result of that accident? 2 A Yes. 3 Q How long did you walk with a cane? 4 A A couple months. 5 Q Were you still in high school then? 6 A Yes. 7 Q Other than that, the period of time that you 8 walked with a cane as a result of the 1973 car accident, 9 had you ever walked with a cane for any reason between that 10 time and the time of this accident? 11 A Yes. 12 Q Why was that? 13 A 1975 I had a osteoplasty of the left femur. It 14 was to make my femurs even. 15 MR. EISENBERG: Are you sure that's 1975, 16 Mr. Gross, because if we look at our answers to 17 interrogatories I think it was 1979 through 1986. 18 THE WITNESS: No, it was 1975 I had the 19 osteoplasty to my left femur to make the femurs even. The 20 right femur stopped growing as a result of the car accident 21 and my left leg kept growing, and I had like three and a 22 half inches discrepancy, so they shortened ~he left femur, 23 and shortly after that operation I walked with a cane. 24 BY MR. STATLER: 25 Q Okay. Who was the doctor that did the HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Page 138 1 osteoplasty? 2 A Dr. Bernard I. Zeliger. 3 Q Was that done at the Osteopathic Hospital? 4 A Osteopathic Hospital. 5 Q All right. Was there any other time that you 6 walked with a cane? 7 A Yes. 8 Q When? 9 A Between the period of 1979 and 1986 while working 10 at the Harrisburg State Hospital, urn, I was injured while 11 caring for the patients to both knees. 12 Q Sorry? 13 A To both -- 14 15 16 17 18 19 20 21 22 23 24 25 MR. EISENBERG: Both knees? TIlE WIlNESS: Both knees. BY MR. STATLER: Q Were injured? A Separately, yes, during different times. Q What were the injuries to your knees? A Tom ligaments. Q ACLS? A I don't know what that is. Q It's anterior cruciate ligament. A Yes. Q It causes your -- Page 139 1 A Yes. 2 Q Supposed to keep your knee from going out left 3 laterally? 4 A Exactly. 5 Q You tore both your ACLs? 6 A Yes. 7 Q Separately? 8 A And then I tore another ligament in one -- I 9 don't know which knee it was, a different ligament, at 10 another time. 11 Q Okay. What treatment did you receive for the 12 tom ligaments? 13 A Arthroscopic surgery each time. 14 Q Who did that? 15 A Dr. Robert Kaneda one time, I think a Dr. Litton. 16 Q Jason Litton. 17 A And I'm not sure who else. 18 Q Where were the surgeries done? 19 A Community General Osteopathic and the Holy Spirit 20 Hospital. 21 Q Okay. And was it arthroscopic surgery each time? 22 A Each time, yes. 23 Q Did they have to do a graft? Did they do your 24 patellar tendon, did they graft? 25 A No, they just repaired the ligament and then had HUGHES, ALBRIGHT, FOLTZ & NATALE 111-540-0220\111-393-5101 Multi-Page TM DA VID GROSS MAY 12, 2000 Page 140 1 me in a cast, and after awhile the cast was taken off. 2 Q Did you have to get physical therapy? 3 A Yes. 4 Q For how long? 5 A A couple weeks. 6 Q Just a couple weeks? 7 A Yeah, it wasn't very long. I was back to work in 8 a short amount of time. 9 Q Well, so you walked with a cane for awhile? 10 A Yes. 11 Q Now, are you saying the entire time between 1979 12 and 1986 you walked with a cane? 13 A No. At different times. 14 Q During that period? 15 A Yeah, I had those different injuries. 16 Q So the reference to those years, that's when you 17 worked at the Harrisburg State Hospital? 18 A That I s correct. 19 Q Okay. Have there been any other times that you 20 walked with a cane? 21 A No, sir. 22 Q Prior to your accident that is the subject of 23 this lawsuit, when was the last time that you walked with a 24 cane? 25 A Probably 1985, '86. Page 141 1 Q And that would be for the knee injuries? 2 A Yes. 3 Q Okay. Prior to your accident that's the subject 4 of this lawsuit, when was the last time that you were in a 5 wheelchair? 6 A I have never been in a wheelchair before. 7 Q Prior to this accident which is the subject of 8 the lawsuit, when was the last time that you walked with 9 crutches? 10 A At that time with the knee injuries at the 11 Harrisburg State Hospital job. 12 Q Okay. What was the general condition of your 13 health in September of 1998? 14 MR. EISENBERG: Other than what we have just 15 spent the last -- 16 BY MR. STATLER: 17 Q Yeah. I mean, I don't want to go into details, 18 but just generally how would you describe your health? 19 A I had no restrictions on my activity. I needed 20 no extra medication other than what we described. 21 Q Vb-hum. 22 A I needed no devices to aid me to function. 23 Q Vb-hum. 24 A Good. 25 Q Okay. Has any doctor at any time and I'm going Page 138 - Page 141 DAVID GROSS MAY 12,2000 Multi-Page 1M Page 142 1 to use the word doctor, health care professional, 2 counselor, nurse, has anyone ever told you that your life 3 expectancy has been shortened in any way as a result of 4 your hepatitis, your endocarditis, your N drug usage or 5 anything else in your history? 6 MR. EISENBERG: I'm going to object to that 7 question, Mr. Statler. Is the information you want to know 8 whether just someone has told him that? 9 MR. STATLER: Yeah, and then I would ask him who 10 and what they told him. 11 MR. EISENBERG: Okay. You can answer. 12 THE WITNESS: No, nobody has ever told me that. 13 BY MR. STATLER: 14 Q Okay. All right. And on the date of the 15 accident you took your methadone that morning? 16 A Around 7 0' clock that morning. 17 Q Did you go to Discovery House to take it? 18 AYes. 19 Q And what other medication, if any, did you take 20 that day before the accident? 21 MR. EISENBERG: Other than what he has listed in 22 his interrogatory answer? 23 MR. STATLER: Yes, which one was that? Is that 24 in the second set? 25 MR. EISENBERG: It is. Page 143 1 BY MR. STATLER: 2 Q Okay. Got it. Okay. No. 27, it said in the 48 3 hours prior to the accident it says you took methadone,30 4 to 50 milligrams? 5 A Yes. 6 Q Sinemet? 7 A Sinemet. 8 Q Sinemet? 9 A Yes. 10 Q Anything else? 11 A No. 12 Q And the Sinemet, just because I don't remember 13 what it was for. 14 MR. EISENBERG: I think he testified that it was 15 for the narcolepsy. 16 BY MR. STATLER: 17 Q Is that right? 18 A Yes. 19 Q Had you ever fallen asleep while you were working 20 at Linglestown Lighting? 21 A No. 22 Q Okay. Do you know how long you were in the 23 hospital initially after this accident? 24 MR. EISENBERG: Mr. Statler, there are -- I don't 25 have dates in front of me, but that's clearly reflected in Page 142 - Page 145 Page 144 1 the admission and discharge summary. 2 MR. STATLER: Just go off the record a second. 3 (Discussion held off the record.) 4 THE WITNESS: I can tell you when I went home 5 after the accident. 6 MR. STATLER: Yeah. 7 THE WITNESS: November the 9th, 1998. 8 MR. EISENBERG: SO I think what Mr. Gross is 9 testifying to is he was in the hospital continuously from 10 September 22nd, 1998, through November 9th, 1998. 11 BY MR. STATLER: 12 Q All right, okay. And have you understood all of 13 my questions? 14 A Yes. 15 Q And have all of the answers that you have given 16 been given -- are those the answers that you choose to give 17 today? 18 A Yes. 19 Q Do you wish to change any of your answers? 20 A No, sir. 21 Q Did I cut you off at any time and prevent you 22 from answering a question? 23 A No, sir. 24 MR. STATLER: That's all the questions that I 25 have. I appreciate your patience. Thank you. Page 145 1 MR. EISENBERG: Off the record. 2 (Discussion held off the record.) 3 (Recess from 3:34 p.m. to 3:35 p.m.) 4 MR. STATLER: Off the record. 5 (Discussion held off the record.) 6 MR. EISENBERG: To a previous question I 7 objected and instructed my client not to answer. I am 8 withdrawing that instruction. I have been informed by 9 Mr. Gross that he doesn't recall ever being involved in any 10 prior civil litigation, and I think that is sufficient to 11 answer Interrogatories 20,23 and 28. 12 BY MR. STATLER: 13 Q Okay. And can we just have Mr. Gross, if we 14 could, just confirm that for the record that he doesn't 15 remember being -- 16 A That is correct. 17 Q -- a party to any lawsuits? 18 A Ever. 19 MR. STATLER: Okay. 20 MR. EISENBERG: Thank you. 21 (The deposition was concluded at 3:37 p.m.) 22 23 24 25 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 1 COUNlY OF DAUPHIN : 2 : SS 3 COMMONWEAL TII OF PENNSYLVANIA : 4 I, Diane F. Foltz, a Notary Public, authorized to 5 administer oaths within and for the Commonwealth of 6 Pennsylvania, do hereby certify that the foregoing is the 7 testimony of David Gross. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 10 and answers were taken down stenographically by the said 11 Reporter-Notary Public, and afterwards reduced to 12 typewriting under the direction of the said Reporter. 13 I further certify the said deposition was taken at 14 the time and place specified in the caption sheet hereof. 15 I further certify I am not a relative or employee or 16 attorney or counsel to any of the parties, or a relative or 17 employee of such attorney or counsel, or financially 18 interested directly or indirectly in this action. 19 I further certify that the said deposition 20 constitutes a true record of the testimony given by the 21 said witness. 22 IN WITNESS WHEREOF, I have hereunto set my hand 23 this 22nd day of May, 2000. 24 25 Diane F. Foltz, RMR HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220\717-393-5101 Multi-Page TM DAVID GROSS MAY 12, 2000 Page 146 Page 146 - Page 146 RECEIVED JUL 1 3 2000 . ......... CERTIFICATE DAVID GROSS v. ARCHIBALD BUILDERS CAPTION DAVID GROSS NAME OF DEPONENT MAY 12.2000 DATE OF DEPOSITION DIANE F. FOLTZ. RMR REPORTER I hereby certify that I have read the foregoing deposition and-that, to the best of my knowledge, it is !rue and correct (With the exception of the following correction): PAGE LINE CORRECTION ~ -......< J ~ I' '/~ Mt) f DATE SI DATE NOTARY PUBUC -- . .,...-... . ..~. .'"l'-, "- .... ~ ,..-'\ ...;..;... \.. j. .... '1 Pase ~ of ~ '../ - COl)'{ - ,.' psychosocial Evaluation: I SS\,O :-... CLT'~ ~~"";j~\'~: ~~:t. M ~~I;m. . . ., :~ n~~: ~ ~ (l.cldll:+1rn) UO-V,J has t~ i~:~.: ~>~;~;~; ;Jq;~.J ~~ ~~ fUel ,jpcl . .;.: ,: ~~t:':'~~:' ~d- ~ehl pnh~o\~."l WiDd~ fr~"" ~ '~.~' 90\?~tl noeL ~ ,tlI~ ~.':~ . 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