HomeMy WebLinkAbout95-01860
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
22c, Denied, The averments contained wi thin the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
22d. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
2 2e, Denied, The averments contained wi thin the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
22f, Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
22g. Denied. The averments contained within the
correspondingly numbered ~aragraph constitute conclusions of law to
which no responsive pleading is required.
22h. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
22i. Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
22j. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
2
22k, Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
WHEREFORE, Plaintiffs pray that judgment is entrceu in
their favor and against Defendants in an amount in excess of the
applicable arbitration limits and that they may be awarded costs
including attorneys fees and that they may have such other and
further relief as may be just and appropriate,
PLAINTIFFS' REPLY TO NEW MATTER OF CARAWAY MANUFACTURE FURNITURE
26a, Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
26b. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
26c. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
26d. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
26e. Denied, The ave~ents contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
26f. Denied, The averments contained within the
3
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
26g. Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
26h. Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
26i, Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
26j. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
26k. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
WHEREFORE, Plaintiffs pray that judgment is entered in
their favor and against Defendants in an amount in excess of the
applicable arbitration limits and that they may be awarded costs
including attorneys fees and that they may have such other and
further relief as may be just and appropriate,
4
PLAINTIFFS' REPLY TO NEW MATTER OF RYDER TRUCK RENTAL. INC.
30a, Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
1Gb. Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusi.ons of law to
which no responsive pleading is required.
30c. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
30d, Denied, The averments contained wi thin the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
30e, Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
30f. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
30g. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
30h. Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
30i, Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
5
which no responsive pleading is required.
30j. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
30k. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
WHEREFORE, Plaintiffs pray that judgment is entered in
their favor and against Defendants in an amount in excess of the
applicable arbitration limits and that they may be awarded costs
including attorneys fees and that they may have such other and
further relief as may be just and appropriate.
PLAINTIFFS' REPLY TO NEW MATTER OF BUCKHORN CARRIERS. INC.
32a, Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
32b. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
32c. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
32d. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
6
which no responsive pleading is required.
32e. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
32f. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive ple~ding is required.
32g. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
32h. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required,
32i, Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
32j. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
32k. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleadIng is required.
WHEREFORE, PlainLiffs pray that judgment is entered in
their favor and against Defendants in an amount in excess of the
applicable arbitration limits and that they may be awarded costs
including attorneys fees and that they may have such other and
7
further reliei as may be just and appropriate.
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS
3 5a. Denied. The averments contained wi thin the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
35b. Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading i~ required.
35c. Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
3 5d. Denied, The averments contained wi thin the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
35e. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
35f. Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
35g. Denied, The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
which no responsive pleading is required.
35h, Denied. The averments contained within the
correspondingly numbered paragraph constitute conclusions of law to
8
3. Defendant, Lawrence I. Watson is an adult individual
residing at 1735 1st street, Asheborn, North Carolina 27203, and at
all times relevant to this cause of action, operated, maintained
and controlled a 1989 Peterbuilt Tractor, vehicle identification
number lXP6A27X3KD602312, North carolina license plate number
LW136.
4. Defendant, Ryder Truck Rental, Inc. , is a
corporation ~ith a business address of 217 Atwell Avenue, P.O. Box
16007.
5. Defendant, caraway Manufacture Furniture, is a
corporation with a business address of Highway 311, Box 459,
Sophia, NC 27350.
6. Defendant, Buckhorn carriers, Inc., is a corporation
with a business address of Route 1, Box 127, Randolph, MS 38864.
7. At all times material hereto, Defendant, Lawrence I.
Watson was operating a 1989 Peterbuilt Tractor owned by Ryder Truck
Rental Inc., 217 Atwell Avenue, P.O. Box 16007, Greensboro, North
Carolina 27406, vehicle identification number lXP6A27X3KD602312,
North Carolina license plate number LM4136.
8. Upon information and belief, Plaintiffs aver that
Defendant Buckhorn carriers, Inc., leased the aforesaid tractor
trailer truck from Defendant Ryder Truck Rental, Inc.
9. At all times material hereto, Defendant, Lawrence
1. Watson, was operating the 1989 Peterbuilt Tractor, owned by
Ryder Truck Rental Inc., and was acting as an employee, agent, or
-4-
servant of CARAWAY MANUFACTURE FURNITURE and BUCKHORN CARRIERS,
INC.
COUNT I
MICHAEL J. LENDACKI v. LAWRENCE I. WATSON
10. Plaintiffs incorporate the allegations contained in
paragraphs 1 through 9 as though the same were fully set forth
herein at length.
11. On or about February 21, 1994, at approximately
11:30 a.m., Plaintiff was legally operating his 1989 Nissan pick-up
truck south on U. S. Route 15, Upper Allen Township, Cumberland
County, Pennsylvania.
12. As Plaintiff was operating his vehicle south on
U. S. Route 15, Defendant, Lawrence I. Watson, also travelling
south on U. S. Route 15, failed to keep the aforesaid tractor and
trailer under control, and was unable to bring it to a stop behind
Plaintiff's stopped vehicle, and negligently, recklessly and
violently collided with the rear end of Plaintiff's vehicle.
13. As a result of the rear end collision between the
tractor trailer operated by Defendant, Lawrence I. I~atson and
Plaintiff's pick-up truck, Plaintiff's truck was forced forward
into another tractor trailer immediately in front of Plaintiff's
truck, resulting in a violent front end impact to Plaintiff's
vehicle.
14. As a result of the aforesaid accident, Plaintiff,
Michael Lendacki was violently thrown around the cab of his pick-up
-5-
truck, striking his head on the steecing wheel and windshield of
his vehicle, sUffering serious injuries as described below.
15. The aforesaid accident resulted solely from the
negligence, carelessness and/or recklessness of Defendant, Lawrence
I. Watson and was due in no part or manner whatsoever to any act or
failure to act on the part of the Plaintiff.
16. At all times material hereto, the negligence,
carelessness and/or recklessness of Defendant Lawrence I. Watson
consisted of the following:
(a) Failing to take due regard for the rights, safety
and position of plaintiff, Michael Lendacki's motor vehicle;
(b) Failing to have said motor vehicle under proper and
adequate control at the time of the subject accident;
(c) Failing to take due notice of the point and position
of Plaintiff, Michael Lendacki's vehicle upon the highway;
(d) Failing to yield the right of way to others lawfully
on the said highway;
(e) Operating said motor vehicle at an excessive rate of
speed under the circumstances and existing weather conditions;
(f) operating said motor vehicle at a distance too close
to Plaintiff's vehicle under the circumstances and existing weather
conditions;
(g) Violating various ordinances of Cumberland County
and statutes of the Commonwealth of Pennsylvania pertaining to the
operation of motor vehicles;
-6-
(h) Failing to keep a proper lookout;
(i) Failing to maintain the assured clear distance
ahead;
(j) Failing to apply the brakes of his vehicle and/or
take such other measures as were necessary to avoid the aforesaid
coll is ion;
(k) Failing to operate his vehicle in an alert and
attentive manner;
(I) Failing to bring his vehicle to a stop within the
assured clear distance ahead in violation of 75 Pa.C.S.A. ~3361;
and
(m) FOllowing too closely in violation of 75 Pa.C.S.A.
~3310.
17. As a direct and proximate result of the aforesaid
accident and negligence of the Defendant, Lawrence I. Watson,
Plaintiff, Michael Lendacki suffered various injuries requiring
admission into the intensive care unit of the Hershey Medical
Center, including, but not limited to severe head trauma, loss of
consciousness, shock to the nervous system, multiple cervical,
thoracic and lumbar spine subluxations, sprains and strains, facial
numbness, multiple facial fractures inclUding the left zygoma, left
mental and mandible requiring open reduction and internal fixation
with reconstructive plates, nasal displacement and multiple facial
lacerations, visual deficiencies, and other serious personal
injuries and damages, including dental problems, and of all of
-7-
which may be permanent in nature.
18. As a direct and proximate result of the aforesaid
accident and negligence of Defendant, Plaintiff, Michael Lendacki,
has been and may in the future be obligated to receive and undergo
medical treatment and rehabilitative services and will, with
reasonable medical probability, incur various expenses in relation
thereto for an indefinite time in the future.
19. As a direct and proximate result of the aforesaid
accident and negligence of Defendant, plaintiff Michael Lendacki,
has suffered great physical pain and mental anguish and he will
continue to endure the same for an indefinite time in the future to
his great detriment and loss.
20. As a direct and proximate result of the aforesaid
accident and negligence of Defendant, Plaintiff Michael Lendacki
has been unable to attend to his usual and daily duties and
occupation.
21. As a direct and proximate result of the aforesaid
accident and negligence of Defendant, plaintiff Michael J. Lendacki
has suffered a loss and depreciation of his earnings and earning
power and will continue to suffer such loss and depreciation for an
indefinite time in the future to his great detriment and loss.
-8-
22. As an additional result of this accident,
Plaintiff's 1989 Nissan pick-up truck was severely damaged and
Plaintiff has incurred and in the future will incur expenses for
substitute and/or alternative transportation and repair of his
vehicle.
WHEREFORE, PIa intiff , Michael Lendacki, demands judgment
against Defendant Lawrence I. Watson in an amount in excess of
fifty thousand dollars ($50,000.00) for present and future pain and
suffering; temporary and future disability; past, present and
future medical expenses; and past, present and future loss of wages
and enjoyment of life, together with interest, coats of suit and
any other relief this Honorable Court deems just.
COUNT II
MICHAEL J. LENDACKI v. CARAWAY MANUFACTURE FURNITURE
23. Plaintiff, Michael J. Lendacki incorporates the
allegations contained in paragraphs 1 through 22 as though the same
were fully set forth herein at length.
24. At all time relevant hereto, Defendant, Lawrence I.
Watson was acting as an agent, servant, or employee of Defendant
Caraway Manufacture Furniture.
25. At all times relevant hereto Defendant caraway
Manufacture Furniture's negligence consisted of the following:
-9-
(a) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, failed to take due regard for
the rights, safety and position of Plaintiff, Michael Lendacki's
motor vehicle;
(b) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, failed to have said motor
vehicle under proper and adequate control at the time of the
subject accident;
(c) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, failed to take due notice of
the point and position of Plaintiff, Michael Lendacki's vehicle
upon the highway;
(d) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, failed to yield the right of
way to others lawfully on the said highway;
(e) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, operated said motor vehicle at
an excessive rate of speed under the circumstances and existing
weather conditions;
(f) Defendant Caraway Manufacture Furniture, by its
agent, aervant, workman or employee, operating said motor vehicle
at a distance too close to Plaintiff's vehicle under the
-10-
circumstances and existing weather conditions;
(g) Defendant Caraway Manufactura Furniture, by its
agent, servant, workman or employee, violated various ordinances of
Cumberland county and statutes of the Commonwealth of Pennsylvania
pertaining to the operation of motor vehicles;
(h) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, failed to keep a proper
lookout;
(i) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, failed to maintain the assured
clear distance ahead;
(j) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, failed to apply the brakes of
his vehicle and/or take such other measures as were necessary to
avoid the aforesaid collision;
(k) Defendant caraway Manufacture Furniture, by its
agent, servant, workman or employee, failed to operate his vehicle
in an alert and attentive manner;
(I) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, failed to bring his vehicle to
a stop within the assured clear distance ahead in violation of 75
Pa.C.S.A. ~JJ61; and
-11-
(m) Defendant Caraway Manufacture Furniture, by its
agent, servant, workman or employee, followed too closely in
violation of 75 Pa.C.S.A. ~JJI0.
(n) Defendant, Caraway Manufacture Furniture was
negligent in entrusting the aforesaid tractor-trailer to Defendant
Lawrence Watson and such negligence caused or contributed to the
injuries sustained by Plaintiff Michael Lendacki.
(0) Such other acts of negligence, carelessness
and/or recklessness as may be determined through the process of
discovery and/or trial.
26. All of the acts and/or inactions of the Defendant
were done or not done by Defendant, his agents, servants, workmen
and/or employees, each of whom was acting within the course and
scope of their authority on behalf of the defendant.
WHEREFORE, Plaintiff, Michael Lendacki, demands jUdgment
against Defendant Caraway Manufacture Furniture in an amount in
excess of fifty thousand dollars ($50,000.00) for present and
future pain and sUffering; temporary and future disability; past,
present and future medical expenses; and past, present and future
loss of wages and enjoyment of life, together with interest, costs
of suit and any other relief this Honorable Court deems just.
-12-
COUNT II I
MICHAEL J. LENDACKI v. RYDER TRUCK RENTAL, INC.
27. plaintiff, Michael J. Lendacki incorporates the
allegations contained in paragraphs 1 through 26 as fully set forth
herein.
28. At all time relevant hereto, Defendant, Lawrence I.
Watson was acting as an agent, servant, or employee of Ryder Truck
Rental, Inc.
29. At all times relevant hereto Defendant, Ryder Truck
R~ntal, Inc. 's negligence consisted of the following:
(a) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, failed to take due regard for
the rights, safety and position of plaintiff, Michael Lendacki's
motor vehicle;
(b) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, failed to have said motor
vehicle under proper and adequate control at the time of the
subject accident;
(c) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, failed to take due notice of
the point and position of Plaintiff, Michael Lendacki's vehicle
upon the highway;
-13-
(d) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, failed to yield the right of
way to others lawfully on the said highway;
(e) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, operated said motor vehicle at
an excessive rate of speed under the circumstances and existing
weather conditions;
(f) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, operating said motor vehicle
at a distance too close to Plaintiff's vehicle under the
circumstances and existing weather conditions;
(g) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, violated various ordinances of
Cumberland County and statutes of the Commonwealth of Pennsylvania
pertaining to the operation of motor vehicles;
(h) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, failed to keep a proper
lookout;
(i) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, failed to maintain the assured
clear distance ahead;
-14-
(j) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, failed to apply the brakes of
his vehicle and/or take such other measures as were necessary to
avoid the aforesaid collision;
(k) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, failed to operate his vehicle
in an alert and attentive manner;
(1) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, failed to bring his vehicle to
a stop within the assured clear distance ahead in violation of 75
Pa.C.S.A. ~JJ61; and
(m) Defendant Ryder Truck Rental, Inc., by its
agent, servant, workman or employee, followed too closely in
violation of 75 Pa.C.S.A. ~JJ10.
(n) Defendant, Ryder Truck Rental, Inc. was
negligent in entrusting the aforesaid tractor-trailer to Defendant
Lawrence Watson and such negligence caused or contributed to the
injuries sustained by Plaintiff Michael Lendacki.
(0) such other acts of negligence, carelessness
and/or recklessness as may be determined through the process of
discovery and/or trial.
-15-
30. All of the acts and/or inactions of the Defendant
were done or not done by Defendant, his agents, servants, workmen
and/or employees, each of whom was acting within the course and
scope of their authority on behalf of the defendant.
WHEREFORE, Plaintiff, Michael Lendacki, demands judgment
against Defendant Ryder Truck Rental, Inc., in an amount in excess
of fifty thousand dollars ($50,000.00) for present and future pain
and suffering; temporary and future disability; past, present and
future medical expenses; and past, present and future loss of wages
and enjoyment of life, together with interest, costs of suit and
any other relief this Honorable Court deems just.
COUNT IV
MICHAEL J. LENDACKI v. BUCKHORN CARRIERS, INC.
31. Plaintiff, Michael J. Lendacki incorporates the
allegations contained in paragraphs 1 through 30 as fully set forth
herein.
32. At all times relevant hereto Defendant, Buckhorn
Carriers, Inc. 's negligence consisted of the following:
(a) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, failed to take due regard for
the rights, safety and position of Plaintiff, Michael Lendacki's
motor vehicle;
-16-
(b) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, failed to have said motor
vehicle under proper and adequate control at the time of the
subject accident;
(c) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, failed to take due notice of
the point and position of Plaintiff, Michael Lendacki' s vehicle
Upon the highway;
(d) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, failed to yield the right of
way to others lawfully on the said highway;
(e) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, operated said motor vehicle at
an excessive rate of speed under the circumstances and existing
weather conditions;
(f) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, operating said motor vehicle
at a distance too close to Plaintiff's vehicle under the
circumstances and existing weather conditions;
(g) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, violated various ordinances of
Cumberland County and statutes of the Commonwealth of Pennsylvania
-17-
pertaining to the operation of motor vehicles;
(h) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, failed to keep a proper
lookout;
(i) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, failed to maintain the assured
clear distance ahead;
(j) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, failed to apply the brakes of
his vehicle and/or take such other measures as were necessary to
avoid the aforesaid cOllision;
(k) Defendant Buckhorn Carriers, Inc., by its
agent, servant, workman or employee, failed to operate his vehicle
in an alert and attentive manner;
(l) Defendant Buckhorn carriers, Inc., by its
agent, servant, workman or employee, failed to bring his vehicle to
a stop within the assured clear distance ahead in violation of 75
Pa.C.S.A. ~JJ61; and
(m) Defendant Buckhorn
agent, servant, workman or employee,
violation of 75 Pa.C.S.A. ~JJI0.
(n) Defendant,
Carriers, Inc., by its
followed too closely in
Buckhorn
carriers,
Inc.
was
-18-
3. Admitted, except for Ihose allegalions pertaining 10 mainlenance and control
of the subject vehicle which are conclusions of facl and of law and to which no response
is required under the Pennsylvania Rules of Civil Procedure and they are, accordingly,
deemed denied and placed in issue.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
COUNT I
MICHAEL I. LENDACKI v. LAWRENCE I. WATSON
10. In answer to paragraph 10 of Ihe Plaintiff's Complaint reference is made to
paragraphs 1 through 9 inclusive of Ihis Answer which are incorporated herein by reference
as fully as though the same were here sel forlh al length.
11. After reasonable investigation the Defendants .1re wilhoul knowledge or
information sufficient to form a belief as 10 Ihe Iruth of the allegations contained in
Paragraph 11 of the Plaintiffs' Complaint and the said allegations are, Iherefore, deemed
denied and placed in issue. Strict proof thereof is demanded at the Irial of this case.
12. The allegations contained in paragraph 12 of the Plaintiffs' Complaint conlain
conclusions of fact and of law to which no response is required under the Pennsylvania
Rules of Civil Procedure and Ihey are, Iherefore, deemed denied and placed in issue. Strict
3
proof thereof is demanded at the trial in this case.
13. After reasonable investigation the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations contained in
Paragraph 13 of the Plaintiffs' Complaint and the said allegations are, therefore, deemed
denied and placed in issue. Strict proof thereof is demanded at the trial of this case.
14. After reasonable investigation the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations contained in
Paragraph 14 of the Plaintiffs' Complaint and the said allegations are, therefore, deemed
denied and placed in issue. Strict proof thereof is demanded at the trial of this case.
15. The allegations contained in paragraph 15 of the Plaintiffs' Complaint contain
conclusions of fact and of law to which no response is required under the Pennsylvania
Rules of Civil Procedure and they are, therefore, deemed denied and placed in issue. Strict
proof thereof is demanded at the trial in this case.
16. After reasonable Investigation the Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations contained in
Paragraph 16 of the Plaintiffs' Complaint and the said allegations are, therefore, deemed
denied and placed in issue. Strict proof thereof is demanded at the trial of this case.
17-22. After reasonable investigation the Defendants are without knowledge or
Information sufficient to form a belief .1S to the truth of the allegations contained in
Paragraphs 17 through 21 inclusive of the Plaintiffs' Complaint .1nd the said allegations are,
therefore, deemed denied and placed in issue. Strict proof thereof is demanded at the trial
of this case.
4
NEW MATTER
By way of further answer the Defendant aver the following New Maller:
22a. If the accident occurred as alleged, the condition complained of did not create
a reasonably foreseeable risk proximate (0 the injuries.
22b. Plaintiff's injuries, as alleged, were caused by other persons or parties which
were intervening, superseding causes of Plaintiff's alleged injuries.
22c. The causal negligence of the Plaintiff was greater than any negligence on the
part of the Defendant. Therefore. 42 Pa. C.S. 97102 is a bar to Plaintiff's recovery. In the
alternative, the Defendant avers that any recovery arising from this cause of action must be
diminished in accordance with the Pennsylvania Comparative Negligence Act.
22d. The Plaintiffs' claims and any rights to recover against the Defendant is barred
in whole or in part by the applicable Statutes of Limitations, other similar Statutes,
contractual provisions and other fundamental principles of law including estoppel, waiver
and laches.
22e. The Plaintiff knowingly and voluntarily exposed himself to the hazards
complained of, and said conduct constitutes an assumption of the risk and bars Plaintiffs'
claims against the Defendant.
22f. Plaintiff's Complaint fails to state a cause I)f action upon which relief can be
granted.
22g. To the extent Plaintiff or any party avers or attempts to apply the provisions of
Pa. R. c.P. No. 238 against the Defendant, it is averred that said rule is unconstitutional
under the Federal and State Constitutions.r
5
22h. In th(! (!v(!nt Ih,lt lilt' 1'1,llnll(( h,IS '1Irl"llly or in Iho (1lIuro enlers into any
selllcmenl wilh, or I'xocull's ,lilY rl'h',lsl' o( ,lilY pll'sl'nl or (UIUII' Defondant or Additional
Defendanl or any non-p,lIIY, 1'1,llnli((,s r1.Ilrlls .III.Ilnsl Ihls Dd(!lHfanl .ue reduced by the
grealer of (al the amounl of consldl'r,lllon or 11oIynll'nt rl'coiVI'd or 10 be received by Plaintiff,
or (b) the proporlionale or pro-r.II,1 sh,m' of 1I,lllllily of IIII' s('lIled or released party or non-
parly .1S del(!rmlned pursuanl to lilt' .lppIlC.lhll' comp.lI.lllVl' negligence stalute.
22i. Plaintiff's C.IlIS(! of .u:tlon Is b.lIwd .lIld/or Ilmiled by the applicable provisions
of the Pennsylv.1I11.1 Molor Vl'hlcll' nnancl,lll{l'sponslbllilY Law, 75 Pa. C.S.A. !i1701, el
seq..
22j. If I'laintl(f was affordl'd Ilrllih.d lort COVI!r,IIlO ,lithe time of Ihe accident, he is,
pursuant to Iho PI!nnsylv.lIIi.1 Molor Vdllrll' Flrlolnci.II Rosponslbility law, 75 Pa. C.S.A.
!i 1 701, el seq., h.med from n'covorinll nOlH!conomic loss.
22k. A jury Irialls donlolflded.
WHEREFORE, till' Dl!fl!lld.lIIl dOI\1.lIllls judllnwnt In his (avor.
COUNT II
MICHAllJ.J.[~VA(KI y. CARAWAY MANUFACTURE FURNITURE
23. In .IflSWl'r 10 p,lr.llII.lplt 2) o( IIII' Plalnliffs' Complaint reference is made to
parallraphs 1 IhrOllllh 22 InduslVl' of this Answer which are Incorporaled herein by
referonce as (ully as IhoUllh IIII! S,1Il1l' W(!I!' hero sot forlh al length.
24. Adlllilll'd.
2 ~.2(1. Tilt' .1111'1I.Itlons cont,lilll'd in p.lI.lllraphs 25 Ihrough 26 inclusive of the
6
Plaintiffs' Complaint contain conclusions of fact and of law to which no response is
required under the Pennsylvania Rules of Civil Procedure and they are, therefore, deemed
denied and placed in isslle. Strict proof thereof is demanded at the trial in this case. By
way of further answer reference is made to the preceding paragraphs of this Answer which
are incorporated herein by refercncc as fully as though thc samc were herc set forth at
length.
tolEW MATTER
By way of further answcr thc Defcndant avcrs thc following New Maller:
26a. If thc accidcnt occurrcd as allcged, thc condition complained of did not crcate
a reasonably forcsccable risk proximate to thc injuries.
26b. Plaintiff's injuries, as allegcd, werc causcd by other pcrsons or partics which
were intervening, supcrseding causes of Plaintiff's allegcd injurics.
26c. The causal ncgligencc of thc Plaintiff was grcater than any negligence on the
part of the Dcfendant. Thereforc, 42 Pa. C.S. 97102 is a bar to Plaintiff's rccovery. In the
alternative, thc Defendants avcr that any recovery arising from this causc of action must be
diminished in accordancc with the Pcnnsylvania Comparativc Ncgligence Act.
26d. The Plaintiffs' claims and any rights to rccover against thc Defendant is barred
In whole or in part by thc applicable Statutes of Limitations, other similar Statutcs,
contractual provisions and other fundamcntal principles of law Including estoppel, waiver
and laches.
26c. The Plaintiff knowingly and voluntarily cxposed himself to thc hazards
complained of, and said conduct constitutes an assumption of the risk and bars Plaintiffs'
7
dalrm .11I.llllst 11ll! DI'(l'lld.lIlts.
2(,(. 1'1.lillli(('s C0ll1pl.111l1 (ails 10 sl.lle .1 cause o( action upon which relie( can be
W.lIltl'c1.
2hll. 10 thl' (lxll'lll 1'1.lillli(( or .IIlY p.Hty .IVers or attempls 10 apply the provisions o(
1'.1. It CI'. No. nil .III.llllst 1111' ()1!(l'llclant, it is averred Ihat said rule is unconstitutional
ulldl'r 11\1' h'dl'r.11 .lIul SI.1I1' Comlillllions.
2(,h. III 11\1' l'vl'nl Ih.\1 11ll! I'I.Ilnli(( h.1S already or In the (uture enters into any
sl!IIII!1IlI'll1 wllh, or l'Xl'llltl'S .IIlY rl'll'.lse o( .lIlY present or (uture De(endant or Additional
DI!(I'llcl.11l1 or ,lilY Iloll.p.lrly, 1'1.llnlif('s c1.llm5 against this De(endant are reduced by the
Wl!.lll'r o( (.1) 1111' .11111111111 o( l'llllslder.llion or payment received or 10 be received by Plalnti((,
or (h) till' pmporlloll.ltl! or prcH.II.1 sh,He o( liabillly o( the settled or released parly or non-
party .IS dl'll>rInlrll!d pursu.lIllto 1111' <1pplicable comparative negligence statute.
2(,1. 1'1.llnllf(\ C.\lISI' of acllon is barred and/or limited by the applicable provisions
o( Ihl1l'l!Il1lsylv.II1I.1 Motor Vl1hlcl(! Financi.11 Responsibility Law, 75 Pol. C.S.A. 91701, et
sl1q..
2(,j. I( 1'1.111111(( W.IS .If(ordecllimiled lort coverage at Ihe time o( the accident, he Is,
pursU.lI1t 10 1111' I'l'I1nsylvanl.1 Molor Vehicle Financial Responsibility Law, 75 Pol. C.S.A.
~ 1 7lll, 1'1 sl'q.. harred from recovering non-economic loss.
2(,k. A jury Irl.llls demanded.
WHEREFORE, the Defendanl demands judgment in its (avor.
o
COUNT III
MICHAEL I. LENDACKI v. RYDER TRUCK RENTAL. INC.
27. In answer to paragraph 27 of the Plaintiffs' Complaint reference is made to
paragraphs 1 through 26 inclusive of this Answer which are incorporated herein by
reference as fully as though the same were here set forth at length.
28. The allegalions contained in paragraph 28 of the Plaintiffs' Complaint are
specifically denied. On the contrary, at no time relevant hereto was the Co-Defendant,
Lawrence I. Watson, acting as the agent, servant and/or employee of Ryder Truck Rental,
Inc..
29-30. The allegations contained in paragraphs 29 through 30 inclusive of the
Plaintiffs' Complaint contain conclusions of fact and of law to which no response is
required under the Pennsylvania Rules of Civil Procedure and they are, therefore, deemed
denied and placed in issue. Strict proof thereof is demanded at the trial in this case. By
way of further answer reference is made to the preceding paragraphs of this Answer which
are incorporated herein by reference as fully as though the same were here set forth at
length.
NEW MATTER
By way of further answer the Defendant avers the following New Maller:
30a. If the accident occurred as alleged, the condition complained of did not create
a reasonably foreseeable risk proximate to the injuries.
30b. Plaintiff's injuries, as alleged, were caused by other persons or parties which
were intervening, superseding causes of Plaintiff's alleged injuries.
9
JOc. The causal negligence of the Plaintiff was greater than any negligence on the
part of the Defendant. Therefore, 42 Pa. C.S. 97102 is a bar to Plaintiff's recovery. In the
alternative, the Defendant avers that any recovery ilrising from this cause of action must be
diminished in accordance with the Pennsylvania Comparative Negligence Act.
JOd. The Plaintiffs' c1,lims and any rights to recover against :he Defendant is barred
in whole or in part by the applicable Statutes of limitations, other similar Statutes,
contractual provisions and other fundamental principles of law including estoppel, waiver
and laches.
JOe. The Plaintiff knowingly and voluntarily exposed himself to the hazards
complained of, and said conduct constitutes an assumption of the risk and bars Plaintiffs'
claims against the Defendants.
JOf. Plaintiff's Complaint fails to state a cause of action upon which relief can be
granted.
JOg. To the extent Plaintiff or any party avers or attempts to apply the provisions of
Pa. R. c.P. No. 2J8 against the Defendant, it is averred that said rule is unconstitutional
under the Federal and State Constitutions.
JOh. In the event that the Plaintiff has already or in the future enters into any
settlement with, or executes any release of any present or future Defendant or Additional
Defendant or any non-party, Plainliff's claims against this Defendant are reduced by the
greater of (a) the amount of consideration or payment received or to be received by Plaintiff,
or (b) the proportionate or pro-rata share of liability of the settled or released party or non.
party as determined pursuant to the applicable comparative negligence statute.
10
30i. PI,lintiff's cause of action is barred .1nd/or limited by Ihe .lpplicable provisions
of the Pennsylvania Molor Vehicle Financial RespollSihility Law, 75 P.1. C.S.A. 91701, el
seq..
30j. If Plaintiff was afforded limited lort coverage at Ihe time of the accident, he is,
pursuant to Ihe Pennsylvania Motor Vehicle Financi,ll Responsibilily Law, 75 Pa. C.S.A.
91701, el seq., barred from recovering non-economic loss.
30k. A jury Irial is demanded.
WHEREFORE, Ihe Defendant demands judgment in its favor.
COUNT IV
MICHAEL I. LENDACKI v. BUCKHORN CARRIERS. INC,
31. In answer to paragraph 31 of the Plaintiffs' Complainl reference is made to
paragraphs 1 Ihrough 30 inclusive of Ihis Answer which are incorporated herein by
reference as fully as though Ihe same were here set forth .11 length.
32. The allegations contained in paragraph 32 of Ihe Plaintiffs' Complaint contain
conclusions of fact and of law 10 which no response is required under the Pennsylvania
Rules of Civil Procedure and they are, Iherefore, deemed denied and placed in issue. Slrict
proof Ihereof is demanded at Ihe Irial in this case. By way of further answer reference is
made to the preceding paragr.1phs of Ihis Answer which are incorporaled herein by
reference as fully as Ihough the same were here set forth at length.
NEW MATTER
By way of furlher .1nswer the Defendanl avers the following New Matter:
32.1. If the accidenl occurred ,1S alll!ged, Ihe condition complained of did not create
11
a reasonably foreseeable risk proximate to the injuries.
32b. Plaintiff's injuries, as alleged, were caused by other persons or parties which
were intervening, superseding causes of Plaintiff's alleged injuries.
32c. The causal negligence of the Plaintiff was greater than any negligence on the
part of the Defendant. Therefore, 42 Pa. C.S. ~7102 is a bar to Plaintiff's recovery. In the
alternative, the Defendant avers that any recovery arising from this cause of action must be
diminished in accordance with the Pennsylvania Comparative Negligence Act.
32d. The Plaintiffs' claims and any rights to recover against the Defendant is barred
in whole or in part by the applicable Statutes of Limitations, other similar Statutes,
contractual provisions and other fundamental principles of law including estoppel, waiver
and laches.
32e. The Plaintiff knowingly and voluntarily exposed himself to the hazards
complained of, and said conduct constitutes an assumption of the risk and bars Plaintiffs'
claims against the Defendants.
32f. Plaintiff's Complaint fails to state a cause of action upon which relief can be
granted.
32g. To the extent Plaintiff or any party avers or attempts to apply the provisions of
Pa. R. c.P. No. 238 against the Defendant, it is averred that said rule is unconstitutional
under the Federal and State Constitutions.
32h. In the event that the Plaintiff has already or in the future enters into any
settlement with, or executes any release of any present or future Defendant or Additional
Defendant or any non-party, Plaintiff's claims against this Defendant are reduced by the
12
therefore, deemed denied and placed in issue. Strict proof thereof is demanded at the trial
of this case.
NEW MATTER
By way of further answer the Defendants aver the following New Maller:
35a. If the accident occurred as alleged, the condition complained of did not create
a reasonably foreseeable risk proximate to the injuries.
35b. Husband Plaintiff's injuries, as alleged, were caused by other persons or parties
which were intervening, superseding causes of Wife Plaintiff's alleged injuries.
35c. The causal negligence of the Husband Plaintiff was greater than any negligence
on the part of the Defendant. Therefore, 42 Pa. C.S. 97102 is a bar to Wife Plaintiff's
recovery. In the alternative, the Defendants aver that any recovery arising from this cause
of action must be diminished in accordance with the Pennsylvania Comparative Negligence
Act.
35d. The Wife Plaintiff's claims and any rights to recover against the Defendant is
barred in whole or in part by the applicable Statutes of Limitations, other similar Statutes,
contractual provisions and other fundamental principles of law including estoppel, waiver
and laches.
35e. The Husband Plaintiff knowingly and voluntarily exposed himself to thl' hazards
complained of, and said conduct constitutes an assumption of the risk and bars Wife
14
Plaintiff's claims against the Defendants.
35f. Wife Plaintiff's Complaint fails to state a cause of action upon which relief can
be granted.
35g. To the extent Wife Plaintiff or any party avers or atlempts to apply the
provisions of Pa. R. c.P. No. 238 against the Defendant, it is averred that said rule is
unconstitutional under the Federal and State Constitutions.
35h. In the event that the Wife Plaintiff has already or in the future enters into any
setllement with, or executes any release of any present or future Defendant or Additional
Defendant or any non-party, Wife Plaintiff's claims against this Defendant are reduced by
the greater of (al the amount of consideration or payment received or to be received by Wife
Plaintiff, or (bl the proportionate or pro-rata share of liability of the setlled or released party
or non-party as determined pursuant to the applicable comparative negligence statute.
35i. Wife Plaintiff's cause of action is barred and/or limited by the applicable
provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.s.A.
~ 1 701, et seq..
35j. If Husband Plaintiff was afforded limited tort coverage at the time of the
accident, Wife Plaintiff is, pursuant to the Pennsylvania Motor Vehicle Financial
Responsibility Law, 75 P.l. C.s.A. ~ 1701, et seq., barred frum recovering non-economic loss.
32k. A jury trial is demanded.
15
Manufacture Furniture and Buckhorn Carriers Inc., filed an Answer and New Matter on
or about June 29, 1995.
3. PlaIntiffs, Michael J. Lendackl and Barbara Lendackl, his wife, filed a Reply
to Defendants' New Matter on or about July 13, 1995.
4. Plaintiff, Michael J. Lendackl, claims to have been Injured as a result of a
motor vehIcle accident which occurred on or about February 21, 1994.
5. Plaintiffs, Michael J. Lendackl and Barbara Lendackl, his wife, further allege
that on or about February 21, 1994, Defendant, Lawrence I. Watson, was operating a
1989 Peterbelt Tractor, owned by Ryder Truck Rental, Inc., and was acting as an
employee, agent, or servant of Caraway Manufacture Furniture and Buckhorn Carriers,
Inc..
6. Plaintiffs, Michael J. Lendackl and Barbara Lendackl, his wife, further allege
that Defendant, Lawrence I. Watson, while operating the 1989 Peterbelt Tractor, owned
by Ryder Truck Rental, Inc., and acting as an employee, agent, or servant of Caraway
Manufacturer Furniture and Buckhorn Carriers, Inc., was negligent In the aforesaid
operation of the Peterbelt Tractor.
7. Various written Discovery In the form of Interrogatories, Request for
Production of Documents, and numerous oral depositions of parties and witnesses have
been conducted.
2
8. Specifically, the deposition of Plaintiff, Michael J. Lendackl, and
Independent witnesses, Valerie Kerstetter, Kent Kerstetter, and Roger Gascon, were
conducted on January 25, 1996. Furthermore, the deposition of Defendant, Lawrence
I. Watson, was also conducted on January 25, 1996.
9. Defendant, Lawrence I. Watson, at all times relevant hereto did not strike
or collide In any way with the rear end of the vehicle operated by the Plaintiff, Michael
J. Lendackl, or In any way cause and/or contribute to the accident which caused
Plaintiffs Injuries.
10. The Plaintiff, Michael J. Lendackl, does not Identify the vehicle opemted by
Defendant, Lawrence I. Watson, as striking the rear end of his vehicle.
11. The Independent witnesses, Kent Kerstetter and Roger Gascon, verify that
the Defendant, Lawrence I. Watson, did not collide with the rear end of the Plalntlff's
vehicle. Which In any way would be causally related to the accident of Febumry 21,
1994.
12. None of the Discovery conducted has disclosed any factual circumstances,
events, occurrences or matters which would In any way lend support to, establish or
substantiate any findings of negligence, alleged or otherwise, against Defendants,
LAWRENCE I. WATSON and RYDER TRUCK RENTAL, INC. and CARAWAY
MANUFACTURE FURNITURE and BUCKHORN CARRIERS INC..
3
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MICHAEL J. LENDACKI and
BARBARA LENDACKI, his
wife,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 95-1860 CIVIL TERM
LAWRENCE I. WATSON
and
RYDER TRUCK RENTAL, INC.
and
CARAWAY MANUFACTURE FURNITURE
and
BUCKHORN CARRIERS INC.
Defendants
JURY TRIAL DEMANDED
ANSWER OP PLAINTIPPS
TO DEPENDANTS' MOTION POR SUMMARY JUDGMENT
1. Admitted.
2 . Admitted.
3 . Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part, denied in part. It is admitted
that the parties have engaged in discovery. By way of further
answer, Plaintiffs aver that discovery is not completed in this
case and therefore, procedurally this matter is not ripe for
summary judgment.
"'"
.4.
8. Admitted. By way of further answer, Mr. Lendacki
gave testimony which would support an inference that a collision
occurred as a result of Defendants' negligence. (A true and
correct copy of the applicable sections of Mr. Lendacki's testimony
is attached hereto as Exhibit "A".
9. Denied. It is specifically denied that Defendant
Watson did not strike or collide with the rear end of Plaintiff's
vehicle. It is further denied that Defendant Watson did not
contribute to the subject accident. By way of further answer,
plaintiffs attach photographs of Plaintiff's vehicle which clearly
gives way to the inference that a rear end collision occurred in
this case. (A true and correct copy of photographs are
collectively attached as Exhibit "B").
10. Denied as stated. There is more than sufficient
evidence which would raise the inference that Defendant Watson
struck the rear of Mr. Lendacki's vehicle.
11. Denied as stated. The deposition testimony of the
fact witnesses do not verify the existence of any fact. To the
contrary, these individuals would need to testify before a jury so
their testimony could be weighed and evaluated. Given the chaotic
nature of the subject accident and other reasons, a jury may be
just as likely to conclude that the fact witnesses' testimony
cannot be believed in this case.
12. Denied. The averments contained in paragraph 12 of
Defendants' Motion for summary Judgment constitute conclusions of
law to which no responsive pleading is required. Further, it is
MlchaelJ. ~ndack1
January :Z5...1996
Michael a Barbara ~ndackJ v.
Lawrence Walson a Ryder Renlal a Caraway
Pago 3 Lawyer'. NotetJ
111 STIPULATIONS
12) IT IS STIPULATED AND AGREED h)' and hetween
131 counsel for the respective parties that the seallnH, and
141 tiling of the transcrlplls waived and that all ohjectiolls
151 excepI as to the form of the questions are reserved to the
101 time of the trial,
171
101
(el
1101
Ill)
112)
1131
1141
(151
116)
1171
(10)
lIe)
120)
1211
1221
1231
1241
1251
MICHAEL J. LENDACKI,
called upon b)' Defendants to Hive tcstil11on)', hclnH dul)'
sworn b)' me, testified as follows:
EXAMINATION
BY MR. BIALKOWSKI:
Q: Mr. J.cndackl, my name Is Z}'1l OIalkowskl; and I
represent the various Defendants arising out of a motor
vehicle accident which occurred in Upper Allen Township Oil
February 21, 1994.
I'm Ilelnllto he askinll )'OU a number of questions
concernlnll: No, 1, your hack ground - }'our work history,
educational history; then I'll ask questions about the
accident itself. And I'll also be asking questions about
what injuries you sustained in the accident and what medical
treatment )'ou've received and how the)"ve affected )'ou,
If at an)' time durlnllthe course of m}'
questionlnll )'ou don 'tunderstand a question which I ask you,
please do uot answer it, Tell me )'OU don't understand it,
and l'Utr}' to rephrase it so it will be understandable,
('I Okay?
(2) A: 11tal's fine,
131 Q: We have a court reporter here who will be
(4) transcrlblnll everythinlll sa)' and everythlnll you say; and
(51 therefore, it's Important in order that the transcript he
161 accurate that all of your answers be audible _
171 A: All rl!lill.
(6) Q: - and that you sa}' I don't know, ma}'he, or
191 whatever your response Is, lIutlf you sa)' uh.huh or you
1101 shake )'our head, the court reporter does nO! know what that
(111 means, So please make certain to do that,
1121 And It's our understandinllthat }'OU wfll be
(131 readlnll the deposition followlnll receipt of the transcript
114! so that }'ou can make whatever correctlolls, additions, or
1151 deletions you feel are warranted and necessary.
1'61 Also, If at any time durinllthe course of Illy
1171 questlonlnll you want to take a break for whatever reason,
1161 just tell me; we'Utake a break. If you wish to talk to
11el your attorney in private, please tell me; and I'll he more
1201 than happy to take II break so }'ou can do so, Oka)'?
12') A: 111I1t'S fine,
1221 Q: Mr. J.cndackl, for the record, would )'OU stale
1231 )'our name, please?
1241 A: ~lIchaeIJohn Lendackl.
1251 Q: J.cndacki, correcl, sir?
Page 3 - Page 4 Mln'V-Script.!>
Pago 4
,-
Ke}' Reporters (717) 764-7801
Michael a Barbara Lendackl v.
Lawrence Wabon a Ryder Reneal 8< Caraway
..
II) A: TIlat's correct,
121 0: And )'our present address, sir?
131 A: It's 38 Junction Jload, Dl11sburll,l'enns)'lv:lnia,
141 16019 Is the zip,
151 0: And )'our date of birth, sir?
IBI A: 6114/57.
171 0: And are )'oumarrled?
IBI A: Yes, I am.
191 0: Ami your wife's name?
1101 A: Barbara,
Ill) 0: And when were: )'OU married, sir?
1121 A: We've been married In AUllust of '89.
1131 0: And do you presentl)' have any children?
1141 A: Yes,l do.
lIS) 0: And how many?
I'BI A: I have two daughters,
1171 0: And what are their :lges, sir?
IIBI A: TIle one Is 5 1/2. and the other one will he
1191 3 In March.
120) 0: SO )'OU had hoth of these children also Jtthe
1211 time of the accident, correct?
1221 A: TIlat's correct.
12:11 0: And was this your first marrlalle. sir?
1241 A: Yes.
1251 0: And what is your social securit)' number.
Page 5
Paga 6
111 Mr, Lendackl?
121 A: 190-42'7-
131 0: Take )'our time. TIlat's oka)'.
141 A: I have too many numbers In m)' head,
151 190-42.7\36,
IBI 0: Okay, Now. Mr, Lendackl,letme 110 throullh )'our
171 educational backlll'ound, Did you attend high school?
IBI A: Yes,l did.
191 0: And did youlll':lduate from high school?
1'01 A: Yes,
1111 0: And what hillh school did youlll'aduate from?
1121 A: OleyValley,
1131 0:01-
1'41 A: O.L.E.Y.
1151 0: And where Is that located?
I'BI A: It's located about ten milcs cast of Ileadhlll.
1171 0: And what year did )'oulll'aduatc?
IIBI A: 1975,
1191 0: And followhlll )'our llI'aduatlon from Olc)' Vallc)'
1201 HiWI School, did )'OU havc ;IIlY furthcr educ:ltlon?
1211 A: Yes,lllld,
1221 0: And wh;lt W:lS th;ll, sir?
1231 A: I allendedl'ennsylv:lnia St;lle,mechanical
1241 enwneerinlllechnolllll)'.
1251 0: And when did )'llullradmlle fwml'enn Slatc?
Key Re:poners (717) 764.7801 Mln.V.Script!>
MlchaelJ. Lendackl
January Z5, 1996
~...
-
uwy.,'. Nol..
Page S . Page 6
MlchaelJ. Lendackl
Janu~ 15..1996
Michael A Barbara Lendackl v.
Lawrcnce Watson A Ryder Rcntal A Caraway
Pago 7 L.wy.r', Notll'~
111 A: August of 19111l.
121 Q: 19?
131 A: 'llll.
(41 Q: Oka)'. Mtcr waduatlnll from Olc)' Vallc)' IlIlIh
151 School, did )'OU Immedlatel)' 110 on In further education? Or
181 do )'OU 1I0lntothc work force or mlUtaq' or wlmt?
171 A: I work cd - aftcr graduation, I WCnt to work.
181 Q: Whcn did )'OU start at Pcnn Statc thcn?
101 A: I startcd In - It would havc bccn fall of '1l3.
1101 Q: IIctwccn 1975 whcn )'oUllraduatcd hlllh school ami
(111 the faU of 19113, wherc did )'nu work?
1121 A: I was working In m)' father's business.
1131 Q: First, dld that havc a name In It?
1141 A: It's - the buslncss name Is CJ. Lendackl
1'61 Palntlnll and Decoratlnll.
(181 Q: Betwecn 1975 and 1983, did )'OU hold an)' othcr
1171 cmplo)'mcnt?
1181 A: No.1 dld not.
1101 Q: Oka)'. What t)'PC of work did )'ou do for )'our
120) fathcr's buslncss?
1211 A: Wc wcrc paint, dccoratlng, small
1221 contractlnll.t)'pc lobs, aluminum sldlnll, that t)'pc.
12:11 Q: And did )'OU do all thc dlffcrcnt jobs?
1241 A: Ycs.
1261 Q: Old )'ou contlnuc to hold an)' cmplo)'mcnt whllc
(11 )'OU attcndcd Pcnn Statc Unlvcrslt)'?
121 A: Ycs,l dld.
13) Q: Would that also havc bccn with )'our fathcr?
(41 A: As wcll as a - scvcral othcr positions.
161 Q: Would thcse have been part.time jobs that )'OU
181 would have had held down while )'OU were In the course of
171 your studles?
(81 A: I had a co.op englneerlnll position at - with
101 G.P.U. Nuclcar down In Middletown - Mlddlclnwn, PA, TItree
1101 Mile Island.
1111 Q: Right. How long did )'Ollf co.op last?
1121 A: Um, If I remember correcti)', It was an
1131 elght.month stint.
1141 Q: And did you 110 contlnuousl)' for that clllht
1161 months In thc co-op?
1181 A: Yes.
1171 Q: And did )'OU havc an)' further co.op work whllc
1181 you werc matrlculatinll?
1101 A: NO,I did not.
1201 MR. BIALKOWSKI: Off thc record.
1211 (At which time, there was a brlcf pausc Inthc proccedings.)
1221 BY MR. BIALKOWSKI:
1231 Q: Oka)'. Following )'our waduation fcum Pcnn StollC
1241 lJnlverslt)', did )'(lllgct a lob with an)' business or com pan)'?
1251 A: Ycs, I did.
Pallc 7. Pallc II Mln.U.ScrlpM
Pago 8
Kcy RClloeters (717) 764.7801
Mlth.el a Barbara Lendatkl v.
Lawrente Walson a Ryder Relltal a Caraway
..
II)
121
13)
141
151
161
171
16)
Ig)
lID)
1"1
1121 Q: AmI how lonll did you hold that lob?
(13) A: I was there for one year.
1141 Q: And after that, where did )'oU go In work?
(151 A: I took a position with Shindler Elevator
116) Curporatlon,
1171 Q: And where Is that located?
1161 A: It's located In Gellrsburg,
11g1 Q: And did that position - strike that.
1201 Old )'OU start that lob Immediately after )'OUf
1211 job with T,R,W, ended? Or was there a period of time -
1221 A: I think there was about - there was about three
123) month between positions,
124) Q: You probably can anticipate where I'm going. but
(251 don't start answering until I'm finlshed,11le reporter
Page 9
.
Q: And who was Ihat with?
A: 11,at wasT.R,W,
Q: And where Is that located?
A: 11le position I held was In Danvllle.
I'ennsylvanla,
Q: And whal position did rou hold?
A: 11,at of manufacturlnll engineer,
Q: And did )'ougetthat job upon )'our graduation?
A: Yes,
Q: In other words, right afterwards?
A: Yes.
Page 1 0
111 cannot take both ufus at the same time,
121 A: All right, Not )'et,
131 Q: Okar, So then )'OU had about a three-month
141 hiatus, and then you went to work with Shindler Elevator In
151 Getl)'sbufg?
161 A: 11lat's currect,
171 Q: And what lob did rou have with Shindler
161 Elevator?
Igl A: I was an associate engineer,
1101 Q: And how lonll did )'OU work for Shlndlc:r Elevalnr?
1111 A: 3 1/2 rears,
1121 Q: When did )'ou last work for Shlndlcr?
1131 A: It would ha\'e bccn April of '93.
1141 Q: Br thc wa)', you mentioned earlier ruu wcre
1151 married In August of '89?
1161 A: Correct.
1171 Q: Did rou start work with Shindler befure or after
1161 rou wcre married?
(1gl A: After - after we werc marrlcd,
1201 Q: Okar, Oka)'. After your cmplo)'ment with
(2'1 Shindlcr cnded. where did rougo 10 work?
1221 A: Truc Tcmper \lardware.
1231 Q: And wherc was Ihatlocatcd?
1241 A: l11i1t's loc:ucd In Camp 11111, Penns)'lmnla.
1251 Q: And whatt\.pc of jub did rOll have with Truc
Key Reporters (717) 764.7801 Min.V.Script\!>
Mlthllelj. Lendl\ek!
January 25. 1996
..'
Lswy,,'s NoI..
Page 9 . Page 10
Mlc:hacIJ. Lendac:kJ
Janu~ 15..1996
Michael a Barbara LendackJ v.
Lawrence WalSon a Ryder Rental a Caraway
Page 11 uwy.r'. NaIr.
III Temper Hardware?
121 A: I'm a manufa~n1rlnll enwneerinll.
13) Q: And how lonll - when did that joh stan?
14) A: TIlat started In :'oIa)' of '93,
16) Q: And arc you stlll worklnllthere?
16) A: Yes, I am,
111 Q: And Is YOllr position still manllfacturlnll
161 engineer?
IDI A: Yes, It Is,
1101 Q: Oka)'. Now, while we're on your emplo)'melll,
1111 Mr. Lcndackl, we understand that as a result ef the accident
112) of Februaf)' 21, 1994, that YOII did sllstaln Injuries?
1131 A: Um.hum.
1141 Q: Did you miss any work as a result of the
IISI Injlll'les that you sllstalned?
1161 A: Yes. I did.
Ill) Q: 1111s accident happened on a Monday sometime In
1161 the morning hours, according to the police report. Were YOII
11D) on the fob at that time, or were YOII off that da)'?
1201 A: I was working that da)'.
121) Q: And If )'OU know. were YOllr medical bills that
122) you Incurred covered b)' Worker's Camp? Or were they covered
123) by YOlII' autumoblle policy -
124) A: TIley were covered by Workmens' Compensation.
12S) Q: - for the time that YOII would have missed?
III A: I aSSllme It was from Workers' Camp, yes.
121 Q: All rlglll. YOlIgot a check In the mall-
13) A: Yes.
141 Q: Do you know who the workers' compensation
15) carrier was?
161 A: I don't remember.
17) Q: Okay. Oka)'. Flrst,l'U ask this generally.
16) If you can give an answer, how much time did YOII miss from
IDI work as a result of the Injuries )'ou sustained?
110) A: J was off completely three weeks. And then I
Ill) went back to work half days.
112) Q: And for how long did you work half days?
113) A: I'm not exactly sure how long that period was.
1'4) Q: When you worked half da)'s, did you receive a
1151 separate check from the -
116) A: No.
I'll Q: - compensation carrier for difference in wages?
118) A: No, I - I did nOlo
119) Q: Ill' the way, how were you paid as the
120) manufacturing enwneer? Was that a salary position, or was
1211 It an houri)' rate?
1221 A: II's a salary position.
1231 Q: When you weill back half da)'s, did )'011 receive
12" )'our full salary?
1251 A: Yes. I did.
Page 11 . Page 12 Mln.U.Script1!l
Paga 12
Key Reportel'll (717) 764.7801
Michael a Barbara Lc:ndackl v.
Lawrence Watson a Ryder Rcntal &: Caraway
.
Pogo 13
(II Q: After )'ou wcnt back - )'011 missed lhe three
12) weeks: and then )'ou went back, Did )'oumlss an)' other time
131 since then up until toda)' as a result of lhe Injuries, In
14) other words?
161 A: 11te time I spent going to doctors,
151 Q: Okay, So when yon would have to go 10 a doctor,
171 then you would miss work 11m day?
151 A: 11lat's correct,
191 Q: When )'ou had to do that, did Ihe)' dock your pOI)'
110) 011 all?
1111 A: NO,the)' did not,
1121 Q: Did )'oulose anything? And b)' thai I me;m, were
(13) )'OU entltled to so man)' sick days a )'ear In )'our job -
1141 A: 11lere's -
1161 Q: - or don't the)' have thai?
1161 A: 11lere's no wrluen pollC)' on sick da)'s on
1171 professionals such as m)'self,
11BI Q: aka)', And did )'ou have to use any vacatlon da)'s
1191 to go 10 )'OUf doctors?
120) A: NO,I did not,
12'1 Q: aka)', SO )'OU did miss work to go Wthe doclllrs
1221 perlodicall)', but )'OU weren't docked?
123) A: 11lat's correct,
1241 Q: Arc you working full time now?
1251 A: Yes,l am,
111 Q: Although you don't know exactly how long )'on
(21 worked half days, do )'ou have an approximation as to how
PI many weeks of that )'011 worked half days?
(41 A: I'm going to sa)' threc or four wceks,
151 Q: M)' understanding Is that hnmedlately after this
151 accident, you were hospitalized; Is that correct?
171 A: 111at's correct,
151 Q: Other than for thai hospitalization, have )'ou
191 had an)' further hospitalizations as a resull of the InJurlcs
(10) )'ou sustained In the accident?
(II) A: NO,I have not,
1121 Q: aka)'. Have )'our Injuries Ihat YOlI received in
1131 the accident of February 21, 199,1, affecled your abllll)' to
1141 perform your lob responslblllllcs as a manufaclurlng
1161 engineer - other Ihan for thc period of time Ih;11 )'llll
1'61 weren't at work, obvious I)'?
1171 A: After even returning to work?
IIBI Q: IlIght,
(191 A: 11lcre were things I knew I was nOI ahle 10 do
1201 that I could do before,
1211 Q: And whatl)'pe of things were thcy, sir?
1221 A: :\I)' balance was sel'erely affected, ;ulllI IUld III
1231 be extremel)' careful worklrll\ Inlhe plant.
1241 Q: Oka)',
1251 A: Duc tlllhe Inlurles I don't knoll' exal'tlr what
Key Reporters (717) 764.7801 Mln.U.Sc:rlpM
Page 14
Mlchllelj. Lc:ndllckl
J~nua':Y 25, 199b
Lawy.,'. Not..
J'age 13. Page I..
MlchaelJ. Lcndacld
JanU~Z~1996
Michael a Barbara Lcndacld v.
Lawrence Watson a Ryder Renlal a Caraway
Pogo 15 LIIWYII"'. Not...
111 II WOS - but my speech was affected. I had lU think real
121 hard before I spoke In order to m:lke - In order to make
131 complete thoughts come out.
141 Q: Okay. An)' OIher wa)'s?
161 A: At the moment, I c:m 'tthlnk of any other ways.
181 Q: aka)'. Now, let me just go Into those two are:ls.
171 If you could, please, with rcspectto )'our hal:lIlce helnll
181 severe I)' affected, did )'OU have any accident on the joh
Igl hccause of prohlcms wllh )'our b;llance1
1101 A: No, I did not.
11'1 Q: And did you have any accidents on the fob which
1121 In any way could have been caused hy or at least a
1131 contrlbutlnll factor - would the problems that you werc
1141 havlnll wllh your speech -
1161 A: No, I did not.
1181 Q: As of IOday, which 15 almostlWo )'ears since the
1171 accident, are you still experiencing balance problems?
1'81 A: No, I am nOl.
IIgl Q: How lonll did you h;lvc this balance problem, as
1201 best you can recall, sir?
(211 A: It was about six months after the accident,
1221 Q: And your speech problem the way )'ou described
1231 It, are you still havlnll problems wllh that?
1241 A: No, I'm not,
1251 Q: And how long did thai problem exist after the
Pogo 16
acci1ent?
A: TIlat, allain, was probably for about a slx.month
period,
Q: Oka)'. Were you passed over for promotion or did
you faUto Ilet any l}'Pe of pay raise because of the fact
that you had been Injurcd In this accident and had to miss
the work which )'ou described -
MR. BURCH: I /ust want to ob/ectto the extent
that he might know that was the case,
BY MR. BIALKOWSKI:
Q: I don't want you to think - I'm tqinlllU think
all of my questions to the extent that you would know, And
the mere fact I that ask a question, I'm not prcsumlnllthat
you did know an answcr, And If )'OU don't know
somethinll- just onc Instruction I dldn'tlll\'e you; but
I'll give toto you now.
Don'tlluess hccause )'our :lllorney doesn't want
you llllluess and I don't want you lU lIuess. If you know
something, fine; If )'OU don't know somethlnll, )'ou tcll me.
A: I wasllolnll to say I don't know.
Q: Okay. Good.
A: It's Information J'mnot prl\'lIedlled tn.
MR. BIALKOWSKI: lie doesn't need :111 these
attorney's Instructions. He knows anyway.
BY MR. BIALKOWSKI:
Min-U-ScriptGi
1'1
12)
13)
14)
16)
181
{71
181
191
1101
1111
1121
1131
1141
1161
1181
1171
(181
1191
1201
(211
1221
1231
(241
1251
Page 15. Pallc 16
Key Reporters (717) 764-7801
Michael a Barbara l.endackl v.
Lawrence Walson a Ryder Rental a Caraway
..
II) a: All right. Well,let me stick with Ihe - rour
121 In/llrles then.
131 A: 111al's I1ne.
14) a: When Is the I1rsttlme Ihal rou became - thaI
ISI )'ou recognized or realized, became aware, thaI rou'd been
18) Injureu somehow?
171 A: I don't know the exact lime perlou.
18) a: aka)'. As far as )'OU know, as rou can tl~call, uo
16) )'ou recall If )'oulost consciousness ilt iln)' time because of
1101 the ilcciuent?
III) A: Ves. Ves, I did.
1'21 a: Do )'011 recall from the time of the ilccluent
113) an)'bou)' coming to renuer )'OU an)' assistance?
1141 A: Not unllll WilS belngloaued In the ambulance.
115) a: Do )'OU have recollection of an)' eOll\'ersallons
(16) with anrbou)' or an)'bnu)' sa)'lng ,lI1)1hlngto )'011 between Ihe
1171 time Ihat )'olllnltlall)' were Injured to the lime that rOil
(16) were belngloaueu In the ambulance?
1161 A: No, I uo not.
120) a: aka)'. If )'oU know. UO )'011 recall whelher )'OU
1211 were ph)'slcall)' conscious alllhe time Ihat)'ou were In the
1221 ambulance?
(23) A: Um, I was not,
1241 a: Vou were nnt?
125) A: No, I was not.
Pogo 17
II) a: aka)', Anu UO )'OU recall an)' conversations )'011
12) wOlllu have had with anr of the amblllance crew whlle )'011 were
131 belngtrilnsporlcu to Ihe hospital?
141 A: I on1)' recall belngloadeu In Ihe ambulance,
(S) a: What's the nextthing)'oll recall after thaI?
161 A: Um, I remember In the emergenC)' room going Into
17) a - I'm not sure what the termlnolog)' of Ihe machine Is,
(81 It's where the)' take )'our whole bou)' X.ra)',
16) a: Right.
1101 A: 1 remember being - baslcall)' helngtransported
(111 Into thaI machine, For some reason, that sticks In m)' mind.
112) a: Do )'011 recall experiencing an)' pain while )'OU
1131 were being transported to Ihe hospital?
1141 A: I uon 't recall the Irip to the hospllill.
IISI a: aka)', Do rOil recall experiencing iln)' pilln once
1161 )'011 got Into the hospital? VOII mentioned this trpe of
1171 machine thatlhe)' pUl)'ouln to X'ra)' -
1181 MR. BIALKOWSKI: Off Ihe record just iI second.
1161 (At which time, iI ulscusslon was held uff Ihe recoru,)
(201 THE WITNESS: Yes, I remember extreme pain,
12'1 BY MR. BIALKOWSKI:
1221 a: And where - In whilt part of )'our bod)' did rou
(231 have this pilln. sir -
1241 A: I'm goh1llto -
(2S1 a: - as hest rOil can recilll? I reilllze Ihilt
Key Rcpol1crs (717) 76-1-7801 Min-U.Script1X>
Pago 18
MlchaelJ. l.endackl
January 25. 1996
.'
bwy.,.. Not..
Page 17. Page 18
MlchaelJ. Lendacld
Janu~ 25,.,1996
Michael a Barbara LendackJ v.
Lawrence Watson a Ryder Rental a Caraway
Page 19 Lawy.r'. No''''
(11 you-
121 A: I'm going to say I ached all over.
131 Q: Okay. How long were )'ou hospitalized?
141 A: I believe It was three days.
151 Q: I don't necessarll)' expect )'OU to know medical
161 termlnolog)'. So when - I'm going 10 ask )'outhls
111 question. I'm nO! looking for a doctor - but do you know
161 what Injuries you sustained from this accident?
191 A: PrellY much so, )'es.
(101 Q: Okay. Do )'ou want 10 tell me what the)' were?
1111 A: TIle e)'e socket around my left eye was broken In
1121 several places. My cheek was fractured several different
1131 directions.
1141 Q: And you're pointing 10 your left cheek~
1151 A: TIlat's correct.
1161 Q: aka)'.
1111 A: My law was broken in two places.
1161 Q: Now, again, you pointed to your -
1191 A: Lc:ft.
Ii/OI Q: - left jaw?
1211 A: TIlat's correct.
1221 Q: And would It be the upper or lower portion of
1231 the jaw, If you know?
1241 A: TIle upper portion of the jaw as well as the
1251 socket itself.
Page 20
111 Q: Okay.
121 A: And from there, I had - I'm going to say my ear
131 was almost torn in half; and they sewed that back together.
141 I had a cut on my shoulder.
151 Q: You're pointing to your left shoulder?
161 A: That's correct.
111 Q: To your knowledge, did that require any
161 suturing?
191 A: NO,lt did - It did not.
1101 Q: Okay.
(111 A: I also had a gash In my left shin.
1121 Q: Old that require any suturing?
(131 A: No, It did not.
1141 Q: Okay.
1151 A: I helleve that's the extent of what happened.
1161 TIle other ones were trauma.type, )'ou know, severe neck
1111 stiffness or ache, whatever )'ou want to sa)' there.
1181 Q: Okay. You mentioned your eye socket around the
1191 left eye, left cheek fracture, the jaw broken In two places.
1201 With respect to the treatment of those Injuries, do you kllow
12'1 If you required any surgery In which the)' would cut )'our
1221 sldn so they could go ahead and address the problems with
1231 the fraclllres or breaks?
1241 A: TIley completcl)' loosened the skin off - on Ihal
125\ side of mI' face from my e)'e down Inside. It went frnmthe
Palle 19 . Palle 20 Mln.U.Scrlpt@
Key Reporters (717) 764.7801
Michael Ii Barbara Lendacki v.
Lawrence Watson Ii Ryder Kental a: Caraway
Pago 21
II) Inside of my mouth, pulled the skin aWOl}', broul\htthe bones
12) back out Into position, I know have three steel plates on
13) that side of my face.
14) Q: Okay, With respect to }'our face - and I'm not
15) talking about your e3r, I'm Iloinllto ask that next,
181 A: Okay.
171 Q: But with respect III your fOlce area, it's the e}'e
181 area, the face?
191 A: Yes,
110) Q: Are there an}' scars on your face from this
Ill) aceldent?
112) A: There's one by my left eye, 11ut's right in the
113) eyebrow though,
114) Q: Okay.
115) A: So that's where It's located.
1181 Q: You mentioned that your car was almost torn In
117) half, Is there any scarring in - on your ear?
118) A: If you look in my ear, you can probOlbl}' see from
(19) here there's a red line that extends in across my ear.
1201 Q: n,ere's a - roughly In the middle of the ear on
1211 the side of your head next to your sldeburn, there's a red
1221 mark?
123) A: That's correct.
124) Q: And then it looks like on the inside of the ear
1251 that there's seme kind of scarring. 11,at what }'ou're
Page 22
. '
,
(11 talking - it looks like a line extending into there?
12) A: That's correct, 11,at's correct,
(31 Q: Old you suffer an)' eye problems, In other words,
(4) vision problems as a result of the accident?
15) A: Yes, I did.
181 Q: What type of vision problems did you suffer?
(7) A: To this day, I have what I refer to as - my e}'e
181 Is lazy,
(91 Q: And which eye Is that?
1101 A: That's the left eye, I have to force it to
1111 bUnk,
1121 Q: Have you received any medlcaltreatmelll for that
1131 condition?
1141 A: For a good period of time after the accident, I
1151 was - I had a lubricant that I pUlin the eye to assist the
(181 action of the eye close - or blinking.
1171 Q: Old you go to see an}' ophthalmologists or
1181 optometrists or any other eye speclOlUsts for the problem
(191 you were having with your left eye?
1201 A: Yes, I did.
1211 Q: Do you recall who that was?
1221 A: I don't recall their nOlme.l1,ey were 011 Penn
1231 Stale, Hershey Medical Center.
1241 Q: Were - whoever you say lhat was - strike that
1251 question.
Key Reporters (717) 764.7801 Mln.I].ScriptlAl
Mlchaelj. lc:ndacki
January 25. 1996
.. .
Lawya,'. Not..
page 21 . Page 22
Mldw:IJ. LendackJ
Jan~251..1996
Michael a Barbara 1cndackJ v.
Lawrence Walson a Ryder Renlal a Caraway
Page 23 Llwy.,'. Not..
III By the way, whal hospital were )'OU transported
121 to?
13) A: lIershe)' Medical Center,
141 Q: Okay. Did )'ou see Ihose e)'e speclallsls or
151 speclallsls while )'OU were hospllallzed Ihose three da)'s?
181 Or was II sometime after thalth:at you went hack?
171 A: II was sOlllelfme after,
181 Q: What did the)' do for )'ou?
(G) A: Urn, like, It's - maybe we sbould step back. I
1101 was experienclnll f1asblnllln Ill)' e)'e,
1111 Q: Okay.
(121 A: And that was orilllnally wby I inllfated the
(13) visit,
(141 Q: When did you first start III experience the
(15) f1ashinll in your e)'e?
(181 A: TIlIs was probably when I was at home after the
117) three da)'s I was in the hospital. I'm not sure of the time
118) period,
(191 Q: aka)', And in f1ashinll, was It In both eyes or
(201 just the one e)'e?
121) A: Just the left e)'e.
1221 Q: And did an)'bod)' tell )'OU wbat was causlnllthat
(23) flashing when )'OU went to the hospital?
(241 A: TIley really never gave me a good explanation of
(25) it.
(11 Q: Did they tell )'OU to do an)'thinll for It? In
(2) olher words, give you a medical - give )'ou a prescription?
131 tell you to do certain exercises?
(4) A: No, TIlere was nOlhlnll prescribed like thaI
151 there.
(81 Q: Did they tell )'ou to avoid an)'thinllllke brighl
(71 sunlight or anythinllllke that?
(8) A: I was to avoid brlllht sunllllht, )'es.
(GI Q: aka)'. Was It )'our decision 10 use the
(10) lubricant?
(II) A: No. II was their's.
1'21 Q: TIley lllld )'OU also 10 use Ihc lubricant?
1131 A: Yes.
(141 Q: How many times did you 110 see the e)'e
1151 specialists at the Hershe)' Medical Center?
(181 A: I know I was Ihere at least twice.
(17) Q: Whcn's the Jasttime you saw any member of the
118) mcdlcal profession for thc problem thaI you expcrlence wllh
(IGI )'our left cye?
(201 A: I hall a complele e)'e examination one year after
1211 Ihe accident.
1221 Q: Do )'ou know whollld Ihat?
1231 A: TIlal was, allain, alllershey ~tedical Celller.
1241 Q: What - III your knowledgc, what was the result
125) of thaI complete e)'e ex,ul1lnation?
Page 23 . Page 24 Mln.V.Script\\)
Page 24
Kc)' Heporters (717) 764.7801
Michael a Barbara tendackl v.
Lawrence WalSon a Ryder Rental It. Caraway
~
111 A: 111atthe - the result was m)' vision Is where It
121 was before the accident.
131 Q: Did )'OU require glasses before the accident?
141 A: NO,I did not,
IS) Q: Either for reading or distance?
IBI A: No,
(71 Q: And do )'ou require them now?
IBI A: No, I do not,
Igl Q: Okay, Go ahead. Your vision was normal -
1101 A: And the difficulty blinking. 11lere's ver)'
1111 little that can be done 10 help that or to correct It.
1121 Q: As we sit here IOda)'. do )'OU stili have that
1131 difficulty blinking?
114) A: Yes,
11S1 Q: And do you stlll use an e)'e lubricant for that?
I'BI A: ani)' on occasion,
1171 Q: You mentioned a laz)' left e)'e, Did the)' have
11BI that - find that )'OU had a laz)' left .:)'e?
Ilgl A: I guess If I was more speclflc, It's the muscles
1201 around it.
1211 Q: Right.
1221 A: That's - the e)'e itself seems fine. It's the
1231 muscles tltat control the blinking. And that's where the
1241 laziness is.
1251 Q: aka)'. So let me explain what I understand.
Page 25
Page 26
111 When you mentioned laz)' eye, let me explaIn what Ithouglll
121 you meant; and you can tell me If this Is or Isn't what
131 )'ou're suffering.
141 A: Um.hum.
IS) Q: Some people describe a lazy e)'e is that the e)'e
IBI doesn't move - the e)'eballltselfdoesn't move In tandem
171 with tile other e)'eball so tim when the)"re looking at
IBI something, ever)'thlng can get disjointed because the eyes
Igl are not In uniform movement as opposed to the e)'elld
1101 blinking or things like that?
1111 A: I don't experience an)' trouble with the e)'e
1121 Itself moving. It's the muscles that control the bllnklnll.
1131 Q: aka)', And otiler than the discomfort that )'OU
1141 would have or the - or how It would Irritate that
1151 problem-
I'BI A: Um.hum.
1171 Q: - how has tllat affected )'ouln )'our dal"lo.ua)'
(lBI life, If at all?
(lPI A: 111at e)'e dries out prematurel)'; so It causes
1201 discomfort, especlall)' in weather like we have rlllht now.
1211 Q: All rlglll.let me go next \lI)'our ear. Did )'oU
1221 have .In)' hearlnll problems after the accldel1l?
1231 A: After the accident, 111)' hearhlll was Impaired In
1241 that ear.
1251 Q: Your left e.tr?
Key Reporters (717) 764-7801 Min-U.Script!>
MlehaelJ. Lc:ndllckl
January 1', 1996
...
bwy.,'. Not..
Page 1S - Page 26
MkhKlJ. Lendacld
January 25L.,1996
Michael a Barbara l.endacld v.
Lawrence Watson a Ryder Rental a Caraway
Page 27 Lawyer'. Note}
" 111 A: Yes, that's correct.
12) Q: Is It stUllmpalred?
131 A: No, It's not,
14) Q: How long did this Impaired comUtlon exist after
151 the accident?
18) A: At least a year,
171 Q: Did the doctors teU you why your hearlllll was
181 impaired?
101 A: There was a - a lot of swelling In that area;
(10) and just the shock itself that that area experienced.
Ill) Q: You mentioned you had a cut on your left
112) shoulder that didn't require any sutures. After that
113) healed, did you have any other problems with )'our left
1141 shoulder?
1151 A: NO,I have not.
1181 Q: You mentioned that )'OU had a gash In your left
(171 shin, which also did not require sutures. After that
1181 healed, did you have any further problems with your left
1101 shin?
1201 A: NO,I have not.
1211 Q: Have you had any problems of any sort with the
122) lower part of your body from the waist down as a result of
123) tile accident?
1241 A: No.
125] Q: You mentioned that you had stiffness and
Paga 28
111 achiness In your neck -
12) A: Um.hum.
13) Q: - after the accident. Do you stlll expericnce
14) that?
(5) A: Yes, I do.
IJ) Q: And could you describe In more detail how
I7J this - where you have this stiffness and acldncss?
lBI A: Urn, It extends down Into my shoulders.
(01 Q: And how frequently do you experience this?
(10) A: Ever)' day.
Ill) Q: Do you take any medication?
112) A: Yes, I do.
1131 Q: What medication Is that?
114) A: TIle doctor prescrlbcd - but It's an
1151 over.the-counter medicine to take - Ibuprofen.
1181 Q: How many do YOlltake a day?
1171 A: At least IWO,
(181 Q: Do tlley help?
(101 A: Yes, tlley dn.
1201 Q: Old you take any lllday yet?
1211 A: Yes, I did.
1221 Q: As we sit here, are you expcrlencing any
1231 achiness or stiffness In )'ollr neck?
124' A: Not present - not nnw.
125\ Q: Old any of the doctors tell YOII what was callsh11l
Page 27 . Page 28 Mln.U.Scrlpt1!l
Key Reporters (717) 764-7801
Michael a Ilarbara Lc:ndackl v. MlchaelJ. Lc:ndackl
Lawrence Watson a Ryder Renlal a Caraway January 25, 1996
-
. PBge 29 Lewy.,.. Not..
111 Ihal?
121 A: We discussed II, II was IlIsllrallma to that
131 area. nlere's no bone strllcture damage. It's lust, )'ou
(41 know. the extreme shock 10 thai area, TIlls Is what -
(51 Q: Old any of the doctors ever Indicate to )'011 as
(B) to how long they tho light )'011 would continue to experience
17) the achiness and the stiffness?
lBI A: That was an Indefinite period.
(91 Q: By the way, were all the medical personnel that
1101 treated you In this - as a result of YOllr Injuries at that
Ill) time of the treatment located at the Hershey Medical Center?
1121 Maybe that's not a clear question, Old )'ou go to see any
(131 doctors other than Ihe ones you saw at Hershey Medical
1141 Center?
1151 A: Yes, I did.
11BI Q: And who was that?
1171 A: I started with my dentist becallse I was
I'BI experiencing problems with m)' teeth,
1191 Q: Right.
1201 A: And he ,In turn, referred me to - I believe the
1211 gentleman's name was Dr. Daile)' Woods.
1221 Q: By the way. who is )'our demist?
(231 A: Frank Hauck. I believe his last name Is Hauck.
(241 Q: H.A.U-C.K?
1251 A: I helieve so.
PBge 30
111 Q: We have a record from a Rand)' Hauck.
121 A:Oh.
131 Q: That's an M.D.,thOllgh?
(41 A: Excuse me . I'm - he was my doctor. Now, off
(51 the top of my head, I can't think of the - my dentist's
IB) last name.
I1l Q: Do you know who Dr. lahar, L.A.H.A.R, Is?
IBI A: I don't remember.
101 Q: Okay. I may have asked you this. I apologize
1101 if I reask a question. Did I ask you who your family
1"1 physician was?
.. (121 A: No, )'ou did not.
.', 1131 Q: Did you see your family ph)'slclan as a result of
1141 any of these injuries?
1151 A: No, I did not.
(IBI Q: Who Is your famil)' ph)'slclan?
1171 A: TIle office of - it's Shepardstown Famil)'
(IBI Practice.
(191 Q: Where are they located?
(201 A: Between Camp HlIl and Dlllsbuql.
12'1 Q: aka)'. Also,ln case we don't have the name,lf
1221 )'ou at some point In time )'011 can remember or get the name
1231 of )'our demistthat )'oulnltlalI)' weill Ill, If )'011 could
(241 give It to )'our allome)', then he could lIet ilto liS. 1
1251 appreciate that.
Key Rcporters (717) 764-71101 Mln.V.Script>!! Page 29 . Pale 30
MlchaelJ. Lcndackl
January 25,1996
-
Michael a BarblU'a Lcndac:kI v.
l.awrence Walson a Ryder Renlal a ClU'away
Pago 31 L.wy.,'. Noto
III A: I bellcve )'ou havc Ihalln yuur rccurds,
121 Q: II VCr)' wcllmay bc In Ihc rccurds thai yuu
131 provldcd 10 us, I jusl cuuldn'l rcmemher as we were sllllllll
(41 here, Wllh respecltu Ihc Injurlcs to Ihc C)'C suckcl and
151 left check -
lal A:Um,hum,
111 Q: - )'ou knuw, Ihe fraclUres )'UU described, do )'UU
lal experience any problems Inlhal area now?
Igl A: 11lcre's a constanl numbness In m)' lefl chcek,
1101 Q: Has an)'budy wid )'UU whal's causlnglhal?
1111 A: 11le nerve endings were severed,
1121 Q: Olher than Ihe feeling of Ihe con~tant numhness
1131 In your left check, has Ihalln an)' way affecled )'ouln )'our
1141 ever)'day activilies, whether relaxing aclivllles ur
1151 sporting aCllvltles or work aCllvltles?
11al A: I suppose II has,ll's lust I've gOllen - I've
1171 learned 10 live wllh II,
11al Q: Ok a)', And wllh respect 10 your law, )'uu
11g1 Indlcaled that was broken In two places?
1201 A: Um.hum.
1211 Q: And that was addressed while )'OU were In Ihe
Inl hospltallnJtlally, correCI?
1231 A: Correct,
1241 Q: And then I believe )'ou starled - )'OU said
1251 earlier aboul experiencing difficulty or problems wllh )'OUr
Paga 32
111 mouth or jaw or )'our teeth?
121 A: That's correct,
131 Q: And whal exactly were those types of problems
(41 you began to experience?
151 A: My teeth no longer IIne.up, so to speak.11le
lal top teeth don't enllage Ihe bOllomtceth propcrl)', ~l)' - Ihe
111 travel of my jaw Is onl)' 75 percent of what It origin all)'
lal was.
Igl Q: And by tllat, arc )'UII referring to, I bclleve,
1101 10 open your mouth?
1111 A: 111at's correct,
1121 Q: So you can onl)' opcnlt 75 percenl of whal )'UU
1131 could before?
1141 A: 111at's corrccl,
1151 Q: Has - all right. Go ahead, An)1hlnll clse?
11al A: I dun'l bellcve so,
(171 Q: When's Ihe laSlllmc )'OU rccelved an)' treatment
11al b)' an)' mcmber of the medical profession for thc prohlems
11g1 that )'OU experience with )'our faw and Icelh?
1201 A: Tu this dOl)', I cOl1llnue In wear a dcvlcc OIl
1211 night whcn I sleep lu aid thc alllll1mcnt uf m)' jaw. And
1221 Ihal's Ihe Irealmenll receive,
1231 Q: Who prescrlhcd thaI for )'011, If )'OU know?
1241 A: 111011 was nl1l uf Ihe ufficc uf Dr, Wuods.
1251 Q: And did Dr. Woods Indlc;llc to )'011 lilr how lunll
Page 31. Page 32 Mln.U.Script1!l
Key Reportel"li (717) 764.7801
Michael a Barbara tendackl v.
Lawrence Watson a Ryder Rental a Caraway
.
Pogo 33
(11 )'Ou would be rcqulred to wC:lr that :Ipparatus?
(21 A: TIlat's Indcfinlte also,
(31 Q: And what's the purposc uf that apparatus, If )'011
(41 know?
(61 A: TIlc purposc Is to - whilc I slccp,to kecp me
(6) from subconscious I)' tr)'lnlltu makc m)' tccth line.up,
(71 It's - thcy - thc)' refer to It as ThU Is whatthcy think
(6) or whatthcy bcllcvc Is, )'OU know, thc problcm,
Igl Q: And othcr than wcarlnllthat dcvlcc, havc an)' uf
1101 )'our mcdlcal provldcrs Indlcatcd 10 )'oU If an)1hlnll e1sc can
(111 bc donc tu addrcss this TM,I problcm?
(121 A: TIm, again, Is also hclpcd h)' thc Ibuprofcn;
(131 and he also cxprcsscd that I shuuld takc that whcn I'm
(141 cxpcrlcncing achlncss,
(161 Q: You mcntloncd achlncss, Do )'UU hal'c achlncss In
(161 the law arca at an)' time?
(17) A: Ycs,
(161 Q: How frcqucntl)' do )'OU havc that?
(lg) A: Almost dail)',
1201 Q: I notice that )'oU havc a bcard, Did )'UU hal'c a
(211 beard at the time of this accidclll?
(221 A: Yes, I did,
(23) Q: So you'rc not growinglt to hide somc kind of
(241 deformit)'?
1261 A: No, I'm not.
Pogo 34
(II Q: Old an)' of )'0111' medical providcrs indicate \0
(21 )'ou whcthcr or notthc problcm with the travcl of )'our jaw,
(31 which Is onl)' 75 perccnt, will cvcr gct remcdled su that
(4) you'd bc back 1\1 lOll pcrccnt?
15) A: Not wlthuut surger)'.
16) Q: Do they rccommcnd 5l1rger)' at this time?
(7) A: No,
16) Q: Other than the pain and dlscumfurt which )'Ull
Igl expcrlcncc that )'ou've dcscrlbcd with rcspcctto )'uur law
(10) area. Is thcrc an)' othcr wa)' that )'ou'vc bccn affcctcd h)'
(111 thesc problcms with thc ThU and thc travclof )'our law? Fur
(121 exam pic. do )'011 havc an)' - havc )'Ull changcd )'uur catlnll
(13) habits? Arc )'OU requlrcd 10 avuld eatlnll an)' ccrtaln trpcs
IH) of foud?
1151 A: It makcs catlnll, like, sandwiches and thlnlls
116) like that murc difficult, Ohvluusl)', I hal'c 1\1 smash
1171 ever)1hlnll flat so I can IIctltln m)' mUlllh, TIlat's
1161 somcthlnll I know riWllOff,
(lgl Q: I knuw this wun't hc shuwn onthc rccurd, hlll :It
(201 Icast I could sec, Could )'OU opcn )'our muuth :IS far as rllll
(2'1 can fur mc?
(221 A: (Witness complies,)
(231 Q: And that's as far as It'III1U?
124) A: Ycs,
1251 Q: I knoll' that )'uulndlcated that )'uu stillluilize
Kcy Reporters (717) 764-7801 Mln.U.ScriptlE>
Michael]. tendackl
January 25.1996
.
Lawya,'. Nol..
PlIgc 33 . PlIgc 34
MlchaelJ. Lcndackl
Janu~ 25.1. 1996
Michael a Barbara undackl v.
Lawrence Wa150n II: Ryder Rental a Carawa}'
Page 35 Lawy.t'. Not..
(II that device when you sleep?
(21 A: Um.hum,
(31 Q: When 15 the last time you actually went amI saw
141 the dentist or doctor for the prohlems that )'OU ha\'e with
15) your law area?
(01 A: I don't rememher the (;Isttlme I was there,
(71 Q: We have -- your allorney furnished lU us ;\
10) number of records; one of which w:ts a report fwm Dr, Wood
(GI dated November 10, 199-1, which Indicated In It that he h:td
110) seen you on October 13, 199-1?
1111 A:Um.hum,
1121 Q: In the report, It sa)'s that Michael Is to return
(13) to our office In December for a follow.up examination, Do
(14) you recall If you relllrned In December of '9-1 for a
115) follow.up?
110) A: If they made - there was :tn appointment, I'm
1171 certain I went to II.
1101 Q: Do you recall If since December of '9-1 If )'ou've
11GI been back to see Dr, Wood?
1201 A: It's hard for me to remember.
(211 Q: Okay, Have the Infurles that you
(221 sustained - other than for, say, the several months right
(:!:I) after the accident but say In the last year, have the
(241 injuries which you sustained In this accident affected your
1251 relationship with your spouse?
Page 36
II) A: Not anymore.
12) Q: And have they affected your relationship with
13) either of your children at all?
14) A: I do avoid roughhousing with them, which hecause
151 of obvious reasons.
10) Q: Okay, Mr. Lendackl, on February 21, 199-1, did
17) )'OU also live at 38 Junction Road, DilIshurll?
10) A: That's correct,
IGI Q: And at the time of this accident, were you
1101 operating a vehicle which was owned hy you; or was It owned
1111 by the company with whom you work?
(12) A: It was my vehicle.
(13) Q: And at the time of the accident, were )'ou on
1141 your w:ty to work? Or h:td you been to work and now were on
1151 your way someplace else?
110) A: I was on my wa)' someplace else,
(17) Q: So where had you left?
110) A: Left work.
1191 Q: And work w:ts somewhere In Camp 11111, PA?
(20) A: 111at's correct.
(21) Q: And where did you get onto lIollle I ~1
(22) A: In Mechanlcsburg,
123) Q: And :tpproxhnately wh:tt time of d:ty w:ts It when
1241 you gOlonto the limite 151
(251 A: 12:15.
Page 35 - Page 36 Mln-U-Scripl*
Key Reporters (717) 764.7801
Michael &: liarbara tendackl v.
Lawrence Watson a Ryder Rcntal " Carnway
.
Pag.37
111 Q: Where were Ylluglllnll?
12) A: 1 was Illllnlltll my hllIllC.
(3) Q: And what were you Ilolnll 10 your hlllllC for?
(~) A: To pick up illY )ullllage.
(5) Q: Okay. And why was that?
(8) A: I was fI)ing out that aftcrnoon on a buslncss
17) trip.
181 Q: And from where were you Ilolnlltn hc (1)'lnll out?
191 A: Harrlsburll.
110) Q: Where were you golnll?
Ill) A: Charlolle, North Carolina.
112) Q: And this would be the Harrisburg airport off
113) of-
11~1 A: Middletown.
It51 Q: Middletown over ncar 283?
It81 A: Right. Right. TIle Inlernatlonal airport.
It71 Q: And what time was lhe fllwa schcdulcd III
(t81 depart?
(tOI A: 3:30.
(20) Q: And was an)'body Wllh )'ou?
12tl A: No, the)' were no I.
1221 Q: Wh~n )'ou got onlO ROllle 15, would )'OU havc hccn
12:1) headed In a north or southerly dlrcctlon?
12~) A: South.
1251 Q: And from thc point that )'oUllot on,
Page 38
11) approximately how many mllcs would It bc to wherc )'IlU would
121 exit ROUle 15 to get to )'our home?
131 A: Five mllcs,
1~1 Q: What wcre thc wcathcr conditions IIkc atthc
15) tlmc that you got onto Routc 15?
161 A: Drizzling and somc fog,
(7) Q: Old you - as )'OU drove onto Ilolllc 15 and
(61 proceeded In a southcrly dlrcctlon, did )'IlU havc )'our
19) windshield wipers on?
ItOI A: Yes, 1 did.
lit) Q: Old you havc an)'lIghts on thc vchlclc?
It21 A: 1 believe 1 would havc, )'cs.
It31 Q: Do you have an)' spcclflc recullcctlon of whcthcr
It~1 you had )'our parking lights on or )'our hcadllghts on?
It5) A: 1 would sa)' I wOl~d havc had m)' hcadllgllls on.
(161 Q: And whcn )'OU sa)' I would sa)', Is that bccausc
1171 you normall)' wlluld do that In thatt)'pc Ilf condillon?
1161 A: I - whcn I turn Ill)' lights on, Ilurn thcm un
1191 allthc way.
1201 Q: Okay, lIut what I'm sa)'ingls, When I askcd )'OU
1211 If )'our wipers wcrc on,)'ou spccltkall)' rccall )'Ollr wipcrs
1221 bclng on?
1231 A: TI1CY would havc bccn hccausc o( thc rain; I'm
12~1 ccrlaln o( that. And \'m ccrtalnl would havc turncd thc
1251 IIghlS on :Il thc salllc lilllc.
Kt.'Y Reporters (717) 764-7801 Mln-V-Script<!>
Mlchaelj. tendackl
JlInuary 25, 1996
hwy.,'. NoI..
I'agc 37 - pagc 314
Michael}. Lcndacld
}anu~ 25101996
Michael a Barbara Lcmbcld v.
Lawrence Watson a Ryder Rental a Caraway
Page 39 L'wy,t'. Not..
III Q: Was Ihere an)' fOil?
121 A: Yes, Ihere was,
131 Q: And how would )'OU describe Ihe fUll at the point
(4) where )'OU 1I010nln Ilollle t 5 sOlllh?
(5) A: Muderate,
1'1 Q: Allhe polnl where )'OU 1I0tonln Ilome t 5 south,
171 how wOllld )'OU describe Ihe tramc conditions? Were Ihe)'
18111!l111-
IPI A: Ullhl,
liD) Q: U!lIIl, Oka)', When )'OU 1I010nlolloule 15, I
1111 Ilather )'OU Ihen proceeded 10 110 sOlllh on Iloule 15, correcl?
(121 A: 11lat's correcl,
113) Q: And do )'011 recalllnltlall)' which lane of 1mI'd
114) )'011 were In of Ihe IWo southbound lanes?
1151 A: InltJall)', t was In the rl!llll.hand lane.
1'8) Q: And how fast were you proceedhlll, If )'OU know?
1171 MR. BURCH: Al what point?
(181 BY MR. BIALKOWSKI:
I'P) Q: At the lime thaI )'llllglllonlo Iloute 15 somh and
120) were In Ihe rlghl.hand lane and gOI up \0 Ihe speed that )'011
(211 would tben be traveling OIl?
1221 A: 11lat's -
12:1) Q: If you - If you don'l know, that's oka)'.
124) A: t don'l know speclficaU)' wbat m)' speed was,
(251 Q: I'm going to ask )'011 a question, but I want \0
Page 40
II) explain II before )'OU answer. M)' next question Is 1I0lnglo
(2) be, Even thouWI you may not know whal )'our speed Is, can )'ou
13) estimate what your speed was?
141 Butl don't wan I YOII \0 guess. If you're 1I010g
151 to give me a guess, Iben I don't want thaI; bm )'OU If)'ou
181 feellhal )'OU can objectlvd)' eSllmate It, then I would wanl
171 \0 hear that,
181 A: It would be a glless,
IP) Q: Now, at the time Ihat )'ou - from where )'OU got
lID) onto Ilollte 15 south, do )'011 know approxhnatd)' how far It
1111 was 10lhe polnl where the accident evenlllall)' occllrrell?
(121 A: Approxlmalel)'.four miles,
113) Q: So )'011 were abolll a mile or so from )'ollr exit?
(14) A: 11lat's correcl,
1151 Q: You said Ihat )'OU were Inltlall)' In Ihe
(181 rlght.hand lane?
117) A: 11lat's correct.
(181 Q: Did there come a lime when )'Oll weill over Into
1'0) Ihe left-hand lane?
(201 A: Ycs.
12'1 Q: Whcn did that occur?
122) A: 11Ioll't remcmber,
1231 Q: Wh)' dill )'011 110 over to )'our left.hulld lalle?
1241 A: I dOll't havc a reOlSOIl for that.
1251 Q: As \'011 were proceedlllll sOllth Oil IlUlue 15,011 01111'
Page 39 . PaRe 40 Mln.U.ScrlpM
Key Reporters (717) 764.7801
Michael a Barbara Lendackl v.
Lawrence Watson a Ryder Rcntal II Caraway
.
Page 41
1'1 time from Ihe time )'OU gOI on\() Houte 15 sOlllh up lIJllllthe
121 time Ihat the accident happened, can )'OU tell me how fast
131 you were IrJ\'ellng?
141 A: No,
151 Q: Were you wearing -I know )'OU don 'I wear
181 glasses; but I'll ask, were you wearing an)' glasses?
17) A: No,
18) Q: Or sunglasses or glasses to enhance )'our ablUt)'
Ig/ to see througll fOil?
1101 A: No, I was no!.
1111 Q: Old your windshle)d wipers continue III work as
1121 you were proceedlnll sOllth on HOUle 15?
113) A: Yes,
1141 Q: If )'OU can recall, do you know If your
1151 wlnd~hle)d wipers caused an)' slreaklnllthal would have - ,on
I'BI Ihe windshield?
1171 A: No. they did nOllmpalr m)' vision,
1181 Q: Now, )'OU started oUllhat inltlall)' you were in
11g) the - you were tile rlgln-hand lane, At some point, )'OU
1201 moved to the left-hand lane, At some polnl, did you move
1211 back to the rlgln-handlane?
1221 A: NO,I did no!.
1231 Q: Oka)'. And as you were proceedlnll sOlllh,do )'OU
124) recall observing an)' traffic in front of )'ou?
125) A: Traffic was llgllt. I don 'I recall observing
Page 42
111 an)'one In front of me.
121 Q: Oka)', And as )'OU were proceedlnll soulh belween
131 the time that )'OU flrsl gOI on HOUle 15 up untillhe lime of
141 Ihe accident, did the - first of all, the rain, Ihe
151 drizzllnll-
IBI A: Urn-hum.
171 Q: - did it llglllen up, Ilel worse, or sta)' abolll
IBI the same?
IgI A: About the same.
1101 Q: And secondl)', the fOil, did Ihal remain constant?
1111 Or did It get thicker at times and lillhler alllmes?
1121 A: It was heavier and llglller.
1131 Q: And at the heavlestlhat you recall the f' JIl,
1141 approxlmatel)' what vislbillt)' did )'ou have inlcfms of how
1151 far in front of )'OU )'ou could see?
I'BI A: TIlat's a dlfficull question to answer. I don't
1171 know that I can pill a footalle on il or an)'thh11l11ke Ihat.
1181 Q: Can )'011 pill car lenllths on it, like, the car
I,gl that )'011 were drivlnll being one car lenllth?
1201 A: No, Idon't belie\'e I can,
1211 Q: Okay. Mr. Lendacki, in )'Ollr own words, )'ou're
1221 now proceeding south onlloute )5 ami )'ou're In the left.hand
1231 lane of the southhound traffic?
1241 A: Um-hul11,
1251 Q: Would )'OU descrlhe In your own words what )'ou
Key Reporters (717) 764.7801 Mln.U.Sc:riptHl
MlchaelJ. Lendackl
January 25.1996
.
Lewy.,'. Not..
Page 41. Page 42
MlchaelJ, Lcndacld
January 25.1996
~
Michael a Barbara Lcndacld v,
I.awrence Watson a Ryder Rental a Carawa}'
Pogo 43 bwy.r'. Not.l
111 recaU happening from the time that nothing Is reall)'
121 happening other than you're moving on limite 15 south up
131 until you recall an)'Ihlng ahoutthe accident?
141 A: 1 recall scelnK a truck, what I helleve was
151 parked on the hlgllwa)' in front.
IBI Q: Now, when you say In front of )'OU, was
111 It - from what youohserved, was It in the same lane you
IBI were,the left.hand lane? or the rlglll-hand lane?
101 A: TIle same lane 1 W;lS In.
1101 Q: Okay, Now, when - KO ahead. You descrlhe
1111 everything, and then I'll go back so 1 won't Interrupt )'ou.
1121 A: So naturally, 1 braked to stop my vehicle. 1
1131 came to a resting point behind - starlnK at the hack of a
1141 tractor trailer. 1 also observed some vehldes in the
1151 right.hand lane, which was all - which was backed up ;llso.
I1BI Q: AU r1g1Il,
1171 A: 1 continued to sit there and had other vehicles
1181 back up in the rlglll.hand lane next to me. I had someone
1191 take the mirror off my pickup truck as they went by me, so
1201 to speak.
1211 Q: Which mirror?
1221 A: TIle passenger's side.
1231 Q: AU right.
1241 A: And after that occurred, I dldn't know an)'Ihlng
1251 again until 1 woke up in the ambulance.
Paga 44
(II Q: Okay. Now, when you first saw this truck In
121 front of you, it appeared to be parked, rlglll -
131 A: Yes, sir,
(41 Q: - in the left.band lane of the southbound
151 traffic on Route IS, Can you tell me approxhnately how far
IBI away It was from your vehicle?
111 A: 1 don't know the dlstance.
(81 Q: And aKain,can you - even thougll you don't know
101 the distance, can you state It in car lenglhs,lf you can?
1101 A: I'm going to -
1111 Q: I don't want you to guess if you honestly don't
1121 know.
1131 A: I'd be guessing.
1141 MR. BURCH: And just so the question's clear In
1151 my mind, were )'OU asklng him from the first lime he observed
I1BI the truck?
117) MR. BIALKOWSKI: Yes, nlll after he stopped; I'll
11BI get to that, From the first time.
1191 BY MR. BIALKOWSKI:
1201 Q: TIle reason we ask those questions, Mr. I.cndackl,
1211 Is that so when the time comes for trial we know that )'ou're
1221 not going 10 be coming In and saying, Well, I estimate It
1231 was so many fee!. If you're going III have an esthnale, we
1241 want to know it today.
1251 And I know I asked this question hefore, hut
Page 43 - Page 44 MiD-V-Script!>
Key Reporters (717) 764.7801
Michael a Barbara Lcndackl v.
Lawrence Watson a Ryder Rental a Caraway
.
111 I'll ask It again. Do )'OU know how fast yenl were gOing when
(2) )'ouohserved that truck slllppedl
(3) A: No, I do not.
141 Q: Now, you hraked tu SlOp; and you said that )'OU
151 came lO a stop?
IBI A: TIlat's correct.
171 Q: When you braked, dJd )'our car skid at 01111
18) A: I don't recall skJddlng.
101 Q: Do )'ou recall he:trlnll )'our tires squeal or
1101 anythJng?
1111 A: No, I do not,
1121 Q: Once - and your car did cOllie lO a SlOp?
(13) A: TIlat's correct,
1141 Q: When )'ou came to 01 SlOp, were )'ou stUlln the
1151 left.hand lane of southbound traffic?
11BI A: Yes, I was,
1171 Q: And was your car slOpped parallel to the sides
1181 of the road or at an angle In an)' way?
1101 A: I beUeve I was parallel.
1201 Q: And were )'OU In contact with the truck In front
1211 of )'ou?
Inl A: No, I was not,
123) Q: Can )'OU tell me how far awa)' )'OU were once your
1241 vehicle came to a stop from the truck in front you?
1251 A: I remember about one vehicle length between us,
Page 45
111 Q: Now, )'ou then sa)' tIlat at that point In time
121 after )'ou stopped )'our vehicle, )'ou saw vehicles In the
131 rlglll.hand lane backed up?
141 A: TIle)' were dlagonall)' In front of me, TIlere WOlS
151 no one directl)' next to me,
181 Q: Oka)', All right, Now, I understand what )'OU
171 mean dlagonaU)'. Oka)'. And were those vehicles that you
IBI observed dlagonall)' In front of )'ou, were the)' also parallel
101 to the sides of the road blllln the rlght.hand lane of
1101 tra\'el?
1111 A: Yes,
1121 Q: Did )'OU see an)' vehicle that would have heen
1131 perpendlcular to the side of the road inlhe rlght.hand
1141 tra\'el with the front of the vehicle facing that truck that
1151 )'OU were hehlnd?
1181 A: No, I did not.
1171 Q: Now, you said )'ou conlin lied to sit there and
118) other vehlclcs backed up tnthe rtgltt.hand lane. '1'011 mean
1101 the vehicles ph)'slcall)' backed up or that the traffic was
1201 backlnllup?
1211 A: Oh, I'm sorr)', TIle vehicles lravellnH
1221 southboUlU1 In the rlglll.hand lane wcre accllmulOlllnllor
1231 backlnH lip or however )'OU wamto sa)' It. TIle)' were
1241 stopping for the traffic ahcad of Ihem,
1251 Q: And II to that olm In lime, had \'llllllbserved
Kt.'Y Reporters (717) 764-7801 MID-V-Script!>
Page 46
Michael}. Lcndackl
January Z5, 1996
-
Lewyer'. Not.,
Page 45 - Page 46
MlchaelJ, Lendacld
January 25. 1996
. .
Michael a Barbara Lcndacld v.
Lawrence Watson a Ryder Rental a caraway
Page 47 Llwy.", Not.l
111 any col1lslon between any vehicles?
121 A: No.
131 Q: Up 10 that pollllln time, had )'ou heard an)'Ihlng
141 which may have even sounded like a collision with an)'
151 vehicles?
IBI A: No, I did not.
171 Q: '1'0\1 then Indicated that someone lOok a
181 passenller-slde mirror off of )'our pickup as the)' went b)'?
181 A: TItat's currect,
1101 Q: Do you know what vehicle dld that?
1111 A: No, I do not,
1121 Q: J)fd any trucks pass you on the rlglll?
1131 A: What kind of trucks?
1141 Q: Well, let's start with a tractor traUer.t)'pe
1151 truck?
1181 A: No.
1171 Q: Did any pickup trucks similar to yours or mlglll
1181 be a larger version pass you b)'1
1191 A: The vehicle that took my mirror off was some
1201 type of vehicle like that.
1211 Q: And wh)' do )'OU say that as opposed to It beinll
1221 a, you know, four-door sedan or something like thatl
1231 A: Because I speclficaUy saw It go hy me,
1241 Q: And can you be any more descriptive as to what
1251 the vehicle was like?
111 A: It was either a pickup truck with a camper cap
121 on It or it was a Chevy Suburban-type vehicle.
(3) Q: And did you see that vehicle come to a stop?
141 A: I don't remember.
151 Q: How did you become aware thattbat vehicle bad
181 impacted your passenger side mirror? Did you first hear It
(7) and then look to see that? Or were you looking to )'our
181 right at that time that It happened?
101 A: I had looked to my right.
110) Q: And as you were looking 10 your right, this
1111 Suburban - again, I know you're not lOll percent sure It's a
1121 Suburban?
1131 A: Um.hum.
(141 Q: But this vehicle came by?
1151 A: That's correct,
I1BI Q: Were )'OU able III tell what part of that vehicle
1171 clipped your passenger.slde mirror?
1181 A: Not speclficall)', no,
1101 Q: And did you look In your rearvlew mirror at an)'
1201 time?
1211 A: No, I did not, not that I rememher,
1221 Q: So that even thoUgll )'ouolJserved the various
1231 traffic In the rlght.hand lane as )'OU have descrihed It, )'OU
1241 can't tell us what, If an)'Ihll1g, \V,IS to )'our rear as )'OU sat
1251 there?
Page 47 - Page 48 Min'V.Script!>
Page 48
Key Reporters (717) 764-7801
Michael a Barbara I.cndackl v,
Lawrence Watson a Rydcr Rental a Caraway
Page 49
111 A: As I satlhere, there was nOlhhl1l to III)' rear ,II
121 that point that I'm aware of,
131 Q: Uut YOII didn't look In the rearvlew mirror?
141 TIlat's what I'm sa)'lnll,
(51 A: I don't remember speclficall)' looklnlllnl11)'
IBI rearvlew mirror, no,
171 Q: Do you remember looklngln )'our slde.vlew
IBI mirrors to see what was - what wOllld he In the rear of )'ollr
10) vehicle?
1101 A: I don't recall doing that,
1111 Q: Do )'OU recall - Ijllst wantlO - strike that
(121 question.
1131 M)' recollection Is that )'011 staled - and If I'm
(141 wrong, just tell me. Oka)'? - that )'OU saw this vehicle go
(151 by )'our car on the right and )'ollr passenger side mirror
1181 ripped off or knocked off -
1171 A: Correct,
1181 Q: - as they went by. And then the next thing )'OU
1101 remember is you're In the amblllance?
1201 A: TIlat's correct.
1211 Q: Okay, Is there an)' - do )'OU have an)'
1221 recollection of hearing an)' brakes squeallnll or grindlnll of
1231 metal or an}'\hlng like that?
1241 A: No, I do not.
1251 Q: So from YOllr own personal observations, )'OU have
Page 50
111 no personal knowledge as to what happened from the time )'OU
121 saw tbat car go by - that vehicle go b)' and knock )'our
131 mirror off IIntllthe time that )'OU were In the amhulance?
141 A: Could )'011 say that again?
151 Q: From your own personal observations or
(81 recoUectlons as opposed to what somehod)' ma)' teU )'ou -
171 A: Um.hum.
IBI Q: - )'ou have no idea of what happened from the
101 time that vehicle went by you on the right and knocked )'our
1101 mirror off -
1111 A: TItat's correct.
1121 Q: - until the time that )'ou were In the
1131 ambl~ance?
1141 A: I have no Idea what was going on.
(15) Q: Have YOII had an)' dlscusslons with an)'bod)' who
1181 was in that area at the time of the accident frol11the time
1171 of the accident up untiltoda)' as to what happened?
1181 A: I'm not sure I understand,
(101 Q: In other words. have )'011 spoken with an}'bod)'
1201 that mOl)' have been in an)' of the vehicles that were In that
1211 area or mOl)' have been walking alllnlllhe rOild and said, Did
1221 )'011 see an)'lhinll and what did }'Oll see and -
1231 A: I have not.
1241 Q: Oka)'. TIle driver of ollr \'ehlcle was
1251 Mr, Lawrence Walslln,
Key Reporters (717) 764-7801 MiD-V.Script!>
MlchaelJ. Lcndackl
January 2~. 1996
Lawyer's Not.s
Page 49 - Page 50
MlchaelJ, Lendacld
January 25, 1996
.
Michael a Barbara Lcndacld v.
Lawrence Watson Ii Ryder Rental a Caraway
Page 51 Lawyer', Not...
111 A: tIm.hum,
121 Q: And as of - up tllltoda)', have )'ou e\'er spoken
131 with Mr. Lawrence Watson?
I~I A: I have not, no,
151 Q: Have you ever spoken up lllllOday with an)'
181 repre' ,elltatlve of either R)'der Truck, Carawa)' Manufacture,
171 or Buckhorn Carriers concernlnllthls accldel1l?
181 A: No, I have no!.
101 Q: And I apologize if this Is repelhlve,
1101 Mr,I.cndackl, I'm almost finished, From )'our own
1111 observations or perceptions, )'OU know, I..:arinll, feeling,
1121 seeing, the only Impact of any type that )'ou were aware of
1131 before you remember something in the amhuJance is this
1141 vehicle coming by to your right and knocklng off )'our
1151 mirror; is that correct?
1181 A: TIlat's correct.
1171 Q: And allain, although there were vehicles stopped
1181 on Route 15 south, you don't have an)' recollection of seeinll
1181 any of those vehicles other than In a position which would
1201 be paraUelto the sides of the road -
1211 MR. BURCH: Objection to the form of the
1221 question, You can answer, Mike,
1231 BY MR. BIALKOWSKI:
1241 Q: - is that correct? In other words, )'OU didn't
1251 see any at an angle as If the)' were perpendicular or
II) sidewa)'s or seml.sldeways -
121 A: I don't remember any.
131 Q: Did )'ou see any vehicles to )'our left In
141 the - on the berm of tile road?
15) A: No, I did not.
181 Q: Old )'ou see any vehicles to )'our left on the
171 medlalstrlp?
181 A: llte snow was 2 feet deep. No,
191 Q: There was a medlal strip, correCI?
(10) A: Yes, there Is.
1111 Q: The dividing lines between the north and
1121 southbound lanes wasn't/ust a narrow lluardral11 TIlere was,
1131 as you said. snow or grass or dirt or sOll1ethlngln lherel
1141 A: Yes, Yes.
1151 Q: And did you see any vehicles on the rllllu.hand
1181 berm?
1171 A: No, I did not.
1181 Q: So all vehicles t1lat you observed would ha\'e
(19) been In either the left- or rlght.hand lanes of lravel on
1201 Route 15 south?
1211 A: TIlat's correct.
1221 Q: Okay, After )'OU hrouglll )'our vehicle to a SlOp
1231 In the position which )'OU Indicated, did you see anyhodl'
1241 outside - slrlke that question,
1251 AJ'ter you hroUllht )'our vehicle 10 a Slop Inlhe
Page 51 . Page 52 Mln-V-Script0
Paga 52
Key Reporters (717) 764-7801
Mlchacl a Barbara LendackJ v.
Lawrencc Watson a Rydcr Rental a Caraway
III position which )'ou've Indlcated, did )'ou see an)'bod)' walkhlll
121 on the road or on the berm or In the medial arc,,?
(31 A: No, I did not.
141 Q: And If you can recall - and if )'ou can't, )'OU
(5) know, I don't want you to sa)' allain, From the lime )'ou
181 brought )'our vehicle III a stop up until the time lhatlhls
171 vehicle came by and Imocked the mirror off the - )'our rlllht
181 passenger mirror off, how much lime elapsed?
101 A: I don't know the period of time,
1101 Q: When )'OU broUgllt )'our vehicle tll a SlOp, did )'OU
1111 keep )'our foot on the brake? Or did )'OU plll It 11110 park?
1121 A: I kept m)' foot on the brakc,
1131 Q: And even thOUgll )'ou kept your foot on the bmke,
1141 dld )'OU put It InlO park? Or did It remOlln In drive?
1151 A: It was a manual.shift vehicle, and I wou)d have
1161 had to take It om,
1171 Q: Okay, I'm sorr)', I had to think, Oka)', Did
I1BI )'OU take It out of gear?
1101 A: I don't remember.
1201 Q: Oka)'. When do )'ou first recall the - strike
1211 that question.
1221 And as we sit here IOda)', Mr,I.cndackl, )'ou're
1231 absolute I)' certain that )'OU did bring )'our vehicle III a Slllp
1241 without coming Into contact with thattraclOr trailer that
1251 was In )'our lane of travel; Is that correct?
Pogo 53
(11 A: TIlere's no doubt in m)' mind.
121 MR. BIALKOWSKI: Oka)'. I think that's all I
131 have, TIlank )'ou, I\lr, Lendackl. I appreciate It.
141 MR. BURCH: Just very brlen)'.
161 EXAMINATION
181 BY MR. BURCH:
171 Q: Mr. I.cndackl, you mentioned the CUI on )'our
181 shoulder,
101 A: Um.hum,
1101 Q: Can )'outell opposing counsel,is there an)'
1111 scarring on }'our shoulder?
1121 A: I have a scar that's there, visible -
1131 Q: Oka)',
1141 A: - as well as on m)' shin.
1151 Q: Okay, Can )'OU descrlhe III him the sizes of lhe
1181 scarring on )'our shoulder and shin?
1171 A: I'd sa)' here's a 1.lnch cut, And on m)' shin,
1181 it's prohabl)' - It's more like the size of a dime, It WOlS
1101 more like a punclure wound.
1201 Q: Oka)'. TIlat's alii had,
1211 EXAMINATION
(~21 BY MR. BIALKOWSKI:
1~31 Q: Have )'ou suffered .lO)' el11bOlrrassmelll as a result
1241 of the sCOlrs that )'ou/ust descrlhed?
1251 A: Not from the scars,
Key Reporters (717) 764.7801 Min-V.Scripl1!l
Page 54
Mlchacl}. Lcndackl
January 25. 1996
.
Lawyer', Note.
Page 53 - Page 54
Michael a Barbara Lcndllckl v.
Lawrence Watson a Ryder Rental a CarawlIY
l' 114H:H,IH lanawarlng9;H
antlclpele IJl.l
anybody 17; 1.1. II'.
Ill; H:lJ; 31:111;
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anyone 12: I
anyway ICd.1
apologize 311;9; 5 1:9
apparatua H: I, 3
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appreciate 311;H;
5,1:3; 55:7
epproxlmatDly
36:23; 3H; I; ,Ill: 10.
12;.J2: H: -1-1:5; 55;9
approximation H:2
April Ill: 13
area 21:7. H; 27;9,
10; 29:3. ,I; 31 :H;
33: 16; ll: Ill; H:~;
511:16.21; 5.1:2
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around 19:11;
20: IN; 2tj:20
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aasoclate 10;9
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a<<end (,:7
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15
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activities 31:1-1.1-1.
15,15
actually 35:3
add"lona 'I:H
address 5:2; 20:22;
33:11
addressed 31:21
affected 3:21; H:13.
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31: 13: 3-1: 10; 35:2-1:
36:2
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32: 15: '13:10; ,1(':2.1
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back 12:11, 23; 13:1,
elrport 37:12, ICI 2: 20;3; 21:2; 23;6,9;
allgnmen132;21 3-1:,1; 3S; 19; H ;21;
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elumlnum ':22 I bocklnglcdll_ 2.1
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Key Reporters (717) 764-7801
Min-V.Scrlp~
ballcelly IH:III
beerd H211, 21
became 17;,1. ~
become'IH:5
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carrier 12:5,17
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ceuslng 23:22;
28:25; 31:10
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11:2-1; 12:-1. 17
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complelely 12: Ill;
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51:7
concluded 55:9
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39:7
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conscloulness 17:9
constant 31 :9, 12;
-12:10
contact'I~:20; 53:2 I
continue 7:25; 29:6;
32:211; ,II: II
MlchaelJ. Lcndackl
JanulIry 25. 1996
-
conllnued -13: 17;
.ICo:17
continuously H; H
contractlng.type
7:22
contributing 15; 13
conlroI25;23: 2C.12
conversations
17:15: IH:I
Corporation 9: \C.
correctlonl ,I: H
correclly H; 12
couldn'131:3
counleI3:3; 51: III
courle 3:22; 'I: 16;
8:C,
court ,1:3. III
covered 1\:22,22.
2,1
crew IH:2
cut 20;.1, 21: 27: II;
5-1;7,17
D
dslly 33:19
damage 29:3
Danvllle 9:,1
date 5:5
datad 35:9
daughtera 5: 16
day 11:19,20; 13:7;
22:7: 2H:IO, 1(,:
32:20; 36:23
day.to-day 2(,: 17
daya 12:11,12,1-1,
23: 13:13.16,18:
\01:2,3: 19:,1: 23:5, 17
Decembar 35:13,
\01,18
declllon 2-1:9
Decoretlng 7:15,21
deep 52:8
Delendanta 3:H, 13
delormlty 33:2.\
dalellons,l:15
dentllt29:17,22:
30:23: 35:.\
dentlat'a 30:5
dapart 37:IH
depol"lon 1:13;
55:9
delcrlba 26:5; 28:6;
39:3,7; -12:25; ~3:1ll:
HI5
delcrlbed 15:22:
1(,,7; 31:7; 3.1:9;
.18:23; 54:24
delcrlptlve ~7:2.'
detail 28:6
device 32:20: 33:9;
35:1
diagonally -16:'1, 7, 8
1 . dlllgonaUy
Mlc:l1aeIJ. Lcndackl
January 25. 199ti
,
difference 12:17
dlllerent7:H: 19:12
dltllcuh 3.1:16; 0\2:16
difficulty H:lO,13:
31:H
Dllllburg ~:3; 311:lll;
3C,,7
dime ~,1:18
direction 37:23; ,IH:8
dlrectlonl 19: 1.\
directly .16:~
dlrB2:1.\
dllcomfort 26; 1.\,
20; H:8
dllcuned 2'):2
dllcunlon 18: 19
dllcunlonl ~Il: I ~
dllJolnted 26:8
dlltlnce H:~;'I.I:7,
9
dividing ~2: II
dock 1.\:9
docked 1.\;22
doclor 1.\:6; 19:7;
28: 1-1; 31\:-l; 3~;.1
doctorl 13:~. 19, 21;
27:7: 28:2~; 29:~. 13
done 2~:11; 33:11
doubt HI
down 8:6. 9; 21l:H;
27:22; 28:8
Dr 29:21; 30:7;
H:H 2~; 3~:8, 19
drlea 26:19
drlveB:I.1
driver ~1l:2,1
dtlvlng'I2:19
Drlullng 38:C,; ,\2:~
drove 38:7
Due 1-I:2~
duly 3:8
during 3:22: ,1:16
E
eer 211:2; 21 :~, 16,
17, IH. 19,211.2.1:
26:2\, 2,1, 2~
elrller 111:1-1; 31:l~
eellCd6
eetlng 3-1:12, 1.\. I~
education 6:211; 7:~
educetlonaI3:18;
6:7
elghtH:1-I
elght.monlh 8:1.1
Either n~,3ed;
'18:1: ~1:6: ~2:1,)
elepled HH
Elevetor '): I~; 111:1.
8.lO
difference - lane
ella H:":33:11l;
3Cd~.IC,
ambarranment
H:23
emergency IH:(,
employeel ~~:3
employmenl7: 17.
H:lO:lII: 11:111
ended '):21; IIl:ll
endlngl31:11
engege 32:(,
engineer '):7; Ill.');
\I :8; 12:211: 1-1: I ~
engineering 6:2.1;
8:8; \1:2
enhence ,II:H
entitled 13: 1.\
elpeclelly 26:211
eatlmale ,1ll:3,6:
.1-1:22.23
even 1-1:17:.111:2:
H:H: ,17;,1; 'IH:22;
~3:1.\
eventually ,Ill: II
Every lH: I II
everyday 31: 1-1
everything ,1:,1,.1:
26:8;31:17;H:11
exact 17:7
exactly Il:I.\;I-I:I.
2~: 32:3
EXAMINATION
3:lO; 2.1:211. 25:
3~:13: H:~, II
exampla 3.1:ll
excepl 3: ~
Excule 311:.\
exercllel 2.1:3
exlltl ~:l~; 27:.1
exIl38:2; .111: 13
expect I 9:~
experience 23:J.I;
2.1: 1 H; 2Cd 1; 28:3, I);
29:6; 31 :8: 32:.1, I');
3,1:,)
expetlenced 27: III
experiencing I~: 17;
18:12.1~; 23:111;
2H:2l; 29: IH; 31 :l~;
H:H
explnln 2~:2~;26:1:
,111:1
explenatlon 23:21
exprened H: 13
extandlng 22: I
: extendl Z I: I'); lHH
exlentl Co:H, Il;
211;1~
extreme IM:;!(); .N:-'
exlremely H:23
eye 1'):1 \, II; 21l:IH,
119, .!~; 21 ;:,12; .!:!J.
17,9,11I.1~.I/',IH.
1');2.H.lO.I~.211.
Mlc:hael a Barbara Lcndackl v.
l.awrence Watson 8: Ryder Rental 8: Carawa}'
I Frank 29:23 heeded H:23 Inhlolly 17: 17;
Irequently 2H'): heedllghll 3H:I-I, I ~ 311:23; 31 :22: 3'): 13.
H:IH healed l7:1.\. IH I~; '1Il:1~: ,11:18
Irlendl ~~:.I I hear '11I:7: .IH:C, Initialed 23: 12
Irontll:H:'12:\' I~; 'heard-l7'1 InJured 1("c,: 17:C" I~
'13:~,I,:H:2:'I~:211. hi" Injurlea\:lll:II:12.
21: 'lh:.I. 8, H eer ng 26:22.2.1; I~: 12:'); '13:3: J.I:').
f II 27:7; '1~:9; W:22; I"~' 17'2' 19'8'
U 12:2.1; l.\:l.1 <I II
7 : 2~:it):29:lli; 3ll:il:
lun~~:.1 heavier ,12:12 31:1:3~:21,2-I
lurnllhed 3~:':'
I h heevlelH2:1.\ Inllde 211:2~:21:I,
urt erh:lll:7:~: held 86.' ":,1'. 18:1') 2.'
8:17; H:'); 27:18 '
help 2~: II: 28: 18 Inllructlon ICd ~
helped H:12 Inltructlonl16:21
here'l ~.I: 17 Inlernatlonel 37: 1(i
Herlhey 22:B: Inlerrupt.B: II
H:3: 2'1:1~. 23; Into 7:6; I ~:6: 18:1"
29:11. 13 II, IC,;21:l:l2:1:
hlatullO:'1 28:H:,Ill:IH; H:II,
hide 33:2\ H,2.1
high h:7. '), 11,211; Irritate 2Cd-l
7:.1, lO Illand 8: III
hlghwey H:~ 11'113,1:23
HllllO:2.1:311:211: IIleIl3:19: 19:2S:
3ed9 2~:2l; 26:6. Il; 27:10
hlltory 3:17, IH
hold 7: ICo, H: 9:6, 12
home H:1(,; 37:2, 3;
38:l
honeltly ,1,1: II
hOlplleI18:3.1.\,
1-1.16; H:\' 17,23;
31:22
hOlpltallzetlon H:8
hOlpllellzatlonl
1-1:9
hOlpllellzed H:e,:
19:3: 23:~
hourly Il:21
houri \I: IH
lece 211:2~: 21 :.1. ,I.
7.8. lO
leclng ,IC" 1-1
lactIC,,~. 13
lactor I~: 13
lell1(,,~
laIl7:9. \I
lelT"'y 311:111.13,16.
17
ler 17:H: 3-1:211, 23;
.1I1:111;,12:1~;.I,l:~:
H:23
lalt39:16: '11:2: H:I
lather H:3
lelher'l 7: 12. III
Februal\' 3:1~:
11:12; 1-1:1.\: 36:1,
leel,I:I~; 'Ill:Co
leellng 31:ll; ~I:II
leet,I.I:H; ~2:H
lellow ~~:3
IlIIng 3:.1
IInd l~:IH
IIne'l:l.21; 16:19:
17:3: 2~:22
IInllhed 9:l~: ~I: III
IIrlt ~:H: 7'13; 12:7:
17:,1: 23:1-1: 'll:3. ,1:
H:\, 1~,18:'IH:h:
~3:211
Five 38:3
lIelhlng 23: Ill, I~,
19,23
lIat H: 17
IIlght37:17
Ilylng 3~:C,. H H.A.U.C.K 29:2-1
log 38:(.;39: \, 3; hablll lI: 13
.11:9; ,12: Ill. 13 hoIl12:11.12.H,
lollow.up 3~: 13. I ~ 23: 1-1:2..1: 211:3;
101l0wlng'I:13:ld9; 21:17
8:H I happened \1:17;
101l0wI 3:9 211: I~;.II :2; .18:H:
100dHI-I I~II:\'H.I':'
happening .13: 1,2
100153:1 \, Il. 13
loolage -12: I':' happy ,1:211
lorce~:(,; 22:111 hard 1~:2; .1~:21l
lorm 3~: ~ 1: 21 Herdwore I II: 22;
III: I
lour H: I; .111: 12 , Harrllburg r:9. 12
lour.door r:22 : Houck 2'):23, B:
Irocture WI') 1111.1
I,roclured 19:12 i heedl:IIl,C..a:
Ireclurel 21123: 31:" i 21:2\, .11l~
21; 2-\:1-1,19. 211, 2~;
H:",I7.IH.22:
2Cd,~. ~,II, 19: .11'"
eyeball 26:(" 7
eyebrow 21:1.1
eyelid 2h:9
eyea 2\,19: 21'H
F
G
G.P.UH')
galh 211: II: 27: 1(,
gather .\9:11
geve H:H
geer H:IH
generally 12:7
gentleman'129:21
GettYlburg 9: I H:
lO:~
glanel 2~:3:.11 :1"
el, H
Good 1/>:21:22:H;
23:H
greduete (,,9, II,
17,25
gradueled 7: III
graduating 7;.1
greduellon 6: I 9:
7:7; H:23; 9:H
gran ~2: 13
grinding W:l2
growing 33:B
guerdrell ~2; 12
guen 1(d7, 18. IH:
l~;19; '11):.1, ~,H;
H:II
guenlngH:13
H
Mln.U.Scrlptw
I
Ibuprolen l8; I~;
33:12
Idee ~II'H. H
Immedletely 7:5:
9:211; H:~
Impect ~1:12
Impacted .18:6
Impelr.lI: 17
!Impalred 2h:H:
27:2, -I, K
Ilmportent'I:~
Incurred 11:22
jlndellnlte 29H: H'2
i Indlcole 29:~:32:2~:
i HI
Ilndlceted I I: 19;
33'111, .H:2~: ,I~:,):
I'I~'" .,. 'I' <1'1
.>>,'........ I.,
I Informellon \Cdl
J
B:7
Jew 19:17,211,23, H:
211:19; 31:18; 32:1, 7,
19.21; 33:16; 3-1:2, 9,
\I; 3~:~
lob H:2,1; 9:8,12,20,
21: 10:7, 2~; 11:3, 19;
13:13; \01:1-1; 15:8,11
Jobl 7:22, 23; 8:~
John ,I :2.1
Junction 5:3; 36:7
K
keep 33:~; 53: II
kepH3:12,13
kind 21:2~;33:23:
,17:13
knew 1-1:19
knock ~1I:2
knocked ,19; 16:
~1I:9; ~3:7
knocking ~ I: 1-1
knowledge 211:7:
2.1:2.1: ~II;I
knowl I C>:2.1
L
L.A.H.A.R 311:7
Lahar 311:7
lalle 39: 13. I~, lll:
,\0:16.19.23;,11:1'). 211,21: .12:B; H:~, H,
H,9.1~.18:H:-I:
Key Heporters (717) 764.7801
Michael lie lJarbara I.endackl v,
l.awrence Wallioll lie Ryder Renloll 8< Caraway
'15:15; ,I(d, II, 18, 22; 101 27:9 I mile I (>:16; ~8: I. ~;
'18:23; 53:25 lower 19:22; 2722 .11112
Ilnel 39:"'; 52: 12. lubricant 22: 15; mllllary 7:(.
19 Hili. 12; 25:15 mind 1811;H:15;
lerger'17:18 luggege~7:1 HI
I..t 8: II; III: 12; mirror .1.\: 1'), 21;
2,1:17;2'):2.\;31):(.; M -17:8.19;'18(',17.1');
32; 17; 35:\, (', 2.1 ,19:\,6, 15; 511:.\. III;
Lawrence 511:25; 51:15; 5\:7. 8
51:3 M.D 31U mlrrora ,1'):8
lallne.. 25:2.1 machine 18:7,11, 17 mill II:"'; 12:8;
lazy 22:8; 25:17,18; mall 12:2 13:2.7,21; 1(0:(.
Ud,5 makeI3.1:15 milled 11:25; 1\:1
learned \1:17 manuel'lhIIlB:15 ModerateW:5
le..tI5:12;2.1:1(.; Menulacture51:h momantl5:5
27:6; 28:17; 3,1:211 manufecturlng 9:7; Monday 11:17
leIl19:11, 1,1, 19,211: 11:2,7; 12:211; H:'" month 9:2.1
211:5, II, 19, 19; many 5: I 5,' (o;.!', months8:15;15:21;
21:12;22:W, 19;
2\:21;2.1:19;25:17, 1\:13;1-1:3;2-1:1-1; 35:22
18; 26:25; 27:11,13, 28:16; 38:1; '1-1:2.1 more '1:19;25:19;
H., 18;31:5,9, 13; March 5:19 28(0;3.1:16;.17:2.1;
3(.:17,18; 52:3,6,19 mark 21:22 5.1:18,19
lell.hand.IO:19,H; marriage 5:23 morning 11:18
,1I:211;.12:22;.B:8; I dC7 I' molor3:13
marr e ,: ,II, ~;
.1-1:1; ,15:15 W:I5, 18, 19 mouth 21:1;32:1,
LENDACKI3:7,12; matriculating 8:18 III;HI7,211
,1;22,H,25;(d,(,; M 111'1" 'I' move 266.6'.,11:211
ay :-;,1 :~;, :.;
7:1-1; 11:11;3(0:(.; moved ,11:211
12 21 11 211 cI II) .111:2; ,17:,1; 511:". 211.
, : ;": ;,:; 21 movement U.:9
5,\:22; 5-1:3,7; 55:(. I
length ,12:19; H:25 maybe .1:8;23:9; mov ng U>:I2; H:2
lengthl ,12:18; ....:9 29:12 much 12:8; 19:9;
meen 13: 12; ,1(0:7, 18 53;8; 55:6
IIle 2(d8 means ,1:11 mUlclel 25:19.2.1;
IIghB9:8,9, III; U.: 12
II 2" meant Ud
. : , myaell 13:17
lighten ,12:7 mechanical (.:2.1
lighter '12:11,12 Mechanlclburg
IIghtl 38:11.1-1, 18. 36:22
25 medial 52:7, 9; 53:2
line 21:19; 22:1 medlceI3:211; 11:21;
line-up 32:5; 33:(. 19:5; 22:12, 23; 23:3;
IIne152:11 21:2,15,18,23; 29:9,
IInle 25: II II. 13; 32: I 8; 3~: Ill;
31:1
live 31:17; 36:7 medication 28:11.
loaded 17:1,1,18; 13
18:-1 medicine 28:15
located 6:15,16; b r"II-
mem e .: I;
9:3.17,18; 1ll:23, 2.1; '2:18
21:15;29:11;311:19 '
long 8:11;9:12; mentioned 111:1-1;
1ll:ltl; II :3; 12: 12, 18: 16; :1(1: 18; 21: H,;
25:17;.d;27:11,
13; 1,1:1; 15:19.25;
19:3; 27:,1; 29:6; 1(,.25; H: 15; 5.1:7;
32:25 55: I
longer 32:5 mere 16: 13
look 21:18;.'8:7, 19; metel.19:23
,19:3 MICHAEL 3";,1:21;
looked .18:9 135: 12
looking 19:7; 2(0:"; I middle 21:211
"8:7. Ill; .19:5. 7 ! Middletown 8:'). ');
looks 21 :2.1; 22: I I \7: 1-1. 15
loosened 211:21 I ;"lghI16:9:1":I"
10le 1~:12 I Mike 51:22
losl 1'.') , Mile 8: 111;1111.\
Key Reporters (717) 764.7110\
N
nama 3:12;.1:23; 5:9;
7:13,1-1; 22:22;
29:21, 23i 30;6, 21.
22
narrow 52: 12
nalurallY 013: 12
near 37:15
necelsorlly 19:5
necellary .1:15
neck 2tl:16; 28:1. 23
need 1(0: 23
nerve 31:11
next 18:5; 21:5. 21;
Udl;,'tl:I;,B:18;
1"(0:5;019:18
nlghl.I!:21
normal 25.9
normellY .18: 1-
North 37: II. 23;
,5211
! nothing 21:1:111.
11'1:1
nollce ~UII
I November ,\59
, NucleDr 8')
I number ~: ICd' 25;
! .~~:H
I numberl 10..1
numbnell .11 :9, 12
i
over 1(....; 19:2;
~7:15; '111:18. 2.1
over.the-counter
28:15
own .12:21,25;
'19:25; 511:5; 51:W
owned 3(dll, III
p
PA 8:9; 36: 19
paid 12:19
pain 18:12.15,211,
2.1;3'1:8
paln17:21
Palnllng 7: 15
parallel.15:17,19;
.16:8; 51:211
perk 53:11,1,1
parked 013:5; ....:2
parking 38: 1-1
part 18:22;27:22;
.'8:16
part.llme 8: 5
partlea 3:3
pan -17: 12, 18
paned 1(....
penenger'18:h;
.19:15; 53:8
panenger" .13:22
panenger-Ilde
'17:8;.18:17
pauae 8:21
pay 13:9; 1(0;5
Penn 6:25;7:8; 8:1,
2~; 22:22
Pennlylvanla 5:3;
6:23; 9:5; W:2.1
people 26:5
percent 32:7, 12;
3-1:3,,1;,18:11
perception. 51:11
perform "':1-1
period 9:21; 12:1~;
"':15; Hd; 17:7;
22:"'; 23:18; 29:8;
53:9; 55:2
periodically 13:22
perpendicular
,16: 13; 51 :25
personal ,19: 25;
511:1,5
perlonnel29:9
physically 17:21;
,16:19
phYllclan 311: II. I~.
1(,
pick ~7>1
pickup H:19;,17:8.
17; ,18:1
i placGI 1'): 12. I:;
1211: 19; ~I: 19
, plant "':B
IUln.U-ScrlpN>
MlchaelJ. I.cndackl
January 25. 1996
platea 21:2
pleaae ~:H;I:II,
1'),23; 15:7
polnt311:22;~7:25;
39:~.6.17;,Ill:11.
,1I:19,211;H:13;
,1(>:1,25; .17:3; '19:2
pointed 19: 18
pointing 19:"'; 211:5
police 11:18
policy 11:23; 13:lh
portion 19:22, 2.'
pOlltlon 8:8; 9:,1, 6.
15,19; 11:7; 12:211.
22; 21:2; 51:19;
52:23; 53; I
pOlltlon. 8:-1; 9:2~
Practice 311; 18
prematurely 26: 19
preacrlbed 2,1:,1;
28:"'; 32:23
preacrlptlon H2
preaent 5:2; 28:2.1
preaently 5: 13
preaumlng 16:13
Pretty 19:9
private ,1:19
prlvlledgad 16:22
probably 9:2-1; 16:2;
21:18; 23:16; 5,1:18
problem 15: 19, 22,
25; 22: 18; 2.1:18;
26:15; 33:8, \I; 3.1:2
problem. 15:9,13,
17,23; 20:22; 22:3, .1,
6; 2(.:22; 27:13, 18.
21; 29:18; 31 :8, 25;
32:3,18; 3,1:\1; 35:.1;
55:1
proceeded 38:8;
39:11
proceeding 39: 16;
,10:25;011:12,23;
,12:2,22
proceeding. 8:21
profenlon H:18;
37.:18
profenlonall 13: 17
promotion 16:.(
prQperly 32:6
provided 31:3
provider. B:W;
3-1:1
pulled 21:1
puncture ~'I: 19
purpose 33:3. 5
put 18:17;22:1~;
-12:17,18; 53:11. 1-1
Q
,questlon'a -1-1:1-1
I
I' queltlonlng ~:H;
-1:17
lanes. questlonlnll
MlchaeiJ. LcndackJ
January 2', 1996
R
rapralanO: I ~
reprelantallve ~ I J,
require 211:7.12:
H:.I. 7: 27: 12, 17
required 21121:
H:I;HI~
r..erved ~:~
relpecll ~:7; 211:211:
21:.1, 7; ~1:'1. IH: 31'1
relplcllve .1:.1
relponle'l:9
relponllblllll..
1-1:1-1
r..lIng-l3:I~
relult 11:11,1-1;
12:'1; Il3; H:'I;
22:.1; z.t:2-I; 2~:1;
27;22; 29: Ill; ~ll: 13:
HB
return 35: 12
relurned 3~: 1-1
returning H: 17
rlght'I:7;H:II; 9;111;
111:2: 12:2; H:IH;
17;1; IH:9; 21:12;
H:21; 26:211. 21;
29:19; 32:1~; HIH;
3~;22;37;H.,16;
'13: H., B; "";2; ,IC,;(.;
,17: 12; ,IHH. 9. Ill;
.19:1~; ~1l.9; ~I:H;
H;7
right. hand ~9: I~,
211; .111: I C,; ,1\: 19. 21;
'I3:H. n. IH; ,lCd, 9.
I~,IH. 22;'IH:23:
~2:1~, 19
ripped '1'1: H.
Road ~:3; 3C0:7;
'1~:IH;,1(,,9,1~;
~1l:21; ~1:2U; ~2,.1;
H:2
room IH:C.
roughhoullng 3Cd
roughlv 21:211
Roule 36;21,2.1;
37;22; 3H:2,~, 7;
39,.1, C" Ill, II, 19;
,Ill: Ill. 2~; .1\; I, 12;
'12:3,22; -13;2; ....;~;
~I:IH; ~2211
, Rvder ~ J:(,
rain 3H;23; .12;.1
rella H,,'
Randv ,Ill: I
reta12:21
reading .1: I 3; Co:I C.;
2~;~
real 15: I
reallza IH:2~
realized 17;~
reallv 23;2.1; -13: I
rear ,IH:2'1; ,19:1, H
rearvlew ,IH: 19;
'19:3, C.
realk 311; III
realon .1:17; IH:II;
-111:2.1; "":211
realonI3C",
recall I ~: 211; I7:H.9,
12,211; IH:I, ,I, ~,12.
14,1', H; 22:21, 22;
3';I,I,IH; 3H:21;
39;13; ,\I:..., 2-1, H;
,12:13;-13:1,3,,1;
H:H, 9; .19: Ill, 1\;
H;,I,211
recalpt.l: 13
recalvaI2:I-I,13:
32:22
received 3:21;
"':12; 22;12; 32;1~
recognized 17:'
recollacllon 17; I';
3H:13; -I'}:13, 22;
~I:IH
recollecllonl ~1l:6
recommend 3\:6
record ,1:22;H:211;
IH:IH, 19; 311:1; 31:19
recordl 31:1, 2; 35:H
red 21:19, 21
reler 22:7; 33:7
referred 29:211
relerrlng 32:9
relellonlhlp 35:2~;
36:2
relulng 31:'"
remain -12: Ill; H: H
remedied H.I
remember H: 12;
12:6; IHJ.,Ill, 211:
311:H. 22; 31:~; 3H'.
211; '111;22; '1':2'; IBlery 12:211. 22. 21
,IH:-\. 21;,19:~. 7,19; IBme 11I;1:3H:H;
'1:13;~2:2;H:19; '12;H. 9;-13:7. 9
~~:, lendwlch.. .\-1: I ~
render 17:1.1 laI-1H:21; -1'):1
repetitive ~ 19 law H 17; 29 13;
rephrele3:2~ 3~:3;H:I;.l(d
reportlllH; HH, '17;2.1: -1').1-1; ~II2
12 I laving 1~:llo:.lH211,
reporter \:.I. III; 'J.2~ ' H:22;19,1
rain - twice
s
Michael A Barbara Lcndackl v.
l.awrence Watson a Ryder Rental a Caraway
thav'va .I:lr
thicker ,12:11
though 21: 13; 311: 3;
.w:;!; .I-I:H; .&K:22;
'~:13
thought !C0:I; 29 6
thoughtl 1':3
Three H:9;9:22;
12:111; 13:1; ...,.1;
1'J:.\;21:2;13:'.17
three-month I II: ~
till ~1:2, ,
tlmeI2,1:1-I;-I2:II,
II
tires "':9
TMJH:7,II;HII
today 13:3; I'; H.;
2': 12; 2H:211: "":2,1;
~II: 17; ,. :2, ,; H:22
together 211:~
told 2-1:12; 31:1Il
took 9:1'; ,17;7, 19
top 311:~; 32;6
torn 211:3; 21: H.
Townlhlp 3:'"
tractor'H;I.I;-17;H;
53:2,1
trelllc 39:7;-1\:2.1,
2~; 42:23; H:~;
.1': 15; .16:19, 24;
.IH:13
trailer -13:1-1; ~3:2-1
treller-typa '17: 1,1
tranlcrlblng -1:4
tranlcrlpt 3:'1;4:',
13
tranlported I H:3,
Ill. 13; 23:1
trauma 29;2
trauma.type 20:16
traval32;7; 34:2, II;
39;13;,16:IIl,I.I;
~2;19; 53:2'
traveling 39:21;
.1\:3; .16;21
treeled 29;111
treelment 3:21;
211:211; 22:12; 29:11;
32; 17,22
trial 3:6; .1-1:21
trip IH:"'; 37;7
trouble 2(0: II
truck-l3:'1,19;"":I,
16; H:2, 211,24;
-ICJ;"'; -17; I~; .IH: I;
'1 ;C.
trucks .17;12,13,17
True 111:22, 2S
try 3:2~
trying 16:1\; 33;(.
turn 29:211; ~H:IH, IH
turned 3H;z.t
. twice H:H.
Icar ~.I: 12
Icerrlng 21: I~. 2~;
H:II.Il,
Icare 21: Ill; ~1:21.
H
scheduled I~ I~
Ichool 67, 'I. II.
211, 7:~, III
lBellng 3 ~
IBcond IH IH
IBcondlv -12: III
IBcurllV ':2~
ledsn .1;:.!!
seeing -13,.1;'1:12.
IH
seem. l~:.!.!
seml-Ildewavs ~2: I
seperele 12: I ~
severeIH:,I; 19:12.
12;35:22
IBvera 211: I 6
severed 31:11
leverelv 1-1:22; I ~:H
lewed 211:3
Ihake ,I: III
Shepardltown
311: 17
Ihln 211;11; 27:1~.
19;'.1:1.1, H., 17
Shindler 9; I~; 1IJ.l.
7, IU, 12, 17,21
shock 27:111; 29:.,
Ihoulder 211,.1.~;
27:12.1-1; ~'I:H.11,
16
Ihouldere 2H:H
Ihown 3'1:1'1
lick 1~:13, H.
Ilde 211:2~; 21:3. 21;
-13:22: .I(>:I~; 'IH:6;
,'9:1~
Ilde-vlew'19;7
Ildaburn 21:21
Ildel -15: 17; ,1(..9;
~1:2Il
Ildewevs ~2: I
siding 7:22
Ilmller .17:1~
lit 2~: U; 2H 22;
H:I7; ,IC0:I7; H:22
silting ~U
Ilx I ~:21
Ilx-month H,'2
alze H IH
slz.. HI~
skid -157
skidding HH
akin 21122, 21; 211
aleep 32.21: H~:
HI
small'21
smalh .11' H,
I,now UH, 1.1 sWIII:'.7; I~: 17.
loclal'2' 2.I;H:12,1~;27:2;
10cketl'III,H, 2H~;H;H:-I5H
211IH:.II:1 sllnIH:I~
lomebodv ~ll 6 I STIPULATED ~:2
lomehow 1 ~ 10 i STIPULATIONS I I
lomeone HIH. ItOp H12: H,.I.~.
'I'I_.~ 12,1-1.21; IH.I:
. lomeplace 31, I~, II. ~~22. 2'; H6.1Il.
'Iomethlng Ilo.l~, I-t ed II'I~ 1'"
1'1.I'I,26H;.\-I:IH, s,opp ". ,.' >,..
,17:22; ~ I: 13; ~2: II I ,;lld; ~ I: 17
lomellme 11'17: I"topplng ,lCdl
B 10. ~ 1"lrangere ":.1
lomewhere 3619 Itreaklng ,11: I'
lorry '16:2 I, ~.I: I ~ Itrlke 'I: 19; 22:21;
lort27:21 '1'111;~2:21;H211
lounded r:.1 strip ~2:7, 9
South ~7:2.1; .I'J:.\.C,. struclure 29:~
II, 19; '111.111. H; Itudl.. H:7
,1\:1, 12. 23;.12:2, 22; subconlcloullV
'13:2; ~I:IH; ~2:211 B:C,
louthbound 39:1-1; Suburben 'IH:II. 12
,12:2~: H:.I; -15: I~; Suburban-type'IH:2
,ICd2; ~2: 12 suller 22;~, c,
southerlv ~7:2~; suffered ~,I:B
3HH lullerlng lCd
speek 32:~; H:211 sunglesses.I\;H
Ipeaklng ~~:2 sunlight 2-1:7, H
speclell,"t,s 22:IH; suppose 31:16
2H,~. .I,I~
III > I' aure 12:13; IH:7;
Ipec c .~;19;.H:b B:I7;.IH:II;~Il:IH
Ipaclflcallv 3H;21; surgery 211:21;3,1;',
3'1:2 1;1~;23; 'IH: IH; , C
,ttJ:lj )
h 1"1 1,1 >. lustaln 11;12
speec >., , -- I ed
,. susta n 3:211;
sPI;ed W:.II. .1; II:I~; 12:9; 1-1:111;
.111...3 19:H: 3~:22. 2,1
IpenI13:~ sutures 27:12,17
Ipoke 1~:2 suturing 211:H,12
Ipoken ~ll: 19; ~ 1:2, swelling 27'9
~ .
.worn 3:9
sporllng 31:1~
"pou"e ~~:H
Iqueol -15:9
Iqueellng -I'):!2
Itlrlng H: 13
,tart ":K; IJ:.!O. .!~;
1lI1~; I U; 2.1:(.1;
,17:11
Ilerled ~:'I; II: I;
29: 17; .11 :2'1;.1\: IH
It8te.&:.!2;(I:.B..!t;;
":":H; K:l. 2:\; .!.!:.!.~;
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Iloled ,19: I ~
IlaV'2.~
I Ileel 2 I!
Iltep !I 'I
: IlIck I" I
I IlIckl I H II
; Itllfno.. 211: I".
! r:.!-t:'!H.",ll.!I)'"
Min-V-ScripM
T
I T,R.W 9:2,21
telk.l;IH
lelklng 21:'; 22:1
tandem lCd.
technologv Co:z.t
leelh 2'1:IH; ,12:1,~.
I C., 11.19; 3:1:C.
: Tamper 1Il:22; 11:1
i ten II: 1(,
i lermlnology IH:7;
11):(1
tarms'12:1-1
i teltllled 3:9
i tesllmonv .IH
their's 21:11
'Ihorelore 'I:~
they're 211."
Ke)' Rellorters (717) 764-7801
Exhibit B
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Exhibit C
. ,
Photo #5 - Closer view of the vehicles.
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Photo 1/6 - Showing the pickup pushed into the rear corner of the XTL
truck,
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IIICJIAIIL J. LIlIIDACKI and
....ARA LIlIIDACKI, hi. vifa
PLAIIITUI'8
I IK TB. COURT 01' COKNOII PL.A8
I 01' CUJlBIRLlUlD COUllTY
V8.
I
LAWJlIKCI I. WAT8011 and
aYDla TRUCK UII'l'AL, IIIC.
and CARAWAY IlUUI'AC'fUU
I'URlITUU and 8UCIBORII
CARRII.. IKC.
I CIVIL AC'fIOK LAW
I JURY TRIAL DIKAXDID
DII'IWUT8
I 10. .5 - 11'0 CIVIL TIRII
IIOTIOK I'OR 8UJIKARY JUOOUIIT OK I.BALI' 01' DU.IfDANT8. LA....C. I.
WAT8011 and RYD.R TRUCK UIITAL. IKC.. and CARAWAY KAlIUI'ACTUUa
I'URIIITURI and IUCIBORII CARRI." IIfC.
Defendants, LAWRENCE I, WATSON and RYDER TRUCK RENTAL, INC.,
and CARAWAY MANUFACTURE FURNITURE and BUCKHORN CARRIERS INC" by
and through their counsel, Bialkowski' savitsky, P.C" hereby
respectfully submit their Motion For Summary Judgment, pursuant to
Pa. R.C,P. 1035 and in support thereof state as follows:
1. Plaintiffs, MICHAEL J. LENDACKI and BARBARA LENDACKI, his
wife, initiated the within litigation by the filing of a Complaint
on or about April 11, 1995 in the Court of Common Pleas of
Cumberland County indexed to No, 95 - 1860 - civil Term.
2. Defendants, LAWRENCE I, WATSON and RYDER TRUCK RENTAL,
INC. and CARAWAY MANUFACTURE FURNITURE and BUCKHORN CARRIERS INC"
filed an Answer and New Matter on or about June 29, 1995.
3. Plaintiffs, MICHAELJ, LENDACKI and BARBARA LENDACKI, his
wife, filed a Reply to Defendants' New Matter on or about July 13,
1995,
4, The Pleadings are closed,
5, This Motion is filed within such time as not to
...
~
unreasonably delay trial,
6, The plaintiff, MICHAEL J. LENDACKI, claims to have been
injured as a result of a motor vehicle accident which occurred on
or about February 21, 1994.
7. The plaintiffs, MICHAEL J. LENDACKI and BARBARA LENDACKI,
his wife, further allege that on or about February 21, 1994, the
Defendant, LAWRENCE 1. WATSON, was operating a 1989 Peterbelt
Tractor, owned by RYDER TRUCK RENTAL, INC" and was acting as an
employee, agent, or servant of CARAWAY MANUFACTURE FURNITURE and
BUCKHORN CARRIERS, INC.
8. The plaintiffs, MICHAEL J, LENDACKI, and BARBARA
LENDACKI, his wife, further allege that the Defendant, LAWRENCE I.
WATSON, was negligent in the operation of a tractor-trailer, owned
by RYDER TRUCK RENTAL, INC., while acting as an employee, agent, or
servant of CARAWAY MANUFACTURE FURNITURE and BUCKHON CARRIERS,
INC.
9. Various written Discovery in the form of Interrogatories,
Request for Production of Documents, and numerous oral depositions
of parties and witnesses have been conducted.
10. specifically, the depositions of Plaintiff, MICHAEL J.
LENDACKI, and independent witnesses, Valerie Kerstetter, Kent
Kerstetter, and Roger Gascon, were conducted on January 25, 1996.
Furthermore, the deposition of the Defendant, LAWRENCE I, WATSON,
was also conducted on January 25, 1996,
'1
.,
,
...
.
11. The Defendant, LAWRENCE I. WATSON, at all times relevant
hereto did not strike or collide in any way with the rear end of
the vehicle operated by the Plaintiff, MICHAEL J, LENDACKI, or in
any way cause and/or contribute to the accident which caused
Plaintiff's injuries,
12. The Plaintiff, MICHAEL J. LENDACKI, does not identify the
vehicle operated by the Defendant, LAWRENCE I. WATSON, as striking
the rear end of his vehicle.
13. The Plaintiff, MICHAEL J, LENDACKI, is unable to produce
any evidence that the vehicle operated by the Defendant, LAWRENCE
I, WATSON, struck the Plaintiff's vehicle.
14. The independent witnesses, Roger Gascon and Kent
Kerstetter, verify that the Defendant, LAWRENCE I. WATSON, did not
collide with the rear end of the Plaintiff's vehicle.
15. None of the Discovery conducted has disclosed any factual
circumstances, events, occurrences or matters which would in any
way lend support to, establish or substantiate any findings or
inferences of negligence, alleged or otherwise, against the
Defendants, LAWRENCE I, WATSON and RYDER TRUCK RENTAL, INC. AND
CARAWAY MANUFACTURE FURNITURE and BUCKHORN CARRIERS INC.
16. On November 18, 1996, the Defendants filed a Motion for
Summary JUdgment which was, on December 13, 1996 denied by the
Court. The Order of Court does not set forth therein the reason by
the denial of the Motion for Summary Judgment, However, in the
3
. .........."J. ....c.;uu..-.:I\.J
January 25, '1996
;
Michael a Barbara Lcndackl v,
Lawrence Watson a Ryder Ren1al a "Ca.raway
,
Page 3 Llwy.r~ Not.,
III STIPULATIONS
111 IT IS STIPULATED AND AGREED b)' and bctwcen
13) counscl for thc rcspcctJve partlcs that the scaling, and
141 fUlng of the transcript Is waived and that all obJcctlons
151 except as to thc form of the questions are reserved to thc
16) t1mc of thc trial.
171 MICHAEL J, LENDACKI,
IB) caUed upon b)' Dcfcndants to give tcstJmon)', bclng duly
191 sworn b)' mc, tcstUicd as follows:
liD) EXAMINATION
1111 BY MR. BIALKOWSKI:
1121 Q: Mr, Lcndackl, my name Is Zyg Dlalkowskl; and I
(13) represcnt the various Defcndants arising OUt of a motor
1141 vehicle accident which occurrcd In Uppcr AUcn Township on
1151 February 21.1994,
(lBI I'm going to bc a5k1ng YOll a number o( qucstlons
117) concerning: NO,I, your background - )'our work history,
lIB) educatJonal history; thcn I'U ask qucstJons about the
(10) accident Itself. And I'll also bc asking qucstlons about
1201 whalinJurles )'ou sustained In tile accident and what medlcal
1211 treatment }'ou've received and how the)"ve affected )'ou.
112) 1f at any time during the course o( my
123) questJoning you don't understand a question which I ask )'OU,
1241 please do not answer It. Tell me you don't understand It,
125) and I'lIlr)' to rephrase it so It will be undcrstandable,
(II Okay?
121 A: That's fine.
13) Q: We have a court reporter here who will be
141 transcribing everydllng I say and ever)'lhlng )'ou say; and
IS) therefore, It's Important in order that the transcript be
16) accurate that aU of your answers be audible _
(7) A: AU right.
IB) Q: - and that )'OU say I don't know, ma)'be, or
101 whatever your response Is, DlIl If you say wl.huh or you
liD) shake your head, the court reporter does not know what that
1111 means, So please make certain to do that,
1121 And It's our understanding tJlat )'Oll will be
1131 reading the deposition following recclpt o( the transcript
1141 so that )'ou can make whatever corrections, additions, or
(151 deletJons )'OU (ecl are warranted and ncccssar)',
(16) Also, If at any lime during the course o( m)'
(171 questioning )'OU want to take a break for whatever reason,
flBI justteU me; we'l\ take a break. If )'OU wish to talk to
(1'1 )'our anorne)' In private, please teU me; and I'll be more
1201 tJlan happ)' to take a break so )'OU can do so, Okar?
(211 A: TIlat's flOe,
1121 Q: Mr, LcndackJ, for the record, would )'OU state
(231 )'our name, please?
1241 A: Michael)ohn I.endackJ,
1151 Q: I.endackJ, correct, sir?
Page 3 - Page 4 Min-V.Script1!l
Page 4
Key Reporters
Michael &. Harbara Lcndacki v.
~renlj!= .walJon a Ryder Rental Be Caraway
(II A: TIlat's correct,
121 Q: And )'our present address, sir?
131 A: It's 3Bjunction Ro~d, DlUsburll, I'ennsylvanla.
141 1601915 the zlp.
151 Q: And )'our date of birth, sir?
161 A: 6/14/57,
(7) Q: And are )'ou married?
181 A: Yes, 1 am,
101 Q: And )'Ollr wife's name?
lID) A: Barbara,
1111 Q: And when were )'ou married, sir?
1121 A: We've been married In August of '89,
113) Q: And do you presently have an)' chUdren?
114) A: Yes, I do, '
1151 Q: And how many?
(161 A: I have two daughters.
1171 Q: And what are their ages, sir?
118) A: TIle one Is 5 1/2, and the other one will be
II;) 3.10 March,
(201 Q: So you had both of these children also at the
1211 lime of the accident, correct?
122) A: That's correct.
123) Q: And was thJs your first marriage, sir?
1241 A: Yes,
1251 Q: And what Is )'our social securl!)' number,
Page 5
Page 6
II) Mr, Lendackl?
121 A: 19042.7 -
131 Q: Take your time, That's oka)'.
(41 A: I have too man)' numbers in my head,
151 190-42-7136,
(61 Q: Okay, Now, Mr. Lendackl, let me go through }'our
171 educational background, Did )'ou attend hlgh school?
181 A: Yes, I did,
(01 Q: And did you graduate from high school?
1101 A: Yes.
1111 Q: And what high school did )'ou graduate from?
1121 A: Ole)'Valler.
(lal Q:OI:'"
1141 A: O.t-E.Y.
1151 Q: And where Is that located?
(161 A: II's located about ten miles east of lIeadinll.
1171 Q: And what rear did rou graduate?
1181 A: 1915,
(10) Q: And following rour gradualion from Ole)' Valle)'
1201 lUgh School, did )'OU have an)' furtller education?
1211 A: Yes, I dld.
1221 Q: And what was that, sir?
123) A: 1 aUended Penns)'lvanla Stale, mechanical
1241 engineering technologr,
1251 Q: And when did )'ou graduate from Penn State?
Key Reporters (717) 764.7801 Mln-U.Scripw
MlcAuclJ, Lcndackl
, January 25, 1996
bwye,'. Notes
.. ......J. ........'u..U.1\J
JanUU)"'2",1996
r.Uchael "Barbara'lcndackJ v.
,Lawrence Wal40u '" Ryder Re~tal,' "':, Cyaway
Page 7 Lewyer's Notes
, '
111 A: August of 1988.
12/ 0: 19?
131 A: '88,
Il) Q: Okay, After graduaUng from O)ey VaUey Hlgh
151 School, did yoUlntmedlately go on to further educatlon? Or
IBJ do you go Into the work force or mlUtary or what?
17) A: I worked - after graduation, I wen I to work.
IB/ Q: When did you stan at Penn Slate then?
10J A: I started in -It would have been fall of '83.
110) Q: Between 1975 wben you graduated high school and
1111 the fall of 1983, where did you Work?
112) A: I was working in my father's business,
1131 Q: First, did that have a name to It?
Ill) A: It's - tile business name Is CJ. LcndackJ
1151 Painting llnd Decorating.
1161 Q: Between 1975 and 1983,dld )'ouhold an)' other
1171 employnlentl
118) A: No, I did not,
1101 Q: Okay. Whatl)'pe of work did you do for )'our
120) father's bUSiness?
1211 A: We were paint, decorating, small
1221 contractlng'l)'pe Jobs, alumInum siding, thatl)'pe.
1231 Q: And did you do aU the different jobs?
INI A: Yes,
125) Q: Old you continue to hold any employment whlJe
111 )'Oll aUended Penn State Unll'erslty?
(2) A: Yes, I did,
(3) 0: Would that also have been wIth )'our faUlerl
1'1 A: As weU as a - several other positions,
(5) Q: Would these have been pan.t1me jobs that you
~'I would have had held down whJJe )'OU were In the course of
17) )'our studies?
181 A: I had a co-op engineering position at _ wIth
i~) G,P'U, Nuclear down In MIddletown - Midt1letown, PA, TItree
'01 MlJe Island,
III 0: RJght, How long did )'our co.op last?
121 A: Um,lfl remember correctly, ft was an
11 eight-month stiru.
'I 0: And did )'OU go continuously for that eight
;/ months in the co,op?
II A: Yes,
'I 0: And did )'OU have an)' further co,op work whJJe
II )'OU werc matelc;u1aUng?
'I A: No, I did not.
I MR. BIALKOWSKI: Off the reCord,
/ (At wh1ch time, there was a brief pause In Ule proceedings,)
I BY MR. BIALKOWSKI:
I 0: Okay, FOUowing your graduation from l'enn State
I Unlvcrsity, did )'OU get a joh wltll an)' business or conI pan)'?
A: Yes, I dld,
Ige 7 . Page 8 Jllln'V'script!>
Page 8
Mlchacl & Barbara Lendackl v.
La,,:rcnc~ Wal\Qn . a Ryder Rental a Caraway
(11 Q: And who was that with?
121 A: That was T,II.W.
131 Q: And whcrc Is thatlocatcdl
141 A: The position I held was In DanvUJe,
151 PennsylvanJa.
161 Q: And what position did )'OU holdl
171 A: That of manufacturing cnglnccr.
18) Q: And dld )'ou gct that lob upon )'our graduation?
IV) A: Ycs,
1101 Q: In othcr words, right aftcrwards?
1111 A:Ycs,
1121 Q: And how long did )'ou hold that job?
1131 A: I was thcre for onc ycar,
1141 Q: And aftcr that, whcrc did )'oU go to work?
1151 A: I took a position with Shindlcr Elcvator
118) Corporation,
1171 Q: And where Is thallocatcd?
1181 A: It's located in Gcttysburg.
(101 Q: And did that position - strlkc that.
(20) Old you start that Job irnmcdJatcl)' aftcr )'our
(21) Job with T.II,W,endcd? Orwasthcrc a pcrlod of t1me-
1221 A: I think thcre was about - thcrc was about thrcc
1231 montll betwcen positions,
1241 Q: You probably can anticipate where I'm going, but
1251 don't star I answering until I'm fU1lshcd. The rcportcr
PI" 9
111 cannottakc both of liS at the same time,
(21 A: AU right, Not )'ct.
131 Q: Oka)', So thcn )'Oll had about a threc.month
141 hiatus, and thcn )'ou went to work with Shindler Elevator In
(51 Gellysburg?
161 A: That's corrcct.
171 Q: And what Job did )'ou have wltil SWndler
IB) Elevator?
19) A: I was an assoclatc cnglnecr.
(101 Q: And how long dJd )'OU work for Shindler E1cvator?
1111 A: :I 1/2 years,
(12) Q: When did )'ou last work for Shindler?
(13) A: It Would have bccn April of '93.
114) Q: D)' thc wa)', rou mcntioncd carllcr )'ou were
1151 marrlcd In August of '891
I1BI A: Corrcct.
1171 Q: Did rou start work with Shindlcr bcfore or aftcr
1181 rou were~marrled?
(101 A: Aftcr - aftcr wc wcrc marrlcd,
(20) Q: Oka)'. Oka)'. Aftcr )'our emplo)'mcnt with
1211 Shindler ended, whcrc did rou go to work?
1221 A: Truc Tel11pcr Hardwarc,
1231 Q: And where was thatlocalcd?
1241 A: TI,at'slocalcd In Camp Hili, l'cnns)'lvanla,
1251 Q: And whatt)'Pc of lob did )'OU have with TnlC
Kcy Reportcrs (717) 764.7801 IUln-V.Scripw
Pege 10
MlchaelJ.,Lendackl
..
_ January 25. 1996
,
Lewyer'. Notes
..........."'''JI .LCUU.U.':Kl
January'.25. 1996
Michael A Barbara Lendackl v.
Lawrence Watson A Ryder Remat. . a ;~away
Page 11 Lewy.,'. Not.s
III Temper Hardware?
(21 A: I'm a manufacturing engineering,
131 Q: And how long - when did t1latjob start?
14) A: TIlat started in May of '93.
15) Q: And are you still worklng there?
IBI A: Yes, I am.
171 Q: And Is )'our position stUlmanufaclurlnll
181 engineer?
19) A: Yes, It Is.
(101 Q: Okay. Now, while we're on )'our emplo)'ment,
1111 Mr, Lendackl, we understand that as a result of the accident
(121 of Febnlary 2 I, 1994,that )'OU did sustain Injuries?
1131 A: Um,hum,
1141 Q: Old you miss any work as a result o( the
lI5) injuries that you sustained?
118) A: Yes, I did,
117) Q: 1l1Js accident happened on a Monday sometime In
1181 the morning hours, according to the police report. Were )'OU
(10) on the job at that tIme, or were )'Oll off that dOl)'?
(20) A: I was worklngthat dOl)'.
1211 Q: And If }'OU know, were )'our medical bllJs that
1221 you incurred covered by Worker's Comp? Or were they COI'ered
123) by )'our automobile poUcy-
12'1 A: They were covered b)' Workmens' Compensation,
1251 Q: - for the time that )'ou would have missed?
(II A: I assume It was from Workers' Comp, )'es.
121 Q: AU right. YOll got n check In the mall-
(3) A: Yes,
1'1 Q: Do )'ou know who the workers' compensation
151 carrier was?
161 A: I don't remember,
171 Q: Okay, Okay, First,l'll ask t1tlsgenerall)'.
181 If )'ou can give an answer, how much lime did you miss from
10) work as a result of the injuries )'ou sustained 1
1101 A: 1 was off completely three weeks,And then I
;111 wen! back to work halfda)'s.
'121 Q: And for how long did )'011 work half da)'s?
I~I A: I'm not eX<lcll)' sure how lonllthat period was,
"I Q: \"'hen )'ou worked half days, did )'011 receive n
151 separate check from tile _
161 A: No.
17) Q: - compensation carrier (or difference In wages?
'61 A: No, I - I cjld not.
.21 Q: D)' the wa)', how were )'OU paid as the
01 manufacturing engineer? Was that a salar)' position, or was
'I It an houri>' rate?
21 A: It's a salary position,
]) Q: When )'ou went back hal( da)'s, did )'ou receive
'I )'our full salar)'?
il A: Yes, I dld.
'aile 11 - Page 12 lUin.U.ScriJlN>
Paga 12
..
O,t'
Michael lie Barbara Lc:ndacki v.
Law~cnc~, WalSpn a Ryder Rental a ;Caraway
(II Q: After you wcnt back - )'oU mlsscd thc three
III weeks; and thcn you went back. Old you miss an)' othcr time
131 since then up untlltoda)' as a rcsult of the inJurlcs, In
141 othcr words?
151 A: TIle time I spcnt going to doctors.
161 Q: Okay, So whcn )'ou would have to go to Il doctor,
171 then )'OU would ml5s work that dOl)'?
IBI A: That's correct.
101 Q: When )'ou had to do that, did thcy dock )'our pa)'
1101 lit aU?
(Ill A: No, thcy did not,
(Ill Q: Old )'OU lose an)'Ihlng? And by that I mean, were
1131 )'OU entitled to so man)' sick days a )'ear In )'our job -
1141 A: There's -
1151 Q: - or don't the)' havc that?
11BI A: There's no wrItten poUc)' on sick da)'s on
(171 professionals such as mysclf,
1181 Q: Oka)', And did )'ou bave to use any vacation da)'s
1101 to go to }'our doctors?
1201 A: No, I did not.
1211 Q: Oka)', So you did mIss work to go to the doctors
(221 periodically, but you wercn't dockcd?
1231 A: That's correct,
1241 Q: Are you worklng full time now?
1251 A: Yes, I am,
111 Q: Although )'OU don't know exactly how long you
121 worked half days, do you have an approximation as to how
131 many weeks of that )'OU worked half da)'s?
141 A: I'm going to say thrce or four wceks,
151 Q: Illy \mderstandlng Is that immedIately after thls .
IBI accident, }'ou werc hospitalized; Is that correct?
171 A: That's correct,
(81 Q: Other than for that hospitalization, have )'OU
(01 had any further hospitalizations as a result of the injuries
1101 )'OU sustained in the Ilccident?
1111 A: No, I have not,
(121 Q: OkllY, Have your injurIes that )'OU rccelved In
1131 the accidl!nt of Februar)' 21, 1994,affccted )'our abUll)' to
1141 perform )'our job responslbUltles liS a manufacturing
1151 engineer - other than for tile period of time that )'011
1161 weren't at work, obvlousl)'?
1171 A: After even returning to work?
I1BI Q: IUght.
1101 A: There were things I knew I was not able to do
1201 that I could do before,
1211 Q: And whatt)-pc of thIngs wcre thc)', sir?
1221 A: Ill)' balance was scvercl)' affcctcd, and I had to
1231 be extremely carcful working in thc plant.
1241 Q: Oka)',
1251 A: Due to the Injuries I don't know exactly what
Ke}' Reporters (717) 764.7801 Min-V.Script1!J
Pege 13
Page 14
M1cJ.uaep.1-Cndacki
.' January 25. 1996
bwy.;'. Not..
'-oJO ...................^~
Janullr}' 25, 1996,
Michael " Barbara Lcndackl v.
Lawrence Wauon II: Ryder Rerr.ta1 a Cyaway
Pege 15 Lewy.,~ Not..
.
11J It was - but my speech was affected, I had 10 think real
121 hard before I spoke in order to make _ In order to make
131 complete thoughts come OUI.
141 Q: Okay. Any other wa)'s?
15J A: At the moment, I can't think of any other ways,
la) Q: Okay, Now, let me just go Into those two areas,
171 If you could, please, With respect 10 )'our balance being
IBJ severely affected, did you have any accldenl on the job
(01 because of problems With your balance?
(10) A: No, I did not,
1111 Q: And did )'OU have an)' accidents on the job wWch
1121 in an)' way could have been caused by or at least a
(13) contributing {actor - would the problems that )'OU were
(141 having with your speech _
(151 A: No, I did not.
lIB) Q: As oftoday, which Is almost two )'ears since the
1171 aCCident, are )'ou still experiencing balance problems?
(lB) A: No, I am not,
(I OJ 0: How long did )'OU have this balance problem, as
(20) best you can recaU, sir?
121J A: It was about six months after tile accident.
122) Q: And your speech problem the way you described
123) It, are )'ou still haVing problems with that?
124J A: No, I'm not,
1251 0: And how long cUd that problem exist after the
IIJ accident?
(2) A: TIlat, again, was probabl)' for about a slx.month
13) period.
IIJ Q: Okay, Were )'ou passed over for promotion or did
(5) you fall to get any type of pay raise because of the fact
IBI that you had been Injured In this accident and had to miss
17) the work wWch you described _
IB) MR. BURCH: I just want to object to the extent
10) that he mJght know that was the case.
1101 BY MR. BIALKOWSKI:
1111 Q: I don't want )'ou to think -I'm tr)ingto think
112J aU of my questions to the extent that )'OU would know, And
'13) the mere facti that ask a quest/on, I'm not presuming that
'141 )'ou did know an answer,And Uyou don't know
151 something - just one Instruction I didn't give )'ou; bUI
la) I'll give to to )'ou now,
171 Don't guess because )'our anome)' doesn't want
18J you to guess an~ I don't want )'OUto guess. If you know
19) something, fine; if )'ou don't know somethIng, )'outeU me,
l) A: I was going to sa)' I don't know,
II 0: Okay, Good,
2) A: It'slnformation I'm not prlvUedged to,
3) MR, BIALKOWSKI: He doesn't need aU these
'I anorney's InstruCtions. He knows an)"Wa)'.
1/ BY MR. BIALKOWSKI:
';tge IS - P;tge 16 ~Un.V.ScripN>
Page 16
Kcy Reponers (717) 764.7801
Michael << barllara J.cndackl v.
Lawrenc~ Wa~on a Ryder ReDial &: Caraway
III Q: All right. WeU, let me stick with the - )'our
121 Injuries then.
131 A: That's fine,
141 Q: When Is the first time that )'ou became - that
151 you recognized or reallzed,became aware, that )'ou'd been
IBI Injured somehow?
171 A: I don't know the exact time period,
IB) Q: Oka)'. As far as )'OU know, as you can recall, do
101 }'ou recaU If )'OU lost consciousness at any' time because of
1101 the accident?
1111 A: Yes, Yes,1 did,
1121 Q: Do )'OU recall from the time ofthe accident
1131 anybody coming to render )'ou any assistance?
1141 A: Not until I was belng loaded in the ambulance,
1151 Q: Do )'OU have recollection o( an)' conversations
IIBI with ~nybody or an)'bod)' s3)ing anything to )'0\1 between the
1171 time that you lnIt1all)' were injured to the time that )'OU
1181 were being loaded In the ambl~ance?
1111 A: No, I do not,
1201 Q: Oka)', If )'Oll know, do )'OU recaU whether )'OU
1211 were physlcaUy conscious aU the time that you were in the
1221 ambulance?
1231 A: Urn, I was not.
1241 Q: You were not?
12S1 A: No, I was not.
Page 17
Page 18
111 Q: Okay. And do )'OU recall an)' conversations )'OU
121 would have had wllh any o( the ambulance crew while you were
131 being transported to the hospital?
141 A: I only recall belng loaded In the ambulance,
151 Q: What's the next thing you recall after that?
161 A: Urn, I remember in the emergency room going into
171 a - I'm not sure what the termlnolog)' of the machlne Is,
IBI It's where they take )'our whole bod)' X.ra)',
10) Q: RIght,
(101 A: I remember belng - baslcall)' belng transported
1111 Into that machine. For some reason, that sticks In my mind.
(121 Q: Do )'Oll recall experiencing any pain while )'OU
1131 were beln'g transported to the hospital?
1141 A: I don't rccall the trip to tile hospital.
1151 Q: Oka)'. Do )'OU recall experiencing any pain once
1161 )'ou got into the hospital? You mentloncd this t)'pe of
1171 machine that the)' put )'Oll in to X.ra)' -
I1BI MR, BIALKOWSKI: Off the record just a second.
1101 (At wWcli time, a discussion W3S held off the record.)
1201 THE WITNESS: Ycs, I remember extreme pain.
1211 BY MR. BIALKOWSKI:
1221 Q: And where - in what part of your bod)' did )'OU
1231 have this pain, slr -
1241 A: 1'111 going to -
(251 Q: - as best )'OU can recall? I realize that
Kcy Reporters (717) 764-7801 Mln.V.Scrip~
Mlcl1aelj.,Lcndackl
:.. January 25. 1996
Lewy.,'. NOI's
Pllgc 17 - l';Ige 1
, .............J. AA.:I.I.U''''""A!
January'Z5. 1996
....
"
MIchael a: Barbara J.endackl v.
Lawrence Wa150n a Ryder Ren:al a: -Caraway
Page 19 bWYlf', Not..
III you-
121 A: I'm going to say I ached aU over,
131 Q: Okay, How long were )'ou hoSpltalJzed?
141 A: I beUeve It was three days,
151 Q: I don't necessarily expect )'OU to know medical
III terminology, So when - I'm goIng to ask )'outhis
171 questlon,l'm not looking for a doctor - but do )'OU know
IBI what injuries )'OU SUstained from this aCCident?
(9) A: Pretty much so, )'es,
(101 Q: Okay, Do )'OU want to teU me what they were?
1111 A: The eye socket around m)' left e)'e was broken in
112) several places. My cheek was fractured several different
1131 d1recllons,
114) Q: And )'ou're pOinting to )'our left cheek?
115) A: That's correct,
1I11 ' Q: Oka)'.
(171 A: M)' jaw was broken in two places,
IIBI Q: Now, again, you pointed to )'our _
1101 A: Left,
120) Q: - left jaw?
(21) A: That's correct,
1221 Q: And would It be the Upper or lower portion of
123) tlte jaw, If you know?
(24) A: The upper porllon of the jaw as weU as the
1251 socket Itself,
II) Q: Okay,
12) A: And from there, I had - I'm going to say my ear
(3) was almost torn in halfj and the)' sewed that back together,
14) I had a cut on m)' shoulder, ,
151 Q: You're pointing to your left shoulder?
III A: TIlat's correct,
171 Q: To your knOWledge, did that require an)'
(8) suturing?
191 A: NO,lt did -It did not,
10) Q: Okay,
111 A: I also had a gash in my left shin,
121 Q: Did that require any SUturlngl
13) A: NO,lt did not,
I,ll Q: Okay,
151 A: I beUeve that's the extent of what happened.
II The other ones were trauma.type, )'OU know, severe neck
71 stiffness or ache, whatever )'OU want to sa)' therc,
81 Q: Okay, You ITIcnlloned )'our ere socket around the
JI Icft e)'e, left cheek fracture, the jaw brokcn ill two places.
J) With respect to the treatment of those Injuries, do )'OU know
II 1f)'OU required any surgery in which the)' would cut )'our
II skJn so they could go ahead and address the problems WillI
II llle fracntres or breaks?
I A: TIley comp)etely loosened the skJn off _ on lllat
I side of m face from m e 'e down inside, It went from the
1ge 19 . Page 20 Min.V.Scrlptl!>e
Page 20
KC)' Reporters
/llIcnaet be .'aroara l.cndackl ",
Lnwren~.e Wa'1on 8<, Rydc:,r Rental 8< Caraway
--'--
III Inside of my mouth, pulled the skin away, brought the bones
121 back out Into position, I know have three steel plates on
131 that side of m)' face,
141 Q: Okay, With respect to }'our face - and I'm not
151 talking about }'our ear, I'm going to ask that next.
IBI A: Oka)',
171 Q: Uut with respect to }'our face area, It's the e)'e
IBI area, the facc1
191 A: Yes.
(101 Q: Are there any scars on )'our face from tltls
1111 accident?
1121 A: There's one by my left e)'e, TIlat's right in the
(101 eyebrow though.
1141 Q: Oka)'.
1151 A: So that's where It's located,
(161 Q: You mentioned that }'OUr ear was almost torn in
1171 half, Is t1lere any scarring in - on your ear?
(IBI A: If you look In m)' ear, you can probabl)' see from
1101 here there's a red line that extends In across m)' ear,
1201 Q: TIlere's a - roughl)' In the middle of the ear on
(211 the side of }'our head next to }'our sldeburn, t1lere's l\ red
1221 mark?
1231 A: That's correct,
1241 Q: And then It looks like on the inside of the ear
125) that there's some klnd of scarring, TIlat what you're
Page 21
Page 22
II) talklng - It looks like a line extending into t1lerr.?
121 A: That's correct, TItat's correct,
(31 Q: Did )'ou suffer any eye problems, in otller words,
14) vision problems as a result of the accident?
151 A: Yes, I did,
161 Q: What l)'Pe of vision problems did )'Oll suffer?
(71 A: To tltls day,l have whatl refer to as - m)' e)'e
IBI Is lazy,
191 Q: And which eye is tllat?
(101 A: That's the left eye, I have to force It to
1111 blink,
1121 0: Have )'OU received an)' medical treatment for tltat
(131 conditlon?
1141 A: For a good period of time after tile accldent, I
1151 was - I had a lubricant tllat I put In tile e)'e to assist tile
1161 actlon of tile e)'e close - or blinklng,
1171 0: Did )'Oll go to see any ophthalmologists or
1181 optometrIsts or an)' otller e)'e specialists for tile problem
(191 )'ou were'having with )'our left e)'e?
(20) A: Yes, I dld.
1211 0: Do )'ou recall who that was?
1221 A: I don't recaUtheir name, TIle)' were at Penn
(23) State, Hershe)' Medical Center.
1241 0: Were - whoever }'Oll sa)' that was - strike t1lat
1251 question,
Key Reporters (717) 764.7801 l\lin-U.Script!>
Michael), l.cnda~,
'.' .
January 2S. 1!l!)(
Lawyer'. Nol..
Page 21 - Page 2
. ............J. ~...U..u_....l
January'2'~ 1996
'-.' '.
Michael '" Barbara LendackJ v.
Lawrcnce Walton A Ryder Ren:al, 80: 'Caraway
Psgo 23 bwyer'. Not..
111 By thc way, what hospital were )'oulransported
121 to?
131 A: Hershel' Medical Center,
141 Q: Okay, Did you see those eye specialists or
(51 speclaUsts whJJe you were hospltaUzed those t1tree days?
IBI Or was It somethne after thattbat you went back?
17) A: It was sometime after.
181 Q: What did they do for )'ou?
10) A: Um, Uke, It's - maybe we should step back. I
1101 was experiencing flasltlngln my e)'e,
1111 Q: Okay,
1121 A: And that was orlglnall)' why I lnltlated the
113) visit.
1141 Q: When did you Ilrst start to experience the
(15) flashing in your eye?
IIBI A: nus was probably when I was at home after the
117) three days I was in the hospital. I'm not sure of the time
lIB) period,
1101 Q: Okay, And in flashing, was It in both e)'es or
1201 just the one eye?
121) A: Just the left e)'e.
122) Q: And did anybod)' teU you what was causing that
123) flashing when you went to the hospital?
1241 A: They reaIJ)' never gave me a good explanation of
125) It,
(II Q: Did they teU )'ou to do an)1hlng for It? In
(2) other words, give you a medical - give )'ou a prcscrlptlon?
(3) teU you to do certain exercises?
(4) A: No, There was nothing prescribed like that
(5) there,
(6) Q: Did they teU you to avoid anything like br/gllt
171 sunlight or anything like that?
181 A: I was to avoid brlghtsunllgllt, )'cs.
191 Q: Okay, Was It )'our decision to use thc
1101 lubricant?
111 A: No, It was their's,
121 Q: They told you also to use the lubricant?
131 A: Yes,
141 Q: How many times did you go see the e)'e
15) speclaIJslS at the Hershey Medical Ccnter?
161 A: I know I was there atleastlWlcc.
III Q: 'Then's the last time )'OU saw an)' member of the
medical professl9n for the problem that )'OU experlcnce with
9) )'our left e)'e?
'1 A: I had a completc e)'e examination one )'ear after
1/ the accident.
2/ Q: Do )'OU know who did that?
JI A: That was, again, at Hershe)' Medical Center.
II Q: What - to )'our knOWledge, what was the result
;1 of that complete ere examination?
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Key Reporters
Michael & Barbara Lcndacki v,
La~renc;~ Walf~n &: Ryder Rental Be Caraway
\11 A: TIlat the - the result was m)' vision Is where It
121 was before the accident,
131 Q: Old )'OU require glasses beCore the accident?
141 A: No, I did not.
151 Q: Either for reading or distance?
IBI A: No,
(71 Q: And do )'OU require them now?
181 A: No, I do not,
(91 Q: Oka)', Go ahead, Your vision was normal -
\101 A: And the difficult}' blinking, TIlere's very
1111 Uttle that can be done to help that or to correct It,
(121 Q: As we sit here toda)', do )'OU still have that
(131 difficult). blinking?
(141 A: Yes,
1151 Q: And do youstUJ use an e)'e lubricant for that?
1181 A: Only on occasion,
1171 Q: You mentioned a laz)' left e)'e, Old tile)' have
(IBI tllat - find that )'OU had a lazy left eye?
1101 A: I guess If I was more specific, It.s tile muscles
1201 around It.
(211 Q: Right,
1221 A: TIlat's - the e)'e Itself seems frne.It's the
(231 muscles that control the blinking, And that's where the
124) laziness 15.
1251 Q: Oka)', So let me explain what I lrnderstand,
(II When you mentioned lazy e)'e, let me explain what I tllOught
121 }'OU meant; and you can tell me If tltls Is or Isn't what
13) you're suffering,
141 A:'Um.hum,
151 Q: Some people describe a laz)' e)'e Is that tile ere
161 doesn't move - the e)'eball Itself doesn't move in tandem
(7) with the other e)'eball so that when they're looking at
(81 sometltlng, eveq'lh1ng can get disjointed because the e)'es
101 are not in uniform movement as opposed to tile eyelid
1101 bUnking or t1tlngsllke that?
(III A: I don't experience any trouble with the e)'e
1121 l15elf moving, It's tile muscles tllat control tile blinking,
1131 Q: Oka)', And other tllan tile dlscomforl that you
(141 would have or the - or how It would irritate tllat
1151 problem-
I1BI A: Um.huOl.
(l7) Q: - how has that aCfected )'ou In )'our da)'.to-da)'
(181 LUe,lfat $1
1191 A: TImt e)'e dries out prematurely; so It causes
(20) discomfort, especlall)' in weather Uke we have right now,
1211 Q: AU right, let me go next to )'our ear, Did you
1221 ha\'e an)' hearing problems after the accident?
1231 A: After the accident, my hearinll ,..as impaired In
1241 that ear,
1251 Q: Your left ear?
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Mlchaelj, Lendackl
.. '
January 25, 199G
bwyli,'. Nollls
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.. '.
MJchael II: BarbaralcndackJ \",
Lawrence Watson a Ryder Ren.tal a, ~awa}'
Page 27 Lewy.,'. Nol..
(11 A: Yes,thu's correct,
12) Q: Is It still impaired?
13) A: No, It's not,
(41 Q: How long dJd thJs Impaired condition exist after
151 the accfdent?
IBI A: At least a )'car.
171 Q: Did the dOctors tcU )'011 wh)' )'ollr hcarlng was
(8) Impalrcdl
10) A: TIlere was a - a lot of Swclllngln tllat area;
1101 and just the shock Itself that that arca expcrlcnccd.
1111 Q: You mentloncd you had a cut on )'our left
1121 shoulder that didn't requirc an)' suturcs, Aftcr that
1131 healed, did you have any othcr problems With your Icft
(14) shoulder?
1151 A: No, I have not.
(IB) Q: You mentioned thai )'ou had a gash in )'our Icft
1171 shin, which also did not rcquire Sutures. Aftcr that
liB) healed, did you have any furtller problems with )'our left
(10) shin?
120/ A: No, I have not,
1211 Q: Have )'Oll had any problems of an)' sort wIth the
122) lower part of your bod)' from the waist down as a result of
123/ the accident?
124) A: No.
1251 Q: You mentioned that )'ou had stiffness and
II) achiness in )'our ncck _
121 A: Urn.hum,
P) Q: - after tlle accfdent. Do )'OU still expcrlcncc
14) t1lat?
(5) A: Ycs,l do,
161 Q: And could )'OU describe In more dctall how
171 this - where )'OU have tllls stiffncss and achiness?
IBI A: Um, It extends down Into my shouldcrs,
10) Q: And how frequently do you cxperlcnce this?
1101 A: Every dOl)',
Ill) Q: Do )'Oll take any medication?
11~1 A: Yes, I do,
(13) Q: What medication Is t11atl
114/ A: The doctor prescribed _ blll it's an
115) ovcr.the-counter mcdiclne to take _ Ibuprofen.
liB) Q: How many do )'OU takc a dOl)'?
'171 A: At least two.
IBJ Q: Do thcy h~lp?
,;, A: Yes, thc)' do.
/01 Q: Did )'outake any toda)' )'et?
!,/' A: Yes, I did,
12J 0: As we sit here, are )'ou experlenclns all)'
13/ aclllness or stiffness In )'ollr ncck?
"I A: Not present - not now,
51 0: Did an)' of tllC doctors leU )'Oll what was callsblll
'age 27 - Page 28 ~lln.V.Scrlptl!l
Page 28
Key Reporters (717) 764.7801
Michael & Jiarbara Lcndackl v,
Lawrence; Wa~,c,)Q 8c Ryder Rental lie Caraway
-.
II) that?
121 A: We discussed It,ll was just trauma to that
13) area, TIlere's no bone structure damage, It's 'u~t, )'ou
141 know, the extreme shock to that area. TIlls Is what -
151 Q: Did any of the doctors evcr indlcate to )'OU as
16) to how long they thought )'ou would continue to experience
171 the achiness and the stiffness?
IBI A: TIm was an Indefinlle period.
101 Q: D)' the wa)', were allthc medical personnel that
1101 treated )'ou in this - as a result of )'our injuries at that
1111 time of the treatment located at the Hershey Medical Center?
1121 Maybe that's not a clear question, Did )'ou go to see an)'
1131 doctors other t1lan t1IC ones you saw at Hershey Medical
1141 Center?
1151 A: Yes, I did,
(161 Q: And who was that?
1171 A: I started with m)' dentist becausc I was
1181 experiencing problems with m)' teeth,
1191 Q: RIght,
1201 A: And he, In nlrn, rcferred me to - I believe the
1211 gentleman's name was Dr, BaUey Woods,
1221 Q: By the way, who Is your dentist?
(23) A: Frank Hauck. I believe Ills last name Is Hauck.
1241 Q: H.A.U.C-K?
125) A: I beUeve so,
(II Q: We have a record from a Randy Hauck.
12) A:Oh,
131 Q: That's an M,D" though?
141 A: Excuse me. I'm - he was my doctor. Now, off
151 the top of my head, I can't t1l1nk of t1lc - my dentist's
(BI last name.
171 Q: Do )'ou know who Dr, Lahar, L-A.H.A.R, Is?
IB) A: I don't remember,
101 Q: Oka)', I may have asked )'OU thls. I apologize
1101 If I reask a question, Did I ask )'OU who your famU)'
1111 physician was?
(12) A: No, you did not.
1131 Q: Did)'ou see )'our famll)' ph)'slclan as a result of
1141 any of these injuries?
1151 A: No, I did not.
1161 Q: Who Is )'our family ph)'slclan?
1171 A: 'nle office of - It's ShepardslOwn Famll)'
(lBI Practice, I
1101 Q: \'VIiere are tlley located?
(20) A: Detween Camp lilll and DWsburg,
1211 Q: Okay, Also, In case we don't have the name, if
1221 you at some polntln t1l11e you can remember or get the nallle
1231 of )'our dentist that youlnltlall)' wentta, If you could
(24) gil'e it to )'our allorne)', then he could get It to us, I
1251 appreciate that.
Key Reporters (717) 764-7801 I\lin-V-ScriptlS>
.. ... .
Paga 29
Paga 30
MlcJlael J,..I_enclackl
. January 25, 199C
bwy.,'. Notes
:'
Page 29 . Page ;\
January'2S. 1996
.... .................
111 ' A: I believe )'OU have that In )'our records,
(2) Q: It very well may be In the records that you
(3) provided to us.ljust couldn't remember as we were sluing
14) here, With respect to the Injuries to the eye socket and
151 left cheek _
IBI A:Um'hllOl.
171 Q: - )'ou know, the fractures )'ou described, do )'OU
IBI experience any problems In that area now?
101 A: There's a constant numbness in my left cheek.
lID) Q: Has an)'body told )'OU what's causing t11at?
Ill) A: TIle nerve endings were severed.
112) Q: Other than the feeling of the constant numbness
1131 in your left cheek, has t1m In an)' way affected )'OU In )'our
1141 ever)'da)' activities, whether relaxIng activities or
115) sporting actlvlUes or work acUviUes?
(IBI A: I suppose It has, It's just I've gOllen _ I'l'e
1171 learned to live with It,
IIBI Q: Okay, And with respect to your jaw, )'011
1101 indicated that was broken In two places?
120) A: Um.hum,
121) Q: And that was addre5sed while )'OU were In the
(221 hospltallnJtlally, correct?
1231 A: Correct.
(241 Q: And then I believe )'ou started - )'OU said
1251 earUer about experiencing difficult)' or problems with )'our
Michael & Barbara Lc:ndackl v,
Lawrence Watson a Ryder Renlal a<araway
~
Pogo 31 Lawyer's Notes
111 mouth or jaw or )'our teeUI?
121 A: That's correct,
131 Q: And what exactly were t1lOse !)'pes of problems
141 )'011 began to experience?
151 A: My teeth no longer lIne.up, so to speak. TIle
III top teeth don't engage the hottom teeth properl)'. M)' _ tile
171 travel of my jaw Is only 75 percent of whatft orlglnaU)'
(8) was,
(0) Q: And by that, are )'OU referring to, I believe,
10) to open your mouth?
11) A: That's correct,
121 Q: So )'OU can only open It 75 percent of what )'011
13) could before?
141 A: TIlat's correct.
:51 Q: Has - all rlglll,Go ahead. An)1hfng else?
'01 A: I don't believe so.
71 Q: When's the last time )'Oll recelved an)' treatment
31 b)' an)' member qf the medlcal profcsslJn for the problems
'1 that )'OU cxperience with )'ollr jaw and tecth?
l) A: To thJs dOl)', I continue to wear a devlcc at
" night when I sleep to aid the alignment of 01)' jaw. And
11 that's the treatment I receive,
I' Q: Who prescribed that for )'OU, U )'OU know?
'I A: That was Olll of the office of Dr, Woods,
I Q: And did Dr, Woods Indicate 10 )'ou for how long
agc 31 . Pagc 32 Min'V-Scril1t1!l
Page 32
"
Kc)' Reporters (717) 764-7801
Michael & Uarbarll Lcndacki \"
Lawrcncc Wat.s~n & Ryder Renlal & Caraway
.
111 )'ou would be rcquIrcd to wcar that apparat\l5?
121 A: TIlal'slndclinlte also,
131 Q: And what's thc purpose of that apparatus, If )'OU
141 know?
151 A: TIle purpose Is to - while I sleep, to kcep me
IBI from subconsclo\l5l)' tq'lngto make m)' tceth IInc.up,
171 It's - the)' - the)' rerer to It as ThIJ Is whatthc)' think
181 or what they belle\'c Is, )'OU know, Ihe problem.
101 0: And olher than wcarlngthat device, have any of
1101 )'our medlcal provldcrs indicated to )'oulf an)'Ihing else can
1111 be done to address this ThIJ problem?
1121 A: That, agam, Is also helpcd b)' thc Ibuprofen;
1131 and he also cxpresscd that I should take that whcn I'm
1141 experlencmg achiness,
1151 Q: You mcntloncd achlncss, Do )'OU have achlncssln
11BI the jaw area at an)' time?
.1171 A: Yes,
1181 0: How frequentl)' do )'OU ha\'e tllat?
1191 A: Almost dall)',
.1201 Q: I notice that )'OU have a beard. Did )'ou ha\'e a
1211 beard at the time of tills accldcnt?
1221 A: Yes, I did,
1231 Q: So )'ou're not growing It to hide some klnd of
1241 deformlt)'?
1251 A: No, I'm not.
(11 Q: Old an)' of )'our medlcal providers indicate to
(21 you whethcr or not the problcm with the travel of )'our jaw,
13) which Is 001)' 75 perccnt, will ever gct remcdlcd so that
141 )'ou'd be back to 100 percent?
151 A: Not without surger)',
161 Q: Do tile)' rccommcnd surgcr)' at tills t1mc?
[7J A:No,
IBI Q: Other than the pain and discomfort which )'OU
101 expericnce that )'ou'\'e descrlbcd witll respcctto your jaw
1101 area, Is there any othcr way t1tat )'ou've bccn affected b)'
1111 these problem5 with thc ThIJ and the travel of)'our jaw? I'or
1121 example, do )'OU havc an)' - have )'OU changed )'our eatIng
1131 habits? Are )'ou required to avoid ealing an)' ccrtaln t)'pes
(141 offood?
1151 A: It makes catlng, like, sandwiches and things
lIB) like that more difficult. Obvlousl)', I have to smash
1171 ever)'t1t1ng C1atstJ I can gCI It in mr l11ollth,111at's
1181 somethln~ J know right ofe.
1191 0: J know this won't be shown on the record, but at
120) least J coul~ sec. Could )'OU open )'our mouth as far as )'OU
1211 can for me?
1221 A: (\'(Iltness complies,)
1231 0: And t1,at's as far a51t'1l go?
1241 A: Yes.
1251 0: I know that rou Indicated that rou stlllutl1lzc
Key Reporters (717) 764-7801 Jllln-V.Script.!>
Page 33
Page 34
JlllcllaelJ, Lcndackl
_: January 25, 1996
bwy.,'. Notlls
Page 33 - Page 3
January2~1 1996
.~. .~".."'u,"n.J
.... ,
Mlchacl " Barbara Lcndackl v.
Lawrence Walson a R)-der Renlal a 'Caraway
Page 35 Lawyer. Not..
III
121
131
(41
151
IB/
17J
IBI
10)
1101
1111
(121
1131
114/
1151
(lB/
117)
(lB)
(101
120)
1211
1221
1231
124/
1251
tha't device whcn )'OU sleep?
A: Um.hum.
Q: When Is the last time you actuall)' went and saw
the denUst or dOctor for the problcms that )'ou have with
)'our Jaw area?
A: I don't remcmber thc last timc I was thcre,
Q: We have - )'our allorncy furnlshcd to us a
number of records; one of which was a report from Dr, Wood
dated November 10,199,1, which Indlcatcd In It that he had
seen you on October 13, 199.11
A: Um.hum,
Q: In the report, It says that MIchaclls to return
to our office in December for a fOllow.up examination, Do
)'ou recaU If )'OU returned in Dccembcr of '94 for a
foUow.up?
A: If they made - thcre was an appointment, I'm
certain I went to It.
Q: Do )'OU recall If since December of '94 If you've
been back to see Dr, Woodl
A: It's hard for me to remember.
Q: aka)', Have the injuries that you
SUstained - other than for, sa)', the several months rJght
after the accident but say in the last year, have the
injuries whJch you Sustained in thIs accident affected )'ollr
relationship with your SpOuse?
;.'
111 A: Not anymore.
121 Q: And have the)' affectcd )'our relationshIp with
(3) either of your c1tUdren at aliI
141 A: 1 do avoId rOUghholtllng With t1lem, whJch becausc
(51 of obvious reasons,
IG) Q: Okay, Mr,l.cndackl, on February 21,1994, dld
[7J you also lJv~ at 38 Junction Road, Dlllsburg?
IB) A: That's correct.
(0) Q: And at the llme of tills aCCident, were )'ou
1101 operating a vehIcle whIch was owned by )'ou; or was It owned
(II) by the company wltll whom you work?
1121 A: It was my velllcle,
(13) Q: And at the time of tile aCcldent, wcre )'OU on
(141 )'our way to Work? Or had )'OU been to work and now were on
(151 your way someplace else?
(IBI A: I was on my wa)' someplace else.
117) 0: So where had )'OU leftl
181 A: Left work.,
10) 0: And work was somewherc In Camp IIiU, PAl
lOJ A: TIlat's Correct.
II) 0: And where dJd you get Onto Route IS?
121 A: In Mechan/csburg,
131 0: And approxImatel)' what lime of day was it whcn
!4J )'OU got Onto the Route IS?
:51 A: 12:15,
'age 3S - Page 36 I\Un'V-ScripNl
Paga 36
Ke)' Reporters (717) 764.7801
IIllcltael /1( ,uarbara Lendacki v,
Lawrenc!: Wa~9n Be Ryder Rental Be Caraway
111 Q: Where were )'ou going?
121 A: I was going to my home,
131 Q: And what were )'ou going to )'our home for?
(41 A: To pick up my luggage,
151 Q: Okay, And why was that?
IBI A: I was f1t;ng out that afternoon on a busIness
(71 trip,
(BI Q: And from where were )'ou going to be flying out?
101 A: Harrisburg,
1101 Q: Where were )'ou going?
1111 A: Charlotte, North Carolina.
1121 Q: And this would be the Harrisburg airport off
113) of-
1141 A: Middletown.
115) Q: Middletown over near 283?
1161 A: IUght, Right. The International airport.
117) Q: And whattJmc was tile flfghtscheduled to
1181 depart?
1101 A: 3:30,
1201 Q: And was anybody with )'ou?
1211 A: No, the)' were not.
122) Q: When )'OU got onto Route 15, would )'ou have been
1231 headed In a north or soudlerly direction?
124) A: South.
1251 Q: And from the point that )'OU got on,
Pege 37
111 approxlmatel)' how man)' miles would It be to where )'OU would
121 exit Route 15 to get to )'our home?
131 A: Five miles,
141 Q: What were the weather conditions like at the
151 time dlat )'OU got onto Route 15?
(61 A: Drizzling and some fog.
171 Q: Old )'OU - as )'OU drove onto Route 15 and
181 proceeded in a southerly direction, did )'OU have )'our
191 windshield wipers on?
1101 A: Yes, I did,
1111 Q: Did )'ou have any lights on the vehicle?
112) A: I believe I would have, )'es.
1131 Q: Do you have any specific recoUectlon of whether
1141 )'ou had )'our parklng Ughts on or )'our headlights on?
1151 A: I would say I would have had my headlights on.
1161 Q: And when )'ousa)' I would sa)', Is that because
(17) )'OU norm all)' would do that in thatt)'pe of condition?
(18) A: I -'when I turn 111)' lights on, I turn them on
1101 all the wa)',
120) Q: Oka)'. But what I'm sating is, When I asked )'ou
1211 if )'our wipers were on, )'ou speclficall)' recaU )'our wipers
(22) being on?
1231 A: TIle)' would ha\'e been because of the rain; I'm
1241 certain of that. And I'm certain I would hal'e turned the
1251 Illti1lS on at the same time,
Key Reporters (717) 764.7801 I\Un-V.Scrip~
Page 39
MlchaelJ. I.cndackJ
January 25. 1996
Lawy.r'. Notn
Page 37 - page 31
. ............"J. ....f..;UU......t\.l
January':z",19!)6,
., .
Michael a: Barbara LcndackJ v,
Lawrence Wataon a Ryder Rental. a 'Cll{away
Page 39 Lawyer's Notes
(II Q: Was there any fog?
(2) A: Yes, there was,
131 Q: And how would )'OU describe the fog at the point
141 where )'OU got Onto Route 15 south?
151 A: Moderate,
IBI 0: At the point where )'ou got onto Houte 15 south,
17/ how would )'OU describe the traffic conditions? Were ther
18) IIght-
10) A: Ught.
lID) Q: Ught. Okay. When you got onto Routc 15, I
Ill) gather you then proceeded to go SOUUl on Route 15, correct?
(121 A: That's correct.
113/ Q: And do )'OU recaU InJtlallr which lane of tr;\vel
1141 )'OU were in of the two southbound lanes?
115) A: InItially, I was in tile rlght.hand lane.
lIB/ Q: And how last were )'OU proceeding, If )'OU know?
(17) AIR, BURCH: At what point?
(181 BY MR. BIALKOWSKI:
(10) 0: At the time that )'OU got onto Route 15 SOUUI and
120) were In the rlght.hand lane and got up to the speed Ulat )'OU
1~11 would then be traveling at?
122) A: That's -
1231 Q: If you -Ifrou don't know,Ulat's oka)'.
1241 A: I don't know specl1icaUy wbat m)' speed was.
(25) Q: I'm going to ask )'OU a question, but I want to
111 explain It before you answer, My next question 15 going to
121 be, Even though you may not know what )'our speed Is, can )'ou
131 estimate what your speed was?
I~I But I don't want you to guess,If)'ou're going
15) to give me a guess, then I don't want Ulat; but )'ou If )'OU
161 feel that you can objcctlvely esUmate It, t1len I would want
(7) to hear that,
181 A: It would be a guess.
10/ Q: Now,at tile time that you - from where you got
lID) onto Route 15 south, do you know approximately how far It
(II) was to the point where thc accident evcntuallr occurred?
1121 A: ApproxImately, lour miles,
(13) 0: So YOll were about a mile or so from )'OUr exlt?
1141 A: TIlat's correct,
(151 Q: You said that )'Ouwerc InltlaU)' In tile
:16) rlght.hand lane?
'171 A: TIlat's correct.
181 0: Did t1lere come a tInle when )'OU went over Into
191 the left.hand lane?
ll) A: Yes.
111 Q: When did that occur?
121 A: I don't remember,
131 0: Wh)' did )'ou go over to )'our left.hand lane?
141 A: I don't have a reason for that.
:51 0: A5 011 were roceedin SOUU, on Houte 15, at an '
'agc 39 - Page 40 Mln.U.Script!>
Paga 40
Key Reporters (717) 764-7801
Michael & Ilarbara Lcndackl v,
~nc,e. Wa~.qn " Ryder Rental a Caraway
111 time from the thne )'ou got onto ROllte 15 south up until the
121 time that the accident happened, can )'outell me how fast
131 )'ou were traveling?
141 A: No,
III Q: Were )'ou wearlng- I know )'011 don't wear
IBI glasses; but I'U ask, were )'ou wearing any glasses?
171 A: No.
IBI Q: Or slUlglasses or g1alses to enhance rOllr abWt)'
101 to see througll fogl
1101 A: No, I was not.
1111 Q: Did your windshield wipers continue to work as
1121 )'ou were proceeding south on Route.15?
1131 A: Yes,
1141 Q: If you can recaU, do )'OU know If )'our
(151 windshield wipers caused any streaklng that would have - on
(lB) the windshield?
1171 A: No,they did not hnpair my vision.
IIBI Q: Now, )'OU started out thatlnltlaUy you were In
1191 the - )'OU were the rlght.hand lane, At some point, )'OU
1201 moved to the left,hand lane, At some point, did )'OU move
1211 back to the rlgllt.hand lane?
1221 A: No, I did not.
1231 Q: Oka)', And as )'OU were proceeding south, do )'OU
1241 recaU observing an)' traffic In front of )'ou?
1251 A: Traffic was Uglll. I don't recaU observing
Pege 4\
{II anyone In front of me,
(21 Q: Oka)', And as )'OU were proceeding south between
131 the time that )'OU first got on Route 15 up until the time of
(41 the accident, did the - first of aU, the rain, the
151 drlzzllng-
(6) A: Urn.hum,
(71 Q: - dld It lighten up, get worse, or star about
IBJ the same?
101 A: About the same,
1101 Q: And secondl)', the fog, did that remain constant?
1111 Or dld It get thicker atthnes and lighter attlrnes?
(121 A: It was heavier and 1Ig1ller,
1131 0: And at the heaviest tIlat )'OU recaU the fog,
1141 approxlmately what \islbUit)' did )'OU have in terms of how
1151 far In front of )'OU you could see?
1161 A: That's a difficult question to answer,! don't
(17) know that I can put a footage on It or anrthlng like that,
(181 0: Can rou put car lengths on It,lIke,the car
(191 that )'OU \'vere driving being one car length?
1201 A: No, I don't believe I can,
1211 0: Oka)'. Mr. Lendackl, in )'our own words, )'ou're
1221 now proceeding south on Route !5 and }'ou're In tile left,hand
1231 lane of the southbound traffic?
1241 A: Um.hwn,
1251 0: Would )'Oll describe in )'Ollr own words what )'ou
Key lleporters (717) 764.7601 Min-V.Script!>
Page 42
MJc~elJ"Lcndacki
January 2'. 1996
Lewy.,'. Noles
Page 41 - page'
. .......-...... .l..Cuu.u..:I\..I
January 25, 1!l96 ,
MJcJucl '" Barbara Lcndackl v,
Lawrence Watson a Ryder Rental. a Cataway
Page 43 Lewy.r. Not.,
III recaU happening froC'. the time that nothIng Is reaUy
12) happening othcr than you'rc mOving on Route 15 south up
(3) until )'OU recall anything about thc accldcnt?
14) A: I recaU seeing II truck, what I bellcve was
151 parked on thc hJghway In front.
181 Q: Now, when you say in front of )'ou, was
17) It - from what )'Oll obscrved, was It In the samc lane rou
(8) wcre, the left.hand lane? or thc rlght.hand lane?
10) A: The samc lane I was In,
(101 Q: Okay, Now, when -go ahead, You describe
(II) everything, Illld then I'll go back so I won't interrupt )'ou,
1121 A: So naturaIJ)', I braked to stop m)' vehJcle, I
1131 came to a resting point behind - staring at the back of a
114) tractor trailer. I also observed some vehJcles In the
1151 rlght.hand lane, which was all - whJch was backed up also,
lIB) Q: AU right,
117) A: I continued to Sltthcre and had other vehJcles
(181 back up in the right-hand lanc next to me, I had someonc
110/ take thc mirror off lilY pJckup truck as they went b)' me, so
120) to spcak.
1211 Q: WhJch mirror?
122/ A: The passenger's side,
(23) Q: AU right.
(24) A: And after that occurred, I dido '[ know Illlything
125I':..agaln until I woke up in the ambulance,
111 Q: Okay, Now, when you first saw thls truck in '
12/ front of )'OU, It appeared to bc parked, right _
131 A: Yes, sir,
t41 Q: - in thc Ieft.hlllld lanc of the southbound
IS) traffic on Route 15. CIlll youteU me approximately how far
161 away It was from )'Out vehicle?
(7) A: 1 don't know the dlstancc,
181 Q: And again, Cllll )'ou - even though )'OU don't know
(0) the dlstllllce, Cllll you state It In car lengths, If you can?
:101 A: I'm going to _
II) Q: I don't want )'ou to guesslf)'ou honestlrdon't
12/ know.
13/ A: I'd be guessing,
141 MR. BURCH: And /ustso the question's clear In
15) my mind, were )'OU asking hIm from thc ftrstt1me he observed
16) thc truck?
'1) MR. BIALKOWSKI: Yes, not after he stopped; I'll
61 get to that. From ,the ('lrst lime,
1/ BY MR. BIALKOWSKI:
II Q: The reason wc ask those questions, Mr, LendackJ,
1/ Is that so when the time comes for trial we know tllat )'ou're
:/ not going to be coming in and sating, Well, I estimate It
'/ was so many feet,{f )'Oll're going to havc an estimate, we
" want to know It todar,
,/ And I know I asked this question hefore, hut
age 43 . Page 44 Min.V.Script0
Pags 44
XC)' Reporters (717) 764-7801
.\II~lIac' ~ biU'llara !.4;1I11acA1 \'.
Lawrenc~ Wal.\On . '" Ryder Rental '" Caraway
---,-
III I'll ask It again. Do )'OU know how fast )'OU were going when
121 you observed that trllck stopped?
131 A: No, I do not.
1'1 Q: Now, you braked to stop; and )'OU said that you
151 came to a stop?
IBI A: That's correct.
171 0: When )'OU braked, did )'our car skid 011 aU?
IBI k . don't recall skJddlng,
101 0: Do you recall hearing )'our tires squeal or
1101 an)'Ihlng?
(111 A: No, I do not.
1121 Q: Once - and your car dId come to a stop?
113) A: That's correct,
1141 Q: When )'OU came to a SlOp, were )'011 stlllin the
1151 left.hand lane of southbound traffic?
1161 A: Yes, I was,
1171 0: And was YOllr car stopped paraUelto the sides
1181 of the road or at an angle in an)' wa)'?
1101 A: I believe I was parallel.
1201 Q: And were )'OU in contact with the trllck in front
1211 of )'Oll?
(221 A: No, I was not,
1231 0: Can )'ou tell me how far awa)' )'ou were once )'our
1241 vehicle came to a stop from the trllck in front )'ou?
1251 A: I remember about one vehicle length between liS.
111 0: Now, )'ou then say that at that point in time
121 after you stopped your vehicle, YOll saw vehIcles in the
131 right-hand lane backed up?
(4) A: They were diagonaU)' In front of me, There was
151 no one directly next to me,
161 Q: Oka)', AU right, Now, I understand what )'ou
171 mean diagonally, Okay, And were those vehicles that )'OU
(8) observed diagonally in front of )'ou, were they also parallel
10) to the sides of the road but in the rlght.hand Iwe of
1101 travel?
1111 A: Yes.
1121 0: Did you see an)' vehicle that would have been
(131 perpendlcular to the side of the road in the rlght.hand
1141 travel with tile front of the vehIcle faclng that truck that
1151 )'ou were behInd?
1161 A: No, I did not.
1171 0: Now, )'ou said )'OU continued to sit there and
1181 other vehIcles backed up In the rlght.hand lane. You mean
1101 the vehlcies ph)'slcally backed up or lhatthe traffic was
1201 backing up?
1211 A: Oh, I'm sorr)'. TIle vehicles traveling
1221 southbound In the right.hand lane were accumulating or
1231 backing up or however you want to SOl)' it, TIle)' were
1241 SlOpping for the traffic a1lead of them.
1251 0: And lip to t1tal point In time, had )'ou ohservcd
Key Reporters (717) 764-7801 Min.V.Script!)
Mic~ael J,. Lendacki
January 25, 199(
Pig. 45 Lawyer'. Notes
Page ~6
,.
Page 45. Page 4
'.....J. ......,....._...."'1
January'25,1996
.
Mlchacl 8< Barbara Lc:ndackJ v.
Lawrence Watson II: Ryder Rental a ~Car.away
Page 47 Lawyer's Noles
IIJ any coUlslon between an)' vehiclcs?
/21 A: No,
P) Q: Up to that point In time, had )'OU hcard an)'titIng
141 which may havc evcn soundcd like a collisIon with any
151 vehIcles?
IBJ A: No, I did not.
(7) Q: You then Indicatcd that somcone look a
18/ passcnger.slde: mirror off of )'our pickup as they went by?
1&1 A: That's correct,
(101 Q: Do you know what vchlclc dJd thatl
1111 A: No, I do not,
/121 Q: Did any trucks pass )'011 on thc right? .
1131 A: What klnd of trucks?
114) Q: WeU.let's start with a tractor trallcr.type
1151 truck?
118) A: No.
117) 0: Old any pickup trucks shnllar to )'ours or might
/181 be a larger version pass you b)'?
/101 A: The vehIclc that took my mirror off was some
1201 l}'Pe of vehicle like that,
121) Q: And why do )'ou say that as Opposed to It being
122) a, you know, four-door sedan or somethlngllke that?
1231 A: Because I speclficaU)' saw it go b)' me,
(24) 0: And can you be any more descriptive as to what
1251 the vehIcle was1fkc?
II) A: It was either a pickup truck with a camper cap
12) on It or It was a Chevy SlIburban,type vchIcle,
131 Q: And did you see tllat vchIcle comc to a stop?
14) A: I don't remember,
15J Q: How did you hecome aware that that vchJclc had
16) Impacted your passenger side mirror? Did )'OU first hear it
171 and then look to see that? Or IVere )'OU looklng to )'our
la/ right at that time that It happcned?
I~) A: I had looked to my right.
'10) 0: And as you were looklng to )'our right, tills
II) Suburban - again, I know )'ou're not 100 percent sure It's a
12) Suburban?
131 A: Um.hum. .
14) Q: But tltIs vc1llc)e came b)'?
151 A: That's correct.
161 0: Were you ablc to tell what part of that \'ehlcle
7) cUppcd your passenger.slde mirror?
5J A: Not spccUjcall)', no.
l) 0: And did )'ou look In )'oue rean'iew mirror at an)'
l) time?
'1 A: No, I did not, not that I rcmember.
'I Q: SO that even though )'011 observed the various
I) traffic in the rlght'hand lanc as )'011 have described it, )'OU
I) can 'tteU us what, if an)'I/llng, was to )'our rcar as )'OU sat
" there?
age 47 - Page 48 Min.v.ScriPNl
Page 48
Key RCporters e717} 764.7801
Micllael & llarbara LcndackJ v.
Lawrence. Wall~n 8< Ryder Rental 8< Caraway
--'--
(11 A: As I sat there, there was nothing to 111)' rear at
121 that polnt that I'm aware of,
131 Q: lIut you didn't look In the rearvlew mirror?
141 1113t'S what I'm sa)ing,
151 A: I don't remember speclflcally looldng In my
161 rcarvlew mIrror, no,
171 Q: Do )'ou remember looldng In )'our slde.view
IBI mirrors to see what was - what would be In the rear of rour
191 vehicle?
(101 A: I don't recaU doing that.
1111 Q: Do you recall - I fust want to - strike that
1121 question.
(13) M)' recoUectlon Is that )'ou stated - and If I'm
1141 wrong, lust tell me. Ok a)'? - that rou saw this vehicle go
1151 by your car on the right and your passenger side mirror
(16) ripped off or knocked off-
1171 A: Correct.
1181 Q: - as they went b)', And then the next thing )'ou
1191 remember Is you're In the ambulance?
1201 A: That's correct.
1211 Q: Okay, Is there any - do )'ou have any
(221 recoUectlon of hearing any brakes squealing or grinding of
1231 metal or an)'tlllng like that?
1241 A: No, I do not.
", 125) Q: So from )'our own personal observations, )'OU havc
111 no personal knowledge as to what happened from the time )'ou
121 saw that car go br - that vehIcle go b)' and knock )'our
131 mirror off unlU the time tll:tt )'ou were In the ambulance?
1'1 A: Could you sa)' that again?
151 Q: From )'our own personal observations or
161 recoUectlons as opposed to what somebod)' lllay tell )'ou -
171 A: Um.hum,
181 Q: - )'ou have no Idea of what happened from the
(9) time that vehicle went b)' )'ou on the right and knocked your
1101 mIrror off -
1111 A: TIlat's correct.
(121 Q: - until the time tllat )'OU were In the
.- (13) ambulance:?
,,'. 1141 A: I have no Idea what was going on,
1151 Q: Have )'ou had an)' discussions wim an)'bod)' who
(151 was in that area at the time of the accldent from the time
(171 of the accident up untlltoda)' as to whal happenedl
(181 A: I'm ~ot sure I understand.
(101 Q: In other words, have rou spoken with anrbod)'
(20) that ma)' have been In an)' of the vehicles that were in that
1211 area or may have been walking along tile road and said, Did
1221 you see an)'Ihlng and what dJd )'OU see and -
1231 A: I have not.
(24) Q: Oka)'. The driver of our \'ehlcle was
1251 Mr, Lawrence Watson,
Key Reporters (717) 764.7801 J\lin.V.Scrip~
Page 49
Page 50
MlchaelJ"Lendackl
January 25. 1996
bwye,'. Notos
Page 49 - Page 5
........,). ............'I\.I\.J
January'25. 19~6
. .
Mlcllllel Be Barbara Lc:ndackJ v.
Lawrence Wauon a: Ryder Rental a 'C~away
Pago 51 Lawyer.. Notes
111 A: Um.hum,
12) Q: And as of - up till today, have )'OU ever spoken
131 with Mr. Lawrence Watson?
141 A: I ha ve not, no,
15) Q: Have you ever spoken up tllltoda)' with any
IBI representative of either R)'der Truck, Caraway Manufacnlre,
111 or nuckhorn Carriers concerning tills nccldenl?
IB) A: No, I have not.
0101 Q: And I apologize If this 15 repetitive,
liD) Mr, Lendackl, I'm almost finished. From )'our own
1111 observations or perceptions, )'OU know,hearfng,feeling,
(121 seeing, the onJ)' Impact of any t)'pe that )'OU were aware of
1131 before you remember something in the ambulance Is this
(14) vehicle coming by to your right and knocklng off )'our
1151 mirror; Is that correctl
IIBI A: That's correct.
(17) Q: And llgain, although there were vehicles stopped
(18) on Route 15 south, you don't have llny recoUectlon of seeing
(10) any of those veWcles other than In a position which would
01201 be paraUelto tht: sides of tile road _
1211 . MR. BURCH: Objection to the form of the
1221 question, You can answer, Mike,
1231 BY MR. BIALKOWSKI:
1;124) Q: - Is that correct? In other words, you dJdn't
'1251 see llny at an angle as If the)' were perpendicular or
II) sideways or semf,sldewa)'s _
121 A: I don't remember an)'.
(3) Q: Did you see an)' vehicles to your left in
III the - on the berm of the road?
(5) A: No, I did not.
161 q: Did )'OU see an)' vehicles to )'our left on the
f7J -meaialstrlp?
18) A: The snow was 2 feet deep. No.
10) Q: There was a medJalstrip, correct?
lID) A: Yes, there Is.
1111 Q: TIle dividing lines between the nortll and
1121 southbound lanes wasn't/ust a narrow guardrail? 11lere was,
113) ns )'OU said, snow or grass or dirt or something In there?
1141 A: Yes. Yes,
1151 Q: And did )'ou see an)' vehlc)es on the rlglu.hand
'IB) berm?
171 A: No, I did not.
lei Q: So all vehlales thnt )'OU observed would have
19) been In either the left. or rlght.hand lanes of travel on
101 Houte 15 SOUtll?
!II A: That's correct.
121 Q: Oka)'. Mter )'OU brought )'our I'elllde to a stop
iJI In the position wWch )'OU IndJcated, did )'OU see an)'bod)'
'<I olllslde - strike that question. .
51 After 'ou brou ht 'our I'ehicle to a sto ) In the
'age 51 - Page 52 Mln'U'ScriPNl
Page 52
Key Reporters (717) 764.7801
Michael & Barbara Lcndackl v.
Lawrcnce Watson & Rydcr Rcntal &. Caraway
111 position which }'ou've Indlcatcd, did you sce anybod)' walkins
121 on thc road or on the berm or In the medial area?
13) A: No, I did not,
14) Q: And If you can recall - and If)'ou can't, }'OU
ISI know, I don't want )'outo say again. Frolllthe time }'OU
IBI brought )'our vehicle to a stop up until the time that this
171 vehicle came b)' and knocked the mIrror of( the - )'our right
181 passenger mirror off, how much tlmc elapsed?
(01 A: I don't know the period of timc,
1101 Q: When you brought your vehlclc to a stop, did you
1111 keep }'our foot on thc brakc? Or did )'OU put It Into park?
1121 A: I kept my foot on the brake,
(131 Q: And even thougll you kept )'our foot on the brake,
1141 did you pm It Into park? Or dld It remain In drive?
1151 A: It was a manual,shlft vchlcle, and I would have
1161 had to take It out,
111) Q: Oka)',J'm sorry, I had to think. Okay, Did
1181 )'OU take It out of gear?
1101 A: I don't remember,
1201 Q: Okay. When do )'ou first recall the - strike
1211 that question.
1221 And as we sit herc today, Mr, Lendackl, )'ou're
(23) absolutel)' certain that you did bring )'our vehicle to a stop
(241 without coming into contact \vith that tractor traUer that
1251 was in your lane of travel; is that correct?
111 A: There's no doubt In m)' mind.
12) MR. BIALKOWSKI: Oka)'. I think that's aU I
131 have, TIlank )'ou, Mr. Lendacki, I apprcciate It,
141 MR. BURCH: Just verr briefly,
151 EXAMINATION
181 BY MR. BURCH:
111 Q: Mr, Lendackl, rou mentioned the cut on }'our
(81 shoulder,
191 A: Um.hum,
1101 Q: Can you tell opposing counsel, Is there an)'
1111 scarring on your shoulder?
1121 A: I have a scar that's there, visible -
1131 Q: Okay,
(141 A: - as weU as on m)' shin,
(151 Q: aka)', Can )'0\1 describe to him the sizes of the
(16) scarring on your shoulder and 5hln?
1171 A: I'd sa)' here's a 1.lnch cUI.And on m)' shin,
1181 it's proba~l)' - it's more like the size of a clinIC. It was
1101 more like a puncture wound.
1201 Q: Okay, TIlat's 01111 had.
1211 EXAMINATION
1221 BY MR, BIALKOWSKI:
(231 Q: Ha\'e )'0\1 s\1ffered an)' cmbarrassmcnt as a result
1241 of the scars that you just descrlbcd?
1251 A: Not from thc scars,
Ke)' Reporters (717) 764.7801 I\lin.V.Scrlpt!l
Page 53
Page 54
Michael], Lcndackl
January 25. 1996
Lawy.r'. Notes
Michael &. ilarbara Lcndllckl \" Mlchaelj, l.cndack
Lawrc;ncc Wa150n & Ryder Rental & Caraway January 25, 1991
1 94 3~:t"4, 18 enswerlng 9;2S beslcelly 18:10 31'10,3'1:17,21; conUnued 43:17;
entlclpate 9,2-1 board 33:20, 21 ,102,6;41:2, H; 46:17
A anybody 17: 13,16, beceme 17:4, ~ H.17, 18, 20;H~,8, contlnuoualy 8: 14
13:17 16;23:22;31:10; becume 48:~ 9,9, -1\13; ,17:2,1; contractlng-Iype
1-lnch 5,l:17 a,m 55:9 37:20; 50:15,19, begen H;o\ 51:22,53:1; 5-1:10, I~ 7:22
112 5:18; to:11 eblllly H:13;~1:8 S2:23; 53:1; 55:3 behind 43:13; '16:1 ~ cBpH,1 contributing 1~:13
1035:9 able H:19; '18:16 anymore 36: I believe 19;,1;20:U; CDr -12:18,18,19; control 25:23; 2G:I,
011,9.-1\7,12,17;
10034:-1; 48:11 absolutely 53:23 anyona ~2:1 29:20,23,25; 31 :1, ~9, 15; 50:2 conversaUons
11:30 5~:9 eccldent 3:1~, 19, anywpy 16:2-1 2,1; 32:9,16; 33:8; Caraway 51:G 17:1~; 18:1
12:153G:25 20; 5:21; 11:11, 17; apologize 30;9; 51:9 38:12; ~2:20; ,13:-1; cDrelull-l:23 Corporation 9:IG
1335:10 1-1:6,10,13; U:8, 17, apparatus 33: 1,3 .15:19 Carollno 37:11 corrections '1:14
1636:21,2,1;37:22; 21; IG:I,G; 17:10,12: appeared 01-1:2 berm 52:,(,16; 53:2 carrier 12:~, 17 correcUy 8: 12
38:2,5,7; 39:.1, G, 10, 19:8; 21:11; 22:-1. H; a~polntment35:IG besI15:20; 18:25 couldn't31:3
tl, 19; 40:10, 25; 2,1:21; 25:2, 3; 26:22, oppreclale 30:25; BIALKOWSKI 3:11, Csrrlers 51:7 counseI3:3; 5,1:10
41:1,12;42:3,22; 23; 27:5, 23; 28,3; 51:3; 55:7 12; 8:20, 22; 16:10, csse 16:9; 30:21 course 3:22;4:IG;
43:2; 4,1:5; 51:18; 33:21;3~:23,H; approKlmately 23,25; 18:18,21; caused 15:12;41:15 8:G
52:20 3G:9,13;40:11;41:2; 39:18;,14:t7,19; causeD 26:19
~2:.(; 43:3; 50:16, 17; 36:23; 38:1; 40: 10, court 4:3, 10
160195:4 51 :7; 55:2 12; 42:14; ,1,1:5; 55:9 51:23; 5~:2, 22 causing 23:~2; covered 11:22,22,
197:2 accldenls 15:11 epproKlmaUon 1.1:2 bills 11:21 28:25; 31:10 2.1
190-42.7 G:2 eccordlng 11:18 April 10:13 birth 5:5 Cenler 22:23; 23:3; crew 18:2
100.42.71366:5 accumulating .(6:22 area 21:7.8; 27:9. blink 22:11 21:15,23; 29:11,14 cuI 20:.1, 21; 27:11;
19756:18;7:10,16 accurale 4:6 10; 29:3, 4; 31 :8; blinking 22:IG; certain 4:11;2.1:3; 5.1:7,17
10837:11,16 ache 20: 17 33:16;3<1;10;35:5; 25:10,13,23; 2G:10, 31:13; 35:17; 38:2.1,
10887:1 50:IG, 21; 53:2 12 2j; 53:23 D
eched 19;2 eroes 15;G body 18:8,22; 27:22 chanoed 3,1:12
10043:15;11:12; echlness 28:1,7, arising 3: 13 bone 29:3 Charlelle 37:11
14:13; 35:9,10; 36:G dally 33: 19
23; 29;7; 33: H, 15, around 19:11; bones 21:1 check 12:2, 15
15 demage 29:3
2 across 21:19 20:18; 25:20 both 5:20; 10:1; cheek 19:12, 14; Donvllle 9:,1
assls122:15 23:19 20:19; 31:5, 9,13
ectlon 22:16 esslstance 17:13 bollom 32:G Chevy 48:2 date 5:5
252:8 ectlvltles 31:1-1,1-1, associate 10:9 brake 53:11, 12,13 children 5:13,20; doled 35:9
213:15;11:12; I~, 15 braked 43:12; 45:.1, 7 36:3 daughters 5:16
14:13; 36:G actually 35:3 assume 12:1 day 11:19,20; 13:7;
28337:15 addlUons 4:1.1 attend 6:7 brakos 49:22 clear 29:12; 01-1:1'( 22:7; 28:10,16;
eddress 5:2;20;22; attended 6:23; 8: I break4:17,18,20 clipped 48:17 32:20; 3G:23
~ 33:11 ettorney 4:19; breaks 20:23 close 22:IG day-to-dey 2G:17
eddressed 31 :21 16:17; 30:2,1; 35:7 brief 8:21 ce.op 8:8, II, 15,17 days 12:11,12,14,
35:19; 10:11 effecled 3:21; H:I3, ettorney's 16:2.( briefly 5.1:4 celllslon 47:1, 4 23; 13:13, IG, 18;
22; 15:1,8;26:17; nudlble 4:G brlghI2.I:G,8 cemlng 17: 13; 1,(:2,3; 19:4; 23:5, I
38 5:3; 36:7 31:13; 3~:10; 35:2,1; AU9usI5:12;7:1; bring 53:23 .1,1:22; 51:14; 53:2.( December 35:13,
3:3037:19 36:2 IU:15 broken 19:11,17; Comp 11:22; 12:1 14, 18
S ellernoon 37;G nutomoblle 11:23 20:19; 31:19 company 8:2-1; decision 2,1:9
ellerwards 9:10 avoid 24:G, 8; 3,1:13; brought21:1; 52:22, 36:11 Decorating 7:15, 2
again 16:2; 19:18; 3G:.( 25; 53:G, 10 Compensation deep 52:8
65:18 24:23; 33:12; H:25; nware 17:5;'f8:5; Buckhorn 51:7 11:2j; 12:4, t7 Defendanls 3:8, t:
,(,\:8;45:1;48:11; '19:2; 51:12 BURCH IG:8;39:17; complete 15:3; deformity 33:24
6 50:01; 51:17; 53:5 nway 21:1;.(.I:G; .(.1:14; 51 :21; 5,1:.1, 6; 21:20,25 deletlona'l:15
eges5:17 015:23 55:8 cempletely 12:10; dentist 29:t7,22;
6/14/575:G AGREED 3:2 business 7:12,1.1, 20:2'( 30:23; 35:'f
nhead 20:22;25:9, B 20; 8:2.1; 37:6 complies 34:22 dentist's 30:5
7 32:15; 43:10; .16:2,1 concerning 3: 17; depert 37: 18
eld 32:21 bnck 12:11,23; 13:1, C 51:7 deposition ,1:13;
7532:7,12; 34:3 nlrport37:12.IG 2; 20:3; 21 :2; 23:6, 9; concluded 55:9 55:9
nllgnmenl3221 3.::.1; 35:19; ,I I :21, C,J 7:1.1 condition 22:13; describe 2G:5;28.<
8 I Allen 3:14 -13:11, 13, 18 cnlled 3:6 27;.1; 38:17 39:3,7; ,12:25; ,13: 1
nlmosI15:16;203; bncked 013:15; ,I(d. ceme,13:13;,155. conditions 38:.1; HI5
21:16; 33:19, 51:1U IR,19 1-1,2,1;.(8:1.1; 53:7 I 3~7 described 15:22;
837:9 along 50:21 bockground 3: 17; Camp IU:2-I; 30,20; conscious 17:21 16:7; 31 :7; 3,1:9;
887:3 Allhough 11:1; 51:17 6'" consciousness 17:9 ,18:23; 5~:2,1
" 36:19
89 5:t2; 10:15 aluminum 7;22 backing ,16:20,23 comper -f8: I con slant 31 :9,12; descriptive 47:2,1
nmbulanco 17:1-1, Bolley 29:21 cnn 4:11, 20; 9,2,1, '12:10 detail 28:G
9 18,22; 18:2..1;,13:25; balnnce 14:22; 15:7, 12:8; 15:20; 17:R. contact '15:20; 53:2-1 device 32:20;33:~
49;19; 50:3, 13; 51:13 9,17,19 IR:25; 21:18; 25:11; conlinue 7:25; 29,G; 35:1
0310:13; 11:-1 onole '15:18; 51:25 Barbaro 5' 10 26:2, R; 30:22: 32: 12; 3220.-11:11 dlaoonolly ,16:.1, :
K~r ltcporters (717) 764.7801 J\lln.U.Script!l 1 . dlagona:
MiclladJ. Lclldackl
January 2'1 1996 . ,
Michael & Ilarbllra Lcndadd v,
Lawrcnce Watson a R}'der Rental 8: Cara~ay
difference 12: 17 . elae 32:15;33:10; 21;2,I:H,19,20,25; Frank 29:23 headed 37:H Initially t7:t7;
dlfteren17:23; 19:12 36: IS, 16 25:15,17,18,22; Irequently 28,9; headllghls 3811, 15 30:23; 31:22; 39:13,
dlftlcuI134:16; 42:16 embanaument 26:1,5,5,11,19; 31:.' 33:18 healed 27: 13. 18 15;40:15;41:18
difficulty 25:10,13; 54:23 eyeball 26:6,7 Irlenda 55:,1 hear 40:7; ~8 6 Initiated 23:12
31:25 emergency 18:6 eyebrow21:13 Iront41 :2~; 42:1, 15; heerd H:3 Injured 16:6; 17:6, 17
DlIIsburg 5:3; 30:20; employees 55:3 eyelid 26:9 43:5,6; "":2; 45:20, hearIng 26:22,2l; InjurIes 3:20; 11:12,
36:7 employment 7: 17, eyes 23: 19; 26:8 2'1;46:.1,8,1-1 27:7; 4 5:9, 49.21, 15; 12:9; 13:3; 14:9,
dime 5~:18 25; 10:20; 11:10 lull 12:2.1; 13:2.1 51:1\ 12,25; 17:2; 19:8;
direction 37:23; 38:8 ended 9:21; 10:21 F lun 55:3 heaVier 4212 20:20; 29:10; 30:1-1;
endings 31:11 lurnlshed 35:7 31:4; 35:21, 24
directions 19:13 engage 32:6 lurther 6:20;7:5; heevlesl H: 13 InsIde 20:25;21:1,
directly 46:5 face 20:25; 21:3"1, held 8:6; 9:4; 1819 2,'
dIrt 52:13 onglneer 9:7; 10:9; 7,8,10 8:17; 1":9; 27:18 help 25:11; 2818 InSlructlon 16:15
11:8; 12:20; 11:15 lacIng 46:1-1
dlscom/ort 26: 13, engineering 6:2.1; lactI6:5, 13 G helped 33:12 Inslructlona 16:24
20; 34:8 8:8; 11:2 'actor 15:13 here'e HI7 Inlernatlonal37:16
discussed 29:2 enhence 41:8 . , G.P,U 8:9 Hershey 22:23; Intenupt43:1I
le1l16:5
dIscussIon 18:19 entitled 13:13 gash 20:11; 27:16 23:3; 24:15, 23; Into 7:6; 15:6; 18:6,
dlscusslona 50:15 especially 26:20 10117:9, II galher 39: II 29:11,13 11,16; 21:2; 22:1;
dlsjolnled 26:8 lamlly 30:10,13,16, hiatus 10:4 28:8; 40: 18; 53: II,
e.tlmate 40:3,6; 17 gave 23:2,1 1.1,2.(
dl.tance 25:5;'J.l:7, 4":22,23 ler 17:8; 3,):20,23; gear 53:18 hlda 33:23 IrrItate 26:t4
9 even H:17;40:2; 40:10;42:15; 4,1:5; generally 12:7 hIgh 6:7,9,1\,20;
divIdIng 52:11 44:8; 47:4; 48:22; 7:4,10 Island 8:10
45:23 gentleman's 29:21
dock 13:9 53:13 hlghwey 43:5 It'tl34:23
docked 13:22 evenlually 40: 1\ lasI39:16; 41 :2; '15:1 Gettysburg 9:18; Hili 10:24;30:20; ItseIf3:t9; 19:25;
lelher 8:3 10:5
doclor 13:6; 19:7; Every 28:10 lether'. 7: 12, 20 36:19 25:22; 26:6, 12; 27: I 0
glasses 25:3;41:6,
28:14; 30:4; 35:.) everydey 31:1-1 Februery 3: 15; 6,8 hlslory 3:17,18 J
doctora 13:5, 19,21; everything 4:4,4; 1\:12; 14:13; 36:6 Good 16:21:22:1.f; hold7:16,2S;9.6,12
27:7; 28:25; 29:5, 13 26:8; 34:17;43:11 leeI4:15; 40:6 23:2.' home 23:16; 37:2, 3:
done 25:11; 33:1\ euct17:7 leellng31:12; 51:1\ graduate 6:9, 1\, 38:2 J 3:7
doubt 54:1 exectly 12:13;1'1:1, leet"4:23; 52:8 17,25 honestly HII jaw 19:17, 20, 23, 24;
down 8:6,9; 20:25; 25; 32:3 graduated 7:10 hospital 183, 13, 20:19; 31:18; 32:1,7,
EXAMINATION lellow 55:3 19,21; 33:16; 34:2, 9,
27:22; 28:8 3:10; 24:20, 25; IllIng 3:4 graduating 7:,1 14, 16; 23:1,17, 23; 11; 35:5
Dr 29:21;30:7; 35:13; 54:5, 21 IInd 25:18 graduation 6:19; 31:22 job 8:24; 9:8; 12, 20,
32:24,25; 35:8, 19 exemple 34:12 line 4:2, 21; 16:19; 7:7; 8:23; 9:8 hospltellzallon 14:8 21; 10:7, 25; 11:3, 19;
drIes 26:19 excepl3:5 17:3; 25:22 grass 52:13 hospltellzallons 13:13; 14:14; 15:8, II
drive 53:14 Excuse 30:4 IInlshed 9:25; 51:10 grInding 49:22 14:9 jobs 7:22, 23; 8:5
driver 50:24 exercIses 24:3 IIrsI5:23;7:13; 12:7; growing 33:23 hospitalized 14:6; John 4:24
drivIng 42: 19 exist 15:25; 27:,1 IN; 23:14;42:3, 4; guardrail 52:12 19:3: 23:5 Junction 5:3; 36:7
Drizzling 38:6; '12:5 exit 38:2; 40:13 .f.I:I, 15, 18;48:6; guoss 16:17,18,18; hourly 12:21
drove 38:7 expect 19:5 53:20 25:19;40:4,5,8; hours 11:18 K
Due 14:25 experIence 23:..,; Five 38:3 4.1:1\
duly 3:8 24:18; 26:1 I; 28:3, 9; lIashlng 23:10, 15, guessing 44:13 I keep 33:5; 53: II
during 3:22; 4:16 29:6;31:8;32:4,19; 19,23 H kepI 53:12, 13
34:9 Ilat34:17 Ibuprolen 28'15; kind 21:25;33:23;
E experIenced 27: 1 0 flight 37:17 33:12
experiencIng 15: 17; lIylng 37:6, 8 H.A.U.C.K 29:2,1 Idea 50:8, 14 ,17:13
knew 14:19
ear 20:2; 21 :5, 16, 18:12,15;23:10; log 38:6; 39: 1,3; habits 3.): 13 Immedlelely 7:5; knock 50:2
17,18,19,20,2,': 28:22; 29:18; 31 :25; 41:9;42:10,13 hall 12:11, 12, 1-1, 9:20; 14:5 knocked 49:16;
26:21,24,25 33:14 lollow.up 35:13, 15 23; 101:2,3; 20:3; Impac151:12
expleln 25:25;26:1; 21:17 50:9; 53:7
earlier 10:14; 31:25 40:1 lollowlng 4:13;6:19; happened 11:17; Impocled 48 6 knOcking 51:14
east 6: 16 8:23 Impelr41:17 knowledgo 20:7;
explanation 23:2.1 follows 3:9 20:15; 11 :2; ,188;
eetlng 34:12, 13,15 expressed 33:13 lood 3,1:101 50:1,8,17 Impaired 262l; 2,1:24; 50:1
education 6:20; 7:5 pxtendlng 22: I happonlng -13:1, 2 27:2, .1, 8 knows 16:2.1
educational 3: 18; extends 21:19; 28:8 100153:11,12,13 happy '1:20 Importanl4:S
6:7 extent 16:8, 12; foolage 42: 17 hard 15:2; 35:20 Incurred 11:12 L'
eight 8: 14 20:15 lorce 7:6; 22:10 Hardware 10:22; Inde"nlte 29.8: 33:2
elght.month 8:13 eX1remeI8:20,29;.1 form 3:5; 51:21 11:1 Indlcale 29:1; 32.25; L.A.H-A.R 30:7
Ellher 25:5; 36:3; extremely 14:23 lour 1of:1;'lO:12 Honlsbur937:9,12 34:1 Lahar 30:7
48:1; 51:6; 52:19 eve 19:11, 11;20:18, four-door'17:22 Houck 29:23,2); Indlcaled 31 :19, Inne 39:13,15,20;
elapsed 53:8 19,25; 21:7,12; 22:3, fraclure 20:19 30:1 33: I 0; 34:2 I; 3 \9, ,10:16,19,23;'11:19,
Elevelor 9:15; 10:.1, 7,9,10,15,16,18, Iraclured 19: 12 hend 1:10,G:.I; 17:7; 52:23; 531 20,21; 42:23; 43:7,8,
8,10 19; 23:4, 10, 15, 211, Iraclures 20:23; 31:7 21:21; 30:5 Intormetlon 1612 8,9,15,18;44:4;
differcnce - lanc
Mln.U.Scr11It.!)
-
.'II<:lIacl tlC Ilarllara l.4:mJ:lcki \', Mlchaelj, Lcndacki
Lawrr.ncc Watson Be Ryder Rental Be Caraway Jam~ary 25, 1996
45:'15; ~6:3,'9, 18, 22; lot 27:9 mllOl 6:16;38:1, 3: number 3:16:5:25: over 16:4: 19:2; 'pletn ~1:2
48:23: 53:25 lower 19,22; 27:22 ,10:12 35:8 37:15;40:18,23 please 3:21:4:11,
Ian.. 39;t4; 52:12, lubrlcMt22:15: military 7:G numbers 6:., over,th"counter 19,23; 15:7
19 H10,12: 25:15 mind 18:11;,(.1:15; numbne.. 31:9, 12 28:15 point 30:22; 37:25;
larger 47:18 luggage 37:,1 HI own42:21,25; 39:3,6, 17; 40: II;
l..t8:1\;10:12; mirror 0\3:19,21; 0 19:25: 50:5; 51:10 41:19,20;43:13;
24:17; 29:23; 30:6: M '17:8,19;48:6,17,19; owned 36:10,10 46:1,25; 47:3: ,19:2
32: 17; 35:3, 6, 23 49:3,6, 15: 50:3, 10: O.L.E.Y 6: I-l pointed 19:18
Lawrence 50:25; 51:15:53:7,8 object 16:8 p pointing 19:\01: 20:'
51:3 M.D 303 mlrror8.19,8 police 11:18
laziness 25:2.1 machine 18:7, II, 17 mlsall:\oI;12:8; ObJoctlon 51:21 PA 8.9; 36: 19 policy 11:23; 13:16
lazy 22:8; 25:17, 18: mall 12:2 13:2,7,21; 16:6 objections 3:" peld 12:19 portion 19:22,21
26:1,5 mekes 3,1:15 ml..ed II :25; 13: I obJectlvoly 10:6 pain 18:12,15,20, position 8:8: 9:'1,6,
leerned 31:17 manual.shlh 53:15 Modorata 39:5 obsorvatlons ,19:25: 23; 3.1:8 15,19; 1\:7; 12:20,
le..t t5:12;2":16; Manufacture 51:6 moment 15:5 50:5; 51:11 paint 7:21 22; 21:2; 51:19;
27:6; 28:17; 3,1:20 manufacturing 9:7; Monday 11:17 obsorved '13:7, \01; Painting 7:15 52:23; 53:1
leh 19:11, 14, 19,20: ,1,1:15; 45:2; ,16:8, 25; positions 8:,1; 9:23
11:2,7; 12:20; 14:\01 month 9:23 48:22; 52:18 perelleI45:17,19:
20:5, II, 19,19; monlhs 8:15;15:21; Practice 30: 18
21:12;22:10,19; many 5:15:6:'1; observing 41:2-1, 25 1G:8; 51:20 : prematurely 26:19
23:21; 2.1:19; 25:17, 13:13: H:3: 2-1:1.1; 35:22 obvious 36:5 park 53:11,1'1
18; 26:25; 27:11,13, 28:16; 38:1; 'f.l:23 more .1:19:25:19, obviously \01:16; parked 13:5; ".1:2 proscribed 2-1:4;
March 5:19 28:6; 3.1:IG; 47:2.1: 28:14; 32:23
IG, 18: 31:5, 9,13; 54:18,19 3U6 perking 38:11 prescription 21:2
36:17,18: 52:3, 6,19 mark 21:22 occeslon 25:16 part 18:22: 27:22:
lell.hand 10: 19, 23; marriage 5:23 morning 11:18 occur40:21 ,18:16 present 5:2; 28:2.1
41:20; 42:22; :13:8: married 5:7, II, 12; motor3:13 occurred 3:H: part.tlme 8:5 presently 5:13
4,1:.1: 45:15 10:15,18,19 mouth 21:1:32:1, ,(0:11; 0\3:2.1 parties 3:3 presuming 16:13
LENDACKI3:7,12; 10; 3,1:17, 20 Pretty 19:9
1:22,21,25;6:I,G; malrlculallng 8:18 move 26:6, 6; ,II :20 October 35:10 pass -17:12,18 private 4:19
Mey 11:1: 30:9; 31:2; Off 8:20; 11:19; passed 16:4
7: 1.1; 11: 11; 36:6: .10:2: .'7;.1: 50:6, 20, moved 11:20 prlvlladged 16:22
42:21; '11:20; 51:10; 12:10: 18:18,19; passenger -18:6:
21 movoment 2G:9 20:2,1; 30:,1: 3-1:18: probably 9:24; 16:2;
53:22; 5.1:3, 7; 55:6 meybe 4:8; 23:9; moving 26:12: ol3:2 37:12;43:19; 47:8. 49:15; 53:8 21:18; 23:16; 54:18
length 42:19; 45:25 29:12 much 12:8: 19:9; 19; 49:16,16; 50:3, passanger's 43:22 problem 15:19,22,
lengths 42:18;.f.f:9 mean 13:12;46:7, 18 53:8: 55:6 10; 51:H; 53:7, 8 pa..enger.slde 25: 22:18; 24:18;
life 26:18 muscles 25:19,23; office 30:17;32:2,': 17:8; 48:17 26:15; 33:8, 11; 34:2
light 39:8, 9,10; means ":11 peuse 8:21 problems 15:9,13,
meent26:2 26:12 35:13
41:25 myself 13: 17 016:13 pey 13:9; 16:5 17,23; 20:22; 22:3,4,
Ifghten 42:7 mechanical 6:23 010y6:12,19:1:-I Penn 6:25;7:8;8:1, 6; 26:22; 27:13, 18,
lighter 42:11, 12 Mechenlcsburg N onco 18:15;45:12, 23; 22:22 21; 29:18; 31:8, 25;
lights 38:11, 14, 18, 36:22 Pennsylvenla 5:3; 32:3,18; 34:11: 35:4;
23 55:1
25 medial 52:7, 9; 53:2 neme 3:12; 4:23; 5:9: one 5:18, 18;9:13; 6:23: 9:5: 10:24 proceeded 38:8;
line 21:19; 22:1 medlcel 3:20: II :21; 7: 13, H; 22:22: 16:15; 21:12: 23:20: people 26:5 39:11
IIne.up 32:5; 33:6 19:5; 22:12, 23; 23:3; 29:21,23; 30:6, 21, 2,1:20; 35:8; 42:19; percent 32:7,12; proceeding 39:16;
lines 52:11 21:2,15,18,23: 29:9, 22 -15:25; 46:5 3f:3, 4: 48:11. 40:25; 41:12, 23;
11<<1025:11 11,13; 32:18;33:10; narrow 52:12 onos 20:16; 29:13 percepllons 51:11 42:2,22
3":1
live 31:17; 36:7 medication 28: 11, naturally 43:12 only 18:.1:25:16; perform 14:14 proceedings 8:21
loaded 17:14,18; 13 near 37:15 32:7,12; 31:3; 51:12 period 9:21; 12:13: profession ~4:18:
18:,1 medicine 28: 15 necessarily 19:5 onto 36:21,2.1; 1,':15; 16:3: 17:7; 32:18
located 6: 15, 16; 37:22; 38:5, 7; 39:-1, 22:14: 23:18; 29:8: professionals 13:17
member 2.1:17; necessery 4:15 6,10,19;,10:10;,11:1 53:9; 55:2
9:3,17,18; 10:23,24; 32:18 neck 20:16; 28:1, 23 open 32: 10,12; perlodlcelly 13:22 promollon 16:4
21:15; 29:11: 311:19 properly 32:6
long 8:11;9:12; menlloned 10:I.l; need IG:23 3-1:20 perpendicular
10:10; 11:3; 12:12, 18:16; 20:18; 21 :16; norve 31:11 operallng 36:10 4G:13; 51:25 provided 3t:3
13; 1.1:1; 15:19,25; 25:17: 26: I; 27: 11, next 18:5;21:5, 21: ophthalmologists personeI49:25: providers 33:10;
19:3; 27:.1; 29:6; 16,2;:33:15;5-1:7; 26:21:40: I; .13: 18; 22:17 50:1,5 34:1
32:2; 55:1 ,16:5: .19:18 opposed 2G:9: personnel 29:9 pulled 21:1
longer ~2:5 I mero 16: 13 nlght32:21 ,17:21: 50.6 physlcelly 17:21; puncture 51:19
look 21: 18; 48:7,19. melal.19:23 normal 25:9 opposing 5-l: 10 .IG:19 purpose 33:3,5
,19:3 MICHAEL 3:7;,1:2-1; normally 38:17 optomelrlsts 22:18 physician 30:11, 13, put 18:17;22:15;
looked 48:9 35:12 North 37:11,23; order,I:5; 15:2.2 IG "2:17,18; 53:11,14
looking 19:7; 26:7; middle 21:20 52:11 originally 23:12: pick 37:.1
48:7,10; '19:5, 7 Middletown 8:9,9: nothing 2'1:.I:.f3: I; 32:7 pickup 43:19;47:8, Q
looks 21:201: 22:1 37:1-1,15 '19:1 out3:13: 15:3: 21:2: 17; 18:1
loosened 20:2.( might 16:9:.17:17 notice 33:20 2(, 19,32:2'1: 37:(:. H. places 19:12,17; quesllon'a 44:14
loso 13:12 Mike 51 :22 November 35:9 .11:18; 53:16,18 20'19:31:19 questioning 3:23;
lost 17:9 Mile 8: 10: 40: 13 Nuclear 8:9 outside 52:2.1 planl H:23 .1:17
Key Reporters (717) 7601.7801 J\Iin.U.Scril't-'l
MJCllac!J. J.cllUacki Michael & Barbara Lc:ndac:kl v.
January 25, J.!l96 Lawrence Watson A R}'der Rental &: Caraway
R repreaent3: U Icar H 12 Inow 52:8, U sU1I1I :5, 7: I 1.17, they've 3:21
repreuntlUve 51:G Icerrlng 21:17,25: loclaI5:25 23:25:12,15:27:~: thicker ~2:11
require 20:7, 12: 5~:1I, IG locket 19:11,25; 28:3; 3,1:21; ~I 11 though 21:13;30:3;
rain 38:23; ~2:.1 25:3,7; 27:12,17 Icerl 21 :10; 5.1:2,1, 20:18;31:'1 IUn18:13 -10:2; ~4:8; 48:22;
talle 16:5 required 20:21; 25 lomebody 50:6 STIPULATED 32 53:13
Randy 30: 1 33:1; 3-1:13 Icheduled 37:17 lomchow 17:G STIPULATlOIIS 3:1 thought 26:1; 29;6
rate 12:21 r..erved 3:5 IchooIG:7,9, 11, someone 43:18; stop 43:12;~\U, thoughtl 15:3
reading ~:13;G:16; respecll5:7;20:20; 20; 7:5, 10 .17:7 12,1-1,24;483: Three 8:9;9:22;
25:5 21 :.1, 7; 31:", 18; 3-1:9 sealing 3:3 someplace 3G:1 I. IG 12:22,21; \3:6, 10, 12:10; 13:1; 14:.1;
real 15:1 respecllve 3:3 second 18:18 something IG:II, 23 19;01; 21:2; 23:5,17
raellze 18:25 rasponse -1:9 secondly.12:lll 19,19;2G:8:3.1:18; stopped -Ij:17:.I\:2, three.month 10:3
reellzad 17:5 relponslbllilles eecurlty 5:25 ,17:22; 51:13; 52:13 17; .IG:2; 51:!; U1I51:2,5
really 23:2.1; H: I 14:14 leden'I7:22 somellme 11:17; stopping -IG:21 Umes 2-1:14;42:11,
reer 48:2.1; 49:1, 8 resUng 43: 13 seeing 43:";51:12, 23:6,7 strsngerl51l 11
reorvlew'18:19; result 11:11, 1-1; 18 somewhero 3G:19 streeklng ~ 1: I I Ures 45:9
'19:3,6 12:9; 13:3; "':9: seems 25:22 sorry -IG:21; 53:17 strike 9:19; 2221; TMJ 33:7, II; 3,1:11
reask 30: 10 22:-1; 2~:2,1; 2\:1; seml.sldeways 52:1 sort 27:21 -19:11; 52:2.1; \320 todsy 13:3; 15:1G;
reason 4:17; 18:11; 27:22; 29:10; 30:13; seperatal2:11 sounded .17:.1 strip 52:7,9 25:12; 28:20; 4,1:2-1;
~0:2-I;4-1:20 5-1:23 several 8:.1; 19: 12, South 37:2,1; 39;.1, G, structure 29:3 50:17; 51:2, 5; 53:22
teesons 3G:5 relurn 35:12 12; 35:22 11,19; ,10:10, 25; studies 8.7 together 20:3
recellt 5:20; 17:8,9, returned 35:'" severa 20:IG ,11 :1,12,23; ,12:2, 22: SUbconsciously told 24:t2; 31:10
J2,20j 16:1,-1.5.12, returnIng 14:17 sevared 31:11 43:2; 51:18; 52:20 33:G took9:t5;47:7,19
1-1, t5, 25: 22:21,22; rIght 4:7; 8:11; 9:10; severely 14:22; 15:8 southbound 39:14; Suburban -18:11, 12 top 30:5; 32:6
35:1-1,18; 38:21; 10:2; 12:2; 1.f:18; sewed 20:3 '12:23; ".1:-1; ,15:15; Suburben.type -18:2 torn 20:3; 21:16
39:13; 4 1:1.f, 2-1, 25; 17:1; 18:9; 21:12; 4G:22; 52:12 suHer 22:3,6 Township 3:14
-12:13;43:1,3,4; 25:21; 2G:20, 21; ahake,l:IO southerly 37:23; suHered 5-1:2\
45:8,9; 49:tO, 11; 29:19; 32:15; 3.1:18; Sheperdstown 38:8 suHerlng 26:3 Iractor 43:14;47:14;
53:4,20 35:22; 37:1G, IG, 30:17 speak 32:5; 43:211 53:2~
receipt 4:13 '13:IG, 23; 4.1:2;'IG:6; shin 20:11;27:17, speeklng 55:2 sunglasses ~1:8 lraHlc 39:7;41:24,
receive 12:14,23; 47:12; 48:8, 9,10; 19;5-1:"',16,17 sunllght2~:7,6 25; 42:23; 44:5;
32:22 49:15; 50:9; 51:1.1; Shindler 9:1 5; 10:.1, specialists 22:18; SUppose 31:16 45:15;46:19,24;
53:7 23:'1, 5; 2~:1 I '18:23
received 3:21; rlght.hend 39: 15, 7,10,12,17,21 specific 25:19; 38:13 sure 12:13; 16:7; treller H:14; 53:2-1
14:12; 22:12; 32:17 shock 27:10; 29A 23:17; 48:11; 50:18
recognized 17:5 20; '10:1G; 41:19, 21; shoulder 20A, 5; specltlcelly 38:21; surgery 20:21;34:5, troller-type 47:14
recollection 17:15; 43:8,15,18; 46:3, 9, 39:24; 47:23; 48:18; G trenscrlblng 4:-1
13,18,22;48:23; 27:12, 1.f;\of:8, 11, 49:5
38:13; 49:13, 22; 52:15,19 16 speech 15:1, 1.f, 22 susteln 11:12 trenscrlpt3:4;4:5,
51:18 ripped -I9:IG shoulders 28:8 speed 39:20,2,1; sustained 3:20; 13
recollectlona 50:G Road 5:3; 36:7: shown 3-1:19 -10:2,3 11:11; 12:9; I~:IO; transported 18:3,
recommend 3-1:6 45:18:4G:9,13; sick 13:13, IG 19:8; 35:22, 2.1 10,13; 23:1
record 4:22;8:20; 50:21; 51:20; 5N; side 20:25;21:3, 21; spent 13:5 sutures 27:12.17 trauma 29:2
18:18,19; 30:1: 3~:19 53:2 43:22;-IG:13; 48:6; spoke 15:2 suturing 20:8,12 traume.type 20:16
records 31:1, 2; 35:8 room 18:G 49:15 spokon 50:19;51:2, swelling 27:9 travel 32:7: 34:2, II;
red 21:19, 2t roughhouBlng 3G:.I side-vIew 49:7 5 sworn 3:9 39:t3:4G:tO, 14;
reler 22:7: 33:7 roughly 21 :20 sldeburn 21:21 sporting 31:15 52:19; 53:25
relerred 29:20 Route 36:21, 2,1; sides .15:17;46:9; spouse 35:25 T traveling 39:21;
relerrlng 32:9 37:22; 38:2, 5, 7; 51:20 squeol45:9 ' ,11:3; 46:21
relationship 35:25; 39:'1, G, 10, II, 19: sideways 52: I squealing 49:22 T.R.W9:2,21 treated 29:10
3G:2 -10:10,25;41:1,12; siding 7:22 sterlng 43:13 talk'(:18 treatment 3:21;
relaxing 31:1,. 12:3,22: 43:2; HI; slmllor47:17 stort 7:8; 9:20, 21; talking 21:5; 22,1 20:20; 22:12; 29:11;
51:18; 52:20 10:17; 11:3;23:1-1; 32:17,22
remeln 42:10; 53:1-1 Ryder 51:6 sit 25:12;28:22; 47:1,1 tendom 2G:6 trlaI3:G; 44:21
remedied 3-1:3 43:17;4G:17; 53:22 storte" 7:9: 11:,1; technology 6 2j trip 18:14; 37:7
remember 8: 12; S silting 31:3 29:17; 31:2,1; .II:IR teeth 29:18; 321. I, trouble 2G:1I
12:G; 18:6, 10,20: six 1;:21 stote '1:22; 6:23,2;; G,6, 19: 336
30,8,22; 31 :3; 35:6, slx.month IG:2 truck.f3:4,19;...I:I,
20; '10:22; 45:25; folary 12:20,21,2.1 7:8; 81,23; 2223; Temper 10.22. 11:1 16; ,15:2, 20, 2,.;
'18;.1,21; 49:5, 7, 19; sorno 10:1;38:21; slle 1.1:18 '1,1:9 ton 6:16 ,IG:I-I;-I7:15;.(8:1;
51:13; 52:2; 53:19; '12:8,9; 43:7, 9 slles 1.1:15 stoted 49: 13 lermlnology Ie 7; 51:G
51:5 sendwlches 3-1:15 skid 41:7 stOY'12:7 19:G trucks 47:12,13,17
r~nder 17: 13 sot 48:2,1; 49:1 skidding '.5:8 steel21:2 terms 42:1-1 True 10:22,25
repetitive 51:9 saw 2~:17; 29:13; skin 20:22, 21; 21:1 slep 23:9 testified 3:9 try 3:21
rephrase 3:25 35:3;4-1:1;-16:2; sleep 32:21;33:1; stick 17:1 testimony 36 trying 16:11; 33:G
report 11:18;35:8. 47:23; 49:1-1; 50.2 35:1 sticks 18:11 Ihelr's 2-1:11 turn 29:20; 38:18,18
12 .oylng 17:IG;38:20; smo1l7:21 stiffness 2017; Iherefore -IS turned 38:2.(
reporter 4:3,10; 9:25 4-1:22; 49:4 smash 3,1:IG 27:25; 28:7, 2.\; 297 lhey're 26:7 twice 2-1:16
rain - twice l\Iin.U.Script1!!
.~,.''''...,
,'.. ,..
~ ~
COMMONWEAL TH OF PENNSYLVANIA
POLICE ACCIDENT REPORT
(~)nEFEA TO OVERLAY 5ItE(TS . . flEPonlADlE Lll"OI' R'PonTAOLE 0226-1892
....~.. PEtlNDOT USE OIlL V
--
POLICE INFORMATION ACCIDENT LOCATION I
,
I. INCIOErH ~o CO~tIT;b d 21 CODE I
NUMBER 94-638 um erlan
2 AOEtlCV 21 MUtllCIPAllTv 104 CODE
NAME UDDor Allon Township Polico D.pt. Upper Allon Twp,
3 STATIOW .. 14 PATROL PRINCIPAL ROADWA Y INFORMA TION
PREC"'CT ZOIlE
5 "NESTlO'M~R S. McLoughlin /flV'1J DADOE 236 :!:! ROUTE 1'10 OR U. S, Route 15
NUMBeR STREET NAME
B, APPROVED DV DADOE :!J SPEED 55 ~TYPE ~~CCESS
UUMDER LIMIT HIQH',',:'Y , COflTROL 7
7.ltlVESTIOATIOtl 02-21-94 I e. ARRIVAL 1131 hrs. INTERSECTING ROAD:
DATE TIME I
ACCIDENT INFORMATION 2B, ROUTE 110 OR ,
STAEET tlAME
9, ACCIDEr;T n7_71_94 10, DAV OF WEEK 27, SPEED r~~YPE ~~CCESS
DATE Mondov LIMIT HIGHW,\Y COtlTROL ,
11, TIME OF hrs. 12, NUMDER 21 IF NOT A T INTERSECTION: !
DAV 1131 OF UNITS
13<1 KILLED I" · ~'4"RED 15, PRIV, PROP, vO I,Ql 30 CROSS STREET OR Hill Rd, I
ACCIDEtlT SEOMEtIT MARKER I
'B DID VEHICLE HAVE TO 8E REMOVED 7, VEHICLE DAMAOE 31,DIRECTlOII N"s,E W 112 DISTAtlCE 1/2 MI
FROM TH: SCEfIE' O,tlOtlE UNIT I D FROM SITE FROM SITE FT. I
UtllT 1 UllIT2 1,L10HT 33. OISTAtlCE WAS 0 IKI I
2, MODERATE D MEASU::l50 ESTIMATED
yO tlO vO tlO 3,SEVERE L,tlIT 2 iVCOtlSTRUCTlOtl GJ r1.VT~.'FIC PRINCIPAL INTERSECTINO i
ZOtlE CO'ITROL [JJ Df
18 HAZARDOUS vO tl0 9. PElltlDOT vO Ill]] OEl/tCe
MATERIALS PROPERTY
UNIT 111 UNIT 112 I
3B, LEOALL V Y Nd 37, REO, 118 STATE 38. LEOALLV V Nil 37, REO 11BSTATE !
PARKED? 00 PLATE EZW BBl PA PARKED? 00 PLATE C28286C PA
39, PA TITLE OR 37128780 39. PA TITLE OR J828L1456BB259977
OUT,OF,STATE VIN OUT.OF,STATE VIN
40, OWtlER Lois G. Tress 40. OWNER Kuhn Brothars!Cross Keys Truck Stop,
41. OWNER 29 Scarsdale Drive 41. OWNER 6115 York Road
ADDRESS ADDRESS
42, CITY. STATE 17011 '2. CITv, STATE New Oxford,
& ZIPCODE Camp Hill, PA & ZIPCODE PA
43. YEAR IC4, MAKE '3, VE,$R 140&. MAKE
1985 Plymouth 1 81 Chevrolet
~i::DEL 'INOT 146. INS 45. MODEL .(NOT 146. INS
BODV nPE, Horizon vD$ uO UNKO BODV TVPEI S-lO LUV v!il uO UNKO
!:Sl,DODV Fe'~PECIAL ~YEHICLE '~~OOy 50 ~~PECI:'\. ~IVEHICLE
TYPE 03 USAOE 0 OWNERSHIP 2 TVPE USAGE 0 OWNERSHIP 2
~:NITIAL IMPACT ~~EHICLE ~;RAVEl t~~NITIAL IMPACT ~;'EH:=LE ~TRAVEL
POINT 6 STATUS 0 SPEED 00 POINT 5 STATUS 0 SPEED 99
eJ~EHICLE ~?RIVER ~ ~~RIVER I~~EHICLE ~~rm-E;; r1I ~~RIVER
GRADIENT 1 PRESENCE 1 CQNOlTlml 1 GRADIENT 1 PREsp:ce 1 CONDITION 1
56. DRIVER 15~iTATE 56. DRiVER 1&7p~TATE
NUMBER 17 551 40B NUMBER 12 229 3~8
58 DRIVER 5B DRIVER
NAME Charles A. Tress tMME Paul Robinson
59 DRIVER 79 scarndole Drive 59. DRiVER #2,
ADDRESS ADDRES5 RD Box 2239
60. CITV, STATE Camp Hill, PA 17011 60. CITY, STATE Spring Grove, PA 17362
& ZIPCODE & ZIPCODE
61 Sir 162 DATE OF 6%'lO!\f6B9 61 1.fX 152~~~~OFOl_16_~4 6229~2'666
DIRTH 10-10-31
64. CQMf.! VEH 65 DRIVER 166_ DRIVER 6-\ COI"l\~ VEH 165 DRIVER !5 DRIVER
VO NO CLA5S S S' YO NO CLASS S S.
67. CARRIER 67. CARRIER
68, CARRIER 6a CARRIER
ADDRE55 ADDRESS
69 CITV, STATE 69 CITY. STATE
& ZIPCODE & ZIPCDDE
70. USOOT . Ice, rue. 70. USOOl . Ice. rue.
CARGO !.:)VEH -
~;'Etl I~ 74, Gvwn ~CARGO 7-& GVWA
CONFIG OOY nPE COf~FIG ooy npt
75 ,~o OF ~tl"ZAnoOus 11 REl(jSE o'i"H;ij-,.I:'T 7~ NO OF ~HAZ:';;D2''JS 77. RE'6"SE Ei HAl MAt
AXLES MATEFHAlS " 110 UI"O AXLES MA.TERIJ,~S V " UI'KC
AA.olS 111021
PAGE -1.-
Orl.7'j ,-..' '1
C~ I .~, '-,I ,I. '.'
CErHEn FOR HIGHWAY S,\FE:T",
6;')REFEA TO OVEnLAY SHEETS ,4. .;. neponTAUL[ o II0ll.REPOnTAOLE D.;?;:l,Io'\~~ PEWIOCJT USE ONLY
',.~..,
POLICE INFORMATION ACCIDENT LOCATION I
,. IflCIDENT - 20 coutgv COCE
NUMBER 94-630 Cum orlond 21
2 AOE~ICY Jpp. Townshin Polico Dept. 21 '~~~~"IALITY Two, COCE
NAME U or Allen U or Allon 104
-
3. STATlOlll 14 PATROL PRINCIPAL ROADWA Y INFORMA TION I
PRECINCT ZOtIE
5.INVE5T1GATOR BACGE 22 ROUTE NO OR I
M. S. McLaunhlin "UMBER 2300 STReeT flAME I
8 APPROVEC 8Y BACGE 2J 5PEEC ~~VPE r~~CCESS I
f1UMBER LIMIT IlIGH'liAY COIITROL
7.INVESTIOATIOII TB ARRIVAL INTERSECTING ROAD: I
CATE 02-21-94 TIME
ACCIDENT INFORMATION 25 ROUTE NO OR
STREET NAME
P. ACCICENT '0 CAY OF WEEK 27. 5PEED ~;YPE ~tCCE5S
OATE LIMIT HIGH'......Y COlnROL
11. TIME OF 12. tlUMBER IF NOT A T INTERSECTION: I
OAY OF UNITS
13 " KILLED 114. , INJURED 15.PRIV PROP. yO NO 30 CROSS STREET OR !
ACCIDE~lT SEOMEIIT MARKER
16 DID VEH!CLE HAVE TO BE REMOVED r "".,, ~"" 31. DIRECTION N S E W 132 CISTANCE
FRCM THE SCENE? o. t~ONE u~m , D FROM SITE FROM 51TE FT. Ml.
UNIT I UNIT 2 1.L1GHT 33. OISTANCE WAS 0 0
2, MOCERATE D MEASUFEO ESTIMATEO
yO NO vOND 3. SEVERE WHT 2 I~~ONSTRUCTION D ~!:f;"AFFIC PRINCIPAL INTERSECTING
ZOllE CONTROL D D
1 P HAZARCOUS vO NO r9 PENNCOT yO liD CEVICE
MATERIALS PROPERTY
UNIT # J UNIT IiJa< (4 ) I
36. LEGALLY Y N1I37, REO. PJ2 002 IJ'ofi\:A!E 36. LEGALLY Y ~'i 137. REO. LH4136 136 SYcE
PARKEO? 00 PLATE PARKEC? 00 PLATE
39. PA TITLE OR 2FUYDSEBOLU347423 39. PA TITLE OR lXP6A27X3KD602312
OUT.OF.STATE VitI OUT.OF,STATE VIN
40. OWNER XTL Transport Inc, ~ 40. OWNER Ryder Truck Rental Inc,
41. OWNER Lot 1 Concession 1 41. OWNER 217 Atwell Ave. P.O. Box 16007 I
AOCRESS ACCRESS
42. CITY. STATE Ontario KOC1AO 42. CITY. STATE Greenaboro, 27406 I
& ZIPCOCE Alexandria, & ZIPCOCE MC
43, YEAR 144, MAKE Freightliner 4J'W~9 144 MAKE Peterbuilt I
1990
45. MOOEL 'INOT 145 INS 45, f.l0DEL .(NOT 146 '~SKI I
BOOY TYPE, Conventional yfj! NO UIIKO BOCY TYPE' Conventional NO UNKO
~~ODY ~~PEC1AL ~~EHICLE ~~OOY ~~peCI':'L fel~EHICLE ,
,
TVPE 75 USAOE 5 OWNERSHIP 1 TYPE 75 USAGE 6 OWNER5HIP 2 ,
~~NITlALIMPACT ~YEHICLE ~:RAVEL ~:N1T1AL IMPACT ~EHIClE ~JRAVEL
POINT 12 STATUS 0 SPEEC 99 POINT 12 STATUS 0 SPEEC 99
~~EHICLE 1 R9?RIVER iii eJ~RIVER 1 (;)~EHICLE 1 I~?R'VER III ~~RIVER 1
ORACIENT PRESEtlCE 1 CONDITION ORAClE NT PRESE'lCE CONCITION -
56. ORIVER G250214123407 156 5TiiTE 56 ORIVER 2107602 I~CTATE
~lUM8ER uc ec NUMBER
5' ORIVER Roger C. Gescon 56 ORIVER Lawrence 1. Watson
NAME NAME
59 DRIVER 79 progresa Blvd, ~9. DAlVen 1735 1st Street
ADORESS ACCRESS
60. CITV, STATE Pointe Gatineau, Queboc JBT2Cl 50. CITY, STATE Aaheborn,I:C
& ZIPCODE & ZIPCOCE 27203
61. SE~ 162CATEOF 12-14-34 ~19~%'1fa-7702 61. ~rx 162 DATE OF 02-23-45 63. PHONE I
81RTH DIRTH
64. COMM \'E~.16S DRiveR 166 DRIvER 6-1 COMM VEtt 16~. QRIVER IE6.0RIVER
YlO II 0 CLASS A2 S S . vO liD CLAS5 I SS'
67 CARRIER 67. CArlRlER !
XTL Transnort Ine Caraway NanufactureFurniture ,
66 CARRIER G8. CARnlER I
ACCRE5S Lot 1 Con Kenvon ACCRES5 lIiqhwav 311, Box 459
69. CITY. STATE aleYand~ia nnt-.~. 69, CITY. STATE S..2nhi n ",. ",on I
& ZIPCOCE KQill\Q & Z,PCOCE
70 USOOT . Ice .. pue" 70_ U500T . pCC' IPUC, I
1'0~EH '" 1{3, CARGO , 74 (iVWA '8~Etl 1~~AAGO 1-1 (iVWR I
CONFlO OCY TYPE _EllL.oDO___ CONFIG ti_ ODY TYP:: 2 an nnn
15 rJO. OF I~ HAZARDOUS 11 AElCjSE ~H'\;; t,U,T 75tm.OF ~~iA.ZAMCO..S _177. RE'QASE EJ HAZ M5 I
AXLE5 , MATERIALS nn Y II' U'" 0 AXLES , MATERI':'lS 00 Y N UNK, .
".......
:'fT-"j\
,WI
COMMONWEAL TH OF PENNSYL ~ANIA
POLICE ACCIDENT REPORT
A",45 111921
P-'OE -Ol-
J" .-'., ), . ~ . ':\
'-1 I ',J., _'_ .
CEIITER FOR HIOHII'.\\' SI.FEn
(jO() REfER TOOVERlAY S"EET5 ,.......,.. REI'ORIMlE (]J /ION IIEI'OAlAnlE 0 22.10 - '~"l b rEM..oOTuseONl't
1~1)l.~N,,1 I ACCIOl/l1 ICOUtHV 21 I MUNICn)AL 104 -
94-630 02-21-94
NlJ~ OAIE ~OOF rooDr
[~ERSON INFORIIATION, USE OVelllAY' 2 S"ElI fOR COllliS
BCOEFGNA",e AoonESS " I J K l '"
.'
B7, NARRATIVE.
: accident
: Investigation roveals th1ailoccurred duo to weather. roadway and Operators driving too
~~st: and/o~ . , , .
too closo together tor existing conditions, :
: : 'Ohi~ accident report contains all evailable information to date however I 'Wri tar did.
n;'~ i inu' all ODerators and occuDants due to the natura of the accident.
: 'Oh;' F j ,.n;' h~rmful event was not established. .
: -c , :
. ,
,
,
: : .
: : :
. : :
:
,
: : ,
:
,
, . ,
: . .
-
:
,
, :
'-". 89. OESCRIOE VIOLATIONS 00 SECTION flUMUEflS IOtR V IF C.lM1GEO) IC mc
" "~
UNIT I 0 0
-- -
UNIT 2 QJL
~,ROn^Ull _~~~PC 9F0Cjs VlfOjl^Tll[E~=r5'ESUll5 0 NO IEsl
-;t ' USE TEsl o NO TEsl 9' I"VE5T1GATIOtl
UNIII o 0 0 liEf USE use 1 Eo r 0 R,fUSE COMPLETE 1
,__Yo 0 UllK UNIT 2 0,__0/, [J UNK YE5 0 /10 0
-----
~
COMMONWEAL TH OF PENNSYL VIlNIA
PAR CONTINUA TION SHEET
M..SC WJ21
"AGE. -5'"-.
: ~ ;' i .; .' '
.::' ",:i
".'~
(91
fXXl REFER TO OVERLAY SHEETS
INCIDENT
Nw"nFR 94-630
COMMONWEAL TH OF PENNSYL ~. IIA
PAR CONTINUATION SHEET
mI NOIj.J1(POnTAOlE 0 22Cc .\~oO PEN>ilOTUSEOI<lY
02-21-9'1 f~~~ 21 1MU~~g':l 104
UNIT N 10 ,
REPonTADlE
I A~~i~EIIT
UNIU 17
~~.lEGALlY Y N-T~7. nEG. 'EI"6539
PARKEG? 001 PLA TE n'
~9 PA TITlE on
OUT.OF.STATE VIN 3%8020.004
40. OWNER
Robert J. Comrey
3a LEGALLY Y uTJ7. Rea.
PAnKED? 001 PLATE
~g PA TITLE on
OUT.OF.STATE VI"
40 ovmER
~165731
35504064502
13aSWE
13a 'TATE
Arthur Klemel
41. OWNER Dox 673 41.0WNen RT 1 Dox 360
ADDRESS P. o. ADDRESS
'2. CITY. STATE New Cumberland, PA 17070 '2. CITY. STATE Dl11sburg, PA 17019
& ZIPCODE & ZIPCODE
U YEAR I..... MAKE Volkswagen 43. YEAR 63 -r 44, MAKE Pontiac
64
'5. MODEL . (NOr 1'61~SIID 4!l. MOOEl. .(NOT loa. INS
BODY TYPEI Rabblt NO 01'" 0 DODY TYPEI Y~ NO UNKO
~BODY ~SPECIAl ~VEHICLE ~DODY ~~PECIAL ~YEHIClE 1 ,
TYPE 2 USAGE 0 owr~ERSHtP 1 TYPE 4 U::Aoe 0 OWNERSHIP i
~~NITI.\lIMPACT ~~EHIClE <!9TRAVEL I~INITIAL 1MPAST ~VEHIClE 0 ~TRAVEl 35 I
POINT 6 STATUS 0 SPEED 99 POINT 1 STATUS SPEED
~~EHICLE ~~RIVER ,I I ~,ORIVEn f~,VEHICLE ~~RIVER . b 1 ~?RIVER 1
GRADIENT 1 PRESENCE 1 CONDITION 1 aRAOIE~H 1 PRESENCE 1 CONDITION .
5a DRIVER 157. STATE 5a. DRIVER 06 714 I&?' V~TE i
NUMBER 17 094 660 PA NUMBER 455
5a. DRIVER Robert J. Comrey 5a DRIVER Arthur KltllClel I
NAME NAME
59. DRIVER 673 59. DRIVER RT I, Eox 360 I
ADDRESS P. O. Dox ADDRESS ,
,
60. CITY. STATE New Cumberland, 17070 eo. CITY, STATE D1l1aburg, PA 17019 I
& ZIPCODE PA & ZIPCODE I
ai, SE~I a2. DATE OF 63. PHOUE 61. ~fX 162 DATE OF 06-15-27 63, PHONE I
BIRTH 01-16-57 BIRTH
.. .';.. ...,:.. UNIT.N20
13a. :\tA, TE 36. LEGAllY Y NT~7, REG. PX.'I 377
I ",\ PARKED? 001 PLATE
39. PA TITLE OR
OUT.OF.STATE WI
'0. OWNER
George H. Jr. & Suaan M. Heffner
41. OWNER
ADDRESS
'2. CITY. STATE
& ZIP CODE
43. YEAR
91
'5. MODEL .(NOT
011.0 DODY TYPE)
147 lDOOY
1 1 '-"TYPE ~O
15011r~ITlAL IMPACT
00 r'-"POINT 12
1 113lvDIIClE 1
r......:.; GRADIENT
56.0RIVEn
NUMDER
58. DRIVER
NAME
5'3 DRIVER
AnDRESS
EO CITY. STATE
& ZIPCODE Pottovllle, PA
61 SEX 162 DATE OF
N BIRTIl 11-30-50
31. LEGAllY Y tl 137. REG.
PARKED? 001 PLATE
39. PA TITLE OR
OUT.DF.STATE VIN
00. OWNER
UNIT 1/19
P42 739
46485954501
01. OWNER
ADDRESS
'2, CITY. STATE
& ZIP CODE
'3. YEAR
93
05. MODEL. (NOT
BODY TYPE)
{<1)BODY
'-"TYPE 2
r,QIiNITIAllMPACT
'CIpOINT 6
~~ lVEHIClE 1
- GRADIEtlT
56. DAIVER
NUMBER
18 DRIVER
NAME
59. DRIVER
ADDRESS
10 CITY, STATE
& ZIP CODE Mechanlcaburg, P,\
6" SEX 162. DATE OF
N DIRTIl 12-29-51
INSURANCe COMPANY
Ir~FORMATIOtl
UNIT
17
Victoria A. Stover
913 lIawthorn Avenue
Mechanicaburg, PA
~4. MAKE
I Ford
17055
I~a pi,\ATE
I
I
J
I
I
I
I
Taurua
'4a)SPECIAl
"'" USAGE 0
'511VEHICLE
'-'STATUS 0
~5.lDAlVER I
1'-" PRESENCE I
146. INS
vUJ NO
:'8WEHICLE
'-" OWNERSHIP
:52.1TAAVEL
. '-" SPEED
1 '55lDRIVEA
1 '-" CmIOITID'1
157, STATEp,\
43821901301
1017 Ridgeview Dr.
OrwlgsbJrg, PA
-'44. MAKE
10 320 037
Dodge
T06. I~h NO
~'9WEHIClE
1'-" OWNERSHIP
~52)TRAVEl
I""" SPEED
l '55)ORIVER
l'CIi:ONDITION
117, STATE PA
19 322 313
Vlctoria Ann Stover
913 Hawthorn Avenue
17055
&3 Pt\Otj~
76u-8935
Mountaln Laurel
INSURM:C(
INFORt..M T1m4
'fliT
Caravan
'41)SPECIAl
"'" USAGE
:!:!y~EH1CLE
STATUS 0
k" lDRIVER 11
I'-"PRESENCE
o
UNKO
1
POLICY
NO
07022631
99
1
George H. Heffner, Jr.
2154 Hoodglen Road
17901
63it6'!:2424
CQMPAUV
Natlonwlde ~Iutual
POLICY
110
5837006959
- ---
IIISUAANCE
II/FORMATION
UN~9
M"SC (1192)
COMPANY
Erie Ina.
INSUIlMICE
IIIFORMA TlO"
"YB'
POLICY
NO
Q06 190504311
COMPA"Y
, I
Prudentlal Inn.
POLICY
NO
284A467960
P^GE. _'1-_
CENTER FOU HIUUW 'i)~rt:.11
t!n,
~
COMMONWEAL TH OF PENNSYL. ,vIA
PAR CONTINUA TION SHEET
(xX) REFER TO OVERLAY Slt:ETS tI.,. ,.t!' REroRTAOLE [}l NON.AEPOIlTADlE 0 22.<a - 1'105 "'~OIlOTUSEOl.\Y
INCIDENT 94-638 I AcelOEIH 02-21-94 f~~~ 21 I MUNICIPAL 10.\
WJMDFR nAT" CnOF
, UNIT N 21 UNIT N
3B.lEGAllY Y NiI~7, REG 1:J8 STATE 30 lEGALLY Y NJ137. REG I~BSTATE
PARKED? 0 0 PLATE YP00332 PA PARKED? 00 Pu. TE
39. PA TITLE OR 39. PA TITlE OR
OUT-oF.STATE VIN 4j9007~:JOl OUT.OF.STATE VIN
00. OWNER DouglllG D. & Bennlo J. Flynn 40. OWNeR
41. OWNER 261 Smlth Road 41. OWNER
ADDRESS ADDRESS
'2. CITY. STATE Gettysburg, PA 17325 '2. CITY. STATE
& ZIPCODE & ZIPCODE
03. YEAR ,..... MAKE .~. YEAR IoU. MAKE
91 Tovota
'5. MODEL. (NOT '46. INS ". MODEL .(NOT '6. INS
BODY TYPEI Pickup SR 5 y(lg NO UNKO BODY TYPEI yO NO UNKO
\V~OOY ~~PECIAL ~~EHIClE 1 ~~ODY ~~PECIAl II.!J~EHICLE I
TYPE 50 USAGE 0 OWNERSHIP TYPE USAGE OWNERSHIP
~~mIAlIMPA%T ~~EHICLE ~~RAVEl 99 ;~:NITlAlIMPACT ~~EHIClE ~~RAVEL I
POINT STATUS 0 SPEED POINT STATUS SPEED
~~EHIClE ~~RIVER d 1 I f&~RIVER ~~EHICLE ~~R1VER I ~~RIVER I
GRADIENT 1 PRESENCE CONDITION 1 ORAOIHJT PRESWCE I CONOITlON
96. DRIVER 15? STAb~ 5B. DRIVER 157. STATE I
NUMBER 16 135 136 NUMBER
58. DRIVER 58. DRIVER I
NAME Bennie Flynn NAME
58, DRIVER 50. DRIVER I
ADDRESS 261 Smith Road ADDRESS
BO. CITY. STATE 60. CITY. STATE I
& ZIPCODE Gettysburq PA 17325 & ZIPCODE
61. SEX B2, DATE OF 93. PHONE Bl. SEX 162. DATE OF 6~. PHONE I
F BIRTfl 08-22-53 BIRTH
..
UNIT N UNIT /I
~6. LEGAllY Y Nil 37, REG. I:lB. STATE 30. LEGALLY Y Nil ~7, REG. 136. STATE I
PARKED? 00 PLATE PARKED? 00 PLATE
39, PA TITLE OR 39. PA TITLE OR .!
OUT.OF.STATE VIti OUT.OF.STATE VIti
'0. OWNER 40. OWNER
01. OWNER ", OWNER I
ADDRESS ADDRESS
'2. CITY. STATE 42. CITY. STATE I
8 ZIPCODE & ZIPCODE
'3. YEAR 144. MAKE '3. YEAR 144. MAKE
os. MODEL. (NOT 1'8.I~b NO UNKO 45. MODEL -INOT 1'81~b NO UNKD
BODY TYPEI DODY TYPEI
(V~ODY ~~PECIAl ~~EHICLE I~~ODY ~~PECIAl ~~EHICLE
TYPE USAGE OWNERSHIP TYPE USAGE OWNERSHIP
~~NITIAlIMPACT (,!)~EHICLE ~~RAVEl I~:NITIAL IMPACT ~YEH1CLE ~~RAVEL
POINT STATUS SPEED POINT STATUS SPEED
~~EHIClE ~~RIVER d I f&~RIVER ~~EHIClE ~~R1VER I I ~~RIVER
GRADIENT PRESENCE CONQITlar, ORAOIEtlT PRESENCE CCNDITIO~'
~6. DRIVER 157. STATE !6. ORIVER 167. STATE
NUMBER NUMBER
68. ORIVER 58. DRiVER
NAME NAME
59. ORIVER 59 DRIVER
ADDRESS ADORESS
60. CITY, STATE EO. CITY, STATE
& ZIPCOOE & ZIPCODE
61 SEX 82. DA TE OF 63 p~lorjE 61. SEX 162. DATE Of 63 PHONE
DIRTH DrRTH
INSURMICE COMPANY Erie Ins. Jr~SUAAr~CE COMPAt,y
INFORMATION INFon,.lA Tim,
UN~T, POLICY Q0510037481l UNIT POLICY
1m N
o
-- ---
INSURANCE COMPANY
INFORMATIOfl
UNIT POLICY
110
M-'SCI1i'J2)
INSURAP~CE COMPANY
INFon~M Tlor~
WIlT POLICY
110
rAGE: .-!-O..
CEflTEn FOil t1IUHV/,oI 0:.'" 101 I
m
COMMONWEAL TH OF PENNSYL I,Iru JIA
PAR CONTINUA TION SHEET
(xX) REFER TOOVERLAY SHEETS .~..~. REPOnTAOLE IX] nOlI REPOATAOlE 0 l2 b -1'1 O.b PEN~oorUSEO"'lY
INCIDENT I ACCIDENT ICamTY I MUNICIP^l -
NlJMnen 94-636 nATF 02-21-94 COOF 21 conr, 104
~ERSON INFORMATIOn. USE OVERLAY' 2 SHEET FOR CODES
OCDEFGN^ME ^DDnESS H I J K l M
1 1 M 6, 3 . 0 Operator Hi, 29 Scarsdale Dr., Camp Hill, PA 0 0 0 B 0 0
,
2 1 M 4C 3 1 0 Operator H2, RD 2, Box 2239, Spring Grove, PA 0 0 0 D 0 0
3 1 ~I 59 0 H3, ~uebec
2 1 Operator 79 Progress BOWl, Pointe Gat neau, 0 0 0 B 0 0
4 1 M 49 2 1 0 Operator H4, 1735 1st St., Asheborn, NC 0 0 0 B 0 0
5 1 M 36 3 9 0 Operator "5, 38 Junction Rd., Dillsburg, PA 2 97 1/2 A 6 1
6 1 F 21 3 9 0 Ooerator "6, 1023 Libertv St. Trenton. MJ 3 9 9 B 0 1
7 1 F 23 3 9 0 Ooerator "7, 336 Judy Dr. ,Apt 43, Newoort Ne.....s VA 9 99 99 C 9 1
7 9 F 27 3 9 0 Lori A. Walck. same as Opera tor H7 9 99 99 C 9 1
B 1 M 39 3 1 0 Onerator H6 641 Lvnes Rd. D1l1sbura PA 0 0 0 6 9 0
B 3 F 99 3 1 0 Valerie A. Kerstetter. same as Ooerator H8 0 0 0 B 9 0
9 1 M 23 3 1 0 Operator H9, 332A Main St. , McSherrystolffi, PA 0 0 0 B 9 0
9 3 F 24 3 1 0 Mona L. Yealy, BBme as Operator H9 0 0 0 B 9 0 I
9 4 M 5 4 1 0 Eric M. Yealy, same as Operator "9 0 0 0 B 9 0 I
,
9 6 F 2 4 1 0 Jessee Yealy, same as Operator H9 0 0 0 B 9 0
10 1 M 66 9 9 9 Operator HiO, 1950 Cranberry Rd, York Sprlngs,PA 9 99 99 N 9 9 I
,
10 9 F 66 9 9 9 Betty Leader, same as Operator H 10 9 99 99 N 9 9
11 1 F 30 3 9 9 Operator Hl1, 360 Mt. Zion Rd., D1l1sburg, Pr, 9 99 99 N 9 9
11 6 F 72 3 9 9 Josephine Piccini, 1260 Old Mtn. Rd, Dill.burc PA 9 99 99 N 9 9
11 4 F 69 3 9 9 Alvira Piccini, same as above 9 99 99 N 9 9
12 1 M 34 3 9 9 Ooera tor H12 70546 Afternoon Ln Phlla. PA 9 99 99 N 9 9
13 1 M 45 3 9 9 Onerator H13 9403 Glade Ave. Halkersv i lle :':D 4 7 2 6 0 0
13 3 F 4E 3 9 9 Marilvn K. Kochevar Same as Ooerator H13 9 99 99 N 9 9
PA 9 99 99 N 9 9
14 1 M 55 3 9 9 Robert M. Dutcher 251 Los t Hollow Rd Dl11sbura
15 1 M 41 3 1 0 Operator H15, 1007 Pelican Dr., New Bern, MC 4 99 4 B 0 0
16 1 F 3~ 3 1 0 Operator 1116, 1107 Grandlaflora Dr. J Mech. , P;' 0 0 0 N 0 0
16 5 M 6 3 1 0 Steven Duccifferro, samo aD Operator H16 0 0 0 N 0 0
17 1 M 3" 3 1 0 Operator H17, P.O.Box 673, New CUClberland, P' 0 0 0 N 0 0
.n
16 1 M 6E 3 1 0 Operator H1B, HT 1, Box 360, Dillsburg, PA 0 0 0 N 0 0
10 3 F 31 3 1 0 Kathryn Lehman, same as Operator U6 0 0 0 M 0 0
lB 4 ..!.. 2 ~ 1 0 Et:lily Lehman, Dame as Operator Hi6 0 0 0 N 0 0
-
10 6 F 6' 2 1 0 Detty Kimme 1, Dame an Operator H16 0 0 0 N 0 0
. . ag OESCUIUE VIOlAlIO~jS 00 SEeIIOt. NUMUEHS (eM'" or CHMIGEO I TC NTC
I.. .
UNIT I 0 0
--- 0 0
UNIT 2
~:IO(]^Ul[ r)~l'i:-l )'lsulfs DNOlr,-;;r~r0illall^iilT ',!?DlYiiI]VESULTS DnOTEST g. INVESTlGATlO/I
USE ItSI CI nEruSE _ USE 11-51 0 ncrUSE CCI,IPLETE ?
UNIT I 0.__0100 UtIK UNIT 2 O__~~ 0 UNK YES 0 NO 0
- - -------. -------------- ._.~-_. ._----~---- ..----- -...
^^,04!lC {1I921
P.\GI 1\
CEIlTEfI Fon HIGHWAY 5AFI
~ REFER TO OVERLAY SllEETS .........,. nEPORTADlE iUI NON.REPORTABLE 0 22b-\'iol PENP4>QT USE ONLY
INCIDENT 94-630 I ~CCIDENT 02-21-94 ICOUtHY 21 I MUtlICIPAL 104
NUMOFR nATF conF conE
I~ERSON INFORMATION. USE OVERLAY' 2 SllfET FOR COD€S
. DCDEFGNAME ADDnESS II I J K l M
19 1 F 42 3 1 0 Operator H'9, 913 Hawthorn Ave., Mech. , PA 0 0 0 N 0 0
.. I
20 1 M 35 3 1 0 Opera tor H2O, 2154 Woodglen Rd., pottsville, PA 0 0 0 N 0 0
,
20 6 F 34 3 1 0 Susan Heffner, nama as Operator H2O 0 0 0 N 0 0 I
20 3 F 6 3 1 0 Brittney Hoffner, same as Operator H2O 0 0 0 N 0 0
20 4 F 3m 4 1 0 ECllly Heffnor, same as Operator H2O 0 0 0 N 0 0 I
20 5 F 3 4 1 0 Danlelle Heffner, same liS Ooorator H2O 0 0 0 N 0 0 I
21 1 F 40 3 1 0 Operator H21, 261 Smith Rd., Gettysburg, PA 0 0 0 N 0 o I
21 3 M 50 3 1 0 Douqlas Flynn, same as Operator H21 0 0 0 N 0 0
I
I
I
I
I
i
I
..
-
- - - - -
. .', 8!) OEscnmE VIOI.ATlot~5 00 SEctiON tlUMOEIlS ((t,Ll( IF CHAUGEO I TO mc
UNIT I 0 0
--- 0 0
UNIT 2
~)ROUAUl( ~;VPE ~_)'ES'JITS DtKllEST ~9"fu!lAIlL[-r.D'rYl'rJ~fESUUS DNOTEST O' "NESTIGATiC!,
, USE TEST o IlErUSE llsE IES! 0 IlHUSE COMPLETE 1
UNIT I 0.__0/0 D ur~K urm 2 O.__~~ 0 UNK YES 0 /10 C
n_ . - - ---
~
COMMONWEAL TH OF PENNSYL VhI'JIA
PAR CONTINUA TION SHEET
M..se P,gzl
PAGE I;z...
C\;UTt:n Fan HIGHWAY SA"
..J" -.............
January 2" 199(i
: .
III INOEX TO WITNESS
(21 examination by Mr. BII",owlkl. pgo 3, 58, 8 I
(3) rxamlnaUon by Mr. Burch. pg. 3 I. B9, 85
(')
ISI
IBI
(7)
Mlchacl a: Barbara LcndackJ v.
Lawrcnce Watson a: Ryder Re'otal. 8c Cataway
Paga 2 Lewy". Notes
(8)
INDEX TO EXHI61TS
GASCON MARKED
Ig)
1: Photograph 12
110)
2: Pholograph 20
Ill)
3: Pholograph 20
/121
4: Photograph 31
(13)
5: Drawing 59
/1'1
(ISI (exhibit No.. 1 thrnugh 4 Wlro ro"'lnod by coun.ol.)
118)
1111
(la,
(Ig,
(20)
(211
/221
12~)
12~)
12&)
(I) STIPULATIONS
(21 IT IS STIPULATED AND AGREED br and bctwccn
(3) counsel for the respcctivc partics that the scaUng, and
I') filing of the transcript Is walvcd and that aU obJcctions
(S) exccpt as to the form of the qucstions are rcservcd to the
(SI time of the trial.
171 ROGER GASCON,
(S) callcd upon by Dcfcndants to give tcstlmony, bclng dulr
191 sworn by me.testJfied as foUows:
(10) EXAMINATION
(II) BY MR. BIALKOWSKI:
(121 Q: Mr. GascoJ1, my name Is Z)'B DlalkowskJ; and I
1131 rcprcsent Lawrcnce Watson, Rrdcr Truck Hental, Carawa)'
114) Manufacture Furniture, and Buckhorn Carrlcrs, Inc" In a
:I~I laWSuit whlch was filed against them b)' Michael I.cndackJ and
161 Barbara I.cndackJ which arlscs Out of a motor vcltJc)e
II) accidcnt which OCCurred In Penns)'lvanla all HOUle 15 headed
18) south on Febru*r 21, 1994,
191 It's our understanding thaI a vehIcle that )'011
:01 were operating on thaI da)' was Involl'edln this accidcnt.
'I) And that Is whr wc'vc asked rou to bc hcrc loda)' so we can
!2) ask you some qucstions about rOllr recoUcction of the e\'cnts
!31 lcadlng up to thc tlmc of and Immedialel)' after lhc
'.11 accidcnt,
5/ A: TIlal'S rlltlll,
'age 2 . Page 3 lUln,U'ScrlpNJ
Page 3
Kcy Reporters (717) 764.7801
Michael lie Ilarban Lendackl v.
Lawrc,Ol:C Watson 8t Ryder Rental 8t Carllway
111 Q: II at any time during the course of my
121 questioning you do not understand a question, tell me you
131 don't understand It. Don't answer It. And I'll try to
I') rcphrase It so It Is understandable. Okay?
ISI A: Very good,
IBI Q: 11le other thing Is that many times, If not most
(7) times, you're going be able to anticipate what question I'm
IBI asking, And most people have a tendency to start their
19) answer before I finish m}' question, Please walt till I
110) fmlsh It so that the court reporter can get down both
(111 everything I say and what you say, Okay?
112) A: Correct.
11~) Q: And the last instruction I'd want to give to you
114) is that the court reporter can oniy pick up a )'es, a no, or
(IS) whatever the answer Is. If the response Is a shake of the
116) head or uh.huh, the court reporter docs not know what that
Ill) means. So please make certatn tllat all your answers are
1181 audible. Okay?
(19) A: Thank you. We'll do.
(20) Q: And then lastly, IIIr. Gascon, you have a right as
121) the person betng deposed before tltis transcript of the
1221 deposition which will be prepared by the court reporter
12~) becomes official to read and review It, to check It for
124) errors, and to make any additions or corrections or
(25) deletions which you feel are warranted.
Pigs.
111 1II0st witnesses waive that right; but If )'ou want
12) to have that opportunity, then we will make certain that a
(3) copy of the transcript is forwarded to you for that review.
(4) And even If you do waive It, we'll be still sending you a .
IS) copy of the transcript for yourself, nut I'm just saying
18) tllat If you want that opportunity, then we can do that.
(7) It's no problem,
18) A: Well, If It's - I don't mind signing It. Oka)'.
19J Let's put It this way: If It can help In an}' wa}', shape, or
110) form, I'm wllllng to do It.
Ill) Q: Okay. You're not required to,111e reason most
112) people want to do It Is because the)' may be concerned as to
11~) whether dr not the court reporter Is taking ever)'thlng down
I") accurately. And I can assure )'ou that thIs court reporter
liS) Is very accurate. So It's up to you, If you don't want to
116) do It, you don't have to, If you do, then you'll have 30
1171 da}'s to sign It and send It back.
liB) A: No problem,
119) Q: Okay. We'll send that to you then.
1201 A: Yes.Yes,
1211 MR. BIALKOWSKI: We'll have him read and sign
1221 the deposltJon.
12~1 BY MR. BIALKOWSKI:
124) Q: For tile record, IIIr, Gascon, could I have )'our
IZS) full name, please?
Key Reporters (717) 764.7801 I\lln.U.ScripNi
Pag8 5
.Roger GasCOI
January 25. 1991
tawy.,', Not.,
....-. ~.-........
January 25, 1996
. .
Mlch2el a Barbara LcndackJ v.
Lawrence Watson a Ryder Rental.& C~!lway_
,
Page e Llwyer'. Notes
(II A: Roger, R{).(j.E-R, Gascon, G-A.S.C.().N,
(2) a: And where do }'ou presently resIde, sir?
13) A: 79 Progres Dou)evard In Gatlncau, Qucbec,
(41 G.A.T.I-N-E.A.U. Do you want the postal code also?
IS) a: Sure.
16) A: ],as In]ohn,8T,as In Tom,2Cl.
171 a: And what Is your date of blrtll, sir?
16) A: 14th of December, 1934.
(91 a: And are you here today at our request to be
II G) deposed In thJs maller, sir?
Ill) A: That's right.
(12) a: And where do you presently work?
(13) A: I still work for the same company, xn
1141 Transport.
IISI a: And what Is your Jab with xn Transport?
116) A: I'm what they call an owner/operator. Uke, I
117) own the truck; tlley Own the traUer.1 pull their traUer.
1161 a: And Is that the same poslllon you held wlth XU
1191 Transport back In February of 1994?
120) A: That's right.
121) a: Okay_ Now, Mr. Gascon, on February 21, 1994,
122) did you have Occasion to be In Pennsylvania operating an
IZ31 xn - or operating YOllr tractor with an xn Transport
124) traller?
125) A: Yes,l was.
(I) a: And what time that day had }'ou started your
12) traveling, If you recall?
131 A: WeU, I pulled Into the CUstomer the night
(4) before. I was delivering first - that first appointment in
IS) the morning, whlch was 7:00.
16) a: And what CUStomer were YOll delivering to?
17) A: I was delivering at Fry Communication at 800
19) West Church Street in Mechanlcsburg, PA,
(9) a: And what were you delivering there?
(10) A: I was delivering r\llis - bill rolis of paper,
1111 a: And on that morning of February 21, 199,1, did
112) you then go to Fry Communications and make that dellverr?
(I~) A: I made the deliver)'; and I was on my way Ollt,
(14) like, out from the CUstomer getting onto Route 15,
1151 a: Okay. Where did YOll get onto ROute 15?
(III A: At tile Junction of 15 and 114.
ill) a: And what direction dId rou head on Route 15?
:11) A: I was going SOlltllbound,
'19J a: And where were rou headed?
211 A: Actualiy, I was going down to _ well, the cut
II' off at 74 to get Onto 30,
22/ a: So you were going on 15 south to get to 74 to go
2~1 onto 30?
14) A: nlat's right.
!5/ a: And where was rOllr Cl'entual destination?
?age 6 . Page 7 Min-V-Script\!>
Pago 7
li:er RepOrters (717) 764.7801
Mlcl1ael li< ilarllara Lcndacld v.
~nce ,Wa15qn &. Ryder Rental &. Caraway
III A: Actuall)', I was going JUSt on the west side of
(ZI York, PA.
I~I Q: And what was the purpose of going to that
1'1 location?
IS) A: 111at was for a pick up going back to Toronto, I
161 don't recall the name of the customer though.
111 Q: So at the time that )'ougot onto Route 15 in
16) Mechanlcsburg, was your trailer full, unloaded, or partlall)'
(91 loaded?
1101 A: It was empty, unloaded,
(111 Q: It was empt).?
1121 A: Yeah.
11~1 Q: Whell you got onto Route 15 headed in a southerly
(14) directlon-
liS) A: Um.hum.
(161 Q: - do you recall approxlmatel)' what time of the
(17) day it was?
11BI A: I know it was in the mornlng. To be honest with
(ID) }'ou, I can't say whether It was 10, 10:30.1 know it was in
(20) the morning,
1211 Q: What were the weather conditions like?
(221 A: It was - how should I put this? - It was mild
12~) that day; but it was real foggy. You could hardly see in
(241 front of you.
12S) Q: Was it raining or drlzzling at aU?
Page 8
Pag6 8
111 A: It was - well, a flne drizzling from tile dew
IZ) like they get, the fog itself.
I~I Q: Wllen you got onto Route 15 headed south, did you
(4) have }'our headlights on?
(SI A: I did.
(61 Q: Did you have }'our windshield wipers on?
[71 A: Yes, sir,
'161 Q: And when you inltlally got onto Route 15 headed
(DI south, what lane of travel dld you go into?
110) A: I was in the right lane at that time.
(111 Q: And dld there come a time when YOll moved to the
(1~1 ieft lane?
(131 A: 111at's right, That's because when I start to
(141 apply the brakes - when I had sort of a clearam;e and I
1151 seen the cars and the truck in the left lane - tills was
(161 already in the ieft lane - I didn't want to pile into the
(111 cars.
(161 So the trailer Itself started to slide due to
(IDI the pavement - well, the cement of the road was wct.lt
1201 started to slide sideways, So I said to m)'self, I'm going
(211 for the medlan.1 dJdn't want to - I dJdn't want to hit
(ZZI nobod)', So that's wh)' I was over in that position.
12~1 Q: And did you cventuall)' bring your tractor
(24) trailer to a stop?
\ (2SI A: Yes, I dld.
Key Iteporters (717) 764. 7801 ~lln.U.Script$
.Roge~ Gascon
January 25, 1996
l.IIwye,'s NO/liS
Page 8 - page
-'
January :ZS, 1!]96
..--.........
111 a: And where was It when you brought It to a stop?
12/ A: When I was - when I came to a full stop, my
13J left, front fender was 0(( the cement Into the grass. And I
I'J knew that my traller would have hJt the guy that was already
15J In the left lane waiting to make a left.hand turn. I knew
lal that both traUers were going to hit, so I hit the brake,
111 And It reaUy sort of stopped suddenly enough that it
la/ stalled the motor.
10/ a: Okay. Dut what I'm trying to v15uaUze it when
IIOJ )'ollr tractor traUer fmaUy came to a stDp,dld it come to
1111 a Stop In the rlght.hand lane of - the sOl1lhbound traffic
1121 on Route IS?
(1~1 A: No. D)' that time, I wa5 over In the left lane.
(1'1 a: Okay. And were )'OU entirely In the left.hand
(IS/ lane?
(16) A: I would say, )'es,
(111 a: Okay. Did your -In bringing your vehicle to a
(161 stop, did )'ou come Into contact with any of the other
1191 vehicles that you were describing?
(ZOI A: No.
(211 a: You mentioned somebody was In the left.hand lane
(221 turning left?
IZ3J A: There was a truck - there was an 18 there
124J waiting to make a left.hand turn.
12SJ a: When you say 18, that's an IS-wheeler?
MJchael a: llarbara Lcndackl v.
Lawrence Watson a: Ryder Rc:n\al.s( <;:arJlway
Pag.,0 Lawyer's NotDS
(I) A: That's right.
(21 a: And how did )'ou know it was waiting to make a
I~l left.hand turn? Were their turn signals on?
1'/ A: His left-hand turn signal was on,
IS/ a: And when you fmally brought your tractor
(6J trailer to a complete stop, how far away were )'OU from the
17) rear of that tractor trailer that was waiting to make a
(iJ left.hand turn?
(9) . A: Well, I had, like - my tractor Itself, I had
(10/ already missed the back of his traUer; but I was still sort
:11/ of In the jackknife - weU, not exactly a jackknife
'12/ position. I was still not straight Olat both traUers would
13/ have touched. 111at's when I hit the brake again to
14/ Immobl1.l7.e m).trallcr - or my trailer and the tractor,
ISJ a: Your tractor _
16/ A: Yes.
'71 a: - when It camc to a stop, was any pan of that
'3/ off of Ole road? I
'21 A: TIle left wheel was In the grass,
31 a: And the traUcr, was an)' pan of that 0(( of the
'/ road?
2/ A: No. It was on the left.hand lane, Uke, on the
3/ roadway itself.
1/ a: Okay, And just so we know, Houtc 15 going in a
;/ Southerl' direction, there's tll'O lanes 'oln' south, correct?
'age 10 . I'age 11 Min.U.Script1!l
Page 11
Key Reporters (717) 764.7801
IIUcllael be llarbara Lcndackl v.
Lawrence Wal50n 6: Ryder Renlal 6: Caraway
III A: Exactl)',
121 Q: And as )'DU proceed south next to the left.hand
I~I lane, Is there a berm before there's the Wass)' medial
1.1 strip?
151 A: At the point where I was, )'ou're talklnll abolH a
191 berm, like - I don't know If Iget exactl)' what )'oll're
111 referring -like,an extra Iane,like,for a left.hand
101 turn?
191 Q: No.1 mean jUlt before )'011 wOllld hit the grass)'
1101 medial, was there any pavement?
I111 A: No. No, there's no pavement there;hUlI would
(IZI say ma)'be another 50 (eel or 50, the cement, It sort of
1131 JoIns In the center.
11.1 Q: Okay.
('SI A: It's like a third lane.
(161 0: Dut at the point )'ou were, )'011 just had the
117) two southbound lanes o( Iravel-
1101 A: 'Out's right.
1191 0: - and then the grass)' medial slrlll?
120) A: 'Olat's right.
1211 MR. BIALKOWSKI: Do )'OU WilOtto mark this as
(221 Exhlblt No.1, please?
12~1 (Document was marked (ur IdentlOcatlon as Gasconl:xhlhlt
IZ'J No, 1.)
125) BY MR. BIALKOWSKI:
111 0: Mr,Ga5con,l'm going to show )'ou what's heen
121 marked Gascon Exhibit I and ask I( )'OU recul\nlzc that
131 photograph, sir?
1'1 A: Yeah. 'O,at's my truck. Yeah,
151 0: And Is that the p051tloll where )'our IrIIl'k was
161 aIter you brought It to a (uI15IOp?
(11 A: That's right.
191 0: And Is the - docs that picture show a portion
101 o( the paved roadwa)' alld also Ihe portion U( Ihe l11edlal
1101 strip?
I111 A: Yeah, that's rlgh!.111lsls the Icftlane.And
1121 m)' le(t, (ront wheelis III the grom.
113) 0: Nosv, do you recalllC Ihere was IIn)' snow Inlhe
1"1 medial strlp-
(ISI A: No.
119) 0: - at the time of the accldellt?
II7! A: No, there was no snow,
110) 0: So Ihat picture accmatd)' depicts the cOlHlltloll
1191 of the l11e'dialstrlp as of .he time of this Ol'L:urrenre; Is
120) that correct?
1211 A: 11lat's rlllht,
122) Q: Now, after )'ou hrOlll\ht )'our vehicle III a MOp 11\
IZ~I )'ou've descrihed, what did )'OU do?
INI A: for one thlllg, like I sa)', when I caml' tllll (ull
1251 SlOp, I - In other words, like, I choked ~11..11ll' lI1otor.1
Key Iteportcrs (717) 7(i4.7KOI I\lInoU.Scrlllt'"
Pig. 12
POQO 13
Roger Ga.'con
January 1',19%
Llwy,,', Not,.
Page 12 . page:
"-,_'-..f,",,
oJ .................
January 2', 1?96
Michael a Barbara I.cncbckl v.
Lawrence Watson a: Ryder Re-nlal.a Ca.c;away
Page 14 Lawy.,'. Notes
III had stalled It. And juSt about at the S3me (ractlon o( a
131 second, the truck started to mOl'e. So I re3ched over to
131 fire It up and put It In ge3r, and this Is when the first
1'1 car rear-cnded me.
151 Q: All right. Go ahead,
161 A: Okay. So _
111 Q: And when that happened, wh3t did you do?
(a) A: So I just appUed the brake, put the truck In
(91 neutral, and I went to get out,
1101 Q: All right. To go?
1111 A: To go and see wh3t was gOing on. What's
(121 happening,
(I~) Q: All right.
(141 A: And this - I don't know the gltl's name. I
1151 know there was a young lady th3t was driving a Chevy Impala
1101 or Impala or Caprice; and she drove Into the _ 10[0 the
1111 I.C,C. bumper o( the trailer,
(181 Q: Now, where was her vehlcle when you saw It?
1101 A: It was sitting, I would sa)' on the Une, like,
1201 in between the left and right lane.
1211 Q: And was It (acing towards your trailer? Or was
1221 it (acing in a Southerly direction? Where was It (acing?
12~1 A: It was (acing southbound; and, Uke, the (ront
1241 o( her car was against the - my trailer, against the back
12S1 o( the traller.
111 Q: All right, If I gave you a piece o( paper,
121 could you - I know It would be a rough drawing _ but could
131 you draw,lIke, the position of her vehlcle, the angle It
141 was at with respect to the rear - or with respect to your
(SI traller?
(61 A: Yeah.
(71 Q: Okay.
18J A: Do you have a pen?
10J Q: Yeah. Why don't you draw -lnItiaUy draw the
1101 two, like, two lines or two areas where you have the
1111 southbound lanes o(travc:l (Dr Route I5?
1121 A: Do you want to use, let's say, the margin here
II~I as the center, like, where the grass is?
(141 Q: Okay. We'li have the - )'ou mentioned the
'151 margin being the left-hand portion of that paper wltil the
161 red line down, That'll be t1le medial strip,
171 A: Yeah, that's right.
18J Q: Now, dra,'!ln where the road would be.
191 A: TIlls would be, Uke, m)' left, front tire,
:01 Q: Okay.
'1) A: And the tractor 15 a bit on an 3ngJe,
:21 Q: All right.
'31 A: Okay. And tilen you get the traller,
.11 Q: All right, Now _
51 A: Now, the center line - well, tills Is not
'age 14. Page IS lUio-U.Script!)
Page 15
Key Reporters (717) 764.7801
Michael lie Jiarbara Lcnd:lI:kl v.
Lawrc:nccWatson &: Ryder Rental &: Caraway
.
(11 really-
IZI Q: I realize It's not to scale, 11m's okay.
I~I A: All right. Let's put It this wa)', And the
1'1 first car that came In contact with me was, YOII might say,
ISI over the line - the center line and Into what we caU the
(6) I,C.C, bOmper at the back,
111 Q: Okay. And that - do YOII recall what color that
161 car was?
IBI A: 111M car was - IC I'm not mistaken, It was sort
1101 of off.whJte or while.
1111 Q: All rlllht. And YOII then - were )'011 In your cab
1121 when that car Impacted YOllr trailer? .
(131 A: 111at's right, 11lat's right.
(14) Q: And )'ollllot out,correct?
(16) A: 111at's right.
, lIB) Q: All righI, Ami descrlhe then whal )'011 did? I
(11) want It to jllst Ilo In steps as 10 what look place?
lIB) A: III0t Ollt oC my Inlck. And I proceeded arollnd
lIB) the right side 10 come lip 10 the car to find out whnt, )'011
IZG) know, what the eXlelllor the damalle alltl what was Ilolnll on,
121) And I opened the rlllht door oC Ihlslady's car hecallse the
1221 leCt side was da\llalled when5he rCaf,ended me.ller leCt side
IZ~) was damaged, So I opened the rlllhl door 10 try and, rOil
IZ41 know, see If she was all rlllht and help her out uC Ihe car,
IZ51 Q: AU rlllht now,and did she IletOlltor the car?
--_. -------..-----..
111 A: Yeah, she did,
IZI Q: And then what did )'011 do?
I~I A: Well, I asked her - well, nut jUSlonce, I
141 asked her more Ihan one lime IC she WIIS okay, And at that
IS) lime when I asked her, like, I WI\SlookhlllIII her face 10
16) see her - )'ollmlllht say her vllalsll\m, And she said Ihat
17) she was all rlllht.
IB) Q: Was she by herself?
IB) A: Yeah, she was,
1101 Q: And when she exlted,dld she 1I00ullhe
1111 passenller,slde duur?
11~1 A: Exactly,
1131 Q: AmI aCler she exited, did thaI door remain open?
(141 Or was II closed, IC )'(1\1 know?
1151 A: No, II was closed,
\ 1101 0: And where did )'011 then physically go aCter she
1111 exiled the Cllr and the door was closed?
(161 A: Um', well, It was 11I5t moments, like, a verr
1101 shorl period or lime there whenlhe olher pickup - lhat
1201 NIs5an Ilkkllp hlllhe - hll the car In Ihe leCt, Cronl
1211 Cender,
1221 0: 'Illat helnll the - lhls white car?
12~1 A: 11lat's rlllht. And It pllshed that car over 10
12'1 lhe rlsht lane, aka)', And when It hit, the pickup went
IZ51 Into, like, sideways; and lhat's where It made Its Impact
Key Reporter~ (717) 764.7801 Mln.U.Script(!)
Page 1 G
Page 17
.R08e~ Gascon
January 1.5. 1996
Lawyer's Noles
page 16. page:
-.-.......
January 25, 1996
, . .
Michael &: Barbara LcndackJ v.
Lawrence Wauon &: Ryder Redtal, A Caraway
Page 18 Lawy.r~ Notes
II) against my trailer.
121 0: And when that happened, where were you standing?
I~) A: I was on the right side of the car, and that car
I') was pushed over. So I had to step lively not to get _ not
ISI to get run Over, sort of.
(61 0: Defore that Nlssan Impacled the area where }'ou
II) Just described, did )'OU hear any brakes squealing or tires
18) squeallng?
191 A: At the time of the Impact with the _ you might
1101 say with the pickup and the car, there was no brakes that I
(II) heard.
(12) 0: Do you know If thaI Nlssan pickup had Its lights
113) on?
(1'1 A: RIght now, I can't say yes or no, I don't
(tS) recall If the lights were on.
116) 0: Dy the wa)', when you got OUl of }'our truck to go
Ill) assist the young lady In the wWte vehlcle, was there any
lIB) veWcles parked or stopped on the medial strip at all? Do
119) you recall?
(20) A: Everything happened so fast,11ke, I don't
(211 . recall whether or not there was another veWcle there or
(22) not.
(2~1 0: Okay. And by the way, I may have asked this
(241 before; but was the young lady by herself In that whlte
12S) veWcle?
o
.'
111 A: She was.
121 0: Now, after the Nissan pickup impacted the wWte
I~) veWcle and your trailer as )'ou've deSCribed, what did )'ou
(4) then do?
(S) A: Well, her car,11ke I say, was pushed over to
161 the right lane. And that's when the chain reactlon started,
II) She got rear.ended bm with a little Geo, The Geo got
(a) rear-ended with a Suburban; and you know, It just _
(9) 0: Did you go to see the operator of the Nissan
110) pickup truck?
(II) A: I went over to the pickup because I couldn't see
(121 nobody in the pickup truck.
II~I 0: Okay.
it41 A: He was SOrt of leaning over lhe _ he had bucket
IISI seats and SOrt of a console; and he was SOrt of leaning
"61 over - over the, like, the console In the right seat.
171 0: And did the individual who was leaning ol'er
16) appear to be COl\Sclous or unconscious from what you could
191 observe?
~Ol A: He was unconsclous.
!II 0: And did you observe him? From what position
!21 were )'ou? Did you go to the drll'er's side of the vehicle or
'31 did you view him from the passenger side or from where?
AI A: From the passenger side. You couldn't get to
;1 the left side.
'age 18 . Page 19 Mln.U.Script1ll
Po9919
Key Reporters (717) 764-7801
t\lIcnac:l lk. Uarbara t.cndacki v.
Lawr~":cc Watson 8< Ryder Renlal 8< Caraway
.
111 Q: Okay. I'm going 10 show )'oU -
(ZI MR. BIALKOWSKI: I would llke Ihls marked as
I~I Gascon Exhibit 2,And this on(: Is Gascon Exhibit 3.
141 (Documents were marked for IdentlflcaUon as Gascon Exhlbll
IS) Nos. 2 and 3.)
la) BY MR. BIALKOWSKI:
111 Q: Mr, Gascon, C1rstl'm 1I0lng to show )'ou Gascon
181 Exhibit No.2, And this Is a photograph. And there's a
(0) traller with the letters xn on lis side. And I would ask,
(10) Is that the traller Ulat you were pullJng at the Ume of the
Ill) accldent?
1121 A: Correct, . .
11~1 Q: And do you see the pickup which )'ou'\,e described
1141 earller In that photograph?
1151 A: Yes, I do.
1161 Q: And where Is the pickup?
1111 A: The pickup Is about - sldewa)'s at the back of
(18) my traUer.
110) Q: And Is Ihat the position that the pickup c:\me to
(20) rest after It had Impacted your traller and the whlte
121) vehicle that you described earller?
IZ21 A: That's right.
123) Q: And I'm going to show you what's been marked as
IZ4j Gascon Exhlbll No, 3 and ask If you can recognize that
125) photograph?
111 A: Yes,l do.
12) Q: And what docs that photograph depict?
(31 A: Well, Ulat's the pickup here sideways against
(4) the back corner of my traller.
IS) Q: And Is that from your observaUons how the
161 pickup came to rest after Ule Its Jmpact wlUI )'our vehicle
(7J and the white vehicle?
IB) A: That's right.
(0) Q: Now, you Indlcated that you observed the
11GI operator of the pickup truck from 100kJngln through the
1111 passenger side of the \'ehlcle, correct?
1121 A: 'nlat's right,
(la) Q: Dld')'ou open the door to the passenger side?
(14) A: I dldn't open Ule door, no.
1151 Q: Old you attempt to render any assistance to that
(181 operator?
1111 A: I tried to open the door, 'nle door was locked.
liB) I don't know who; bml know that sOlllebodl' else - he had,
1101 like, a little courtesy window.
IZO) Q: Urn.hum,
1211 A: It was Uke a club cab. One guy broke the
(221 lIllle window in order to sUck his hand In and unlock the
123) rlllht door -
1241 Q: Okay,
12S1 A: - In order to open the door and assist the
Key Reportcrs (717) 764,7801 Mln'U.Scrip~
Paga 20
Page 21
,Roger Gll!con
January 25. 19%
Lawyer'. Noles
pagc 20 . Pile ~ i
~_._.......
Januar,y 2', 1..996
~ .
III
121
I~l
('1
151
101
"171
lal
Igl
1101
1111
1121
113/
IHI
1151
1161
1111
I IIBI
Ilgl
1201
1211
1221
1231
124)
1251
gentleman.
Q: And this Individual that l'oU just described,
Ihat was a male?
A: That's rIght.
Q: And dld that Individual then Open Ihe
passenger.slde door?
A: ThaI's right.
Q: Old that Individual get Into the vehicle to,
from )'our Observations, look at the Operator of tile Nlssan
pickup truck?
A: WeU, I know that he looked In.
Q: Okay.
A: But at tllatllme, tllere was also another car
that there was a lady that - there was a sort of hysterIa,
which was the llttle Geo. And 50 I went to over tllere 10
see If I could do an)'thlng for her.
0: Now, arc you famUlar with at some polntln lime
a tractor traller being operated by Mr. Watson coming Upon
the scene of the accident?
A: I seen the - I seen the vehJcle.
0: Well, first, just answer, Are you familiar with
that eventually being there at the scene of the accident?
A: Yes.
Q: Okay. Now, when you - strike that question,
After the - strike that question,
lIIlchael 8c Barbara I.endackl v.
Lawrence Walson A Ryder Rl!nlaJ. .II: Caraway
.
PagB 22 Lawyer'. Notes
"
III After you brOUght your tractor traUer to a
121 complete stop, between that lime and the time that you felt
131 an impact on the trailer whIch you eventually determined to
141 be from this White vehIcle, can Mr. _ was Mr. Walson's
151 traclor traUer at the scene?
(6/ A: No.
171 Q: From the lime that you got out of your cab and
IBI went around 10 try 10 render assistance to Ihe operator of
191 thaI While vehlcle, dld Mr, WalSon's tractor trailer Come on
1101 the scene?
(III A: As I was stepping out of my tractor _ I don't
1121 know. I can't swear If It's Me, Watson or the other lnlck
II~I thaI went In the median nexlto hlm;butl heard somebody
114) say Ihatthere was SOrt of a, like, a parking lot. We cali
(ISI It a parking lot on the highway. And then jllst, )'Oll mlght
161 say, maybe 20 seconds or 50 or whatevcr, I saw his Inlck
111 come Into the median.
16/ Q: I want to go In slages, So what I'm trling to
191 get at Is that YOll got Ollt ofyollr cab and WClIt around to
'01 render assistance _
'/ A: Um.hum.
21 Q: - to this lady In the while car?
'~I A: 111at's right.
.11 Q: You got her Ollt of the car from her passengcr
;1 side, I bcIJe\'e?
'age 22 . Page 23 lUln.U.SmpNl
Page 23
I\:e)' Reporters (717) 764.7801
Michael &. Harbara Lcndackl v.
Lawr~nee Wauon &: Ryder Rental Be Caraway
.
111 A: TIlat's right.
121 a: After )'OU exited her - ~ter she got out of
PI that car, )'ou then indicated that there was an Impact
141 between the pickup - the Nissan pickup truck and )'our
151 trailer and the whlte car, correct?
(61 A: Well, the Nlmn hit the car and pushed It
(11 out, In other words, out of the wa)', And from the force of
161 the Impact, the Nlssan went sldewa)'s and Into the back of my
~ 19) trailer.
1101 a: And when - strike that questJon.
1111 And then you went over to look at the operator
1121 of the NI~san pickup truck, correct? '.
1131 A: That's right.
1141 a: And then you mentJoned somebody else came upon
11S1 the scene and broke tJle one window to unlock the door?
(161 A: Exactl)'.
1171 a: And then )'ou went and directed )'Dut attentJons
lIB) to the lady In the Geo I think you said?
1191 A: That's exactl)' - )'eah, that's right,
(20) a: When dld you flfst - using those as
1211 different - I'm tr)ingtD phrase thls - were }'ou aware of
IZ21 the tractor trailer that Mr. Watson was operating before )'ou
123J went to render assistance to thls lady In the Geo or was It
(241 ~ter?
12SJ A: Just about at the same time as I left the pic....up
(IJ to turn to go over to the Geo, I heard the bra....es; and I
121 seen the truck drive Into the medlan.
13J a: Okay. Now, when }'ou sa)' you heard the brakes
141 and you saw the truck drive In the medlan, would tJle truc....
IS) have been to the rear of )'our tractor trailer when you flfst
161 heard It?
(1) A: Yeah.
(B) a: I'm not saying where It came to a stop. I mean
19) when you n.'"st heard It?
(101 A: Where was I standing?
(11J a: No, when YOll flfst heard the tnlck -
(12) A: That's right.
113J a: - a'nd }'ou mentJoned - I don't know If you said
1141 brakes or tires. I forget what word }'ou used about
lIS) squeaUng,
1161 A: Yeah, I said brakes, )'eah.
111J 0: Where was thatlnlck at that polntln time?
lIB) A: We~, It was - it was southbound.
(191 0: On ROllte 15?
IZO) . A: TIlat's right.
(211 0: In which lane of travel?
1221 A: Well, of course, Ilke I sa)', there was fog that
IZJI morning.
124J 0: lUght,
12s1 A: Okay. I heard tJle brakes. And when I did
Key Reporters (717) 76-1.7801 ~Un.U.Scrlpt!l
Page 24
PagB 25
,Roger Gascor
January 25. 199(
Lawyer'. Notes
Page 24 . page:
January 25, 1~9G
Mlcluel It: Barbara LendackJ v.
Lawrence Wauon & Ryder Redtal.ar: Caraway
Paga 26 Lawyer'. Notes'
II) notice the truck, It was at that time _ ilke, It was In the
12) left lane going Into the -Into the median,
13/ Q: Now, at that point In tJrne, had tills other .
1'1 Indlvldual who had already broken lhe window and opened the
151 door for the pickup lrock that had Impacted lhe rear of your
16/ trailer and tile white vehicle, that _
11) A: Whlch vehicle are we talking about?
18) Q: TIle Nlssan pickup trock,
III A: Yeah.
(101 0: The one that's shown In these photographs,
(II) A: Yeah,
112/ 0: Had that Indlvldual you described, the man who
(I~I }'Oll said broke the window so he could unlock the passenger
(141 door-
115) A: Yeah,
(Ie/ 0: - had he already done that before rOll heard
(111 these brakes squealing and lhen observe the Watson tractor
1181 trailer moving the way you saw It?
(19) A: The guy broke lhe wlndGw, and he opened the
120) door. And that's roughly about the same tJrne as when 1
1211 heard the brakes and the truck come Into the medlan.
122) 0: Okay. Were you In a PDsltlon from where rou
(23) observed tllat to teU whether or not any part of the tractor
1241 trailer being operated by Mr. Watson came Into Contact with
125) anr part of that Nlssan pickup truck?
(I) A: When It came to a full stop, Ukc _ a dead stop
121 we call It - 1 would say that tllere was at least a good 12,
13) 15 feet between the tailgale of the Nlssan and Mr. Watson's
14J truck.
IS) Q: All right, That's when It comes-to a stop?
161 A: Yeah.
17J Q: Let me ask the question thIs way, Old rou ever
la, see any portion of Mr. Watson's tractor or trailer Come Into
19J contact with any portion of the pickup truck?
110) A: No. He dldn't hlt lhatlntck,
!IlJ Q: You're certain of thai?
:12) A: That's right,
131 Q: And In terms of the time wlllch would hal'e
14' occurred after the Nlssan pickup truck Impacted tile rear of
15) rour trailer and the whlle vehicle, you went over and looked
161 tllrough the passenger's side 10 observe the driver, correct?
17) A: That's right,
'8/ Q: And then :J,l1Dther gentleman came br and
II broke one of the'Wlndows on the right side of Nlssan pickup
~I lnlck to unlock the door?
II A: Correct,
21 Q: And then opened tile door?
3j A: Exactly.
'I Q: And It was afTer lhat that Mr, Watson's tractor
" trailer came u on tlle scene; Is that COrreCl?
'age 26 . Page 27 ~(ln.U.Script!l
Page 27
'.
Key Reporters (717) 764.7801
t\lJctlad be tiaroara U:nuack.l v.
Lawr~ncc"Watson &. Ryder Rental &. Caraway
,
111 MR. BURCH: ObJectlon to the Corm orthe
121 questIon.
131 THE WITNESS: Yeah.
('1 BY MR. BIALKOWSKI:
IS) 0: After that, did you have any further
181 observatlons concerning the driver or the Nlssan pIckup
111 truck?
181 A: Not regarding the pickup, no, or the driver.
191 0: Eventually, an ambl~ance came and U'ansported
1101 Mr. Lcndackl, who was the operator or the Nlssan pIckup
1111 truck, to the hospital. Old you have anything to do with
(IZI call1ng that ambulance?
11~1 A: No. That was called, I believe, by the pollce.
1141 0: Okay, And at any tlme, did )'ou render
lIS) assistance to Mr. Lcndackl?
(16) A: No.
1111 0: Okay. Did you ever have any conversations with
(181 Mr. Watson at the scene oC the accident?
1191 A: Well, Just exactly what was said, I know that I
Izol can - well, not distinctly - but I know tllat I probably
1211 brought up the thing - the Cactthat It was Coggy and we
1221 couldn't see anything.
12al 0: By the way, did you know Mr. Watson beCore you
(241 met him at the time or this accident?
12S) A: No. That was the first time that I seen the
III man.
(2) 0: Okay. And you see him today, right?
lal A: Correct.
141 Q: Between the time oC the accident and today, have
151 you seen Mr. Watson?
161 A: No.
(7) Q: Have you spoken with him at aU?
lal A:No,
191 Q: Old you ever speak with me before today?
(101 A: No.
1111 Q: Do you know from your own observations If
(121 Mr. Watson's tractor and/or trailer hit any vehIcles that
Ilal were anyWhere in tile vlclnit). on the day of the accldent?
1141 A: Urn, thIs was brought up once nCter, you might
(151 say, Ws vehicle was stopped that he went into some sort
1161 of a Jackknife. And he did rear-cnd a little Omni,
(111 Q: And do you know where tllat Omni was when he
(1B) rear.endetllt?
110) A: TIle Ornnl was In the medIan; and it was pushed
1201 across to the - wcll, to the northbound side of the road,
i211 Q: Okay. Old you ever ha\'e an)' conversatlons wltll
1221 any of the pollee officers who investigated this matter?
IZ~I A: You mean nCter the accident?
124) 0: After the accident, )'eah, did you ever talk to
1251 any of them at an)' tlme?
Key Reportcrs (717) 764-7601 Min.U-ScrlptIJ
Page 28
Page 29
, ,Roger Gascon
Janul&l")' 25, 199~
Lawyer'. Noles
Januarx'2S, 1996
.-...&.-
MJchael a: Barbara 1cndack! v.
Lawrence Watson a Ryder ReltCal.ll Caraway
Page 30 L.ivy.r~ Not..
III 'A: NO:Nope.
(21 a: 50 no poUce officer ever spoke 10 you and told
I~I )'ou whal they had learned (rom Mr, Lcndackl as 10 whal had
1'1 happened?
ISI A: No,
161 a: Old anybody ever stale 10 you thaI they were
(71 laId thaI somebody was saying thaI you backed your trailer
lal Into the Mr. I.cndackl?
(91 A: Weil, this - lhJs Is somethlng thaI was laId to
(101 me [rom my security office al XU, Now, I can'l confirm If
1111 It came [rom the poilce or whal.
(121 a: Okay.
(1~1 A: BUI apparently Ihe flrsl _ flrSllhlng thaI I
(141 heard Is thaI when the gentleman In tile pickup slarled 10
(lSI regaln consciousness In the hospital, he said that I backed
11a) Into hlm.
(171 Q: All right. And did you?
(181 A: No, I didn't.
(191 Q: Okay. That's okay.
(20) A: But 0(( the record, can I Just ask one question?
(211 a: We can put It on the record It too. It's okay.
122) A: To lhJs day, I don't know how did lhJs guy come
12~1 out? Is he crlppled or what?
124) a: He has inJuries?
(25) A: I know it was qulte severe.
(I) a: But _
(21 A: I know - Uke I say, I never heard anymore
13) about It.
(4) a: Okay. I think that's all I have rlght now,
IS) Mr. Gascon. Mr. Burch may have some questions.
f61 MR. BURCH: Yes, I do. Do you mind If we Just
171 take, like, a 2'm!nute break?
(8) MR. BIALKOWSKI: NOI at all. Go ahead.
19J (At which time, there was a brle( pause In the proceedlngs,)
1101 MR. BURCH: Would you want 10 mark tllat
fll) photograph? I think we're up to _
1121 MR. BIALKOWSKI: 4,
ll~l MR. BURCH: .- Gascon No.4 now,
1"1 (Document was marked [or Identlficatlon as Gascon ExhJbit
{IS) No.4.)
1161 '
:171
161 a: Mr, Gasco'l?
19/ A: Yeah.
101 a: Is tllat the way you pronounce your last name?
!1/ A: Close enough,
'21 a: I apologize In adl'ance If I'm mispronouncing
!31 YOllr name.
"~I A: That's okay. I've heard It pronounced In quite
51 a (ew dIf(erent ways,
'age 30 . Page 31
"
.. .'
Page 31
,.
EXAMINATION
BY MR. BURCH:
MJn.U.Scrip~
Key Reporters (717) 764.7801
Mlchact &. llarbara Lcndackl v.
Lawre~ce :w'auon '" Ryder Rental '" Caraway
(II 0: My name 15 Randy Durch, I'm the allomey
121 representing the Lc:ndackl's regarding this motor vehicle
131 accident or the several motor vehicle: accidents which
141 occurred that partlct~ar day.
151 While I'm asking you questions about your
IBI background and about what happened that day, please don't
111 guess at any facts. If you're not sure of something, let
la) me know; but don't guess at anything,
ID) A: Okay.
110) 0: If )'ou don't understand any of my quesllons, let
(111 me know; and I'll try to rephrase It for you.l don't want
1121 you to respond to anything that's not understood by you.
113) A: Okay.
114) 0: Now, how long have: )'ou worked for xn Transport?
1151 A: I've been with xn for 3 1/2 years,
1161 0: And your residence, 15 that in Canada?
1171 A: That's right.
I'BI 0: How long have you lived In Canada?
(lDI A: All my life. Dutthat - at the address that
IZOI I'm at now, I've been there for 33 years.
121) 0: aka)'. Do you have any plans of moving or any
IZ21 Intenllons of moving right now?
12~1 A: No,
IZ41 0: Where's the h~me ortice of xn Transport?
12S) A: The - how should I put tills now? - we got two
PagB 32
Page 33
11) )'ards, okay. We got one yard In Montreal that an)'body that
(21 works for xn that 15 from Kingston East belongs to Montrea1
(3) yard. Anything from Kingston West belongs to Toronto yard,
14) Toronto, Ontario,
(SI 0: Whlch yard do you belong to?
(BI A: 1 belong to the Montreal )'ard, but all tile
111 adminlstrallon Is being done Ollt of the Toronto yard.
IBI 0: Defore the collisions you told us about happened
IDI that day, how long - or can }'outell me how long you were
110) on Route 15?
111) A: It was no more titan, ma)'be, five minutes because
I!ZI 1 had just came off afRo ute 114.
II~I 0: Do tou know how far you traveled from that
1141 junction to the point where these collisions occurred?
(ISI A: I would say tlJatthat's no more than, ma)'be,
1161 2,000 feet or 50 dOIVn the road from the funclion, or tllat
(17) close an)'way,
I'BI 0: NO\v, at some pDlntl'ollllloved your vehicle from
IIDI the right.liand lane to the ieft.hand lane?
(20) A: TIm's right,
1211 0: Do you recall what gear l'our truck was In when
1221 you first needed to make tbat move from the right to lite
1231 left lane?
IZ41 A: I can't sa)' exactl)' what gear I was In. I know
1251 I was In the - what we call the upper ratio, which covers
Key Reporters (717) 7G4.78011l11n.U.ScripN>
.
,ROller Gascor
. 'January 25. 19!)C
Lawy,,~ Not..
"
;;,:~im
Page 32 . P"':!J~
January 25, 1~96
-
1Illchael A Barbara 1cndackJ v,
Lawrence Watson It: Ryder RedIal, a Calra~ay
PagB 34 La'wy".. NOles
III an)'thJng between 15 - 10 and 15 gear. Because 1 got a 15
12) gear transmission, I must have been somewhere In the
I~) vlclnlty o( 13 gear.
(4) Q: Exactly what was In (ront o( you on the hIghway
IS) I( anything at all whIch caused you to move YOur vehicle
(6J (rom the right to the le(t Jane?
171 A: As I was saling earlier, I was In the (og, And
16) It Just SOrt o( cleared up In (rant o( me, And then I seen
IP) tIllS car and truck parked or Stopped on the highway.
"OJ a: Okay. A car and a truck?
Ill) A: Well, It was more than one car. There was a
112) couple o( cars on the right, and there was a truck In the
"2J le(t lane.
1141 a: Can you describe to me how these vehICles were
IISI positioned? In other words, were they (acing In a direction
IIBI that they should have been goIng In a southbound direction
111) In the hIghway? Or were tlley (acing In Some other !dnd o(
(18) direction?
(Ig) A: No. They Were - they Were all like _ the
(ZOI vehIcle In (rant o( - vehicles In (ront o( me were, like,
1211 in the southbound dJrectlDn.
122) a: Were these vehIcles moving at all (rom what )'ou
12~) could observe?
12'1 A: At the time when! seen them, no.1ney were
12S1 stopped.
[II Q: And how were you able to bring YOllr truck and
IZ) traller to a stop?
(3) A: Well,! tried stopping; and the pavement or tile
141 cement on the roadway as wet. So it started to go sideways.
(S) And! didn't want to hIt,llke, sideways With the traller.
(6) I didn't want to make what we calf make convertibles out o(
(7) the cars, So ! figured, weli, this truck is goIng Into the
(6) median. Uke, ! don't want to hIt nobody.
(P) Q: But you didn't go into the median?
(10J A: Well, my left, (ront went in. Okay.
111J The -like,! maneuvered to go to the medlan.And Just as
1121 I got into the - well, the Je(t, (rom (ender got in 0((
"2) the roadway Into the grass, I knew that both trailers Would
;14) have touched, so I Jllt the brake.
'.S) a: And ! believe you told us, and I'll ask it
181 again. I apolOgize. Was )'01lC !r(t wheel area the only
17) portion o(your tnlck and trailer tllat was on the grass?
la) A: That's rig/jt.
19) a: Now, what dId you do in order to stop your
!Ol vehIcle?
'11 A: Well,l applied the brake. Dut seeIng tllat tile
121 wheel was in the grass portion, It SOrt o( grabbed !dnd o(
!31 SUddenly. And it grabbed enough tim, like! say _ or I
4/ said earlier, I stalled my motor,
5/ a: Once au came to a com 'ou know
'age 34 . Page 35 Min.U.Script1!l
Page 35
-.
i,.
.'Ii
...
Key Reporters (717) 764-7801
Mlcnael be .Ilaruara LcnaaclU v.
Lawrc;.nce ~alson &. Ryder Renlal & Caraway
111 how much distance was between }'Dur lnIck and the vehicle
121 whJch was directly in fronl of you In the left lane?
131 A: It might have been 4 or 5 feet at the very most,
1'1 a: How long were you In your \'e1llcle before the
IS) co\JJslon with the Chevy occurred?
IBI A: From the tlme that I left my customer to the
111 Impact, It might have been 20 minutes,
181 a: Okay. I'm sorry, What was }'our answer?
101 MR. BIALKOWSKI: I think what - }'ou meant from
1101 the tlme he stopped? He thought you meant from the time he
1111 started.
1121 MR. BURCH: Oka)', I'm sorry. I'm sorry, It's
11~1 probably the way I asked the questlon.
1141 BY MR. BURCH:
IISI a: BUl once }'ou brought }'our car or your tractor
(16) traller to a stop on Route 15 -
Ill) A: Um.hum.
1181 a: - do }'ou know how much tlme went by until the
1101 co\JJslon with the Chevy occurred?
120) A: Well, tIlls was done within 10,15 seconds or so.
121) a: Were you able 10 look out any mirrors and see
122) this white Chevy approaching your truck?
12~1 A: I dldn't see the - I didn't see the Chevy car,
1241 for one thing.
12S1 a: Okay. How did you first become aware of an
Page 36
Pag837
III Impact then?
121 A: Well, I felt the thump In the back,
131 a: And what did }'ou do once you felt the thump?
141 A: That's when I put the - applied the parking
IS) brakes on the truck. And that's when I got out and went
161 around the fronl of my car to the right side to go behJnd,
171 a: Now, when you went around the back, did you have
18) an opportunity to see this Chevy?
10) A: Yes, I did,
1101 a: Where was It In relatlDnshlp to )'our traller?
III) In other words, was It right up against the traUer? Was It
1121 off to tIle side of the trailer? You know, where was It?
11~) A: It was right against thc back end of the
(141 trailer, what we call the I,C,C, bumper.
IISI a: And would that have been the front of the Chevy
1161 or some other portion of it?
1111 A: It was from tlle center - the center of the hood
1181 to the lef~, front fender.
1101 Q: And then where would have been the rlght,front,
1201 portlon of the Che\1'?
121) A: It would have been, like, behind m}' traUer; but
1221 it was slightly - I !JUess the }'oLlng girl tried to - to
IZ~I swerve to miss me. She was a little bit on an angle.
1241 a: Okay, And tIle angle, would that be an angle to
12S1 the rlgllt or to tlle left?
Key Reporters (717) 764.7801 l\lin.U-Script<!>
,Roger Gascon
January 25. 1996
Lawyer'. No/lIS
Page 36. Page 3'
Michael a: Barbara LcndackJ v.
Lawrence Watson a: Ryder Ren'tal.li Caraway
Page 38 Lawy.,'. Nol..
January':zs. 1?9G
-
1'1 AI Well,lt would have been, like, to the right
12) because she was going to the right to miss,
131 al Now, did you or anyone else try to move the
1'1 Chevy before you made any observations o( the NIssan pickup
IS) truck?
(8) A: No.
111 a: Once the Chevy Impacted 10 the back o(rour
181 trailer and you got out and were back, where were you
191 St:.ndlng?
1101 AI I was standing by the right, (rDnt door of
1111 the -It was a (our-door sedan,
1121 a: The right?
(13) A: Front door.
1"1 a: Where were you standing when you first observed
I'SI the Nlssan pickup truck?
11al AI I was a couple o( (eet away (rom the car.
(17) a: Okay. Would that be the Chevy?
118J AI That's right.
I,gl a: When you say a couple (eet (rom the car, where
1201 exactly were you standing? Let's put It this way, Were you
121) standing In the lefl Jane of Route 15 or the right Jane of
1221 Route IS? Or if none o( the above, could you tell me where
12~1 you were standing?
12~) A: No - well, the car was sitting baslcaUy over
(2S) the center lane, like, the _
I') al The lines?
121 AI - the dotted line. And I was standing, like,
131 In the right lane.
(41 a: Where was the Nlssan pickup when you first saw
(S) ill
(61 A: When I seen It, It was coming down soutllbound In
(7) the left lane. .
IB) a: And how (ar _
191 A: Th.ls Is just a minute before the - you might
1101 say a (ew seconds before the Impact.
1111 a: Okay. And how far away (rom where you were
('2) standing was the Nlssan when you first observed It?
:1~1 A: 25 (eet at the most. It was just coming Inlo
:I~I the - Into the clearing. Uke,right at that poInt, there
'ISI was SOrt oca clearing In the fog, And I/ust seen it; and
la) boom, that was It.
171 a: Now, at tllat time when you observed tile Nissan
lal (or the first time,lfyou could think back and tell me,
'91 what were the (og conditions like al thai lime?
'QI A: II was thick.
'11 a: Were rou actually able 10 see tile Nissan? Or
21 were you only observing headlIghls when you made thai ('Irst
'31 observation?
'I A: Well, when I ('lrSI seen It, it was/ust coming
;1 oUI of the (011 In that clearance; and like I sa)',
'age 38 . Page 39 Mln.U.Seript0
Page 39
Key Reponers (717) 764.7801
Michael & llarbara l.cndacki v.
Lawrc;:.nce w.atson Be Ryder Rental Be Caraway
111 It's - It's only 15 - 15,20 (eet or so.
121 Q: Okay. How (ar could you see? U you were
I~I looking out, glven the (og condltlons at that time, were )'ou
(') able to see back behind the Nlssan at aU?
IS) A: I don't quite get your questlon.
161 Q: Okay. I know, It's kind o( dlfllcult. Let me
(11 try to explain It (or )'ou, Whcn )'Oll first saw tile Nlssan,
161 )'ou were approxlmatcly 25 (eet away?
10) A: When he came out o( the (og?
I1GI Q: RJght. Now, In other words, (rom where you were
(111 standing to the polnt where you first saw the Nlssan, that
1121 would be a dlstance o( approxlmately 25 feet?
il~1 A: That's right.
(14) Q: From your vantage pGlnt, were you able to see
lIS) behind - what, If anything, would be behind the Nlssan?
(1BI A: No, not at this polnt,
(17) Q: And was that because of the fog? Or was that
lIB) because of another reason? .
1101 A: No. That was mostly the fog tllat YOll couldn't
(20) see behind.
(21) Q: Okay. So did the fog keep you from belng able
122) to see anything whIch would have been behind the NIssan
12~1 pickup from that PDlnt where you fll'st saw the Nlssan?
124) A: When I - when I seen the Nlssan coming out of
12S) the fog, there was nothing behind him that I could see.
(11 Q: But was the fog preventing YOlI from belng able
121 to see anything whIch could have been behind the Nlssan?
(3) MR. BIALKOWSKI: For what distance behind the
(4) Nlssan?
ISI MR. BURCH: At this polnt, I guess I'm asking
(61 111m any distance at all,
(7) MR. BIALKOWSKI: Okay.
161 THE WITNESS: Well,l can honestly say that
101 within the next 20 feet or so behind when he came out of the
(101 fog and the lmpacttDok place, there was nothing behind
1111 there. There was just no other vehicle there.
(121 BY MR. BURCH:
II~I Q: Glv~n tlle (og condltlons, can you say tllat for
(141 certain?
IISI A: Certain for what? For the distance or for
(161 the-
(111 Q: TIlatthere was nothing behind tlle Nlssan? And
ilal this Is atthc point wherc )'ou Ilrst observed It?
(101 A: Yeah, Well, (rom the minute tllat I observed It
(201 and then the Impact occurred, I mean, Ilke, there's anI)'
(ZII what - five, ten seconds at the very most?
12z1 Q: Oka)', nut I'm not asking )'ou to do that.
1231 What-
i241 A: \lIght.
12s1 Q: What I'm - yen the (og condItlons at tllat
Key Reporters (717) 764.7801 ~lin.lJ.Scrlpt1!l
Page 40
Page 41
~08er Gasca I
January 2S. 199(
'..wy.r'. Not..
,.
Jalluary 25, 1996
Michael a: Barbara Lcndack1 v,
Lawrence Watson a: Ryder Rental'~ Cl/caway
Page 42 L.wy.r~ Not..
~e, ho~ lar could YGU see,lf )'ou could glve me an
estimate In leet?
A: I would say that you could - you could probably
~ee across the room here and that's about It.
Q: Okay, And would you be able to estimate _ and
tltls Is Just an estimate - approximately how many leet that
would be?
A: I don't know what this room Is.
What - 15 - 15leet, 18leet, or Eometlilng Uke that?
Q: Okay. So are you telling me that due to the log
conditions on that day as you were standing on Route 15 )'ou
would only be able to see approximately 15 .to 20 leet In
lront of you?
A: When I was traveUng with my truck?
Q: As you were standing on Route 15 alTer you
stopped your truck and got out _
A: Yeah,
Q: - and YOll were standing on Route 15?
A: Um.h'w. Okay. WeU, Uke I say, right where
the accident took place, there was a clearance. And that's
roughly what the clearance was, 18,20 leet, maybe 25leet
at the most; but that's where the clearance was,
Q: And that Is the distance that you could Eee?
A: That's right.
Q: And as YOIl were standing on Route 15,dld you
(II
121
1~1
1'1
IS)
IB)
111
181
Igl
(101
(Ill
(121
(13)
(14)
lIS)
118)
(111
1181
Ilgl
12UI
(211
1Z21
123)
1241
12Sj
Page 43
111 see the Nlssan come out of the log and Into thJs clearance?
121 A: That's right.
(31 Q: Were YOIl able to see anything at aU behind the
(4) Nlssan? And Ifnot, was that because of the log?
IS) A: I dIdo't see anything behind tile Nlssan _ or I
18) shOuld say anything fOUDWlng tile Nissan coming out of the
II) fog.
181 Q: Okay. But not coming out of the log, Were you
19) able to see - once you saw that Nlssan _
(10) A: Yeah.
(III Q: - could you see past behind It to teU whether
(121 there was anything behind It?
(I~) A: WeU, thJSlS what I'm saling, Once It got out
(14) In the clearance, there was nothing else behind him.
(151 Q: In the moments before YOIl saw tile NIssan come
116) out of the log and into tills clearance tllat you're telling
(11) me about, did you hear an)' sounds of vehIcles colUdlng or
'18) an)' sounds of t!J;es or brakes being activated?
to) A: No. TIle only tiling that I can say Is 1 heard
101 tile tires of tile Nlssan - he had what we caU the big Illg
211 tires, off.road lug tires. I could hear that coming down
121 tile road.
231 Q: Could you hear anrthlng else?
l4' A: Urn, no, not at that time.
'5) Q: Are 'ou able to estimate for liS how fast tile
';tile 42 . Page 43 ~Un.U.Script0
Key Reporters (717) 764.7801
r.Uchael lie Ilarbara Lc:ndackl v.
Lawrl:~ce W.alSlln <'It Ryder Rental 80: Caraway
111 Nlssan was going when you tlrst saw II?
121 A: TIlls Is probabl)'luSI a rough estlmatej but I
I~I would say at least what - 25,30 miles an hour?
1'1 Q: And how do you reach that estimation? In other
ISI words, Is tllat based upon your experience as a driver? Or
161 Is there something else that happened that day that leads
I7J you to belleve Ihe Nlssan was going that fast?
IBI A: N'l, I would say It's basically based on the
101 years of operation and driving,
1101 Q: What was the first thing the Nlssan struck?
1111 A: He struck the CheV)' that was behind me.
(12) Q: Now, before the Nlssan truck struck the CheV)',
113) were you able to see whether an)'thlng at all hit the Nlssan
1141 from behind?
11S1 A: There was nothing behind the Nlssan.
11al Q: If you could think back to the spilt second
1111 before the Nlssan struck the Chevy, were you able to see
IIBI whether or not there was any damage on that vehicle - on
(191 the Nlssan?
IZOI A: To me, there was no damage. It looked like
IZ11 a - like a pretty new - new vehicle or very recent model.
IZ2) Q: And from )'our vantage point on Route 15, were
(2~1 you able to see the entire - or were )'ou able to see the
IZ4) Nlssan pickup truck?
(ZS) A: Well, I seen It when It came out of the fog.
II) Q:Yes?
121 A: Yeah.
131 Q: And you did not see any damage?
141 A: No.
ISI Q: As you saw the Nlssan coming down the left lane,
161 did you stand in the same position the entire tlme? Or did
(7) you move and go to another location at all?
161 A: Well, when I seen the car or the pickup appear,
191 I moved back because I knew he wasn't going to stop. Well,
(101 It was going to stop, llke, either in the back of my triller
Ill) orin the car. 50 1-
1121 Q: And how did )'ou move back?
1131 A: I bal:ked up,
1141 Q: Old you turn around to walk away or run away?
1151 A: Everything was done so fast. I just backed up,
116) and the car was coming at me.
Ill) Q: Were )'oulooklng at the Nlssan the entire time
1161 until )'ou ~rst saw It and up until the time It struck the
1191 CheV)'?
IZOI A: I might have taken my e)'es off the Nlssan when I
1211 seen the car come at me.
1221 Q: What car Is tllat?
1231 A: The Che\'}' - the white Che\'}', from tile impact
1241 that caused It 10 move lowards me.
IZS) Q: Okay. 50 al tile tlme that you saw the Nissan
Key Reporters (717) 764-7801 Min-U.Script!l
Page 44
. Page 45
,Roger Gascon
JaJ1Uary 2S, 19!>f
L.wye,'. Notes
Page 44 - page 4
January 2', 1~96
,
Michael Be Barbara I.cndackJ v.
Lawrence Watson <\ Ryder Redtal. 8c C~away
Pago 46 L.wy.". Not.s
111 come'lnto Contact with the Chevy,did you see the tractor
121 trailer that Mr. Watson was driving yet?
I~I A: No.
"1 0: How far dId the white Chevy move after the
151 collision with the Nlssan?
(el A: From the Impact, It moved (rom, like, over the
111 dmted tine In the center to - to the _ where the gravel
(81 starts, like, on the right lane.
19) 0: Could )'ou estimate for me what that distance
(101 would be In feet?
1111 A: Well, the road over there, I would sa)'
112) what - IO-feet, I Ueet wide?
1131 0: Oka)', Now, describe the Impact that Occurred
(14) between the Nlssan and the traller o( )'our tractor tralier.
lIS) A: Well, the Nlssan hit the Chevy In the left,
(18) from fender. And (rom the Impact, It caused the Nlssan to
(11/ go sldewa)'s, And that's when he rear-cnded my traller.
(101 0: Oka)'. And what portion of the NIssan touched or
119) came Into contact with your trailer?
1201 A: The left side, like, the door and the _ the
1211 left panel.
122) 0: Wcrc you - now, after that Impact, wcre )'OU
12~1 able to look inside the truck and see the driver o( the
1241 pickup?
12S) A: Yes, I did,
(II 0: What If an)' signs o( Injury did you see?
121 A: Well, what I could notice from lOOking through
13) the window, I could see that It was split open on the left
(4) sldc closc to the car or bctween the car and the c)'cs and
151 therc was blood running down Ws face.
(61 0: Wcrc you able to look at his face at aU _ a
11) c10sc look at Ws face?
(BI A: No. From the position wherc I was, therc was
19) one guy trying to Open the door. I was sort o( looking on
1101 an angle from the - tllat Uttle courtesy window from the
1111 back window looking In, I couldn't see the _ Uke, his
(121 facc at all, Itsclf at all.
(I~) 0: And were .youlooklng In from thc driver's side
1"1 or the passenger's Side?
(ISI A: Passenger's side.
1161 0: Other than the - you said he was split open and
(111 the blood. Were )'ou able to see an)' other signs o( InJur)'?
1161 A: No. I can't,sa)' that there was an)'thlng visual
119) that I've seen an}'Wa}'.
!231 0: Did Mr, Watson's tractor trailer truck _ were
21/ )'ou able to observe Mr, Watson's tractor trailer truck by
22) that time - b)' the time )'ou looked In through the
23) passenger's side - that passenger side window to look at
241 the driver?
251 A: D . the time that I went over to the
rage 46 - Page 47
Pago 47
"
.'
,.
-,
Key Reporters (717) 764.7801
"'lcnaCl be bacl>aca 1.c:nuaCK1 \'.
Lawt~nce.~al&oo Be Ryder Rental Be Caraway
III Mr. Watson was already Into the median at that time.
121 Q: Okay. So at what point did )'ou first see the
PI Watson tractor traUer truck?
1'1 A: U I sort of move back a Uttle bit, the Chevy
ISI sUd over to the right and, Uke, to the right lane; then I
161 came around to go and see In the pickup because at that
171 point when I fu'stlooked at the pickup, I couldn't see
lal nobody because he wasleanlng over.
191 I went over to the pickup; but this other
(10) gentleman - I don't know just exactly where he came from,
1111 but anyway. And we could see the gentleman leaning over the
1121 console In the right scat. And I could see th~ SpUt on the
11~1 side o( the face.
1"1 Q: Okay. But at what point did you first see the
lIS) WalSon - the tractor trailer that Mr, Watson was
1161 driving? Or let me ask It this way. Old you actually see
1111 that tractor trailer approaching? Or was the first time
(lei that you saw It, was It aIreadl' parked In what you've been
(101 describing as the median?
120) A: I would say that Mr. Watson drove Into the
1211 medJan as I was sort of going towards the pickup.
1221 Q: And would that be going towards It to make those
(2~1 observatlons-
12') A: That's rIght, yeah.
IZS) Q: How much time elapsed U you can teU me or
estimate for me - Walt. Let me fmlsh. - from the time
that you first saw the Nlssan (rom the time that you fltst
saw the tractor trailer truck being driven by Mr. Watson?
A: It's hard to say. It may be, what, 20 seconds
or so from the time the Impact happened and all this; and
then I seen the truck drive Into the median,
Q: Okay. Now, at one point you said (rom the point
that you saw the Nlssan pickup for the fltst time and from
the point of time that It hit the white Chevy-
A: Urn,hum.
Q: - that took 5 seconds, I think you said at one
point?
A: Th~reabouts, yeah.
Q: So arc you certain that there was an
approximate 2(}.secDnd period of time between tile observation
o( the Nlssan and tile first observation o( Mr, Watson's
tractor traUer?
MR. BIALKOWSKI: I object to the form o( the
question because I tllink the time was phrased in terms o(
tile Impact of the Nlssan as opposed to first seeing the
Nlssan,
MR. BURCH: aka)'. Let me rephrase the question
then.
111
III
I~I
(4)
ISI
(61
(7)
(6)
191
110)
III)
1121
(1~1
114)
1151
1161
1111
116)
(191
1201
121)
(221
12~1
124)
IZSI Q: Or actually, I'm going to kind of Slart (rom the
Key Reporters (717) 764.7801 Mln.U.Scrlptl!l
BY MR. BURCH:
Page 48
Page 49
. Roge.r Gascor
January 25. 199(
LAwy.,~ Not.s
Page 48 . Page.
MIchael II: Barbara I.cndacki v.
Lawrence Watson a: Ryder Rental." Caraway
Pago 50 LliVy,,'. Not..
January2S, 1?96
t, r.
(II beglnnlng here because I feel that this Is Important, Out
12/ Mr. Gascon, when you made your very Ilrst observation of the
131 Watson tractor trailer, where was It?
1'1 A: It was going Into the median, It was running
ISI Into the median.
leI a: Old you make any observations of It before that
17/ time?
181 A:No.
19/ a: And when you lell us that It was driving In the
1101 median, can you be more deSCriptive In telling us exactly
(II/ where It was when you flIst saw h?
(121 A: J don't quite exactly get what you're getting
(I~/ at. What position It was In or _
11.1 a: Okay. If we could, let's refer to the diagram
1151 that you drew earlier,
1161 A: Um.hum,
1111 a: And again, Wlderstandlng that nothing 15 to
1181 scale-
1191 A: Yeah.
1201 a: - and none of us are artists here. Describe or
1211 Indicate In relation to where you've already drawn your
122) truck and trailer where the Watson truck and trailer was
1231 when you first observed It.
12.' A: Okay. Weil, like I was saying earlier, this was
12S) the White Chevy, which moved Over to this side. TIle Nlssan
111 Impacted and pushed It out. And the Nlssan was back here;
121 and Mr. Watson was, like, alongside of me sort of,ln tile
I~) medJan.
1.' a: Okay. And _
IS) A: IDs tractor was complete In the median,
IS) a: Okay. And - but his - were parts of his
111 trailer In the medJan or on the hlghway? Could you just
lal describe how you drew that dlagram? I don't want to _
III A: Weil, the trailer was sUU,l/ke,1n the
110) left.hand lane of the highway,
~11/ Q: And at what point did yeu observe the Watson
.12/ tractor trailer going Into the median? In other words, what
13J were you doing at the moment that that truck went Into the
1./ medJan as you've indicated on the dlagram?
15/ A: Well, the Impact took place _ the Chevy went to
III the right; so dJd I. And tills Is when Iseen Mr. Watson's
171 !nIck going Into the - to the median,
18J Q: Old Mr. W'Itson's truck go Into the median at the
91 approximate same time as tile Nlssan Impacting with the back
31 of )'our trailer?
1/ A: No, No, I would say that Ihcre Is a _ I don't
1/ know,5 or 6, 7 seconds, )'ou know; then I seen tile !nIck
31 come Into the - Into the medlan,
" Q: Oka)'. Now, the Indlvlduals thaI Wc'\'e been
il talkln about. the woman that was In the Che '. the
age 50 . Page 51 Min.u.ScriPNl
Page 61
Key Reporters (717) 764.7801
Michael & Barbara Lcndack! v,
La",:,rc'.DCC; Watsbn' '" Ryder Rental 8< Caraway
111 gentleman that broke a window on the Nissan and opened up
121 the door, do you know the names oC any of these Individuals?
I~I A: NO,I don't.
I') 0: Have you spoken to any of these people since the
ISI accident?
(61 A: No, OCC the record, the girl tllat was in the
111 white Chevy, she had lust finished booking a trip soutll.1
181 don't know If it was Ohio or something like that, I don'l
19) even know how her trip turned out.
110) 0: Okay. Do }'ou know the names oC anyone that was
(II) at the - at that accident scene that day?
1121 A: Names? . .
1131 0: Names?
114) A: No.
lIS) 0: Old you talk 10 Mr. Watson at the accident
1161 scene?
1171 A: We might have exchanged, HI, how are }'ou doing?
118) Are you hurt? Something llke this, But I don't dJstinctly
1191 recall talking to him.
12GI 0: Old you talk to him about tills accident?
1211 A: No. No, not tI,at I can recall anyway.
1221 0: Okay. I'm going to show you a picture, wWch
123) we've now marked as Gascon No.4. Could you JUSt take an
124) oppDrnmlty to look at that?
12S) A: Um.hum,
Page 52
Page 53
(1) 0: Okay. Can you describe to me what you see in
121 that picture?
131 A: Well, I see tile Nlssan pickup. And this Is the
14) window that was broken In order to open the door,
ISI 0: Okay. And the trailer tlmt says XTL on the
(61 back, Is that your traller?
111 A: That's right.
181 0: And then where your thumb Is setting as }'ou're
(91 holdlng the picture, what, If anything, Is depicted there,
110) If you know?
1111 A: Well, thls Is - tills Is the traller oC
1121 IIIr.Watson,
(13) 0: Okay. Now,could you Cocus in and just look at
1141 the pickup truck right now Cor me?
1151 A: Yeah.
1161 0: Do you see any damage to the back or the rear
1171 portion of the pickup tnlck?
l1el A: Yeah, n,ere Is damage. Well-
1191 0: HO\v would you - in your own words for me, how
(201 would you characterize that damage to the pickup !nIck as
(21) }'ou're 10Dklng at tile picture now?
1221 A: It's - It's what we call a total wreck, It's
1231 damaged from the Cront to the back.
12'1 0: Okay. Now, in respect to tile damage that's
1251 towards the back portion of the !nIck, you know, in tile back
Key Reporters (717) 764.7801 I\Un.U.Script1!l
.
.Roger. Gasca n
Jaliuary 25, 1996
Lawyer'. Noles
Page 52 . Page 5
Januaq- 2', 1.996
Michael " Barbara I.c:ndack1 v.
Lawrence Watson " Ryder Redc.f A Caraway
Page 54 L.wy.,. Nolu
II) and around the bed of the pickup _
12) A: Um.hum.You're ralJdng,llke,back here?
131 Q: That's right. From the observations that )'ou
I.) made Chat day, how did that damage OCcur? What caused that
IS) damage?
leI A: Well, from the force of the Impact for one
II) thing. From the force of the Impact, that thing twisted,
18) And che - the cap that he had on the, IIkc, over thc box
19/ portion, that jusl flew. It broke 1n,llke,In all these
(101 four corners and just flew right up,
Ill) Q: But there - would you agree with me that tllere
112/ Is damage on the passenger side of lhe truck?
1131 A: On the right sldc?
II.) 0: RJght?
(IS/ A: Yeah,
lIel 0: And It was the lefl side of the truck that came
117) Into Contact with your traller?
(leI A: That's right.
118/ 0: Now,in respect 10 that damage that's on the
120) right side and In the back - tllCoughoUl tile b'ck of tile
(ZII truck, how did that damage occur, If you know?
122/ A: Well, I don't know just exactly how tills
IZ~J happened; bUll know from lhls l}'Pe of an Impact,
12') this - this pickup just SOrt of twisted. So lhls right
12S1 panel here's all twisted from the force of the Impact.
111 Q: Okay. And )'ou did not at an)' time _ Dr did )'ou
121 at any Ume see the Watson tractor traller !nIck touch or
I~J come Into contact with the Nlssan?
I.) A: NO,I can't say that I seen the Watson truck
IS) touch the Nlssan,
181 0: At any Ume after the accldent, did YOll give any
(I) statements aboutlhls accident?
(aJ A: The only statement that I gave was to the
10) police.
(101 Q: Okay. Now, did anyone contact you on tile phone
111) that you can recall?
1121 A: No.
113) Q: Old anyone come to where you live or to whcre
(1<) )'ou work to talk 10 you about tile accldenl?
11S1 A: No.
lie) Q: How long were )'DU at tile accident Scene that
(Ill da)'?
118J A: I think, If ~ recall, It was somewhere _ well,
119) this happened before lunchtime, sDmctlme In the morning.
:201 And I think It was Sometlmc aboUl 3:00 In tllc afternoon by
21) tile Ume that I could get ro1llng again.
122/ Q: During that time )'ou were at tile accldent scene,
:1~1 did }'ou overhear anyone sa)ing that they saw Mr. Watson's
14/ tractor trailer truck come Into contact with tile NIssan?
151 A:No,
Page 54 . Page 55 MinoU.Script1!l
Page 55
.,
Key Reporters (717) 764.7801
MIC:naC:1 <lie barbara I.clldackJ v,
Lawr~nce''':'alson &: Ryder Rental Be Caraway
III a: Okay. Thank you Mr. Gascon. I have no further
121 questJons,
131 MR. BIALKOWSKI: Just a few fOllow,up,
1'1 Mr. Gascon,
ISI REEXAMINATION
161 BY MR. BIALKOWSKI:
171 a: No. I, am I correct that at the time the Nlssan
161 Impacted the Chevy and the rear of your Italler }'Oll were
IBI standlng next to the Chevy on the right, front passenger
1101 door-
1111 A: That's right.
1121 a: - area? And as a result of that Impact, YOll
11~) backed up.-
114) A: That's right.
11S1 a: - correct? And at that point In tlme, you had
1161 not seen Mr. Watson's tractor Italler?
117) A: No.
Ila} MR. BURCH: Object to the form of the questlon.
IIBI BY MR. BIALKOWSKI:
IZO) a: You then stated, cIld }'ou not, that you then went
121) over to look Into the Nlssan through the right, passenger
IZ21 door-
1231 A: Well .:....
124} a: - Is that correct?
1251 A: Well, passenger or side window we call It there.
Page 58
II} a: Okay. How cIld you get from where you had backed
12} up after the Inltlalimpact to the pDsltlon you were in when
131 you looked into the NIssan pickup?
14) A: 1 went around - 1 went around the - well, the
IS) Chevy as It was moving from the center to the right side of
161 the road, It got Impacted by the little Geo. So I went
17} around,lIke, the Chevy and the GeD In Qrder to get over to
IB) the-
19) a: Was the Geo to the rear or the front of the
IIO} Chevy?
1111 A: It was to the rear of!t.
112) a: Old the Impact of the Geo and tlle Chev}' OCClIr
113) where - br after the Impact of the Nissan Into tlle Italler
1'4} and the Chevy?
1151 A: Chevy Wt me fLtSt. TIle NIssan Wt the Chevy,
116) And when the Chevy was pushed over, tllat's where tlle Geo
Ill) came In contact with tlle Chevy,
IIBI a: So then In terms of the impact, YOll have Che\1'
1191 first? .
\201 A: 11m's right,
IZII Q: Then the Nlssan imp3ct?
1221 A: That's right,
123) Q: Then the Geo Impact?
IZ4) A: Yeah,
1251 Q: Now, when YO\l and the Geo impacted the Che\1',
Key Reporters (717) 764.7801 lUin.U.Scrlpt1J
Page 57
Roger Gascor,
.' .
January 25, 1!)!)C
Lawyer'e Notes
Page S6 . Page 5
January'2S. 1~96
:
MJcluel a: Barbara I.cndack1 v.
Lawrence Watson a: Ryder Rental:&: CllI'away
Page 58 uwy.r. Not..
(II correct?
121 A: Exactly.
131 0: And dJd you walk by the right 51de of the Geo to
1'1 ft5 rear to get over to where the Nl5san had come to re5t
ISI against the back of )'our trailer?
leI A: That's right.
171 0: And as you did thaI, dJd )'ou check on Ihe
lei operator of tile Geo al all?
(DI A: Not at thaI 5peclfic time,
(101 0: And when you walked over to the NIssan _
(111 A: Um.hum.
1121 0: - and looked Inlo the driver _ . .
II~I A: Ye5.
1"1 0: - at that point In time when you're making that
liS) 5peclflc, initial observation of the driver of the NI55an,
1181 had you yel5een or heard tile Wal50n tractor trailer?
(Ill A: At that time, Mr. Wa150n was,ln other words,
(181 like,lnto the median.
lID) 0: Okay. All right. Now, Mr. Burch a5ked you If
120) you had been interviewed by anybod)', And we've been led to
IZI) beUeve that you were contacted by telephone on or ahout
IZ2) July 22nd, 1995, and asked some questlon5 about the
IZ~) accident. Do you recall ever being contacted by anybody who
12') would have identified themselves as being from API
IZS) Investigations?
111 A: I don't recall API, TIle ani)' thing that
IZI 1- Ilke I - when I went hack Into the office,l made my
I~I accident report. And the adjuster for the company, okay _
(41 0: Weli,tllat was about the time of the accident,
ISI right, wltllin a couple weeks after the accident?
I.) A: Yeah,Yeah.
II) 0: Okay. I'm talkJng about - this would have been
10) lust la5t rummer. And jU5t give me a second.
10) MR. IIIALKOWSKI: Off the record.
101 (At which time, a dJ5cusslon was held off the record.)
111 MR. BIALKOWSKI: I think we 5hDuld mark
121 for - that drawing that you made as Exhibit 5 50 we have
131 that,
141 MR. BURCH: Yeah,l would agree.
'51 (Document wa5 marked for identlficallon as Gascon Exhibit
!I No.5,)
71 REEXAMINATION
II I BY MR. BURCH:
II 0: Mr. Gascon, )'OU 5ald that )'OU made Out an
11 ncddent report?
I A:Ye5,
'I 0: Do you know where thaI accident report Is now?
'I A: It 5hould be wIllI the safe!)' officer In the
.1 Montreal o(Jlce.
I Q: Do 'ou know the name of the safet . officer?
'Ile 58 . Palle 59 ~lln.U.SeriptlD
Page 59
" ,.
Key Reporters (717) 764.7801
Michael & Barbara Lcndack.l v,
Lawrco.nce Watson lit: Ryder Rental lit: Caraway
(II A: At the Ume of the accident or the one that's
IZI presenUy now?
131 Q: Now.
(41 A: Their famUy name Is r.lalatle, M.A.L.A.T.T.E.
(Sl Q: And that's the Toronto office?
lei A: No. That's the Montreal ortice.
(11 Q: Okay.
18) A: I'm trying to remember her Ilrst name.
1;1 Q: That's okay.
1101 A: NatheUe, N.A.T.H.E.J..I.E,
1111 Q: Now,Uyou could think back -
1121 A: She's the - she's the one In charge of the
113) flies.
(141 Q: I'm sorry. I didn'l mean 10 Interrupt you,
lIS) A: Okay.
1161 Q: When - Uyou could look back to the Ume when
(171 you made that fll'st observaUon of the Watson tractor
1181 trailer In the median area as )'ou've described -
(1;1 A: Um.hum.
12GI Q: - was It stopped or moving the fll'st time you
1211 saw It?
In) A: It was going Into the median.
(231 Q: Okay. So - but I think )'ou're kind of
1241 answering my quesUDn; but was It stopped? Or was It
125J moving?
Plgl eo
Page 61
11) A: Well, It was In II mOving poslUDn going Into the
121 medlan.
(3) MR. BURCH: Okay. That's aU I have. Thank
(41 you.
IS) REEXAMINATION
(8) BY MR. BIALKOWSKI:
171 Q: Just to clarify, I belleve you said )'OU made
Ie) that observaUon as )'DU were going to or walking over to the
101 pickup, correct, that Nlssan pIckup?
(10) A: That 1 made what observaUDn?
(111 Q: Of the Watson tractor traller moving Into the
1121 medial strip?
113) A: Wen, the Impact from the Nlssan took
(141 place - no. No, No. Dut I'm just trying to -
1151 Q: Yeah,
1161 A: - make It clear for both, The NIssan lut the
1171 Chev)', The Chevy moved over; and alltlus took place, like,
(lei within a ~w seconds, And then I think at that point In
1101 time the Geo lut the back of the Chevy and
1201 Ule - Mr. Watson's truck was going Into the median,
(211 Q: All right. But-
(221 A: All this took place within, you know,llke I
1231 say, a few seconds.
1241 Q: We're tr)ing to go In steps because there's a
12S1 question as to where was Mr, Watson's truck when the NIssan
Key Reporters ('/17) 764.7801 !'tUn.U.Script!)
,Roger Ga!COI
Jarluary 25. 1991
Lawyer'e Not..
Page 60 . page I
Michael '" Barbara LendackJ v.
LawrenceWauon '" RyderRcn'ta1:", ~away
Pig. 82 bWY.r~ Not..
]anuary25,1;)96
~
111 Impacted the rear of your !raUer, and nobody saw It at that
/21 point In time. So we're trying to see when It was first
13/ seen.
1'1 So whatI'm tr)ing to vlsuaUze Is you said
(SI where It was when It WH first seen by you, You said It was
161 moving In the medial strip, correct?
(7) A: Yeah,
Ie) Q: But my question Is, When you farst saw that,
II/ where physlcaUy were you pOsitioned on the roadway?
(10) Because you indicated that )'DU saw that at some point In
1111 lime after the Nissan had Impacted the Chevy In the rear of
(121 your traJJer; but you also then described how when that
(10) Impact occurred, you stepped back. You then talked about a
114) Geo striking the rear of the Chevy.
(ISI A: Yeah.
lIe) Q: You then talked about walking around the
Ill) passenger side of the Geo to the rear of the Geo to get over
118) to the Nlssan pIckup truck to look In. And I'm trying to
(I;) nnd where was It that you were physlcaUy when )'OU observed
120) for the first time - regardless of where it was _
(21) A: Urn.hum.
122) Q: - Mr. Watson's tractor traUer? Were you sllll
123) standlng next to the right, passenger front of the Chevy?
(2') Were you walking alongside the passenger sIde of the Geo?
IZS) Were you at the rear of the Geo? Or had you gone beyond
111 that when you're walking towards now the Nissan pickup
12) truck?
(31 A: 1 would say when I first seen It that I was
14) still beside the whJte Chevy.
15) Q: You believe you were sllll beside the white
16) Chevy-
(I) A: Yeah.
13/ Q: - when you saw Mr. Watson's tractor traUer-
ISI A: Completely on the - on the right. You might
(10) say the right shoulder of tile road,
11I1 Q: Now, did - at the time that you saw
I1ZI Mr. Watson's tractor traUer, had the Geo hit the Chev}' yet?
(13) A: I can't honestly say )'es or no.1 don't know
;1./ whJch one, like, If It's the Geo that hit farst then
ISI Mr. Watson came In or Mr. Watson came In and tilen tile Geo,
16) I mean, It was such short time In between, like, tile Chc:v}'
171 impact the Nissan and so on and so fDrtil.
ISI Q: Okay, NoW, )'OU did indicate, did you not, that
'51 )'ou obsen'ed coming OUt of the fog the Nissan pickup before
'01 It struck tile rear of )'our tralJer?
'I A: Th:lt's right.
2) Q: And you continued to observe It up until the
31 point In lime when It Impacted both your lraJJer and the
I) Chevy, correct?
;1 A: WeU, I - I ushed tile occu ant of tile
'age 62 . Page 63 Mln.U.Scrlpt1!l
Page 63
Key Reporters (717) 764-7801
Michael & Barbara Lendack! v.
Lawr~llce W~tson &: Ryder Rental &: Caraway
111 Chevy - l pushed her out of the way, I said, That guy Is
121 not going to stop. I pushed her out of the way, and the:
[~I Impact took place:. And then the cars started to come:
1.1 towards me:.
(Sl 0: Okay. And at some point In time, were: )'ou able:
[el to see: the: e:ntlre: Nlssan pickup truck?
(71 A: We:ll, after tile accident happened,l'e:s,I did
[BI see: the, llke:, the: complete truck, )'es.
(91 0: AU rlghl. That question wasn't clear. What I
(101 meant was at some: point In tlme were )'DU able: to de:te:rmlne
[Ill If anything was to the rear of that NIssan pickup truck?
1121 A: You mean anything coming behind?
[131 Q: Be:hlnd It after you saw It come: out of the: fog?
[HI A: I didn't see: anything behind It, no,
[ISI Q: .And you ne:ver heard any Impact or - strike:
1161 that.
1171 Did you hear any Impact of any sort before the:
[IBI NIssan Impacted the: rear of your traUer and the: Che:vy?
[191 A: No, I can't say I did,
[201 0: Okay. Was the:re an)1hIng regardless of - we as
[211 lawyers have: been trying to ask these questions. Was the:re
(22) anything that you observe:d as )'ou watched thJs Nlssan come
[231 out of the: fog and impact the rear of the traUer and the
(2.) Chevy which would indicate to )'ou that something had struck
[aSI the re:ar of that NIssan and pushed it Into that are:a?
(I) A: I can't - I can't say that he had been pushed,
(ZI }'ou might say, or Impacted from behind,
(~I 0: Did you se:e: anything which would have: glve:n you
(') an)' indication to beUeve that he had been Impacted from
(5) behind?
161 A: Not from - not from what I can recall,
(I) Q: Okay. Okay. Thank you, Mr. Gascon,
lei REEXAMINATION
(9) BY MR. BURCH:
[101 Q: Can you sa)' for certain whether or not he was
(II) struck from behind before: he came out of the fog?
(121 A: Well, U he would have been Impacted, we'll sa)',
(1~) like, in the fog,
I") Q: Okay -
(IS) A: No. No. No. What I'm getting at, thls Is
(161 probabl)' go going to answer )'our question. If - If he
111) would have been rear-ended In the fog, I would have heard,
(lB. llke, some~sorl of a thump. And I didn't hear an)'thlng,
119) The onl)' tiling that I heard coming In the fog was the - tile
(201 tires.
121) Q: Okay.
(221 A: The noise of the tires,
1231 Q: aka)', TI13nk )'ou, No further questions.
124) MR. BIALKOWSKI: No further questlons,slr,
(25) (The: deposition concluded at approximatel)' 1:30 p.m.)
Key Reporters (717) 764-7801 I\lin.U.Srnpt!l
Page 84
Page 65
.Roger Gascon
January 2'. 1996
Lawyer'. Not..
,'.
Michael &. Barbara Lcndackl v.
~wrence Wal50n & Ryder Renlal & Caraway
anglo 15:3.21;
37:H. 2.1, H 017:10
answering 60:2-1
anticipate .\:7
anybody 30.6; 33: I;
58.20.2.\
anymore 31:2
anyone 38:3; 52: I 0,
55:10,13.23
enyway 33:17;
.17:19; ,'8:11; 52:21
anywhere 29: 13
API 58:2.1; 59: I
epologlze 31 :22;
35:16
apparently 30:13
appeer 19:18: .15:8
epplled H:8; 35:21;
37:.1
apply 9:1'(
appointment 7:0\
epproachlng 36:22;
.18:17
approximate 0\9:15;
51:19
approximately 8:16;
.10:8, 12; 4 2:6, 12:
65:25
eree 18:6;35:16;
56:12; 60: 16; 6.1:25
orees 15:10
orlses 3:16
around 16:18:23:8.
19; 37:6. 7:..5:1..;
48:6; 5,1:1: 57:.1,".7;
62:16
ortlsls 50:20
asslsI18:17; 21:25
asslslance 21 :15;
23:8.20; 2.1:23; 28: 15
oS5uro 5: I"
attempt 21:15
ettentlons 2,1:17
attorney 32:1
eudlble ,':18
aware 2,1:21; 36:25
awey 11:6;38:16;
39:11;40:8;"5:H,I'1
1
1 12:22,2,1; 13:2;
56:7
1/232:15
108:19; 34:1: 36:20
1 0.leoI46: 12
10:300:19
1147:16:33:12
1227:2
12.feet ..6: 12
133-1:3
141h 6:6
153:17; 7:1.1,15,16,
17, 22: 6:7, 13: 9:3. 8:
10:12; 11:24; 15:11;
25:19; 27:3; 33:10;
3.1:1. I, I; 36:16. 20;
36:21,22;0\0:1,1;
.12:9,9,11,12,15.
16, 25; 4-1:22
1010:23,25; "2:9, 21
18.wheelor 10:25
10346:8
1904 3:18:6:19, 21:
7:11
1 995 58:22
1 :30 65:25
2
2 20:3, 5, 8
2,00033:16
2.mlnute 31:7
2023:16;36:7;..0:1;
.11 :9; "2:12, 21; 49:,1
20.socond "9: 15
213:16; 6:21; 7:11
22nd 58:22
2539:13;"0:8,12;
"2:21; "4:3
2C16:6
3
320:3.5,2"; 32:15
305:16;7:21,23:
,'.1:3
3332:20
3:0055:20
4
431:12,13.15;36:3:
52:23
5
636:3;"9:11:51:22;
59:12.16
60 12:12
6
651:22
7
751:22
747:21,22
706:3
7:007:5
8
8007:7
8T6:6
A
able 4:7; 35:1; 36:21;
39:21;40:,', H.21;
41:1;42:5,12:0\3:3,
9,25; 401:13.17,23.
23; 46:23; 47:6.17,
21;6.1:5.10
above 38:22
accldenI3:17.20,
2"; 13:16; 20:11;
22:19,22; 28:18. 2,';
29:4.13,23,2,1; 32:3;
42:20; 52:5, \I, IS,
20; 55:6,7,14.16.
22; 58:23; 59:3. .1,5.
20.22: 60:1; 61:7
accldenls 32:3
accurale 5:15
accurslely 5:H;
13:18
across 29:20; .12:,1
actlveted 43:18
Aclually 7:20,6:1;
39:21: 48:16: 49:25
additions 4:2.1
addross 32:19
edJuster 59:3
administration 33:7
advenco 31:22
alternoon 55:20
again 11:13;35:16;
50: 17: 55:21
egalnsI3:15; J.l2-l.
2-1; 18:1; 21:3; 37:11.
13: 58:5
egree 5.1:11; 59.1.\
AGREED 32
eheod \01:5: 31:8
elongslde 51 :2,
62:2.1
alreBdy 9:16; III .\;
11:10;26;'1,16;.18 I,
18; 5u:21
ambulance 289, 12
and/or 29.12
B
bock 5:17; 6: 19, 8:5;
11:10; H:2.1; 16 G;
20:17; 21:-1; 2.18;
37:2,7,13; 38:7, 8;
39:18;.10:-1;+1:16,
.15:9.10.12;0\7:11;
,18.1; 51:1,19; 53:6,
16,23,25,25;5..:t
20, 21l; 585; 592;
(iO:11,1(1;(;1:19.
61:13
backed 30 7. 15:
0\51;,15; 56'13, 57:1
background 326
Barbara 3:16
bOlod 01-1:5, 8
bOllcslly 38:2.1: .1-1:8
become 36:25
bacomes 4:23
bed 5-1:1
beginning so: I
behInd 37:6,21;
.10:,1, 15. 15.20,22,
25;"1:2,3.9,10,17;
0\3:3,5, II, 12. H;
.1":11, H, 15;6,1:12,
13, \01; 65:2, 5, II
believe 23:25;
28:13; 35:15; .(.1:7;
58:21; 61:7;63:5;
65:.1
belong 33:5. 6
belongs 33:2. 3
berm 12:3,6
besldo 63:,1,5
beyond 62:25
BIALKOWSKI 3:11.
12; 5:21, 23; 12:21,
25; 20:2, 6; 28:01:
31:8, 12; 36:9; 41:3.
7;"9:18;56:3,6,19;
59:9, II; 61:6; 65:2,(
big "3:20
bill 7:10
blrlh6:7
bit 15:21; 37:23: "8:.(
blood 47:5,17
booking 52:7
boom 39:16
both 4:10; 10:6;
11:12;35:13;61:16;
63:23
Bouleverd 6:3
box 5.1:8
brake 10:6: 11:13;
\01:8; 35:14, 21
brakes 9:1.1; 18:7,
10; 25:1. 3,101,16.
25; 26:17, 21;37:5;
0\3:18
break 31:7
brlel31:9
bring 9:23: 35:1
brlnglno 10:17
broke 21:21;2.1:15,
26:13.19,27:19,
52:1; 51:9
broken 26:.1; 53:-1
broughlIU:I; 11:5;
13:6.22;23:1;28:21;
29:1,1; 36:15
buckel19.1-I
Buckhorn 3: 1-1
bumper 1-1:17; 16:(,;
37:1-1
BURCH 28:1:31:5,
6.10,13,17; 32:1;
36: 12. H: 41 :S, 12:
.19.22,21; 56:18;
5819,59.1'1.18;
61:3.619
c
cob 16:11;21:21;
23:7.19
coIl616;16:5:
nH: 27:2: 33:2S:
35:6; 37:1-1: 43:20;
53:22,56:25
called 3:8; 28:13
coiling 28:12
come 10:2,10;
11:17;13:2-1;16:.1;
20:19; 21:6; 2.1:\01;
25:8; 26:2.1; 27:1,18,
25; 2B.9: 30:\1;
33:12: 35:2S: 40:9;
41 :9; 44:25; 46: 19;
486,10; 54:16;
57:17;63:15,15;
65:11
con 3:21;4:10.14:
5:6.9.14: 20:2.1;
23;.1; 28:20; 30:20,
21; 33:9; 3.1:14: .11:6,
13;43:19; 46:25:
50:10; 52:21; 53:1:
55:11;65:6,10
Canada 32:16,18
cop 54:8
Caprice 14:16
cor 14:4.2,1; 16:4,6,
9,12.19,21,2".25;
17:17,20,22,23;
18:3.3.10; 19:5:
22:13; 23:22, 2.1;
24;3,5.6; 3,1:9,10,
11;36:15.23;37:6;
36:16,19,20\:45:8.
11.16,21,22
Caraway 3:13
Corrlor.3:1oI
C0159:15,17;3,1:12:
35:7; 64:3
caused 34:5:45:2-1;
46:16; 54:-1
cemenI9:19; 10:3:
12:12; 35:'(
cenler 12: 13: 15:13,
21,165: 37:17,17;
;\621; 46:7; 57:5
certoln ,1:17; 5:2:
27:11;..1:1...15;
.191.1;61:10
chain 19:6
charoclerlze 53:20
charge 60:12
check ~:23; 58:7
Che.'Y 14:15;36:5.
19.22,2;: 37:8.15,
20,38.4,7.17;44:11,
12,17;41:19.23,23;
Roger Gascon
January 25, 19%
.16:1....15:..8:..;
49:9; 50:25; SI:15.
25; 52:7; 56:8.9;
57:5,7,10,12,14,
15,15.16,17,18,25;
61:17,17,19;62:11,
101,23; 63:", 6.12,
1(,,2,.; 6,1:1,18.2.1
choked 13:25
Church 7:8
clarify 61:7
clear 61: 16: 6.1:9
clearanca 9:\01:
39:25; 42:20, 21, 22;
.13:1,1'1,16
cleared 3.':8
clearing 39:14,15
Closo 31:21;33:17;
"7:'1.7
closed 17:14, IS, 17
club 21:21
code 6:,'
colliding '\3:17
collisIon 36:5, 19;
46:5
collisions 33:6. 101
color 16:7
comIng 22:16; 39:6.
13,24; ..0:2.1; 43:6, 8,
21;0\5:5,16:63:19;
6,1:12;65:19
Communication 7:7
Communlcallons
7:12
company 6:13: 59:3
complelo 11:6;23:2;
35:25; 51:5; 60\:8
Completely 63:9
concerned 5:12
concerning 26:6
concluded 65:25
condlllon 13:16
condlllons 6:21; .
39:19; 40:3:41:13,
25; 42:11 '
conllrm 30:10
conscious 19:16
consclousne..
30:15
console 19:15,16;
'18:12
conlacttO:18; IG:4;
26:24: 27:9; ..6:t, 19;
5":17;55:3,10,24;
57:17
cohtacled 58:21,23
conllnued 63:22
convorssllons
28:17; 29:21
converllbles 35:6
copy 5:3, 5
corner 21:4
corners 54:10
correcllons 4:24
Roger Gascon
Janullfy 2.5,.19!-6
couldn't 19:11, 24;
28:22; 40: 19; "7:11,
48:7
counlO13:3
couple 34:12;38:16,
19; 59:5
courae 4:1, 25:22
court 4:10, J.I, 16,
22; 5:13,14
courtesy 21:19;
'17:10
covers 33:25
crippled 30:23
cu.lomer 7:3, 6. ...;
8:6; 36:6
cu17:20
D
damage 16:20;
,/4:18,20,45:3,
53:16,16,20,2,1,
54:4,5,12,19,21
damaged 16:22,23;
53:23
date 6:7
day 3:20;7:1,8:17,
23; 29: 13, 30:22;
32:4,6; 33:9; 42:11,
,14:6,52:11; 54:.1;
55:17
dsys 5:17
dead 27:1
December 6:8
Defendanls 3:8
delellon. 4:25
delivering 7:4, 6, 7,
9. 10
delivery 7:12,13
depict 21:2
depIcted 53:9
depIct. 13:18
deposed 4:21, 6:10
depo.ltlon 4:22;
5:22; 65:25
describe 16:16;
3'1:1,1; 46:13; 50:20:
51:8; 53:1
described 13:23;
18:7; 19:3,20:13,21;
22:2; 26:12;60:18;
62:12
describIng 10:19;
.18:19
descrlpllve 50:10
destination 7:25
determine 6":10
delermlned 23:3
dew9:1
diagram 50:1.1;51:8,
II
~lt/erent2":21;
\1:25
~ittlcult 40:6
:ouldn'l. into
dllecled 2~:17
direction 7:17:8:"':
11:25; "':22;31:15.
16,18.21
dlreclly 36:2
dllcu..lon 59: In
distance 36: I;
40:12;41:3,6.15:
42:23; .16:9
dlsllnctly 28 20;
52:18
Document 12:23;
31:1,1; 59:15
Documents 20;.1
dona 26:16:33:7;
36:20; 45:15
dOOlI6:21,23;
17:11,13.17;21:13,
JoI, 17, 17,23,25;
22:6; 2,1:15; 26:5.1'1,
20: 27:20, 22; 38:10,
13; 46:20; 47:9; 52:2;
53:01; 56:10, 22
dolled 39:2: 46:7
dawn 4:10;5:13;
7:20; 15:16;33:16;
39:6; 43:21,45:5;
.17:5
draw 15:3, 9, 9, 18
drawIng 15:2: 59: 12
drawn 50:21
drew50:15;51:6
drive 25:2, 4; .19:6
drlven'19:3
driver 27:16; 28:6, 8;
44:5,46:23; 47:2.1:
58:12,15
drlver's 19:22; 47:13
driving 14:15;H:9;
46:2; 48:16; 50:9
drizzling 8:25; 9: 1
drove 14:16; 48:20
due 9:18, 42:10
duly 3:8
during 4:1; 55:22
E
ear'17:4,4
earlier 20:14,21;
3.1:7; 35:24; 50:15,2.1
Eas133:2
elther45:10
elapsed 48:25
else 21:18;21:\.1:
38:3;-13:"',23:.1-1:0
empty 8: I 0, II
end 37:13
enOUgh 10:7;31:21;
35:23
enllre.I,I:23;,156,
17; 6.1.6
enllrely 10:'"
erro,. 4:24
elllmsta 42:2, 5,6;
43:25; 4.':2, .16:9:
'19:1
esllmatlon 4.1:,1
even 5:,1; 52:9
events 3:22
eventual 7:25
eventually 9:23:
22:22; 23:3; 28:9
everything '1:1 1,
5:13,18:20:-15:15
exaclly 11:11;12:1,
6: 17:12; 2.1:16.19.
27:23; 28: 19: 33:2,1;
3.1:,1; 38:20: .18: 10;
50:10,12; 5.1:22; 58:2
EXAMINATION
3:10;31:16
excepl3:5
exchanged 52:17
ExhibIt 12:22, 23;
13:2; 20:3, 3. .1. 8, 24;
31:..,; 59:12.15
exited 17:10, 13, 17;
2-1:2
experience .(.1:5
explaIn 40:7
extent 16:20
extra 12:7
eyes 45:20: ./7:4
F
face 17:5; 47:5, 6, 7,
12;48:13
facIng JoI:21, 22, 22,
23;34:15,17
focI 28:21
fects 32:7
familiar 22: 17, 21
family 60:4
far 11:6;33:13;39:8,
II; 40:2; 42: 1; 46:4
fasI18:20:43:25;
H:7;45:15
Februery 3:18;6:19,
21,7:11
feel.I:25; 50:1
feet 12: 12; 27:3;
33:16; 36:3; 38:16.
19; 39:13; 40:1, 8, 12:
41:9; 42:2, 6, 9, 9, 12,
21,21; 46:10
felt 23:2: 37:2, 3
fender 10.3: 17:21;
35:12: 37:18; '16:16
few 31:25:39:10,
56:3; 61:18,23
tlgured 35:7
filed 3:1 5
files 60.13
filing 3:,1
finally 10:\0: 11:5
tlnd 16:19;62:19
Michael oil: Barbara Lendacll1 . v.
Lawrence Wa150n Be R}'der Rc'nlal II Caraway
tlna9:1
tlnlsh 4:9.10; 49:1
IInlshed 52:7
lire JoI:3
IIr.t 7:,1, "; 1.1:3:
16:,1; 2n:7; 22:21;
2-1:20; 25:5, 9, II;
28:25; 30: 13,13:
33:22; 36:25; 38: 1.1;
39:,1.12,18.22,2.1:
'10:7, 11,23; .11: 18;
'f.l:I,IO;'15:18:,18:2,
7, 1,1, 17; "9:2.2,8.
16,20; 50:2, 11,23;
57:15,19;60:8,17,
20; 62: 2, 5. 8, 20;
63:3, I.'
live 33: II; .11:21
lIew 5-1:9. 10
focus 53:13
fog 9:2; 25:22; 3,':7;
39; I 5. 19, 25; 40:3, 9,
17,19,21,25;41:1,
10,13.25:.12:10;
013:1, .1, 7, 8.16;
"":25; 63:19; 6.1:13,
23; 65:11,13,17.19
foggy 6:23; 28:21
fallow-up 56:3
fOllOWing .13:6
follows 3:9
farce 2.1:7; 5.':6, 7,
25
forgeI25:'"
farm 3:5; 5:10: 28:1;
49:18: 56:18
forlh 63:17
forwarded 5:3
four 5.1:10
four.door 38:11
flacllon J.I:1
fronl 6:24; 10:3;
13:12; 14:23; 15:19;
17:20: 34:.1, 8, 20. 20;
35:10,12; 36:2: 37:6.
15,18,19; 38:10,13;
42:13; .16: 16; 53:23:
56:9: 57:9; 62:23
Fry 7:7, 12
full 5:25; 8:8; 10:2;
13:6,2.1; 27:1
Furniture 3:'"
further 28:5: 56: I;
65:23.2.1
G
G.A.S.C.O.N 6: I
G.A.T.I.N.E.A.U 6:,1
GASCON 3:7, 12;
,1:211: 5:2.1; G.l, 21;
12:23; 13: 1.2; 20.3,
3, ,I. 7, 7. 2..; 31:5,
13,1-1,18; 50.2,
52:23; 56 1,4; 59.1 5,
19; 65:7
Gallneou 6 3
gavaI5:1: 55 8
gear 14:3; 3nl,2.l;
3-1:1,2,3
genllemen 221;
27:18: 30J.l: '1810,
II; 52:1
Gao 19:7,7; 22\5;
H18, 2): 251; 57:6.
7.9.12,16,23,25;
58:3.8:61:19,62 J.I,
17,17,2.1,25;63.12.
1-1,15
gill 37:22: 52:6
gill's J.l:1~
given 40:3;41:1},
25; 65:3
good 4:5; 27:2
grabbed 35:22. 23
gra.. 10:3; 11:19;
13:12; 15:13;35:13.
17,22
grassy 12:3, 9.19
gravel 46:7
guess 32:7,8;
37:22;41:5
guy 10:4;21:21;
26: 19; 30:22; 47:9;
6.1:1
H
hsnd 21:22
happened 14:7;
18:2, 20: 30:~; 326:
33:8;44:6:49:5;
5~:23; 55:19; 61:7
hsppenlng 14:12
hard 49:4
haldly 8:23
head 4:16; 7:17
headed 3:17;7:19;
8:13; 9:3, 8
headlights 9:.,:
39:22
hear 18:7;43:17,21,
23: 6":17; 65:18
heard 18:1I;23:1};
25:1,3,6,9, II, 25;
26:16,21;30:14;
31:2.2-1;,13:19;
5R: 16; 6.1:15; 6517.
19
held 6: 18: 59.10
help 5:9; 16:24
helo's 5.1:25
herseIl17:8; 1821
H152:17
highway 23:15;
3(:'1,9.17: 51:7,10
hlt9:21; 10:~,6.6;
11:13; 12:9; 17:20,
2n, 2,,; 2,':6; 27: 10;
29: 12; 35:5, 8, 14;
.(.1: 13; 46:15; 49:9;
57:15,15;61:16,19;
63:12.14
holding 53:9
home 32:24
honel18: 1 6
honeslly 41:8; 63:13
hood 37:17
hospllaI2B:I1; 30:15
hour 4";3
hUll 52:18
hyslerla 22:14
I
I,C,C 1,1:17,16:6;
37:14
Idenl/llcal/on 12:23;
20:.1; 31:14, 59:15
Identllled 58:24
Immediately 3:23
ImmobllJze 11:14
ImpacI17:25; 16:9;
21:6; 23:3; 24:3,6;
36:7; 37:1; 39:10;
41:10,20; 45:23;
46:6,13,16,22;49:5,
20; 51 :15; 54:6, 7, 23,
25; 56:12; 57:2,12,
13,18.21,23;61:13,
62:13; 63:17; 64:3,
15,17,23
Impacted 16: 12,
18:6; 19:2,20:20;
26:5; 27:14; 36:7;
51 :1; 56:6, 57:6, 25;
62:1,11,63:23,
(,":18; 65:2, 4,12
Impacllng 51:19
Impala 14:15, 16
Impor1ant50:1
Inc 3:14
Indicate 50:21,
63:18; 64:2"
Indlceted 21:9; 24:3;
51:14; 62:10
Indlcallon 65:,1
Individual 19:17;
22:2,5,8; 26:4, 12
IndivIduals 51 :2~;
52:2
InltleI57:2; 58:15
Initially 9:8; 15:9
Injuries 30:2-1
Injury 47:1,17
Inside 46:23
Instruction 4:13
Intentions 32:22
Intcrrupl60:14
Inlervlowed 56:20
Inlo 7:3:9:9, 16,
103.18; 14:16, t6;
MIchael &.Boirbara Lendackl v.
Lawrence Watson & Ryder Rental & Caraway
16:5; 17:25: 22:6; leenlng 19:14, 15, mark 12:21; 31: 10;
23: 17: 24:6; 25:2; 17; 46.8, II 59: 11
26:2,2,21,2,1; 27:8; learned 30:3 marked 12:23; 13:2;
29: I 5; 30:8. 16; 35:7. leBsI27:2; 4-1:3 20:2, 'I, 23; 31: 1-1;
9, 12. 13; 39:13,14; led 58'20 52:23; 59: I 5
H:I, 16;46:1,19;' Her6 102922
'16:1,20;49:6;50:4, 10119:12, IS, 16; mau:;:
5; 5 I :12,13, 17, 18, 10:3,5,13,22; 11: 19; may 5:12; 18:23;
23,23;5.1:17;SS:3. 13:11,12;1-1:20: 31:5;49:-1
2.1; 56:21; 57:3, 13; 15:19; 16:22. 22, maybe 12:12; 23:16;
58: 12,18; 59:2; 17:20; 19:25; 21:25; 33:11, IS; .12:21
60:22; 61:1, 11,20; 26:2; 33:23; 3.1:6, 13; meeR 12:9; 25:8;
6.1:25 35:10.12,16;36:2,6; 29:23;41:20;60:1-1;
Invesllgated 29:22 37:16,25; 38:21; 63:16; 6.1:12
I I I 39:7;45:5;46:15.20, I
nvesl gat ons 58:25 21; 47:3; 5.\: 16 m.eons' :17
Involved 3:20 lell.hand 10:5,14. meonI36:9,10;
Itsell9:2, 18; 11:9, 21,2,1; 11:3, 4,8. 22; 6.1:10
23; .17:12 12:2,7; 15:15;33:19; Mechonlcsburg
51:10 7:6;8:8
LendackI3:15,16; medial 12:3, 10.19;
28:10,15;30:3,8 13:9.14.19; 15:16;
Lendackl's 32:2 18:16; 61:12; 62:6
letlero 20:9 medlsn 9:21; 23: 13,
life 32:19 17; 25:2, .1; 26:2. 21;
29:19; 35:8, 9, II;
lights 18:12.15 .18:1,19,21;49:6;
line 14:19; 15:16,25; 50:4,5, 10; 51 :3, 5,7,
16:5,5; 39:2; 46:7 12,14,17,18,23;
lines 15:10; 39:1 58:16;60:18.22;
1It1le 19:7; 21:19, 22; 61:2,20
22:15; 29:16; 37:23; mentioned 10:21;
47:10; 48:4; 57:6 15:14; 2,1:\01; 25:13
live 55:13 met 28:2.1
lived 32:16 Michael 3:15
lively 18:,1 might 16:4; 17:6;
loaded 6:9 18:9;23:15;29:1'1;
location 8:4;45:7 36:3,7; 39:9; 45:20;
I k d21'17 52:17;63:9;65:2
oc e, mild 8:22
long 32:14, 18: 33:9, 11'1 3
9; 36:4; 55:16 m es .,' :
look 22:9;24:11; mind 5:8; 31:6
36:21; 46:23; 47:6, 7, minute 39:9; 41:19
23; 52:24; 53:13; minutes 33:11; 36:7
56:21; 60:16; 62:18 mirrors 36:21
looked 22:11;27:15; mispronouncing
44:20; 47:22; ,16:7; 31 :22
57:3; 56:12 I 8
looking 17:5;21:\0; m 55 37:23; 3 :2
40:3; 45:17; 47:2. 9, missed 11:10
11.13; 53:21 mistaken 16:9
lot 23:1,1, 15 model 4,1:21
lug 43:20. 21 momenl51:13
lunchtime 55:19 momenls 17:IB;
.13:15
Montreal 33:\' 2,6;
59:2.1; 60:6
more 17:.1;33:11,
15; 3-1:11; 50:10
morning 7:5.11;
8:\8,20; 25:23; 55:19
most 4:6, 6; 5: \, 11;
36:3; 39:13;.11 :21;
'12:22
mostly 40:19
motor 3:16; 10:B;
\3:25; 32:2, 3; 35:2.1
J
J 6:6
Jackknife 11:11,11;
29:16
Job 6:15
John 6:6
Joins 12:13
July 56:22
Junction 7:16;33:1'\.
16
K
keep 40:21
kind 34:17:35:22;
40:6; 49:25; 60:23
Kingston 33:2, 3
knew 10:4,5;35:13;
45:9
L
lady 14:15;16:17,
24; 22:14; 23:22;
2.1:16,23
lady's 16:21
lane 9:9, 10. 12d 5,
16; 10:5, 11,13,15,
21; 11:22; 12:3,7,15;
13:11; 14:20; 17:2,1;
19:6; 25:21; 26:2;
33:19, 19,23; 3.1:6,
13: 36:2; 38:21, 21,
25; 39:3, 7; 45:9.
46:6;46:5;51:10
lanes 11:25; 12:17;
15:11
lest 4:13; 31 :20; 59:6
lastly.I:20
Lewrence 3:13
lawsuit 3:15
lawyers 6.1:21
leading 3:23
leeds 4.1:6
M
M.A.L.A.T.T-E 60:.1
making 56:1,\
Malatte 60A
male 22:3
man 26:12: 29: 1
maneuvered 35:\1
Manufacture 3:\01
mony .1:6; 42:6
margin 15:12, 15
move 14:2;33:22;
3.1:5;363;45:7,12.
2.1; 46:,1; 46:,1
moved 9:11;33:16;
.15:9; 46:6; 50:25;
61:17
moving 26:16;
32:21,22;31:22;
57:5; 60:20. 25; 61:1,
II; 62:6
much 36:1, 18; .IB:25
musI3.1:2
myoe119:20
N
N.A.T.H.E.L.I.E
60:10
name 3:12; 5:25; 6:6;
1-1:14;31:20,23;
32:1; 59:25; 60:-1, 8
names 52:2, 10, 12.
13
Nathelle60:10
needed 33:22
neutral 14:9
new4,1:21,21
next 12:2; 23: 13;
41:9; 56:9; 62:23
nlghl7:3
Nissen 17:20; 18:6,
12; 19:2,9; 22:9;
2,\:01,6,6, 12; 26:6,
25; 27:3, 14, 19; 28:6,
10;3B:4, 15;39:01, 12,
17,21;40:4,7,1\,
15,22,23,24; ,II :2,
4,17; 43:1. 4,5,6.9,
15.20;4,1:1,7,10,
12,13, IS, 17, 19,2,1;
45:5, 17,20,25; 46:5,
14,15,16,16; 49:2,
8,16,20,21; 50:25;
51:1,19;52:1;53:3;
55:3, 5,24; 6:7. 21;
57:3, 13, I~, 21; 58:4,
10,15;61:9,13,16,
25; 62: 11, 16; 63: I,
17,19;6.1:6,11,18,
2Z,25
nobody 9:22; 19: 12;
35:6; 48:8; 62:1
noise 65:22
none 36:22; 50:20
Nope 30: I
northbound 29:20
Nos 20:5
nothing .to:25;
.11:10,17;013:1-1;
.(,1:15; 50:17
no lice 2(>:\; .17:2
o
Objection 28:1
objections 3:4
observation 39:23;
.19: I 5, 16050:2;
58:15;60:17;61:8,10
oblervatlons 21:5;
22:9;286:29:11:
3B:.(;.1623; 50:6;
5.0
observe 19:19,21;
26:17; 27: I 6; 3,1:23;
47:21; 51 :11; 63:22
observed 21 :9;
26:23; 38:1-1; 39:12,
17;41:18,19;50:23;
62:19; 63:19; 6-1:22
observing 39:22
occasion 6:'22
occupant 63:25
occur 54:4, 21: 57:12
occurred 3:17;
27:14; 32:4; 33:14;
36:5,19;.11:20,
46:13; 62:13
occurrence 13:19
oH7:21; 10:3; 11:18,
20; 30:20; 33: 12;
35:12; 37:12;45:20;
52:6; 59:9, 10
off.road 43:21
off.while 16:10
office 30: 10; 32:2.1;
59:2,24; 60:5,6
officer 30:2; 59:23,
25
oHlcers 29:22
official 4:23
Ohio 52:8
Omn129:16, 17, 19
once 17:3;29:14;
35:25; 36:15; 37:3;
38:7; 43:9,13
one 13:24; 17:4;
20:3; 21:21; 24:15;
26:10; 27:19; 30:20;
33:1;34:11; 36:2.1;
,17:9; 49:7, II; 54:6;
60:1,12;63:14
only 4:H;35:16;
39:22;40:1; 41:20;
.12:12;43:19; 55:6;
59:1; 65:\9
Ontario 33:.1
ont07.\-I,15,21,
23: B.7. 13; 9:3, 8
open 17:13;21:13,
\-1,17,25; 22:5;47:3,
9,16; 53:-1
open.d 16:21,23;
26;.1.19: 27:22; 52:1
operated 22: 18:
26:2.1
operating 3:20:
6:22,23: 24:22
operation .H:9
Roger"Gascon
January 25, 1996
operator 19:9;
21:10,16; 22:9; 23:6,
2,1:11; 28:10; 58:8
opportunity 5:2,6;
37:8; 52:2,1
opposed 49:20
order 21:22.2';
35:19; 53:4; 57:7
out3:16;7:13,1-I;
14:9; 16:1.(. 18,19.
2-1. 25; 17:10; 18:16;
23:7,1\,19,24; 24:2.
7,7; 30:23; 33:7;
35:6; 36:21; 37:5;
38:6: 39:25; 40:3, 9,
2,(; 41:9; 42:16; 43:1,
6,6. 13,16; 44:25;
51:1: 52:9; 59:19;
63:19; 6-1:1, 2,13,23;
65:11
over 9:22: 10: 13;
1,1:2; 16:5; 17:23;
18:4,5; 19:5, II, 14,
16,16,17: 22:15;
2,1:11; 25:1; 27:15;
38:2,1;46:6, II;
47:25; 48:5, 8, 9, II;
50:25; 54:6; 56:21;
57:7,16; 56:4, 10;
61:6,17; 62:17
overhear 55:23
own 6:17,17;29:11;
53:19
owner/operator
6:16
p
p.rn 65:25
PA 7:8; 8:2
pane146:21; 54:25
paper7:10; 15:1,15
parked 16:IB;34:9;
46:18 .
parking 23:14,15;
37:4
part 11:17,20;
26:23,25
partially 6:8
particular 32:'(
parties 3:3
parts 51:6
passenger 19:23,
2.(;2\:11.13;23:24;
26:13;47:23; 54:12;
56:9,21,25;62:17,
23,2,1
passenger's 27:16:
47:14,15,23
pessengar.slde
17:11; 22:6
paS\ol3:11
peuse 31:9
paved 13:9
pavement 9:19;
12:10. II: 35:3
Roger Gascon
January 2'5. 19S6
pen 15:8
Penn.vlv.nl.3:17;
6:22
people ~:8: 5:12:
52:~
period 17:19;~9:15
per.on 4:21
phone 55:10
photogreph 13:3;
20:8,1,1,25;21:2;
31:11
photographs 26: I 0
phro.e 2":21
phr..ed49:19
phV.lcally 17:16;
62:9,19
plck4:H;8:5
pickup 17:19,20,
2'f; 18:10, 12; 19:2,
10.11,12; 20:13,16,
17,19;21:3,6,10:
22:10; 24:4, 4, 12,25;
26:5,8,25; 27:9,14,
19; 28:6, 8, 10; 30:J.I;
38:4, 15; 39:4; 40:23;
44:2,f; 45:6; 46:2.f;
,17:25; 48:6, 7, 9, 21;
49:6; 53:3, 14, 17,20;
54:1,24; 57:3;61:9,
9;62:18;63:1,19;
64 :6, 11
plclure 13:8,18;
52:22; 53:2, 9, 21
piece IS: I
pile 9:16
place 16:17;41:10;
42:20; 51:15; 61:14,
17,22; 64:3
plans 32:21
Plea.a 4:9,17; 5:25;
12:22; 32:6
polnI12:5,16;
22:17; 25:17; 26:3;
33:14,18;39:14;
.10:11,14,16,23;
,11:5, 16; 4-1:22; 46:2,
',14;49:7.719.12;
51:11; 56:15; 58:14;
61:18;62:2,10;
63:23; 64:5, 10
police 28:13;29:22;
30:2, 11; 55:9
portion 13:6,9;
IS: I 5; 27:6, 9: 35: 17,
22; 37:16, 20;46:18;
53:17,25; 5'f:9
position 6: 18;9:22;
11:12; 13:5; 15:3;
19:21; 20:19; 26:22;
.15:6; .17:8; so: 13;
57:2; 61:1
positioned 3.1:15;
02:9
postal 6:..
prepared 4:22
Jlen . sworn
pre.ently 6:2, 12:
60:2
pretty 4-1:21
preventing ~ I: I
prob.bly 28:20.
36:13;~2:3;H:2:
65:16
problem 5:7, 18
proceed 12:2
proceeded 16:18
proceedings 31:9
Progres 6:3
plonounco 31 :20
plonounced 31:2.'
PU1l6:17
pulled 7:3
pulling 20:10
purpose 8:3
pushed 17:23; 18;.1;
19:5; 24:6; 29:19;
51:1; 57:16; 63:25:
6,1:1,2,25; 65:1
put 5:9; 8:22; Jof:3, 8;
16:3; 30:21; 32:25;
37:4; 38:20
Q
Quebec 6:3
questioning 4:2
quite 30:25;31:24:
40:5; 50:12
R
R.O.G.E.R 6:1
ralnlRg 8:25
Randy 32:1
ratio 33:25
reach 4~:~
reached 14:2
reaction 19:6
reed 4:23; 5:21
real 8:23
realize 16:2
really 10:7; 16:1
rear II :7; IS:"; 25:5;
26:5; 27:14; 53:16;
56:8; 57:9, II; 58:";
62:1, II, l,f, 17,25;
63:20; 6":11,18,23.
25
I
rear-end 29:16
reor.ended I,':,.:
16:22; 19:7, 8; 29: 18;
.j6:17;65:17
reason 5:11; 40:18
recell 7:2; 8:6. 16;
13:13; 16:7; 18:15,
19,21; 33:21; 52:19,
21; 55:11, 18;58:23;
59:1;65:6
recent ~.f:21
recognize 13:2;
20:2f
recollection 3:22
record 5:2,.; 30:20.
21; 52:6; 59:9, 10
red 1S:16
REEXAMINATION
56:5: 59:17;61:5:
65:8
le'er 50:1"
relerrlng 12:7
regs In 30: I 5
regarding 28:8: 32:2
regordle.. 62:20;
6-1:20
relation 50:21
relationship 37:10
remain 17: 13
remembel60:8
lender 21: I 5; 23:8,
20; 2'f:23; 28:I.j
Renlal3: 13
rephrase 4:.1: 32: II;
49:22
repOll 59:3. 20, 22
reportel.I:IO, 1.1,
16, 2Z; 5:13, Jof
represenl3:13
repre.entlng 32:2
request 6:9
required 5: 11
reserved 3:5
reside 6:2
residence 32:16
respeeI15:4,4;
53:24; 54:19
respective 3:3
respond 32: 12
response 4:15
rest 20:20; 21 :6; 56:~
result 56:12
review 4:23; 5:3
right 3:25; 4:20; 5:1;
6:11, 20; 7:2~; 9: 10,
13; 11:1; 12:18,20,
13:7,11,21; J.I:5, 10,
13.20; 15:1,17,22.
2.'; 16:3, II, 13, 13,
1~16,1~2I,2~24,
25; 17:7,23,2'1; 16:3,
Jof; 19:6, 16: 20:22:
21:6,12,23; 22:,1, 7:
23:23; 2.1:1,13,19,
25: 12,20,2.1; 27:5,
12,17,19;29:2:
30:17; 31:01; 32: 17.
22: 33:20, 22: '1:6, 12:
35:16: 37:6.11, 13,
19,25; 3B: 1,2. 10.
12,16.21;39:3,1,1;
010.10.13;.11:2.1;
.12:19,2.1; '13:2, .16:8;
-18:5.5, 12,2,1; 51:16,
53:7,101; 5-1:3, 10, 13,
J.l, lB, 20, 2.1: 56:9,
.. f _,
Michael &: Barbara Lendacki v.
l.awrcncc Wa150n &: R)'dcr Rental &: Caraway
II, I,f, 21; 57:5. 20,
22; 58.3,6,19,59.5;
61:21; 62:23, 639,
10,21; 6,1:9
rlght.hond 10.11;
33:19
rood 9:19: 11:16, 21;
15:18; 29:20, 33: I G:
'f3:22; .16:11; 57,6;
63:10
roadwey 11:23;
13:9; 35:-1,13: 62:9
ROGER 3:7;6:1
roiling 55:21
rollo 7: 1 0, 10
roam 42:0/, 8
rough 15:2;0/.1:2
roughly 26:20; -12:21
Route 3:17;7:101, IS,
17; 8:7, 13; 9:3. B;
10:12; 11:2.'; 15:11:
25:19;33:10,12;
36:16;38:21,22;
,12:11,15.16.2;;
4,j:22
run 16:5; '(5:101
running 47:5; so:'.
Ryder 3: 13
s
solety 59:23, 25
same6:13, 18: l.f:l;
2.1:25; 26:20;0/5:6;
51:19
sow 1.J:18;23:16;
25:~; 26:18; 39:'(;
.10:7,11,23; 43:9, 15;
'{4:1;~5:5, 18,25;
.j8:18; '19:2, 3.8:
50:11; 55:23; 60:21;
62:1,8,10;63:8, II;
6.1:13
saying 5:5;25:8;
30:7; 3,j:7;43:13;
50:201; 55:23
ocole 16:2; 50:IB
scene 22:19,22:
23:5,10;2'{:15;
27:25; 28:18; 52:11.
16; 55:16,22
scaling 3:3
scot 19:16: '(6:12
seats 19: 15
second 10/:2;.(.1:16,
59,8
seconds 23:16,
36:20; 39:10; '11:21;
,19:'{,1I;51:22:
61:18,23
security 30: III
seden 36: II
seeing 35:21; .192')
send 5:17,19
sending 5:0/
.ettlng H8
IOver1131.3
.overe 30.25
shake 4:15
shope 59
.hort 17:19; 6316
shoulder 611 G
shaw 13:1,8;201.
7,23; 52:22
shawn 26:10
side 8:1; 16:19. 22,
22; 18:3: 19:22,23.
201,25; 20:9; 21:11,
13; 23:25: 27:16, 19;
29:20; 37:6.12.
,{6:20; 0/7:4, 13, 14,
15,23, 23: 48: 13;
50:25; 54:12, 13, 16,
20; 56:25; 57:5: 58:3;
62:17,24
Ildewoys 9:20:
17:25; 20:17; 21:3;
2,':8; 35:~. 5; 0/6:17
sign 5:17,21
signal 11:4
signals 11:3
signing 5:8
slgnoI7:6;17:1,17
sitting 10/:19: 38:2.{
slld0/8:S
slide 9:18, 20
slightly 37:22
snow 13:13, 17
somebody 10:21;
21:16; 23:13: 24:f.l;
30:7
something 30:9:
32:7; 42:9; H6;
52:8,18; 6.1:24
sometime 55:19. 20
somewhere 301:2;
55:IB
sorry 36:B, 12, 12;
60:10/
sort 9:14; 10:7;
11 :10; 12: 12, 169;
16:5; 19:10/, 15, IS;
22: 101; 23:11; 29:15:
3.1 :6; 35:22; 39:1 5;
.17:9; 48:~. 21; 51:2:
5.1:2.1; 6.f:17; G5:18
sounds ~3:17, 18
south 3:18;7:22;
9:3,9; 11:25: 122:
52:7
soulhbound 7:18;
10.11; 12:17; 11:23:
IS: II; 25:1 B: H:16,
21; 39:6
southerly 813:
11:25: J.f:22
speak 29.9
specific 58:9. IS
split 'f.!:16;0/7:3, 16.
,16: 12
spoka 30:2
.poken 29:7; 52:.'
sque.llng 18:7,6;
25:15; 26:17
stages 23:18
stalled 10:6; 14:1;
35:201
stand 15:6
standing 18:2;
25:10; 38:9.10,1,1,
20, 21, 23; 39:2. 12;
.10:11; '12:11,15,18,
25; 56:9; 62:23
slart 4:8; 9:13; 49:25
started 7:1;9:18, 20;
101:2; 19:6;30:14;
35:.f; 36:11; eJ./:3
etorls ~6:B
slate 30:6
slated 56:20
state men I 55:6
statements 55:7
slep 18:4
.tepped 62:13
stepping 23: 11
sleps 16:17; 61:24
stick 21:22
sllll 5:0/;6:13; 11:10,
12; 51 :9; 62:22; 63:.\,
5
STIPULATED 3:2
STIPULATIONS 3:1
stop 9:24; 10:1,2,
10,11, IB; 11:6, 17;
13:6,22,25; 23:2;
25:B; 27:1, I, 5; 35:2,
19,25; 36:16;45:9,
10: 64:2
stopped 10:7; 18:18;
29:15;34:9,25;
36:10; 42: 16; 60:20,
24
stopping 35:3
strolghlll :12
Street 7:6
strike 22:24,25;
2,1:10;().\:15
striking 62: 14
strIp 12:~, 19; 13:10,
J.f, 19; 15:16; 16:18;
61:12; 62:6
struck 44:10,11,12,
17; "5:16; 63:20;
6.1:20(; 65:11
Suburban 19:8
suddonly 10:7;
35:23
summer 59:6
Sure 6:5; 32:7
swear 23:12
swerve 37:23
SWorn 3:9
Michael A" "arbara Lendackl v.
Lawrence Watson &: Ryder Rental &: Caraway
"
'Roller Gascor
January 25. 199(
T trlHlc 10:11 turn 10:5,24; II :3. wllllngID:s,H; 44:'; '1:12; 53:19;
Irllllr 6:17,17,2.1; 3.4,8; 12:8; 2S:I; 11:2,7 S8:17
88; 9:18,2.1; \0:-1. 45:1.1 waive 5: I, .1 work 6:12, 13; 5S:14
tlllgltl 27:3 10; 11:6,7,10,1-1, turned 52:9 wllved 3:4 worked 32:14
tllk 29:24; 52:15, 20; 1.1,20; 1-1:17,21,2-1, turning 10:22 wllk 45:14: 58:3 work. 33:2
55:14 2'; 15:5, 23; 16:12; twl.ted 5'1:7,2,1,2' walked 58:10 wrBck 53:22
tel ked 62: 13, 16 18:1; 19:3; 20:9, 10, two 11:25; 12:17; walking 61:8;62:16,
talking 12:5; 26:7; 18,20: 21:.1; 22:18; 15:10.10,10; 32:25 X
5\:25; S2:19; 5-1:2; 23:1,3.5,9; 2.I:S, 9, 2.1;63:1
59:7 22; 25:5; 26:6.18.2.1; type 5.1:23 warranted 4:25
telephone 58:21 27:8, 15, 25: 29: 12; watched 6.1:22 XTL6:13, 15, 16,23,
30:7: 3S:2, 5, 17; U Wal.on 3:13:22:18: 23; 20:9; 30:10;
telling 42:10;43:16: 36:16;37:10,11,12, 23:12; 24:22: 26:17, 32:14,15,24:33:2;
50:10 14,21; 38:8; 45: 10; Um 17:18;29:1.1; 24; 28:18,23: 29:5; 53:5
len41:21 46:2,14,1-1,17,19; 013:2..1 46:2;48:1,3,15, IS,
teRdency 4:8 47:20,21; 48:3,15, Um-hum 8:15; 20; 49:3; 50:3, 22; y
terms 27:13:49:19; 17; 9:3, 17; 50:3, 22, 21:20; 23:21: 36:17; 5\:2,11: 52:15;
22; 5\ :7, 9,12,20;
57:18 53:5,6,11:5.1:17: 42:19; 49:10; SO:16; 53:12: 55:2, 4; 58:16, yard 33:1, 3('3,5,6,7
testified 3:9 55:2,24: 56:8,16; 52:2S; 54:2: 58:11: 17; 60:17;61:11: yarde 33:1
tesllmony 3:6 S7:13; S8:5, 16; 60: 19; 62:21 63:15,15 Yeeh 8:12; 13:4,4,
Th.t'1I15:t6 60:18; 61:11; 62:1, unconeclou.19:18, Wal.on's 23:4,9; II: 15:6.9,17; 17:1,
themselves 58:24 12,22; 63:8, 12, 20, 20 27:3,8.2.1:29:12; 9: 2H9; 25:7,16,16:
23; 64:18, 23 understandable 4:-1 47:20,21:49:16; 26:9.11,15: 27:6:
There.bouts .19:13 Irellers 10:6: 11:12; underatood 32: 12 5\:16,18;55:23: 28:3; 29:24: 31:19:
thick 39:20 56:16:61:20,i5; 41:19:42:17;43:10:
third 12:15 35:13 unloaded 8:8.10 62:22; 63:8,12 45:2;48:24: 49:13;
though 8:6 trenscrlpt3:4:'1:21; unlock 21:22; 2,1:15; way 5:9,9;7:13: 50:19; 53:15, 18:'
thought 36:10 5:3,5 26:13: 27:20 16:3; 18:16.23; 24:7; 54:15: 57:24: 59:6,6,
transmlulon 3,1:2 up 3:23: 4:14; 5:15; 26: 18; 27:7: 28:23: 14:61:15:62:7,15:
throughout 5.1:20 TrSReport 6:i4.15, 8:5: 13:25: \01:3; 31:20; 36:13: 38:20; 63:7
thumb 53:8 19,23; 32:\01, 2,1 16:19; 28:21; 29:\01; 48:16: 6.1:1, 2 ye... 32:15, 20: 44:9
thump 37:2, 3; 65:18 31:11: 34:8; 37:11: way. 31:25 York 8:2
till 4:9 transported 28:9 45:13,15,18; 52:1; wealher 8:21 young 14:15: 16:17,
times 4:6,7 travel 9:9; 12: 17; 54:10; 56:13; 57:2; weeks 59:5 24; 37:22
15:11: 25:21 63:22
1I1e15:19 treveled 33: 13 upon 3:6:22:18; We.17:8; 8:1: 33:3 Z
tires 18:7;25:1'1: 201:14: 27:25; 44:5 weI9:19; 35:4
43:18,20,21,21: traveling 7:2: 42:1,1 upper33:25 what'. 13:1: 14:11:
65:20, 22 trial 3:6 use 15:12 20:23 Zyg 3:12
tod.y 3:21:6:9; tried 21:17;35:3; . used 25:14 wheel 11:19; 13:12;
29:2,4,9 37:22 using 24:20 35:16,22
told 30:2, 7, 9: 33:8; trip 52:7, 9 Where's 32:24
35:15
Tom 6:6 Truck 3:13;6:17; V white 16:10: 17:22;
took 16:17:41:10; 9:15: 10:23; 13:4,5; 16:17,24: 19:2;
14:2,6: 16:18: 18:16: vantage 40:1..; .14:22 20:20; 21:7; 23:4,9,
42:20; 49:11: 51:15; 19:10,12;21:10; 22; 24:5: 26:6;27:15;
61:13,17,22: 64:3 22:10; 23:12, 16; vehicle 3:16, 19; 36:22; 45:23: 46:4;
Toronto 6:5; 33:3, 'I, 24:4,12; 25:2, .1, .1, 10:17; 13:22; 1.1:18; 49:9; 50:25: 52:7;
7;60:5 11,17i 26:1, 5,8, 21. 15:3; 18:17,21,25; 63:,1,5
total 53:22 25: 27:4, 9,10,14, 19:3,22; 20:21; 21:6, wide 46:12
. 7, II; 22:6. 20; 23:4,
touch 55:2, 5 20;28:7,11:33:21; 9; 26:6, 7; 27:15; willing 5:10
touched 11:13; 34:9,10,12;35:1,7, 29:15: 32:2, 3: 33:18; window 21:19,22:
35:14;46:16 17;36:1,22:37:5; 34:5,20; 35:20;36:1, 2.1:15: 26:.1, 13,19;
38:5,15;42:\01.16;
towards 14:21; 44:12,2.1; 46:23; 4;41:11:44:18,21 47:3,10, II, 23: 52:1;
45:24: 46:21, 22; .17:20,21: 48:3; '19:3, vehicles 10:19; 53:.1; 56:25
53:25: 63:1; 6,1:,1 6; 50:22, 22; 51: 13, 18: 18; 29:12; 3.1:\.1, windows 27:19
tractor 6:23:9:h 17,18,22; 3: 1-1,17, 20,22; 43:17 windshield 9:6
10:10; II :5. 7, 9. 1-1, 20,25;54:12,16,21; vicinity 29:13: 3.1:3 wipers 9:6
15; 15:21: 22: I 8; 55:2,4.2'1; 61 :20,25: view 19:23 within 36:20; 41 :9;
23:1,5,9, II; 2-1:22; 62:18; 63:2; 6,1:6, 8, vlsual47:18 59:5; 61:18. 22
25:5: 26:17, 23; 27:8. 11 visualize 10,9; 62:01 WITNESS 28:3;.11:8
24; 29:12; 36:15;
46:1,14;47:20,21; try 4:3; 16:23: 23:8; vital 17:6 witnesses 5:1
48:3,15,17;49:3,17: 32:11; 38:3; 40:7 woman 51:2'
50:3: 51:5. 12; 55:2, Irylng 10:9;23:18; W word 25: I ,I
24: 56:16: 58:16; 24:21: 47:9; 60:8;
60:17:61:11:62:22; 61:14,24: 62:2, of, 18; words 13:25;24:7;
6 :8 12 6.1:21 walt .1:9; 49:1 31:15; 37:11; of 0:10;
Michael & lIarbara Lendackl v. Kent Lendac"
. Lawr~ncc Watson & Ryder Rental & Caraway January 25. 1991
., Pag.l Lawy.,'. Not..
1'1 IN THE COUR r OF COMMON PLEAS OF
CUM6ERLAND COUNTY, PENNSYLVANIA
121
MICHAEL J, LENDACKland ) CIVIL ACTION. LAW
I~I DAR6ARA LENDACKI. his wila, )
PI.lntiNs )
(41 'VI' I NO.' 95.1B60 CIVIL TERM
LAWRENCE I, WATSON and I
IS) RYDER TRUCK RENTAL, INC., end)
CARAWAY MANUFACTURE FURNITURE)
161 and BUCKHORN CARRIERS. INC. )
Dalandanls ) JURY TRIAL DEMANDED
111
(BI
DaposltioR 01 KENT Londackl, producod. sworn, ond
101 oxamlned boloro Dolrdro J. Meyar. Reporter. Nolary Public,
on Thursday, January 25, 1996, a12;5G p.m" lakon by
(10) Dolondenls al3GS North Fronl Slreel, Harrisburg,
Pannsylvanla, under and by vlrtuo 01 Notico and Agroemanl to
(II) laka Ula Deposition.
(12)
113) APPEARANCES:
1141 FORRY, ULLMAN. ULLMAN & FORRY, P.C,
DY: RANDY T, 6URCH. ESQUIRE
1151 Graan Hills Corporate Canter
lGO Kachal 60ulavard, Sulto 2GO W"I
116) Reading, Ponnsylvanla 19607
For. Plain tiNs
(II)
61ALKOWSKI & SAVITSKY
11BI BY: ZYGMUNT R. 6IALKOWSKI. JR" ESQUIRE
1006.1016 PI<<ston Avanua
lID) Scranlon, Pannsylvanla
For. DelaRdanls
120)
CALDWELL & KEARNS
(211 JAMES G, NEALON, III. ESQUIRE
3631 North Front Stroe'
1221 Herrlsburg, Pannsylvanla 17110
Fer. A1ls'ata Insuronco
123)
ALSO PRESENT:
124) Valaria Karsle<<er
Lawrence Watson
IZ51
Paga 2
(II
(21
(31
(41
151
161
II)
161
19)
110)
Ill)
112)
11~)
114)
lIS)
1161
1111
lIB)
119)
1201
(21)
1221
123J
124)
125)
Kc}' Reporters
INDEX TO WITNESS
Examination by Mr, Bialkowski. pgs 3, 15
Examlnstion by Mr, Bun:h. pg 13
INDEX TO EXHI61TS
KERSTETTER MARKED
4: Photogr.ph 16
(Exhlbll ralainad by coun..I.)
(717) 764.7801
1\11 n-U.Scrlpl1!l
Page 1 . Page ;?
it:<!df'Lendackl
January 2', 1996
Michael Be Barbara Lendackl v.
l.awrence Walson Be Ryder Renlal '" Caraway
Page 3 hwy.,'. Not..
111 STIPULATIONS
121 IT IS STII'ULATED AND AGREED b)' and between
131 cOIUlsel (or the respective parties that the reading,
141 sllllllng, sealing, and filing of the transalpt Is
IS) waived and that all objections except as to the form
16) of the questions arc rescrved to the time of the
111 trial.
181 KENT S. KERSTETTER,
191 called upon by Defendants to give testlmon)', being dul)'
1101 sworn by me, testified as follows:
1111 EXAMINATION
1121 BY MR. BIALKOWSKI:
11~1 Q: Mr. Kerstener, as )'ou know, m)' name Is Zyg
1141 BIalkowski; and I rcpresent the various Defendants who have
1151 been sued b)' Mr, and Mrs, lendackl as a result of an
1161 accident which occurred on Fcbruar)' 21, 199.1, on Route 15 In
1111 the sOlllhbOlUld lanes, You've been present during )'our
1181 wife's deposition, correct, sir?
1191 A: Yes, sir.
1201 Q: And do )'ou understand all the precautionar)'
1211 Instructions I've given to her?
1221 A: Yes, sir,
12al Q: Mr. Kerstetter, )'OU were the driver of the
124) Suburban, correct?
12S) A: Yes, sir.
(11 Q: And as you approached - or strike that.
12) As rou were proceecUng south on 1I0ute 15
la) immediately before rou realized something was happening
14) or - which lane of travel were )'ouln, the left lane or the
IS) right lane?
161 A: The right lane,
111 Q: And what was It that occurred that caused rOll to
181 apply the brakes on the Suburban as )'our wife described?
191 A: As we were heading sOlllhbound heading home, we
1101 come upon stopped vehicles that were alread)' involved In a
1111 wreck with people walking around, And I just
(121 appUed - there was people In the left lane and a car In
11al the left lane, So I applied the brakes to stop because
1141 there was reall)' no other evasive action to take.
lIS) Q: Now, let me ask you - let me break that down a
(161 IInle. You mentioned that there had "Iread)' been some type
(111 of accident?
I'BI A: Yes, sir.
(191 Q: What accident was that?
(201 A: Urn, it Involved a tractor trailer with a small
1211 pickup truck -
(22) Q: And Is that -
12~1 A: - behind him,
124) Q: And Is that the traclOr trailer - the XTL
1251 tractor trailer with the IInle pickup that's shownln
Page 3 . Page 4 Min.U.Scriptl!>
Paga 4
Ker Reporters (717) 764.7801
Michael & Barbara Lendackl v. Kent Lendad
,.. Lawrence Walton & Ryder Rental & Caraway January 25. 199
. .
" Page 6 Lawy.r', Notlls
(11 Gascon 2 and Kersleller 2?
121 A: Yes,slr.
131 0: Atthnt polnlln time when yousnw lhal, did you
141 see any olher tractor tcolller?
IS) A: No, sir.
161 0: At that point In time, you mentioned something
111 aboul a vehicle 10 the left of you In the left.haod laoe?
(81 A: Yes, sir. TIlere was a IIllle red car,
(0) 0: TIlat's the red car your wife described?
(10) A: Yes, sir,
(111 0: And althal point In time, was lhat vehicle
1121 stopped, U )'OU know?
11al A: Yes, sir,
1'4) 0: It was slopped?
1151 A: It was stopped.
(161 0: At that point In tlme, could you tell how far
1171 away that vehicle was from the rear of the xn trailer?
1181 A: No, sir,
(101 0: Oka)', You also mentioned atlhal point In time
1201 you saw some people In some portion of lhe roadway?
1211 A: Yes, sir.
(221 0: Where specll1call)'1n the roadway were the)'?
12al A: TIley were In the left lane around the little red
124] car.
12SJ 0: Were they belween the red car and the xn
Pag8 6
(11 trailer, If you know?
121 A: No, sir.
PI 0: Where were they In the left-hand lane?
141 A: TIll:y were to the right hand - 10 tile passenger
IS] door of the IIllle red car, just to the right - right side
161 of the car.
171 0: At the tlme that )'oumade this Initial
(BI observation and before you applied your brake - I realize
101 tills is all going to be happening fast - were you able to
IIGI tell or do )'ou have any recollection as to whetller or not
1111 tile righI, front, passenger door of thaI pickup tnlck that
1121 h~d been inl'olved with the XTI. trailer was open or closed?
113) A: Urn, no, sir.
1"1 0: You have no recollection?
1151 A: No recollection at all,
116) 0: Do you have an)' recollection of seeing an)'bod)'
1111 standing around the pickup !nIck at that point In time?
(Ial A: No, sir.
1191 0: Oka)'. Old )'OU tllen appl)' )'our brakes?
1201 A: Yes, sir,
1211 0: And your vehicle eventuall)' comes Inlo contact
1221 with another I'ehicle, correct?
12~1 A: Yes, sir,
1241 0: And after - and then )'our I'ehlcle came to a
12S) SlOp, correct?
Key Reporters (717) 764.7801 lUln.U.Scnpt1!> Page 5 . page (
Kent Lendackl
January 2~, 199~
111 A: Yes, sir,
121 0: At the lime )'our vehicle - after )'our vehicle
13) came to a stop - strike that question,
1.1 At that point In time that )'our vehicle came to
151 a Slap, at that specific instant, had you seen an)' other
161 lractor trailer other lhan the XU?
II) A: No, sir,
181 0: In your own words, describe what then took
191 place?
lIe) A: I could hear tractor trailer brakes sliding
11\1 behind me.M)' wife waoted to exit the vehicle. I laid her
112) to stay In; it was the safest place. He had gone up the
113) left side of my vehicle lust sideswiping It Ilghtly, He had
11.)-hltThelIiile red car and shot It across the meilfan strip
115) In the northbound lane.
116) 0: aka)', The Illlle red car was to the rear of the
1\7) xn trailer, correcl?
1161 A: Yes, sir. More right 10 the very front end of
1191 m)' Suburban, m)' vehicle.
120) 0: I was golnll to get to that, bmit was to the
121) rear of the xn trailer?
122) A: Yes, sir.
IZ3) 0: And then my next question was going to be, Where
IZ') was your car, vis,a.vls, thatllnle red car after )'ou came
12S1 to a stop or you collided with that other vehicle?
Michael Be BarbllJ'a Lc:ndackJ v.
Lawrence Wallion 8< Ryder Rental & CllJ'awa)'
Pag8 7 Lawyer's Not..
Page 8
~
~
111 A: I was to the right side of him, He was just
12) about even with my fronl, left fender of m)' - m)' driver's
13) fender-
I.) 0: The front of Ws - which part of his car?
15) A: TIle rear of his CllJ' was close to the front of m)'
161 left, front fender on m)' Suburban,
111 0: So would I be correct If I stated that the front
161 of his car would he ahead of the front of )'oue car?
19) A: Yes, sir.
l'~) 0: Okay. And did you ever observe this tractor
Ill) trailer which sideswiped )'ouln the rearvlew mirror or
112) slde.vlew mirror?
11~1 A: Yes, sir.
1"1 0: Which was It?
115) A: In mI' slde.vlew mirror,
(16J 0: And do you know whal portion of the tractor
(17) trailer sideswiped )'ou? I\t)' Initial question Is, Was It some
1161 porlion of the tractor? Or was It some portion of the
(191 trailer, If you know?
1201 A: TIlat I reall)' don't know.
1211 0: Old )'OU continue to keep )'our e)'es open -
1221 A: Yes, sir,
12~1 0: - during thai whole thing?
12'1 A: Yes, sir.
1251 0: Where dJd the traclor trailer 1I0?
Page 7 . Page 8 Min.U.Scriptl!>
Key Reporters (717) 764-7801
Michael & Barbara Lendackl v.
Lawrence Walson & Ryder Rental & Caraway
.' .
. .
(II A: He had hit the rear of the little red car and
121 then veered to the left out Into the I\rilSS medliln strip,
PI TIlere WilS a grass strip In between the nortbbound and the
1'1 southbound lane.
ISI Q: And did )'ou ever observe any portion of the
(61 tractor trailer come Into contact with any portion of that
(1) pickup truck which was at the rear of the xn trilller as
la) shown In Gascon 2 and Kerstetter 21
191 A: No, sir.
1101 Q: Do )'DU know based upon )'our observations tbat
1111 day whether or not that tractor trailer camc Into contact
1121 with the pickup tnlck?
Ilal A: Excuse mc.ltepeatthat, please,
1141 Q: From what you saw, can }'outcllmc definltlvel)'
lIS) that the tractor trailer that struck thatllttle red car
116) next to you and then veered off the Wil)' )'ou'\,e described tlld
117) or did not come into contact with that pickup truck which
lIB) was shown on Exhibits Kerstetter 2 and Gascon 2?
119) A: To the best of m)' recollection, Ine\'er saw him
1201 hit the pickup truck, no, sir,
IZ11 Q: After that happened, what did )'ou do?
122) A: Well, after I was sure there was no more
12~) vehicles coming b)', I had gotten out of m)' vehicle.
IZ4) MR. BIALKOWSKI: Off the record,
12S) (At whIch time, a tllscllSsion was held off the record,)
(II BY MR. BIALKOWSKI:
121 Q: And what did )'ou do when )'ou got out of your ...
13) vehicle?
I') A: I - well, I got out and asked m)' wife if she
(SI was all right, And she was vcr)' shaken up and cr)'lng, TIlen
(61 I think I talked to a gentleman - I have no Idea of his
il) name, I tlllnk he was the driver of the Ilttle red
16) car - and asked him If he was all ril\hl. And he said there
101 was nobod)' In the car, the)' had gotten out before It was
1101 hit.
1111 Q: Dy the wa)', do )'ou know what kind of car it was,
(121 that little red car?
11~) A: To m)' best recollection, I think it was a Ilttle
(14) I'I)'mouth Horizon. I am not certain, It was a small,
lIS) compact car of that size,
116) Q: Oka)', Other than that cOlwersatlon, did )'ou
1111 have an)' conversations with an)'bod)' else at the scene that
1161 )'ou can recall?
1191 A: Just the I\entleman in the - and that was much,
1201 much later - the gentleman in the - it was a Ilttle
1211 van that had pulled up alongside us that didn't hit us.
1221 He was worried aboUl his little kids and where
1231 the)' were sta)'lng for the night because the)' were traveling,
1241 And I offered him that he could sta)' at our house until he
12S1 found some room and lodge, but that was illi otller tllan the
Key Reporters (717) 7M.7801 lUin.U.Script1!l
Pago 9
~
.
t
Paga 10
Kent Lcndad
January 25. 199'
L.wy.,'. Not..
Page 9 . Pllic 1(0 :
Kclll tendackl
January 25. J9%
, .
Michael & Barbara Lendackl v.
Lawrence Walson & Ryder Rental '" Caraway
PSg8 11 Lawyer', Not.,
(II police officer,
121 Q: Seated to my right Is Mr, L1rr)' Watson, who Is
(31 the driver of the tractor traller that )'ou described as
1'1 hitting that little car that was to your left. Did )'ou ever
151 speak with Mr, Watson?
181 A: Not that I rememher.
111 Q: Old you ever go )'ourself and render any
181 assistance or just go over and check on the operator of the
101 pickup truck?
(101 A: No, sir, I do not take blood vcr)' good,
(Ill Q: Old you ohsel"l'e an)'bod)' else doing that whUe
(121 you were there?
II~) A: Nobody other than the ambulance crew when the)'
1141 eventually got there.
115) Q: Mr. Kerstetter, we Intel"l'lewed other people with
1161 respect to this accident, And I'm just going to relate to
1171 )'ou my understanding of the Interview so that )'OU can
11BI understand where m)' question's going to come from.
(101 We had Intel"l'lewed a man hy the name of Charles
1201 Tress, who had a PI)'mouth Horizon vehicle, And Mr. Tress
1211 told us tllat his vehicle was struck by the tractor trailer
1221 being operated b)' Mr, Watson and pushed through the medial
12~) strip.
12'1 A: Yes, sir.
(25) Q: And Mr. Tress also Indicated 10 us that he was
II) not In the vehicle at the time It was struck, bm he did
(2) Indicate to us that his vehicle at the time it was struck
I~J was parked on the grass)' medlal strip as opposed to being In
I') the left.hand lane to the rear of the tractor trailer.
IS) So my question 10 )'ouls, Are )'ou absolute I)'
161 certain that the vehicle that )'ou saw heing struck b)' the
171 tractor trailer was in the Ieft.hand lane of the southhound
181 ilne of traffic as opposed to being In the medial strip?
19) MR. BURR: Objection to tile form of the
110) question.
1111 MR. BIALKOWSKI: You can answer If )'ou
1121 understand my question.
1131 MR. NEALON: You can answer.
114) THE WITNESS: To the best of m)' knowledge, It
(151 was to the left of my vehicle. I wiil not sa)' it was on the
(161 pavement or on the grass, no, sir, I do not remember
1171 exactl)'.lt happened so fast,
(16) BY MR. BIALKOWSKI:
119/ C!: And your vehicle though was In the rlght.hand
(20) lane?
121) A:Yes, sir,
122) Q: And'Une"other question, I should never sa)'
1231 thaI. I dJd that once In court and got In trouble hecause
1241 the)' SlOpped me. \)0 )'ou recall, If rou can,dld the tractor
12S) portion of the traclOr traller sideswipe your vehlde before
)'age 11 . Page 12 Min.U.Scrlpt!l
Page'2
.:...\-/-
./\ '.
(
Key Reporters (717) 764.7801
Michael & Barbaral.endackl v.
Lawr~nce Wabon & Ryder Rental &: Caraway
, .
Page 13
III Il Impacted that othcr vchlcle or aftcr? Or do you have any
121 Idea?
(3) A: I rcally h'lYe no idca.It was within a
1'1 millisecond of cverything crashing _
161 Q:Oka)',
16) A: - and slldinll.
111 Q: aka)', 11lank )'ou vcry muclo, Mr. Kerstetter. I
la) appreciate )'our laklng the time 10 come In today.
191 EXAMINATION
110) BY MR. BURCH:
(111 Q: Mr. Kerstetter, my name is attornc)' nand)' Burch.
(12) I represent the I.cndackl's with regard to this malter, Do
(I~I )'ou know either Michael LendackJ or Barbara Lendacki?
(I') A: No, sir.
(1SI Q: What vehicles did )'our Suburban come Into
116) contact with that da)'?
(11) A: A Iltlie, black, compact hatchback. I do nOI
(181 remember the make, To my best knowledge, a foreign, nOI
(191 U. ~.-model car.
1201 Q: An)' olher vehicles come Into contacl with )'ours?
1211 A: Jusllhe traclor Iraller Ihal sideswiped Ihe
122) left side,
12~) Q: Do )'OU know whether or not )'our Suburban struck
1241 a vehicle's side,view mirror and look Ihe mirror off?
12S1 A: To the besl of m)' knowledge, no, sir.
111 Q: The red car Ihal we've been referring 10, do )'ou
121 know whether or notll came Into conlacl wllillhe Nlssan
I~I pickup truck?
I') A: No, sir. \Vhen I came upon the accidenl, II was
IS) nOI damaged al aU before II was hit.
161 Q: Okay, When )'ou sa)' it was nOI damaged, whalls
II) Ihe II )'ou're referring 10?
18) A: II - well, unlilthe Iractor lrailer Ihal
191 sideswiped me hlt Ilinlhe rear and Ihen pushed It across
110) the medJal strip Inlo the norlhbound lane of 15.
111) Q: aka)'. So are )'ou referring to the red car?
1121 A: Yes, sir,
113) Q: So the red car was not damaged until it was
(14) stmck b)' the Iractor trailer?
1151 A: To the best of Ill)' knowledge, no, sir,
116) Q: Did )'OU ever see tilC driver of the Nissan pickup
I'l) truck?
(1a) A: No, 511'.
(19) Q: Old an)'one cver call )'ou on Ihe phone and ask 10
120) record )'our conversation and then talk aboutlills accldcnt?
1211 A: Not that I remember, sir.
12Z1 Q: Old an)'one evcr meet with )'ou -
12~) A: No, sir.
124) Q: aka)', - and thcn talk ;.bollt this accldent?
125) A: No, sir.
Key Reporters (717) 764-7801 1\Iin.V.Scrlp~
Pag8 14
Kent Lcndacl
January 25, 199
Lawyer'. Not..
Page 13 . page 14 .
Kent Lendack!
January 25, 1996
, .
Mlchacl Be BllJ'bara J.cndack! v.
Lawrence WaUon " R}'der Rental a Caraway
Paga 15 Lawy.,'. Not..
(II Q: Old )'ouactuallr scc the Nlssan pickup tnlck hit
121 an)'thJnll? .
PI A: No, sir.
(~I Q: So howcver that collision happened, It occurred
ISI bc(ore you -
161 A: Prior, before I had _
171 Q: - before rou arrived atlhe scene?
161 A: Be(ore we arrived at the scene,
(01 Q: And are you certain o( the (act that when )'ou
IIGI first arrived at the scene there was Dnlr the XTL tractor
Ill) trailer?
1121 A: Yes, sir.
(13) Q: Okay, I have no (urther questions. TIlank rou,
II~I Mr. Kersteller.
IISI REEXAMINATION
(161 BY MR. BIALKOWSKI:
1171 Q: Mr, Kersteller, one (ollow.up, I asked you
116) questions about whether or not any portion of the tractor
(101 trailer (rom your observations ever came Into contact with
120) that NIssan pickup truck. And you answered those questions,
121) I want to (allow-up with just one other question.
1221 From your observations, did any portion o( lI1'lt
12~1 red car come In conlaCI wilh the Nissan pickup truck after
(2~) It had been impacted - after the red car had been impacted
12S1 by the tractor trailer?
(I) A: No, sir.
121 Q: It did not?
PI A: NO,It did nol.
(') Q: Okay. If I showed you - let me trr It this,
(S) way. Let's mark this as the next Kersteller, We'll J.<eep
,
16) the same numbers.
II) (Document was marked (or Identl/lcatlon as Kersteller
16) Exhibit No.4,)
191 BY MR. BIALKOWSKI:
1101 Q: Mr. Kersteller, I'm going to show )'ou what we've
1111 marked as Deposition Exhibit No.4 (or Kerstetler.
1121 Unfortunatelr, It's a black-and.whlte photograph; so I
(1~) cannot make to you an)' representation as to the color o(
1141 this vehicle. But, (rom looking at this plcnlre, Is that
IISI the - I'll use thJs - Is that the t)'pe of vehicle that was
1181 next to you, that 1I:!!e red car?
(171 A: Yes, sir.
(181 Q: And you can see that's a Plrmoulh Horizon?
(101 A: Yes, sir.
IZo/ Q: And olher than (or the color since we can't
1211 tell what color lIlat Is, does that appear to be the.;
122/ vehicle lItat would havc been next to rou?
1231 A: Ycs, sir.
(NI Q: Okay, TItank rou. And just to make It clear on
1251 the record. when I said next to .ou, that would hal'e been to
Page 15. Page 16 Min.U.Script1!J
\
'1
..\
Page 16
Key Reporters (717) 764.7801
Michael & Ilarbara I.endackl \'.
l.awr.ence Watson & Ryder Rental & Caraway
Kent Lendack
January 25. 1991
- ,
1 bleck 13: 17 detlnlllvely 9: 1.1 grail 9.2..\; 12:H, len0l3:17 obeervellon 6:8
blsck.end.whlte depoelllon 3: I H, grassy 12:3 Lorry 11:2 oblervellonl 9: 10;
16:12 16:11; 17:9 later 10:20 15:19,22
153:16;.1:2; J.l:1II blood \I:lll describe 7;H H 'ell-l:'1.12.13; 5:7, oblerve 8: Ill; 9:5;
19943:16 broke 6:8 described 'I:H; 5.9, 23; 7:13; 8:2, 6; 9:2; 11:11
2 brakel '1:8, 13;(0: 19, 9: H,; \I :3 hand 6:,1 11:,1;12.15; 13:22; occurrad 3:16;4:7;
7:lll dlscuIslon 9:H happened 9:21; 17:1 15:.1
break ,I:U Document 1(0:7 12.17; 15:.1 'elt.hand 5:7;(0:3; all 9:16.2-&,25; 13:2
25:1, 1;9:8,8.IH, IH BURCH 13:111, II; door 6:5, II hsppenlng ,1:3; 6:9 12.1,7 ollered Ill:21
213:1(, 17:7 down '1:15 hetchback 1.\: 17 LendsckI3:15; oltlcer 11:1
BURR 12:9 driver 3:23; 11I:7; heading .1:9. 9 13: 13,1.\ once 12:23
3 11:3; J.l:I(. Lendsckl'a 13:12 one 12:22; 15:17,21
C drlver'e 8:2 hear?: 10 IIghlly 7: 13 only 15: 10
3;09 17:9 duly 3:9 held 9:25 line 12:8 open 6: 12; 8:21
hlt7:1,1;9:I,211;
call J.l:19 during 3;17; 8:23 HUll. 21; J.l:5. 9; little '1:16, 25; 5:8, operated 11:22
4 cBlled 3:9 23; 65; 7:\01.16.2.); operator 11:8
15:1 9: I. 15; Ill:7, 12, 13.
come 6:2,1; 7;3. ,I. E hltllng 11:4 20,22; \1:,1;13:17; oppolad 12:3, 8
416:6, \I 2.1;9:11; \01:2, ,I; home .1:9 16:16 out9:2, 23; 10:2.4,9
15:19 either 13:13 Horizon \0:11; lodge 10:25 ovalll:8
A cen 9:1-1; HUH; else 10:17; 11:11 11:20; 16:18 looking 16:1.1 OWR 7:8
\1:17; 12:11, 13,2.1;
16:18 and 7:18 house 10:2,1
able 6:9 cor '.:12; 5:8. 9. 2.1, evasive .1:\01 . .M P
eblolutaly 12:5 25; 6:5, 6; 7: J.l, H" evan 8:2 I
accident 3: 16;.1: 17, 2-1. 2.1; 8:-1, 5, 8, 8; eventually 6:21; man 11:19 p.mI7:9
19; 11:16; J.l:,1.211, 9:1.15; 10:8.9, \I, 11:\01 Ideo 10:6; 13:2,3 malk 16:5 parked 12:3
2.) 12,15; \1:.1; 13:19; overy thing 13:.1 Idenllllcellon 16:7 marked 16:7, II port 8:,1
acroll 7:\01; \01:9 1-1:1.11,13; 15:23. exaclly 12:17 Immediately '1:3 parllel3:3
acllon'I:\oI 2.1; 16:16 EXAMINATION mstter 13:12 pallengar 6:'1, II
causad .1:7 Impacted 13: I; medlslll:22; 12:3,
aclually 15: I 3:11; 13:9 15:2.1,2.1 8; 1-1:10 pavementt2;16
AGREED 3;2 cerlaln 10: 1-1; 12:(.; excepl3:5 Indicate 12:2 people'I:I1,12;
15:9 medlsn 7:\01; 9:2
ahead 8:8 Excuse 9: 13 Indicated \1:25 meet 1.1:22 5:211; 11:15
Charles \I: 19
alongside 10:21 check 11:8 Exhibit 16:H, II InltleI6:7; 8: 17 menlloned ,.:t6; phonal'I:19
already '.:10.16 clear 16:2,) Exhibits 9:18 Instant 7:5 5:6.19 photograph 16:12
ambulsnce 11:13 exlt7:11 Inst7Ucllons 3:21 Mlchaall3: 13 pickup ..:21, 25;
anlwered 15:211 clole 8:5 6:11,17; 9:7,12.17,
anybody 6: 16; cia led 6:12 ayes 8:21 Interview \1:17 mlllllecond 13:,1 211; 11:9; 14:3, 16;
10:17; \1:11 collided 7:25 F Interviewed II: I 5. mirror 8:1 I, 12.15; 15:1, 211, 23
anyone 1.1:19,22 collision 15:,1 19 13:2.1,2.1 picture 16:1.1
appear 16:21 color 16:13, 211, 21 Into 6:21;9:2.(" II. More 7:18; 9:22 plsce 7:9. 12
focI 15:9 17; 13:15.20; J.l:2, Mrs3:15
applied .1: 12. 13; 6:8 coming 9:23 for 5:16 Ill; 15:19 much 10:19, 211; 13:7 please 9: 13
apply 4:8; 6:19 compsct Ill: I 5; fast 6:9; 12: 17 Involved ,1:111. 211, Plymouth 10:\01;
13:17 \1:20; 16:18
appreciate 13:8 February 3:1(' 6:12 N polnl 5:3, 6, II, 16,
approached ,1:1 concluded 17:9
approxlmstely 17:9 contscl6:21 ;9:(" fender H:2, 3, (, K 19; 6:17;7:.1
11,17; 13:1(,,20, filing 3:,1 nome 3:13; 1U:7; police 11:1
around '1:1 1;5:23; 1-1:2; 15:19, 23 first 15:111 11:19; 13:11 porllon 5:211;8:16,
6:17
arrived 15:7,8, III conllnue 8:21 follow.up 15:17,21 keep H:21; H0:5 NEALON 12:13; 17:H 18.18; 9:5, 6; 12:25;
alllllance 11:8 conversBlIon 11I.1(,; follows 3:111 KENT 3:H nex17:Z3;9:16; 1(,:5, 15:18,22
H2O foreign 13:18 KERSTETTER 3:H, 16,22.25 preeaullonary 3:211
attorney 13:11 conversBllons 101m 3:5; 12:9 13,23; 5:1;9:8,18; night 10:23 presenl3;17
eway 5;17 10:17 lound 10:25 11:15; 13:7, II; NlssBn 1-1;2,16; Prior 15:6
15:J.l, 17; 16:5,7. HI,
B counsel 3:3 front6: II; 7:1H; H2, II 151. 20, 2.\ proceeding .1:2
courI12:23 .1. 5.li, 7, 8 kids 10 12 nobody 10.9; 11:13 pulled 10:21
Barbaro H: 13 crashing I ~:.I further 15: 13; 17:' kind 10:11 northbound 7: I S; pushed II :22; ).1:9
crew 11:13 9~; lUll
based 9: I II crying Ill.5 G knowledge 12 \-I; nothing 17:7 Q
behind '.:23; 7: II 13:18,2S; \-1:15 numbers )(0;(,
best 9;19; Ill: 13; D GasconS:I;9.8,IH L quelllon's 11:18
12:)01; 13:IH. 25; 0
1-1:15 gentleman ItlJ" I 'J,
BIALKOWSKI 3: 12, dnmsged 1-1:5,(., 1.\ 20 Inne ,\..1,-\, 5, (0, \l, I R
1-1; 9:2-1; 10:1; 1211. dny9:11; 13:16 given 3:21 13; S:7, 2.\; (o:~; 7: 1 S, Oblecllon 12.9
IH; 15:16; 16.9 Defendnnts 39, 1-1 good 11:10 9.-1; 12-1,7.211. \-I 10 objections 3:S Randy 13: II
Kcy Rcportcrs (717) 7M.71lll1
Mln.U.Scrlpw
.I.awrCII\=C Wa~ol\
January 2', 1996
. .
MJcruael '" Barb:tra lelldackl v.
Lawrence WalSon '" Ryder Rental. a: Caraway
-
Page 3 Lawyer'. Notes
(II STIPULATIONS
12) IT IS STIPlILATEO AND AGREED by and between
PI Counsel for the respecUve parUes that the reading,
('1 signing, seaUng, and filing of the transcript Is
IS) walved and that all obJecllons except as to the lorm
IBI of the questions are reserved to the tIme of Ule
(11 trial.
IB)
(g)
(101
(III
112)
11~1
1141
lIS)
(IBI
117)
(Ial
1191
IZO)
IZII
(22)
IZ~1
1241
12S1
LAWRENCE ICHABOD WATSON,
called upon by I'JalntJ(fs to gJve leSUmony, being duly
SWorn by me, lestIfied as follows:
EXAMINATION
BY MR. BURCH:
a: Good llflernoon, Mr. Watson, My name Is Anorne)'
Randy Durch.1 represent Ihe LendackJ's in regard 10 this
lawsull. I'm going to be asking you a series of quesUons
today aboul your background and aboul UlIs accident.
Now, If you don't undersland any of m)'
quesUons,please let me know; and I'll rephrase 11.1 do
not want to you 10 respond to an)' questIon Um Is nOI
understood by you. Okay?
A: Okay,
a: When you do respond, please do so verbally as
)'ou JUSt cUd. Nods of the head and oUler types of geslures
can't be taken down properl)'.
A: I understand.
(II a: Uyou need to take a break for an)' reason, Just
(2) lei me know; and we'll allow you 10 do thaI. When I'm
(3) asking the quesUDns today, tr)' nOllD anllclpale whalI'm
('1 going to ask. Walt untlll ask the enUre quesUDn belore
15) you respond,
/6) A: Okay.
(71 a: That does a couple things: (I) we're boili not
(8/ talking at the same time; and II ensures ilial you'll be
(91 answering the exact quesUon iliat I wanted to ask you,
110) A: Okay.
III a: Once YOll do respond 10 UIe quesllons, I'm goIng
121 to assunle thai you underslood il and thai )'our answering II
I~I to the best of your abllJUes?
14) A: Okay.
ISI a: Are you on any medlcaUons loda)'?
161 A: No, sir.
7) a: Are you able 10 hear me oka)'?
'I A: Yes, sir, ~
') a: Is Ulere any reason wh)' )'OU could not listen 10
" and answer quesUons lI1Js aflernOon?
I) A: No, sir.
!I a: Where do )'oulive,Mr, Watson?
'I A: At lhis lime, I live al2830 Pine COllrt, 11m's
just Strect, That's A5hbur, Norili CaroUna, 27203 is Ule
J zip.
1ge 3 . Page 4 Mln'U,script1!>
Page 4
Key Ileportcrs
Mlch~et' Be Barbara Lcndackl v.
Lawrence Watson' Be Ryl1cr Renlal Be Caraway
Plg.5
('I 0: How long havc you livcd allhal rcsldcncc?
(21 A: Wcll, JU5t abDul four months,
(~I 0: Do )'ou havc any plans on mDvLng in Ihe near
('1 futurc?
(Sl A: No. 111at's duc 10 - Ihat's aCluall)' one of my
(BI daughtcr's homes, I'm living wllh her,
111 0: Arc you married?
181 A: Ycs, slr, At the tlmc, we're separated.
191 0: And I know you have at least one daughter, How
110) many chUdren -
1111 A: I havc three.
1121 0: Three daughters?
1\31 A: Yeah,
(I') 0: What are their ages?
(IS) A: My oldest Is 32, My middle girL is 31. And m)'
(181 baby girL's 22.
(171 0: And how old are you?
1181 A: Be 51 next month,
(19) 0: What's your social security number?
120) A: 241.72'()198,
1211 0: Where are you emplD)'ed now?
(221 A: For Buckhorn Carriers, which Is based out of
(zal Randolph, MississippI.
(2') 0: What's your Job title there?
(25) A: Truck drl\'er,
Paga 6
0: How long have you been a truck driver for
Buckhorn?
A: I've been driving for this particular company
for 9 1/2 years, Now, as far as the Buckhorn part coming
In, It's only been in 111e last 2 - 2 1/2 years. At one
point, the company was Just listed as - the company that I
pulled the furniture for was listed as Caraway. They Just
changed It over to and put It all under one heading like
that about 2 1/2 years ago.
a: Okay. And before the change, who was -
A: Jt was Caraway Furn1l\1re, That's the
manufacturer of, you know, the furniture that I haul.
a: Okay, 50 Iluckhorn transports or delLvers
products for Caraway?
A: Right.
0: Does Iluckhorn transport an)' products for other
I
companies?
A: No. No,
a: Just for Caraw3)'?
A: Well, them, and we got a branch company In
Mississippi, you know; but we don't do no outside hauling
for nDhod)',
Q: When )'ou get your pa)'check, who does It sa)' It's
from? Does It sa)' It's from Carawa)' -
A: Ruckhorn,
(11
(2)
(31
141
(S)
(6)
(1)
(81
(91
(101
1111
(12\
1131
1141
I1S1
116)
1171
lIal
1191
1201
IZ1\
(221
1231
124\
12S1
Lawrence Walso/.
Jal}uary ~5. 1996
t.wy.,'. Nol.s
hof-
Page 5 . )
. . ~u~~ 'to "'4..)UI1
I Uat'f Z',' 1'96
/'
II) 0: - or does II sa)' -II says It's from Duckhorn?
12/ A: Duckhorn,
IJ) 0: TIle truck )'ou Were operating on Ille day of Ihls
l~) aceldenl, which was 2/2//94, who owned Ihal truck, If you
15) know?
lei A: The - now, If I understand right, Ihe OWner Is
171 really Ryder Truck Rental, See, Ihe trucks are leased from
ISl RYder; and Ihey're operated by DUckhDrn Transport
Ig/ Q: Okay, And who leases Ihe trucks from Ryder?
(10) A: Duckhorn.
1111 Q: Do you know any of Ihe specUlcs of Ihe lease
112/ agreemenl between Duck/lOrn and Ryder?
"~I A: No, sir,
"~I Q: In other Words, If I can JUSI explore Ihal JUSI
'ISI a IJtlIe, Is the lease Just for One truck per run or Is It
1111 you lease a bunch of trucks for a cenaln periOd of lime?
117/ A: TIley - they - they lease a fleet of trucks on
lie) a yearly - I guess, yearly basis.
Ilg) . 0: Do the). assign you a dIfferenl truck for each
1201 run thaI YOU make? Or do )'ou prelly mUch keep the same
(21) truck for a given periOd of lime?
(22) A: Each driver Is assigned his OWn truck 10 drive
/23) thaI truck for the duration of lime.
/24) 0: Oka)'. Now, the truck thaI you Were driving on
1251 the day of this partiCular accident, how long had you been
111 assIgned that truck before lh/s accldenl happened?
121 A: I had IIlal vehicle for apprOxlmalely five years.
1~1 Q: Whose responSlbillly Is 1110 have the !ruck
14J repaired ancl,lor InspeCled?
ISI A: I Would presume II Would be Ryder's
/91 responsibillly.
I') Q: If you had noUced a mechanical _ any l)'jJe of
'a/ mechanical prOblem Wllh )'our truck, who Were you to repon .
II dlat to?
0/ A: Ryder.
'/ 0: .And under - and If Such a clrcllITlstances Would
~I occur, What Would Ryder do?
A: Check II oU!..and repJ/r II.
Q: In a period of, say, fil'e rears before Ihls
aCCident, did you ever repOrt a mechanical problem to Ryder
111al they needed 10 repair?
A: Are YOUlalklng abDUI Ol'er a period of Iil'e
rears? I
0: RighI, If you could think back_
A: Unl,l Probabl)' hal'e; but I can't Indicate no,
rou know, anyone specUlc problem, I mean; bUIl'1II sure
I'Ve asked 10 have somel1J/ng fIXed.
Q: Would you have an)' memory as 10 what partiCUlar
>roblem thaI you reponed and what prOblem Would need to be
ixed?
"-Pages
lIfin.u.Seripl1!l
.., -,
AUeluel " Barb...a 1cndackJ \"
Lawrence Watson lit Ryder Rental " Caraway
Page 7 L.wy.,s NOllls
Page 6
Michael lfc BartJara Lendackl v.
Lawrt:rice Watson lit Ryder Rental Be Caraway
111 A: No.
121 Q: Would )'ou be requited as part of your fob to
131 keep any paperwork or notes describing such an Incident?
1'1 A: Not reaUy, You would - may keep or have some
ISI papers; but It's not a company requirement that you keep It.
16) Q: Do you know U )'DU kept such reports or notes?
111 A: I may have kept them for a period of time; but,
181 you know, something like a period of five )'ears, I've - I
19) would accumulate, )'ou know, not just that particular
1101 paperwork, but among all paper work and eventually throw
1111 some of It away, .
1121 Q: Do )'ou currently have any records or notes In
11~1 your possession regarding any possible mecharucal problems
114) with this particular truck -
1151 A: No, sit,
118) Q: When this accident happened, were you on a
1171 delivery? Or were you going to pick something up?
1181 A: I was returning home.
1191 Q: Was there anything In your traUer?
120) A: No, sit. It was empty.
121) Q: Where were you returning home from?
IZZ) A: Allentown, PA,
1z:J1 Q: When were you In Allentown?
124) A: That morning,
1251 Q: And where was your delivery?
II] A: Um, I'm trying to think of the name. I can't
12] remember the name of the particular place; but It's up there
13) In the old Mac - )'ou know, what used to be the old Mac
14) building there In Allentown. I can't remember what the name
(5) of the company that's In there.
(6) Q: Old Mac Truck building?
(71 A: Yeah, Where they used to manufacture -
IB) a: Where did you start your trip from, the trip to
19) Allentown?
(10) A: To Allentown?
1111 a: Yes,
1121 A: From Sophia, North Carolina.
(13) a: I'm sorry. What was the town?
114) A: Sophia, 5-Q.P.H+A.
115) a: And was that In North Carolina?
(16) A: Yeah,
(17) a: Whnt time did youlea\'e Sophla, North Carolina?
lIB) A: Let's see, Probably - I mean, It's just off
1191 the top of 01)' head on account of - I don't know. nut on
(2e) the 20th -. the accident happened on the 21st. The day
1211 before probably like 1,2:00 In the afternoon,
1221 a: Then since you left that destlnatlon In North
1231 Carolina, did you make any stops along the way before
(24) reaching your destination In Allentown?
12S1 A: Yeah, We probablr, rou know, stopped somewhere
Key Reporters (717) 764.7801 Min.U.Scripl1!l
PagB 9
Page 10
Lawrence Watson
January 25, 1996
L.WY.". Not..
Lawrence Watson
January :ZS; 1996'
III to cat.
(ZI Q: DId you make any other stops?
I~I A: No,
1'1 Q: Was there anyone with YOll making that trIp?
(SI A: No, sir. We run single.
161 Q: Do you keep daily records or notes as to Ule
171 amount of hOllrs YOll spend on the road driving the truck?
(al A: Yeah, We carry a regular daily log,
IQI Q: And when YOll say daily log, Is Ulat the proper
(101 name for that type of documentation?
I111 A: Logbook, yeah. It's - YOll know, our company
1121 glves OUt, It's DOT certlfled, . .
II~I Q: Do YOll have the portion of )'our logbook which
(141 wouId have covered time periods around when this accident
1151 occurred?
Ilel A: Probably not, not now,
(171 Q: Do you submit those kind of records to Buckhorn?
1161 A: Yes. The company has a copy of It.
119) Q: Who do you submit those t)'Pes of records to?
1201. A: My bossman.
1211 Q: And who Is that?
1221 A: Bob Robinson.
1231 Q: That was Dab Robinson?
(2'1 A: Um.hum.
I~SI Q: Was Mr. Robinson )'our boss at the time of this
(I) accident?
121 A: Yes, sir.
131 Q: And Is he stlll your boss?
(41 A: Yes, sir.
IS) Q: And where Is his office located at?
(61 A: At Caraway Furnlture there In Sophia, NorUI
I7J Carolina. WouId YOllllke a phone number?
161 Q: !fyou have one,please.
(91 A: Hl(}().334-B479.
110) Q: And as far as you know, all of your dally log
(II) notes shouId be somewhere where lIIr. Robinson couId fmd them
1121 and produce UIOSC?
II~I A: !f - you know, j( they've stlll kept Ulem.1
(14) don't know how long - how long a period of time the)' have
liS) to keep up wlUt It.
(lei Q: Oka)'. How did )'ou get to Sophia, Nortll
1111 Carolina on the 20th? In other words, where did )'ou leave
I
'161 from to get to SophIa?
I~) A: Ashbur, where I live,
201 Q: Did you have )'our truck \VIUI )'011 _
211 A: No.
12) Q: Old )'ou drive )'our truck to Ashbur to _
131 A: No. I drove my personal vehicle from the home
!.I) to-
!SI Q: What was Ute last truckln '011 ran
'age 11 . Page 12 hlin'U,ScriPI1!l
Michael a: Barbara I.endackJ v.
Lawrence Watson a: Ryder Rental,,,,' Caraway
Page 11 bwye,'. Noles
Page 12
.,.
Michael & Barbara tcndack1 v.
. "
Lawr,;nce Watson & Ryder Rental & Caraway
III berore thJs one, the North Carolina to Allentown
121 trip?
131 A: I'm not sure. I'd have to see a calendar to see
141 what day that the 21st Cell on, I don't know whether It was
151 the first of the week. U It was like, Monday or Tuesday,
IBI then that's the first trip I'd run out that week; but If
111 the 21st Calls on 11ll1rsday or Friday or something, I could
(BI have run a trip the first of the week,
19) Q: Okay. U the pollee accident report Is
1101 accurate,lt would Indicate that the 21st of February, 199.1,
(111 was a Monday.
('21 A: Okay. 11lat was - I JlIst left. In other words,
1131 IleCt out Sunday afternoon and went to Allentown and spent
1"1 the night and unloaded that Monday morning,
('Sl Q: Okay. Now, having told you that, do YOll
IIBI remember what would have been your trip that YOll took before
('71 the fltst - immediately before the North Carolina to
liB) Allentown trip?
1191 A: No, sir. I don't remember where I was at the
(201 last of that following week.
1211 Q: Would those dally log notes tell us?
1221 A: Oh, yeah. Yes, sir,
(2~1 Q: How long were you home before you had to go to
124) Sophia on the 20th?
12S1 A: I don't remember, you know, what da)' that I
(11 finished up the week before, whether I came In Thursday
121 night or sometlme Frida)'; but most llkely, I came In Friday,
I~I sometime Frida)' and fmlshed that week up and then was off
141 until Sunday afternoon,
151 Q: And then that Sunday night )'Oll believe YOll
(61 stayed over somewhere?
171 A: Well, I drove to Allentown and spent the night
181 In Allentown.
191 Q: Do you know where you spent the night?
(101 A: Yeah, They own the property where I unloaded.
(111 Q: Where dld you sleep?
1121 A: In t\1e truck.
II~I Q: Do you have a sleeper In the truck?
(14) A: (No audible response.)
11S1 Q: What time dId you arrive In Allentown?
1161 A: Probablynround 10:30, 11:00,
(111 Q: AmI that's at night?
(181 A: Um.hum.
1191 MR. BIALKOWSKI: larry, answer )'es or no, not
1201 uh.huh.
1211 THE WITNESS: Yes, sir. I'm sDrr)',
IZ2) BY MR. BURCH:
12~1 Q: Did )'ou go an)where whlle YOll were ill Allentown
IZ41 that evening?
IZSI A: No, sir.
Key Reporters (717) 764. 7801 ~lin.U.Script!l
Page 13
Page 14
Lawrence! Wa150n
January IS. 1996
L'wy,,', Noles
pagc 13 - pagc j
l.awrcnce Watson
JanulU')" 25, 1?96
Michael '" Barbara l.c:ndackJ v.
Lawrence Watson '" ,Ryder ,Renlal. '" CllItaway
PagB 15 Llwye,. Note.
II) Q: Do )'ou know What IJme you went to sleep that
12/ evening?
131 A: Probably twenty minutes afler I arrived there as
1'1 soon as I done my paperwork.
IS) Q: Do you know what time )'ou woke up that next
IBI morning?
171 A: ApprOximately a quarter to 7.
181 Q: Do you help unload the merchandise, or docs
19) SOmeone else do that?
1101 A: We have to hclp unload II.
1111 Q: What time did you leave the Allentown location?
1121 A: Probably apprOximately around 9: IS, 9:30.
lIa/ Q: And can you describe 10 me the roads )'ou
1"1 traveled on from the time you left AlIemDwn up until you
liS) reached the area where the accident happened?
1181 A: The condJtlon of them, or the roads I traveled?
117) Q: Just the roads that you traveled,
IIBI A: I come west on 78 to Frystown there at exit
II PI 1 - or exit 2, FrystDwn Truck Stop; Slopped and had
120) breakfast; was there approximately 45 mlnutes; left there,
1211 come down old 22 Into HarrJsburg, which thell pick up 5 _ or
122) 28 - 283 and comes around 10 581. And 581 around to 15 llJ1d
IZ~) then went south - was goIng south on 15,
1241 Q: Can you leU me In c:lther mUes or In llme how
12S) long you were on Route 15 before the accident happened?
II) A: Fifteen, twenty minutes.
12/ Q: For that fifteen to twenty minutes tlJat you Were
I~) traveling on Route 15 before the coWs Ion happened, what
1" were the weather condJtlDns Uke?
IS) A: It was - Jt was heavily foggy; but It wasn't,
10) what say, a ground fog. It was up to the point of
II) viSibility was reasonable; not clear, but reasonable. Okay.
la/ II wasn't plumb down on the ground.
,gI Q: Do you recall how far you could see In view of
110/ the fact of the foggy condJtlons?
111I A: At the point of gettlng off of 561 onto 15,you
112/ could see probably a quarter of a mile,
11~) Q: How about In or around tile area where this
114) accident occurred? How far could you see at that location?
/151 A: Probably not over 50 fcel.
(161 Q: What were the traffic condJtlons Uke from the
;11/ flfleen or twent)' minutes that )'oU were on HOUle 15 before
I
'Ial the coWslon OCCurred?
'9/ A: Reasonable, you kno\\', It wasn'l real heavy
101 traffic; but tiley was some traffic, but 1101 real heavy.
HI Q: When )'ou emered Onto Roule 15, that was from
121 Route 581?
13/ A: Right.
'41 Q: When you first enlered onto RDule IS, did you
5/ lake nOllee of an . of the olher ,'e1ucles Ihal were traveiln
'age 15. Page 16 MJn-U.Serip~
Page 16
Michael Il< Barbara Lcndack.1 v.
LawrC".Ilcc'wat.;on A Ryder Rental A Caraway
(II In the same direction as }'ou?
121 A: Yes. slr.
131 Q: What vehJcles did )'ou notice?
141 A: TIle little: 5-10 pickup J thlnk's Indicated as
ISI the second vehJcle, I had followed him, I can't remembe:r
16) whether he come off of 581 and got In front of me; but I do
II) remember that fust shortl)' after I got onto IS coming south
(6) that he was traveling right ahead of me. And I followed hJm
(01 nil the wa)' to the accident,
(10) Q: Do you recall any other vehicles that were
1111 traveling In the same direction as you?
1121 A: No, sir. .
ll~) Q: Just the 5-10? .'
I") A: (No audible response,)
(IS) Q: I'm sorry. You have: to say )'es or no,
lIB) A: Yes, slr.I'm sorr)', I apologize.
- 1171 Q: That's oka)', Oka)'.Just describe to me In your
1181 own words, Mr. Watson, what happened as )'ou were lravellng
11G) down Houte IS from the moment )'ou first entered onto the
1201 hJghwa)' as you're approaching down and going down to the
1211 point where the accident happened.
1221 A: aka)'. The reason wh)' that I took notice of, like
12~1 I indicated, following the little 5-10 pickup was because It
(2') was a service vehicle of some type. It had varlous.type
12S) stickers all around over It,
Page 17
(I) And, you know, I'd just ride along - I was
12) paying attention to what I was dOing; but I was also reading
I~I some of the wording and stickers that he had on it. And I
141 just was running the left lane, been In the left lane pretty
(S) near ever since we come off of - or got on IS.
16) Q: Do you know how fast )'OU were going?
II) A: I was running probabl)' 35,40 mile an hour.
161 Q: Okay.
IG) A: And I was Just - I was running at a safe
110) cllstance behind hIm, And then when we got to tile point of
Ill) where the accident was, it got m)' attention because all ofa
1121 sudden he d:u-ted out across the median strip,
11~1 Q: In which direction did he go?
(I') A: To the left. And that's what got m)' attentIon
(IS) as to wh)' he darted out across to the left of the l1lecllan
116) strip, And then all of a sudden, there appeared the XTI.
117) tractor anrllraller with this pickup, you know, up under the
(lal back of it:
(lG) And Ill)' reaction was, due to tile fog, we had come
120) In so close to It that I knew I wouldn't get stopped to sta)'
121) in the roadwa)', 50 I took - we:nt to the left too, and went
122) across the median strip to go out across the median strip,
12~1 Q: When )'ou first saw lhe XTI. tractor and the
124) pickup, was there a1rcad)' a collision? Or was the
12S) coUlsion-
Ke}' !tellorters (717) 764.7801
Page 18
. ,
Lawrence Watson
January 2S, 1996
Lawyer'a Notes
Lawrence Wauon
January 25. 11l9(j
III
12/
131
1'1
ISI
IB/
"I
181
18/
.-110/
1111
1121
It~1
11'1
lIS)
1181
1111
IIBI
118/
1201
1211
122/
12~1
12'1
'1251
A: Yes, sir.
a: - happening? Or at whal pDlnl did )'OU observe
aU tills?
A: Everytlllng had done happened. Ever)tlllng had
come to a stop. The Nlssan -! believe, )'OU referred to It
as the pickup - was already slid up under the back of the
xn traClor llnd trailer and ever)1hlng, And lhey was other
vehleles there.! can'l recall as to which ones or what
poslUons tile)' was selllnR, )'DU know, In the right lane; but
everything had done come to a SlOp.
a: Do )'ou know whether this 5-!0 pickup truck had
come Into contact wlUI what we're referring to as the Nlssan
pickup truck?
A: Old )'ou ask me If the 5-10 pickup hit the
Nlssan?
a: TIlat's correct.
A: No, sir. No, sir.
a: And wh)' would )'ou say no?
A: Decause I was following 1110 the PDlnttllat I
could see It. I could see that It dldn't make Contact with
It.
a: Old you see the Nlss.an Impact wlUI any vehicle
up until that point?
A: No, sir,
a: Oka)'. Describe to me what happened as you tried
MJchael 8: Barbara I.endackJ v.
Lawrence Wauon 8: Ryder Rental 'a: Caraway
Page 19 Lawyer's Notes
III to slow your vehIcle. And )'ou told me )'OU went off Inlo Ule
121 dlrecUon of the median, I believe?
131 A: At that point In time - and I seen that I
141 couldn't sta)' In the roadwa)' and gel stopped _ I
151 immediately swerved to the left across the median, And as
16/ I done that, I also observed that there was another parked
11/ vehicle In the median strip, which I think )'ou all referred
IB/ to It as a PI)'mouth Horizon.
III And due to the fact that the medlan where )'ou
1101 had all the rain or snow or whatever was all soft and wet
1111 and mllshy,my vehicle slarted to go Into a Jackknife becausc
1121 I didn't touch anyt.hlng with the front end of my vehicle,
:t~J My vehIcle was - struck the !'!)'mouUI Horizon
"I with the right side. In other words, Ule fuel lank and the
15/ right side of the cab and all was what struck tilC vchlcle,
16/ a: Old rour tractor trailer come Into COntacl With
171 an)' other vehIclFs at tim scene?
lal A: No, sir, not to m)' knOWledge,
'9/ a: Old )'our tractor trailer lrllck come Into contact
01 at an)' Ume with tile Nlssan pickup tmck?
'1/ A: No, sir,
21 a: How far awa)' were )'OU frollllhe Nlssan pickup and
3/ the XTL traller when )'OU first entered fnlo tilC mcdian area?
'I A: Approxlmatc:l)' 20 foot, 25 feel.
;/ a: How far did 'our vehicle travel in lhe median
'age 19 . Page 20 l\fil1.U.Scrlpl1li>
Page 20
I\:e)' Reporters (717) 7{,4."1Rn1
Michael & Darbllra 1.cndackl v.
, .
Lawr~.r\ce Watson & Ryder Renlal & CarawllY
III area before coming 10 a complete stop?
121 A: I'robably 18 10 20 feet.
I~I 0: Do }'ou know how fasl you were going when you
1'1 firsl entered Into Ihe median area?
151 A: No, sir, because J done appUed the brakes, And
161 I don't know what speed it broke down 10; prohably - you
111 know, I really don't have no luea,
lal 0: After }'OU finally brought )'our vehicle to a
IGI stop, what did )'ou do?
1101 A: Started to get out. But due to the fact of
1111 hearing other brakes being applied and hearing other
11Z) vehicles coUlue, I chose not to get out right at the moment
1\31 because I was afraid somebouy would then maybe come up on
1141 the left side of me, you know.
11S1 And so I didn't get out of my vehicle for a
(\61 period of, I guess, 2,3,or 4 minutes until Ijust - I
(11) cracked the door, Ilstened, you know. And after I pretl)'
1161 much felt that ever}'thJng had settled down and wasn't nobody
119) coming, then I got out and was going to go check the
(201 Horizon - the Uttle Pl)'mOlllh Horizon that I made contact
121) with.
1221 And when I did that, tile gentleman tllat owned It
1231 came from the other side of the hlghwa)' over there where the
(24) accldents were. and came around the front of the XU tractor
12S1 and trailer and proceeded to go to the drl\'er's side of the
PagB 21
Paga 22
II) car.
12) And he couldn't get the door open. Came back
I~I around to the right door and opened It, And at that point,
1'1 I was done down out of my vehicle walklng towards him. And
IS) nI)' reaction was frightened because I couldn't see nobod)'
161 setting in the vehlcle.
17) So I asked hIm If there was an)'body Injured, He
(6) sald, No. He said, 1l1Is vehicle belongs to me.Me and my
(91 daughter were already out of It. lie said, We were over on
(\01 the other side of the hlghwa)' dGwn there helping people get
1111 out of those cars and see to them,
I1Z1 0: Dld.}'ou ever see Ihe person who was In the
II~I NIssan pickup tnlck?
(141 A: I did walk back tllere to observe or look, }'ou
11S1 know.
116) 0: Tell me what }'ou saw?
1111 A: Um, I just walked up to the right side looking
(\BI In the right door; and the gentleman had collapsed over to
1'91 hIs right over on the console, Anu, you know, I couldn't
1201 really describe or Indicate how bad he was Inlured.I could
IZII teU that he had injured or struck the side of his head.
1221 0: And how could )'ou tell that?
IZ~I A: Because he was bleeding.
1241 0: 1I0w long were }'OU atlhe accident scene that
IZSI da)'?
Ke}' Iteporters (717) 764.7801 Min.U.Scriptl!>
.Lawrence WatsOI
January 25, 199C
LeWYBr~ Notes
Lawrence Watson
January 25, IP96
, .
Michael A Barbara LelldackJ v.
Lawrence Watson A Ryder l\ental 'a: CIll'llWay
Page 23 Lawyer's Notas
(II A: Approxlmatel)', 5 1/2 hours.
.. III Q: While YOII were at the accident scenc, did an)'one
I~I say to )'ou that they thought )'ou hIt the Nlssan pickup
III tnlck?
IS) A: No,sIr.
161 Q: Old the person In the Pl)'mouth Horizon sa)' to
111 )'OU !ltat he thollght you hIt the Nissan pIckup trUck?
..... 181 A: No, sIr.
191 Q: Old you talk to !lIe dril'er of the xn tnlck?
(101 A: We exchanged words, I mean, various things, I
Ill) don't remember exactly what all tile conVersation was about.
(121 Q: Old you - did !lIe two of)'ou lalk about the
(131 accident?
II<) A: They may have been something said; bllt to what
(IS) extent - we didn't - we didn't - we didn't talk a whole
1101 lot.
Ill) Q: Old )'ou see the driver of tile Nissan pickup
(I B) trUck being transported by an ambulance?
(I D) A: No, sIr.
(20) Q: For !lIe 5 1/2 hours tllat you were tllere, where
IZ11 were you or what were YOII doing?
(21) A: The large portion of the lime, selUng In my
12~) vehicle.
(14) Q: Were you filling out any reports or notes at
lIS) that time?
111 A: No, sIr.
III Q: When was the fU'stlime tllat )'ou wrote a report
I~) or an account of what happened on Route 15 !llat day?
(4) A: The next morning,
IS) Q: And what did you do with tllat report?
16) A: Give It to the company or, you know, give It to
171 the boss man.
18) Q: Is that Mr. Robinson?
19) A: Yes, sIr.
(101 Q: How many pages was that report? Do YOII
1111 remember?
1121 A: I have - ~ don't remember.
II~/ Q: Do YOII know whether or not It was morc tllan one
114/ page long?
1151 A: I'm not sure. I don't remember exacll)'
1181 how - what nil waslnvDll'ed in the report,
1111 Q: Were )'011 el'cr cited b)' the pollcc for this
I
:181 accident for an)'.reason?
191 A: No, sIr.
201 Q: Were you ever reprimanded or Ilunfshed In an)' wa)'
211 by your employer because of IJ11s accident?
III A: UIlI, I lost a safety bonus O\'~r It,
131 Q: Okay, And I thInk I might know what that 15,
1</ but cOllld YOII describe to lIle what n safet)' bonus is?
15/ A: Well, we draw eXlra a ever' uarter, 011 know,
~age 23 . Page 24 Min.U.scripw
Page 24
Ke}' Reporters
Michael,'" Barbara Lcndackl v.
Lawr,~nce'Walsdn .!It Ry'der Rental &: Caraway.
(\1 ICwe don't have no accidents or damage to a tntck or
121 traUer In any wa)'. And IC we do, we lose It regardless oC
PI whose fault, whether It was our Cault or, you know, or
141 whether - even whether there was a ticket give Is what I
151 meant, trying to indicate, )'ou know.
IBI Just Uke In that case, there: wasn't a citation
\71 glvej but yet because the company had to pay to have the
tBI truck repaired, )'ou know,so then thereCore, IstllJ lost my
(01 safety bonus over It.
IIGI a: Were you reprimanded or punished In an)' other
III) wa)'?
1121 A: No, sir.
Ilal a: 1n other words, were )'OU suspended without -
(141 A: No, sir.
\\51 a: - payor anything like that?
1161 A: No, slr.lleCt on Wednesday going to eWcago.
(171 MR. BURCH: 1 think what I would like to do at
[181 this point In view oC the Cact that we don't have the dall)'
1101 log notes here Is 1 would like to reserve the right to
[2GI conduct further discovery deposition with Mr. Watson once we
1211 do have those log notes,
(221 And IC 1 deem It necessary to continue Crom
1231 there, and rather than keep this going, because 1 would say
(241 the log notes are a fairly Important part of Ws
(251 deposition. So why don't we do that IC there's no obJection?
[II MR. BIALKOWSKI: That's agreeab\r: with me.
121 MR. BURCH: Do you have any questions you would
(3) like to ask Mr. Watson at this time? Because I'll finlsh up
(') now with that agreement.
IS) MR. BIALKOWSKI: No. Yeah - nO,1 don't have
IB) any questions.
111 MR. BURCH: Okay.
181 MR. BIALKOWSKI: Yes, I'm agreeable with the
191 manner In which you want to proceed,
1101 MR. BURCH: Okay. Well, why don't we do that
1111 then? Why don't we discontinue tile deposition at this time
1121 lmtll we can gather that type of information -.
(I~I MR. BIALKOWSKI: Okay.
1"1 MR. BURCH: - such as the dall)' log notes and
(151 the accident report and the things that are part of the - I
1161 guess it would either be the Duckhorn Dr Carawa)' me on
1\11 tWs. And lof necessar)', we can reconvene and conclude the
(161 deposition at that time,
(101 MR. BIALKOWSKI: Okay,
IZOI THE WITNESS: Let me Indicate that as far as,
IZII like, what you're asking about the logs and accident report,
1221 all that will be kept at Carawa)', In other words.
1231 MR. BURCH: In North Carollna?
12.\ THE WITNESS: Yeah. In other words contact, !lob
1251 Hoblnson.llust want to Indicate and l'erlCr that so rou
Key Reporters (717) 764.7801 IUin.U.Scrlpt!
'Lawrence Walson
. .
January 25, 1996
Page 25 Lawyer'. Notes
Peg826
,"
Michael &. lIarbara U:ndackl \'.
Lawrence Watson & Ryder Hemal & Caraway
.raa 15:15: 16:n;
20:23; 21:1, 4
.round II: \01;
\01:16; 15:12.22,22;
16:n; 17;25; 21:2-1;
22.3
.rrlv. \01:15
arrived 15:3
AshbuI .1:2.1: 12: 1~.
22
esslon 7:19
assigned 7:22; 8: I
assume .\:12
aUentlon 18:2,11,
1.1
AUorney 3:13
eudlble \01:1,1; 17:\01
away9:11; 20:22
1
14:7; 10:21; 15:19
1.800.334-0470 12.9
1/2 6:4,5,9; 23:1, 20
10:3014:16
11;0014:16
15 15:22, H. 25;
16:3, II, 17, 21, 2.1;
17:7,19; 18:5; 21:3
1621:2
100413:10
2
26:5,5,9; 15:19
2,321:16
2121/ll47:4
2020:24; 21:2
20th 10:20; 12: 17:
13:2.1
21sI10:20; 13:.1,7,
10
225:16; 15:21
241-72.01065:20
25 20:24
272034:24
2815:22
283 15:22
28304:23
2:0010:21
~
315:15
325:15
3518:7
4
421:16
4018:7
4515:20
4:01 27:5
5
515:21; 23:1, 20
5016:15 I
51 5:16
66115:22,22: 16:11,
22: 17:6
7
7 15:7
7615:16
Key Reporters
9
06:,1
9:1615:12
9:30 15: 12
A
abllltlel.I:13
able'I:17
accident 3:10;7;,1,
25;8:1,15;9:10;
10:20; 11:\01; 12:1;
13:9; 15:15. 2\;
16:1~; 17:9,21;
18: II; 22:2.1; 23:2,
13; 24:18, 21; 26: 1 5.
21
accidents 21:2.1;
25:1
.ccounII0:19: 2-1:3
accumulate 9.9
accural. 13: 1 0
.cross 18: 12, I 5,
22,22; 20:5
aClu.lly 5:5
alrald 21:13
efternoon 3: 13;
4:20: 10:21; 13:13;
14:,1
aoes 5:\01
ago 6:9
agreeable 26:1, 8
AGREED 3:2
agreement 7: 12;
26:.\
ahead 17:8
Allentown 9:22,23;
10:.1,9,10,24; 13:1,
13, IB; 14:7,8,15,
23; 15:11, 1.1
allow 4:2
along 10:23; IB:I
alre.dy 18:2.1; 19:6;
22:9
ambulance 23: 18
among 9:10
amount 11:7
snd/or 8:.f
enswerlng 49. 12
antlclpote .1:3
enybody 227
snyone II :,1; 23:2
anywhere J.f:23
spologlle 17:16
oppeBred 18: 16
eppllod 21:5, II
opproachlno 17:20
opproxlmslely R.2,
15:7,12,20; 20 2-1:
23:1; 27:5
(717) 764-7801
c.lend.r 13:3
coli 27:1
c.lled 3.9
com. \01: I. 2: 21 :23.
2,1; 22:2
con 7;1-1; 15:13,2-1;
26: 12, 17; 27:,j
cor 22:1
C.rowoy6.7, II, 1,1.
19.2.1; 12.0;20:10,
22
Carollno 4:2.1;
10: 12, IS. 17,23;
12:7,17; 13:1.17;
26:23
CarrlBrs 5:22
corry 11:8
cars 22;11
case 25:0
cOlloln 7:10
cortlll.d 11:12
chong. 6:10
changed 6:8
Check8:13;21:19
Chlcsoo 25:16
children 5:10
chose21:12
clrcumstonces 8:11
citation 25:6
cited 2-1:17
clear 16:7
close 18:20
collapsed 22:IB
collide 21:12
collision 10:3, IB;
18:2,1,25
coming 6:.f; 17:7;
21:1,19
companies 6:17
company 0:3, 6. 0,
20; 9:5; 10:5; 11:11,
18; 24:6; 25:7
complele 21:1
conclude 20:17
concluded 27:5
condition 15:10
conditions 10:.1, 10.
16
conduct 25:20
console 22:19
conlacI19.12,20;
20:10,19; 21:20;
20:2.1
continue 2\:22
conversstlon 23: II
copy 11:18
couldn't 20:-1; 22:2,
5, 19
counsel3:J
couple ,1:7
_ Court .1:23
covered II:H
Min.U.Script.!)
B
baby 5:16
back 8:19; 16:18;
19:0; 22:2, I.f
bBckground 3: 16
bad 22:20
bssed 5:22
basis 7:16
behind 18:10
believe 14:5; 19:5;
20:2
belongs 22:8
bes14:13
BIALKOWSKI
1-1:19: 26:1, 5, 6,13,
19; 27:3
bleeding 22:23
Bob 11:22.23; 26:2.f
bonus 2,1:22.2,1;
25:9
boss II :25; 12:3;
2-1:7
bossm.n 11:20
bolh4:7
brakes 21:5, II
branch 6:20
break.f:1
brealdast 15:20
broke 21:6
brought 21:8
Buckhorn 5:22,6:2,
.1.13,16,25; 7:1, 2.
8.10,12; 11:17:
20:10; 27:1
building 10;.1,6
bunch 7:16
BURCH 3:12, 1-1:
1,1:22; 25:17: 20.2, 7.
10,1-1,23
c
cab 20:15
crIcked 21:17
currently 9: 12
D
dally 116,8,9;
12:10.1321;25:18,
26:11
dlm&gs 25:1
dlrled 18:12, 15
daughter 5:9; 22:9
daughter'15:6
dlughterl5:12
day 7:3. 25; 10:20;
13:4,2\; 22:25: 2,1:3
deem 2\'22
delive,. 0:13
dellvory 9:1'7, 25
deposhlon 25:20,
25; 25.11.18; 27:5
describe 15:13;
17:17; 19:25; 22:20:
24:24
describing 9:3
destlnetlon 10:22,
2.1
dlHerent 7:19
direction 17:1, II;
18: 13; 20:2
discontinue 26: II
discovery 25:20
distance 18:10
documenlatlon
11:10
done 15:4; 19:4, 10;
20:6; 21:5; 22:4
door 21:17; 22:2, 3,
18
DOT 11:12
down 3:24; 15:21;
10:8; 17:19, 20, 20;
21:~, IB; 22:4,10
draw 2.f:25
drive ;:22; 12:22
driver 5:25;6:1;
7:22; 23:9,17
drlver's 21:25
driving 6:3;7:2-1;
\1:7
drove 12:23; l.f:7
due 5:5; 18:19; 20:9;
21:10
duly 3 9
duration 7:23
E
eoch ;:19, 22
cot II I
either 1\:21; 26: 10
else 159
employed 5:21
I.nwrcncc Watson
January 25, 1996
employer 24:21
empty 9:20
end 20:12
enlures .f:8
entered 16:21.2.1;
17:19: 20:23; 21:,1
entlr.'I:.1
even 25:,1
evening \01:2.1; 15:2
eventually 9:10
.very 2-1::':5
Every1hlng 19:4.'1.
7,10; 21:18
exoct4:9
exactly 23: 11; 2.\:15
EXAMINATION 3:11
except 3:5
exohonged 23:10
exit 15:18,19
explor.7:1'1
exlent23:15
oxtro 24:25
F
loctI6:10;20:9;
21:10: 25:16
f.lrly 2~:24
lolls 13:7
lor 6:4; 12:10; 16:9,
14; 20:22, 25; 26:20
lost 16:6; 21:3
loult 25:3, 3
February 13:10
feet 16:15;20:24;
21:2
le1l13:4
lelt21:18
Fifteen 16:1,2,17
IlIe26:16
IlIIng3:4
tilling 23:2.1
tlnally 21:8
tlnd 12:11 '.
tlnllh 26:3
finished 14:1,3
first 13:5,6,6, 17;
16:24; 17:19; 18:23:
20:23; 21:.1; 24:2
five 8:2.14,17; 9:8
fixed 8:22, 25
fleet7:17
log 16:6; 18:19
loggy 16:5, 10
lollowed 17:5,8
lollowlng 13:20;
17:23; 19: 19
follows 3: I 0
1001 20:2.1
form3:5
four 5:2
............ .,.....)Uj. Michael 8< /larhara LcndaekJ vl
Januarr, 'is. 1996. Lawrence WaL!ion & R}'der Rentd a: Caraway
Friday 13:7: U:2, 2, ,Immedlataly 13: 17; log 11:8,9; 12:10; near !:3; 18.5 Own 1'21, H 10, problem 8:8,15,21,
3 20:5 13:21: 25: 19, 21,2'1; neceuary 2S:22, ;7,13 2-f,2~
frightened 22:5 Impac119:22 26:14 26:17 owned 7:~, 21:22 problema 9:13
front 17:6: 20: 12; Important 25:21 Logbook 11:11, 13 need 4:1; 82-1 OWner7:6 proceed 26:9
21:24 Incident 9:3 loga 26:21 needed 8: I 6 proceeded 21 :25
Fry.town 15:18, 19 Indlcale 8:20; 13: 10; long 5:1;6:1,7:25, nellt 5:18; U:5: 2-1:,1 P ploduce 12: 12
fuel 20: 14 22:20,25:5, 26:21l. 25 12: 1-1, H, 13:23; night 13:1,'. 1-1:2,5, producta 6:14,16
fumlture 6:7,11,12: Indlceted 17:~, 23 15:25,22:2.1; 2.1: H 7,9,17 p.m 27:5 proper 11:9
12:6 In'ormotion 26:12 look 22: H Nluen 19:5,12,15. PA 9:22 propelly 3:24
further 25:20 Injured 22:7, 21l, 21 looking 22: 17 22; 20:20. 22, 2!:13, pege 2-1:1.' property 14:10
future 5:4 Inapected 8:,' 10le 25:2 23:3,7, 17 poges 2.1:IG pulled 6:7
Inlo 15:21; 19:12; 10112-1:22; 25:8 nobody 6:22; 21: 18; poper 9:10 punished 2~:20,
G 20:1,11,16,19,23; 10123:16 22:5 papars 9:5 25:10
21:.' Nods 3:23 paperwork 9:3,10; pu16:8
gather 26: 12 Involved :":16 M Norlh 4:2,1, 10: 12, 15:.'
gentiemon 21:22; 15,17,22; 12:6, 16; parked 2o.G Q
22:18 J Mac 10:3,3,6 13:1,17,26:23 part 6:4;9:2: 25:2.',
gestures 3:23 making 11:" nolel 9:3,6, 12; 26:15 quarter 15:7: 16:12;
11:6: 12:11, 13:21;
glr15:15 Jackknife 20: 11 men 2":7 23:2-1; 25:19, 21, 2.'; psrtlcular 6:3;7:25, 2-1:25
girl'. 5:16 Job 5:2.1; 9:2 monnar 26:9 26:H 8:23,9:9, H: 10.2
given 7:21 monu'Bcture 10:7 notice 16:25; 17:3, pertles 3:3 R
gives 11:12 K monufecturel6:12 22 pey 24:25; 25:7,15
Good 3:13 many 5:10; 24:10 noticed 8:7 peycheck 6:23 rain 20:10
ground 16:6, 8 kaep 7:20,9:3,4,5; merrlad 5:7 numbel 5:19; 12:7 psy/ng 18:2 ran 12:25
gueI17:16:21:16, 11:6; 12:15; 25:23 may 9:-1, 7, 23: 1.( people 22:10 RBndolph 5:23; 27: 1
26:16 kepI 9:6,7, 12: 13; maybe 21:13 0 per7:15 Randy 3:14
26:22 mean 8:21; 10:18; period 7:16,21; relher 25;23
H kind 11:17 23:10 objection 25:25 8: l-I, 17; 9:7, 8, resched 15:15
knew 18:20 meenl25:5 objections 3:5 12:1",21:16 reschlng 10:24
happened 6:1:9:16; knOWledge 20:18 mechlnlcoI8:7,8, oblerve 19:2; 22:1,' periods 11:1.' reaction 16:19; 22:5
15; 9:13 perlon 22:12; 23:6
10:20; 15:15, 25; L median 18:12,15. observed 20:6 personeI12:23 reading 3:3; 18:2
16:3,17:16,21; 19:4, 22, 22i 20:2,'.7,9, occur 8:12 "hone 12:7 real 16:19, 20
25; 24:3 23,25; 21:.. occurred 11:15; plck9:17; 15:21 really 7:7; 9:4: 21:7;
heppenlng 19:2 lone 16:4,4; 19:9 medications 4: 15 16:14,18 22:20
Harrllburg15:21 large 23:22 off 10:18; 1'(:3, pickup 17:4,23; reason 4:1, 19;
haulG:12 Larry 14:19 memory 8:23 16:11: 17:6; 18:5; 18:17,24: 19:6, II, 17:22; 24:18
merchandlsa 15:6 13,14,20:20.22. reasonable 16:7,7,
hauling 6:21 18116:5: 12:25; 13:20 middle 5:15 20:1; 27:4 22:13,23:3,7,17
head 3:23; 10:19; LAWRENCE 3:8 office 12:5 Pine 4:23 19
22:21 lawsuit 3:15 might 2,.:23 old 5:17; 10:3,3,6; plsce 10:2 recall 16:9; 17:10:
mile 16:12; 18:7 19:8
heading 6:6 lease 7:11, 15, 16, 17 15:21 Pls/ntiffs 3:9
hear4:17 miles 15:2,( oldelt 5:15 reconvane 26~17..
hearing 21:11,11 lealed 7:7 mlnules 15:3,20, Once 4:11; 25:20 plans 5:3 record 27:4
leases 7:9 16:1,2,17: 21:16 pleese 3:IB, 22; 12:8 recoldl 9: 12; 11 :6,
heavily 16:5 least 5:9 Mlsslls/ppI5:23; one 5:5,9; 6:5, 8; plumb 16:8 17,19
heavy 16:19, 20 lesve 10:17; 12:17, 6:21; 27:2 7:15;8:21; 12:8, Plymouth 20:8, 13; referred 19:5; 20:7
13'1;24:13
help 15:6, 10 15:11 momenI17:19; ones 19:8 21 :20; 23:6 referring 19:12
help/ng 22:10 left 10:22; 13'12,13; 21:12 only 6:5 point 6:6; 16:6, 11: regard 3:14
hlghwsy 17:20; 15:14,20; 18:... 4.101, Monday 13:5, II, H 17:21; 18:10; 19:2, regarding 9: 13
21:23: 22:10 15,21; 20:5;21:101: month 5:18 onlo 16:11,21.2.1; 19,23; 20:3;22:3;
hII19:14: 23:3, 7 25:16 monlhs 5:2 17:7,19 25:18 regardless 25:2
home9:16,21; Lendackl's 3:14 more 2":13 open 22:2 police 13:9;2.I:li regular 11:8
12:23; 13:23 likely 14:2 morning 9:2,1, opened 22:3 portion 11:13: 2322 remember 10:2,4;
homes 5:6 listed 6:6, 7 operated 7:8 poslllons 19.9 13:16,19,25; 17:5,7;
13:14; 15:6,2.1:-1 23:11; 2'(:11,12,15
Horizon 20:8, 13; ~sten "'19 mosllol:2 operallng 7:3 possession 9:13 Renlel7;7
!1:20, 20; 23:6 listened 21:17 moving 5:3 oUI5:22;8:13; 11:12; possible 9:13 repair 6:13,16 . ,
hour 18:7 little 7: 15; 17:01, 23; much 7:20; 21:18 13:6,13; 18'12, 15, presume 8:5
hours 11:7; 23:1, 20 21:20 mushy 20:11 22; 21:10, 12.15, 19; prel1y 7:20; 16:~; repaired 8:4; 25:8
IIve":22, 23; 12:19 22:4,9,11; 23:2.1 21:17 rephrase 3:18
I lived 5:1 N outside 6:21 probably 8:20, report 8:8,15, 13:9;
living 5:6 over 6:8; fl: 17; 1'1'6, 10: 18,21,25; 11 :16; 21:2.5,10,16; 26:15,
16:15; 17:25;21:23, \01:16; 15:3.12; 21
localed 12:5 nome 3:13; 10: 1, 2, 22:9.18,19; 2,1:22, 16:12,15; 18:7,212, reported 8:2.'
local/on 15'11; 16:1,1 .1; 11:10 25:9 (, repDrls 9:6; 23:24
:rlda)' . reports J\lin'U'Scrip~ Kc)' Rcporters (717) 764-7801
Michael & liarbara Lcndackl \'.
Lawrcnce Watson at Ryder Rental at Caraway
,
r.pr...nt !: I ~ .lngl'II:S th.r.rore 2S:8 Urn-hum 11:24; work 9:10
reprlmend.d 24:20: .I..p I~:I\; IS:I they'r. 7:8 H:18 wrot.24:2
2S:10 .Ieeper 14:13 they've 12: 13 under 6:8;8:11;
requlr.d 9:2 .lId 19:6 think'. 17:" 18:17; 19:6 X
requlrement9:S .Iow 20: I thought 23:3, 7 under.tood 3:20;
r...rve 2S:19 snow 20:10 threeS:II,12 4:12 XTL 18:16.23; 19:7;
rellrved 3:6 .oclnl S:19 Ihrow9:10 unload I S:8, 10 20:23: 21:2,.; 23:9
re.ldence S: I '01120:10 Thur.day 13:7; \01:1 unloeded H:H;
\01:10
respective 3:3 somebody 21:13 ticket 2S:.1 up 9: 17; 10:2: 12:1S: y
reepond 3:19,22; eomeone 15:9 tltIeS:2-I \01:1,3; IS:5, 14,21;
-l:S, 11 .omethlng 8:22: today 3:16: .1:3. IS 16:6; 18:17; 19:6.23: Yeeh S:H; 10:7. 16,
re.pon.e 14:\01: 9:8,17; 13:7; 23:\01 21:13: 22:17; 26:3 2S; 11:8, II; H:22:
17:14 .ometlme 14:2,3 told 13:15: 20;\ 14:10: 26:S, 2-1
re.pon.lblllly 8:3, 6 took 13:16; 17:22: upon 3:9 yeerly7:16, t6
lomewhere 10:25; used 10:3,7
returning 9:18, 21 12:11; 1~:6 18:21 veer. 6:.\, S, 9; 8:2,
ride 18:t loon I S:4 top to:19 V 14,18;9:8
touch 20: 12
Right 6:1 S;7:6; 8:19; SophleI0:12,I.j, toward I 22:4 Z
16:23; 17:6; 19:9: 17; 12:6, 16, 18;
20:14,lS;21:12; 13:24 town 10:13 varloul23:10
22:3,17,16.19; lorry 10:13: \01:21; trsctor 18:17,23: vsrloul.lypa 17:2" zip 4:25
2S:19 17:IS,16 19:7; 20:16,19; 21:2.' vehicle 8:2; 12:23;
road 11:7 south 15:23, 23: 17:7 traffic 16:16,20,20 17:S, 24; 19:22: 20:1,
road. IS:I3, 16, 17 epeclflc 6:21 \railer 9: 19: 16: 17; 7,ll,12,13,lS,2~
21:6,15; 22:4, 6. 8:
roadwey 18:21; 20:4 Ipeclfics 7:11 19:7; 20:16,19,23; 23:23
Robln.on 11:22,23, speed 21:6 21:25; 25:2 vehicles 16:25;
25; 12:11; 2.1:8; 2G:25 spend 11:7 tlenlcrlpt3:4 17:3,10; 19:8; 20:17;
Route I S:25; lG:3, spent H:I3; 14:7,9 transport 6:16; 7:8 21:12
17,21,22,24; 17:19; stsrt 10:8 tranlported 23:16 verbslly 3:22
24:3 .terted 20:11;21:10 tran.ports G:13 verify 2G:25
run 7:IS, 20; 11:5:
12:2S; 13:6,6 stey 18:20; 20:4 travel20:2S view IG:9; 25:16
running 18:4,7,9 stayed 14:6 traveled IS:14,IG, visibility 16:7
Ryder 7:7.6,9, 12; stlckerI17:25; 18:3 17
6:10,12, IS stili 12:3, 13; 25:6 traveling IG:3,25; W
Ryder'.8:S STIPULATED 3:2 17:8,11,18
STIPULATIONS 3:1 trial 3:7 Walt 4:4
S Stop 15:19; 19:5, 10; tried 19:25 waived 3:5
21:1,9 trip 10:6,6; 11 :4: walk 22:14
5.1017:4,13,23; stopped 10:25: 13:2, G, 6, IG, 18 walked 22:17
Truck 5:25: G:I;7:3,
19:11,14 15:19; 18:20; 20:.' 4,7,15,19,21,22, walking 22:4
5.0.P.H.\.A 10:\01 stops 10:23: 11:2 23,24; 8:1, 3. 8; 9:14; WATSON 3:8.13;
sale 18:9 Streel4:24 10:6; 11:7; 12:20,22; 4:22; 17:18; 25:20:
.elely 24:22,24: It rip 18:12, 16,22, 14:12,13: 15:19; 2G:3
25:9 22; 20:7 19:11,13;20:19,20: way 10:23; 17:9;
same 4:6;7:20; 17:1, struck 20: 13,15; 22:13; 23:4, 7. 9,18; 2,1:20; 25:2, 11
11 22:21 25:1,6 weather IG:4
saw 18:23; 22:IG submit 11:17, 19 trucking 12:25 Wednesday 25:IG
acene 20:17;2;!:2,1; sudden 18:12, lG trucks 7:7, 9. IG. 17 week 13:5,6,8,20:
23:2 Sundsy 13:13: 1-1:.1. try'I:3 1'1:1,3
sealing 3:4 5 trying 10: 1; 25:5; west 15:18
second 17:S suro8:21;H:3: 27:1 wet 20:10
security 5:19 2-1:15 Tuesday 13:5 Whal's 5:19, 2.1
separsted S:6 suspended 25:13 twenty 15:3: IG:I, 2, wholo 23:15
series 3: 15 I swerved 20:5 17 Whose 8:3; 25:3
sorvlce 17:2-1 . sworn 3:10 two 23:12 Wllhout25:13
selling 19:9: 22:6: T lypo 8:7: II: 10: WITNESS \01:21;
23:22 17:2.1: 26:12 26:20, 2,(
sellled 21:18 types 3:23: 11:19 woke 15:5
shortly 17:7 talk 23:9, 12, 15 wording 18:3
side 20:14, 15; talklRg 4:8; 8:17 U words 7:14: 12:17;
21:14,23,25; 22:10, tonk 20: 1 ,I 13:12: 17:18; 20:14;
17,21 testlUed 3:10 Um8:20; 10:1; 23:10; 25:13: 26:22.
sl nln 3:" testlmon 3:9 22:17: 24:22 2,(
Lawrence Wlluon
January 25. 1996
g g
Key Reporters
y
(717) 764.7801
J\lin.U.Script!l
:':,
represcnt . zl; ~\!
. .
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO TilE PROTHONOTARY OF CUMBERLAND COUNTY:
please list the within matter for the next Arg\Inent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(Plaintiff)
( " )
.-I} , I
-"
"
J .,
,
,) j
'-. I
, )
.,
; '1
,
:.') jnl
')1 !
t ,: ~:!
MIOlAEL J. IDlllACKI and IlARBI\RJ\ LENIlIICKI,
his \life
VB.
IAWROCE I. WA'ISlN and RYDER 'I1lOCK RFm'AL,
INC. and CARAWAY MANUFTIC1llRE FURNI'roRE
and w:IIIKlRN CARRIERS Ill:.
(Defendant)
No.
1860
Civil
95
1995
1. State matter to be argued (i.e., plaintiff's mtion for new trial. defendant's
denurrer to caTlplaint, etc.):
DEFalIlAN1'5' t-Ol'Ia-I ~'OR stHWlY JIJJnlENl'
2. Identify counsel who will argue case:
(h)
for defendant:
Address:
Randy T. Durch
Forry, Ullman, UllJran & Forry, P.C.
Green lI111s Corporate Center, 100 Kachel Blvd.. SUite 20001
Reading, PA 19607
Zygront R. BialkOllSki or Daniel E. CWtmlns
First Floor, PNU OUl1dlng
1006 pittston Avenue
Scranton, PA 18501
(a)
for plaintiff:
J\ddresS:
3. I will notify all parties in writing within 00 days that this case has
been listed for argurent.
4. I\rgI.IreIlt Court Date: April 15, 1998
Dated:
__, ) /1 .-,
/----- ' ('. .
,/' Attorney for ,),-" ~1~I\IJr
/7
t....
,
MICHAEl, J. LENDACKI and
BARBARA LENDACKI, his
wife,
IN '!'HE COURT or COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plainti f f
vs.
NO. 95-1860 CIVIL TERM
LAWRENCE I. WATSON
and
JURY TRIAL DEMANDED
RYDER TRUCK RENTAL, INC.
and
CARAWAY MANUFACTURE FURNITURE
and
ASSIGNED: JUDGE KEVIN HESS
JUDGE EDGAR BAYLEY
BUCKHORN CARRIERS INC.
Defendants
ANSWER OF PIAINTIFFS
TO DEFENDANTS' MOTION FOR SIDofolARY JUDGMENT
1. Admitted.
By way 0 f further answer, Mr. Lendacki
gave testimony, which would support an inference that a collision
2. Admi tted.
3. Admit ted.
4. Admitted.
5. Admitted.
6. Admit ted.
7. Admitted.
8. Admi tted.
occurred as a result of Defendants' negligence.
(A true and
correct copy of the applicable sections of Mr. Lendacki's testimony
is attached hereto as Exhibit "A".
9. Admitted.
10. Admitted.
...
11. Denied. It is specifically denied that Defendant
Watson did not strike or collide with the rear end of Plaintiff's
vehicle. It is further denied that Defendant Watson did not
contribute to the subject accident. By way of further answer,
Plaintiffs attach photographs of Plaintiff's vehicle, which clearly
gives way to the inference that a rear end collision occurred in
this case. (A true and correct copy of photographs are
collectively attached as Exhibit "B").
12. Denied. There is sufficient evidence, which would
raise the inference that Defendant Watson struck the rear of Me
Lendacki's vehicle.
13. Denied. There is sufficient evidence to raise the
inference that Defendant Watson struck the rear of Mr. Lendacki' s
vehicle.
14. Denied as stated. The deposition testimony of the
fact wi tnesses do not veri fy the existence of any fact. To the
contrary, these individuals would need to testify before a jury so
their testimony could be weighed and evaluated. A jury may be just
as likely to conclude that the fact witnesses' testimony cannot be
believed in this case.
15. Denied. The averments contained in pararJraph 15 of
Defendants' Motion for Summary Judgment consti tute conclusions of
law to which no responsive pleading is required. Further, it is
speci f iea lly denied there has beGn no evidence produced during
discovery to support a findillCJ of negligence (Please refer to
Exhibits "A" and "B" attached hereto. Finally, Plaintiffs' have
enrJaged the services of an enqineer who has prepared a report
~
6'
='
)>
.
In The Matter Of:
Micbael & Barbara Lendacki v.
Lawrence Watson & Ryder Rental & Caraway
Micbael J. Lendacki
Janumy 25, 1996
Key Reporters
1300 Gan-ison Drive
York, PA 17404
(717) 764-7801 FAX: (717) 764-6367
Orlgllwl File 01keyJ5/l.IIsc, 561'IIgI's
Word Index included with this Min.U.Scrip~'
(C ( ~J~~ ~"-1
.
January Z5. 1?96
Lawrence Watson a Ryder Rental a Caraway
. .
Page 3 uwy.,'. Not..
I') STIPULATIONS
121 IT IS STIPULATED AND AGREED by and between
131 counsel for the resp~ctive parties lhat the sealing, and
141 filing of the transcript is waived and that aU objections
151 except as to the form of the questions are reserved to the
IBI time of the trial,
(7J
IBI
Igl
lID)
(11)
(12)
(t3)
(14)
It5)
(IB)
117)
(II)
(lg)
(20)
(21)
(22)
(23)
(24)
(25)
.
MICHAEL J. LENDACKI,
called upon by Defendants to give testimony, being duly
sworn by me, testlfled as foUows:
EXAMINATION
BY MR. BIALKOWSKI:
Q: Mr. Lendackl, my name 15 Zyg Bialkowski; and I
represent the various Defendants arising out of a motor
vehicle accldent which occurred in Upper Allen Township on
February 21, 1994.
I'm going to be asking you a number of questions
concerning: No. I, your background - your work history,
educational history; then I'll ask questions about the
accident itself. And I'U also be asking questions about
what injuries you sustained in the accident and what medical
treatment you've received and how they've affected you.
If at an}' time during the course of my
questioning you don't understand a question which I ask you,
please do not answer It. TeU me you don't understand It,
and I'll try to rephrase It so It will be underMandable.
Page 4
(I) Okay?
12) A: That's fine.
13) Q: We have a court reporter here who will be
(4) transcribing everything I say and everything you say; and
151 therefore, It's Important In order that the transcript be
II) accurate that aU of your answers be audible -
(7J A: All right.
II) Q: - and that you say I don't know, maybe, or
Ig) whatever your response 15. Dutlf you say uh.huh or you
1101 shake your head, the court reporter does not know what that
1111 means. So please make certain to do that.
1121 And It's our understanding that you will be
(131 reading the deposition following receipt of the tr.Inscrlpt
1141 so that you can make whatever corrections, additions, or
1151 deletions you feel are warranted and necessary.
11BI Also, If at any time during the course of my
117) questioning you want to take a break for whatever reason,
Itll just tell me; we'll take a break. If you wish to talk to
Itg) YOllr attorney in private. please teU me; and I'll be more
(201 than happy to take a break so you can do so. Okay?
12tl A: That's fine.
1221 Q: Mr.l.cndackl, for the record. would you state
1231 your name, please?
1241 A: Michael John I.cndackl.
1261 Q: I.cndackl. correct. sir?
Page 3 . Page 4 Min.U.8criptlll
Key Reporters (717) 764.7801
Lawrence WaI80n A: Ryder Rental a Caraway
(II A: That's correct.
(2) Q: And your prescnt address, sir?
(3) A: It's 38 Junction Road, Dillsburg, Penns)'lvanla,
('( 1601915 the zip.
(51 Q: And your date of birth, sir?
lBI A: 6/14/57.
(7J Q: And arc: you married?
(8) A: Yes, I am.
19l Q: And your wife's name?
(101 A: Barbara.
(III Q: And when were you married,slr?
(12) A: We've been married In August of '89,
(1~1 Q: And do you presently have any chUdren?
(14( A: Yes, I do.
1151 Q: And how man)'?
(IB) A: I have two dauglllers.
(171 Q: And what arc: their ages, sir?
(181 A: The one Is 5 1/2, and the other one will be
(lgl 3 In March.
(201 Q: So you had both of these children also at the
(2'1 time of the accident, correct?
1221 A: That's correct.
(23) Q: And was this your first marriage, sir?
(241 A: Yes.
(251 Q: And what 15 your social sccurlty number,
Plgell
J...uary n, 1991
, ,
La.,'. Noll.
Pig. II
I'J Mr. Lcndacld?
(21 A: 19042.7 -
(3) Q: Take your time. That's okay.
141 A: I have too many nwnbers In my head.
III 19042.7136.
181 Q: Okay. Now, Mr. Lcndacld,let me go throuwt Y"llr
(7J educational background. Old you attend high school?
(81 A: Yes. I did.
(gl Q: And did you graduate from hlWI school?
1101 A: Yes.
Ill) Q: And what high school did you graduate frllm?
112) A: Oley Valley.
(131 Q:OI-
1141 A: Q.L-E.Y.
115) Q: And where Is that located?
118) A: It's located about ten mUes east of Heading,
117] Q: And what year did you graduate?
1181 A: 1975.
(lgl Q: And fOllowing your graduation (rom Ole)' Vallc)'
(20) High School, did you have any further education?
1211 A: Yes, I did.
1221 Q: And what was that, sir?
1231 A: I attended Penns)'(vanla Slale, mechanical
(24) cngineerlnlltechnololl),.
1251 Q: And when did YlllllU'adu:lle from Penn Stale?
Key Reporters (717) 7M.7801 Mln.U.8crlpNl
Pagc 5 . pagc (,
A: August of 1988.
Q: 19?
A: '88.
111
(21
131
141 Q: Okay. Mter graduallng from OIey Valley High
(51 School, did you immediately go on to further education? Or
181 do you go Into the work force or military or what?
I7l A: I worked - after gr;tduadon, I went to work.
(81 Q: When did you start at Penn Slate then?
Igl A: I started In - it would have been fall of '83.
1101 Q: Between 1975 when you graduated high school and
1111 the faU of 1983, where did you work?
1121 A: I was working In my father's business.
113) Q: First, did that have a name to it?
1141 A: It's - the business name Is CJ. Lcndackl
115) PaInting and Decorating.
1181 Q: Between 1975 and 1983, did you hold any other
117) employment?
1181 A: No, J did not.
11g) Q: Okay. What type of work did you do for your
(201 father's business?
121) A: We were paint, decorating, small
1:121 contracting-type jobs, :aluminum sldlng, that type.
1231 Q: And did you do aU the different jobs?
1241 A: Yes.
I2SI Q: Did you continue to hold any employment while
III you attended Penn State University?
(2) A: Yes, J did.
131 Q: Would that :also have been with your father?
141 A: As well as a - several other positions.
(5) Q: Would these have been part-time jobs that you
181 would have had held down while you were In the course of
I7l your studies?
18) A: J had a co-op engineering position at - with
IgI G.P.U. Nuclear down In Middletown - Middletown, PA, Three
110) MUe Island.
1111 Q: Right. How long did your co-op last?
1121 A: Urn, if I remember correctiy,it was an
1131 eight-month stint.
114) Q: And did you go continuously for that ei[Jht
1151 months In the co-op?
(181 A: Yes.
117) Q: And did you have any further co-op work while
1181 you were matriculating?
(1gl A: No, J did not.
(201 MR. BIALKOWSKI: Off the record.
1211 (At which time, there was a brief pause In the proceedings.)
(:12) BY MR, BIALKOWSKI:
(231 Q: Okay. Following your graduation from Penn State
(241 University, did you get a job with any business or compan)'?
(251 A: Yes. I did.
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,
111 Q: And who was that with?
12) A: TIlat was T.R,W,
(31 Q: And where 15 that located?
141 A: TIlc position I held was In Danvllle,
151 Pennsylvania,
181 Q: And what position did you hold?
171 A: TIlat of manufacturing cngineer.
(II Q: And did yougctthat job upon your graduation?
Igl A: Yes.
('01 Q: In other words, right aftetwards?
1111 A: Yes.
1121 Q: And how long did you hold lhat joh?
1131 A: I was there for olle Year.
114) Q: .\lId iiJ"Lcr Uw, where diu )'ougo 10 work,
1151 A: I took a posltiun with Shilldlc:r l!Ievatnr
1181 Corporation.
1171 Q: And wherc Is thatlocaled?
1111 A: It's located In Gellysburll.
11g1 Q: And did that position - strike lhat.
1201 Did you start that job Immediately after )'our
(211 job with T.R.W. ended? Or was there a perlmlol' lime _
122) A: I think there was aholll - lhere wal ahUlU Ihree
1231 monlh between posilions.
(24) Q: You probably can antlclpale where I'mllolug, Inu
125) don't start answerinlluntlll'm finished. 'nle: repnrler
Pagtll
, ,
111 cannot take both of us at the same lllne.
12/ A: AU righI, Not yet,
(3) Q: Okay, So then you hall aholll a Ihrec,mlllllh
141 hiatus, and then )'011 went to work whh Shlndlcr E1evalllr In
IS) Gettysburg?
181 A: That's correct.
I7l Q: And what lob did )'011 have whh Shindler
(8) Elevator?
Igl A: I was an associate c:ngineer.
1101 Q: And how lonllllld YOII work for Shindler E1evalllr?
(11) A: 3 1/2 years.
(121 Q: When did you last work for Shindler?
1131 A: II would have bc:en April ul' '1).4-
1141 Q: By the way, Y"U rnellllonc:d earlier you were
(151 married in AUllllstof 'HII?
118) A: Correct,
(171 Q: Did you slart wnrk whh Shindler hefore IIr after
(181 you were married?
(lgl A: Mler - allcr wc werc married.
1201 Q: aka)'. Okay. Afler your emplllymcl1l wllh
(211 Shindler ended, wherc did )'UU gu III wnrk?
(:!ill A: Tnle Temper Hardware.
1231 Q: And where was lhllllllcawd?
1241 A: TIml's IlIcllled In <:amplllll, l'enns)'I\'lInla.
(251 Q: And whall}11e III' foh dltl}'CIlI hal'e wilh Trlle
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Michael a Barbara Lcndaclci V.
Lawrence Watson a Ryder RcnJa1 a ~way
Page 11 lAwy.,'. Not..
(11 Temper Hardware? '
(21 A: I'm a manufacturing engineering.
131 Q: And how long - when did that job start?
141 A: That started In May of '93.
(51 Q: ,Utd are you still working there?
(II A: Yes, I am.
11l Q: And Is your position stlll manufacturing
(81 engineer?
IgI A: Ycs, it Is.
(101 Q: Okay. Now, while we're on your employment,
(111 Mr. Lcndackl, we understand that as a result of the accident
(121 of February 21,1994, that you did sustain Injuries?
1131 A: Um-hum.
114) Q: Did you miss any work as a result of the
(151 Injuries that you suslained?
(18/ A: Yes, J did.
117) Q: TIlls accident happened on a Monday somctime In
1111 the morning hOlUS, according to the pollee report. Were you
(1g1 on the job at that time, or were you off that day?
1201 A: I was working that day.
(211 Q: And if you know, were your medical bills that
1221 you Incurred covered by Workcr's Camp? Or wert: they Covcred
1231 by your automobile polley _
1241 A: They were covered by Workmens' Compensation.
125) Q: - for the time that you would have missed?
III A: J assume it was from Workers' Camp, yes.
121 Q: AU right. You got a check In the mall-
13/ A: Yes.
141 Q: Do you know who the workers' compensation
151 carrier was?
181 A: J don't remember.
I7l Q: Okay. Okay. Flrst,l'U ask tills generally.
181 If you can give an answer, how much time did you miss from
(gl work as a result of the Injuries you sustained?
(101 A: I was off complctely three weeks. And then I
(11) went back to work half days.
(121 Q: And for how long did you work half days?
(131 A: I'm not exactly sure how long that period was.
1141 Q: When you worked half days, did you receivc a
1151 separate check from the _
(181 A: No.
(17) Q: - compensation carrier for difference In wages?
(III A: No, J - I did not.
(lg) Q: By the way, how were you paid as the
1201 manufacturing engineer? Was that a salary position, or was
1211 it an hourly rate?
1221 A: it's a salary position.
1231 Q: When you went back haif W)'S, did you receive
(24) your full salary?
[251 A: Yes, I did.
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Key Repol1ers (717) 764-7801
Lawrence Watson a Ryder Rental a caraway
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111 Q: Mter you went back - you missed lhe three
121 weeks; and then you went back. Old you miss any other time
131 since then up until today as a result uf the injurles,ln
141 other words?
151 A: The time I spent going to doctors.
181 Q: Okay. So when you would have to go to a doctor,
(7J then you would miss work that day?
III A: That's correct.
101 Q: When you had to do that, did they dock your pay
1101 at aU?
1111 A: No, they did not.
1121 Q: Old you lose anything? And by that I mean, were
[131 you entitled to so many sick days a year in your job -
1141 A: There's -
1151 Q: - or don't they have that?
1181 A: There's no written policy on sick days on
1'71 professionals such as myself.
1111 Q: Okay. And did you have to use any vacation da)'s
11g1 to go to your doctors?
1201 A: No, I did not.
1211 Q: Okay. So you did miss work to go to the doctors
1221 periodically, but you weren't docked?
1231 A: That's correct,
(24) Q: Are you working full tIn1e now?
1251 A: Yes, I am.
Page 14
(II Q: Although you don't know exactiy how long you
121 worked half days, do you have an approximation as to how
131 many weeks of that you worked half days?
141 A: I'm going to say three or four weeks,
151 Q: My understanding is that immediately after this
(II accident, you were hospitalized; Is that cl'rrect?
(7J A: That's correct.
III Q: Other than for that hospitalization, have you
(gl had any further hospitalizations as a result of the injuries
(101 you sustained In the accident?
1"1 A: No, I have not.
1121 Q: Okay. Have your Injuries that you received In
1131 the accident oCFebruary 2l,1994,atfected your ability to
1141 perform your job responsibilities as a manufacturing
1'51 engineer - other than for the period of time that )'ou
1181 weren't at work, obviously?
(171 A: Mer even returrtlngto work?
(181 Q: Right.
11g1 A: There were things I knew I was not able to do
120) that I could do before.
1211 Q: And what type of things were the)', sir?
[221 A: My balance was severely affected, and I had to
1231 be extremely careful workhlgln the plant.
1241 Q: aka)'.
1251 A: Due to the Injuries 1 don't know exactly what
Key Reporters (717) 764-7801 Min-U-Scriptl!l
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, Jan~ 2', 1991
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Januuy 15, 1.996
Mlcbael a Barbara Lcndackl v.
Lawrence Watson a R}'der Ren~ a ~way
Page 15 uwy.,'. Not..
III It was - but my speech was affected. I had to think real
121 hard before I spoke In order to make - In order to make
13) complete thoughts come out.
141 Q: Okay. Any other ways?
151 A: At the moment, I can't think ofany other ways.
Ie) Q: Okay. Now, let me lust go Into those two areas.
171 If you could, please, with respect to your balance being
II) severely affected, did you have any accident on the job
Igl becausc of problems with your balance?
1101 A: No, I did not.
1111 Q: And did you have any accidents on the job which
1121 In any way could have been caused by or alleast a
(131 contributing factor - would the problems that you were
1141 having with your speech -
1151 A: No, I did not. ,
11el Q: As of today, which Is almost two years since the
117) accident. are you still experiencing balance problems?
(II) A: No, I am not.
(Ig) Q: How long did you have this balance problem, as
(20) best you can recall, sir?
1211 A: It was about six months after the accident.
1221 Q: And your speech problem the way you described
1231 It, are you still having problems with that?
(241 A: No, I'm not.
1251 Q: And how long did that problem exist after the
Page 18
accident?
A: That, again, was probably for about a six-month
period.
Q: Okay. Were you passed over for promotion or did
you fall to get any type of pay raise becausc of the fact
that you had been Injured In this accident and had to miss
the work which you described -
MR. BURCH: I lust want to object to the extent
that he might know that was the case.
BY MR. BIALKOWSKI:
Q: I don't want you to think - I'm trying to think
all of my questions to the extent that you would know. And
the mere fact I that ask a question, I'm not presuming that
you did know an answer. And If you don't know
something - just one instrUction I dltin't give you; but
I'll give to to you now.
Don't guess because your attorney doesn't want
you to guess and I don't want you to guess. If you knuw
something, fine; If you don't know something, you tell me.
A: I was going to say I don't know.
Q: Okay. Good.
A: It's information I'm not privlledged to.
MR, BIALKOWSKI: He doesn't need all these
attorney's Instructions. He knows anyway.
BY MR. BIALKOWSKI:
Min-U.8crlpt0
(I)
121
(3J
141
15]
III
171
III
IV)
110)
1111
112)
1131
114)
(151
11e)
117)
1111
1191
120)
(211
(221
1231
1241
(251
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Lawrence Watson a Ryder Reotal A caraway
111 Q: AU right. We.ll,let m=: stick with the - your
121 injuries then.
131 A: That's fine.
141 Q: When Is the first time that you became - that
151 you recognized or realized, became aware, that you'd been
151 Injured somehow?
(7J A: I don't know the exact time period.
(II Q: Okay. As far as you know, as you can recall, do
Igl you recall If you lost consciousness at an)' time because of
1101 the accident?
1111 A: Yes. Yes, I did.
112) Q: Do you recaU from the time of the accident
1131 anybody coming to render you any assistance?
1141 A: Not until I was being loaded In the ambulance.
115) Q: Do you have recollection of any conversations
(151 with anybody or anybody saying anything to you between the
117) time that youinltiaUy were Injured to the time that you
1111 were being loaded In the ambulance?
11g1 A: No, I do not.
1201 Q: Okay. If you know, do you recaU whether you
1211 were physlcaUy conscious aU the time that you were In the
1221 ambulance?
12:l1 A: Um, I was not.
1241 Q: You were not?
12S1 A: No, I was not.
Page 17
111 Q: Okay. And do you recall any conversations you
121 would have had with any of the ambulance crew while you were
131 being transported to the hospital?
141 A: I only recall being loaded In the ambulance.
151 Q: What's the next thing you recaU after that?
III A: Um, I remember In the emergency room going Into
[7J a - I'm not sure what the terminology of the machine Is.
II) It's where they take your whole body X.ray.
(01 Q: Right,
(101 A: I remember being - basically being transported
1111 into that machine. For some reason, that sticks In my mind.
1121 Q: Do you recall experiencing any pain while you
113) were being transponed to the hospital?
1141 A: I don't recall the trip to the hospital.
115) Q: Okay. Do you recall experiencing any pain once
115) you got Into the hospital? You mentioned this type of
117) machine that they put you In to X.ray -
III) MR. BIALKOWSKI: Off the record just a second.
11g1 (At which time, a discussion was held off the record.)
1201 THE WITNESS: Yes, I remember extreme pain.
(21) BY MR. BIALKOWSKI:
1221 Q: And where - In what part of your bud)' did you
(2:l) have this pain, sir -
1241 A: I'm going to -
1251 Q: as best }'Oll can recall? I realize that
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, Jan~ z" 1991
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Page 111 Lawyer'. Not..
(II you-
(21 A: I'm going to say I ached all over.
131 Q: Okay. How long were you hosplt:a1lzed?
141 A: I believe It was three days.
151 Q: I don't necessarily expcct you to know medica!
(81 termlnololl)'. So when - I'm going to ask you dtls
171 question. I'm notlooldng for a doctor - but do you know
III what Injuries you sust:aJned from dtls accident?
19l A: Pretty much so, yes.
1101 Q: Okay. Do you want to tell me what they were?
(111 A: The eye socket arOlUld my left eye was broken In
112) severo places. My cheek was fractured several different
113) directions.
(141 Q: And you're pointing to your left cheek?
1151 A: That's correct.
1181 Q: Okay.
(17) A: My jaw was broken In two places.
1111 Q: Now, again, you pointed to your -
11g1 A: Left.
120) Q: - left jaw?
(211 A: That's correct.
1:121 Q: And would it be the upper or lower portion of
1231 the jaw,lf you know?
1241 A: The upper portion of the jaw as well as the
1251 socket itself.
Page 20
III Q: Okay.
121 A: And from there. I had - I'm going to say my ear
131 was almost torn In haif; and they sewed that back together.
141 I had a cut on my shoulder.
IS) Q: You're pointing to your left shoulder?
(el A: That's correct.
171 Q: To your knowledge, did that require any
III suturing?
(gl A: No, It did - it did not.
1101 Q: Okay.
1111 A: I :also had a gash In my left shin.
1121 Q: Old that require any suturing?
(131 A: NO,it did not.
114) Q: Okay.
1151 A: I believe that's the extent of what happened.
(lei The other ones were trauma-type, you know, severe neck
111) stiffness or ache, whatever you want to say there.
(181 Q: Okay. You mentioned your e)'e socket around the
1191 left eye.ieft cheek fracture. the jaw broken In two places.
120) WIth respect to the treatment of those injuries, do you know
(211 If you required any surgery In which tlley would cut your
1221 skin so they could go ahead and address the problems with
(231 the fractures ur breaks?
(241 A: TIley completely lousened the skin off - on lhat
1251 side of my face from my eye down inside. It went from the
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Key Reporters (717) 764.7801
Lawrence Watson a Ryder Rental a Caraway
11/ inside of my mouth, puUC!<! the skin away, brought the bones
121 back out Into position,) know have three steel plates on
(31 that side of my face.
141 Q: Okay. With respti.tto your face - and I'm not
(51 talking about your ear. I'm going to ask that next.
181 A: Okay.
f7I Q: Out Wllh respect to your face area,lt's lhe e)'e
III area, the face?
(gl A: Yes.
1101 Q: Are there any scars on your face from tills
(111 accident?
1121 A: There's one by my left e)'e. TIlat's right In the
(131 eyebrow though.
1141 Q: Okay.
1151 A: So that's where it's located.
1181 Q: You mentioned tllat your ear was almost torn In
"7) half. Is there any scarring In - on your ear?
1181 A: If you look In my ear, you can probably see from
IIgl here there's a red line that extends In across my ear.
(20) Q: There's a - roughly In the middle of the ear on
1211 the side of your head next to your sldeburn, there's a red
(:!il) mark?
1231 A: That's correct.
(241 Q: And men It looks like on the inside of the ear
125) that there's some kind of scarring. TIlat what you're
III talking - It looks Uke a line extending Into there?
121 A: That's correct, That's correct.
131 Q: Did you suffer any eye problems,ln other words,
141 vision problems as a result of the accident?
(5) A: Yes, I did.
II) Q: What type of vision problems did you suffer?
I7l A: To this day, I have what I refer to as - my eye
(81 Is lazy,
Igl Q: And which e)'e 15 tl1al?
1101 A: That's the left eye, I have to force It to
(111 bUnk.
1121 Q: Have you received any medical treatment for tI,at
1131 condition?
(141 A: For a good period of time after the accident, I
1151 was - ) had a lubricant that I put in the e)'e to asslstlhe
1181 action of the e)'e close - or bUnking.
(171 Q: Old you go to see any ophlhaimologists or
1181 optometrists or any other e)'e speclaUsts for tile problem
11g1 you were haVing with your left e)'e?
(201 A: Yes, I did.
1211 Q: Do you recall who tilat was?
(221 A: I don't recall tllelr name. TIle)' were at Penn
1231 State, Hershe)' Medical Center.
(241 Q: Were - whoever )'ou sa)' that was - strike tI,at
1251 question.
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, ]1I1~ 25, 199
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Page 22
an v.
Lawrence Watson a Ryder RenCaJ a (:anway
paga 23 u~,'. Not..
111 By the way, what hospital were you transported
121 to?
131 A: Hershey Medical Center.
141 Q: Okay. Did you see those eye specialists or
151 specialists while: you were hospitalized those three days?
III Or was it sometime after that that you went back?
I7l A: It was sometime after.
II) Q: What did they do for you?
181 A: Um, like, It's - maybe we should step back. I
1101 was experiencing flashing In my eye.
1111 Q: Okay.
1121 A: And that was originally why I Initiated the
113) visit.
1141 Q: When did you first start to experience the
1151 flashing In your eye?
1111 A: 1bJs was probably when I was at home after the
(17) three days I was In the hospital. I'm not sure of the time
1111 period.
11g1 Q: Okay. And In flashing, was It In boUI eyes or
1201 just the one eye?
1211 A: Just the left eye.
122) Q: And did anybody tell you what was causing that
1231 flashing when you went to the hospital?
1241 A: They really never gave me a good explanation of
125) It.
Pago 24
1'1 Q: DId they tell you to do anything for it? In
121 other words, give you a medlc:al - give you a prescription?
131 tell you to do certain exerclscs?
141 A: No. There was nothing prescribed like that
151 there.
III Q: Old they tell you to avoid anything like bright
171 sunIlght or anything like that?
II) A: I was to avoid bright sunlight, yes.
181 Q: Okay. Was It your decision to use the
1101 lubricant?
1111 A: No. It was their's.
1121 Q: They told you also to use the lubricant?
1131 A: Yes.
1141 Q: How many times dld you go see the: eye
1151 specialists at the Hershey Medical Center?
1"1 A: I know I was there at least twice.
117) Q: When's the last time you saw any member uf the
1111 medical profession for the problem that you experience with
11g) your left eye?
120) A: I had a complete eye examination one yeat after
1211 the accident.
1221 Q: Do you know who did Ulat?
(231 A: That was, again, at Hershey Medical Center.
(241 Q: What - 10 your knowledge, what was Ule result
1251 of that complete eye examination?
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Lawrence Watson a Ryder Rental a Caraway
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. .
uwyer'. Not..
Pig. 25
III A: That the - the result was my vision Is whecc It
121 was befocc the accident.
131 Q: Old you ccqulre giasses before the accident?
141 A: No, I lUd not.
151 Q: Either for reading or distance?
181 A: No.
m Q: And do you require them now?
(8) A: NO,I do not.
Igl Q: Okay. Go ahead. Your vision was normal -
1101 A: And the difficulty bUnking. TIlere's very
Ill) little that can be done to help that or to correct It.
1121 Q: As we sit hecc today, do you stlU have that
1131 diffiCulty blinking?
1141 A: Yes.
1151 Q: And do you still use an eye lubricant for that?
IIel A: Oniy on occasion.
1171 Q: You mentioned a lazy left eye. Did they have
1181 that - find that you had a lazy left e)'e?
11g1 A: I guesslf I was more specific, It's the muscles
1201 around It.
1211 Q: Right.
1221 A: That's - the eye itself seems fine. It's the
1231 muscles that control the bUnking. And that's where the
1241 laziness 15.
(2SI Q: Okay. So let me explain what I understand.
Page 28
111 When you mentioned lazy eye, let me explJln what I thought
121 you meant; and you can tell me lf thlsls or Isn't what
13J you're suffering.
141 A: Um.hum.
15J Q: Some people describe a lazy eye is that the eye
lei doesn't move - the eyeball Itself doesn't move In tandem
m with the other eyeball so that when they're looking at
III something, everything can get disjointed because the eyes
Igl arc not In uniform movement as opposed to the eyelld
1101 bUnking or things llke that?
1111 A: I don't experience any trouble with the e)'e
1121 Itself moving. It's the muscles that control the bUnking.
(131 Q: Okay. And other than the discomfort tllat you
1141 would have or the - or how It would irritate that
1151 problem-
1181 A: Um-hum.
117) Q: - how has that affected you In your day-to.uay
1111 life. If at aU?
Ilgl A: That eye dries out prematurel)'; so It causes
(201 discomfort, especially In weather tike we have right now.
(211 Q: AU right. Let me go next to your ear. Did you
(221 have an)' hearing problems after tlle accident?
(231 A: Mter tlle accident. my hearing was Impaired in
(241 that ear.
(251 Q: Your left ear?
Key Reporters (717) 764-7801 Min.U-Script!!
Pale 15 . ... 16
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c anLe v.
Lawrence Watson a Ryder Rencal a Caraway
Pig. 27
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" 11' A: Yes, that's com:ct.
121 Q: Is it stlI1lmpalrcd?
131 A: No, It's not.
141 Q: How long did this lmp:aJred condition exist aftcr
15) the accident?
(II A: At least a year.
(7J Q: Did the doctors tell you why your hearing was
III imp:aJred?
IVI A: There was a - a lot of sweUlng In that area;
1101 and just the shock Itself that that area experienced.
1111 Q: You mentioned you had a cut on your left
1121 shoulder that didn't require any sutures. Mter that
1131 healcd, did you have any other problems with your left
1141 shoulder?
115) A: No, I have not,
1111 Q: You mentioned that you had a gash In your left
117) shin, which llIso did not require sutures. Mer that
Ill) hellled, did you have any further problems with your left
11g1 shin?
1201 A: No, J have not.
1211 Q: Have you had any problems of any sort with thc
1221 lower part of your body from the waist down as a result of
1231 the accident?
1241 A: No.
(261 Q: You mentioncd that you had stiffness and
Page 28
111 achiness In your neck -
121 A: Um-hum.
131 Q: - after the accident. Do you stlI1 experience
141 that?
151 A: Yes, ida,
III Q: And could you describe In more detall how
(7J this - where you have this stiffness and achiness?
III A: Urn, it extends down Into my shoulders.
IV) Q: And how frequently do you experience this?
1101 A: Every day.
(111 Q: Do you take any medication?
112) A: Yes, I do.
1131 Q: What medication Is that?
1141 A: The doctor prescribed - but It's an
1151 over.the-cowuer medicine to take - Ibuprofen.
1111 Q: How many do you take a day?
1171 A: At least two.
1111 Q: Do they help?
11g) A: Yes, they do.
(201 Q: Did you take any today yet?
1211 A: Yes, I did.
1221 Q: As we sit here,:are you experiencing any
(231 achiness or stiffness In your neck?
1241 A: Not present - not now.
1251 Q: Did any of the doctors tell you what was causing
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Lawrence Watson a Ryder RenW a t;:araway
paga 31 UWfI". Not..
111 A: I believe you have th4t In your records.
121 Q: It very well may be In the records that you
(31 provided to us. I just couldn't remember as we were silting
(41 here. With respect to the injuries to the eye socket and
151 left cheek -
II) A: Um-hum.
(7J Q: - you know, the fraclurCs you described. do you
(II experience any problems In that area now?
181 A: There's a constant numbness In my left cheek.
1101 Q: Has anybody told you what's causing that?
1111 A: The nerve endings were severed.
1121 Q: Other than the feeling of the constant numbness
(131 In your left cheek, has that In any way affected you in your
1141 everyday activities, whether relaxing activities ur
1151 sportlngactivities or work activities?
1181 A: I suppose It has. It's just I've gotten - I've
(17) learned to live with it.
1111 Q: Okay. And with respect to your jaw, you
1181 Indicated that was broken In two places?
1201 A: Um,hum.
1~11 Q: And that was addressed while you were In the
1221 hospital Inlti~lly, correct?
(231 A: Correct.
1241 Q: And then I believe you started - you said
1251 earlier about experiencing difficulty or problems with your
Page 32
111 mouth or jaw or your teem?
(21 A: nut's correct.
131 Q: And what exactiy were those types of problems
141 you began to experience?
151 A: My teeth no longer line-up. so to speak. The
III top teeth don't engage the bottom teeth properly. My - the
(7J travel of my jaw is only 75 percent of what it originally
III was.
19l Q: And by that, arc you referring tO,1 believe,
1101 to open your mouth?
1111 A: That's correct.
112) Q: So you can oniy open it 75 percent of what you
1131 could before?
114) A: That's correct.
1161 Q: Has - all tight. Go ahead. Anything else?
1181 A: I don't believe so.
117) Q: When's the last time you received any treatment
1111 by any member of the medical profession for the problems
11g1 that you experience with your jaw and teeth?
120) A: To this day, I continue to wear a device at
(211 night when I sleep to aid the allgrunent of my jaw. And
1221 that's the treatment I receive.
(231 Q: Who prescribed tilat for you, if you know?
124) A: That was out of the office of Dr. Woods.
(251 Q: And did Dr. Woods Indicate to you for how lonll
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Paga 33
1'1 you would be required to- wear that apparatus?
121 A: That'slndefinlte also.
13) Q: And what's the purpose of that apparatus, If )'ou
141 know?
151 A: TIle purpuse Is to - while' sleep, to keep me
181 from subconsciously tr)ing to make my teem line-up.
I7l It's - they - they refer to II as TMJ Is what they think
181 or what they believe is, you know, the problem.
Igl Q: And other than wearing that device, have an)' of
1101 your medical providers Indicated to you If an)wlng else can
1111 be done to address this TMJ problem?
1'21 A: That, again, 15 :also helped by the Ibuprofen;
1131 and he also expressed lhat I should take that when I'm
1141 experiencing achhtess.
1151 Q: You mentioned achiness. Do you have achiness In
1181 the jaw area at any time?
(17) A: Yes.
1111 Q: How frequentiy do you have that?
11g1 A: Almost dall)'.
1201 Q: , notice that you have a beard. Old you have a
12'1 beard at the time of this accident?
1:121 A: Yes, I did.
1231 Q: So you're not growing It to hide some kind of
1241 deformJty?
1251 A: No, I'm no..
Poga 34
III Q: Did any of your medical providers indicate to
121 you whether or not the problem wlm the travel of your jaw,
131 which is oniy 75 percent, will ever get remedied so that
141 you'd be back to 100 percent?
(51 A: Not without surgery.
18) Q: Do they recommend surgery at this time?
I7l A: No.
III Q: Other than the paln and discomfort which you
Igl experience that you've described with respect to your law
1101 area, 15 there ~ny other way that you've been affected by
11'1 these problems with the TMJ and the travel of your law? For
1121 example, do you have any - have you changed your eating
1'31 habits? Are you required to avoid eating any certain types
114) offood?
115) A: It makes eating, like, sandwiches and things
1181 like that more difficult. Obviously, I have to smash
(17) ever)'thIng flat 50 I can get It In my mouth. That's
1181 something' know right off.
119) Q: I know this won'l be shown on the record, but at
1201 least I could see. Could )'OU open your mouth as far as )'ou
1211 can for me?
1:121 A: (Witness complies.)
123) Q: And that's as far as it'l1llO?
(241 A: Yes.
1251 Q: I know that )'OU lndlcaled that )'011 stlll ullllze
Key Reporters (717) 764.7801 Min.U.Scrip~
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Michael a Barbara I.cndackl v,
Lawrence Watson a Ryder Rental a Caraway
Pagl 35 uwyer'. Not..
111 that device when you sleeP?
(21 A: Um,hum.
(31 Q: When 15 the last time you actually went and saw
(41 the dentist or doctor for the problems lhat you have with
151 your jaw area?
Ie) A: I don't remember lhe last time I was lhere.
111 Q: We have - your attorney furnished to us a
(el number of records: one of which was a report from Dr. Wood
Ig) dated November 10, 1994, which Indica led In It that he had
(101 seen you on October 13, 1994?
1111 A: Urn-hum.
112) Q: In the repo", It says that Michaelis to returll
(13) to our office In December for a follow-up examination. Do
(141 you recall if you returned In December of '94 for a
(151 follow.up?
lIe) A: If they made - there was an appointment. I'm
117) certain I went to It.
(111 Q: Do you recall if since December of '94 if you've
(Igl been back to see Dr. Wood?
1201 A: It's hard for me to remember.
121) Q: Okay. Have the Injuries that you
1:121 sustained - other'than for, say, the several months right
1231 after the accident but say In the last year, have the
1241 Injuries which you sustained In this accident affected your
1251 relationship with your spouse?
Page 38
111 A: Not anymore.
121 Q: And have they affected your relationship with
131 either of your children at all?
141 A: I do avoid roughhousing with them. which because
16) of obvious reasons.
(el Q: Okay. Mr,Lendackl,on February 21,I994,dld
I7l you:also live at 38 Junction Road. Dlllsburg?
181 A: That's correct.
Ig) Q: And at the time of this accident, were you
110) operating a vehicle which was owned by you: or was It owned
1111 by the company with whom you work?
1121 A: It was my vehicle.
113) Q: And at the time of the accident, were you on
1141 your way to work? Or had you been to work and now were un
1151 your way someplace else?
1181 A: I was on my way someplace else.
1171 Q: So where had you ieft?
(181 A: Left work.
IIgl Q: And work was somewhere In Camp Hill, PA?
(201 A: That's correct.
(211 Q: And where did you get onto Route 15?
1221 A: In Mechanicsburg.
(231 Q: And approximately what time of da)' was It when
(241 you got onto the Roule 15?
1251 A: 12: 15.
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Page 37
111 Q: Where we!\: youllolnll?
121 A: I was going to my home.
131 Q: And what were you going to your home for?
141 A: To pick up my IUllllllge.
(51 Q: Okay. And why was that?
181 A: I was f1)'in1l UUt that afternoon on a business
111 trip.
II) Q: And from where were yougolnllto be f1)'in1l UlIl?
101 A: Harrisburg.
1101 Q: Where were you going?
1111 A: Charlotte, North Carolina.
(121 Q: And this would be the Harrisburg airport off
113) of-
1141 A: Middletown.
116) Q: Middletown over near 283?
1181 A: Right. Right. The International airport.
117) Q: And what time was the flight scheduled to
Ill) depart?
(101 A: 3:30.
1201 Q: And was an)'body with you?
1211 A: No, they were not.
(221 Q: When you got onto Route 15, would you have been
(23) headed In a north or southerly direction?
1241 A: South.
125] Q: And from the point that you got on,
Page 38
III approximately how many miles would It be to where you would
121 exit Route: 15 to get to your home?
13] A: Five miles.
(4] Q: What were the weather conditions like at the
161 time that you got onto Route 15?
(II A: Drizzling and some fog.
(7J Q: Did )'ou - as you drove onto ~oute 15 and
III proceeded In a southerly direction, did you have your
101 windshield wipers on?
1101 A: Yes, I did.
Ill) Q: Did you have any Ughts on the vehicle?
112) A: I beUeve J would have, yes.
1131 Q: Do you have any specific recollection of whether
(141 you had your parking lights on or your headlights on?
1'5) A: I would say I would have had my headlights on.
116) Q: And when you say I would say, is that because
1171 you normally would do that In that type of condition?
1111 A: I - when I turn my lights on, I turn them on
(lgl aU the way.
120) Q: Okay. But what I'm saylngls, When I asked you
1211 If your wipers were on, you specifically recall your wipers
1221 being on?
(231 A: TIley would have been because of tile rain; I'm
124) certain 01' that. And I'm certain I would have turned the
(251 ll!llllS on at the same time.
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MiChaelJ. Lendac
. ]anupry 25, 199
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c
January 15. 1996
Michael a Barbara Lendackl v.
Lawrence Watson a Ryder Rental a Caraway
Page 39 uwr-r'. Not..
'.
111 Q: Was there any fog?
121 A: Yes, there was.
131 Q: And how would you describe the fog at the point
141 where you got onto Route 15 south?
151 A: Moderate.
III Q: At the point where you got onto Route 15 south,
171 how would you describe the traffic conditions? Were they
(I) Ught-
(g) A: Ught.
1101 Q: Ught. Okay. When you got onto ROUle 15, I
1111 gather you then proceeded to go south on Route 15, correct?
1121 A: That's correct.
1131 Q: And do you recaU Initially which lane uf travel
1141 you were In of the two southbound lanes?
1151 A: Initially, I was In the right.hand lane.
1181 Q: And how fast were you proceeding, If )'ou know?
(17) MR. BURCH: At what point?
(III BY MR. BIALKOWSKI:
IIg) Q: At the time that you got onto Route 15 south and
1201 were In thr right.hand lane and got up to the speed that you
1211 would then be traveUng at?
1221 A: That's -
1231 Q: if you - if you don't know, that's okay.
1241 A: I don't know specifically what my speed was.
1251 Q: I'm going to ask you a question, but I want to
Paga 40
111 e3rplaln It before you answer. My next question Is going to
121 be, Even though you may not know what your speed is, can you
(3) estimate what your speed was?
14) But I don't want you to guess. if you're going
(51 to give me a guess, then I don't want that; but you if you
(8) feel that you can objectively estimate It, then I would want
[71 to hear that.
(8) A: It would be a guess.
(gl Q: Now, at the time that you - from where you got
(101 onto Route 15 south, do you know approximately how far It
1111 was to the point where the accident eventually occurred?
(121 A: Approxlmately, four mlles.
(131 Q: So you were about a mile or so from )'our exit?
1141 A: That's correct.
1151 Q: You said that you were InltiaUy In the
1181 right.hand lane?
117) A: That's correct.
1181 Q: Old there come a time when you went over Into
(lgl the left.hand lane?
1201 A: Yes.
1211 Q: When did that occur?
(:121 A: I don't remember.
(231 Q: Why did you go over to your Idt-hand lane?
1241 A: I don't have a reason for that.
1251 Q: As yuu \V~re proceedlnK saudI on Ruute 15, at anY
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Lawrence .Watson a Ryder Rental 011: Caraway
111 time from the time you got onto Route 15 south up until the
121 time that the accident happened, can you tell me how I'ast
131 you were traveling?
(4) A: No.
151 Q: Werc you wearing - I know you don't wear
(81 glasses; but I'll ask, were you wearing any glasses?
I7l A: No.
(II Q: Or sunglasses or glasses to enhance )'our abUlry
Igl to see through fog?
1101 A: No, I was not.
1111 Q: Old your windshield wipers continue 10 work as
1121 you were proceeding soutit on Route 15?
113) A: Yes.
(141 Q: If you can recall, do you know if your
1151 windshield wipers caused any streaking that would have - .on
118) the windshield?
117) A: No, they did not impair my vision.
1111 Q: Now, you started out that Initially you were In
11g1 the - you were the right-hand lane. At some point, you
1201 moved to the left.hand lane. At some point, did you move
(211 back to the right.hand lane?
(22J A: No, I did not.
1231 Q: Okay. And as you were proceeding south, do you
1241 recall observing any traffic In front of you?
1251 A: Traffic was light. I don't recall observing
PaQa 41
Page 42
111 anyone In front of me.
121 Q: Okay. And as you were proceeding south between
131 the time that you first got on Route 15 up until the time of
141 the accident, did the - first of all, the rain, the
151 drlzzllng-
18) A: Urn-hum.
I7l Q: - did It lighten up, gct worse, or stay abolll
181 the same?
tgl A: About the same.
1101 Q: And secondly, the fog, did that remain constant?
1111 Or dld it get thicker at times and lighter at times?
1121 A: It was heavier and lighter.
1131 Q: And at the heaviest that you recall the fog,
1141 approximately what visibility did you have In terms of how
1151 far In front of you you could see?
(181 A: That's a difficult question to answer. I don't
117) know that I can put a footage on It or anything like lhat.
1181 Q: Can you put car lengths on It, like, the car
11g1 that you were driving being one car length?
1201 A: No, I don't believe I can.
121) Q: Okay. Mr. Lcndacki,ln your own words, )'ou're
1221 now proceeding south on Route 15 and you're In the left.hand
(231 lane of the southbound traffic?
1241 A: Um-hum.
(251 Q: WOl~d you describe In your own words what you
Key Reporters (717) 764-7801 Min-U,! .:ript!l
MlcnaelJ,LendaC~
, JanUftY 25. 199'
uwy.,.'. Not..
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Michael oil Barbara Lrndacki v,
Lawrence Watson a Ryder Rental a C.arawa,'
Page 43 uwy.,', Not..
111 recall happening from the time that nothing 15 really
121 happening other than you're moving on Rome 15 somh up
131 until you recall anythlnll about the accldent?
141 A: I recall seeing a truck, what I believe was
1&1 parked un lhe hlgllway In front.
181 Q: Now, when you say In front of you, was
17) It - from what you observed, was It In the same lane you
(81 were, the left-hand lane? or the right-hand lane?
(gl A: The same lane I was In.
1101 Q: Okay. Now, when - go ahead. You describe
1111 everything, and then I'll go back so I won't interrupt you.
(12) A: So naturally, I braked to stop my vehicle. I
1131 came to a resting point behind - staring at the back of a
1141 tractor trailer. I also observed some vehicles In the
1151 rlght.hand lane, which was aU - which was backed up also.
1181 Q: AU right.
(11) A: I continued to sit there and had other vehicles
1181 back up In the right-hand lane next to me. I had someone
11g) take the mirror all my pickup trUck as they went by me, so
1201 to speak.
1211 Q: Which mirror?
1:121 A: The passenger's side.
1231 Q: AU right.
1241 A: And after that occurred, I didn't know anything
1251 again until I woke up In the ambulance.
Pege 44
111 Q: Okay. Now, when you first saw this trUck In
121 frOnt of you,it appeared to be parked, right -
131 A: Yes, sir.
(41 Q: - In the left-hand lane of the southbound
15) traffic on Route 15. Can you tell me approximately how far
181 away It was from your vehicle?
I7l A: I don't know the distance.
III Q: And again, can you - even though you don't know
IVI the distance, can you state it in car lengths, If you can?
1101 A: I'm going to -
1111 Q: I don't want you to guess If you honestly don't
1121 know.
(131 A: I'd be guessing.
(I4j MR, BURCH: And lust so the question's clear In
1151 my mind, were you asking him from the first time he observed
1181 the truck?
(11) MR, BIALKOWSKI: Yes, not after he slOpped; I'll
1181 get to that. From the first time.
Ilgl BY MR. BIALKOWSKI:
(201 Q: The reason we ask those questions, Mr. Lendacki,
1211 15 that so when the time comes for trial we know that )'ou're
1221 not going to be coming In and saying, Well, I estimate It
1231 was so man)' feet.1fyou're going to have an e~timate, we
(241 want to know It loda)'.
(251 And I knuw I asked this quesllun before, but
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Lawrence,Watson a Ryder Rental a Caraway
Page 45
III I'll ask It again. Do.you know how fast you were going when
121 you observed that truck stopped?
131 A: No. I do not.
(41 Q: Now, you braked to stop: and you said that you
(51 came to a stop?
161 A: That's correct.
(7J Q: When you braked, did your car skid at all?
181 A: I don't recall skidding.
IGI Q: Do you recall hearing your tires squeal or
1101 anything?
1111 A: No, I do not.
112) Q: Once - and your car did come to a stop?
1131 A: TIlat's correct.
1141 Q: When you came to a stop, were you still in the
(15) left-hand lane of southbound traffic?
(161 A: Yes, I was.
1171 Q: And was your car stopped parallel to the sides
1161 of the road or at an angle In any way?
11g1 A: I believe I was par:allel.
(201 Q: And were you in contact with the truck In front
(211 of you?
1:121 A: No, I was not.
1231 Q: Can you tell me how far away you were once your
1241 vehicle came to a stop from the truck In front you?
1251 A: I remember about one vehicle length between us.
Paga 48
111 Q: Now, you then say that at that point In time
121 after you stopped your vehicle, you saw vehicles In the
131 right.hand lane backed up?
14) A: They were diagonally In front of me.TIlere was
IS) no one directly next to me.
161 Q: Okay, AU right. Now, I understand what you
(7J mean diagonally. Okay. And were those vehicles that you
161 observed diagonaUy In front of you, were they also parallel
Igl to the sides of the road but In the right.hand lane of
1101 travel?
1111 A: Yes.
1121 Q: Did you see any vehicle that would have been
1131 perpendicular to the side of tile road In the riglll,hand
1141 travel with tile front of the vehicle facing that truck that
1151 you were behind?
1161 A: No. J did not.
(17) Q: Now, you said you continued to sit there and
1181 other vehicles backed up in Ule rlglll-hand lane. You mean
IIQI the vehicles physically backed up or tllat tile traffic was
1201 backing up?
1211 A: Oh, I'm sorry. TIle vehicles traveling
1221 southbound In the right-hand lane were accumulating or
1231 backing up or however you want to say It. TIley were
(241 SlOpping for tile traffic ahead of them.
(251 Q: And U[110 that point In tlme,had you observed
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111 any coUlsion between any v~hlcles?
121 A: No.
(31 Q: Up to that point in time, had you heard anydllng
141 which may have even sounded Uke a collision with any
151 vehicles?
III A: No, I did not.
[7\ Q: You then Indicated that someone took a
III passenger,slde mirror off of your pickup as they went by?
191 A: That's correct.
1101 Q: Do you know what vehicle did that?
1111 A: No, I do not.
1121 Q: Did any trUcks pass you on the right?
1131 A: What kind of trUcks?
1141 Q: Well, let's start with a tractor trailer-type
1151 trUck?
116) A: No.
1171 Q: Did any pickup trUcks similar to yours or might
Ill) be a larger version pass you by?
1191 A: The vehicle that took my mirror off was some
1201 type of vehicle Uke that.
1211 Q: And why do you say that as opposed to It being
1221 a, you know, four-door sedan or something like that?
1231 A: Because I specifically saw It go by me.
1241 Q: And can you be any more descriptive as to what
1251 the vehicle was Uke?
Pege 48
111 A: It was either a pickup trUck with a camper cap
121 on it or It was a Chevy Suburban.type vehicle.
131 Q: And did you see that vehicle come to a stop?
141 A: I don't remember.
15) Q: How did you become aware that that vehicle had
III impacted your passenger side mirror? Did you first hear it
[7\ and then look to see that? Or were you looking to your
(I) right at that time that it happened?
191 A: I had looked to my right.
(10) Q: And as you were looking to your right, this
1111 Suburban - again, I know you're not 100 perceot sure It's a
1121 Suburban?
1131 A: Um.hum.
1141 Q: But this vehicle came by?
(151 A: That's correct.
1161 Q: Were you able to tell what part of that vehicle
117) clipped your passenger.slde mirror?
(111 A: Not specifically, no.
11g1 Q: And did you look In your rearview mirror at any
1201 time?
1211 A: No, I did not, not that I remember.
(221 Q: So that even though you observed the various
1231 traffic 10 the right-hand lane as you have described It, you
1241 can't tell us what, If :10)'1111011, was to )'our rear as )'ou sat
125\ there?
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Kt.'Y Reporters (717) 764-7801
1'1 A: As I sat there, there was nothing to my rear at
121 that point that I'm aware of.
131 Q: But you didn't look In the rearvlew mirror?
(41 TIlat's what I'm saying.
151 A: I don't remember specifically looking In m)'
(I) rearvlew mirror, no.
17) Q: Do you remember looking In your side-view
(81 mirrors to see what was - what would be In the rear of your
Igl vehicle?
1101 A: I don't recall doing that.
(111 Q: Do you recall - I just want to - strike that
1'21 question.
113) My recollection 15 that you stated - and If I'm
1141 wrong, just tell me. Okay? - that you saw this vehicle go
1151 by your car on the right and your passenger side mirror
(III ripped off or knocked off -
(17) A: Correct.
1111 Q: - as they went by. And then the next thing you
11g1 remember Is you're In the ambulance?
1201 A: That's correct.
1211 Q: Okay. Is there any - do you have any
1221 recollection of hearing any brakes squealing or grinding of
1231 metal or anything Uke that?
1241 A: NO,I do not.
1261 Q: So from your own personal observations, you have
Paga 411
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January 25,199'
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Lawrence .Walton 01: Ryder Rental a Caraway
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('I no personal knowledge as to what happened from the time you
121 saw that car go by - that vehicle go by and knock )'our
131 mirror off until the time that you were In the ambulance?
141 A: Could you say that again?
151 Q: From your own personal observations or
III recollections as opposed to what somebody may teU you -
I7l A: Um-hum,
III Q: - you have no Idea of what happened from the
Igl time that vehicle went by you on the right and knucked your
1101 mirror off -
1111 A: That's correct.
1121 Q: - until the time that you were In lhe
(131 ambulance?
(141 A: I have no Idea what was going on.
1151 Q: Have you had an)' discussions with anybody who
1II1 was In that area at the time of the accident from the time
117) of the accident up until today as to what happened?
1111 A: I'm not sure I understand.
11g1 Q: In other words, have you spoken with anybody
1201 that may have been in any of the vehicles that were In that
(211 area or may have been walking along the road and said, Old
1221 you see anything and what did you see and -
12~1 A: I have nOlo
1241 Q: Okay. TIle driver of our vehicle was
1251 Mr. Lawrence Watson.
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II) A: Um.hum.
(21 Q: And as of - up till today, have you ever spoken
131 with Mr.l.:1wrence Watson?
141 A: I have not, no.
(51 Q: Have you ever spoken up till today with an)'
(81 representative of either Ryder Truck, Caraway Maoufacture,
I7l or Buckhorn Carriers concC'rnlng this accident?
(81 A: No, I have not.
(gl Q: And I apologize If Ulls Is repetitive,
(10) Mr. Lendacki.I'm :almost finished. From your own
(111 observations or percepllons, you know, hearing, feeling,
1121 seeing, the only impact of any type that you were aware of
1131 before you remember somcthlngln the ambulance Is this
It41 vehicle coming by to your right and knocking off your
(I51 mirror; is that correct?
11el A: That's correct.
117) Q: And again, :although there were vehicles stopped
1181 on Route 15 south, you don't have any recollcction of seeing
11g1 any of those vehicles other than In a position which would
1201 be paraUelto the sides of the road -
1211 MR, BURCH: ObJection to the form ofthe
1221 question. You can answer, Mike.
(231 BY MR. BIALKOWSKI:
(241 Q: - 15 that correct? In uther words, you didn't
(25) sec any at an angle as If they were perpendicular or
Page 52
111 sideways or semi-sideways -
121 A: I don't remember any.
13) Q: Old you see any vehicles to your left In
14) the -- on the berm of the road?
151 A: No, I did not.
(8) Q: Did you see any vehicles to your left on the
171 medial strip?
(81 A: The snow was 2 feet deep. No.
Igl Q: There was a medial strip, correct?
ItOI A: Yes, there Is.
1111 Q: The dividing lines between the north and
1121 southbound lanes wasn't/ust a narrow guardrail? TIlere was,
1131 as you said, snow or grass or dirt or sumellllngln there?
It41 A: Ycs.Yes.
1151 Q: And did you see any vehicles un the rlglll-hand
1181 berm?
1171 A: No, I did not.
(t81 Q: Su all vchlcles lllat you observed would have
(Igl been In either the left. or rlgllt-hand lanes of travel on
1201 Route 15 SOUUI?
1211 A: TIlat's correct.
(:121 Q: Oka)'. Mter you brougllt your vehicle to 3 stop
(231 In the position which )'ou Indicated, did )'ou see anyhod)'
1241 outside - slrlkc 1113t qucstloll.
1251 Mtcr you bruUllht your vehicle III a SlOp In lhc
Pagc 51 - Page 52 Mln-U.Script1!l
Key Reporters (717) 764-7801
Page 53
IUIl:UlIC1J. U:IIUl1Cti
. JIOU"," 25. 1991
uwyer'. Not..
....___..._ _ _____ _....._'-AIUo "
La'YI'Cnce .Watson a Ryder Rental a Caraway
111 posltiun which you've indicated, did you see anybody walking
121 on the road or on the berm or In the medial area?
131 A: No, I did not.
141 Q: And If you can recall - and If you can't, you
151 know, I don't want you to say agah1. From the time you
(el brought your vehicle to a stop up untlllhe time that this
I7l vehicle came by and knocked the mirror off the - your right
181 passenger mirror off, how much time elapsed?
Ig) A: I don't know the period of time.
1101 Q: When you brought your vehicle to a stop, did you
1111 keep your foot on the brake? Or did you put It Into park?
1121 A: I kept my foot on the brake.
(13) Q: And even though you kept your foot on the brake,
1141 did you put It Into park? Or did It remain In drive?
1151 A: It was a manual.shift vehicle, and I would have
1161 had to take It out.
117) Q: Okay. I'm sorry. I had to think. Okay. Did
(111 you take it out of gear?
11QI A: I don't remember.
1201 Q: Okay. When do )'ou first recall the - strike
(211 that question.
1:121 And as we sit here today, Mr. Lcndackl, you're
1231 absolutely certain that you did bring your vehicle to a stop
1241 without coming Into contact with that tractor trailer that
(251 was In your lane of travel; is that correct?
Pege 54
111 A: There's no doubt In my mind,
121 MR, BIALKOWSKI: Okay. I think that's all I
131 have. Thank you, Mr. Lendacki. I appreciate It.
141 MR. BURCH: JUSt very briefly.
(51 EXAMINATION
(II BY MR. BURCH:
I7l Q: Mr. Lendackl, you mentioned the cut on your
(I) shoulder.
Igl A: Um.hum.
110) Q: Can you tell opposing counsel,ls there any
1111 scarring on your shoulder?
1121 A: I have a scar that's there, visible -
1131 Q: Okay.
1141 A: - as well as on my shin.
(151 Q: Okay. Can you describe to hhn the sizes of the
1181 scarring on your shoulder and shin?
1171 A: I'd say here's a I-Inch cut. And on my shin.
(181 it's probabl)' - It's more like the size of a dime. It was
(IQI more like a puncture wound.
1201 Q: Okay. That's all I had.
1211 EXAMINATION
(:121 BY MR. BIALKOWSKI:
(231 Q: Have )'ou suffered any embarrassment as a result
1241 of the scars that you/ust described?
125) A: Not from the scars.
Key Reponers (717) 764-780 1 Min.U-Scrip~
Page 53 . Page 5.
Lawrence Walson a: Ryder Rental a CaraWllY
.
1 84H:H,I11 Inl.rlng9:25 blllcally Ill: I 0 33:10; 34:17, 21; conllnued 013: 17;
antlclpale 9:2-1 beard 33:20, 21 40:.2. 6; 41:2. 14; 46:17
A Inybody 17:13,16, became 17:.1, 5 42:17,18,20; 44:5, 8, conllnuoully 8: I,.
1 3:17 16;23:22;31:10; become 48:5 9,9; 4':23; 47:24; conlrecllng.type
1.lnch 54:17 a.m 55:9 37:20; 50: 15, ) 9; began 32:.1 51:22; 53;4; 54:10, 15 7:22
1125:111; 10:11 ability 101: 13; ,11:11 52:23; 53:1; 55:3 blhlnd ,13: 13; .16: 15 clip 48: I conlrlbutlngl5:13
1035:9 able 101:19; ,'8:((. anymore 36: I balltve 19:'1;20:15; car42:18.18,19; conlrol 25:23; 26: I ~
100H.I;.18:11 44:9; 45:7, 12. 17;
ablolulely 53:23 anyone '12: I 29:20,23,25; 31:1, 49:15; 50:2 converlatlona
11 :3055:9 accldanl 3: H. 19, anyway 16:2,1 2.1; 32:9, 16; 33:8; Carawey 51:6 17:15; 18:1
12:1536:25 20;5:21;11:11,17; apologize 30:9; 51:9 38: 12; -12:20; 013:,1; Corporation 9: 16
1335:10 14:6,10,13; 15:11, 17, apparatuI 33: 1,3 45:19 careful 14:23 correctlona 4:'"
1536:21.2'1; 37:22; 21; 16:1.6; 17:10,12; appaared 014:2 barm 52:4, 16; 53:2 Carolina 37: II correclly 8: 12
38:2,5,7; 39:'1, 6,10, 19:8; 21:11; 22:.1,14; appolnlmenl35:16 bill 15:20; 18:25 carrier 12:5.17 couldn'131:3
I" 19; ,10: 10, 25; 2.1:21; 25:2, 3; 26:22, appreclale 30:25; BIALKOWSKI 3:11, Carrten 51:7 coun.aI3:3; 54:10
41:1,12;42;3,22; 23; 27:5, 23; 28:3; 54:3; 55:7 12;8:20,22; 16:10, c_ 16:9; 30:21 courae 3:22; 4:16;
33:21; 35:23, 2.1;
43:2; '14:5; 51: 18; 36:9.13;40:11:41:2; approllmately 23. 25; 18:18,21; cauMdI5:12; 41:15 8;6
52:20 39;18; ,1.1:17,19; caua.. 26: 19
42:.1; .13:3; 50: 16, 17; 36:23; 38: I; 40: 10, courl4:3, 10
160195:,1 51:7; 55:2 12: 42:14; 44:5; 55:9 51:23; 5-1:2, 22 caualng23:22; covered 11:22,22.
1117:2 accldenll 15: 11 approllmatlon 101;2 bill. 11:21 28:25; 31:10 24
1110-42-7 6: 2 .ccordlng 11:18 April 10:13 blrlh5:5 Canler 22:23; 23:3; craw 18:2
1110-42.71366:5 accumulellng .'6:22 .r.. 21;7,8; 27:9, blink 22: II 24:15.23; 29:11.14 cuI 20:.1, 21; 27: II;
18756:18;7:10,16 accurale .1:6 10; 29:3, 4; 31 ;8; blinking 22: 16; carllln 4:11;24:3; 54:7.17
18837:11,16 .che 20;17 33:16;34: 10; 35:5; 25:10,13,23;26:10, 34:13; 35:17; 38:24,
111887:1 50:16,21; 53;2 12 24; 53:23 D
ached 19:2 .r... 15:6 body 18:8,22; 27:22 changed 34:12
19843;15; 11:12; achlneu28:I,7, .rlllng 3: 13 bone 29:3 Chartou. 37:11
14:13; 35:9,10; 36:6 23; 29:7; 33: 1.1, 15, dally 33:19
15 .round 19: 11; bone. 21:1 check 12:2,15 damagl 29: 3
2 acroaa 21:19 20:18; 25:20 bolh 5:20; 10: I; cheek 19:12,14; Dlnvllle 9:4
acllon 22:16 a'llal 22: 15 23:19 20:19; 31:5, 9,13 del. 5:5
252:8 aCllvltle. 31: 101, 14, ..Ilalance 17: 13 bonom 32:6 ChIVy 48:2 deled 35:9
213:15; 11:12; 15,15 auoclel. 10:9 br.k. 53:1.1.12,13 children 5:13.20; deughl'" ':16
14:13; 36:6 aClual1y 35:3 .uume 12: I braked .13: 12; 45:4, 7 36:3 day 11:19,20; 13:7;
283 37: 15 .ddlllonl4:H .llend 6:7 brak..49:22 cl..r 29:12; 44:t4 22:7; 28:10.16;
addre.. 5:2; 20:22; anlnded 6:23; 8: 1 break .1:17,18,20 clipped 48:17 32:20; 36:23
3 33:11 .tlornlY 4:19; breaka 20:23 cloa. 22:16 dey.lo-dey 26: 17
addreued 31:21 16:17; 30:24: 35:7 br1118:21 CCMlp 8:8, II, 15, 17 dey. 12;11,12, 14.
35:19; 10:11 affecled 3:21; I.j: 13, ettornlY" 16:2.j brlally 54:4 colllalon47:I,4 23; 13:13, 16, 18;
38 5:3; 36:7 22; 15:1,8; 26: 17; audible 4:6 brlghl 24:6, 8 coming 17: 13; 14:2,3; 19:4; 23:5, I~
3:30 37: 19 31: 13; 34:10; 35:24; Augual5: 12; 7: I; bring 53:23 H:22; 51:14; 53:24 Decamber 35:13,
36:2 10:15 brokan 19:11.17; Comp 11:22; 12:1 14, 18
S alternoon 37:6 automobile 11 :23 20:19; 31:19 cornp.ny 8:24; daclllon 24:9
alterwardl 9: 10 .vold 24:6, 8; 34:13; broullhI21:t;52:22. 36:11 Decorllllng7:15.21
55:18 aga(n 16:2; 19:18; 36:4 25; 53:6, 10 Compenlallon deep 52:8
24:23; 33:12;-13:25; aware 17:5;'18:5; Buckhorn -; 1:7 11:24; 12:4, 17 Delendenll 3:8, 13
44:8; .15:1; 48:11: 49:2; 51:12 BURCH 16:8;39:17; complel. 15:3; deformity 33:24
6 50:4; 51:17; 53:5 alWly 21:1;0\4:6; 44:14; 51:21; 54:4.6; 24:20. 25 delellonl 4: 15
agea 5:17 45:23 55:8 complelaly 12:10; denllll 29: 17,22;
6114157 5:6 AGREED 3:2 bUllneaa 7: 12,14, 20:24 30:23; 35:4
ahead 20:22; 25:9; B 20; 11:2-1; 37:6 compll.. 34:22 denllll'. 30:5
7 32:15; 013:10; .16:2.1 concerning 3: 17; dep.rl37: 18
aid 32:21 back 12:11,23; 13:1, C 51:7 depollllon 4:13;
7532:7. 12; 3,1:3 alrpOrl37:12.16 2: 20:~: 21 :2i 23:6, 9; concluded 55:9 55:9
allllnmanl32:21 34:4; 35: 19: '11:21: C.J7:H condition 22: 13; ducrlb. 26:5; 28:6;
8 Allan 3:101 H:II, 13. 18 called 3:11 27:4: 38:17 39:3,7; 42:25; 43: 10;
almoII15:16;20:3; backed'13:15;46:3. cama 013:13;.15:5, condition I 38:.1; 54:15
837:9 21:16: 33:19; 51:10 tll,I9 1.1.2,1; .111:101; 53:7 39:7 delcrlbed 15:22;
887:3 along 50:21 background 3: 17; Camp 10:24; 30:20; conlcloua 17:21 16:7; 31:7; 34:9;
Although 101:1: 51:17 6:7 36:19 conlclouln... 17:9 48:23; 54:24
8115:12; 1Il:15 alumInum 7:22 backing .'6:20. B camper .111: I conltanl31 :9, 12; delcrlptlv.47:24
9 ambulance 17:101. Bailey 29: 21 can .1: 101,20; 9:2,1; 42:10 detail 28:6
111,22; 111:2. I; 013:25; balance 101:22; 15:7. 12:11; 15:20; 17:11; conlacl.15:20; 53:2.1 dlvlc. 32:20; 33:9;
,19: 19; 511:3. 13; 51: 13 9,17,19 111:25; 21:111; 25:11; conllnue 7:25: 29:6; 35:1
9310:13; 11:,1 anllle'15:11I; 51:25 Barbara 5:111 2CJ:2.II; 311:22;32:12; 32:20;011:11 dla onlll 46:4,7.11
Key Reporters (717) 764-7801
Min-U-Scrip~
g Y
1 - dlagonaU,.
1). lA:11 Ill: C
Januar,r 25.1996 , Lawrence Watson a Ryder RentaL a Cal'away
dlfferancl12:17 11.1 ~2:IS;~~:III: 21; 2'1:1.1,19,20. 2S; Frank 29:2~ hMdtd ~7:2~ InHlally 17:17;
dlfferanI7:23; 19: 12 ~6:1S, 16 25:IS, 17,16.22; tr.quantly 28:9; hMdllghl1 ~8:14, 15 30:2~; ~I :22; ~9:1~.
dlfflcuH ~4:16; 42:16 Imblrra..menl 26:1, 5, 5,11, 19; ~1:4 33:18 h..IMl 27:13,18 15;40:15;-11:18
difficulty 25: 10, I ~; 54:23 ey.ball 26:6, 7 In-nd.55:.1 hHr 40:7; 48:6 InHlaled 2~:12
~1:25 emerglncy 18:(, eyebrow 21:13 Ironl-l 1:2,1; ,12: I, 15; haard 47:~ Injured 16:6: 17:6. I':"
Dllllburg 5:3; ~0:20: employee. 5S:3 eyelid 26:9 H:5. 6; 014:2; .15:20. haarlng 26:22,23; InJurl.. ~:20; II: 12.
~6:7 amploymenI7:17. ey.. 23:19; 26:8 2'1;.\6:-1,8.1-1 27:7; 45:9; .19:22; 15; 12:9; 13:~; 14:9.
dime 501:18 25; 10:20; 11:10 lull 12:2.1; 13:2,1 SI:11 12, 2S; 17:2; 19:8:
dlrecllon 37:23; 38:8 Inded9:21; 10:21 F lun 5S:~ 20:20; 29:10;~0:H:
heavlar42:12 ~I:.I; ~S:2I, H
dlractlona 19: 13 andlng. :11:11 lurnl.hed H:7 haavle.I-I2: 13 Inllda 20:25; 21: 1.
dlreclly.16:5 engalle ~2:(J lace 20:2S; 21:3, '1, further 6:20;7:5; haId8:6;9:4; 18:19 2.'
dirt 52:13 engineer 9:7; 10:9; 7,8,10 8:17; 14:9; 27:t8 help 2S:11; 28:18 Inllrucllon 16: 15
11:8; 12:20; 14:IS lacing .16: 1.1
dl.comlort 26: 13, enlllneerlng 6:2-1; G hllped 33:12 In.lructlon. 16:24
20; ~4:8 lact 16:5, 13 International ~7:16
8:8; 11:2 lactor 15: 13 hara'a 54:17
dl.cu..ed 29:2 anhanca .11:8 Herahey 22:2~; Inlarrupt 43: 11
dl.cu..lon 18: 19 1d16:5 G.P.U 8:9
anlllled 13: 13 gaah 20: II; 27: 1(, 23:~; H: 15,23; Into 7:6; 15:6; 18:6,
dl.cu..lon. SO: 15 laU 7:9, 11 29:11,13 11,16; 21:2: 22:1;
dl.Jolnted 26:6 e.peclally 26:20 lamlly ~O:IO.I~, 16, galher ~9: 11 hlatua 10;.1 28:8; .10: 18; 5~:11.
e.lln"'lo .IO:~. 6; 17 gave 23:2'\ 14,24
dl.lance 25:5;H:7, -14:22, 2~ far 17:8; ~4:20, H; gearH:t8 hide ~3:23 Irrllale 26: 14
9 even 1.1:17;-10:2; high 6:7, 9, 11,20;
40: 10; '12:1 S; .14:5; generally 12:7 laland 8:10
dividing S2: II 44:8; .17:4; .18:22: 4S:23 genlleman'a 29:21 7:4,tO
dock 13:9 S3:13 faat 39:16; 41 :2; 'IS:I highway 43:S H'II ~4:23
Iventually .10: II Gatty.burIl9: 18; Hlell ~: 19; 19:2S;
docked I ~:22 lathar 8:~ 10:S HIIIIO:24;~0:20; 2S:22: 26:6.12; 27:10
doctor 13:6; 19:7; Evary 28:10 lather'a 7: 12, 20 glaa.,a 2S:~;'1I:6, 36:19
28:14; ~0:4; ~5:4 everyday ~ I: 1-1 Fabruary ~: 15; 6,8 hl.tory ~:17, 18 J
doctora I~:S, 19,21; Ivarythlng .1:4.4; 11:12; 14:13; ~6:6 Good 16:21:22:14; hold 7:16,25; 9:6, 12
27:7; 28:2S; 29:S, I~ 26:8; 34: 17; .13: 11 teal.l: I S; 40:6 23:24 home 23:16; 37:2, 3;
done 2S: 11; 33: 11 exac117:7 feeling 31:12; 51:11 graduale 6:9, II, 38:2 J ~:7
doubl54:1 exaclly 12: 13; 14: I, Iaat 44:23; S2:8 17,2S honl.tly 44: II Jaw 19:17, 20, 2~, 24;
down 8:6, 9; 20:2S; 2S; 32:~ graduated 7: 10 ho'pHaI18:3,13, 20:19; ~1:18; ~2:1, 7,
EXAMINATION fellow SS:~ 19.21; 33:16; 34:2, 9,
27:22; 28:8 3:10; 2-1:20, 25; IUlng 3:4 graduatlnll7:4 14,16; 23:1,17,23; II; 35:5
Dr 29:21; 30:7; 35:13; 54:5, 21 IInd 25:18 graduallon 6: 19; 31:22 jOb8:24;9:8,12,20.
32:24, 25; ~5:8, 19 exampla 34:12 IIna 4:2, 21; 16:19; 7:7; 8:23; 9:8 hoapltallzallon 14:8 21; 10:7,25; 11:3, 19;
drill 26: 19 Ixcepl 3:5 17:3; 25:22 gra.. 52:13 hOlpltallzatlonl 13:13; 14:14; 15:8,11
drive 53: 14 Excuae ~0:4 "nlahed 9:25: 51:10 grinding 49:22 14:9 Joba 7:22, 2~; 8:5
drlvar 50:24 eXlrcl.ea 2.1:~ llrat 5:23; 7: I~; 12:7; growing ~3:23 hoapltallzed \01:6; John 4:24
driving 42:19 IX(.t 15:25; 27:4 17:4; 2~:14; 42:~, 4; guardrail S2: 12 19:~; 23:5 Junction 5:~; 36:7
Drlullng ~8:6; 42:5 exIl38:2: ,10: 13 44:1,15,18;.18:6; gue.a 16:17,18,18; hourly 12:21
drovl ~8:7 IXpect 19: 5 H:20 25: 19; .10:.1, 5, 8; houra 11:18 K
DUI 14:25 exparlenco 23:1.1; FIve ~8:~ 44:11
duly ~:8 24:18; 26:11; 28:~, 9; llaahlng 23:10,15, guo..lng .1.1: 13 I keep ~~:5; 53:11
during 3:22; 4:16 29:6; 31:8; ~2:4, 19; 19,23 klpI53:12.13
34:9 IIat 34:17 H Ibuprofen 28: 15; kind 21 :25; 33:2~;
E experienced 27: 10 IIlghl ~7:17 33:12 47:13
exporlenclng IS: 17; Ilylng 37:6. 8 H-A.U.C-K 29:2,1 Idea 50:8, 14 knew 14:19
lar 20:2; 21:5,16, 18:I2,15:2~:IO; log ~8:6; ~9: I, ~; habll. 3-1:13 Immedlalely 7:5; knock 50:2
17,18,19,20,24; 28:22; 29:18; ~1:2S; 41:9;42:10.13 hall 12:11, 12,14. 9:20; 14:5
26:21,24,25 3~:1-I Iollow-up ~S:I~. IS 23; 1-1:2, 3: 20:~; Impact 51:12 knocked .19:16;
explain 25:25;26:1; 21:17 50:9; 53:7
earlier 10:14; 31:2S '10:1 lollowlnll.I:I~;6:19: happened 11: 17; Impacled 48:6 knocking": 14
.aat 6:16 explanallon 23:2-1 8:23 Impair ,11: 17 knowledge 20:7;
lollowa ~:9 20:1 S;.II :2: ,18:8:
.allng ~4: 12, 13, 15 oxprelled 3~:1~ food ~4:H 50:1,8.17 Impaired 26:2~; 24:2.1; 50:1
educellon 6:20; 7:S extandlnll 22: I 100153:11,12.13 happening -13: I, 2 27:2, 4, 8 knowa 16:2-1
educallonal ~: 18; extenda 21:19; 28:8 100lello .12:17 happy 4:20 Importanl'I:5
6:7 extenl \(0:6, 12: hard I S:2: :15:20 Incurred II :22 L
elllht8:H 20:IS lorce 7:6; 22: 10 Hardware 11I:22: Indellnllo 29:8; 3~:2
alllhl.monlh 8: 13 extreme 18:20: 29:,. 10rm~:S; 51:21 11:1 Indicate 29:5;32:25; L.A.H-A-R ~0:7
Either 2S:S; ~6:~: extremely H:2~ lour H:4;.1ll:12 Harrisburg :17:9. 12 ~4:1 Lahar ~0:7
48:1; SI:6; S2:19 eye 19:11, 11;20:16. lour-door ,.7:22 Hauck 29:2:1. 23: Indicated ~ I: 19; lene ~9: 13, 15,20:
elap.ed H8 19.2'; 21:',12; 22::5. lracture 20: 19 30:1 33:10:34:25; 35:9: .10:16.19.23;.11:19.
Elevator 9: 15; 10;.\, '.9,10,1',.(,,18, lractured 19:12 head -1:10:("..; -17:7; 52:23; 53:1 20.21; -12:23: .13:7, 8,
6. III 19; 23;.1,10. 15.20. lraclures 20: 23: :11:7 21:21; :ll1:5 Inlormallon 16:22 8.9,15.16;....:4;
difference - lane Mln.U-ScrJpt<!> Kl."y Reporters (717) 764-7801
Lawrence. Watson a Ryder Rental a Caraway ,January 2', 1996
45: 15; .16:3, 9, 18,22; 101 27:9 mllll 6:16; 38: 1.3; numb" 3:16;5:25; aver 16:4; 19:2; pl8t.. 21:2
48:2!; 53:2S Iol'l'r 19:22; 27: 22 411:12 35:8 37:15; 40:18,23 p,-...3:24;.I:11.
I.n.. 39: H; 52: 12, lubrlc.nl 22: 15; mllllllry 7:6 numb.r. 6:.1 aVlMhKaunl.r 19, 23; 15:7
19 2.1:10,12;25:15 mind 18:II;H:15; numbn... 31 :9. 12 28:15 palnI3o:22; 37:25:
I.rg.r ,17:18 lugg.g.37:'1 HI awn 42:21, 25; 39:3,6,17;.10:11;
I..t 8:11; 10:12; mlrTllrH:19.21; 0 49:25; 50:5; 51:10 41:19,20;013:13:
24:17; 29:23; 30:6; M .17:11. 19; '18:6,17,19; owned 36: I 0, 10 46:1,25; ,17:3: '19:!
32;17; 35:3, 6, H .19:3,(., ) 5: 50:3, 10; pointed 19: 18
Lawrence 511:25; 51:15; 53:7, 8 0-L-E.Y6:H p polnllng 19:1,1: !0:5
51:3 M.D 30:3 mlrTllr..19:8 objecl16:8 pollc'II:18
I.zln... 2S:2.1 machln. 18:7, II, 17 ml.. 11:1.1; 12:8; Objection 51 :21 PA 8:9; 36: 19 policy 11:23: 13:16
I.zy 22:8; 25:17, 18: mall 12:2 13:2. 7, 21: 16:6 objecllon. 3:4 p.1d 12:19 portion 19:22.2-1
26:1,5 make. 3.1:15 ml..ad 11:25; 13:1 obJecllvely.10:6 po.lllan 8:8; 9:,1. 6.
I..rned 31:17 manu.I..hllt 53: 15 Madar.t. 39:5 ob.erv.llan. .19:25; p.ln 18:12.15,20,
23; 34:8 15,19; 11:7: 12:20.
1...115:12;2-1:16; M.nuf.clur. 51:6 moman115:5 50:5; 51:11 p.lnt7:21 22: 21:2; 51:19;
27:6; 28: 17; 34:20 Monday 11:17 ob..rved 013:7, 14: 52:23; 53: I
Ielt 19:11,1.1, 19,20; manuf.clurlnll 9:7; 44:15: 45:2: .16:8, 25; p.lnllng 7: 15 po.lllon. 8:4: 9:23
11:2,7; 12:20; H:H month9:H 48:22; 52: 18 p.r.II.I.15:17,19;
20:5,11,19.19; many 5:15;6:.1: month. 8:15; 15:21; Practlc. 30: 18
21:12; 22:lll,19; ob..rvlnll 41 :24, 25 46:8; 51:20 pr.malur.ly 26: 19
23:21; 24:19; 25:17, 13:13: 1-1:3; 24:1-1; 35:22 obvlau. 36:5 p.rk 53:11,14
18; 26:25: 27: 11.13, 28:16; 38:1; 44:23 more 4: 19; 25: 19; obvlou.ly H:16: p.rked 43:5; H2 pre.crlb.d 2,1:4:
16,18; 31:5, 9,13; M.rch 5: 19 28:6; 34:16; .17:2,1: 34:16 p.rklng 38:14 28: 14; 32:23
36:17,18; 52:3, 6,19 mark 21:22 54:18,19 pr..crlpllon 2,1:2
1.It-h.nd 40:) 9, 23; marrl.ge 5:23 morning 11:18 occallon 25: 16 p.rtI8:22; 27:22; pr...nI5:2; 28:2,'
occur 40:21 48:16
41:20; -12:22; 13:8; married 5:7. II, 12; IT1IIlor 3: 13 occurred 3:1.1; p.rt.lIma 8: 5 pr...nlly 5: 13
44:4; 45:15 10:15,18,19 mouth 21:1;32:1, pr..umlng 16:13
LENDACKI3:7,12; 10; 34:17. 20 40:11; 43:24 p.rlIe. 3:3 Pr.lly 19:9
4:22,24,25; 6:1, 6; malrlculltlng 8:18 move 26:6,6: 41 :20 October 35:10 p... 47:12. t8 prlv.I.4:19
7:14; 11:11:36:6; M.y 1\:'1;30:9;31:2; Off 8:20: II: 19: p...ed 16:4
40:2; 47:4: 50:6, 20, moved.1\ :20 prlvlledged 16:22
42:21; H:20; 51:10; 12:10; 18:18,19; p....ng.r 48:6;
53:22: 54:3,7; 55:6 21 mov.ment 26:9 20:2.1; 30:.1: 34:18; 49:15; 53:8 prob.bly 9:24; 16:2;
length 42:19; .15:25 mayba .1:8; 23:9; moving 26:12; .13:2 37:12;.13:19;47:8, 21:18: 23:16: 54:18
29:12 much 12:8; 19:9; 19: .19: 16, 16; 50:3, p....ng.r'. 43:22 probl.m 15:19,22.
length. 42:18; 44:9 me.n 13:12; 46:7,18 53:8; 55:6 10; 51:1.1: 53:7,8 p....ng.r..ld. 25;22:18;24:18;
11f.26:18 mUICI.. 25: 19, 23; office 30:17;32:24; 47:8; 48:17 26:15; 33:8, \I; 34:2
IIghI39:8,9. 10: me.n. ,1: 1\ p.u.. 8:21 probl.ma 15:9, 13.
me.nI26:2 26:12 35:13
41:25 myulf 13:17 016:13 p.y 13:9; 16:5 17,23; 20:22; 22:3.4,
IIghl.n 42:7 mech.nlc.16:23 Ol.y 6:12.19; 7:4 P.nn 6:25; 7:8; 8: I. 6; 26:22; 27: 13,18.
IIghtar42:1I,12 Mech.nlc.burg N once 18:15;.15:12, 23; 22:22 21; 29:18; 31:8, 25;
IIghl. 38:11, 14.18, 36:22 penn.ylvanl. 5:3; 32:3, 18; 34:\1: 35:-1:
25 medl.152:7.9; 53:2 23 6:23; 9:5; 10:24 55:1
IIn. 21:19; 22:1 medlc.13:20; 11:21; n.me 3:12:4:23; 5:9; on.5:18,18;9:13; peop'- 26:5 proceed.d 38:8;
7: 13, 14; 22:22: 16:15; 21:12: 23:20; 39:11
IIn.up 32:5; 33:6 19:5; 22:t2. 23; 23:3; 29:21,23; 30:6, 21, 24:20; 35:8: 42:19; p.rc.n132:7,12; proceeding 39:16:
IIna'52:11 24:2. 15, 18, 23; 29:9, 22 45:25: .16:5 34:3,4: 48: \I
\1,13;32:18: 33:10; 40:25: 41:12, 23;
11lt1. 25: II 34:1 n.rTllW 52:12 one. 20:16; 29:13 p.rceptlon.51:1\ 42:2.22
11v. 31:17; 36:7 medication 28: II, n.lur.llyH:12 only 18:4:25:16; p.rform 14:14 proceeding. 8:21
la.ded 17:I.i,18: 13 no'07:15 32:7,12; 34:3: 51:12 p.rIod 9:21; 12:13: praf...(on 24:18:
18:4 medicine 28: 15 nec....rlly 19:5 onto 36:21,2'1: 14:15; 16:3; 17:7; 32:18
loc.ted 6:15,16: memb.r 2-1:17; nece...ry4:15 37:22; 38:5,7; 39:4, 22:14: 23:18; 29:8: profe..lon.l. 13: Ii
9:3,17,18; 10:23,24; 6, 10, 19; 40: 10; .11: I 53:9; 55:2
21:15; 29:11; 30:19 32:18 nack 20: 16; 28: I, 23 opan 32:10, 12; periodically 13:22 promotion 16:4
long8:1I;9:12: mentioned 10:t4; nlltld 16:23 34:20 p.rp.ndlcular prqp.rly 32:6
10:10; 11:3; 12:12, 18:16; 20:18: 21:16; nerva 31:11 op.rallng 36:10 46:13; 51:25 provldad 31:3
I!; H:I; 15:19,25; 25:17: 26:1; 27: II. n.1ll18:5;21:5,21: ophlh.lmololll.l. per.onal.19:25; provldar.33:10;
19:!; 27:.1: 29:6: 16,25; 33:15; 5-1:7; 26:21;40:1; 013:18; 22:17 50:1.5 34:1
32:25 55:1 46:5; 49: I 8 oppo.ad 26:9; p.reonn'l 29:9 pullad 21:1
long.r 32:5 mer. 16:13 nlllh132:21 47:21; 50:6 phy.lcally li:21: punclure 54:19
100k21:18;.18:i,19; metal.19:23 normal 25:9 oppo.lng 5.1: 10 46:19 purpo.. H:3, 5
49:3 MICHAEL 3:7:.1:21; normally 38: I i oplomelrl.I.22:18 phy.lcl.n 30: II. 13, put 18:li; 22:15:
lookad .18:9 35:12 North 3i:II,23; order .1:5; 15:2.2 16 42:li. 18; 53:11. J.l
looking 19:i; 26:7; middle 21: 20 52:1\ orlgln.lly 23: 12; plck37:-l
48:7, Ill; .19:5. 7 Mlddlelown 8:9,9; nothlnIl21:'I:H:I: 32:7 pickup 013: 19; .17:8, Q
look. 21:2,1: 22:1 37:J.l,15 ,19:1 ouI3:13; 15:3: 21:2; 17;48:1
loo.ened 20:2-1 mlghI16:9; .j7:li notice 33:20 26:19; 32:2,1; 37:6.8: pl.ce. 19: 12, 17; queallon'. .1.1: 1-1
101813:12 Mike 51 :22 November 35:9 -11:18; 53:16,18 211:19; 31:19 qu..tlonlng 3:B;
10.117:9 Mlle/l:Ill;'W:13 Nuclear 8:9 out.(de 52:2,1 plant 1-1:23 .':17
Key Reporters (717) 76..-7801 Mln-U-Scrip~ lanes - questlonlnll
Lawrence Watson a Ryder Rental a Caraway
R reprallnt 3: 13 Icar 54:12 Inow ~2:8. 13 1111111:5,7; 15:17, Ihey'vI3:21
rapra..nlallvl 51:1> acarrlng 21:17,25; _Ial ~:25 23: 25;12,15; 21:2; thicker 42:11
requlra 20:7, 12: 5.1:11, II> IOcklt 19:11,25: 28:3; ~:25; 45:H though 21:13:30:3;
rain 38:23: -12:.1 25:3.7; 27:12, 17 acara 21:10:5.1:2,1, 20:18; 31:.1 IIlnt 8: 13 40:2; 014:8; .18:22:
rail. 16: 5 required 20:21; 25 IOrnebody 50:6 STIPULATED 3:2 UI3
Randy 30: 1 33:1: 301:13 acheduled 37:17 IOmehow 17:(, STIPULATIONS 3:1 Ihought 2(0:1: 291>
ral.12:21 r.larvad 3:5 achooll>:7,9,II, IOrneonaH:18; Ilop 43:12; 45:.1, 5, Ihoughll 15:3
raadlng .1: 13: 6: 16; ralpect 15:7: 20:20; 20;7:5,10 47:7 12,14.24: 48:3; Thrll 8:9;9:22;
25:5 2t:.I, 7; 31:4.18; 3.1:9 lalllng 3:3 IOmeplaca 31>:U. II> 52:22, 25: H:6, 10, 12:10; 13:1; 14:.1;
rill 15:1 ralpecllva 3:3 aacond 18:18 10melhlnlllCJ: 15, 23 19:.1; 21:2; 23:5,17
r1l1l1l18:25 ralponla .1:9 lecondly .12: 10 19,19: 26:8; 3-1;18: 1I0pped 44:17;45:2, Ihr_month 10:3
rllllzed 17:5 ralponllblllllu aacurlty 5:25 47:22; 51: 13: 52: 13 17; .i6:2; 51:17 111I 51:2, 5
raally 23:24; 13: 1 14:J.l aldan .17:22 IOrnetlma 11:17; 1I0pplng 46:24 tlmaa 24:14:0\2:11,
raar 48:24; .19: 1,8 railing .13: 13 a..lng'I3:,1:51:12, 23:6,7 atrangara 55:4 11
raarvl.w 48: 19; ralull 11:11,14: 18 IOmewhlra 36: 19 llraaklng 41: I 5 tlraa .15:9
49:3,6 12:9; 13:3; "':9; I..ma 25:22 lOrry '16:21; 53:17 Itrlk.9:19; 22:24: TMJ 33:7, 11; 3,1:11
raaak 30:10 22:.1; 2.1:2.1; 25:1; aaml-aldawaYI 52: I 10rt 27:21 49:11: 52:24: 53:20 loday 13:3;15:16;
raaaon 4: 17; 18: II: 27:22; 29: 10; 30:13; a.parata 12: 1 5 lOunded'17:4 &trip 52:7, 9 25:12; 28:20: 44:2,1:
40:2.1: 401:20 5.1:23 Ilructura 29:3 50:17; 51:2, 5: 5,:22
return 35:12 IlvaraI8:4; 19:12, Soulh 31:24; 39;.1. 6, &tudlea 8:7 togethar 20:3
raaaona 36:5 12; 35:22 11,19; .10:10, 25:
receIl15:20; 17:8,9, ralurned 35:'" ..vare 20:16 41:1,12,23: '12:2, 22; lubconlcloualy told 24:12: 31:10
12,20: 18:1,4,5,12, ralurnlng 14:17 aavared 31:11 43:2; 51: 18; 52:20 33:6 look 9: 15; 47:7, 19
14,15,25; 22:21, 22; right .1:7; 8: 11: 9: 1 0; alvaraly 14:22; 15:8 lOulhbound 39:14: Suburban 48:11,12 top 30:5; 32:6
35:14.18; 38:21: 10:2; 12:2; 14:18: 42:23; 44:4; 45: 15: Suburban-type .18:2 lorn 20:3: 21:16
39:13; 41:14, 24, 25: 17:1; 18:9; 21:12: ..wad 20:3 46:22; 52:12 autlw 22:3, 6 Townlhlp 3: 14
42:t3: 013:1, 3,4: 25:21: 26:20. 21; ahlke 4:10 lOutherly 37:23; IUllerad 54:23
45:8,9: 49:10,11: 29:19;32:15: 34:18: Sheperdllown 38:8 trector 43:14;47:14;
53:4, 20 35:22;37:16,16: 30:17 Ip.ak 32:5: 013:20 luffarlng 26:3 53:24
rec.lp14:13 43:16,23: -14:2;.16:6; ahln 20:11;27:17, lunglulee 41:8 traffic 39:7;41:24.
rec.lvaI2:14,23: 47: 12; 48:8, 9, 10; 19; 54:14,16,17 Ipuklng 55:2 lunllght 24:7, 8 25; 42:23: 44:5;
32:22 49:15: 50:9: 51:14; Shlndlar9:15; 10:4, lpeeleIlII122:18: IUPPO" 31:16 45:15: 46:19. 24:
53:7 23:4, 5; 24: 15 48:23
received 3:21; rlghl.hand 39: 1 5. 7,10,12,17,21 apaclflc 25:19: 38:13 lure 12:13; 18:7: Irallar 43:14; 53:24
14:12; 22:12; 32:17 ahock 27:10; 29:4 23:17; 48:11; 50:18
recognized 17:5 20; 40:16: .11:19, 21: ahouldar 20:4,5: apaclflcllly 38:21: lurlllry 20:21;34:5, Iraller.typI47:14
recollacllon 17: 1 5; 43:8, 15, 18; .t6:3, 9, 27:12, 14; 54:8, t1, 39:2.t; .t7:23; .18:18: 6 tranlcrlblng .1:4
13, 18,22; 48:23: 49:5
38: 13: 49: 13,22; 52:t5,19 16 apaech 15:1, 14,22 IUII"n 11:12 tranlcrlpt 3:4;4:5,
51:18 ripped 49:16 ahouldarl 28:8 luatalned 3:20; 13
recollacllona 50:6 Road 5:3; 36:7; Ihown 34:19 apeed 39:20,2,1; 11:15: 12:9; 14:10; tranlported 18:3,
recommend 34:6 40:2,3 19:8: 35:22.24 10,13; 23:1
45:18;46:9,13; lick 13:13, 16
record 4:22;8:20; 50:21; 51:20; 52:4; IIde 20:25: 21:3, 21: Iplnt 13:5 IUlu_ 27:12. 17 Irlume 29:2
18:t8. 19; 30:1; 34:t9 53:2 43:22; 46: 13: ,18:6: apoke 15:2 luturlng 20:8, 12 trlume-typ.20:16
recOrdl 31:1, 2; 35:8 room 18:6 49:15 Ipoken 50:19;51:2, lwelllng 27:9 trav.132:7: 34:2, II:
red 21:19, 21 roughhoualnIl36:'1 Ilda-vlew 49:7 5 lworn 3:9 39:13;46:10.14:
refer 22:7; 33:7 roughly 21:20 lldeburn 21 :21 Iportlng 31: 1 5 52:19; 53:25
referred 29:20 Roule 36:21,24; Ildu 45:17;46:9: apouae 35:25 T trevlllng 39:21;
referring 32:9 37:22: 38:2, 5,7: 51:20 aqueel H:9 41:3; 46:21
ralallonahlp 35:25; 39:.t, 6. 10, 11,19; aldawaYI 52: I aqueellnll.19:22 T.R.W9:2.21 lraeted 29:10
36:2 40: 10.25; .1\:1,12; aiding 7:22 Illrlng 013: 13 talk 4:18 traetmanI3:21;
ralulng 31:14 42:3,22; .13:2: 44:5; Ilmllar .17: 17 Illrt 7:8:9:20, 25; talking 21:5: 22:1 20:20; 22:12; 29:11:
rameln 42:10; 53:'" 51:18: 52:20 10:17; 11:3: 23:"': 32:17,22
Ryder 5 I :6 all 25: 12; 28:22; 47:14 tandem 26:6 IrlaI3':6: 44:21
ramadled 34:3 43:17; .16:17; 53:22 alarled 7:9; 11:.1; technology 6:24 trip 18:14: 37:7
ramember 8: 12; S allllng 31:3 29:17; 31:2-1: .11:18 leeth 29:18: 32:1, 5, lroubl. 26: 11
12:6: 18:6, 10,20: alx 15:21
30:8,22; 31:3; 35:6, allte 4:22; 6:23, 25: 6,6. 19: 33:6 Iruck43:4,19;44:1,
20; .10:22; 0\5:25; aalary 12:20, 22, 2.1 alx.monlh 16:2 7:8: 8: 1.23: 22:23; Temper 10:22: 11:1 16; 45:2, 20, 24:
48:.1,21: 49:5. 7.19; aeme 10:1;38:25; Ilza 5.1: 18 44:9 tan 6:16 46:14: .17:15; 48:1:
51:13; 52:2; 53:19; .12:8,9; H:7, 9 1118154:15 allIed .19: 13 tarmlnology 18:7; 51:6
55:5 aandwlchaa 34: 15 akld .15:7 allY '12:7 19:6 trucka 47:12,13,17
randar 17:13 aaI-l8:24: .19:1 aklddlng'I5:8 ateel21:2 larm142:14 Tru. 10:22, 25
repellllve 51:9 aaw2-l:17;29:13: akin 20:22, 2,1; 21:1 Ilep 23:9 lallllled 3:9 try 3:25
rephrale 3:25 35:3;-1-1:1:46:2; aleap 32:21;33:5; allck 17;1 lelllmony 3:8 Irylng 16:11; 33:6
report 11:18;35:8. .17:23: .19: 1.1; 50:2 35:1 allcka 18: II Ithelr'a 24: II lurn 29:20: 38:18. 18
12 aaylnIl17:I(d8:20; ama1l7:21 allIIn ell 20: 17; lharefore .1:5 turned 38:24
reportar .1:3. 10: 9:25 +1:22;-19:.1 amalh 3-1:16 27:25; 28:7. 23: 29:~ I Ihey',. 26:7 twice 2,1:16
rain - twice Min.U.Scrip~ Key Reporters (717) 764.7801
I
1JI
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