1 in the state court of athens-clarke … in the state court of athens-clarke county state of...

1 IN THE STATE COURT OF ATHENS-CLARKE COUNTY

STATE OF GEORGIA

2

3 LYDIA VALLEY,

4 Plaintiff,

5 VS. Case No.: ST11CV0676

6 SEARS HOLDINGS MANAGEMENT

CORPORATION a/k/a KMART,

7

Defendant.

8 __________________________/

9 DEPOSITION OF ZDENEK HEJZLAR, PH.D., CSP, CFEI

10

TAKEN: Pursuant to Notice by

11 Counsel for the Plaintiff

12 PLACE: Engineering and Scientific Investigation

12750 Commonwealth Drive

13 Ft. Myers, FL 33913

14 DATE: Friday, February 8, 2013

15 TIME: Began: 11:51 p.m.

Ended: 3:02 p.m.

16

BEFORE: TRACIE L. THOMPSON, RPR, CLR

17 Notary Public

State of Florida at Large

18

19

20

21

22

23

24

25

Veritext Florida Reporting Co.800-726-7007 305-376-8800

1 A-P-P-E-A-R-A-N-C-E-S

2

3

For the Plaintiff: JOHN HOLLIS BAKER, ESQ.

4 Baker & Slider, LLC

298 E. Washington Street

5 Athens, GA 30601

706-208-1514

6 www.georgialawyerteam.com

7

8

9 For the Defendant: JAMES S. STRAWINSKI, ESQ.

Strawinski & Stout, PC

10 3340 Peachtree Road, NE

Suite 1445

11 Atlanta, GA 30326

404-204-9955

12 [email protected]

13

14

15 * * * * * * *

16

17

18

19

20

21

22

23

24

25


1

I-N-D-E-X

2

3 WITNESS DIRECT CROSS REDIRECT RECROSS

4 ZDENEK HEJZLAR, Ph.D.

5 By Mr. Baker 4

6 * * * * * * *

7

8 E-X-H-I-B-I-T-S

9 DESCRIPTION MARKED ADMITTED

10 Exhibit 1 Curriculum Vitae ....................8

11 Exhibit 2 List of information submitted ......15

12 Exhibit 3 Correspondence File ................17

13 Exhibit 4 Engineering Systems Invoice ........18

14 Exhibit 5 Deposition/Trial Testimony List ....18

15 Exhibit 6 Terms and Conditions for ..........19

Professional Services

16

Exhibit 7 E-mail 1-8-13 ......................18

17

Exhibit 8 Copies of depositions ..............19

18

Exhibit 9 CD .................................20

19

Exhibit 10 Handwritten notes ..................21

20

Exhibit 11 Individual pictures from video .....55

21

Exhibit 12 Gait Analysis by Whittle............23

22

Exhibit 13 Gate Cycle Chapter 1 ...............55

23

Exhibit 14 Frame Analysis - handwritten notes..56

24

25


1 Whereupon,

2 ZDENK HEJZLAR,

3 the Witness, called, duly sworn, acknowledged his oath by

4 saying, I do, was examined and testified as follows:

5 MR. BAKER: This is the deposition of

6 Dr. Hejzlar pursuant to notice in the Valley versus

7 K Mart Corporation, State Court of Athens-Clarke

8 County, Case ST11CD0676.

9 This deposition is taken for purposes of

10 cross-examination and all allowable purposes

11 pursuant to the Georgia Civil Practice Act.

12 In terms of the objections to any questions

13 that will be asked, Mr. Strawinski, is it stipulated

14 in this deposition that the objections to questions,

15 except as to the form of the question and any

16 matters that are privileged, shall be reserved until

17 such time that the testimony is sought to be

18 introduced at trial?

19 MR. STRAWINSKI: So stipulated.

20 DIRECT EXAMINATION

21 BY MR. BAKER:

22 Q Would you please state your full name for the

23 record?

24 MR. STRAWINSKI: Before you start, I'd like to

25 make a comment for the record, and only for the


1 record. I'm going to object to the request for

2 documents as not having given us 30 days. I also

3 want to say, in the same breath, that we're doing

4 this on a hurry-up basis and you didn't really have

5 30 days. I understand that.

6 We're not going to object to any of the

7 materials you asked us to bring with the exception

8 of one objection, and that's item number nine, where

9 you have asked him to bring and present any material

10 which he considers authoritative in his field of

11 expertise. I don't know what a huge library that

12 might entail.

13 So that one part of that. We're not objecting

14 to the entirety of number nine, but the last phrase

15 there, where you have asked him to bring everything

16 that is authoritative in his field of expertise, we

17 object, and we have not done that.

18 Otherwise, what you've asked for is here.

19 MR. BAKER: For the record, the Exhibit A

20 attached to the deposition notice includes requests

21 for materials numbered 1 through 14. Number nine is

22 withdrawn, and I appreciate, under this short time

23 notice, that counsel and Dr. Hejzlar have attempted

24 to comply with the rest of the provisions.

25 BY MR. BAKER:


1 Q Would you please state your full name, and

2 spell it for the record?

3 A Yes. My name is Zdenk Hejzlar. First name is

4 Z-D-E-N-K. Last name is Hejzlar, H-E-J-Z-L-A-R.

5 Q Dr. Hejzlar, I have read your CV, as it appears

6 on your web site, ESI-FL.com.

7 As far as you know, is that CV up to date?

8 A I think this is a little more. I just -- in

9 preparation for this deposition, I brought the most

10 recent copy. I noticed that June 2011 was marked on this

11 one. This one has a January 2012.

12 So this is probably more up to date. I don't

13 know whether there are any significant changes to that,

14 but I brought this one.

15 Q Okay. If we could mark the new CV as

16 Plaintiff's 1.

17 (Thereupon, Exhibit 1 was marked for

18 identification.)

19 BY MR. BAKER:

20 Q But it is apparent from this updated CV that's

21 marked as Exhibit 1 that you were granted a Ph.D. in

22 occupational safety and health engineering in the year

23 1999; is that correct?

24 A That's correct.

25 Q Can you give me a brief overview of your


1 background, personally, including where you grew up?

2 A Sure.

3 Q And also your professional background?

4 A Is it okay if I refer to the CV?

5 Q Please do.

6 A Just from -- I was born in the former

7 Czechoslovakia, grew up in the Middle East in Iran. I

8 was there. That's where I actually started, went to

9 American community school. It was still under the Shah.

10 At that point, from there, my family, at that

11 time, the Russians, basically, rolled into Czech Republic

12 with their tanks, and so we decided not to go back to

13 Czechoslovakia and left and went to, at that time, South

14 Africa.

15 We spent a few years. I finished high school

16 in South African. From then on, I started college. I

17 started out in Scotland and did a couple of years of

18 college in Scotland.

19 After that, there was an agreement between that

20 college and Philadelphia College of Textiles and Science

21 that they had exchange students. So I went and finished

22 my undergraduate degree, which was in textile chemistry

23 in Philadelphia.

24 After that, I went, worked for Polymer

25 Corporation for a number of years. The CV has more


1 detailed dates.

2 After being with them for a few years, I

3 then -- we, together with my family, acquired a marina,

4 campground and restaurant business on the eastern shore.

5 I ran that business for a number of years.

6 From there, we just got tired of dealing with

7 the winters and packed everything up and moved to

8 Florida.

9 When I got to Florida, I started looking for a

10 meaningful job, something that we do, something that my

11 background was in, and, basically, the textile chemistry

12 is primarily, and polymer chemistry.

13 So I found employment with Parker Hannifin. At

14 that time, they had a plant with approximately 80 people

15 here in Naples.

16 I worked for them initially as a quality

17 assurance manager, and also became involved in some of

18 the research and product development, and ended up being

19 a quality control manager and engineering manager, and

20 also got involved with setting safety procedures and

21 quality control procedures for corporation, for the

22 entire corporation, where there were seven of us selected

23 from the company that formed this quality council that

24 was in charge.

25 So I started going up there. They've got


1 like -- at that time, they've got about 250 plants

2 worldwide. And I worked for them in that capacity,

3 auditing and going into plants and working with people

4 and quality assurance managers and safety managers in

5 those plants.

6 From then, they decided, through corporate,

7 that they're going to shut the plant down in Naples and

8 move the plant to near Chicago, Elgin, Illinois. They

9 asked me to come up there with the plant, with the new

10 plant.

11 I went up there for a while, about three weeks,

12 and decided that I'm not going to move from Florida. I

13 offered to consult for them on a temporary basis, to help

14 them get everything going over in the new plant.

15 That's basically -- I started consulting. From

16 then on Mr. Breen, who is the director of Engineering

17 Systems right now, he, at that time, contacted me. He

18 had a small company. I think there were like three or

19 four people, small consulting company, and asked me

20 whether I would like to start coming and consulting with

21 him.

22 So I joined him and started this type of

23 litigation support consulting, but we also did a lot of

24 research projects.

25 Mr. Breen eventually ended up going to --


1 merging with Engineering Systems, and so my time with his

2 firm was transferred and recognized as being part of

3 Engineering Systems. So I've basically been doing this

4 kind of work and working for Engineering Systems through

5 Breen & Associates for about 22 years.

6 Q Thank you.

7 How did you first come to hear of this case

8 that you're here to be deposed on?

9 A It was -- I recall that it was from Mr. Bear

10 Ferguson, he's kind of, heads some of our logistics and

11 marketing type of work.

12 Typically, when people call our firm, he gets a

13 call, and then he then helps the person pick somebody in

14 our company that basically suits the needs of that

15 particular project.

16 So I ended up getting the information from

17 there, and I recall that I worked with Mr. Strawinski one

18 other time. So when they called me, I said, oh, yes, I

19 know Mr. Strawinski from one other case, prior case

20 before that, and we made contact and I agreed to help him

21 out.

22 Q When did that happen? When did that call come

23 in?

24 A Let me see. What I did for in preparation for

25 this deposition, I made a complete copy of our


1 correspondence file. And so that's what I'm referring to

2 right now, because that particular file has our sheet

3 that indicates when we basically first accepted it. The

4 date that we accepted it was 12-18-2012.

5 Q So, in response to my question about when the

6 call first came in about this case, do you have an idea?

7 A It would have been within, you know, usually,

8 it takes 24 hours, where you have to do a conflict

9 search. So it would have been within, probably, 48 hours

10 of setting this up.

11 Q So you worked with Mr. Strawinski, counsel for

12 the defendant in this case, in a prior case.

13 What can you tell me about that case?

14 A I don't recall specifically, but I believe it

15 was a slip and fall in a supermarket type of environment.

16 It was on one of the smooth floors.

17 Q Do you know about how long, prior to your

18 engagement in this matter, that that other case was?

19 A It was a long time, probably a couple of years

20 in between, a year to two years before that.

21 Q Did you go to work on this matter on the

22 18th?

23 A I'm sure we started, you know, as soon as we

24 received some materials. Then, basically, I started

25 working on that since that time. There might be -- I


1 also brought the -- we've produced one invoice that would

2 probably reflect the -- I don't have the details of that

3 invoice, but that went out. The date of it was

4 January 8, 2013. That's when we generated the first

5 invoice. It was for $968.76.

6 So that would typically be associated with my

7 initial review, looking into some of the issues that

8 would be involved in the case. So I would say, by that

9 time, we've already looked at some of the materials.

10 Q How do you characterize the issue that you're

11 looking at for this particular case?

12 A Well, I believe this is a type of a fall where

13 a person is trying to step over a rail, guardrail, that

14 is used to -- as a corral for carts.

15 Q How do you perceive your role for this in terms

16 of what you're analyzing and what kind of conclusions are

17 you asked to draw?

18 A My role in this was to basically look at the

19 accident and try to reconstruct as much of the accident

20 as I possibly could. Based upon the reconstruction of

21 that accident, also look at the issues associated with

22 this accident and to determine whether the place where

23 this incident occurred was reasonably safe.

24 Q In furtherance of that stated involvement in

25 this case, what have you reviewed in anticipation for


1 making those conclusions?

2 A I brought with me my entire file, and the way

3 that we set up these files is basically what we receive

4 from our client, okay. And what we start generating is,

5 we start generating what we call an inventory list. The

6 inventory list contains everything I obtain from my

7 client, okay?

8 Did you want me to go through that?

9 Q Yes, please. By the way, we're going to mark

10 all this as an exhibit.

11 MR. BAKER: Why don't we do that as Plaintiff's

12 2. And then I'll give it right back to you.

13 THE WITNESS: Sure.

14 (Thereupon, Exhibit 2

15 was marked for identification.)

16 BY MR. BAKER:

17 Q So what were you sent by the defendant to

18 review in this matter?

19 A We got complaint. We got deposition of Nancy

20 Brownell. We got a deposition of Joseph Ransome, plus

21 the deposition exhibits. We also got a deposition of

22 Shelton Gainey, deposition of Lydia Valley, deposition of

23 Jeffrey Gross, and then we received surveillance video,

24 and affidavit of Jason Still, and we also received

25 defendant's second supplemental response to plaintiff's


1 interrogatories.

2 Q Have you reviewed all of those?

3 A I have reviewed all of those, but not in any

4 great detail. I actually had one of the consultants that

5 works with me review most of that, most of those and

6 create preliminary highlight portions of those

7 depositions, so I can then focus more on the things that

8 would actually be related to what I was asked to do.

9 Q So is it safe to say that you have not

10 personally reviewed everything on the list, including

11 Plaintiff's Exhibit 2, yourself?

12 A I've looked at them, but I was skimming through

13 and obviously looking for highlighted portions.

14 Q I think you're saying that that is a

15 comprehensive list of everything that either you or

16 someone else in your firm reviewed, as listed on

17 Plaintiff's Exhibit 2.

18 A Correct.

19 Q So, things that are not on the list, and I'll

20 double-check these, if you'll let me know if I'm right

21 about this or not, that means that you have not reviewed

22 the deposition of Cathy Dean?

23 A That would be correct.

24 Q Brian Norris.

25 A Correct.


1 Q Malvin Carr?


3 Q Joanne Kaes, K-A-E-S?

4 A Correct.

5 Q You have not reviewed the affidavit of Janelle

6 Edwards?

7 A That would be correct?

8 Q You have not reviewed the affidavit of Frieda

9 Murray?


11 Q Thank you.

12 Going through, to set the stage for this so

13 that we can communicate regarding your work on this case

14 efficiently, hopefully, I need you to describe everything

15 that is your file in this case, please.

16 A Okay. We've already talked about the

17 correspondence file. This is a copy of my correspondence

18 file.

19 MR. BAKER: We'll mark that as Plaintiff's 3.


21 identification.)

22 THE WITNESS: I have also brought the

23 Engineering Systems invoice that was produced in

24 here.

25 MR. BAKER: Thank you. That will be


1 Plaintiff's 4.


3 identification.)

4 BY MR. BAKER:

5 Q That will be Plaintiff's 4.

6 A I have also provided my testimony, deposition

7 and trial testimony list, and it's up to date with

8 exception, there was one deposition that's missing on

9 here that was taken this Monday, and so that's not on

10 there.

11 Q Other than that case that you mentioned or that

12 deposition in that case that you've mentioned, is this

13 deposition/trial testimony list comprehensive to include

14 every case that you've worked on?

15 A No. This is just basically what we go -- I

16 think the company has a policy that we follow the federal

17 rules. So that would be something that would be in the

18 past four years.

19 MR. BAKER: Okay. We'll mark this list as

20 Plaintiff's Exhibit Number 5.


22 identification.)

23 THE WITNESS: I also brought with me a copy of

24 terms and conditions for professional services,

25 which is the typical billing and fee charge schedule


1 that we provide when we open the projects. This

2 would be what would be applicable today.

3 BY MR. BAKER:

4 Q In other words, this is the contract between

5 you and the defendant for your services?

6 A It's not really a contract, because there's no

7 signature pages, but we basically -- it's part of the

8 opening letter that gets sent. This is an updated

9 version because last year, I believe, my -- the way that

10 ESI billed me was at $275 an hour, and that went to $290

11 an hour this year.

12 MR. BAKER: The terms and conditions for

13 professional services, we'll mark as Plaintiff's 6.


15 identification.)

16 THE WITNESS: Then I have what I would refer to

17 as a work product file. Those are typically items

18 that we've either marked up or done something with

19 them to where they became part of our work product.

20 You know, one of the things, we worked with the

21 video that was provided, and we actually

22 generated -- I had our graphics department generate

23 a split screen of the incident, and it's a DVD, so

24 you can actually stick it in the television and you

25 can stop and go. It makes it a lot easier to handle


1 than the way that the video came in initially to us.

2 So that's the DVD.

3 Then I have some of the work that was done by

4 Mr. Vallon. I had Mr. Vallon go through the video

5 after we watched it, and actually document the

6 instances that we could see the area clearly of

7 roughly how many people are walking past that

8 corral.

9 From the video, obviously, it's a small sample,

10 but it was the only sample that we had. So this is

11 a four-page summary of that effort.

12 MR. BAKER: We'll mark that as Plaintiff's 7.

13 Thank you.


15 identification.)

16 THE WITNESS: Then I've previously mentioned

17 that Mr. Vallon did some deposition summaries for

18 me. These would have been the deposition summaries

19 that he generated. So we made those -- we printed

20 those out separately with the highlights that

21 Mr. Vallon made.

22 MR. BAKER: Okay. We'll make that Plaintiff's

23 8, and we'll make the DVD that you referenced

24 Plaintiff's 9.

25 (Thereupon, Exhibits 8 and 9 were marked for


1 identification.)

2 THE WITNESS: Initially, when we started

3 working on this, I wanted to get stills from the

4 camera right around the time that depicted the

5 incident happening. This was something that I asked

6 Derrick to do. So he initially provided me with

7 some of those.

8 Subsequently, I had our graphics department

9 generate the split screen DVD, from which I also, in

10 preparation for this deposition, I took the still

11 frames and they are here on the desk.

12 Now, these are in color. This is just a black

13 and white copy.

14 MR. BAKER: That will be Plaintiff's Number 10.

15

16 (Thereupon, Exhibit 10 was marked for identification.)

17 THE WITNESS: I think that's pretty much it.

18 There is just additional -- this should really go

19 with the correspondence file, because it's just

20 letting me know when Mr. Strawinski is going to be

21 arriving.

22 Then the only other thing I asked, there was a

23 reference, I believe, by the expert in the case

24 about a book by Mr. Rosen, Steven Rosen, and I'm

25 familiar with Mr. Rosen, but I wanted to just


1 refresh my memory, and so I asked my assistant,

2 Connie, to, basically, get on the Internet and print

3 me out his information and information about his

4 book.

5 BY MR. BAKER:

6 Q Okay. I don't need to mark either of those.

7 Thank you.

8 I notice that you have another file on the

9 table. What does that contain?

10 A The other file on the table, we've already

11 talked previously, that contains the materials that I've

12 received from my client. Those would be the depositions

13 that are in here. The way that it's organized is

14 basically these have -- the list has numbers on it. That

15 number will appear on the back of whatever it is. So you

16 can kind of put it together.

17 Q So it's like Plaintiff's Exhibit 2 is a list

18 that's like a table of contents, if you will, for the

19 file?

20 A I would agree with that, yes.

21 Q Is that everything that you know of?

22 A I also brought with me some of the, because of

23 the way that it was requested, a good part of my library

24 that's associated with human factors, slip and fall,

25 elderly, some of the ASTM standards that are related to


1 that, that are not necessarily specifically related to

2 it, but they form the background of my knowledge that is

3 related to this case.

4 Obviously, I brought some of the books that

5 I've used in the past in cases. One of them the Human

6 Factors Design Handbook, which was part of my Ph.D.

7 curriculum. The other one is the Measure of Man and

8 Woman. The other one is Handbook of Human Factors.

9 And then I also brought with me, because those

10 are publications, one of the publications that I did was

11 the -- was my Ph.D. dissertation, manual, which was --

12 actually, what I did is when I was going for my Ph.D.

13 dissertation, I requested the college whether I could

14 submit my dissertation also to American Society of

15 Testing and Materials for publication, because I wanted

16 it to be something that would be of value and wouldn't

17 just sit on somebody's college shelf.

18 So they -- I was granted the permission to do

19 that. So I not only had to defend my dissertation in

20 front of the college faculty, but I had to defend it in

21 the group of ASTM professionals that were in the

22 committee. So that manual got then peer reviewed, and it

23 got accepted for publication by American Society of

24 Testing and Materials, was accepted into Library of

25 congress. Later on, it was also -- I was requested to


1 help with translating it to Japanese, spent some time in

2 Korea and Japan, got it translated into Japanese?

3 And then there's also a second edition of that

4 manual that I brought with me, and we're currently

5 working on the third edition.

6 That's pretty much, the book has pretty much

7 launched my career, because the method that I used in

8 there was also adapted, and I was requested by the

9 Department of Defense, Navy, Air Force and the Army to

10 help them standardize their methodologies based on that

11 book, and I ended up training a lot of the preventive

12 medicine teams that were deployed into Iraq and

13 Afghanistan.

14 Q The name of that manual one more time is?

15 A It's Technical Aspects of Phase I and II

16 Environmental Site Assessments.

17 Q I see that you have the photographs that you

18 referenced earlier, in terms of the split screen, still

19 photos laid out on the conference room table.

20 Would you explain to me what you have there?

21 A Yes. Altogether, this is taken out of the

22 video and I basically have -- there is 52 individual

23 photographs that depict the subject incident before it --

24 as it occurred, before until, basically, the lady is on

25 the floor, and I basically analyzed the individual


1 frames, and of particular -- I've hand numbered each of

2 these photographs, so we can refer to them by numbers.

3 The photograph numbers that are probably the

4 most significant would be starting with 21 through 36,

5 which are the ones that are now laying here on the table

6 most visible, and probably the ones that we'll be talking

7 about.

8 Q For purposes of reference and ease of

9 understanding what we're talking about later, why don't

10 we just say that there will be a cumulative exhibit of

11 all of the photographs that we're looking at here on the

12 table, which would be known as Plaintiff's Exhibit 11.

13 We can gather those together in a moment and

14 label them.

15 A Sure.

16 (Thereupon, Exhibit 12 was marked for identification.)

17 BY MR. BAKER:

18 Q You also have some handwritten notes in front

19 of you. I don't want that to be part of Plaintiff's

20 Exhibit 11. That will need to be a separate exhibit.

21 In terms of Plaintiff's Exhibit 11, which are

22 these photographs that are numbered, will you please take

23 me through what you see there?

24 A Yeah. Basically, what we're looking, and

25 starting with 21 and going to 22, 23, those are depicting


1 where the plaintiff is actually walking forward. So you

2 can see, if you compare and lay them side by side with

3 reference to where the fixed items are in the

4 photographs, you can see that she is progressing in a

5 forward motion, and she is actually walking into the

6 corral that is used for the carts, shopping carts.

7 Now, just as a background, each of the split

8 screens has one view that's from further away, and the

9 other side of the screen is a closeup view of the same

10 frame.

11 Q Are you saying that you used some graphic

12 software, for instance, to zoom in, so to speak, on the

13 video?

14 A Well, it's not necessarily a software. It's

15 basically taking the original screen shot, and then

16 taking a portion of that screen shot and reinserting it

17 into another screen shot, so that we can basically

18 cut -- we've cut out all of the extraneous part of the

19 video, and were able to focus on what's important to us.

20 It's -- nothing new has been generated. It's

21 just manipulating the photographs to where you only take

22 a section of the photographs and then reinsert it into

23 another screen shot that you can then play through the

24 DVD. That's what the DVD is all about.

25 Q Okay. After going through that process on this


1 particular case, what did you find?

2 A Well, what I found, as we were going through,

3 all the way through 23, then we get into the split screen

4 shot numbered 24, and, at that point, the lady is

5 stopped, and is not significantly moving. That goes all

6 the way from frame 24 through 30.

7 Now, there's typically on here, you've got two

8 screen shots per second. So you can start putting it

9 into perspective of how long these -- how long it takes

10 between these events.

11 So we've covered all the way through the screen

12 shot of 30. Then if we get into screen shot 31, which is

13 over here, we can see where the lady is now starting to

14 back out. The way that you can see the motions is

15 because you look where her body is positioned with

16 respect to, like, the door frames.

17 So, for example, what we're seeing in screen

18 number 30, the head of the lady is just past the door

19 frame. In shot number 31, that door frame is no longer

20 visible, so she's now starting to move backwards.

21 So it shows me that, between this frame and

22 that frame, the lady started to back out.

23 In the screen 32, what we see is that she

24 backed out almost all the way out of the corral, and she

25 turns her body and positions it, and now is facing


1 towards the door.

2 In screen number 33, she completes that turn,

3 and in screen number 34, she steps with her left leg,

4 plants her left leg forward, and then there was a weight

5 shift that's, from observing the hips, that there is a

6 weight shift onto that left leg, and there is a right,

7 beginning of right leg lift, and that right leg lift

8 continues with the body being still in a stable position,

9 to where you can see that she is actually stepping over

10 the rail with her toe, just about making it over. It's

11 the toe that catches the top of the rail, that then

12 causes her to fall forward, which, in frame 37, she is

13 already on the ground.

14 Q So just so I understand, you've captured many

15 frames of very slight movements within a very short

16 period of time; is that accurate?

17 A Every available frame that I have, I've

18 captured. I didn't select one or two. I have captured

19 every frame, consecutive frame that was available to me

20 from the security video camera.

21 Q Why did you do that?

22 A Because this technique I've used before, and

23 it's used in accident reconstruction, because you want to

24 see the body position. And what it helped me to

25 determine is trying to fit the story that she provided


1 and determine whether -- what she's doing and what she's

2 seeing.

3 The fact that we have a person going into the

4 corral, depositing the cart, and then backing out of the

5 corral tells me that she knew that the corral was there.

6 The reason why I say that is because if a normal person,

7 if they were -- if we were to assume that she forgot that

8 the corral was there, she would have used the cart, and

9 then turns towards the exit, and goes towards the exit.

10 She wouldn't have any need to back out.

11 So that's the first part of that analysis. The

12 second part of that analysis is that when people walk,

13 and you can see it on some of the other frames that

14 basically captured her approaching that corral, which I

15 also have, but we didn't specifically discuss, but you

16 can see, when people are walking, they lift their feet,

17 and during the swing, they, you know, their toe may be

18 around a couple inches off the floor, okay. You do not

19 lift your feet 10, 12 inches.

20 In our video, we can see, particularly in the

21 35, 36, we can see her lifting her toes while her body is

22 still stable on her right leg, lifting her foot

23 significantly higher to clear the barrier. That tells me

24 that she, although she may not remember that, she must

25 have known that the barrier was there and tried to clear


1 it.

2 Q Okay. When you say that a foot lift for

3 someone taking a step, let's make sure that we're using

4 the right context here.

5 Is this just any person, there's not any

6 particular human factors involved in this particular

7 hypothetical of what a human step is?

8 A No. I mean, I've studied it. In fact, some of

9 the latest -- the paper that I just presented to ASTM

10 committee of publication was kind of informal, but we did

11 some research on the kind of documented, and using the

12 high-speed video, on how a person like myself walks, and

13 how far it lifts.

14 Then there are numerous -- you know, obviously,

15 the older you yet, you're actually -- the older -- when

16 people get older and have problems with ambulation, they

17 lift -- typically, lift their feet a lot less, okay?

18 That is, you know, we call it here in Florida,

19 we call it the 80-year-old shuffle. You shuffle your

20 feet more so than lifting your feet.

21 So, in order for somebody to lift their foot

22 10 inches or so, they must be consciously trying to clear

23 an obstruction.

24 Q Now, in terms of the research that you

25 submitted to ASTM on walking and height of steps, et


1 cetera, where do you get your information on that

2 subject?

3 A My information on that subject is there is a

4 lot of the papers that were published that I brought with

5 me that talk about elderly and ambulation of the elderly,

6 where they've actually studied people, we've actually

7 done -- have videoed, because a part of when we were --

8 when ASTM was first developing -- in 1995 was the first

9 time that we published the standard for safe walking

10 surfaces.

11 We, and a lot of other researchers, knew that

12 elevation changes can present a tripping hazard. In

13 order for people and for our standardization committee to

14 establish what was reasonably safe, we had to study how

15 people lift their feet, and based upon that, establish

16 some elevation changes.

17 It was generally consensus of the research

18 community and people who dealt with these issues that if

19 you have an elevation change that's quarter of an inch,

20 it's not unreasonably dangerous. Can people still trip

21 on it? Absolutely. They've had cases where people trip

22 on absolutely perfectly flat floors. In fact, some of

23 the work that I did, the Lee County Memorial Hospital and

24 with the State of Florida, we were looking at safety of

25 floors in hospitals, because we were having people


1 falling on perfectly flat floors, and had to do with, you

2 know, how coefficient of friction is utilized and how

3 well people ambulate when they're elderly.

4 So, yes, the quarter of an inch can be a

5 tripping hazard, but by all the research, it was

6 considered that it's not unreasonable.

7 Once you get over the quarter of an inch, there

8 are instances where people may start catching it more

9 often with their toe. So anywhere between quarter to

10 half of an inch, we decided that that elevation change

11 should be ramped or the edge should be taken off.

12 So you've got to bevel that elevation change,

13 but with that beveling, the elevation differences between

14 two walking surfaces, up to half an inch, were considered

15 reasonably safe.

16 Now, if you've got an elevation change that's

17 over a half an inch, that's when you need to go into a

18 ramped surface and transition the two adjacent walking

19 surfaces with a ramp.

20 Q You know that Jeff Gross talked about the ASTM

21 as it applied to this situation, because you read his

22 deposition, right?

23 A Did I? Yeah, I think so. But you know what,

24 it doesn't appear on our list. We've got it, yeah.

25 We've got it.


1 As a matter of fact, I did make -- let me just

2 -- give me a second.

3 Q Sure.

4 A I think I made a notation on that standard. I

5 didn't want to mislead you because we might have to mark

6 that because it's got some highlighting on that. I

7 recall that right now.

8 Yes, I looked at that particular standard, yes.

9 Q Do you agree with his use of the ASTM standard

10 that he discussed in his deposition testimony?

11 A No, I don't. And the reason for that is for a

12 number of reasons.

13 Number one, he considers this an elevation

14 change. This is not -- because the rail is not an

15 intended walking surface, I would disagree with that.

16 There is nowhere in the standard that it talks about that

17 kind of an obstruction.

18 The other part that I notice is that he

19 actually mentions and put a check in where he tries to

20 imply or the way that he understands the standard, says

21 that the walking surface hardware within foreseeable

22 pedestrian paths shall be maintained flush with the

23 surrounding surfaces.

24 It was my understanding that he considers this

25 walking surface hardware. I clearly disagree with that,


1 because if you go back to that same standard that he

2 used, now, since that time, there has been multiple other

3 versions of the standards. So we're working with a

4 standard that's no longer valid, but I think,

5 essentially, all of the information is similar.

6 So I'm not critical of him for particularly

7 using this standard, but what I'm critical of him using

8 is that in that standard, in the standard that he used,

9 under section 3.1.13, the walkway surface hardware is

10 defined. We did that on the committee because we wanted

11 to make sure that people didn't just take anything and

12 said, you know, oh, this is somewhere near the floor, so

13 it's surface hardware, walkway surface hardware.

14 So we especially included this definition

15 through the consensus process that went into developing

16 the standards. It says it includes manhole covers,

17 cellar doors used as walking surfaces, junction box

18 covers, cleanout covers, hatches, sidewalk elevator

19 covers, sewer grates, utility covers and similar elements

20 that pedestrian can reasonably be expected to walk on.

21 So, for me, it is unreasonable to expect for

22 somebody to be walking on top of that rail.

23 Now, you're not going to stop probably some

24 kids from using it and walking on it, but I wouldn't

25 expect a mature lady to be trying to walk on that. It's


1 obviously not intended as a walking surface.

2 So, in a lot of ways, I just don't see how any

3 portion of this standard is applicable to this particular

4 case.

5 Q Now, your involvement with writing the

6 standards that we're discussing is what, again?

7 A Well, ASTM, I am involved heavily with ASTM.

8 ASTM is the oldest standard writing organization and the

9 largest in the world, okay. They've been producing

10 standards over 100 years.

11 In fact, their standards are accepted now

12 worldwide, and that's why it used to be called American

13 Society of Testing and Materials, and now they are just

14 using ASTM, changed their name to ASTM International,

15 because the standards are accepted internationally.

16 Now, what ASTM does, and which makes the

17 standards very strong and very unique to most other

18 industry standards, is that they use a consensus process.

19 So if anybody has any interest in developing a standard

20 or in participating in development of the standard, they

21 join ASTM, and they request membership on that committee.

22 The way that the committees, when you become a

23 member, they decide whether you're going to be a user or

24 a producer. You get categorized into those.

25 So, for example, somebody, an institution that


1 would be using that standard, okay, would be considered a

2 user, okay. So, for example, the -- for the safe walking

3 surfaces, the person that would be -- that would have to

4 follow these standards, okay, would be your typical

5 shopping centers or property owners and everything else.

6 Now, the producers are the ones that are

7 produced -- producing that and involved in developing

8 what the minimum criteria are going to be. So all of the

9 consultants would be considered the producers.

10 They're -- in the bylaws of the society, there's got to

11 be always one more user than there is producers when you

12 have voting, so that, basically, we could create

13 standards if us consultants decided, and we're going to

14 make the standard, and the world has got to be absolutely

15 flat, and there's going to be no deviation. Well, nobody

16 could use that standard and comply with it.

17 So the ASTM creates a forum to where the users

18 and producers come together, work on developing the

19 standard. They have to do it based on sound scientific

20 basis. Then they go through a voting system, and every

21 negative, if you vote that you don't dis -- that you

22 disagree with a certain part of the standard, that all

23 has to be addressed, and it's a long process. Many of

24 these standards take, you know, two, three years to get

25 developed.


1 Q What committee were you on?

2 A This particular standard, I'm on a number of

3 committees, but this particular committee is the F13

4 committee on safety of traction for footwear, which is

5 the -- and particularly the F13.50, which is the traction

6 committee.

7 Q So you didn't personally write the ASTM rules

8 that we've been talking about today?

9 A No, but I participated in the standards

10 development through this consensus process through where,

11 you know, you vote on things. And I have been, you know,

12 once you're there and working on it, you get a voting

13 membership and you're then allowed to vote on these.

14 Q Did you ever have any votes that pertained to

15 either of the sections that you just read?

16 A Yeah. I mean, the whole standard, first, it

17 has to get developed. So it has to get written. There

18 is a back and forth between people who actually structure

19 the sentences.

20 And so then it goes in front of the

21 subcommittee. The subcommittee, once they approve the

22 language, then it goes in front of the entire F13

23 committee, and goes through that process.

24 Q So the F13 committee produced the standards

25 that you're referencing here when, what year?


1 A This one, the initial one was produced in 1995.

2 There were some subsequential revisions that were done

3 in -- I know one was in '02. Another one was, I believe,

4 was '07. The latest one that I have right now, I believe

5 it's '09.

6 Q So you were on the F13 committee in '95; is

7 that correct?

8 A I believe so, yes.

9 Q How would you confirm or deny that, if you had

10 to?

11 A The best way that I would look at is, I've been

12 part of ASTM, even when I was working with Parker Seals.

13 So I've been on those -- at that time, I was involved in

14 some of the standards development, and then when I

15 started working with Breen & Associates, I wanted to make

16 sure that I was on the committees that dealt with safe

17 walkway surfaces, so I don't know whether there's any

18 rosters that are leftover from that time. There may be.

19 Q Would those rosters be in your possession or

20 ASTM's possession?

21 A I don't know. I certainly don't have them, but

22 there may be some available. The current rosters are

23 typically available at ASTM, but I don't know whether

24 they have any historical rosters.

25 Q Based upon that, is it fair to say that you


1 don't specifically recall whether you were involved in

2 the F13 committee in 1995?

3 A I think I was, but I don't have any specific

4 recollection of exactly being in there. I remember

5 seeing the standards, the drafts of the standards being

6 passed around, but I, you know, I can't say yes or no.

7 Q Is it the same answer with regard to the 2002

8 revision? Can you say specifically whether or not --

9 A Oh, yeah. The latest, last few revisions, I

10 was definitely involved in. I recall being at the

11 committee meetings in discussions, having discussions on

12 these, and also going over the developing process.

13 I might have some of those, because we were

14 going through revisions. At one point in the standard,

15 there was a discussion about the color code associated

16 with warning, and we needed to change the standard to be

17 consistent with some of the ANSI color code.

18 Q The specific ASTM standards that Jeff Gross

19 mentioned, and that you were just discussing as well,

20 will you restate those numbers of those standards so that

21 I can make note?

22 A Yes. The standard that we're dealing with over

23 here is F1637-95. Let me be very specific on the years

24 that there were revisions associated with that.

25 There is F1637-09 revision. There is also


1 F1637-02 revision. And then we've got the '95, and some

2 of these items, actually, I've got even some voting

3 correspondence on the standards, when we were talking

4 about some of the ANSI color coding and some of the

5 correspondence that went back and forth.

6 Q So Jeff Gross, was he talking about ASTM

7 standard section 5 or 5.1 when he was talking about

8 walking surface hardware?

9 A Yes.

10 Q I just want to be able to cite to the right

11 number of the ASTM.

12 A Yes.

13 Q Okay.

14 A He was talking about -- I believe he was

15 talking about the walking surface hardware, and the

16 walking surface hardware is actually defined on page 1 of

17 that same standard.

18 Q What is that standard?

19 A Same, it's the same standard, but the section

20 that I read into the record previously is section 3.1.13.

21 Q Okay. That has to do with the hardware.

22 And then the quarter inch rule that you were

23 talking about, what is that?

24 A Yes. The quarter inch rule basically begins

25 under section 4.2, walkway changes in level, and then it


1 goes through. It actually has a figure at the bottom of

2 page 2 that explains it further.

3 By the way, you know, this quarter inch and the

4 transitioning of the walkway surfaces, since the

5 publication of the standards, and if you'll look at the

6 codes, current codes now, like, for example, Florida

7 building codes and some of the life safety codes, they've

8 pretty much adopted the same elevation transition

9 changes.

10 This standard is strictly a voluntary document.

11 There is no such thing as violating the standard, okay,

12 but there is no enforcement. It didn't become part of

13 federal law, but what happened was that a lot of the

14 codes, which are now enforceable, have basically adapted

15 the same language, same type of elevation change

16 language.

17 They didn't actually quote the standards

18 because these are copyrighted. So they couldn't use

19 these standards.

20 Q Like municipalities, for instance, may have

21 adopted these codes or something close to it, for

22 instance?

23 A Yes. They adopt the elevation change language

24 from here into their own codes, but they write it their

25 own way so that, you know, they're not basically making


1 copyright infringements.

2 Q Let's be straightforward. You think Jeff Gross

3 is wrong when he references ASTM 3.1.13 and the quarter

4 inch rule in section 4.2 with regard to this case?

5 A Correct. And I explained why.

6 Q Okay. Since you do not think that those code

7 sections of the ASTM do apply to this situation, in

8 making the determination of whether the K Mart was

9 reasonably safe, can you tell me some of the standards,

10 if any, that you know of that do apply.

11 A Well, I don't know of any that would prohibit

12 this guardrail part of the corral being there. You know,

13 can you -- are there safer ways of doing it? Yes, there

14 are. You can always make certain things safer, but is

15 this a violation of any codes? Not that I can see.

16 Is it unreasonably dangerous? I just don't see

17 it. I don't see evidence to support that.

18 Q Have you ever seen a rail, like the one in this

19 case, located near the exit of a large retailer before?

20 A You know, I haven't done a state of the art

21 study. So, no, I don't see -- I don't recall any, but I

22 haven't done that study.

23 Q Did that strike you as unusual when you began

24 this study, in that you had never before seen a system

25 for cart containment quite like this?


1 A Well, I never -- I didn't say that I've never

2 seen it. I just don't recall it, and I really didn't do

3 much analysis into whether this was, at the time that

4 this particular store was built, whether that was an

5 acceptable and common practice.

6 Q You said that you attempted to reconstruct the

7 event of Lydia Valley's trip and fall; is that accurate?

8 A Correct.

9 Q Besides the manipulation of the video stills

10 that we went through, what other tools did you use to try

11 to reconstruct the event?

12 A Actually, those were the ones, because we were

13 fortunate that it was captured on a video. So what I did

14 was just made the -- produced still shots from the video

15 so that you can look at them, and the jury can look at

16 them in a sequential manner, and they can see how that

17 person is moving, what their body position is, just

18 comparing one still next to each other, and being able to

19 do that in a fashion where we don't have to be watching

20 it on a TV screen.

21 Q Did you fashion any type of exemplar or

22 construct of the rail itself?

23 A No.

24 Q Now, have you had a chance or were you asked to

25 or did you do a site inspection of where this happened at


1 the Athens K Mart?

2 A No, I did not. From dimensional perspective, I

3 basically used some of the photographs that were provided

4 to me, and many of them were, in fact, by your expert.

5 Those photographs have tape measures in them, so I can

6 see how, basically, big the obstruction was.

7 I also am aware of the fact that, basically,

8 the scene has changed since the incident. At least a

9 portion of that rail has been removed and is no longer

10 there.

11 Q Do you have any plans for doing anything else,

12 whether it's building an exemplar or something like that

13 before trial?

14 A At this point, no, unless some new evidence

15 arises that would show me or prove to me that I'm wrong.

16 Q So what do you have to tell a jury at trial in

17 this case?

18 A Well, exactly what we went through over here.

19 What I'm going to tell the jury is what my belief is,

20 what my opinions are, but then I'm going to take them

21 through these series of photographs, and I'm going to

22 tell them, ladies and gentlemen of the jury, you decide.

23 Just -- this is something that, if you follow the

24 methodology that I followed, you will be able to see, I

25 believe, that the opinion that I have is correct.


1 The only other thing that I would be telling

2 the jury is that this, indeed, is not an elevation

3 change, and I would use the standard F1637 and the

4 definitions that are within the standard to demonstrate

5 some of those points.

6 Q Now, you said that you would tell the jury

7 about your opinion. I know you've already -- I'm not

8 trying to get you to be repetitive. I'm really not.

9 A Sure.

10 Q Once again, that opinion that you would give

11 the jury, upon review of the photos and such, would be

12 what?

13 A Would be that clearly, if we look at the

14 stills, what we'll see is that the lady approaches and

15 aims her cart into the cart corral. She enters the

16 corral. And, at that point, where she stopped, she

17 doesn't simply turn towards the door and walk out, but

18 she actually backs out.

19 And that tells me that she was aware that she

20 needed to back out of that corral.

21 So it is my opinion that she was aware that it

22 was there, and she knew that it was there. That's why

23 she backs out.

24 After she backs out and she turns towards the

25 exit, she then proceeds to take a step, and realizes that


1 she's too close, and instead of backing up, she actually

2 lifts her leg and tries to step over the barrier. And,

3 again, that, to me, is a clear indication that she knew

4 that that hazard was there, and that she needed to get

5 over it.

6 Now, she almost made it, but tripped on the tip

7 of it.

8 Q All right. So it sounds like your opinion is

9 that -- I think you said that she knew it was there. Is

10 that what --

11 A Yes.

12 Q And that you're going to base that on the fact

13 that she aimed her cart at the corral, that once she put

14 her cart in the corral, you say she backed out, and that

15 the lifting, the amount of the lifting of her leg all

16 contribute to that conclusion?

17 MR. STRAWINSKI: Objection to the form.

18 Misstates prior testimony.

19 THE WITNESS: It's all part of it. It's the

20 sequence of events.

21 The first thing, if a person doesn't know that

22 something is there, they're going to do that, what I

23 would expect her -- if she didn't know about it, I

24 would have expected that when she put the cart in,

25 she turns towards the exit, and she does, basically,


1 has her fall right there, because she would come and

2 she would get hooked up with probably both feet on

3 that corral, and so she would, basically, be falling

4 forward.

5 That doesn't happen. We actually have her

6 backing out, and we have her then turning, her body

7 position completely turns, and then the next thing,

8 she even takes a step. Now, where her right leg is

9 positioned at the edge of that corral, where her

10 left leg is positioned at the end of the corral, and

11 her right leg now, she realizes that she needs to

12 clear that obstruction to step over it. So she

13 lifts her legs so high to clear it, and that all

14 happens when her body is in straight -- she's not

15 falling. Her center of gravity is over her feet at

16 that position.

17 If she was already falling, her center of

18 gravity would be moving forward, and she would be

19 leaning towards the door. And we don't see that in

20 any of the still shots until after the leg lift.

21 BY MR. BAKER:

22 Q Would it have assisted your reconstruction to

23 have any different camera angles or viewpoints than you

24 had?

25 A Oh, sure. I mean, better quality video camera


1 would have additional angles. You know, the more

2 information you have in any case, it's always good to

3 have more.

4 Q I take it you did the best you could with what

5 you had?

6 A Yes, that's always the case. I had a very

7 similar case that went to trial last year. I can

8 probably point it out to you in the testimony list.

9 We had, again, security video, and there was a

10 trip at the doorway. We had -- at that point, we had, I

11 think, four different cameras that actually captured the

12 event. We were trying to reconstruct it, but the quality

13 wasn't as good as it is here, but -- so you always take

14 whatever you can get.

15 Q You've given a presentation previously on human

16 factors of slip and fall. That was actually with regard

17 to senior citizens back in 1998.

18 Did you apply any human factors in your

19 analysis of this particular case?

20 A Yes, absolutely. The human factors that would

21 be applied as just understanding the ambulation process

22 with respect to safety and how that particular person is

23 standing, you know, how is the weight distributed over

24 the feet, the height of the step, that's all human

25 factors.


1 Obviously, any of the -- when I was analyzing

2 the standard, a lot of the standard is related to human

3 factors and people ambulating, and we've already talked

4 about those elevation changes.

5 Q Ambulation, does that just mean movement?

6 A Yeah, it's human movement. It's a complex

7 system, so it would be how humans ambulate and how they

8 walk, basically, how they transfer weight, how they avoid

9 obstacles.

10 Q Did you take into account any particulars with

11 regard to this particular plaintiff, Lydia Valley,

12 whatever those might be -- whether it was her height,

13 weight, anything like that?

14 A Well, I considered it. I mean, I believe your

15 expert testified or had her height at around five foot

16 one. So she's relatively short. She appears to be, you

17 know, in pretty good condition.

18 When she was walking, she didn't show any signs

19 of physical disabilities in terms of gait, so I think she

20 was just your normal, nice little lady.

21 Q What is the basis of your general knowledge

22 with regard to ambulation in cases like this? Are there

23 some materials that you can reference?

24 A Obviously, you know, the -- some of the stuff

25 from when I was still studying for my Ph.D., the Human


1 Factors Design Handbook, it's got a lot of good stuff

2 that is based on actual peer-reviewed research.

3 So, you know, certain portions of it, I would

4 definitely consider authoritative. Certain portions of

5 that are beyond my expertise. I can't opine on that.

6 Obviously, over the years, I have been

7 collecting a lot of the research, peer-reviewed type of

8 papers that were published in literature about human

9 ambulations and some of that that was published. All of

10 those, I brought with me, but there are obviously a lot

11 of -- and there is a lot of material out there.

12 Q Now, some of the conclusions that it seemed

13 like you made with regard to what you saw in the still

14 photographs struck me as you just using your perception

15 to make these conclusions, but let me be sure.

16 When you say that she had a weight shift of one

17 kind or another --

18 A Yeah.

19 Q -- are there some parameters of -- are there

20 some reference materials that you can say that you

21 applied in coming to that conclusion or is that something

22 that you just saw?

23 A No. There's -- those would be some of the

24 ambulation research, Jacquelin Perry would be one of

25 those that published a lot of work on it. I would really


1 have to look at it, but based on those studies of how

2 people walk, and how they take steps and what kind of

3 weight transfer occurs during those events, if you then

4 take that research, and you look at the position of the

5 body, I can then explain to the jury what they're seeing.

6 And when I say that there is a weight shift, I

7 can demonstrate through that video what I'm talking

8 about, and what I'll say is, look at the lines, that

9 would be the lines of her body, where her hips are

10 positioned, and in order for you to do that, you're going

11 to have a weight shift.

12 Now, obviously, if you lift your right foot,

13 your weight has to be on your left foot, because that

14 right foot is now unweighted and your left foot is

15 carrying all of your weight.

16 Q So is there anything -- okay. That was a

17 general description. I appreciate that in terms of what

18 you have learned over the course of your career in terms

19 of ambulation and things.

20 Is there anything, as we sit here today, that

21 you can say, hey, this is a section in a peer-reviewed

22 manual that I've applied to this particular case

23 regarding ambulation?

24 A You know, there are sections of some of the --

25 in some of the papers that I have, and I can certainly


1 probably, within a few minutes, identify where some of

2 that research would be applicable.

3 Q Well, that would be fine. As long as it is

4 something that you -- I'm asking what you actually looked

5 at for this case.

6 A It's in my head.

7 Q Okay.

8 A But it's based on all the years of research

9 that I have done.

10 Q If you think that there is something with

11 regard to the ambulation aspects of human factors that we

12 talked about in terms of the weight shifting and the leg

13 lifting and such that you could find pretty quickly --

14 A Yes.

15 Q -- I would appreciate that.

16 A Okay. Can we take a few minute break?

17 Q Yes. Thank you.

18 (Thereupon, a short break was taken.)

19 THE WITNESS: The most applicable one that I

20 could find that relates to this is a book by Gait

21 Analysis, Normal and Pathological Function by

22 Jacquelin Perry.

23 In particular, there's sections where they

24 discuss the gait cycle, and I have -- a number of

25 times, I have used portions of this book, and I have


1 those.

2 And then the other one that would be the most

3 significant is a third edition Gait Analysis and

4 Introduction by Michael W. Whittle, W-H-I-T-T-L-E.

5 BY MR. BAKER:

6 Q So you are relying on the peer-reviewed

7 theories of both Ms. Perry and Whittle in arriving at

8 your conclusion; is that correct?

9 MR. STRAWINSKI: Objection to the form, the use

10 of the word "theory." I don't believe he's

11 testified they were theories.

12 THE WITNESS: This is generally -- both of

13 these individuals are recognized in the gait

14 analysis field as having done significant amount of

15 research that contributed to better understanding of

16 the science of walking.

17 BY MR. BAKER:

18 Q Do you agree with what is included in Gait

19 Analysis by Jacquelin Perry?

20 A Yes, generally. I don't have a reason to argue

21 with it. Most of it, it just presents some of the

22 results of her research in these books.

23 Q You said generally you agree with it.

24 Can you think of any specific disagreements you

25 have with anything in that Gait Analysis?


1 A No.

2 Q Same with Gait Analysis by Whittle, do you

3 disagree with anything in that literature?

4 A No. Particularly, the sections that I have.

5 Q What sections do you have?

6 A I basically have selected sections of the book

7 that -- the best way -- I'm trying to see the best way to

8 describe it, I guess would be to do it by pages. That

9 would be roughly starting with 46. That deals with gait

10 analysis and continues all the way through, I believe

11 it's page 79.

12 Q Is that Gait Analysis by Perry or Whittle? I'm

13 sorry.

14 A This one is by Whittle.

15 Q 46 through 79?

16 A Correct.

17 Q Can we mark that as an exhibit. We can get a

18 copy of it.

19 A And then mark it.

20 Q Yes, that would be fine.

21 A I don't want to mark up these documents

22 necessarily.

23 MR. BAKER: So the Gait Analysis by Whittle,

24 pages 46 through 79, will be Plaintiff's 11.



1 identification.)

2 BY MR. BAKER:

3 Q Is there a particular section of the Perry Gait

4 Analysis that you wanted to rely upon or would it be the

5 whole thing?

6 A Again, it's sections. I think we've got --

7 MR. STRAWINSKI: I'll note that you've already

8 used Exhibit Number 11 for the cumulative exhibit

9 for photographs.

10 THE WITNESS: That's 12 now.

11 MR. BAKER: Thank you for that correction.

12 It's actually Plainitff's 12, which is Gait Analysis

13 by Whittle, pages 46 through 79.

14 It will be Plaintiff's Exhibit 13, which will

15 be Perry's Gait Analysis.

16 (Thereupon, Exhibit 13

17 was marked for identification.)

18 BY MR. BAKER:

19 Q What pages did you get out of Perry's?

20 A Well, it's kind of -- there was 4 through 7,

21 and then there was part of chapter 2, that would be, I

22 guess, 9, 10, 11, 12, 13, 14, 15, 16. Those are the key.

23 And then there's also motion analysis, page 363, and some

24 of the -- some separate pages that are out of Jacquelin

25 Perry's book that I've used as court exhibits. So those


1 are extra pages.

2 Q Thank you. Each page that you mentioned from

3 the Perry Gait Analysis will be, I think you said

4 Plaintiff's Exhibit 13.

5 A Did you want me to include the exhibits that --

6 I mean, they're from the book. They were just made into

7 an exhibit, actually.

8 Q Oh, you're saying that --

9 A The figure is from the book, but they've

10 basically taken all of the Perry information out, so it

11 would be for ease of explanation to the jury.

12 Q Well, that makes sense.

13 In other words, all I'm trying to establish is

14 what you have personally relied upon in coming to your

15 conclusions.

16 A Sure.

17 Q If that is part of it, I think we should

18 include it.

19 A No problem.

20 Q Okay. In terms of human factors, is there any

21 other literature or information upon which you relied in

22 reaching your conclusions?

23 A In terms of specifics, like we were talking

24 about over here, I think these are the most relevant

25 ones, probably the ones that I would most likely use if I


1 had to explain things to the jury.

2 Q All right. You mentioned the weight shift, and

3 you mentioned the lift in the gait or the gait analysis.

4 So we've covered that.

5 A Correct.

6 Q You have also mentioned something about her

7 aiming her cart at the corral before she entered it.

8 I assume that there's something significant

9 about that.

10 A Well, the only significance of it is it wasn't

11 a direct line that she took. She had to go around the

12 corner, relocate herself, aim at the corral, and

13 basically put her cart into that corral.

14 So it's a matter of not just walking in a

15 straight line, it involves a combination of going around

16 a curve and also walking the cart.

17 Q And you've mentioned all of that because --

18 A It's --

19 MR. STRAWINSKI: I haven't heard the question

20 yet. All he said is you've mentioned all of that

21 because.

22 BY MR. BAKER:

23 Q What was the reason that you've mentioned all

24 of that?

25 MR. STRAWINSKI: Okay. Now we have a question.


1 THE WITNESS: Because a lot of what people do

2 is, basically, we don't necessarily look at our feet

3 when we're walking, okay. And we use peripheral

4 vision to kind of guide our way that we look at

5 things, and if something in our peripheral vision

6 catches our attention, then we're going to be paying

7 more attention to that than we are actually going to

8 focus on that particular hazard.

9 And what I'm seeing with -- from the video, I

10 can't tell you exactly what she was looking at,

11 whether she was looking up or down. It's just

12 insufficient, you know, the quality of the videotape

13 doesn't show me the exact position of her head and

14 whether she's tilting her head, because a lot of

15 times the eye movement, you can keep your head

16 steady, but the eyes can see something, but she had

17 no problem negotiating that curve and getting into

18 the corral.

19 That tells me that she had enough cues from her

20 environment to walk that path in a safe manner.

21 BY MR. BAKER:

22 Q Are you assuming that the only cue that she had

23 would be that rail?

24 A No, there's numerous cues. There's going to be

25 where the edge of the counter is. There's going to be


1 the division between the black and white on the floor.

2 There's going to be other carts that are already in the

3 corral.

4 So all of those are things that she's

5 processing and she manages to do just fine without an

6 incident.

7 Q Would it have been easier to see the rail in

8 question in this case or the counter?

9 A It depends where she looks, but the counter is

10 obviously a lot bigger than the rails, so she could have

11 been aware, but I don't know anything beyond that. I

12 mean, I don't know if -- which she would have been more

13 aware of, and what would have been easier for her.

14 Q I'm speaking in general terms. Did it matter

15 that not just, for instance, that the counter was bigger,

16 but that it was higher?

17 A Oh, yeah. People will typically see things

18 that are closer to their face. Something that would be

19 blocking your face or would be in your standard cone of

20 vision, yeah. You'll probably see that and recognize

21 that faster than you would something that is further out

22 in your peripheral. So anything that is taller or

23 anything that is bigger, you're probably going to

24 recognize what it is faster than if the object is smaller

25 or if it's not visually distinguished from the


1 background.

2 Q Based on that analysis, wouldn't the carts

3 inside the corral generally also be easier to see based

4 on the fact that they were higher than the rail?

5 A Yes, I would think that you could see those

6 carts in there as being there in the corral.

7 Q No, that's not what I'm asking.

8 I'm asking you to compare whether it would be

9 easier to see something 10 inches off the ground, like

10 the rail, or easier to see a cart that was up higher.

11 A You know, is it more recognizable, probably.

12 But it all depends where that person looked. If she's

13 looking and she looks down and focuses on the rail, it's

14 going to be easier for her to recognize the rail than it

15 is going to be to recognize the counter.

16 Q What if someone were looking generally straight

17 ahead -- I'm sorry if I interrupted you.

18 A Sure.

19 Q What if someone were generally looking straight

20 ahead and not down in this situation?

21 A Straight ahead, again, as you're approaching

22 something, in your peripheral vision, you're going to

23 first see it.

24 Now, if it's not in your way, you pretty much

25 are just going to continue in there. So you may not even


1 pay any attention to it.

2 Q Hypothetically, if Lydia Valley were looking

3 straight ahead, it would have been easier for her to see

4 the customer service counter than the low rail?


6 Hypothetical. Not giving enough facts for the

7 witness to formulate a response.

8 Do you want me to say it again?

9 MR. BAKER: Yes.

10 MR. STRAWINSKI: I object to the form of the

11 question on the grounds that it's a hypothetical.

12 It does not give sufficient facts in order to allow

13 the witness to formulate an answer.

14 MR. BAKER: Thank you, Jim.

15 BY MR. BAKER:

16 Q You mentioned that it's hard to compare which

17 cue, as you called it, stands out more in this scenario

18 that we're discussing between the counter and the carts

19 and the rail, because you don't know exactly where Lydia

20 Valley was looking. Is that fair to say?

21 A That would be fair to say, yes.

22 Q But if you assume, for purposes of your

23 analysis, that she was looking -- that she was not

24 looking down, wouldn't it be fair to say that the counter

25 would be a cue that would be seen before the rail?


1 MR. STRAWINSKI: Same objection.

2 THE WITNESS: You know, I wasn't at the site to

3 actually position myself, and I haven't seen, you

4 know, I haven't done the analysis of how much of

5 your view is blocked when you're walking behind a

6 cart and how you would approach it, so I really

7 don't know whether I can give you an answer of what

8 would be easier or not.

9 BY MR. BAKER:

10 Q Would that site inspection actually help with

11 regard to your comments as to whether this was a

12 reasonably safe premises?

13 A No. Because I know from seeing the photographs

14 and the video of what kind of obstructions there are, and

15 I can also see, you know, the materials that this

16 barricade was made from, and so I don't think I need to

17 do a site inspection for that part of my analysis.

18 And the part that we were discussing, whether

19 something would be easier to see or not, I haven't done

20 that analysis, because I don't think it's relevant. The

21 reason why I don't think it's relevant is because the

22 video clearly shows that she knew that that obstruction,

23 the barricade was there.

24 Q Are there other factors that you use in making

25 that determination, such as what Lydia Valley, for


1 instance, has said about that issue?

2 A Well, I think what you see in the video and in

3 the stills tell the story. And from my understanding, is

4 that she had a tough time remembering specifically, and

5 when you go through a trauma, such as a fall and an

6 injury, it's possible she may have forgotten.

7 And so I'd rather go on the facts that were

8 captured by the surveillance video, rather than seeing

9 and giving weight to something that is in contradiction

10 to what we see on the video.

11 Q So from that response, I believe I understand

12 that you did understand, before you conducted the

13 analysis in this case, that Lydia Valley has denied

14 seeing that rail.

15 MR. STRAWINSKI: Objection to the form of the

16 question as misstating the prior testimony.

17 THE WITNESS: I believe that there was some

18 information that I was given from Mr. Strawinski,

19 and there were some other testimony that basically

20 that were not clear, as far as what she did see and

21 she didn't see. There was some of this going back

22 and forth.

23 It appeared like she saw something and then she

24 corrected herself and says in the affidavit

25 basically, she's saying that, no, she didn't see it.


1 BY MR. BAKER:

2 Q Well, you know, we don't have to dance around

3 this.

4 A Right.

5 Q I'm not saying you're dancing, but are you

6 saying that, based on what you knew about her testimony,

7 that you wanted to take her testimony out of the equation

8 of your analysis?

9 MR. STRAWINSKI: Object to the form of the

10 statement as misstating the prior testimony.

11 THE WITNESS: I think that, from what I've

12 seen, the testimony isn't clear one way or another,

13 and if I have the fact that it has been captured on

14 the video, I don't have to rely on the testimony if

15 I have something that has a better factual value to

16 it. The better factual value is something that has

17 been captured in the security video.

18 BY MR. BAKER:

19 Q Now, does that mean that you did not factor

20 into your analysis that she made a sworn statement that

21 she did not see the rail?

22 A You know, to me, it's irrelevant what her

23 statement is and what she -- it doesn't provide me

24 additional value to be able to analyze and see what

25 happened. It doesn't give me any more information than I


1 already had.

2 Q Now, in terms of making the determination of

3 the safety of these premises at the Athens K Mart, all

4 I've heard you focus on is whether Lydia Valley knew, but

5 did you also focus on what K Mart knew?

6 A Not significantly. I'm aware that there was

7 some instances that there were some reported incidents

8 before, but I didn't, you know, like, if you take this

9 incident, for example, this incident is the only incident

10 that I studied. So I don't have sufficient information

11 about the other incidents to see whether they were, the

12 causation of them, whether they were substantially

13 similar, whether they were different.

14 So I don't have specific opinions with respect

15 to those incidents because I haven't investigated them.

16 Q Does that allow you to concede that your

17 investigation, at this point, as we sit here today, is

18 somewhat insufficient?

19 A No. It's not insufficient. It's sufficient to

20 answer the key issues that I've been asked to answer over

21 here, which we went over. And as far as this incident,

22 in this incident, it's clear that she knew that the rail

23 was there and she tried to avoid it and step over it.

24 So she knew that the hazard was there. For me

25 to do an analysis, whether that hazard was an


1 unreasonable hazard, I would have to do additional

2 analysis of the other incidents to confirm whether

3 they're even relevant. At this point, I don't have

4 sufficient information to even suggest that that hazard

5 was in any way, shape or form unreasonable.

6 Q If you found out that, eight months prior to

7 Lydia Valley's trip and fall on July 22, 2011, there was

8 a similar trip and fall by another person, would that

9 have any bearing on your analysis whatsoever?

10 A I would have to analyze it and see whether that

11 is, indeed, what you're claiming it to be, substantially

12 similar. It's certainly, from the safety perspective,

13 when you have an incident, what you try to do is see

14 whether you can avoid it in the future.

15 Q I'm sorry, how would you do that? You're

16 talking about from K Mart's perspective?

17 A From K Mart's perspective. That would be

18 basically to see, is this something that we can improve?

19 And they would have to analyze it and then decide whether

20 they need to do something about it, and there were some

21 discussions through the depositions that, you know, some

22 people felt that this thing should be removed. And,

23 eventually, it basically got removed, partial of it.

24 That's certainly one way to do it, but from a safety

25 perspective, overall safety perspective, you would have


1 to look at it in more ways than one.

2 Whenever you change something, you may change

3 the way that, from human factors perspective, that entire

4 area may get different use. That change in use may

5 create additional hazards or hazards that may be even

6 worse than the one that the barrier presents. So simply

7 just reacting to a situation where you have an accident

8 and you say, well, let's remove this hazard, it's very

9 short-sighted, because you could end up introducing more

10 danger into that area by changing the characteristics of

11 the environment.

12 Q So it's actually in the record in this case,

13 and admitted by K Mart, that there was a trip and fall

14 over this rail by a lady named Jonelle Edwards eight

15 months before this happened.

16 A Uh-huh.

17 Q Does that change your opinion about whether

18 this was a reasonably safe environment?

19 A No, it doesn't. It tells me that there was

20 another incident, and that this particular incident and

21 the particular area might require additional study to see

22 whether it can be made safer.

23 Q Then one month after that, a lady named Nancy

24 Bailey tripped and fell over this rail in the Athens

25 K Mart.


1 A Yes.

2 Q Does that change your analysis at all?

3 A No, because that rail, I mean, that's been

4 there for many, many years, and for the longest time,

5 nobody seemed to have problems with it. So I don't know

6 whether that's related, whether something has changed in

7 the environment that caused these two incidents to occur,

8 whether the use pattern has changed or not, so I don't

9 know.

10 Q How do you know there was no problems with it

11 before?

12 A Because, from my understanding, there were no

13 prior incidents before these, except recently.

14 Q That's what I'm trying to ask, is how do you

15 know that? What do you base that understanding on?

16 A Well, my understanding is from reading the

17 information. The deposition testimony is basically that,

18 historically, it started -- they started having incidents

19 in the relative recent times. That, to me, begs the

20 question, are they substantially similar, and has the use

21 of the property changed that would be related to some of

22 these incidents.

23 Q I'm just trying to make sure you don't know

24 something I don't. You don't know, one way or the other,

25 do you, of whether there were prior incidents before


1 Jonelle Edwards or not?

2 A Well, yes, I don't know specifically of any

3 other incidents, except the ones that you mentioned.

4 Q There could have been incidents before the

5 Jonelle Edwards' trip and fall, or there could not have

6 been incidents, and you don't know one way or the other;

7 is that correct?

8 A The only thing that I can base my information

9 on is what came out in the depositions. The deposition

10 testimony speaks for itself.

11 Q Okay. So now you and I have just gone over two

12 variables to your analysis that I proposed, which was the

13 first that Jonelle Edwards tripped and fell eight months

14 before this Lydia Valley incident, and then one month

15 after that, that Nancy Bailey tripped and fell.

16 How about if Frieda Murray, a customer at the

17 Athens K Mart, tripped and fell exactly one month prior

18 to Lydia Valley's, and she tripped and fell on the exact

19 same rail, would that change your analysis at all about

20 the safety of K Mart?

21 A No. That would, to me, it's just you've got a

22 certain amount of incidents, but until I've studied those

23 incidents and find a root cause of those incidents, I

24 really can't opine further whether they were related to

25 this particular incident.


1 Q Do you feel qualified, as you sit here today,

2 to weigh in on whether this was a reasonably safe

3 premises?

4 A It was reasonably safe, yes, because, at that

5 particular -- in this particular incident, the hazard was

6 recognized.

7 Q What I mean is, do you feel personally

8 qualified to weigh in on whether this was reasonably safe

9 based on your research so far?

10 A In this particular incident, yes.

11 Q Okay. I've told you of the evidence in the

12 record of three prior trips and falls. You say you would

13 have to look at those and see.

14 Have you made any effort to do any

15 investigation about what those trip and falls were or how

16 that bears on the situation?

17 MR. STRAWINSKI: Objection to the form, as it

18 mischaracterizes prior testimony.

19 THE WITNESS: I haven't been asked to do and

20 look and investigate those prior incidents.

21 BY MR. BAKER:

22 Q I thought that you were in this case to give an

23 opinion about whether this was a safe premises or not.

24 Is that --

25 A As it relates to this particular incident.


1 Q You're literally ignoring everything that has

2 to do with the K Mart side or what they knew, and

3 focusing exclusively on what Lydia Valley knew.


5 Misstates prior testimony. Argumentative.

6 BY MR. BAKER:

7 Q Is that correct?

8 A What I am focusing on is that, in this

9 particular case, we have a hazard, which is pretty open

10 and obvious, okay. And that hazard is that you've got

11 something that could potentially become, somebody could

12 trip over that. But in our case, Ms. Valley saw that

13 hazard, recognized it and tried to climb over it, and so

14 I don't see how that is related to somehow the premises

15 being unreasonably safe, unreasonably dangerous.

16 Q You don't seem to be incorporating very many

17 circumstances, other than just the video into your

18 analysis. Is that fair to say?

19 A Yeah, that's where probably most of the

20 information that I have, because that provides me the

21 factual information that the hazard was there, and it was

22 recognized by Lydia, and instead of taking a couple more

23 steps backwards, she tries to climb over it.

24 Q Now, you seem very conclusory when you say

25 that. Is there any chance that you're wrong?



2 THE WITNESS: No. I mean, the photographs that

3 I have, the frames that we've developed, they speak

4 for themselves.

5 BY MR. BAKER:

6 Q So there's no chance that you're wrong with the

7 fact that Lydia Valley saw the rail?

8 A None that I know of right now.

9 Q Is there anything else that you think that you

10 would want to review or research in order to support that

11 conclusion?

12 A I don't think there's anything there for me

13 available, any more information that I would have.

14 Q Would you care to evaluate what the surrounding

15 physical circumstances of the rail are by inspecting the

16 site? Would that help?

17 A It wouldn't -- I don't see how that would make

18 any difference. I know, you know, the physical

19 dimensions of it, and I can see in the video where the

20 foot placement is.

21 Q Would you find that it would be instructive, in

22 your analysis, to be able to literally see the rail for

23 yourself in exactly the way that it was on the day that

24 this happened?

25 A I don't see how it would aid any more of any


1 opinion.

2 Q You've got documentation and preservation of

3 information and claims investigations using the ASTM

4 standards in 2007 to Katmandu, which is an insurance

5 adjusting agency, I think.

6 A Correct.

7 Q What was the substance of that seminar?

8 A Basically, that some of the fire or water

9 damage claims, oftentimes, the investigators don't

10 sufficiently preserve the evidence for somebody else

11 later on to reconstruct it. ASTM has a number of

12 standards that deal with preserving the evidence and the

13 proper way to basically preserve them so that other

14 parties that may need to see those can have and, indeed,

15 look at them.

16 Q Is that a general guideline of claims

17 investigation, is to preserve the evidence?

18 A It should be. You know, they should -- the

19 standards are there. You know, people who investigated

20 claims should make efforts of preserving the evidence.

21 Q Should the rail in this case that was cut out,

22 should that have been saved, according to those

23 standards?

24 A It's -- potentially, yes.

25 Q Potentially yes or yes?


1 A If it was significant, and if the manufacturer

2 of the rail is potentially being sued, then that

3 manufacturer should have been able to look at the rail

4 and inspect it. So, under those circumstances, if that

5 rail is going to become a subject of somebody else's

6 claim against the manufacturer of that rail, then it

7 should be saved.

8 Q So the rail should have been saved in this

9 case?

10 MR. STRAWINSKI: Objection to the form. It

11 misstated prior testimony.

12 THE WITNESS: I think that, under some

13 conditions, there are safety professionals that

14 would say, yeah, let's save the rail, because that

15 way any questions about it in the future, you've got

16 the actual evidence there, as opposed to having to

17 reconstruct that from what is left of the problem.

18 BY MR. BAKER:

19 Q So I think that, in your interrogatory

20 supplemental responses that I received, it suggests that

21 you're going to say that Jeff Gross was also wrong about

22 the application of the visual acuity cone theory.

23 Did he get that wrong?

24 A Well, there are certain references that I don't

25 disagree with him using those references, but I don't


1 think you can say, with any type of certainty, what

2 Ms. Valley saw or didn't see.

3 MR. BAKER: Would you read that back, please?

4 (The court reporter read back the requested

5 portion of testimony.)

6 MR. BAKER: Thank you.

7 THE COURT REPORTER: You're welcome.

8 BY MR. BAKER:

9 Q Now, you said there was no chance that you're

10 wrong that Lydia Valley saw that rail. Then you just

11 testified that there's no way to be certain of what she

12 saw.

13 So I think you're going to have to choose one

14 or the other, don't you think?

15 A No. From the perspective of what you're

16 talking about now is you're talking from visual

17 perspective of what she sees from the acuity and from the

18 angles that your expert was using to support the idea

19 that she would have basically missed seeing it.

20 What I'm seeing, and I think, from that aspect,

21 you really can't say what that person is seeing at the

22 time, and whether they're going to miss something,

23 including this rail, but from the video analysis, and

24 that's what I'm basing my idea, my opinion on, is that

25 she clearly knew because she backed out. And she also


1 knew because she lifts her leg to step over the

2 obstruction.

3 Q So if you take out the fact that she backed

4 out, then you're not so certain anymore, right?


6 Misstates testimony.

7 THE WITNESS: If you take out the fact

8 that -- so we're now doing hypothetical that she

9 didn't back out?

10 BY MR. BAKER:

11 Q Yeah.


13 Hypothetical not including sufficient facts to allow

14 the witness to give an answer.

15 THE WITNESS: But she did back out. We see it

16 on the video.

17 BY MR. BAKER:

18 Q I'm saying take that out of the equation, are

19 you still certain?


21 question as being a hypothetical that now includes

22 facts that are not in evidence and insufficient

23 facts on which it would be necessary for the witness

24 to formulate an answer.

25 THE WITNESS: I just don't know how I can


1 ignore what's captured on the video. If I didn't

2 have the video, then I couldn't be able to opine

3 that. So now you're saying that if I don't

4 have -- if we take the fact that she backs out, out

5 of the equation, that means I don't have the video,

6 then I can't have those opinions. If I didn't have

7 the video, then I can't be assured of my opinions,

8 like I am.

9 BY MR. BAKER:

10 Q Well, just so we're on the same page, when you

11 say she backed out, I think that you're using that as an

12 indicia of the fact that she recognized the rail; isn't

13 that right? Aren't you saying that her backing out shows

14 that she recognized the rail?

15 A She recognized that there is a rail over there

16 and, therefore, she has to back out to get out of the

17 corral.

18 Q Let me try again.

19 Okay. Aren't you saying that one of the clues

20 to lead you to the conclusion that she recognized the

21 rail is that she backed -- is that she moved backward?

22 A Yeah, she walked backwards.

23 Q So aren't you tying those two together, she

24 walked backwards because of the rail?

25 A Yes.


1 Q Okay. What if you found out, for instance,

2 that she wasn't backing out because of recognition of the

3 rail, but for some other reason? That's all I'm saying.

4 A Well, what other reason is there?

5 Q Maybe she was backing away from a cart so that

6 she wouldn't trip over the cart she just put back.

7 A Step a half a step away instead of taking a

8 full two steps to back out. That doesn't make any sense.

9 Q Okay. So it seems like what you're getting at

10 is that, based on what you have seen, you can't even

11 imagine an alternative explanation for any backward

12 movement except for the rail?


14 Misstating prior testimony.

15 THE WITNESS: What I'm talking about is what's

16 more likely than not. You know, could it be

17 possible? Anything is possible, but at the same

18 time, what I have to do in my analysis is look at

19 what's reasonable and what's most likely happening.

20 Based on the facts and what I see in that

21 video, that's what I -- my opinion is based on.

22 BY MR. BAKER:

23 Q If anything is possible, you could be wrong

24 about whether she saw that rail.



1 question.

2 BY MR. BAKER:

3 Q Is that right?

4 A I could be wrong about anything. I just don't

5 have any evidence that I am.

6 Q But it is possible?


8 question. Calling for speculation.

9 THE WITNESS: Anything is possible.

10 BY MR. BAKER:

11 Q Tell me about your training and experience with

12 regard to visual acuity such that it was discussed in

13 this case by Jeff Gross, for instance.

14 A Well, a lot of his visual acuity that he -- he

15 bases that on some of the automotive driving, and he used

16 some of the principles for automotive driving.

17 Over the years, we've done a lot of work with

18 respect to studying driver's positions and what they view

19 and what they see, and what they see in peripheral

20 vision, and how those cues are interpreted. Part of that

21 was also to review a lot of the available literature

22 that's there.

23 Q So how much do you personally know about the

24 visual acuity cone theory?

25 A Well, as far as it doesn't play a significant


1 role in my analysis over here, and the opinions that I

2 have provided here are to a reasonable degree of

3 scientific certainty, and we've talked about what's

4 possible, okay? There's other possibilities, but based

5 on that information, I think it's important to see what

6 the video and the stills are telling us about the actions

7 of the person, and I can rely on that information more so

8 than speculating about what the person sees based on

9 acuity studies that are taken from the automotive field.

10 Q It sounds like you didn't choose to apply the

11 visual acuity cone theory to your analysis, similarly to

12 how you didn't read all of the affidavits of the other

13 people who tripped and fell.


15 question as misstating the prior testimony.

16 THE WITNESS: The acuity theory doesn't enter

17 into the analysis of the video. It only goes to the

18 analysis of seeing how your expert is analyzing the

19 accident. He analyzes this incident based on the

20 fact that he believes that she never saw it and she

21 basically tripped over this barrier. So, to me,

22 that acuity theory is irrelevant if you already know

23 that that person recognized the hazard being there.

24 BY MR. BAKER:

25 Q So the visual acuity cone theory is irrelevant


1 to the analysis in this case?

2 A Yes.

3 Q All right. The affidavits of people who

4 tripped and fell on this rail before Lydia Valley did are

5 irrelevant in this case?

6 A They may or may not be relative. I don't know.

7 I haven't studied them. The incident that I've studied

8 is this particular one.

9 Q Well, what I'm a little bit confused about,

10 maybe you can clear it up for me, is it may be that

11 you're analyzing an issue different from the one that

12 Jeff Gross is analyzing.

13 A I'm pretty sure it is.

14 Q Maybe you can explain that to me and it will

15 help.

16 A The whole premise that he's analyzing this

17 incident from, he assumes that Ms. Valley is not aware

18 that there is a hazard. If that's the case, then you

19 could look at all of the factors, how easily the hazard

20 is recognizable or whether it blends in and all of that

21 work that he did. That, from his perspective, would be

22 relevant.

23 In my -- from my analysis, we're not dealing

24 with a hazard that wasn't recognized by Ms. Valley. She

25 knew that the hazard existed. And she tried to actually


1 back out, and then finally step over the hazard.

2 So the recognition of the hazard becomes

3 irrelevant because she already knew that it was there.

4 Q So you concluded or you stated just now that

5 Jeff Gross assumes that she's not aware of the hazard in

6 his analysis.

7 A Correct.

8 Q How do you know that?

9 A Based on reading his deposition, based on the

10 opinions and based on the materials that he used, the

11 whole premise of his -- him saying that this is

12 unreasonably dangerous is the fact that this is a hazard

13 that Ms. Valley didn't recognize was there. So it's

14 a different analysis than you would do if you know that

15 you have a hazard and you recognize the hazard.

16 Q You can't say with certainty, though, that he

17 made that assumption before he analyzed the facts in this

18 case. That's just what you think that he did?

19 A That's based on my review of his testimony,

20 yes.

21 Q In other words, he could have conducted the

22 same analysis of the video that you did, came to

23 a different conclusion about her knowledge and then moved

24 on to the next step. Isn't that possible?

25 A He's your expert. He could have done --


1 Q You state it with such certainty that you know

2 that he's making an assumption. I'm trying to make sure

3 that you are making a good assumption about what he's

4 analyzed and what he hadn't.


6 question. Misstates the prior testimony and the

7 prior questions.

8 THE WITNESS: I'm just basing it on what I've

9 read. I haven't seen him do this kind of analysis.

10 BY MR. BAKER:

11 Q Are there any life safety code provisions that

12 apply to the rail and the premises that we're discussing

13 in this case at the Athens K Mart?

14 A No, I don't believe so. This is egress from a

15 building. That's typically what would be associated with

16 this. You just have to provide a wide enough pathway to

17 get out of the building. There's certainly plenty of

18 open width and open area that you have an egress.

19 Q Any ANSI standards that would apply?

20 A Not that I can see.

21 Q Are there any applicable OSHA standards?

22 A Again, not that I can see.

23 Q Is there anything about the fact that there is

24 a place where carts are stored in a K Mart that changes

25 the analysis?


1 A No.

2 Q Do you have any particular expertise, training

3 or experience with regard to cart containment systems?

4 A Not the cart containment systems, no.

5 Q Have you ever had a case like this before?

6 A No. I've had cases with carts and I've

7 actually worked on some of the cart standards, but I

8 haven't had a case like this, no.

9 Q Did any of the cart standards you worked on

10 include standards with regard to containing those carts?

11 A No.

12 Q What do you know personally, based on your own

13 experience or training about what this rail was?

14 A From my understanding, it was a rail designed

15 to contain and hold carts, shopping carts that -- as

16 opposed to them being spread all over the place.

17 Q Would it assist your analysis to know more

18 facts about the variety, manufacturer or other facts

19 about the rail itself?

20 A Not significantly. Again, you know, I'm sure

21 there are different designs. Some of the designs may

22 have different hazards associated with them. Some of

23 them might be better from a safety perspective than

24 others.

25 Q So you didn't take the design of the cart


1 bumper into part of your analysis?

2 A I considered it. I mean, it's -- we're dealing

3 with a barrier that is a certain size, but I didn't

4 analyze it from whether the barrier is a barrier that --

5 with respect to what's being used and what was being used

6 in the industry at that time, at the time that it was

7 installed.

8 Q Did you factor into your analysis the height of

9 the rail in question?

10 A Yes.

11 Q What is the height?

12 A Approximately -- we're looking at around

13 10 inches off the ground.

14 Q Did you account for or otherwise factor into

15 your analysis the color of the rail?

16 A I believe, from what I could see, it was

17 stainless steel.

18 Q What do you base that on?

19 A Just from seeing some of the photographs. I

20 mean, there's portions of it that's stainless steel. I

21 can see some of it in the photographs. It basically is a

22 reflective surface.

23 Q Do you believe that K Mart could have made

24 their premises safer on that day, July 22, 2011, by

25 painting that rail a bright yellow?


1 A You can always make things more visible and

2 safer. Painting it bright yellow would potentially make

3 it more visible to someone, but, you know, when you're

4 looking at improving the overall safety, there may be

5 other methods that you can utilize, and we've touched a

6 little bit on that.

7 But, basically, the best way to do it with the

8 hazard is eliminate the hazard. If you can't eliminate

9 the hazard, try to guard against it. If you can't guard

10 against it, the last resort would be basically warning

11 against it. The painting of it is more of the warning

12 issue.

13 Q All right. I told you it's already in evidence

14 there were three prior trip and falls over this rail

15 before Lydia Valley's.

16 A Uh-huh.

17 Q Based on that, which of those, of the

18 hierarchy, removing, guarding and warning, should have

19 been employed by K Mart in this situation?


21 question, irrelevant.

22 THE WITNESS: You know, that would be part

23 of --

24 MR. BAKER: Hold on a second. I thought you

25 reserved your objections except to form and


1 privilege.

2 MR. STRAWINSKI: I said object to the form.

3 MR. BAKER: I thought you said relevance.

4 MR. STRAWINSKI: I did. I said object to the

5 form as being irrelevant.

6 I'll withdraw the objection.

7 MR. BAKER: All right. Excuse me. Where were

8 we?

9 (The court reporter read back the requested

10 portion of testimony.)

11 THE WITNESS: That would be part of the

12 investigation that K Mart would do from a safety

13 perspective, and say is this a significant hazard,

14 do we have to do something about it, and what would

15 the -- what are our options in mitigating hazard.

16 So, then they would have to go into the

17 evaluation of can we remove the hazard without

18 creating additional hazards. You know, those

19 options are there for people like K Mart to deal

20 with.

21 BY MR. BAKER:

22 Q Based on what you know of the facts in this

23 case, three prior trips and falls, then Lydia Valley,

24 that is a situation that has to be, quote, dealt with,

25 right?


1 A Well, it should be brought to the attention of

2 somebody to see whether, indeed, those incidents are

3 being caused by this rail, and whether this rail can be

4 made safer or the whole area can be redesigned in such a

5 way to make it safer.

6 Q Then whoever conducts that analysis should

7 follow through with the analysis, to take steps, if any

8 are decided to be taken?

9 A Yeah, if any of the steps should be followed

10 and then monitored further to see whether, indeed, that

11 study accomplished what they were -- they set out to do

12 or, you know, you may see -- you may be able to eliminate

13 that particular incident, but you may have incidents

14 seven, eight feet away.

15 So what you need to do is kind of make sure

16 that not only did you fix this one, but you didn't create

17 another one.

18 Q Your point is well taken, to me, at least,

19 which is you can fix this, but when you fix this, it may

20 cause something else that could even be a worse

21 consequence.

22 A Correct.

23 Q So I think that I understand your point to be

24 that you don't knee-jerk reaction and remediate something

25 as soon as it occurs --


1 A Right.

2 Q -- unless you take into consideration all of

3 the consequences of that action.

4 A Correct.

5 Q But can we at least agree that, when something

6 occurs or if something occurs on the same rail three

7 different times, that you should at least conduct the

8 analysis to see if it's the same thing?

9 A I think incidents should be investigated. I

10 mean, you know, typically, incidents where you have a

11 fall, slip and fall, trip and fall, those kinds of

12 incidents, you need to certainly find out what the causes

13 are and whether you can do something to improve the

14 situations and whether you can mitigate that in the

15 future.

16 Q Would you say that a retailer would be doing

17 their job on that if they looked at the situation, but --

18 and decided that something needed to be done, but they

19 did not carry through and take the step to do the

20 remediation?

21 A Well, certain, you know, things sometimes take

22 time to get through the corporation, but it's always

23 better to have mitigation when you're mitigating somebody

24 and when you conclude, through investigation, that

25 something can be made safer or better, to follow up on it


1 and do it.

2 Q Is there anything about -- back up.

3 Did you watch the entire video in this case?

4 A Yes.

5 Q Is there anything about the video, from the

6 first second it comes on until the last frame, that is

7 important for your analysis?

8 A Yes. I think what's important is how many

9 people -- it's a function of how people use that

10 particular area, which door that they decide to come out

11 of when they're coming in and out.

12 There's also, the frequency issue is how often

13 does somebody go through that area without an incident,

14 because that tells me the usage and the exposure to the

15 rail hazard.

16 Q All right. What were your findings?

17 A Just generally it's, again, it's a limited

18 picture. It's not really great statistically, because I

19 think we've got a few minutes of video that I think it

20 was summarized in one of the exhibits that we marked.

21 Q That was a few minutes of video that weren't

22 focused on the rail.

23 A Right. We're probably looking at one person

24 passing by that rail every one minute, those are the

25 people -- that excludes the employees. People that are


1 walking into the chrome, depositing cart and just using

2 the general area and exiting, coming either in or out.

3 So it has, from my perspective, it has a

4 relatively high frequency of use. So if something,

5 again, was unreasonably dangerous, I would expect that

6 there would be significantly more amounts of problems and

7 injuries associated with this hazard.

8 Q You said you crunched some numbers on that?

9 A Yes. These are -- that's basically the

10 analysis, and it is summarized by Derrick Malone, because

11 he's the one that I requested and directed to do the

12 actual analysis and count the events.

13 It's -- two minutes we miss because the camera

14 is panning away from the view. There's 21 minutes that

15 we -- the exit is essentially blocked after the

16 plaintiff's fall. The exit is usable and/or visible in

17 video about 38 minutes. 36 people passed by the cart

18 corral in those 38 minutes, 28 exiting and eight

19 entering. Some using or returning carts, some not.

20 There were 11 people in the 12 minutes prior to

21 plaintiff's fall, where the area pretty much looked the

22 same as it was at the time of the incident.

23 This is only a count of people walking past,

24 around the cart corral to the automatic door or entering

25 the automatic door and walking past the cart corral into


1 the store. It does not include employees returning carts

2 to the corral.

3 It's a limited sample, but on the permitted

4 average, it would not be an unreasonable estimate,

5 considering it's likely higher than that during peak

6 times.

7 Q So did you extrapolate from there, or is that

8 as far as you got?

9 A That was as far as we got. Really, it just

10 gives you more of a flavor of how frequently it's used,

11 but it's a small sample.

12 Q You did not make any determinations about the

13 total number of customers that may have traversed a

14 certain area in one day or one month or anything like

15 that?

16 A I didn't do any extrapolation based on the

17 information thus far.

18 Q Do you want to take a few minute break while I

19 look through things and make sure we can wrap up here?

20 A Sure.

21 (Thereupon, a short break was taken.)

22 BY MR. BAKER:

23 Q In the defendant's second supplemental response

24 to plaintiff's interrogatories, it stated that, quote,

25 Based upon his experience and training, he can testify


1 that a full understanding of the visual acuity cone

2 theory shows that a reasonable person should have seen

3 the cart corral in question, end quote.

4 What does that mean?

5 A Well, given the fact that you are so far away

6 and you're actually -- she's making a turn. So, at one

7 point, you're going to start looking in the direction

8 where you want to go. And, at that point, you know, your

9 view really isn't blocked.

10 So there is the possibility that she didn't

11 look, but there is also the -- from peripheral vision, we

12 can certainly look at that, and her view during certain

13 parts of her walk towards that corral were unobstructed.

14 So she could have seen it.

15 Q Did you consider the cart she was pushing as

16 any factor in terms of what she should or should not have

17 seen?

18 A Well, she certainly -- part of the cart is

19 going to block part of her view. You would be looking

20 through the mesh of the cart. So certainly, there is

21 going -- there can be a certain amount of obscurement.

22 However, it's -- the approach is long enough to

23 where you can see it from a long distance, and you also

24 would be looking at it sideways. Her approach towards

25 the corral would allow her to view the corral without the


1 cart obstructing her view.

2 Q That's based on what?

3 A That's based on peripheral vision and the

4 amount of objects that you would be able to see.

5 Q Do you agree with Jeff Gross that the visual

6 acuity cone theory actually applies, in some respect, to

7 analyze this situation?

8 A Well, you can -- to analyze the situation and

9 analyze the approach, her approach to the corral and

10 being able to see the hazards, but after the fact, when

11 the video shows that she recognized the hazard and backed

12 out of the corral and tried to step on it makes all of

13 the previous information really irrelevant. It would

14 become relevant only if she actually didn't see the

15 hazard, walked into the corral, turned and fell.

16 Q Which is basically what Jeff Gross is saying?

17 A That's my understanding, is basically that she

18 didn't see it as she approached it, and that she went in.

19 As she deposited the cart, she turned towards the exit

20 and tripped.

21 Q So under that analysis, as used by Jeff Gross,

22 it sounds like you would actually agree with Mr. Gross in

23 that the visual acuity cone theory would present problems

24 with her seeing the rail as she was standing very close

25 to it.


1 A As she was standing very close to it, yes, I

2 would agree with that, but, you know, there's other parts

3 of it that the cone changes constantly, and the further

4 out you are away from the object, the more -- the wider

5 the cone becomes.

6 Q Like radar?

7 A Exactly. I mean, you've got an angle, and if

8 you've got -- if you've just put blinders on and start

9 walking in a straight direction, at first, you see

10 10-foot wide or 20 feet wide. As you get closer, you

11 only see a fraction of that, maybe 5 feet. So that cone,

12 as you come closer to the object, that changes.

13 Q Was visual acuity cone theory in your Ph.D.

14 curriculum?

15 A Specifically, no, but it was being able to

16 visual -- being able to see objects and from safety

17 perspective, that was part, all part, and it's part of

18 the Human Factors Handbook. Also it's in the Measure of

19 Men and Women.

20 Those are all parts of those studies. Some of

21 those are not necessarily related to just looking at it

22 from the automotive perspective.

23 Q What's the difference between visual acuity

24 cone theory and foveal vision?

25 A I don't know.


1 Q Do you know what foveal vision is?

2 A Not right now. I haven't looked at the

3 definition of it.

4 Q What percentage of your professional time is

5 spent in litigation consulting versus some other kind of

6 consulting work?

7 A It varies from year to year. It has been as

8 high as 80 percent litigation and as low as 20 percent

9 litigation. Last year, it probably ran close to

10 70 percent litigation type of work.

11 Q Do you testify for plaintiffs or defendants?

12 A It varies, but it's 60/40, 40/60 from -- again,

13 it changes from year to year.

14 Q You don't think if you went through all of your

15 cases that you've worked on, that the majority would not

16 be defense?

17 MR. STRAWINSKI: Object to the form, of the

18 double negative.

19 THE WITNESS: Absolutely not. I would say

20 that, you know, if we went all the way back, and we

21 did this exercise in a couple of the depositions, we

22 actually just took the testimony list, and it showed

23 out to be pretty much 50/50.

24 Now, this year, I had two depositions so far.

25 They were both defense, you know. It's -- last year


1 was probably 50/50.

2 BY MR. BAKER:

3 Q All right. Is it reasonable to expect that

4 there's a steel rail sticking out of the floor 10 feet

5 from the exit of a K Mart?

6 A Absent of everything else, no, you wouldn't

7 expect it, but the fact that we've got a cart corral, it

8 is there. It is -- it can be reasonably expected,

9 particularly to people that are familiar with that

10 particular K Mart store.

11 Q People who have seen it before?

12 A People who have seen it before, people who have

13 been to the store before who have used that corral, who

14 become more familiar with the hazard.

15 Q What if I told you that a K Mart employee at

16 this store, worked there for 24 years, and never saw this

17 rail? Would you be surprised about that?

18 A Surprised. In what -- I don't know in what

19 context. I mean, it's just one person and --

20 Q Well, the context was what you said, which is

21 someone familiar with the store.

22 A Store.

23 Q Yeah. I'm telling you we have testimony from

24 someone who worked there for 24 years, and she said she'd

25 never seen it before or she'd never noticed it before.


1 A Okay.

2 Q That's the context.

3 A Okay. From that perspective, you know, and

4 there's actually been some studies on this, but you and I

5 drive to work every day, most of the time. I get up in

6 the morning. I know the road.

7 When I get here, if you ask me, do I remember

8 how I got here, I don't. It's kind of hard. There is a

9 subconscious level that's going on in your mind.

10 It doesn't mean that I didn't pay attention

11 driving or that I missed certain hazards. But do I

12 remember them? No.

13 MR. BAKER: Mr. Strawinski, do you have any

14 questions?

15 MR. STRAWINSKI: I do.

16 CROSS-EXAMINATION

17 BY MR. STRAWINSKI:

18 Q Dr. Hejzlar, there's been some questions that

19 have been asked of you to make sure that you have

20 discussed with Mr. Baker all of the opinions that you

21 plan to offer to the jury in this case. I just want to

22 go over the ones that we've listed in our discovery

23 responses, just to make sure we've covered all of them.

24 I think we have, but let's be sure.

25 The first one was the cart corral at the front


1 of the store was reasonably safe. We've covered that.

2 Was there anything we haven't covered about

3 that?

4 A No.

5 Q You said you're expected to testify regarding

6 clear presentation of the information on the surveillance

7 video previously produced in this litigation. I think

8 we've spent most of our time on that.

9 A Correct.

10 Q Have we left anything out --

11 A Not that I know of.

12 Q -- that you can think of right now?

13 Okay. That's fine.

14 A No.

15 Q The question about the use of ASTM F1637-95,

16 standard practice for safe walking surfaces, the opinion

17 that that doesn't pertain to cart corrals, have we

18 thoroughly discussed that?

19 A Yes.

20 Q Okay. Then this thing about visual acuity, is

21 there anything else that needs to be said about visual

22 acuity, in your view?

23 A No.

24 Q So, based on your experience and training, a

25 reasonable person should have been able to see the cart


1 corral in question.

2 Have we talked about that? I'm not sure we

3 have, have we?

4 A We've talked about aspects of it, but -- and

5 what that opinion is based on is basically that what's

6 more likely than not. It's more likely than not that a

7 person that's paying attention to where they're walking

8 and what they're trying to do definitely had the

9 opportunity to see that corral and identify all of the

10 aspects of that corral, including the rail.

11 Q Would Ms. Valley have had the opportunity to

12 see the corral as she entered the store and picked up her

13 cart?

14 A Yes.

15 Q There was a point in your deposition where

16 Mr. Baker asked you if it would have been helpful to have

17 a better video and videos from different angles, and it's

18 my recollection you said that it's always helpful to have

19 more information if you can get it.

20 Let me ask you this in that context. Given

21 what you did have here in the way of video, was that

22 enough information for you to feel confident that she

23 knew that that rail was there?

24 A Yes, it was. It was sufficient for me to come

25 to the conclusions that I came.


1 MR. STRAWINSKI: That's all the questions I

2 have. Thank you.

3 MR. BAKER: That's all I have, too.

4 THE WITNESS: Read, please.

5 MR. BAKER: Just for the record, Dr. Hejzlar is

6 going to read and sign his deposition, which will

7 put it past the time line of our hearing that's

8 coming up on the exclusion of expert testimony, and

9 this deposition was previously scheduled for, I

10 believe, February 11th or 12th. I asked that it

11 be moved up earlier. It was moved up to

12 February 8th, which was the first day I could take

13 this deposition.

14 Further for the record, I have service of

15 certain materials for opposing counsel which would

16 include four witness subpoenas, which we filed with

17 the clerk, and also plaintiff's motion in limine to

18 exclude inadmissible evidence which was filed

19 yesterday, and I am going to personally serve those

20 on Mr. Strawinski now.

21 Thank you.

22 (Deposition concluded at 3:02 p.m.)

23

24

25


1

2 CERTIFICATE OF OATH

3

4 STATE OF FLORIDA )

5 COUNTY OF LEE)

6

7 I, Tracie Thompson, Notary Public for the State

8 of Florida, do hereby certify that, ZDENEK HEJZLAR,

9 PH.D., appeared before me and was duly sworn by me.

10 WITNESS MY HAND AND MY SEAL this 17th day of

11 February, 2013.

12

13

14

___________________________

15 Tracie Thompson

Notary Public

16 State of Florida

My Commission No. DD 958966

17 Expires: March 1, 2014

18

19

20

21

22

23

24

25


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

2 STATE OF FLORIDA

3 COUNTY OF LEE

4 I, Tracie Thompson, Court Reporter and Notary Public

5 in and for the State of Florida at Large, do hereby

6 certify that the foregoing deposition of ZDENEK HEJZLAR

7 was taken before me, in the cause, as stated in the

8 caption hereto at Page 1 hereof, is a true and accurate

9 transcript of the testimony of said witness and of all

10 proceedings had at the session at which said deposition

11 was taken.

12 I FURTHER CERTIFY that I am neither an attorney

13 nor counsel for the parties to this claim nor a relative

14 or employee of any attorney or party connected with this

15 claim and that I have no interest in the outcome of this

16 action.

17 IN WITNESS WHEREOF, I have hereunto subscribed my

18 name and affixed my seal this 17th day of February, 2013.

19

20

21 ____________________________

Tracie Thompson

22 Notary Public

State of Florida at Large

23

24

25


1 E R R A T A S H E E T

2 DO NOT WRITE ON TRANSCRIPT -- ENTER CHANGES HERE

3 Page. No. Line No. Description

4 __________/ __________/ _______________________________

5 __________/ __________/ _______________________________

6 __________/ __________/ _______________________________

7 __________/ __________/ _______________________________

8 __________/ __________/ _______________________________

9 __________/ __________/ _______________________________

10 __________/ __________/ _______________________________

11 __________/ __________/ _______________________________

12 __________/ __________/ _______________________________

13 __________/ __________/ _______________________________

14 __________/ __________/ _______________________________

15 __________/ __________/ _______________________________

16 __________/ __________/ _______________________________

17 __________/ __________/ _______________________________

18 Under the penalties of perjury, I declare that I have

read my deposition and that it is true and correct

19 subject to any changes in form or substance entered here.

20

21

22

23 ______________________________________ ____________

WITNESS DATE

24

25


1 VERITEXT 2275 Main Street

2 Fort Myers, Florida 33901 (239) 334-7766

3February 17, 2013

4Zdenek Hejzlar, Ph.D.

5 c/o JAMES S. STRAWINSKI, ESQ.Strawinski & Stout, PC

6 3340 Peachtree Road, NESuite 1445

7 Atlanta, GA 30326404-204-9955

8 [email protected]

RE : Lydia Valley vs. KMART10 DEPO OF: Zdenek Hejzlar, Ph.D

TAKEN : 2-8-1311 READ & SIGN BY: Average of 30 Days12 Attn:13 This letter is to advise you that the transcript

of the deposition listed above is completed and14 is awaiting reading and signing.15 Please arrange to stop by our office

to read and sign the transcript.16 Our office hours are from 9:00 a.m. to 4:00 p.m.

Monday through Friday. Depending on the17 length of the transcript, you should allow

yourself sufficient time.18

If the reading and signing has not been completed19 prior to the referenced date, we shall conclude

that you have waived the reading and signing of the20 deposition transcript.21 Your prompt attention to this matter is appreciated.22 Sincerely,23 Tracie Thompson, RPR, CLR2425


&

& 2:4,9 10:5 36:15103:5,11

0

02 36:307 36:409 36:5

1

1 3:10,22 5:21 6:166:17,21 38:16100:17 101:8

1-8-13 3:1610 3:19 19:14,16

27:19 28:22 53:2258:9 83:13 93:1095:4

100 33:1011 3:20 23:12,20,21

52:24,25 53:8,2289:20

11:51 1:1511th 99:1012 3:21 23:16 27:19

53:10,12,22 89:2012-18-2012 11:412750 1:1212th 99:1013 3:22 53:14,16,22

54:414 3:23 5:21 53:221445 2:10 103:615 3:11 53:2216 53:2217 3:12 103:317th 100:10 101:1818 3:13,14,1618th 11:2219 3:15,171995 29:8 36:1 37:21998 46:171999 6:23

2

2 3:11 13:12,1414:11,17 20:17 39:253:21

2-8-13 103:1020 3:18 93:10 94:82002 37:72007 71:42011 6:10 64:7

83:242012 6:112013 1:14 12:4

100:11 101:18103:3

2014 100:1721 3:19 23:4,25

89:1422 10:5 23:25 64:7

83:242275 103:123 3:21 23:25 25:3239 103:224 11:8 25:4,6 95:16

95:24250 9:1275 17:1028 89:18290 17:10298 2:4

3

3 3:12 15:19,203.1.13 32:9 40:33.1.13. 38:2030 5:2,5 25:6,12,18

103:1130326 2:11 103:730601 2:531 25:12,1932 25:2333 26:2334-7766 103:23340 2:10 103:633901 103:2

33913 1:1334 26:335 27:2136 23:4 27:21 89:17363 53:2337 26:1238 89:17,183:02 1:15 99:22

4

4 3:5,13 16:1,2,553:20

4.2 38:25 40:440/60 94:12404-204-9955 2:11

103:746 52:9,15,24 53:1348 11:94:00 103:16

5

5 3:14 16:20,21 38:793:11

5.1 38:750/50 94:23 95:152 22:2255 3:20,2256 3:23

6

6 3:15 17:13,1460/40 94:12

7

7 3:16 18:12,1453:20

70 94:10706-208-1514 2:579 52:11,15,24

53:13

8

8 1:14 3:10,17 12:418:23,25

80 8:14 28:19 94:88th 99:12

9

9 3:18 18:24,2553:22

95 36:6 38:1958966 100:16968.76. 12:59:00 103:16

a

a.m. 103:16able 24:19 38:10

41:18 42:24 62:2470:22 72:3 75:286:12 92:4,10 93:1593:16 97:25

absent 95:6absolutely 29:21,22

34:14 46:20 94:19acceptable 41:5accepted 11:3,4

21:23,24 33:11,15accident 12:19,19

12:21,22 26:23 65:778:19

accomplished 86:11account 47:10 83:14accurate 26:16 41:7

101:8acknowledged 4:3acquired 8:3act 4:11action 87:3 101:16actions 78:6actual 48:2 72:16

89:12acuity 72:22 73:17

77:12,14,24 78:9,1178:16,22,25 91:192:6,23 93:13,2397:20,22

adapted 22:8 39:14additional 19:18

46:1 62:24 64:165:5,21 85:18

[& - additional]


addressed 34:23adjacent 30:18adjusting 71:5admitted 3:9 65:13adopt 39:23adopted 39:8,21advise 103:13affidavit 13:24 15:5

15:8 61:24affidavits 78:12

79:3affixed 101:18afghanistan 22:13africa 7:14african 7:16agency 71:5agree 20:20 31:9

51:18,23 87:5 92:592:22 93:2

agreed 10:20agreement 7:19ahead 58:17,20,21

59:3aid 70:25aim 55:12aimed 44:13aiming 55:7aims 43:15air 22:9allow 59:12 63:16

74:13 91:25 103:17allowable 4:10allowed 35:13alternative 76:11altogether 22:21ambulate 30:3 47:7ambulating 47:3ambulation 28:16

29:5 46:21 47:5,2248:24 49:19,2350:11

ambulations 48:9american 7:9 21:14

21:23 33:12

amount 44:15 51:1467:22 91:21 92:4

amounts 89:6analysis 3:21,23

27:11,12 41:3 46:1950:21 51:3,14,19,2552:2,10,12,23 53:453:12,15,23 54:355:3 58:2 59:2360:4,17,20 61:1362:8,20 63:25 64:264:9 66:2 67:12,1969:18 70:22 73:2376:18 78:1,11,17,1879:1,23 80:6,14,2281:9,25 82:17 83:183:8,15 86:6,7 87:888:7 89:10,12 92:21

analyze 62:24 64:1064:19 83:4 92:7,8,9

analyzed 22:2580:17 81:4

analyzes 78:19analyzing 12:16

47:1 78:18 79:11,1279:16

angle 93:7angles 45:23 46:1

73:18 98:17ansi 37:17 38:4

81:19answer 37:7 59:13

60:7 63:20,20 74:1474:24

anticipation 12:25anybody 33:19anymore 74:4apparent 6:20appear 20:15 30:24appeared 61:23

100:9appears 6:5 47:16applicable 17:2 33:3

50:2,19 81:21

application 72:22applied 30:21 46:21

48:21 49:22applies 92:6apply 40:7,10 46:18

78:10 81:12,19appreciate 5:22

49:17 50:15appreciated 103:21approach 60:6

91:22,24 92:9,9approached 92:18approaches 43:14approaching 27:14

58:21approve 35:21approximately 8:14

83:12area 18:6 65:4,10,21

81:18 86:4 88:10,1389:2,21 90:14

argue 51:20argumentative 69:5arises 42:15army 22:9arrange 103:15arriving 19:21 51:7art 40:20asked 4:13 5:7,9,15

5:18 9:9,19 12:1714:8 19:5,22 20:141:24 63:20 68:1996:19 98:16 99:10

asking 50:4 58:7,8aspect 73:20aspects 22:15 50:11

98:4,10assessments 22:16assist 82:17assistant 20:1assisted 45:22associated 12:6,21

20:24 37:15,2481:15 82:22 89:7

associates 10:536:15

assume 27:7 55:859:22

assumes 79:17 80:5assuming 56:22assumption 80:17

81:2,3assurance 8:17 9:4assured 75:7astm 20:25 21:21

28:9,25 29:8 30:2031:9 33:7,7,8,14,1433:16,21 34:17 35:736:12,23 37:18 38:638:11 40:3,7 71:371:11 97:15

astm's 36:20athens 1:1 2:5 4:7

42:1 63:3 65:2467:17 81:13

atlanta 2:11 103:7attached 5:20attempted 5:23 41:6attention 56:6,7

59:1 86:1 96:1098:7 103:21

attn 103:12attorney 101:12,14auditing 9:3authoritative 5:10

5:16 48:4automatic 89:24,25automotive 77:15

77:16 78:9 93:22available 26:17,19

36:22,23 70:1377:21

average 90:4 103:11avoid 47:8 63:23

64:14awaiting 103:14aware 42:7 43:19,21

57:11,13 63:6 79:1780:5

[addressed - aware]


b

b 3:8back 7:12 13:12

20:15 25:14,2227:10 32:1 35:1838:5 43:20 46:1761:21 73:3,4 74:974:15 75:16 76:6,880:1 85:9 88:294:20

backed 25:24 44:1473:25 74:3 75:11,2192:11

background 7:1,38:11 21:2 24:7 58:1

backing 27:4 44:145:6 75:13 76:2,5

backs 43:18,23,2475:4

backward 75:2176:11

backwards 25:2069:23 75:22,24

bailey 65:24 67:15baker 2:3,4 3:5 4:5

4:21 5:19,25 6:1913:11,16 15:19,2516:4,19 17:3,1218:12,22 19:14 20:523:17 45:21 51:5,1752:23 53:2,11,1855:22 56:21 59:9,1459:15 60:9 62:1,1868:21 69:6 70:572:18 73:3,6,874:10,17 75:9 76:2277:2,10 78:24 81:1084:24 85:3,7,2190:22 95:2 96:13,2098:16 99:3,5

barricade 60:16,23barrier 27:23,25

44:2 65:6 78:2183:3,4,4

base 44:12 66:1567:8 83:18

based 12:20 22:1029:15 34:19 36:2548:2 49:1 50:8 58:258:3 62:6 68:976:10,20,21 78:4,878:19 80:9,9,10,1982:12 84:17 85:2290:16,25 92:2,397:24 98:5

bases 77:15basically 7:11 8:11

9:15 10:3,14 11:311:24 12:18 13:316:15 17:7 20:2,1422:22,24,25 23:2424:15,17 27:1434:12 38:24 39:1439:25 42:3,6,744:25 45:3 47:852:6 54:10 55:1356:2 61:19,25 64:1864:23 66:17 71:8,1373:19 78:21 83:2184:7,10 89:9 92:1692:17 98:5

basing 73:24 81:8basis 5:4 9:13 34:20

47:21bear 10:9bearing 64:9bears 68:16began 1:15 40:23beginning 26:7begins 38:24begs 66:19belief 42:19believe 11:14 12:12

17:9 19:23 36:3,4,838:14 42:25 47:1451:10 52:10 61:1161:17 81:14 83:1683:23 99:10

believes 78:20best 36:11 46:4 52:7

52:7 84:7better 45:25 51:15

62:15,16 82:2387:23,25 98:17

bevel 30:12beveling 30:13beyond 48:5 57:11big 42:6bigger 57:10,15,23billed 17:10billing 16:25bit 79:9 84:6black 19:12 57:1blends 79:20blinders 93:8block 91:19blocked 60:5 89:15

91:9blocking 57:19body 25:15,25 26:8

26:24 27:21 41:1745:6,14 49:5,9

book 19:24 20:422:6,11 50:20,2552:6 53:25 54:6,9

books 21:4 51:22born 7:6bottom 39:1box 32:17break 50:16,18

90:18,21breath 5:3breen 9:16,25 10:5

36:15brian 14:24brief 6:25bright 83:25 84:2bring 5:7,9,15brought 6:9,14 12:1

13:2 15:22 16:2320:22 21:4,9 22:429:4 48:10 86:1

brownell 13:20building 39:7 42:12

81:15,17built 41:4bumper 83:1business 8:4,5bylaws 34:10

c

c 2:1 101:1,1 103:5call 10:12,13,22

11:6 13:5 28:18,19called 4:3 10:18

33:12 59:17calling 77:8camera 19:4 26:20

45:23,25 89:13cameras 46:11campground 8:4capacity 9:2caption 101:8captured 26:14,18

26:18 27:14 41:1346:11 61:8 62:13,1775:1

care 70:14career 22:7 49:18carr 15:1carry 87:19carrying 49:15cart 27:4,8 40:25

43:15,15 44:13,1444:24 55:7,13,1658:10 60:6 76:5,682:3,4,7,9,25 89:189:17,24,25 91:3,1591:18,20 92:1,1995:7 96:25 97:17,2598:13

carts 12:14 24:6,657:2 58:2,6 59:1881:24 82:6,10,15,1589:19 90:1

case 1:5 4:8 10:7,1910:19 11:6,12,12,13

[b - case]


11:18 12:8,11,2515:13,15 16:11,1216:14 19:23 21:325:1 33:4 40:4,1942:17 46:2,6,7,1949:22 50:5 57:861:13 65:12 68:2269:9,12 71:21 72:977:13 79:1,5,1880:18 81:13 82:5,885:23 88:3 96:21

cases 21:5 29:2147:22 82:6 94:15

catches 26:11 56:6catching 30:8categorized 33:24cathy 14:22causation 63:12cause 67:23 86:20

101:7caused 66:7 86:3causes 26:12 87:12cd 3:18cellar 32:17center 45:15,17centers 34:5certain 34:22 40:14

48:3,4 67:22 72:2473:11 74:4,19 83:387:21 90:14 91:1291:21 96:11 99:15

certainly 36:2149:25 64:12,2481:17 87:12 91:1291:18,20

certainty 73:1 78:380:16 81:1

certificate 100:2certify 100:8 101:6

101:12cetera 29:1cfei 1:9chance 41:24 69:25

70:6 73:9

change 29:19 30:1030:12,16 31:1437:16 39:15,23 43:365:2,2,4,17 66:267:19

changed 33:14 42:866:6,8,21

changes 6:13 29:1229:16 38:25 39:947:4 81:24 93:3,1294:13 102:2,19

changing 65:10chapter 3:22 53:21characteristics

65:10characterize 12:10charge 8:24 16:25check 14:20 31:19chemistry 7:22 8:11

8:12chicago 9:8choose 73:13 78:10chrome 89:1circumstances

69:17 70:15 72:4cite 38:10citizens 46:17civil 4:11claim 72:6 101:13

101:15claiming 64:11claims 71:3,9,16,20clarke 1:1 4:7cleanout 32:18clear 27:23,25 28:22

44:3 45:12,13 61:2062:12 63:22 79:1097:6

clearly 18:6 31:2543:13 60:22 73:25

clerk 99:17client 13:4,7 20:12climb 69:13,23close 39:21 44:1

92:24 93:1 94:9

closer 57:18 93:1093:12

closeup 24:9clr 1:16 103:23clues 75:19code 37:15,17 40:6

81:11codes 39:6,6,7,7,14

39:21,24 40:15coding 38:4coefficient 30:2collecting 48:7college 7:16,18,20

7:20 21:13,17,20color 19:12 37:15,17

38:4 83:15combination 55:15come 9:9 10:7,22

34:18 45:1 88:1093:12 98:24

comes 88:6coming 9:20 48:21

54:14 88:11 89:299:8

comment 4:25comments 60:11commission 100:16committee 21:22

28:10 29:13 32:1033:21 35:1,3,4,6,2335:24 36:6 37:2,11

committees 33:2235:3 36:16

common 41:5commonwealth 1:12communicate 15:13community 7:9

29:18company 8:23 9:18

9:19 10:14 16:16compare 24:2 58:8

59:16comparing 41:18complaint 13:19

complete 10:25completed 103:13

103:18completely 45:7completes 26:2complex 47:6comply 5:24 34:16comprehensive

14:15 16:13concede 63:16conclude 87:24

103:19concluded 80:4

99:22conclusion 44:16

48:21 51:8 70:1175:20 80:23

conclusions 12:1613:1 48:12,15 54:1554:22 98:25

conclusory 69:24condition 47:17conditions 3:15

16:24 17:12 72:13conduct 87:7conducted 61:12

80:21conducts 86:6cone 57:19 72:22

77:24 78:11,25 91:192:6,23 93:3,5,1193:13,24

conference 22:19confident 98:22confirm 36:9 64:2conflict 11:8confused 79:9congress 21:25connected 101:14connie 20:2consciously 28:22consecutive 26:19consensus 29:17

32:15 33:18 35:10

[case - consensus]


consequence 86:21consequences 87:3consider 48:4 91:15consideration 87:2considered 30:6,14

34:1,9 47:14 83:2considering 90:5considers 5:10

31:13,24consistent 37:17constantly 93:3construct 41:22consult 9:13consultants 14:4

34:9,13consulting 9:15,19

9:20,23 94:5,6contact 10:20contacted 9:17contain 20:9 82:15containing 82:10containment 40:25

82:3,4contains 13:6 20:11contents 20:18context 28:4 95:19

95:20 96:2 98:20continue 58:25continues 26:8

52:10contract 17:4,6contradiction 61:9contribute 44:16contributed 51:15control 8:19,21copies 3:17copy 6:10 10:25

15:17 16:23 19:1352:18

copyright 40:1copyrighted 39:18corner 55:12corporate 9:6corporation 1:6 4:7

7:25 8:21,22 87:22

corral 12:14 18:824:6 25:24 27:4,5,527:8,14 40:12 43:1543:16,20 44:13,1445:3,9,10 55:7,1255:13 56:18 57:358:3,6 75:17 89:1889:24,25 90:2 91:391:13,25,25 92:9,1292:15 95:7,13 96:2598:1,9,10,12

corrals 97:17correct 6:23,24

14:18,23,25 15:2,415:7,10 36:7 40:541:8 42:25 51:852:16 55:5 67:769:7 71:6 80:786:22 87:4 97:9102:18

corrected 61:24correction 53:11correspondence

3:12 11:1 15:17,1719:19 38:3,5

council 8:23counsel 1:11 5:23

11:11 99:15 101:13count 89:12,23counter 56:25 57:8

57:9,15 58:15 59:459:18,24

county 1:1 4:8 29:23100:5 101:3

couple 7:17 11:1927:18 69:22 94:21

course 49:18court 1:1 4:7 53:25

73:4,7 85:9 101:4covered 25:11 55:4

96:23 97:1,2covers 32:16,18,18

32:19,19create 14:6 34:12

65:5 86:16

creates 34:17creating 85:18criteria 34:8critical 32:6,7cross 3:3 4:10 96:16crunched 89:8csp 1:9cue 56:22 59:17,25cues 56:19,24 77:20cumulative 23:10

53:8current 36:22 39:6currently 22:4curriculum 3:10

21:7 93:14curve 55:16 56:17customer 59:4 67:16customers 90:13cut 24:18,18 71:21cv 6:5,7,15,20 7:4,25cycle 3:22 50:24czech 7:11czechoslovakia 7:7

7:13

d

d 3:1 6:4damage 71:9dance 62:2dancing 62:5danger 65:10dangerous 29:20

40:16 69:15 80:1289:5

date 1:14 6:7,1211:4 12:3 16:7102:23 103:19

dates 8:1day 70:23 83:24

90:14 96:5 99:12100:10 101:18

days 5:2,5 103:11dd 100:16deal 71:12 85:19

dealing 8:6 37:2279:23 83:2

deals 52:9dealt 29:18 36:16

85:24dean 14:22decide 33:23 42:22

64:19 88:10decided 7:12 9:6,12

30:10 34:13 86:887:18

declare 102:18defend 21:19,20defendant 1:7 2:9

11:12 13:17 17:5defendant's 13:25

90:23defendants 94:11defense 22:9 94:16

94:25defined 32:10 38:16definitely 37:10

48:4 98:8definition 32:14

94:3definitions 43:4degree 7:22 78:2demonstrate 43:4

49:7denied 61:13deny 36:9department 17:22

19:8 22:9depending 103:16depends 57:9 58:12depict 22:23depicted 19:4depicting 23:25deployed 22:12depo 103:10deposed 10:8deposited 92:19depositing 27:4 89:1deposition 1:9 3:14

4:5,9,14 5:20 6:9

[consequence - deposition]


10:25 13:19,20,2113:21,22,22 14:2216:6,8,12,13 18:1718:18 19:10 30:2231:10 66:17 67:980:9 98:15 99:6,999:13,22 101:6,10102:18 103:13,20

depositions 3:1714:7 20:12 64:2167:9 94:21,24

derrick 19:6 89:10describe 15:14 52:8description 3:9

49:17 102:3design 21:6 48:1

82:25designed 82:14designs 82:21,21desk 19:11detail 14:4detailed 8:1details 12:2determination 40:8

60:25 63:2determinations

90:12determine 12:22

26:25 27:1developed 34:25

35:17 70:3developing 29:8

32:15 33:19 34:7,1837:12

development 8:1833:20 35:10 36:14

deviation 34:15difference 70:18

93:23differences 30:13different 45:23

46:11 63:13 65:479:11 80:14,2382:21,22 87:7 98:17

dimensional 42:2dimensions 70:19direct 3:3 4:20

55:11directed 89:11direction 91:7 93:9director 9:16dis 34:21disabilities 47:19disagree 31:15,25

34:22 52:3 72:25disagreements

51:24discovery 96:22discuss 27:15 50:24discussed 31:10

77:12 96:20 97:18discussing 33:6

37:19 59:18 60:1881:12

discussion 37:15discussions 37:11,11

64:21dissertation 21:11

21:13,14,19distance 91:23distinguished 57:25distributed 46:23division 57:1document 18:5

39:10documentation 71:2documented 28:11documents 5:2

52:21doing 5:3 10:3 27:1

40:13 42:11 74:887:16

door 25:16,18,1926:1 43:17 45:1988:10 89:24,25

doors 32:17doorway 46:10double 14:20 94:18

dr 4:6 5:23 6:596:18 99:5

drafts 37:5draw 12:17drive 1:12 96:5driver's 77:18driving 77:15,16

96:11duly 4:3 100:9dvd 17:23 18:2,23

19:9 24:24,24

e

e 2:1,1,4 3:1,8,16 6:46:4 15:3 51:4 101:1101:1 102:1,1,1

earlier 22:18 99:11ease 23:8 54:11easier 17:25 57:7,13

58:3,9,10,14 59:360:8,19

easily 79:19east 7:7eastern 8:4edge 30:11 45:9

56:25edition 22:3,5 51:3edwards 15:6 65:14

67:1,5,13efficiently 15:14effort 18:11 68:14efforts 71:20egress 81:14,18eight 64:6 65:14

67:13 86:14 89:18either 14:15 17:18

20:6 35:15 89:2elderly 20:25 29:5,5

30:3elements 32:19elevation 29:12,16

29:19 30:10,12,1330:16 31:13 39:8,1539:23 43:2 47:4

elevator 32:18elgin 9:8eliminate 84:8,8

86:12else's 72:5employed 84:19employee 95:15

101:14employees 88:25

90:1employment 8:13ended 1:15 8:18

9:25 10:16 22:11enforceable 39:14enforcement 39:12engagement 11:18engineering 1:12

3:13 6:22 8:19 9:1610:1,3,4 15:23

entail 5:12enter 78:16 102:2entered 55:7 98:12

102:19entering 89:19,24enters 43:15entire 8:22 13:2

35:22 65:3 88:3entirety 5:14environment 11:15

56:20 65:11,18 66:7environmental

22:16equation 62:7 74:18

75:5esi 6:6 17:10especially 32:14esq 2:3,9 103:5essentially 32:5

89:15establish 29:14,15

54:13estimate 90:4et 28:25evaluate 70:14

[deposition - evaluate]


evaluation 85:17event 41:7,11 46:12events 25:10 44:20

49:3 89:12eventually 9:25

64:23evidence 40:17

42:14 68:11 71:1071:12,17,20 72:1674:22 77:5 84:1399:18

exact 56:13 67:18exactly 37:4 42:18

56:10 59:19 67:1770:23 93:7

examination 4:104:20 96:16

examined 4:4example 25:17

33:25 34:2 39:663:9

exception 5:7 16:8exchange 7:21exclude 99:18excludes 88:25exclusion 99:8exclusively 69:3excuse 85:7exemplar 41:21

42:12exercise 94:21exhibit 3:10,11,12

3:13,14,15,16,17,183:19,20,21,22,235:19 6:17,21 13:1013:14 14:11,1715:20 16:2,20,2117:14 18:14 19:1620:17 23:10,12,1623:20,20,21 52:1752:25 53:8,8,14,1654:4,7

exhibits 13:21 18:2553:25 54:5 88:20

existed 79:25exit 27:9,9 40:19

43:25 44:25 89:1589:16 92:19 95:5

exiting 89:2,18expect 32:21,25

44:23 89:5 95:3,7expected 32:20

44:24 95:8 97:5experience 77:11

82:3,13 90:25 97:24expert 19:23 42:4

47:15 73:18 78:1880:25 99:8

expertise 5:11,1648:5 82:2

expires 100:17explain 22:20 49:5

55:1 79:14explained 40:5explains 39:2explanation 54:11

76:11exposure 88:14extra 54:1extraneous 24:18extrapolate 90:7extrapolation 90:16eye 56:15eyes 56:16

f

f 101:1f13 35:3,22,24 36:6

37:2f13.50 35:5f1637 43:3f1637-02 38:1f1637-09 37:25f1637-95 37:23

97:15face 57:18,19facing 25:25fact 27:3 28:8 29:22

31:1 33:11 42:4,7

44:12 58:4 62:1370:7 74:3,7 75:4,1278:20 80:12 81:2391:5 92:10 95:7

factor 62:19 83:8,1491:16

factors 20:24 21:6,828:6 46:16,18,20,2547:3 48:1 50:1154:20 60:24 65:379:19 93:18

facts 59:6,12 61:774:13,22,23 76:2080:17 82:18,1885:22

factual 62:15,1669:21

faculty 21:20fair 36:25 59:20,21

59:24 69:18fall 11:15 12:12

20:24 26:12 41:745:1 46:16 61:564:7,8 65:13 67:587:11,11,11 89:1689:21

falling 30:1 45:3,1545:17

falls 68:12,15 84:1485:23

familiar 19:25 95:995:14,21

family 7:10 8:3far 6:7 28:13 61:20

63:21 68:9 77:2590:8,9,17 91:594:24

fashion 41:19,21faster 57:21,24february 1:14 99:10

99:12 100:11101:18 103:3

federal 16:16 39:13fee 16:25

feel 68:1,7 98:22feet 27:16,19 28:17

28:20,20 29:15 45:245:15 46:24 56:286:14 93:10,11 95:4

fell 65:24 67:13,1567:17,18 78:13 79:492:15

felt 64:22ferguson 10:10field 5:10,16 51:14

78:9figure 39:1 54:9file 3:12 11:1,2 13:2

15:15,17,18 17:1719:19 20:8,10,19

filed 99:16,18files 13:3finally 80:1find 25:1 50:13,20

67:23 70:21 87:12findings 88:16fine 50:3 52:20 57:5

97:13finished 7:15,21fire 71:8firm 10:2,12 14:16first 6:3 10:7 11:3,6

12:4 27:11 29:8,835:16 44:21 58:2367:13 88:6 93:996:25 99:12

fit 26:25five 47:15fix 86:16,19,19fixed 24:3fl 1:13fl.com. 6:6flat 29:22 30:1

34:15flavor 90:10floor 22:25 27:18

32:12 57:1 95:4floors 11:16 29:22

29:25 30:1

[evaluation - floors]


florida 1:17 8:8,99:12 28:18 29:2439:6 100:4,8,16101:2,5,22 103:2

flush 31:22focus 14:7 24:19

56:8 63:4,5focused 88:22focuses 58:13focusing 69:3,8follow 16:16 34:4

42:23 86:7 87:25followed 42:24 86:9follows 4:4foot 27:22 28:2,21

47:15 49:12,13,1449:14 70:20 93:10

footwear 35:4force 22:9foregoing 101:6foreseeable 31:21forgot 27:7forgotten 61:6form 4:15 21:2

44:17 51:9 59:5,1061:15 62:9 64:568:17 69:4 70:172:10 74:5,12,2076:13,25 77:7 78:1481:5 84:20,25 85:285:5 94:17 102:19

formed 8:23former 7:6formulate 59:7,13

74:24fort 103:2forth 35:18 38:5

61:22fortunate 41:13forum 34:17forward 24:1,5 26:4

26:12 45:4,18found 8:13 25:2

64:6 76:1

four 9:19 16:1818:11 46:11 99:16

foveal 93:24 94:1fraction 93:11frame 3:23 24:10

25:6,19,19,21,2226:12,17,19,19 88:6

frames 19:11 23:125:16 26:15 27:1370:3

frequency 88:1289:4

frequently 90:10friction 30:2friday 1:14 103:16frieda 15:8 67:16front 21:20 23:18

35:20,22 96:25ft 1:13full 4:22 6:1 76:8

91:1function 50:21 88:9further 24:8 39:2

57:21 67:24 86:1093:3 99:14 101:12

furtherance 12:24future 64:14 72:15

87:15

g

ga 2:5,11 103:7gainey 13:22gait 3:21 47:19

50:20,24 51:3,13,1851:25 52:2,9,12,2353:3,12,15 54:355:3,3

gate 3:22gather 23:13general 47:21 49:17

57:14 71:16 89:2generally 29:17

51:12,20,23 58:3,1658:19 88:17

generate 17:22 19:9generated 12:4

17:22 18:19 24:20generating 13:4,5gentlemen 42:22georgia 1:1 4:11getting 10:16 56:17

76:9give 6:25 13:12 31:2

43:10 59:12 60:762:25 68:22 74:14

given 5:2 46:1561:18 91:5 98:20

gives 90:10giving 59:6 61:9go 7:12 11:21 13:8

16:15 17:25 18:419:18 30:17 32:134:20 55:11 61:5,785:16 88:13 91:896:22

goes 25:5 27:9 35:2035:22,23 39:1 78:17

going 5:1,6 8:25 9:39:7,12,14,25 13:915:12 19:20 21:1223:25 24:25 25:227:3 32:23 33:2334:8,13,15 37:12,1442:19,20,21 44:1244:22 49:10 55:1556:6,7,24,25 57:257:23 58:14,15,2258:25 61:21 72:5,2173:13,22 91:7,19,2196:9 99:6,19

good 20:23 46:2,1347:17 48:1 81:3

granted 6:21 21:18graphic 24:11graphics 17:22 19:8grates 32:19gravity 45:15,18great 14:4 88:18

grew 7:1,7gross 13:23 30:20

37:18 38:6 40:272:21 77:13 79:1280:5 92:5,16,21,22

ground 26:13 58:983:13

grounds 59:11group 21:21guard 84:9,9guarding 84:18guardrail 12:13

40:12guess 52:8 53:22guide 56:4guideline 71:16

h

h 3:8 6:4 51:4 102:1half 30:10,14,17

76:7hand 23:1 100:10handbook 21:6,8

48:1 93:18handle 17:25handwritten 3:19

3:23 23:18hannifin 8:13happen 10:22 45:5happened 39:13

41:25 62:25 65:1570:24

happening 19:576:19

happens 45:14hard 59:16 96:8hardware 31:21,25

32:9,13,13 38:8,1538:16,21

hatches 32:18hazard 29:12 30:5

44:4 56:8 63:24,2564:1,4 65:8 68:569:9,10,13,21 78:2379:18,19,24,25 80:1

[florida - hazard]


80:2,5,12,15,1584:8,8,9 85:13,1585:17 88:15 89:792:11,15 95:14

hazards 65:5,582:22 85:18 92:1096:11

head 25:18 50:656:13,14,15

heads 10:10health 6:22hear 10:7heard 55:19 63:4hearing 99:7heavily 33:7height 28:25 46:24

47:12,15 83:8,11hejzlar 1:9 3:4 4:2,6

5:23 6:3,4,5 96:1899:5 100:8 101:6103:4,10

help 9:13 10:20 22:122:10 60:10 70:1679:15

helped 26:24helpful 98:16,18helps 10:13hereof 101:8hereto 101:8hereunto 101:17hey 49:21hierarchy 84:18high 7:15 28:12

45:13 89:4 94:8higher 27:23 57:16

58:4,10 90:5highlight 14:6highlighted 14:13highlighting 31:6highlights 18:20hips 26:5 49:9historical 36:24historically 66:18hold 82:15 84:24

holdings 1:6hollis 2:3hooked 45:2hopefully 15:14hospital 29:23hospitals 29:25hour 17:10,11hours 11:8,9 103:16huge 5:11huh 65:16 84:16human 20:24 21:5,8

28:6,7 46:15,18,2046:24 47:2,6,2548:8 50:11 54:2065:3 93:18

humans 47:7hurry 5:4hypothetical 28:7

59:6,11 74:8,13,21hypothetically 59:2

i

idea 11:6 73:18,24identification 6:18

13:15 15:21 16:3,2217:15 18:15 19:1,1623:16 53:1,17

identify 50:1 98:9ignore 75:1ignoring 69:1ii 22:15illinois 9:8imagine 76:11imply 31:20important 24:19

78:5 88:7,8improve 64:18

87:13improving 84:4inadmissible 99:18inch 29:19 30:4,7,10

30:14,17 38:22,2439:3 40:4

inches 27:18,1928:22 58:9 83:13

incident 12:23 17:2319:5 22:23 42:857:6 63:9,9,9,21,2264:13 65:20,2067:14,25 68:5,10,2578:19 79:7,17 86:1388:13 89:22

incidents 63:7,11,1564:2 66:7,13,18,2266:25 67:3,4,6,2267:23,23 68:20 86:286:13 87:9,10,12

include 16:13 54:554:18 82:10 90:199:16

included 32:1451:18

includes 5:20 32:1674:21

including 7:1 14:1073:23 74:13 98:10

incorporating 69:16indicates 11:3indication 44:3indicia 75:12individual 3:20

22:22,25individuals 51:13industry 33:18 83:6informal 28:10information 3:11

10:16 20:3,3 29:1,332:5 46:2 54:10,2161:18 62:25 63:1064:4 66:17 67:869:20,21 70:13 71:378:5,7 90:17 92:1397:6 98:19,22

infringements 40:1initial 12:7 36:1initially 8:16 18:1

19:2,6injuries 89:7injury 61:6

inside 58:3inspect 72:4inspecting 70:15inspection 41:25

60:10,17installed 83:7instance 24:12

39:20,22 57:15 61:176:1 77:13

instances 18:6 30:863:7

institution 33:25instructive 70:21insufficient 56:12

63:18,19 74:22insurance 71:4intended 31:15 33:1interest 33:19

101:15international 33:14internationally

33:15internet 20:2interpreted 77:20interrogatories 14:1

90:24interrogatory 72:19interrupted 58:17introduced 4:18introducing 65:9introduction 51:4inventory 13:5,6investigate 68:20investigated 63:15

71:19 87:9investigation 1:12

63:17 68:15 71:1785:12 87:24

investigations 71:3investigators 71:9invoice 3:13 12:1,3

12:5 15:23involved 8:17,20

12:8 28:6 33:7 34:736:13 37:1,10

[hazard - involved]


involvement 12:2433:5

involves 55:15iran 7:7iraq 22:12irrelevant 62:22

78:22,25 79:5 80:384:21 85:5 92:13

issue 12:10 61:179:11 84:12 88:12

issues 12:7,21 29:1863:20

item 5:8items 17:17 24:3

38:2

j

j 6:4jacquelin 48:24

50:22 51:19 53:24james 2:9 103:5janelle 15:5january 6:11 12:4japan 22:2japanese 22:1,2jason 13:24jeff 30:20 37:18

38:6 40:2 72:2177:13 79:12 80:592:5,16,21

jeffrey 13:23jerk 86:24jim 59:14joanne 15:3job 8:10 87:17john 2:3join 33:21joined 9:22jonelle 65:14 67:1,5

67:13joseph 13:20jss 2:12 103:8july 64:7 83:24junction 32:17

june 6:10jury 41:15 42:16,19

42:22 43:2,6,1149:5 54:11 55:196:21

k

k 1:6 4:7 6:4 15:340:8 42:1 63:3,564:16,17 65:13,2567:17,20 69:2 81:1381:24 83:23 84:1985:12,19 95:5,10,15

kaes 15:3katmandu 71:4keep 56:15key 53:22 63:20kids 32:24kind 10:4,10 12:16

20:16 28:10,1131:17 48:17 49:253:20 56:4 60:1481:9 86:15 94:596:8

kinds 87:11kmart 1:6 103:9knee 86:24knew 27:5 29:11

43:22 44:3,9 60:2262:6 63:4,5,22,2469:2,3 73:25 74:179:25 80:3 98:23

know 5:11 6:7,1310:19 11:7,17,2314:20 17:20 19:2020:21 27:17 28:1428:18 30:2,20,2332:12 34:24 35:1135:11 36:3,17,21,2337:6 39:3,25 40:1040:11,12,20 43:744:21,23 46:1,2347:17,24 48:3 49:2456:12 57:11,1258:11 59:19 60:2,4

60:7,13,15 62:2,2263:8 64:21 66:5,966:10,15,23,24 67:267:6 70:8,18,1871:18,19 74:2576:16 77:23 78:2279:6 80:8,14 81:182:12,17,20 84:3,2285:18,22 86:1287:10,21 91:8 93:293:25 94:1,20,2595:18 96:3,6 97:11

knowledge 21:247:21 80:23

known 23:12 27:25korea 22:2

l

l 1:16 6:4 51:4label 23:14ladies 42:22lady 22:24 25:4,13

25:18,22 32:2543:14 47:20 65:1465:23

laid 22:19language 35:22

39:15,16,23large 1:17 40:19

101:5,22largest 33:9latest 28:9 36:4 37:9launched 22:7law 39:13lay 24:2laying 23:5lead 75:20leaning 45:19learned 49:18lee 29:23 100:5

101:3left 7:13 26:3,4,6

45:10 49:13,1472:17 97:10

leftover 36:18leg 26:3,4,6,7,7

27:22 44:2,15 45:845:10,11,20 50:1274:1

legs 45:13length 103:17letter 17:8 103:13letting 19:20level 38:25 96:9library 5:11 20:23

21:24life 39:7 81:11lift 26:7,7 27:16,19

28:2,17,17,21 29:1545:20 49:12 55:3

lifting 27:21,2228:20 44:15,1550:13

lifts 28:13 44:245:13 74:1

limine 99:17limited 88:17 90:3line 55:11,15 99:7

102:3lines 49:8,9list 3:11,14 13:5,6

14:10,15,19 16:7,1316:19 20:14,1730:24 46:8 94:22

listed 14:16 96:22103:13

literally 69:1 70:22literature 48:8 52:3

54:21 77:21litigation 9:23 94:5

94:8,9,10 97:7little 6:8 47:20 79:9

84:6llc 2:4located 40:19logistics 10:10long 11:17,19 25:9,9

34:23 50:3 91:22,23

[involvement - long]


longer 25:19 32:442:9

longest 66:4look 12:18,21 25:15

36:11 39:5 41:15,1543:13 49:1,4,8 56:256:4 65:1 68:13,2071:15 72:3 76:1879:19 90:19 91:1191:12

looked 12:9 14:1231:8 50:4 58:1287:17 89:21 94:2

looking 8:9 12:7,1114:13 23:11,2429:24 56:10,1158:13,16,19 59:2,2059:23,24 83:12 84:488:23 91:7,19,2493:21

looks 57:9 58:13lot 9:23 17:25 22:11

28:17 29:4,11 33:239:13 47:2 48:1,748:10,11,25 56:1,1457:10 77:14,17,21

low 59:4 94:8lydia 1:3 13:22 41:7

47:11 59:2,19 60:2561:13 63:4 64:767:14,18 69:3,2270:7 73:10 79:484:15 85:23 103:9

m

mail 3:16main 103:1maintained 31:22majority 94:15making 13:1 26:10

39:25 40:8 60:2463:2 81:2,3 91:6

malone 89:10malvin 15:1

man 21:7management 1:6manager 8:17,19,19managers 9:4,4manages 57:5manhole 32:16manipulating 24:21manipulation 41:9manner 41:16 56:20manual 21:11,22

22:4,14 49:22manufacturer 72:1

72:3,6 82:18march 100:17marina 8:3mark 6:15 13:9

15:19 16:19 17:1318:12 20:6 31:552:17,19,21

marked 3:9 6:10,176:21 13:15 15:2016:2,21 17:14,1818:14,25 19:1623:16 52:25 53:1788:20

marketing 10:11mart 4:7 40:8 42:1

63:3,5 65:13,2567:17,20 69:2 81:1381:24 83:23 84:1985:12,19 95:5,10,15

mart's 64:16,17material 5:9 48:11materials 5:7,21

11:24 12:9 20:1121:15,24 33:1347:23 48:20 60:1580:10 99:15

matter 11:18,2113:18 31:1 55:1457:14 103:21

matters 4:16mature 32:25mean 28:8 35:16

45:25 47:5,14 54:6

57:12 62:19 66:368:7 70:2 83:2,2087:10 91:4 93:795:19 96:10

meaningful 8:10means 14:21 75:5measure 21:7 93:18measures 42:5medicine 22:12meetings 37:11member 33:23membership 33:21

35:13memorial 29:23memory 20:1men 93:19mentioned 16:11,12

18:16 37:19 54:255:2,3,6,17,20,2359:16 67:3

mentions 31:19merging 10:1mesh 91:20method 22:7methodologies

22:10methodology 42:24methods 84:5michael 51:4middle 7:7mind 96:9minimum 34:8minute 50:16 88:24

90:18minutes 50:1 88:19

88:21 89:13,14,1789:18,20

mischaracterizes68:18

mislead 31:5missed 73:19 96:11missing 16:8misstated 72:11misstates 44:18 69:5

74:6 81:6

misstating 61:1662:10 76:14 78:15

mitigate 87:14mitigating 85:15

87:23mitigation 87:23moment 23:13monday 16:9 103:16monitored 86:10month 65:23 67:14

67:17 90:14months 64:6 65:15

67:13morning 96:6motion 24:5 53:23

99:17motions 25:14move 9:8,12 25:20moved 8:7 75:21

80:23 99:11,11movement 47:5,6

56:15 76:12movements 26:15moving 25:5 41:17

45:18multiple 32:2municipalities 39:20murray 15:9 67:16myers 1:13 103:2

n

n 2:1 3:1 6:4name 4:22 6:1,3,3,4

22:14 33:14 101:18named 65:14,23nancy 13:19 65:23

67:15naples 8:15 9:7navy 22:9ne 2:10 103:6near 9:8 32:12 40:19necessarily 21:1

24:14 52:22 56:293:21

[longer - necessarily]


necessary 74:23need 15:14 20:6

23:20 27:10 30:1760:16 64:20 71:1486:15 87:12

needed 37:16 43:2044:4 87:18

needs 10:14 45:1197:21

negative 34:2194:18

negotiating 56:17neither 101:12never 40:24 41:1,1

78:20 95:16,25,25new 6:15 9:9,14

24:20 42:14nice 47:20nine 5:8,14,21normal 27:6 47:20

50:21norris 14:24notary 1:17 100:7

100:15 101:4,22notation 31:4note 37:21 53:7notes 3:19,23 23:18notice 1:10 4:6 5:20

5:23 20:8 31:18noticed 6:10 95:25number 5:8,14,21

7:25 8:5 16:2019:14 20:15 25:1825:19 26:2,3 31:1231:13 35:2 38:1150:24 53:8 71:1190:13

numbered 5:21 23:123:22 25:4

numbers 20:14 23:223:3 37:20 89:8

numerous 28:1456:24

o

o 103:5oath 4:3 100:2object 5:1,6,17

57:24 59:10 62:974:20 76:25 78:1484:20 85:2,4 93:493:12 94:17

objecting 5:13objection 5:8 44:17

51:9 59:5 60:161:15 68:17 69:470:1 72:10 74:5,1276:13 77:7 81:585:6

objections 4:12,1484:25

objects 92:4 93:16obscurement 91:21observing 26:5obstacles 47:9obstructing 92:1obstruction 28:23

31:17 42:6 45:1260:22 74:2

obstructions 60:14obtain 13:6obvious 69:10obviously 14:13

18:9 21:4 28:1433:1 47:1,24 48:648:10 49:12 57:10

occupational 6:22occur 66:7occurred 12:23

22:24occurs 49:3 86:25

87:6,6offer 96:21offered 9:13office 103:15,16oftentimes 71:9oh 10:18 32:12 37:9

45:25 54:8 57:17

okay 6:15 7:4 13:4,715:16 16:19 18:2220:6 24:25 27:1828:2,17 33:9 34:1,234:4 38:13,21 39:1140:6 49:16 50:7,1654:20 55:25 56:367:11 68:11 69:1075:19 76:1,9 78:496:1,3 97:13,20

old 28:19older 28:15,15,16oldest 33:8once 30:7 35:12,21

43:10 44:13ones 23:5,6 34:6

41:12 54:25,25 67:396:22

open 17:1 69:981:18,18

opening 17:8opine 48:5 67:24

75:2opinion 42:25 43:7

43:10,21 44:8 65:1768:23 71:1 73:2476:21 97:16 98:5

opinions 42:2063:14 75:6,7 78:180:10 96:20

opportunity 98:9,11opposed 72:16

82:16opposing 99:15options 85:15,19order 28:21 29:13

49:10 59:12 70:10organization 33:8organized 20:13original 24:15osha 81:21outcome 101:15overall 64:25 84:4overview 6:25

owners 34:5

p

p 2:1,1p.m. 1:15,15 99:22

103:16packed 8:7page 18:11 38:16

39:2 52:11 53:2354:2 75:10 101:8102:3

pages 17:7 52:8,2453:13,19,24 54:1

painting 83:25 84:284:11

panning 89:14paper 28:9papers 29:4 48:8

49:25parameters 48:19parker 8:13 36:12part 5:13 10:2 17:7

17:19 20:23 21:623:19 24:18 27:1127:12 29:7 31:1834:22 36:12 39:1240:12 44:19 53:2154:17 60:17,1877:20 83:1 84:2285:11 91:18,1993:17,17,17

partial 64:23participated 35:9participating 33:20particular 10:15

11:2 12:11 23:125:1 28:6,6 31:833:3 35:2,3 41:446:19,22 47:1149:22 50:23 53:356:8 65:20,21 67:2568:5,5,10,25 69:979:8 82:2 86:1388:10 95:10

[necessary - particular]


particularly 27:2032:6 35:5 52:4 95:9

particulars 47:10parties 71:14 101:13parts 91:13 93:2,20party 101:14passed 37:6 89:17passing 88:24path 56:20pathological 50:21paths 31:22pathway 81:16pattern 66:8pay 59:1 96:10paying 56:6 98:7pc 2:9 103:5peachtree 2:10

103:6peak 90:5pedestrian 31:22

32:20peer 21:22 48:2,7

49:21 51:6penalties 102:18people 8:14 9:3,19

10:12 18:7 27:12,1628:16 29:6,13,15,1829:20,21,25 30:3,832:11 35:18 47:349:2 56:1 57:1764:22 71:19 78:1379:3 85:19 88:9,988:25,25 89:17,2089:23 95:9,11,12,12

perceive 12:15percent 94:8,8,10percentage 94:4perception 48:14perfectly 29:22 30:1period 26:16peripheral 56:3,5

57:22 58:22 77:1991:11 92:3

perjury 102:18

permission 21:18permitted 90:3perry 48:24 50:22

51:7,19 52:12 53:354:3,10

perry's 53:15,19,25person 10:13 12:13

27:3,6 28:5,12 34:341:17 44:21 46:2258:12 64:8 73:2178:7,8,23 88:2391:2 95:19 97:2598:7

personally 7:1 14:1035:7 54:14 68:777:23 82:12 99:19

perspective 25:942:2 64:12,16,17,2564:25 65:3 73:15,1779:21 82:23 85:1389:3 93:17,22 96:3

pertain 97:17pertained 35:14ph.d 103:10ph.d. 1:9 3:4 6:21

21:6,11,12 47:2593:13 100:9 103:4

phase 22:15philadelphia 7:20

7:23photograph 23:3photographs 22:17

22:23 23:2,11,2224:4,21,22 42:3,542:21 48:14 53:960:13 70:2 83:19,21

photos 22:19 43:11phrase 5:14physical 47:19

70:15,18pick 10:13picked 98:12picture 88:18pictures 3:20

place 1:12 12:2281:24 82:16

placement 70:20plainitff's 53:12plaintiff 1:4,11 2:3

24:1 47:11plaintiff's 6:16

13:11,25 14:11,1715:19 16:1,5,2017:13 18:12,22,2419:14 20:17 23:1223:19,21 52:2453:14 54:4 89:16,2190:24 99:17

plaintiffs 94:11plan 96:21plans 42:11plant 8:14 9:7,8,9

9:10,14plants 9:1,3,5 26:4play 24:23 77:25please 4:22 6:1 7:5

13:9 15:15 23:2273:3 99:4 103:15

plenty 81:17plus 13:20point 7:10 25:4

37:14 42:14 43:1646:8,10 63:17 64:386:18,23 91:7,898:15

points 43:5policy 16:16polymer 7:24 8:12portion 24:16 33:3

42:9 73:5 85:10portions 14:6,13

48:3,4 50:25 83:20position 26:8,24

41:17 45:7,16 49:456:13 60:3

positioned 25:1545:9,10 49:10

positions 25:2577:18

possession 36:19,20possibilities 78:4possibility 91:10possible 61:6 76:17

76:17,23 77:6,978:4 80:24

possibly 12:20potentially 69:11

71:24,25 72:2 84:2practice 4:11 41:5

97:16preliminary 14:6premise 79:16 80:11premises 60:12 63:3

68:3,23 69:14 81:1283:24

preparation 6:910:24 19:10

present 5:9 29:1292:23

presentation 46:1597:6

presented 28:9presents 51:21 65:6preservation 71:2preserve 71:10,13

71:17preserving 71:12,20pretty 19:17 22:6,6

39:8 47:17 50:1358:24 69:9 79:1389:21 94:23

preventive 22:11previous 92:13previously 18:16

20:11 38:20 46:1597:7 99:9

primarily 8:12principles 77:16print 20:2printed 18:19prior 10:19 11:12,17

44:18 61:16 62:1064:6 66:13,25 67:1768:12,18,20 69:5

[particularly - prior]


72:11 76:14 78:1581:6,7 84:14 85:2389:20 103:19

privilege 85:1privileged 4:16probably 6:12 11:9

11:19 12:2 23:3,632:23 45:2 46:850:1 54:25 57:20,2358:11 69:19 88:2394:9 95:1

problem 54:1956:17 72:17

problems 28:1666:5,10 89:6 92:23

procedures 8:20,21proceedings 101:10proceeds 43:25process 24:25 32:15

33:18 34:23 35:1035:23 37:12 46:21

processing 57:5produced 12:1

15:23 34:7 35:2436:1 41:14 97:7

producer 33:24producers 34:6,9,11

34:18producing 33:9 34:7product 8:18 17:17

17:19professional 3:15

7:3 16:24 17:1394:4

professionals 21:2172:13

progressing 24:4prohibit 40:11project 10:15projects 9:24 17:1prompt 103:21proper 71:13property 34:5 66:21proposed 67:12

prove 42:15provide 17:1 62:23

81:16provided 16:6 17:21

19:6 26:25 42:378:2

provides 69:20provisions 5:24

81:11public 1:17 100:7,15

101:4,22publication 21:15

21:23 28:10 39:5publications 21:10

21:10published 29:4,9

48:8,9,25purposes 4:9,10

23:8 59:22pursuant 1:10 4:6

4:11pushing 91:15put 20:16 31:19

44:13,24 55:13 76:693:8 99:7

putting 25:8

q

qualified 68:1,8quality 8:16,19,21

8:23 9:4 45:2546:12 56:12

quarter 29:19 30:430:7,9 38:22,2439:3 40:3

question 4:15 11:555:19,25 57:8 59:1161:16 66:20 74:2177:1,8 78:15 81:683:9 84:21 91:397:15 98:1

questions 4:12,1472:15 81:7 96:14,1899:1

quickly 50:13quite 40:25quote 39:17 85:24

90:24 91:3

r

r 2:1 6:4 101:1102:1,1

radar 93:6rail 12:13 26:10,11

31:14 32:22 40:1841:22 42:9 56:2357:7 58:4,10,13,1459:4,19,25 61:1462:21 63:22 65:1465:24 66:3 67:1970:7,15,22 71:2172:2,3,5,6,8,1473:10,23 75:12,1475:15,21,24 76:3,1276:24 79:4 81:1282:13,14,19 83:9,1583:25 84:14 86:3,387:6 88:15,22,2492:24 95:4,17 98:1098:23

rails 57:10ramp 30:19ramped 30:11,18ran 8:5 94:9ransome 13:20reaching 54:22reacting 65:7reaction 86:24read 6:5 30:21 35:15

38:20 73:3,4 78:1281:9 85:9 99:4,6102:18 103:11,15

reading 66:16 80:9103:14,18,19

realizes 43:25 45:11really 5:4 17:6 19:18

41:2 43:8 48:2560:6 67:24 73:2188:18 90:9 91:9

92:13reason 27:6 31:11

51:20 55:23 60:2176:3,4

reasonable 76:1978:2 91:2 95:397:25

reasonably 12:2329:14 30:15 32:2040:9 60:12 65:1868:2,4,8 95:8 97:1

reasons 31:12recall 10:9,17 11:14

31:7 37:1,10 40:2141:2

receive 13:3received 11:24

13:23,24 20:1272:20

recognition 76:280:2

recognizable 58:1179:20

recognize 57:20,2458:14,15 80:13,15

recognized 10:251:13 68:6 69:13,2275:12,14,15,2078:23 79:24 92:11

recollection 37:498:18

reconstruct 12:1941:6,11 46:12 71:1172:17

reconstruction12:20 26:23 45:22

record 4:23,25 5:15:19 6:2 38:2065:12 68:12 99:5,14

recross 3:3redesigned 86:4redirect 3:3refer 7:4 17:16 23:2reference 19:23

23:8 24:3 47:23

[prior - reference]


48:20referenced 18:23

22:18 103:19references 40:3

72:24,25referencing 35:25referring 11:1reflect 12:2reflective 83:22refresh 20:1regard 37:7 40:4

46:16 47:11,2248:13 50:11 60:1177:12 82:3,10

regarding 15:1349:23 97:5

reinsert 24:22reinserting 24:16related 14:8 20:25

21:1,3 47:2 66:6,2167:24 69:14 93:21

relates 50:20 68:25relative 66:19 79:6

101:13relatively 47:16

89:4relevance 85:3relevant 54:24

60:20,21 64:3 79:2292:14

relied 54:14,21relocate 55:12rely 53:4 62:14 78:7relying 51:6remediate 86:24remediation 87:20remember 27:24

37:4 96:7,12remembering 61:4remove 65:8 85:17removed 42:9 64:22

64:23removing 84:18repetitive 43:8

reported 63:7reporter 73:4,7 85:9

101:4republic 7:11request 5:1 33:21requested 20:23

21:13,25 22:8 73:485:9 89:11

requests 5:20require 65:21research 8:18 9:24

28:11,24 29:17 30:548:2,7,24 49:4 50:250:8 51:15,22 68:970:10

researchers 29:11reserved 4:16 84:25resort 84:10respect 25:16 46:22

63:14 77:18 83:592:6

response 11:5 13:2559:7 61:11 90:23

responses 72:2096:23

rest 5:24restate 37:20restaurant 8:4results 51:22retailer 40:19 87:16returning 89:19

90:1review 12:7 13:18

14:5 43:11 70:1077:21 80:19

reviewed 12:25 14:214:3,10,16,21 15:515:8 21:22 48:2,749:21 51:6

revision 37:8,2538:1

revisions 36:2 37:937:14,24

right 9:17 11:213:12 14:20 19:4

26:6,7,7 27:22 28:430:22 31:7 36:438:10 44:8 45:1,845:11 49:12,14 55:262:4 70:8 74:475:13 77:3 79:384:13 85:7,25 87:188:16,23 94:2 95:397:12

road 2:10 96:6103:6

role 12:15,18 78:1rolled 7:11room 22:19root 67:23rosen 19:24,24,25rosters 36:18,19,22

36:24roughly 18:7 52:9rpr 1:16 103:23rule 38:22,24 40:4rules 16:17 35:7russians 7:11

s

s 2:1,9 3:8 15:3102:1 103:5

safe 12:23 14:9 29:929:14 30:15 34:236:16 40:9 56:2060:12 65:18 68:2,468:8,23 69:15 97:197:16

safer 40:13,14 65:2283:24 84:2 86:4,587:25

safety 6:22 8:20 9:429:24 35:4 39:746:22 63:3 64:12,2464:25 67:20 72:1381:11 82:23 84:485:12 93:16

sample 18:9,10 90:390:11

save 72:14saved 71:22 72:7,8saw 48:13,22 61:23

69:12 70:7 73:2,1073:12 76:24 78:2095:16

saying 4:4 14:1424:11 54:8 61:2562:5,6 74:18 75:375:13,19 76:3 80:1192:16

says 31:20 32:1661:24

scenario 59:17scene 42:8schedule 16:25scheduled 99:9school 7:9,15science 7:20 51:16scientific 1:12 34:19

78:3scotland 7:17,18screen 17:23 19:9

22:18 24:9,15,16,1724:23 25:3,8,11,1225:17,23 26:2,341:20

screens 24:8seal 100:10 101:18seals 36:12search 11:9sears 1:6second 13:25 22:3

25:8 27:12 31:284:24 88:6 90:23

section 24:22 32:938:7,19,20,25 40:449:21 53:3

sections 35:15 40:749:24 50:23 52:4,552:6 53:6

security 26:20 46:962:17

see 10:24 18:6 22:1723:23 24:2,4 25:13

[reference - see]


25:14,23 26:9,2427:13,16,20,21 33:240:15,16,17,2141:16 42:6,24 43:1445:19 52:7 56:1657:7,17,20 58:3,5,958:10,23 59:3 60:1560:19 61:2,10,20,2161:25 62:21,2463:11 64:10,13,1865:21 68:13 69:1470:17,19,22,2571:14 73:2 74:1576:20 77:19,19 78:581:20,22 83:16,2186:2,10,12 87:891:23 92:4,10,14,1893:9,11,16 97:2598:9,12

seeing 25:17 27:237:5 49:5 56:960:13 61:8,14 73:1973:20,21 78:1883:19 92:24

seen 40:18,24 41:259:25 60:3 62:1276:10 81:9 91:2,1491:17 95:11,12,25

sees 73:17 78:8select 26:18selected 8:22 52:6seminar 71:7senior 46:17sense 54:12 76:8sent 13:17 17:8sentences 35:19separate 23:20

53:24separately 18:20sequence 44:20sequential 41:16series 42:21serve 99:19service 59:4 99:14

services 3:15 16:2417:5,13

session 101:10set 13:3 15:12 86:11setting 8:20 11:10seven 8:22 86:14sewer 32:19shah 7:9shape 64:5she'd 95:24,25sheet 11:2shelf 21:17shelton 13:22shift 26:5,6 48:16

49:6,11 55:2shifting 50:12shopping 24:6 34:5

82:15shore 8:4short 5:22 26:15

47:16 50:18 65:990:21

shot 24:15,16,17,2325:4,12,12,19

shots 25:8 41:1445:20

show 42:15 47:1856:13

showed 94:22shows 25:21 60:22

75:13 91:2 92:11shuffle 28:19,19shut 9:7side 24:2,2,9 69:2sidewalk 32:18sideways 91:24sighted 65:9sign 99:6 103:11,15signature 17:7significance 55:10significant 6:13 23:4

51:3,14 55:8 72:177:25 85:13

significantly 25:527:23 63:6 82:20

89:6signing 103:14,18

103:19signs 47:18similar 32:5,19 46:7

63:13 64:8,12 66:20similarly 78:11simply 43:17 65:6sincerely 103:22sit 21:17 49:20

63:17 68:1site 6:6 22:16 41:25

60:2,10,17 70:16situation 30:21 40:7

58:20 65:7 68:1684:19 85:24 87:1792:7,8

situations 87:14size 83:3skimming 14:12slider 2:4slight 26:15slip 11:15 20:24

46:16 87:11small 9:18,19 18:9

90:11smaller 57:24smooth 11:16society 21:14,23

33:13 34:10software 24:12,14somebody 10:13

28:21 32:22 33:2569:11 71:10 72:586:2 87:23 88:13

somebody's 21:17somewhat 63:18soon 11:23 86:25sorry 52:13 58:17

64:15sought 4:17sound 34:19sounds 44:8 78:10

92:22

south 7:13,16speak 24:12 70:3speaking 57:14speaks 67:10specific 37:3,18,23

51:24 63:14specifically 11:14

21:1 27:15 37:1,861:4 67:2 93:15

specifics 54:23speculating 78:8speculation 77:8speed 28:12spell 6:2spent 7:15 22:1 94:5

97:8split 17:23 19:9

22:18 24:7 25:3spread 82:16st11cd0676 4:8st11cv0676 1:5stable 26:8 27:22stage 15:12stainless 83:17,20standard 29:9 31:4

31:8,9,16,20 32:1,432:7,8,8 33:3,8,1933:20 34:1,14,16,1934:22 35:2,16 37:1437:16,22 38:7,17,1838:19 39:10,11 43:343:4 47:2,2 57:1997:16

standardization29:13

standardize 22:10standards 20:25

32:3,16 33:6,10,1133:15,17,18 34:4,1334:24 35:9,24 36:1437:5,5,18,20 38:339:5,17,19 40:971:4,12,19,23 81:1981:21 82:7,9,10

[see - standards]


standing 46:2392:24 93:1

stands 59:17start 4:24 9:20 13:4

13:5 25:8 30:8 91:793:8

started 7:8,16,178:9,25 9:15,2211:23,24 19:2 25:2236:15 66:18,18

starting 23:4,2525:13,20 52:9

state 1:1,1,17 4:7,226:1 29:24 40:2081:1 100:4,7,16101:2,5,22

stated 12:24 80:490:24 101:7

statement 62:10,2062:23

statistically 88:18steady 56:16steel 83:17,20 95:4step 12:13 28:3,7

43:25 44:2 45:8,1246:24 63:23 74:176:7,7 80:1,2487:19 92:12

stepping 26:9steps 26:3 28:25

49:2 69:23 76:886:7,9

steven 19:24stick 17:24sticking 95:4stills 19:3 41:9

43:14 61:3 78:6stipulated 4:13,19stop 17:25 32:23

103:15stopped 25:5 43:16store 41:4 90:1

95:10,13,16,21,2297:1 98:12

stored 81:24story 26:25 61:3stout 2:9 103:5straight 45:14 55:15

58:16,19,21 59:393:9

straightforward40:2

strawinski 2:9,94:13,19,24 10:17,1911:11 19:20 44:1751:9 53:7 55:19,2559:5,10 60:1 61:1561:18 62:9 68:1769:4 70:1 72:1074:5,12,20 76:13,2577:7 78:14 81:584:20 85:2,4 94:1796:13,15,17 99:1,20103:5,5

strawlaw.com 2:12103:8

street 2:4 103:1strictly 39:10strike 40:23strong 33:17struck 48:14structure 35:18students 7:21studied 28:8 29:6

63:10 67:22 79:7,7studies 49:1 78:9

93:20 96:4study 29:14 40:21

40:22,24 65:2186:11

studying 47:2577:18

stuff 47:24 48:1subcommittee 35:21

35:21subconscious 96:9subject 22:23 29:2,3

72:5 102:19

submit 21:14submitted 3:11

28:25subpoenas 99:16subscribed 101:17subsequential 36:2subsequently 19:8substance 71:7

102:19substantially 63:12

64:11 66:20sued 72:2sufficient 59:12

63:10,19 64:4 74:1398:24 103:17

sufficiently 71:10suggest 64:4suggests 72:20suite 2:10 103:6suits 10:14summaries 18:17,18summarized 88:20

89:10summary 18:11supermarket 11:15supplemental 13:25

72:20 90:23support 9:23 40:17

70:10 73:18sure 7:2 11:23 13:13

23:15 28:3 31:332:11 36:16 43:945:25 48:15 54:1658:18 66:23 79:1381:2 82:20 86:1590:19,20 96:19,2396:24 98:2

surface 30:18 31:1531:21,25 32:9,13,1333:1 38:8,15,1683:22

surfaces 29:1030:14,19 31:2332:17 34:3 36:1739:4 97:16

surprised 95:17,18surrounding 31:23

70:14surveillance 13:23

61:8 97:6swing 27:17sworn 4:3 62:20

100:9system 34:20 40:24

47:7systems 3:13 9:17

10:1,3,4 15:23 82:382:4

t

t 3:8 51:4,4 101:1,1102:1,1

table 20:9,10,1822:19 23:5,12

take 23:22 24:2132:11 34:24 42:2043:25 46:4,13 47:1049:2,4 50:16 62:763:8 74:3,7,18 75:482:25 86:7 87:2,1987:21 90:18 99:12

taken 1:10 4:9 16:922:21 30:11 50:1854:10 78:9 86:8,1890:21 101:7,11103:10

takes 11:8 25:9 45:8talk 29:5talked 15:16 20:11

30:20 47:3 50:1278:3 98:2,4

talking 23:6,9 35:838:3,6,7,14,15,2349:7 54:23 64:1673:16,16 76:15

talks 31:16taller 57:22tanks 7:12tape 42:5

[standing - tape]


teams 22:12technical 22:15technique 26:22television 17:24tell 11:13 40:9 42:16

42:19,22 43:6 56:1061:3 77:11

telling 43:1 78:695:23

tells 27:5,23 43:1956:19 65:19 88:14

temporary 9:13terms 3:15 4:12

12:15 16:24 17:1222:18 23:21 28:2447:19 49:17,1850:12 54:20,2357:14 63:2 91:16

testified 4:4 47:1551:11 73:11

testify 90:25 94:1197:5

testimony 3:14 4:1716:6,7,13 31:1044:18 46:8 61:16,1962:6,7,10,12,1466:17 67:10 68:1869:5 72:11 73:574:6 76:14 78:1580:19 81:6 85:1094:22 95:23 99:8101:9

testing 21:15,2433:13

textile 7:22 8:11textiles 7:20thank 10:6 15:11,25

18:13 20:7 50:1753:11 54:2 59:1473:6 99:2,21

theories 51:7,11theory 51:10 72:22

77:24 78:11,16,2278:25 91:2 92:6,2393:13,24

thing 19:22 39:1143:1 44:21 45:753:5 64:22 67:887:8 97:20

things 14:7,19 17:2035:11 40:14 49:1955:1 56:5 57:4,1784:1 87:21 90:19

think 6:8 9:18 14:1416:16 19:17 30:2331:4 32:4 37:3 40:240:6 44:9 46:1147:19 50:10 51:2453:6 54:3,17,2458:5 60:16,20,2161:2 62:11 70:9,1271:5 72:12,19 73:173:13,14,20 75:1178:5 80:18 86:2387:9 88:8,19,1994:14 96:24 97:7,12

third 22:5 51:3thompson 1:16

100:7,15 101:4,21103:23

thoroughly 97:18thought 68:22 84:24

85:3three 9:11,18 34:24

68:12 84:14 85:2387:6

tilting 56:14time 1:15 4:17 5:22

7:11,13 8:14 9:1,1710:1,18 11:19,2512:9 19:4 22:1,1426:16 29:9 32:236:13,18 41:3 61:466:4 73:22 76:1883:6,6 87:22 89:2294:4 96:5 97:8 99:7103:17

times 50:25 56:1566:19 87:7 90:6

tip 44:6tired 8:6today 17:2 35:8

49:20 63:17 68:1toe 26:10,11 27:17

30:9toes 27:21told 68:11 84:13

95:15tools 41:10top 26:11 32:22total 90:13touched 84:5tough 61:4tracie 1:16 100:7,15

101:4,21 103:23traction 35:4,5training 22:11 77:11

82:2,13 90:25 97:24transcript 101:9

102:2 103:13,15,17103:20

transfer 47:8 49:3transferred 10:2transition 30:18

39:8transitioning 39:4translated 22:2translating 22:1trauma 61:5traversed 90:13trial 3:14 4:18 16:7

16:13 42:13,16 46:7tried 27:25 63:23

69:13 79:25 92:12tries 31:19 44:2

69:23trip 29:20,21 41:7

46:10 64:7,8 65:1367:5 68:15 69:1276:6 84:14 87:11

tripped 44:6 65:2467:13,15,17,1878:13,21 79:4 92:20

tripping 29:12 30:5trips 68:12 85:23true 101:8 102:18try 12:19 41:10

64:13 75:18 84:9trying 12:13 26:25

28:22 32:25 43:846:12 52:7 54:1366:14,23 81:2 98:8

turn 26:2 43:17 91:6turned 92:15,19turning 45:6turns 25:25 27:9

43:24 44:25 45:7tv 41:20two 11:20 25:7

26:18 30:14,1834:24 66:7 67:1175:23 76:8 89:1394:24

tying 75:23type 9:22 10:11

11:15 12:12 39:1541:21 48:7 73:194:10

typical 16:25 34:4typically 10:12 12:6

17:17 25:7 28:1736:23 57:17 81:1587:10

u

uh 65:16 84:16undergraduate 7:22understand 5:5

26:14 61:11,1286:23

understanding 23:931:24 46:21 51:1561:3 66:12,15,1682:14 91:1 92:17

understands 31:20unique 33:17unobstructed 91:13

[teams - unobstructed]


unreasonable 30:632:21 64:1,5 90:4

unreasonably 29:2040:16 69:15,1580:12 89:5

unusual 40:23unweighted 49:14updated 6:20 17:8usable 89:16usage 88:14use 31:9 33:18 34:16

39:18 41:10 43:351:9 54:25 56:360:24 65:4,4 66:866:20 88:9 89:497:15

user 33:23 34:2,11users 34:17usually 11:7utility 32:19utilize 84:5utilized 30:2

v

valid 32:4valley 1:3 4:6 13:22

47:11 59:2,20 60:2561:13 63:4 67:1469:3,12 70:7 73:273:10 79:4,17,2480:13 85:23 98:11103:9

valley's 41:7 64:767:18 84:15

vallon 18:4,4,17,21value 21:16 62:15

62:16,24variables 67:12varies 94:7,12variety 82:18veritext 103:1version 17:9versions 32:3versus 4:6 94:5

video 3:20 13:2317:21 18:1,4,922:22 24:13,1926:20 27:20 28:1241:9,13,14 45:2546:9 49:7 56:960:14,22 61:2,8,1062:14,17 69:1770:19 73:23 74:1675:1,2,5,7 76:2178:6,17 80:22 88:388:5,19,21 89:1792:11 97:7 98:17,21

videoed 29:7videos 98:17videotape 56:12view 24:8,9 60:5

77:18 89:14 91:9,1291:19,25 92:1 97:22

viewpoints 45:23violating 39:11violation 40:15visible 23:6 25:20

84:1,3 89:16vision 56:4,5 57:20

58:22 77:20 91:1192:3 93:24 94:1

visual 72:22 73:1677:12,14,24 78:1178:25 91:1 92:5,2393:13,16,23 97:2097:21

visually 57:25vitae 3:10voluntary 39:10vote 34:21 35:11,13votes 35:14voting 34:12,20

35:12 38:2vs 1:5 103:9

w

w 51:4,4waived 103:19

walk 27:12 32:20,2543:17 47:8 49:256:20 91:13

walked 75:22,2492:15

walking 18:7 24:1,527:16 28:25 29:930:14,18 31:15,2131:25 32:17,22,2433:1 34:2 38:8,1538:16 47:18 51:1655:14,16 56:3 60:589:1,23,25 93:997:16 98:7

walks 28:12walkway 32:9,13

36:17 38:25 39:4want 5:3 13:8 23:19

26:23 31:5 38:1052:21 54:5 59:870:10 90:18 91:896:21

wanted 19:3,2521:15 32:10 36:1553:4 62:7

warning 37:1684:10,11,18

washington 2:4watch 88:3watched 18:5watching 41:19water 71:8way 13:2,9 17:9

18:1 20:13,23 25:325:6,11,14,24 31:2033:22 36:11 39:3,2552:7,7,10 56:458:24 62:12 64:5,2465:3 66:24 67:670:23 71:13 72:1573:11 84:7 86:594:20 98:21

ways 33:2 40:1365:1

we've 12:1,9 15:1617:18 20:10 24:1825:11 29:6 30:24,2535:8 38:1 47:3 53:655:4 70:3 77:1778:3 84:5 88:1995:7 96:22,23 97:197:8 98:4

web 6:6weeks 9:11weigh 68:2,8weight 26:4,6 46:23

47:8,13 48:16 49:349:6,11,13,15 50:1255:2 61:9

welcome 73:7went 7:8,13,21,24

9:11 12:3 17:1032:15 38:5 41:1042:18 46:7 63:2192:18 94:14,20

whatsoever 64:9whereof 101:17white 19:13 57:1whittle 3:21 51:4,7

52:2,12,14,23 53:13wide 81:16 93:10,10wider 93:4width 81:18winters 8:7withdraw 85:6withdrawn 5:22witness 3:3 4:3

13:13 15:22 16:2317:16 18:16 19:2,1744:19 50:19 51:1253:10 56:1 59:7,1360:2 61:17 62:1168:19 70:2 72:1274:7,14,15,23,2576:15 77:9 78:1681:8 84:22 85:1194:19 99:4,16100:10 101:9,17102:23

[unreasonable - witness]


woman 21:8women 93:19word 51:10words 17:4 54:13

80:21work 10:4,11 11:21

15:13 17:17,19 18:329:23 34:18 48:2577:17 79:21 94:6,1096:5

worked 7:24 8:169:2 10:17 11:1116:14 17:20 82:7,994:15 95:16,24

working 9:3 10:411:25 19:3 22:532:3 35:12 36:12,15

works 14:5world 33:9 34:14worldwide 9:2

33:12worse 65:6 86:20wrap 90:19write 35:7 39:24

102:2writing 33:5,8written 35:17wrong 40:3 42:15

69:25 70:6 72:21,2373:10 76:23 77:4

www.georgialawy...2:6

x

x 3:1,8

y

yeah 23:24 30:23,2435:16 37:9 47:648:18 57:17,2069:19 72:14 74:1175:22 86:9 95:23

year 6:22 11:20 17:917:11 28:19 35:2546:7 94:7,7,9,13,1394:24,25

years 7:15,17,25 8:28:5 10:5 11:19,2016:18 33:10 34:2437:23 48:6 50:866:4 77:17 95:16,24

yellow 83:25 84:2yesterday 99:19

z

z 6:4,4zdenek 1:9 3:4

100:8 101:6 103:4103:10

zdenk 4:2 6:3zoom 24:12

[woman - zoom]


1 in the state court of athens-clarke … in the state court of athens-clarke county state of...

Documents