HomeMy WebLinkAbout11-12-03
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INDEX
WITNESS
Examination
RAMONA GROSS
By Mr. Brenner
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By Mr. Eisenberg
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FILIUS & McLUCAS REPORTING SERVICE, INC.
J-L.......;c1H".n 717_ "~h_nh?i Ynd." 717-.'14'i-(i41R PA l-ROn-7ii-Qi?7
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STIPULATION
It is hereby stipulated by and between
counsel for the respective parties that sealing,
certification and filing are hereby waived; and
all objections except as to the form of the
question are reserved to the time of trial.
RAMONA GROSS, called as a witness, being duly
sworn, testified as follows:
9 EXAMINATION
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Could you state your name, ma'am?
Ramona Gross.
Mrs. Gross, my name is Tom Brenner.
I represent
the interest of Archibald Builders in a lawsuit
that's pending in Dauphin County.
I'm going to
ask you some questions today about your son,
David.
Listen carefully to the questions I ask.
If I ask you something that you don't know the
answer to, tell me that, or if I ask a question
that's confusing, tell me that and I will rephrase
the question.
Okay.
If it is something that you don't know, let us
know that.
We don't want you to guess for us.
We
are trying to get factual information as best you
FILIUS & McLUCAS REPORTING SERVICE, INC.
HarJ'islJllr,e 717-236-0623 York 717-845-6418 PA 1-8()()-233-9327
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Exam./Brenner - Gross
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know it.
Okay.
I don't think we're going to be overly long here
today, but if at any point you want to take a
break for whatever reason, let me know that.
Okay.
All right.
A little bit of background about you.
Your home address is where?
5007 Virginia Avenue, Harrisburg, Pennsylvania
17109.
Your date of birth?
June the 24th, 1928.
Your present marital status?
I'm a widow.
How long have you been a widow?
Since August.
Names and ages of your children?
Anthony is the oldest, he's 50 -- wait, he was
born in 1950.
53?
53, thank you.
Mary Ellen Brouse, she's two years
younger.
51.
David, four years between David and Mary Ellen.
All right.
FILIUS & McLUCAS REPORTING SERVICE, INC.
Harri,I7IIl",\( 717-236-0623 York 717-845-6418 PA 1-800-233-9327
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And Brian.
Brian?
Urn-hum.
How old is Brian?
Brian Gross, he's about -- they were 17 months
apart, about a year I guess.
We are here to discuss David and we appreciate
unfortunately that he passed away and the
questions I don't mean to be insensitive.
I'm
going to inquire into certain areas and if there
are things that you know, tell me that, and if
there are things you don't know, that's fine and
we'll move on.
As I understand it, David prior to
his death had a girlfriend of a couple of years.
Is that correct?
Yes.
I think her name was Elizabeth.
Is that correct?
Elizabeth.
Did you know Elizabeth?
Yes.
Had they been here to visit at the house?
Oh, sure.
How long had Elizabeth and David been friends?
That I couldn't tell you.
They were not married, as I understand it, as of
FILIUS & McLUCAS REPORTING SERVICE, INC.
Hn,.,-i<I"'r~ 717-BIi-01i2.1 )'Mk 717-R4S-1i418 PA 1-800-2.11-9327
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the time of David's death.
Is that correct?
Right.
Had David ever had any children?
No.
I understand that he had been married and divorced
several years ago.
Is that correct?
Yes.
Did he have any ongoing contact with his former
wife that you are aware of?
No.
Do you remember what her first name was?
Wendy.
Wendy.
How often -- let's go back let's say the
last two years, with what frequency would you see
David?
Almost every day or every other day.
And why was that?
He would just come in and visit me or he would
take me to the store or to the doctors.
When he would take you to the store or the
doctors, would he drive?
He would drive, yes.
Now, you're aware he was involved in an accident
where he fell at a construction site.
Is that
correct?
FILIUS & McLUCAS REPORTING SERVICE, INC.
Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-932/
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Yes.
In terms of his ability to come to see you here at
your house, did he have any physical difficulty in
getting here to see you?
He was always in pain.
How about in terms of I noticed you've got a
couple of front steps here at the house, did he
have any difficulty in navigating the steps to get
into the house?
He didn't come that way.
He came through the
back.
Okay.
Is it flat then up the driveway and into
the back way?
No, there are a couple of steps out back.
I think
there's two steps.
Did he ever voice complaints that he had any
trouble in walking up the driveway and the steps
into the house?
Well, like I said, he was always in pain.
Do you ever recall him verbalizing that he had any
trouble negotiating steps or stairs?
Sometimes, yes.
Sometimes, okay.
Now, I notice you have a walker
or cane type walker beside you.
Do you use that
when you're out and about?
FILIUS & McLUCAS REPORTING SERVICE, INC.
Harrisrmrg 717-236-0623 Yo,.k 717-84S-6418 PA 1-800-233-9327
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I use it all of the time.
When David would take you to the store or to run
an errand, would you rest a hand on him at all to
provide support as you walked about?
No.
To your knowledge, within the last two years did
David have any type of outside employment?
No.
Did you discuss with him how he was making ends
meet, that is, where his financial wherewithal was
corning from in the last two years?
No.
We understand that he was receiving workers'
compensation benefits for a period of time.
Did
he ever indicate to you that he was receiving
workers' comp benefits?
Yes.
There was an indication that he was going to apply
for social security benefits at one point and it's
not clear whether that process was ever completed.
Did he indicate to you he was ever receiving
social security benefits of any sort?
No.
To your knowledge, what's the last work or job
that David had?
FILIUS & McLUCAS REPORTING SERVICE, INC.
Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327
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At Linglestown Lighting.
To your knowledge, after the fall at the
construction site did he ever return to
Linglestown Lighting in any capacity?
I don't know.
During the last two years, has David provided any
financial assistance for you?
No.
In terms of going out to buy groceries or run
errands, you fund those purchases yourself.
Is
that correct?
Yes.
He provided the driver, if you will?
Yes.
To your knowledge, prior to his death was David
providing any type of financial support or
assistance to any of his brothers or sister?
No.
Other than Elizabeth, to your knowledge, did he
reside with anyone else within the last two years
prior to his death?
No.
His living situation, and I forget his address as
I sit here now, do you recall if that was a place
that he rented or had bought?
FILIUS & McLUCAS REPORTING SERVICE, INC.
HarrisbllrJ; 717-236-0623 York 717-845-6418 PA 1-800-233-9327
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It was an apartment.
He rented it.
Did you ever discuss with him the financial
arrangement there, who took care of expenses for
the apartment between him and ElizaBeth?
No.
To your knowledge, what was the cause of David's
death?
He died from an infection in his lungs.
Well,
they are not really sure, but they think that's
what it is.
And we as the attorneys involved in this had
periodic contact with David.
In terms of that
illness, when did it come about, do you recall how
long he was sick before he passed away?
Well, he went to the hospital on the 15th of July.
What prompted that trip to the hospital?
He had a very high fever.
He had difficulty
breathing.
Was this Holy Spirit Hospital at the time?
Yes.
Was he out of Holy Spirit Hospital then from July
until the time of his death?
No.
Now, he had had some prior health problems that we
talked about when we took a statement from him.
· FILIUS & McLUCAS REPORTING SERVICE, INC.
Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327
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Was there any discussion about any relationship to
this fever and problem that he was having to any
prior conditions that he had had?
I don't know.
No one ever verbalized that this was something
that was related to something else?
I don't know.
MR. EISENBERG:
Just so I'm clear on the
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question, I think Mr. Brenner's question was, was
there any relationship that any doctor told you
about from the fall and the injuries he suffered
and the cause of his death?
Well, the fall probably had something to do with
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The question was--
But they didn't directly come out and say it to
me.
MR. EISENBERG:
That's what we're trying to
get at if someone told you that.
No.
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And also from looking at his medical history, he
had had some medical problems over time that
predated the fall.
Did any physician indicate
FILIUS & McLUCAS REPORTING SERVICE, INC.
Hm'ris/1lIrg 717-236-0623 York 717-845-6418 PA 1-800-233-9327
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that what they were treating in July or August of
this year in any way related to any earlier
medical problems or conditions that David had had
in his life?
I don't know.
Who was his primary physician during the time that
he was in Holy Spirit Hospital, do you recall
that?
Wait, let me think of his name.
Dr. DeMichele.
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And did Dr. DeMichele have a particular specialty?
He's an internist.
Internist.
Had David been seeing Dr. DeMichele at
all prior to this illness?
Yes.
For what period of time had David been seeing Dr.
DeMichele to your knowledge?
Quite a while.
My understanding is that David at the time of his
passing did not have a will.
Is that your
understanding also?
Yes.
And we have not seen the formal documents, but
I've discussed this with Attorney Eisenberg. You
are the administratrix of the estate that's been
opened for him.
Is that correct? A fancy legal
FILIUS & McLUCAS REPORTING SERVICE, INC.
Harrisburg 717-236-0623 York 717-845-6418 PA 1-800-233-9327
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word for that, but--
Yes, I guess.
Are there any other persons that are serving in a
capacity as an administrator with regard to the
estate other than yourself?
No.
And have you filled out the paperwork to open that
estate with the courthouse in Dauphin County?
That would have been the Register of wills Office,
has there been any paperwork that you signed to
formally open that estate?
No.
That's all of the questions I have, ma'am.
Thank
you.
Thank you.
MR. EISENBERG:
Thank you, Mr. Brenner.
(The deposition concluded at 12:18 p.m.)
FILIUS & McLUCAS REPORTING SERVICE, INC.
Hnn-;sbJ/rj! 717-236-0623 York 717-845-6418 PA 1-800-233-9327
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
I, Ann M. Wetmore, Reporter and Notary Public
in and for the Commonwealth of Pennsylvania and
County of Cumberland, do hereby certify that the
foregoing deposition was taken before me at the
time and place hereinbefore set forth, and that it
is the testimony of:
RAMONA GROSS
I further certify that said witness was by me
duly sworn to testify the whole and complete truth
in said cause; that the testimony then given was
reported by me stenographically, and subsequently
transcribed under my direction and supervision;
and that the foregoing is a full, true and correct
transcript of my original shorthand notes.
\.....
I further certify that I am not counsel for
or related to any of the parties to the foregoing
cause, or employed by them or their attorneys, and
am not interested in the subject matter or outcome
thereof.
Dated at Mechanicsburg, Pennsylvania, this
17th day of November, 2003.
NOTARIAL SEAL
Ann Wetmore, Notary Public
Hampden Twp., County of Cumberland
My Commission ExpIres Feb. 4, 2007
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UJJi~ ()~/! ./L4JVJ-<-
Ann M. Wetmore
Reporter - Notary Public
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(The foregoing certification of this transcript
does not apply to any reproduction of the same by
any means unless under the direct control and/or
supervision of the certifying reporter.)
FILIUS & McLUCAS REPORTING SERVICE, INC.
Hnrrisburg i17-236-0623 York 717-845-6418 PA 1-800-233-9327
LAWYER'S NOTES
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