EXHIBIT 1

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 1 of 54
Putney, K. 2020-10-07

Colors

Plaintiff Affirmatives

Defense Objections

Defense Counters

Plaintiff Objections

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Putney, K. 2020-10-07 2

Designation Objection RULINGS

9:15 - 9:19 Putney, K. 2020-10-07

 9 15 Q. Good morning, Ms. Putney. As I said, my name is

 9 16 Hariklia Karis and I represent the 3M Defendants in

 9 17 this case. Could you please state your name for the

 9 18 record?

 9 19 A. Kasidy Putney.

13:21 - 14:2 Putney, K. 2020-10-07

 13 21 Q. You do not have a claim in this case against 3M

 13 22 involving the Combat Arms Earplugs v.2.

 13 23 Correct?

 13 24 A. Correct.

 13 25 Q. Have you ever used the CA --- what we're going to

 14 1 call a CAEv2 earplugs?

 14 2 A. No, ma'am.

16:3 - 17:1 Putney, K. 2020-10-07

 16 3 Are you aware that Dustin has been deposed in this

 16 4 case, that is, given testimony similar to what you're

 16 5 doing here today?

 16 6 A. Yes, ma'am.

 16 7 Q. Okay.

 16 8 Did you discuss his deposition with him?

 16 9 A. No, ma'am.

 16 10 Q. How did you know he was deposed?

 16 11 A. We live together.

 16 12 Q. Okay.

 16 13 A. And we have a child together.

 16 14 Q. Fair enough. But did he tell you that he was

 16 15 going in for a deposition?

 16 16 A. He did tell me he was going, but we didn't discuss

 16 17 any details.

 16 18 Q. Okay.

 16 19 Did you discuss anything generally with him about

 16 20 it?

 16 21 A. No, ma'am.

 16 22 Q. So at no time between the time Mr. McCombs was

 16 23 going in for his deposition until today have you

 16 24 discussed one word about his deposition even though you

 16 25 live together. Is that your testimony?

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Putney, K. 2020-10-07 3

 17 1 A. Yes, ma'am.

24:6 - 24:8 Putney, K. 2020-10-07

 24 6 little bit. You gave me your date of birth. Can you

 24 7 tell me your educational background?

 24 8 A. I'm a registered nurse.

24:14 - 24:20 Putney, K. 2020-10-07

 24 14 Q. Where do you currently work?

 24 15 A. Cardinal Recovery.

 24 16 Q. And what is your role at Cardinal Recovery?

 24 17 A. My designated role is office manager.

 24 18 Q. What are your job responsibilities as office

 24 19 manager?

 24 20 A. Maintaining all employees, HR.

24:25 - 25:4 Putney, K. 2020-10-07

 24 25 Q. How long have you been at Cardinal Recovery?

 25 1 A. I took a year off with my son, but after that

 25 2 since May or June of 2019.

 25 3 Q. What is Cardinal Recovery?

 25 4 A. It's an inpatient drug and alcohol abuse facility.

25:5 - 25:12 Putney, K. 2020-10-07

 25 5 Q. How did you become affiliated with Cardinal

 25 6 Recovery?

 25 7 A. The owner is my mother.

 25 8 Q. How large of an operation is Cardinal Recovery?

 25 9 How many employees?

 25 10 A. It's a small business, 13 to 15 employees.

 25 11 Q. How long has it been around?

 25 12 A. Since 2016.

Re: [25:5-25:12]

Pltf Obj 401; 403

SUSTAINED

25:13 - 25:15 Putney, K. 2020-10-07

 25 13 Q. Dustin McCombs also works at Cardinal Recovery.

 25 14 Correct?

 25 15 A. Yes, ma'am.

25:16 - 25:17 Putney, K. 2020-10-07

 25 16 Q. How long has he been working there?

 25 17 A. I don't know the exact date.

25:18 - 25:25 Putney, K. 2020-10-07

 25 18 Q. Did he start before you or after you?

 25 19 A. Before me.

 25 20 Q. What does Dustin do at Cardinal Recovery?

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 4 of 54
Putney, K. 2020-10-07 4

 25 21 A. He is --- he has his license in counseling.

 25 22 Q. So he's a counselor there?

 25 23 A. Yes, ma'am.

 25 24 Q. When did you first meet Dustin?

 25 25 A. Around September 2017.

26:1 - 26:13 Putney, K. 2020-10-07

 26 1 Q. Where did you meet him?

 26 2 A. His sister and I are close friends and we met

 26 3 through that.

 26 4 Q. Which sister? It's my understanding there's more

 26 5 than one sister.

 26 6 A. Natasha Smith.

 26 7 Q. Is that when you first met Mr. McCombs?

 26 8 A. Yes.

 26 9 Q. How soon after you first met Mr. McCombs did you

 26 10 begin any personal relationship with him?

 26 11 A. I don't know the exact date. Within a couple

 26 12 months.

 26 13 Q. Okay.

26:14 - 26:17 Putney, K. 2020-10-07

 26 14 Was Mr. McCombs engaged at the time you met him?

 26 15 A. No, ma'am.

 26 16 Q. Was he in another relationship at the time?

 26 17 A. No, ma'am.

Re: [26:14-26:17]

Pltf Obj 401; 403

SUSTAINED

26:18 - 26:19 Putney, K. 2020-10-07

 26 18 Q. When was your son born?

 26 19 A. October 2018.

26:23 - 26:24 Putney, K. 2020-10-07

 26 23 Q. And what is your son's name?

 26 24 A. Zane.

28:10 - 28:13 Putney, K. 2020-10-07

 28 10 Q. So Mr. McCombs moved back from Chattanooga and

 28 11 moved in with you.

 28 12 Is that correct?

 28 13 A. Yes.

28:16 - 28:20 Putney, K. 2020-10-07

 28 16 Q. Can you describe Mr. McCombs? What was he like as

 28 17 a boyfriend when you first met or first started a

 28 18 relationship with him?

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 5 of 54
Putney, K. 2020-10-07 5

 28 19 A. A typical new relationship. He was great. Like I

 28 20 mean I don't know --- really know how to describe that.

29:5 - 30:7 Putney, K. 2020-10-07

 29 5 Q. From the time that you lived with him in March of

 29 6 2018 until now, are you aware of at any time Mr.

 29 7 McCombs getting mental health treatment from a

 29 8 psychiatrist, psychologist, or other counselor?

 29 9 A. Yes.

 29 10 Q. When did Mr. McCombs get mental health treatment?

 29 11 A. I don't know the exact time or date.

 29 12 Q. Okay.

 29 13 Approximately how far into your relationship did

 29 14 he begin getting such treatment?

 29 15 A. I don't know.

 29 16 Q. Is he currently getting such treatment?

 29 17 A. He has recently, but I don't know --- I can't

 29 18 remember time or dates.

 29 19 Q. So the two years, two and half years that you've

 29 20 been with him, on how many occasions are you aware of

 29 21 him getting treatment approximately, mental health

 29 22 treatment?

 29 23 ATTORNEY BARTLETT:

 29 24 Object to the form.

 29 25 THE WITNESS:

 30 1 A few times. I don't know a number.

 30 2 BY ATTORNEY KARIS:

 30 3 Q. Less than a handful? Less than five?

 30 4 ATTORNEY BARTLETT:

 30 5 Object to the form.

 30 6 THE WITNESS:

 30 7 I would say five or more.

30:16 - 31:21 Putney, K. 2020-10-07

 30 16 Q. Have you ever gone to a treatment with him or a

 30 17 doctor's appointment, psychiatrist, psychologist,

 30 18 counselor?

 30 19 A. No.

 30 20 Q. Does he ever discuss his therapy with you?

 30 21 A. No.

 30 22 Q. Does he tell you for what he's getting mental

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 6 of 54
Putney, K. 2020-10-07 6

 30 23 health treatment?

 30 24 A. No, he doesn't discuss. He's a private person.

 30 25 Q. Okay.

 31 1 Now at the time that you met Mr. McCombs, can you

 31 2 describe for the jury what his drinking was like,

 31 3 alcoholic drink, alcohol drinking?

 31 4 A. When we first met, I would say social.

 31 5 Q. And define social because different people have

 31 6 different definitions of social.

 31 7 A. A couple times a week.

 31 8 Q. So a couple times a week he would drink?

 31 9 A. Not like excessively like.

 31 10 Q. Let's start with how frequently he would drink. A

 31 11 couple times a week?

 31 12 A. If that, yes.

 31 13 Q. Okay.

 31 14 And on those couple occasions per week that he

 31 15 would drink, approximately how much alcohol would he

 31 16 consume?

 31 17 A. One or two drinks.

 31 18 Q. Has that changed at any time in the course of your

 31 19 relationship with him?

 31 20 A. We have a toddler now. So we don't get to do that

 31 21 stuff and go out and drink. So no, it's less.

32:18 - 33:23 Putney, K. 2020-10-07

 32 18 And is it your testimony that his drinking is

 32 19 pretty much controlled to one or two drinks per time

 32 20 and then he drinks a couple time a week at most?

 32 21 A. At most.

 32 22 Q. Okay.

 32 23 Do you know whether Mr. McCombs has had a drinking

 32 24 problem in the past?

 32 25 ATTORNEY BARTLETT:

 33 1 Object to the form.

 33 2 THE WITNESS:

 33 3 He doesn't discuss his past a lot. I know

 33 4 that he drank heavily or more heavy in the past before

 33 5 I came along. When I came along, it slowed down

 33 6 tremendously.

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 7 of 54
Putney, K. 2020-10-07 7

 33 7 BY ATTORNEY KARIS:

 33 8 Q. When you say he drank more heavily in the past,

 33 9 what is your understanding of how much he would drink?

 33 10 A. I don't know. I just know it was more than once

 33 11 or twice a month or once or twice a week.

 33 12 Q. So he's never discussed what amount, if any,

 33 13 additional drinking he did in the past.

 33 14 Is that correct?

 33 15 A. Not with me.

 33 16 Q. Has he ever discuss his mental health issues with

 33 17 you?

 33 18 ATTORNEY BARTLETT:

 33 19 Object to the form.

 33 20 THE WITNESS:

 33 21 He's told me that he suffers from certain

 33 22 mental illnesses, but he doesn't go into detail.

 33 23 BY ATTORNEY KARIS:

33:24 - 34:4 Putney, K. 2020-10-07

 33 24 Q. Has he told you what mental illnesses he suffers

 33 25 from?

 34 1 A. Yes.

 34 2 Q. What mental illnesses has he told you he suffers

 34 3 from?

 34 4 A. PTSD mainly.

Re: [33:24-34:4]

Def Obj Hearsay

SUSTAINED

34:5 - 34:7 Putney, K. 2020-10-07

 34 5 Q. When did you first learn that he suffered from

 34 6 PTSD?

 34 7 A. End of 2017, beginning of 2018.

35:12 - 35:18 Putney, K. 2020-10-07

 35 12 Q. What other medical issues are you aware of that

 35 13 Mr. McCombs suffers from?

 35 14 A. Tinnitus, sleep depravation, exhaustion.

 35 15 Q. Anything else?

 35 16 A. He has hypertension.

 35 17 Q. Anything else?

 35 18 A. The PTSD. I don't know if I said that.

Re: [35:12-35:18]

Def Obj Objection 701

OVERRULED

36:11 - 36:19 Putney, K. 2020-10-07

 36 11 Q. As a registered nurse, do you know what it takes

 36 12 in order to be diagnosed with tinnitus?

Re: [36:11-36:19]

Def Obj Objection 701

SUSTAINED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 8 of 54
Putney, K. 2020-10-07 8

 36 13 A. Tinnitus is a --- something that is hard to

 36 14 diagnose because it's --- you're listening to what the

 36 15 patient is telling you.

 36 16 Q. It's 100 percent subjective based on what the

 36 17 patient says.

 36 18 Correct?

 36 19 A. Correct.

37:8 - 38:22 Putney, K. 2020-10-07

 37 8 Q. Sleep deprivation, do you know whether Mr. McCombs

 37 9 has taken any medicine for sleep difficulties?

 37 10 A. Over-the-counter medication.

 37 11 Q. What over-the-counter medication has he taken for

 37 12 sleep issues, related issues?

 37 13 A. ZzzQuil.

 37 14 Q. Anything else?

 37 15 A. Not that I can think of.

 37 16 Q. You live with him.

 37 17 Correct?

 37 18 A. Yes.

 37 19 Q. Does he have any prescriptions for any sleep

 37 20 related issues?

 37 21 A. Not at the moment.

 37 22 Q. Has he during the course of the past two and half

 37 23 years that you've lived with him?

 37 24 A. He's been on a medication called Trazodone, but

 37 25 that can be used for several other things including

 38 1 sleep.

 38 2 Q. Okay.

 38 3 And when --- strike that.

 38 4 How often has Mr. McCombs been on Trazodone in the

 38 5 two and half years that you've been with him?

 38 6 A. He has taken it less than five times.

 38 7 Q. Five times total in two and half years?

 38 8 A. Five times or less. It makes him not --- he

 38 9 doesn't like the way it makes him feel.

 38 10 Q. Are you aware of any other medications,

 38 11 prescriptions that Mr. McCombs has taken to address his

 38 12 sleep deprivation?

 38 13 A. No, ma'am.

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Putney, K. 2020-10-07 9

 38 14 Q. You say he doesn't take Trazodone because he

 38 15 doesn't like how it makes him feel.

 38 16 Is that correct?

 38 17 A. Correct.

 38 18 Q. And what is it that he feels when he takes

 38 19 Trazodone, as far as you know?

 38 20 ATTORNEY BARTLETT:

 38 21 Object to the form.

 38 22 THE WITNESS:

38:23 - 39:3 Putney, K. 2020-10-07

 38 23 I don't know a specific feeling. He just

 38 24 said I don't like the way it makes me feel.

 38 25 BY ATTORNEY KARIS:

 39 1 Q. And as a registered nurse, did he tell you what it

 39 2 is that it makes him feel?

 39 3 A. No.

Re: [38:23-39:3]

Def Obj Hearsay

OVERRULED

39:4 - 39:22 Putney, K. 2020-10-07

 39 4 Q. Okay.

 39 5 You also testified that he suffers from

 39 6 exhaustion?

 39 7 A. Yes.

 39 8 Q. Is that something that he's told you or is that

 39 9 something you've observed?

 39 10 A. Both.

 39 11 Q. Okay.

 39 12 When you say exhaustion, explain what you mean.

 39 13 A. He gets very minimal hours of sleep. And due to

 39 14 the body not having sleep, you are exhausted and you

 39 15 can't function and do your day-to-day living properly.

 39 16 Q. How many hours a night on average does Mr. McCombs

 39 17 sleep?

 39 18 A. Four at most.

 39 19 Q. Does Mr. McCombs take any medication

 39 20 over-the-counter or prescription to assist with his

 39 21 fatigue or exhaustion?

 39 22 A. No.

39:23 - 40:6 Putney, K. 2020-10-07

 39 23 Q. During the course of your two and a half year

 39 24 relationship, are you aware of him taking any

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 10 of 54
Putney, K. 2020-10-07 10

 39 25 medications, over-the-counter or prescription, to help

 40 1 with his fatigue or exhaustion?

 40 2 A. No.

 40 3 Q. Are you aware of Mr. McCombs ever not being able

 40 4 to function or perform at work because of his fatigue

 40 5 or exhaustion?

 40 6 A. I don't know.

40:16 - 40:22 Putney, K. 2020-10-07

 40 16 Has he ever complained to you that he hasn't been

 40 17 able to perform his work or meet his job

 40 18 responsibilities because of fatigue or exhaustion?

 40 19 ATTORNEY BARTLETT:

 40 20 Object to the form.

 40 21 THE WITNESS:

 40 22 I don't know specifically.

40:24 - 41:3 Putney, K. 2020-10-07

 40 24 Q. Well, I'm asking whether he has ever expressed to

 40 25 you that he can't do his job because of fatigue or

 41 1 exhaustion.

 41 2 A. He said before that he --- it's hard to make it

 41 3 through the day.

Re: [40:24-41:3]

Def Obj Objection: 401/402

OVERRULED

42:6 - 42:14 Putney, K. 2020-10-07

 42 6 Has Mr. McCombs ever told you that he cannot

 42 7 perform his work responsibilities because of sleep

 42 8 deprivation?

 42 9 A. Yes.

 42 10 Q. And when did he indicate that to you?

 42 11 A. I don't have a date.

 42 12 Q. Is it in connection with his Cardinal Recovery

 42 13 job?

 42 14 A. Yes.

Re: [42:6-42:14]

Def Obj Hearsay

SUSTAINED

43:6 - 43:25 Putney, K. 2020-10-07

 43 6 Q. Have you ever suggested to Mr. McCombs that he get

 43 7 any over-the-counter or prescription medicine to help

 43 8 him address either exhaustion or sleep deprivation?

 43 9 A. No.

 43 10 Q. You are a registered nurse.

 43 11 Correct?

 43 12 A. Yes.

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 11 of 54
Putney, K. 2020-10-07 11

 43 13 Q. And you're aware that there are definitely

 43 14 over-the-counter and prescription medicines to help

 43 15 somebody dealing with sleep deprivation or exhaustion.

 43 16 Correct?

 43 17 A. Yes.

 43 18 ATTORNEY BARTLETT:

 43 19 Object to the form.

 43 20 THE WITNESS:

 43 21 Yes.

 43 22 BY ATTORNEY KARIS:

 43 23 Q. And you care very much about Mr. McCombs.

 43 24 Correct?

 43 25 A. Yes.

44:1 - 44:8 Putney, K. 2020-10-07

 44 1 Q. And if you thought it was impairing his ability to

 44 2 function, would you have suggested that he take at

 44 3 least over-the-counter meds for it?

 44 4 ATTORNEY BARTLETT:

 44 5 Object to the form.

 44 6 THE WITNESS:

 44 7 I'm not for keen medication. They're

 44 8 habit forming.

Re: [44:1-44:8]

Def Obj Expert Opinion; foundation

OVERRULED

47:7 - 47:18 Putney, K. 2020-10-07

 47 7 Q. Well, since the time that you lived with him until

 47 8 today, are you aware of Mr. McCombs seeking or going

 47 9 for any therapy to address his PTSD issues?

 47 10 A. He's went for mental health appointment, but I

 47 11 don't know specifically if it was for PTSD. I know it

 47 12 was mental health.

 47 13 Q. And was that to a physician or for counseling?

 47 14 ATTORNEY BARTLETT:

 47 15 Object to the form.

 47 16 THE WITNESS:

 47 17 I believe it was a physician, but I just

 47 18 know it was at the VA.

49:21 - 50:2 Putney, K. 2020-10-07

 49 21 Q. Do you know during what years Mr. McCombs served

 49 22 in the military?

 49 23 A. As far as I know, 2008 to 2011.

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Putney, K. 2020-10-07 12

 49 24 Q. And can you tell us generally what you know about

 49 25 his years of service in the military from '08 to '11?

 50 1 A. I know that he was infantry and he lived in

 50 2 Alaska. That's as much as I know.

50:10 - 50:12 Putney, K. 2020-10-07

 50 10 Q. Do you know anything about the training that Mr.

 50 11 McCombs received while he was in the military?

 50 12 A. He's really private.

50:13 - 50:14 Putney, K. 2020-10-07

 50 13 Q. Is that a no?

 50 14 A. No. I'm sorry.

50:19 - 50:25 Putney, K. 2020-10-07

 50 19 Q. Do you know if he was exposed to an IED explosion

 50 20 while he was in the military?

 50 21 A. I don't know.

 50 22 Q. Has Mr. McCombs ever discussed whether he wore

 50 23 hearing protection while he was in the military?

 50 24 A. Yes.

 50 25 Q. Okay.

Re: [50:19-50:25]

Def Obj Foundation

SUSTAINED

51:1 - 51:17 Putney, K. 2020-10-07

 51 1 Tell me what you know about Mr. McCombs' hearing

 51 2 protection while he was in the military.

 51 3 A. I know that they were given the hearing

 51 4 protection. I don't know much about it. I know that

 51 5 they were given it.

 51 6 Q. Do you know what type of hearing protection he was

 51 7 given?

 51 8 A. Ear pieces.

 51 9 Q. Do you know what type of ear pieces?

 51 10 A. I don't know what they look like or anything or

 51 11 what they are.

 51 12 Q. Do you know who the manufacturers were or what ---

 51 13 anything about those ear pieces?

 51 14 A. As far as I know, it was the 3M company.

 51 15 Q. Are you aware of other earplugs that Mr. McCombs

 51 16 wore while he was in the military?

 51 17 A. No.

Re: [51:1-51:17]

Def Obj Foundation

SUSTAINED

52:3 - 52:6 Putney, K. 2020-10-07

 52 3 Q. From who did you find out that Mr. McCombs wore,

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 13 of 54
Putney, K. 2020-10-07 13

 52 4 at least some of the time, the 3M earplugs when he was

 52 5 in the military?

 52 6 A. From him.

52:3 - 52:15 Putney, K. 2020-10-07

 52 3 Q. From who did you find out that Mr. McCombs wore,

 52 4 at least some of the time, the 3M earplugs when he was

 52 5 in the military?

 52 6 A. From him.

 52 7 Q. What did he tell you?

 52 8 A. He said I wore earplugs. He didn't go into detail

 52 9 about the earplugs.

 52 10 Q. And how did you know they were 3M earplugs?

 52 11 A. From him.

 52 12 Q. What did he say about them being 3M earplugs?

 52 13 A. He just said that they were 3M earplugs.

 52 14 Q. Anything other than that?

 52 15 A. No.

52:7 - 52:15 Putney, K. 2020-10-07

 52 7 Q. What did he tell you?

 52 8 A. He said I wore earplugs. He didn't go into detail

 52 9 about the earplugs.

 52 10 Q. And how did you know they were 3M earplugs?

 52 11 A. From him.

 52 12 Q. What did he say about them being 3M earplugs?

 52 13 A. He just said that they were 3M earplugs.

 52 14 Q. Anything other than that?

 52 15 A. No.

Re: [52:7-52:15]

Def Obj Hearsay 801/802

SUSTAINED

52:16 - 52:21 Putney, K. 2020-10-07

 52 16 Q. Did he ever tell you how frequently he wore the 3M

 52 17 earplugs?

 52 18 A. No.

 52 19 Q. Did he ever tell you whether he wore the 3M

 52 20 earplugs in training or in combat?

 52 21 A. No.

52:22 - 53:15 Putney, K. 2020-10-07

 52 22 Q. You told us that you were aware Mr. McCombs

 52 23 suffers from tinnitus.

 52 24 Correct?

 52 25 A. Correct.

Re: [52:22-53:15]

Def Obj Objection Hearsay 801/802

SUSTAINED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 14 of 54
Putney, K. 2020-10-07 14

 53 1 Q. How did you first learn that Mr. McCombs suffers

 53 2 from tinnitus?

 53 3 A. Shortly after our relationship began, he told me.

 53 4 Q. What did he tell you?

 53 5 A. That he has to have the TV on at night loudly

 53 6 because he can't get the ringing --- the buzzing to go

 53 7 away.

 53 8 Q. Okay.

 53 9 Does he do anything at work that you're aware of

 53 10 to compensate for any hearing or buzzing?

 53 11 ATTORNEY BARTLETT:

 53 12 Object to the form.

 53 13 THE WITNESS:

 53 14 I think he sometimes will listen to music

 53 15 on his laptop when he's working.

55:12 - 55:12 Putney, K. 2020-10-07

 55 12 A. Not that I'm aware of.

55:16 - 55:23 Putney, K. 2020-10-07

 55 16 Q. Now on the tinnitus, did Mr. McCombs ever tell you

 55 17 when he first experienced any ringing in his ear?

 55 18 ATTORNEY BARTLETT:

 55 19 Object to the form.

 55 20 THE WITNESS:

 55 21 I don't know when he first experienced it.

 55 22 He told me he was experiencing it a couple months after

 55 23 we got together, but I don't know the first experience.

Re: [55:16-55:23]

Def Obj Hearsay Objection 801/802

OVERRULED

55:24 - 55:25 Putney, K. 2020-10-07

 55 24 BY ATTORNEY KARIS:

 55 25 Q. Okay.

56:1 - 56:3 Putney, K. 2020-10-07

 56 1 Did he ever tell you how frequently he experiences

 56 2 tinnitus?

 56 3 A. As far as I know all of the time.

Re: [56:1-56:3]

Def Obj Objection Hearsay 801/802

SUSTAINED

58:1 - 58:7 Putney, K. 2020-10-07

 58 1 Am I correct that you don't recall Mr. McCombs

 58 2 ever discussing with you an IED blast that he was

 58 3 involved in while he was in Afghanistan?

 58 4 ATTORNEY BARTLETT:

 58 5 Object to the form.

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Putney, K. 2020-10-07 15

 58 6 THE WITNESS:

 58 7 He has not discussed it with me.

59:13 - 59:18 Putney, K. 2020-10-07

 59 13 Q. Has he ever discussed with you what, if any,

 59 14 effect the tinnitus has had on him before you ever met

 59 15 him?

 59 16 A. When he told me about his sleeping, he told me

 59 17 that's always affected him from the tinnitus, but he

 59 18 didn't say when it started.

Re: [59:13-59:18]

Def Obj Hearsay Objection 801/802

SUSTAINED

59:24 - 60:1 Putney, K. 2020-10-07

 59 24 Q. Have you ever asked him how long he's been

 59 25 suffering from sleep-related issues?

 60 1 A. If I ask, he says a long time.

Re: [59:24-60:1]

Def Obj Objection Hearsay 801/802

SUSTAINED

60:13 - 60:18 Putney, K. 2020-10-07

 60 13 Q. Has Mr. McCombs ever told you anything about

 60 14 telling any physicians, psychologists, psychiatrists,

 60 15 or counselors about his tinnitus?

 60 16 A. He has said that spoke with his doctor about it,

 60 17 but he didn't tell me when. I don't know a time when

 60 18 he --- his doctor.

Re: [60:13-60:18]

Def Obj Hearsay 801/802

SUSTAINED

61:2 - 61:9 Putney, K. 2020-10-07

 61 2 Q. Has Mr. McCombs ever told you anything at all

 61 3 generally or specifically about seeking any medical

 61 4 treatment at all for his tinnitus?

 61 5 ATTORNEY BARTLETT:

 61 6 Object to the form.

 61 7 THE WITNESS:

 61 8 Like I said, he has said that went to the

 61 9 doctor for tinnitus, but that's all that I know.

Re: [61:2-61:9]

Def Obj Hearsay 801/802

SUSTAINED

63:23 - 63:25 Putney, K. 2020-10-07

 63 23 I'm asking whether you're aware of anything

 63 24 sitting here that Mr. McCombs has done in the course of

 63 25 the past two and a half years to address his tinnitus?

Re: [63:23-63:25]

Def Obj Objection: Foundation 602

OVERRULED

64:10 - 64:18 Putney, K. 2020-10-07

 64 10 All I know is he's went to the VA for it.

 64 11 That is all that I know.

 64 12 BY ATTORNEY KARIS:

 64 13 Q. And that time that he went to the VA, do you know

 64 14 whether that predated your relationship?

Re: [64:10-64:18]

Def Obj Objection: Foundation 602

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 16 of 54
Putney, K. 2020-10-07 16

 64 15 ATTORNEY BARTLETT:

 64 16 Object to the form. Asked and answered.

 64 17 THE WITNESS:

 64 18 Yes. I guess it has.

65:21 - 65:23 Putney, K. 2020-10-07

 65 21 Q. Does Mr. McCombs --- to your knowledge, does Mr.

 65 22 McCombs ever shoot firearms?

 65 23 A. Not regularly.

66:23 - 69:19 Putney, K. 2020-10-07

 66 23 In a course of a year, how often does Mr. McCombs

 66 24 shoot?

 66 25 A. I don't even know of one time. Probably one time.

 67 1 Q. Have you ever gone shooting with him?

 67 2 A. One time.

 67 3 Q. And where did you go?

 67 4 A. An indoor range.

 67 5 Q. Where was that at?

 67 6 A. At a place called Bridgeport.

 67 7 Q. And how did that come to be that you went shooting

 67 8 with him?

 67 9 A. A date night.

 67 10 Q. When was that?

 67 11 A. I don't know the exact date.

 67 12 Q. Can you give me an approximation year-wise?

 67 13 A. Last fall. 2019 fall.

 67 14 Q. After your son was born?

 67 15 A. Yes.

 67 16 Q. Did Mr. McCombs wear hearing protection when you

 67 17 guys were at the indoor range?

 67 18 A. We did.

 67 19 Q. I'm asking about his first. We'll get to yours.

 67 20 A. Yes.

 67 21 Q. What hearing protection did he wear?

 67 22 A. Both ear buds and headphones.

 67 23 Q. So he wore both ear buds and headphones at the

 67 24 same time?

 67 25 A. Yes.

 68 1 Q. What ear buds did he wear? When you say ear buds

 68 2 are you talking about plugs or are you talking about

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 17 of 54
Putney, K. 2020-10-07 17

 68 3 something else?

 68 4 A. Plugs, yes.

 68 5 Q. Do you know what plugs he wore?

 68 6 A. No.

 68 7 Q. Where did he get the plugs, if you know?

 68 8 A. At the range.

 68 9 Q. So whatever plugs the range had is what ---?

 68 10 A. They're just the regular foam plugs.

 68 11 Q. Okay.

 68 12 So he used the foam plugs when he was at the range

 68 13 with you.

 68 14 Correct?

 68 15 A. Along with the head phones.

 68 16 Q. Okay.

 68 17 And when you say the head phones, you mean the

 68 18 headset, the muffs that cover over the ears.

 68 19 Is that correct?

 68 20 A. Yes.

 68 21 Q. Where did Mr. McCombs get those?

 68 22 A. He brought them.

 68 23 Q. Does he own those?

 68 24 A. Yes.

 68 25 Q. And can you describe those for us?

 69 1 A. They're like across your head and then muffs on

 69 2 both ears.

 69 3 Q. Did he explain why he wore both earplugs and

 69 4 headphones?

 69 5 A. He didn't explain.

 69 6 Q. What did you wear?

 69 7 A. The same.

 69 8 Q. You also wore earplugs and headphones?

 69 9 A. Yes.

 69 10 Q. And why did wear both earplugs and headphones?

 69 11 A. That's what I was recommended to do.

 69 12 Q. Who recommended that?

 69 13 A. Dustin.

 69 14 Q. Did he tell you why?

 69 15 A. No. He said put the earplugs in and put the

 69 16 headphones on.

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 18 of 54
Putney, K. 2020-10-07 18

 69 17 Q. Okay.

 69 18 And where did you get your headphones?

 69 19 A. Dustin.

70:3 - 70:13 Putney, K. 2020-10-07

 70 3 Have you seen Dustin wear earplugs at any other

 70 4 time other than when you were at the indoor range?

 70 5 A. He wears head --- not earplugs, but the muffs when

 70 6 he mows or does any sort of loud activities.

 70 7 Q. Any type of what?

 70 8 A. Loud activities or mowing.

 70 9 Q. Okay.

 70 10 And on those occasions when he does loud

 70 11 activities or mowing, does he always wear the head ---

 70 12 the earmuff type?

 70 13 A. Yes.

70:14 - 70:17 Putney, K. 2020-10-07

 70 14 Q. He doesn't wear ear buds or plugs when he's

 70 15 undertaking loud activities or mows.

 70 16 Correct?

 70 17 A. Correct.

71:2 - 71:6 Putney, K. 2020-10-07

 71 2 Q. What activities does Mr. McCombs wear the

 71 3 headphones at that you're describing as loud

 71 4 activities?

 71 5 A. If he's ever using any power tools or mowing, is

 71 6 the most I've seen him.

Re: [71:2-71:6]

Def Obj Objection Foundation 602

OVERRULED

71:17 - 71:20 Putney, K. 2020-10-07

 71 17 Q. What do you do for recreation, especially before

 71 18 you had your son. I suspect now it's a little tougher.

 71 19 A. We'd just go out to eat. We're family people.

 71 20 Game nights with family, but that's it.

73:3 - 73:7 Putney, K. 2020-10-07

 73 3 Q. Are you aware of Mr. McCombs going to an outdoor

 73 4 shooting range at any time?

 73 5 A. Not that I can remember.

 73 6 Q. Does Mr. McCombs hunt?

 73 7 A. No.

73:24 - 74:2 Putney, K. 2020-10-07

 73 24 Q. What type of power tools does Mr. McCombs use that

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 19 of 54
Putney, K. 2020-10-07 19

 73 25 he uses earphones with or any kind of plugs?

 74 1 A. If he has to, like a drill or --- I don't know. I

 74 2 don't pay attention to him outside.

74:24 - 75:15 Putney, K. 2020-10-07

 74 24 Q. Anything else? Any power tools?

 74 25 ATTORNEY BARTLETT:

 75 1 Object to the form.

 75 2 THE WITNESS:

 75 3 Power washer. I don't know if that's a

 75 4 power tool or not.

 75 5 BY ATTORNEY KARIS:

 75 6 Q. Okay.

 75 7 A. Or a spray washer or whatever they are.

 75 8 Q. Does Mr. McCombs use his headphones when he uses

 75 9 the power washer?

 75 10 A. Yes.

 75 11 Q. Okay.

 75 12 And how often does he power wash?

 75 13 A. Not very often.

 75 14 Q. How often does he use the drill, power drill?

 75 15 A. I've seen him less than five times.

76:8 - 76:20 Putney, K. 2020-10-07

 76 8 Q. And does Mr. McCombs always wear hearing

 76 9 protection when he's on the riding mower?

 76 10 A. Always when he's mowing.

 76 11 Q. And are there occasion when he's on riding mower,

 76 12 but not mowing?

 76 13 A. He has a couple times with Zane, but the mower

 76 14 isn't engaged.

 76 15 Q. Have you ever seen Mr. McCombs on a riding mower

 76 16 without hearing protection and the mower being engaged?

 76 17 ATTORNEY BARTLETT:

 76 18 Object to the form.

 76 19 THE WITNESS:

 76 20 No.

80:11 - 80:16 Putney, K. 2020-10-07

 80 11 Q. Ms. Putney, have you ever been to any doctors

 80 12 appointment of any kind with Mr. McCombs?

 80 13 A. When he got his knee surgery.

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 20 of 54
Putney, K. 2020-10-07 20

 80 14 Q. Other than his knee surgery, have you ever been to

 80 15 any other doctors appointments with him?

 80 16 A. No.

80:24 - 81:7 Putney, K. 2020-10-07

 80 24 Q. Has he ever described to you how often he hears

 80 25 this ringing in his ears?

 81 1 A. All of the time.

 81 2 Q. By all of the time, 24/7 every day?

 81 3 A. As far as I know.

 81 4 Q. Is that what he's described to you or is that what

 81 5 you've concluded?

 81 6 A. I think both. He just said all of time, so I

 81 7 concluded.

Re: [80:24-81:7]

Def Obj Hearsay 801/802

SUSTAINED

81:16 - 81:21 Putney, K. 2020-10-07

 81 16 Q. Has he ever described to you whether the tinnitus

 81 17 has changed over time?

 81 18 A. He says --- I think I've noticed it more after

 81 19 Zane was born because we have to have quiet and he

 81 20 isn't --- when we go to bed, he needs it quiet and he

 81 21 needs noise.

Re: [81:16-81:21]

Def Obj Objection: Hearsay 801/802

SUSTAINED

82:1 - 82:3 Putney, K. 2020-10-07

 82 1 Q. Has Mr. McCombs ever indicated that he can't

 82 2 perform any job --- any jobs around the house because

 82 3 of his tinnitus?

Re: [82:1-82:3]

Def Obj Objection: Hearsay 801/802

OVERRULED

82:4 - 82:9 Putney, K. 2020-10-07

 82 4 ATTORNEY BARTLETT:

 82 5 Object to the form.

 82 6 THE WITNESS:

 82 7 Sometimes due to the lack of sleep, he's

 82 8 always tired. So it's hard to do any extra work when

 82 9 you're working.

Re: [82:4-82:9]

Def Obj Objection: Hearsay 801/802

OVERRULED

82:12 - 82:20 Putney, K. 2020-10-07

 82 12 I'm asking whether he's ever said he couldn't do

 82 13 any jobs around the house because of the ringing in

 82 14 particular.

 82 15 A. Okay.

 82 16 Q. Let's start with that.

 82 17 ATTORNEY BARTLETT:

 82 18 Object to the form.

Re: [82:12-82:20]

Pltf Obj Cumulative (asked and 

answered)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 21 of 54
Putney, K. 2020-10-07 21

 82 19 THE WITNESS:

 82 20 Not that I know of.

82:23 - 83:2 Putney, K. 2020-10-07

 82 23 With respect to him not being able to do jobs

 82 24 around the house because he's tired, how often does

 82 25 that occur?

 83 1 A. I don't know. I mean, occasionally, a couple

 83 2 times a week. I don't know. He's always tired.

93:19 - 94:4 Putney, K. 2020-10-07

 93 19 Q. Are you aware of any recreational activities Mr.

 93 20 McCombs cannot participate in because of his tinnitus?

 93 21 ATTORNEY BARTLETT:

 93 22 Object to the form.

 93 23 THE WITNESS:

 93 24 If we take Zane to arcades or any type of

 93 25 --- Billy Bob's or Chuck E. Cheese, it's me and my mom.

 94 1 He doesn't go.

 94 2 BY ATTORNEY KARIS:

 94 3 Q. And is that because of his tinnitus?

 94 4 A. Yes.

94:5 - 94:15 Putney, K. 2020-10-07

 94 5 Q. Okay.

 94 6 And when did he tell you that he doesn't go to

 94 7 Chuck E. Cheese or wherever because of the tinnitus?

 94 8 A. When --- the first time I went.

 94 9 Q. Okay.

 94 10 A. I don't know when that was.

 94 11 Q. Is there anywhere else he doesn't attend because

 94 12 of the tinnitus based on what he has said?

 94 13 A. I mean, I know he tries to limit any type of loud

 94 14 noises. Basketball, football, any games, anything like

 94 15 that, he doesn't go to.

Re: [94:5-94:15]

Def Obj Objection: Hearsay 801/802

SUSTAINED

94:16 - 94:17 Putney, K. 2020-10-07

 94 16 Q. Okay.

 94 17 Are you aware of --- strike that.

94:18 - 94:25 Putney, K. 2020-10-07

 94 18 Has he ever said he can take hearing protection

 94 19 with him if he goes to a football game?

 94 20 ATTORNEY BARTLETT:

Re: [94:18-94:25]

Def Obj Objection: Foundation 602

SUSTAINED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 22 of 54
Putney, K. 2020-10-07 22

 94 21 Object to the form.

 94 22 THE WITNESS:

 94 23 I mean, he's never told me that, but who

 94 24 wants to wear hearing protection? They'd rather just

 94 25 not go.

97:7 - 97:15 Putney, K. 2020-10-07

 97 7 Q. Is there anything you've seen of Mr. McCombs' mood

 97 8 that you would consider atypical of how everyone ---

 97 9 sort of normal behavior of some days are better than

 97 10 others?

 97 11 A. I would say angry sometimes due to lack of --- or

 97 12 exhaustion. I mean, not --- the normal person isn't

 97 13 tired every day, all day, even if it's just --- I mean,

 97 14 he's tired all the time. When you get four hours of

 97 15 sleep or less ---.

98:14 - 99:3 Putney, K. 2020-10-07

 98 14 Q. Sitting here under oath, can you tell the jury

 98 15 whether Mr. McCombs has ever exhibited any behavior you

 98 16 would consider atypical ---

 98 17 ATTORNEY BARTLETT:

 98 18 Object to the form.

 98 19 BY ATTORNEY KARIS:

 98 20 Q. --- because of any conditions that you think he

 98 21 may have?

 98 22 ATTORNEY BARTLETT:

 98 23 Same objection.

 98 24 THE WITNESS:

 98 25 Lack of patience. I mean, usually people

 99 1 can keep their composure. Lack of patience when you're

 99 2 exhausted. Lack of patience when you have buzzing or

 99 3 ringing in your ears constantly.

Re: [98:14-99:3]

Def Obj Objection 701

OVERRULED

99:4 - 99:14 Putney, K. 2020-10-07

 99 4 BY ATTORNEY KARIS:

 99 5 Q. Has he ever said if he has this constant ringing,

 99 6 buzzing, lack of patience, why he doesn't go get

 99 7 treatment for it?

 99 8 A. There's really not a lot of treatment for it.

 99 9 Q. What about psychological treatment since he also

 99 10 suffers from PTSD?

Re: [99:4-99:14]

Def Obj Foundation

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 23 of 54
Putney, K. 2020-10-07 23

 99 11 A. Like I said, he has been a few times. I don't

 99 12 know how he feels about it. He doesn't talk about it.

 99 13 But there's not a lot of treatment. Psychological

 99 14 treatment isn't going to take away the ringing.

101:21 - 102:5 Putney, K. 2020-10-07

 101 21 Q. And, in fact, Mr. McCombs himself is a counselor.

 101 22 Correct?

 101 23 A. Yes.

 101 24 Q. Does any aspect of the counseling that he deals

 101 25 with have anything to do with dealing with PTSD.

 102 1 ATTORNEY BARTLETT:

 102 2 Object to the form.

 102 3 THE WITNESS:

 102 4 It could. I know they do coping, so maybe

 102 5 those type of counselings help him as well.

Re: [101:21-102:5]

Def Obj Foundation

SUSTAINED

103:16 - 103:21 Putney, K. 2020-10-07

 103 16 Q. What is the purpose of the counseling that he

 103 17 performs?

 103 18 ATTORNEY BARTLETT:

 103 19 Object to the form.

 103 20 THE WITNESS:

 103 21 Drug and alcohol abuse, coping mechanisms.

107:3 - 108:6 Putney, K. 2020-10-07

 107 3 Q. Ms. Putney, I want to ask you a couple more

 107 4 questions about Cardinal Recovery. Does Mr. McCombs'

 107 5 sister, Natasha Smith, also work at Cardinal Recovery?

 107 6 A. Yes.

 107 7 Q. What role does she have?

 107 8 A. She's a case manager.

 107 9 Q. And did she begin working there before or after

 107 10 Mr. McCombs as far as you know?

 107 11 A. After.

 107 12 Q. And what is the responsibility of a case manager?

 107 13 A. We have three levels of care which she's in a

 107 14 different level than Dustin. She's in --- called

 107 15 partial hospitalization level of care. And she is

 107 16 responsible for the guys that have left residential to

 107 17 now go to lower level of care, getting them licenses,

 107 18 taking them to doctors' appointments, just like

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 24 of 54
Putney, K. 2020-10-07 24

 107 19 casework type of ---.

 107 20 Q. And what level of care is Dustin in?

 107 21 A. He's in 3.5 residential inpatient.

 107 22 Q. And what does that entail?

 107 23 A. Twenty-four (24) hour monitoring. They live

 107 24 there. They're not allowed to leave without staff

 107 25 present. They can't go anywhere --- groups.

 108 1 Q. How many hours a week does Mr. McCombs work?

 108 2 A. Forty (40).

 108 3 Q. And what are his typical work hours?

 108 4 A. 8:00 to 5:00.

 108 5 Q. Monday to Friday?

 108 6 A. Yes.

108:18 - 109:19 Putney, K. 2020-10-07

 108 18 Does Mr. McCombs provide childcare for your son?

 108 19 ATTORNEY BARTLETT:

 108 20 Object to the form.

 108 21 THE WITNESS:

 108 22 What did you mean childcare?

 108 23 BY ATTORNEY KARIS:

 108 24 Q. Does he watch him?

 108 25 A. Oh, he does. But he doesn't --- like he won't

 109 1 listen to baby monitors or anything. He has --- he

 109 2 likes him to be awake and moving, and he wants to make

 109 3 sure he's alert and awake.

 109 4 Q. Okay.

 109 5 But when he's alert and awake, does he provide

 109 6 childcare for ---?

 109 7 A. Occasionally.

 109 8 Q. Are there times when he cannot care for your son?

 109 9 A. There have been.

 109 10 Q. And any times where he cannot care for your son

 109 11 because of medical issues?

 109 12 A. The exhaustion. That's been the only medical

 109 13 issue that would have caused him to not be able to

 109 14 watch him.

 109 15 Q. Other than the exhaustion?

 109 16 A. Not that I'm aware of.

 109 17 Q. Does Mr. McCombs miss work because of his

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 25 of 54
Putney, K. 2020-10-07 25

 109 18 exhaustion?

 109 19 A. He's taken off days.

110:9 - 110:10 Putney, K. 2020-10-07

 110 9 Q. Does Mr. McCombs provide financial support to you?

 110 10 A. To our family, yes.

111:8 - 111:12 Putney, K. 2020-10-07

 111 8 Are you aware of any lost income Mr. McCombs has

 111 9 had because of his tinnitus?

 111 10 ATTORNEY BARTLETT:

 111 11 Object to the form.

 111 12 BY ATTORNEY KARIS:

111:13 - 111:24 Putney, K. 2020-10-07

 111 13 Q. Do you understand what I mean by lost income?

 111 14 A. Do you mean --- can you explain?

 111 15 Q. Sure.

 111 16 Any income that Mr. McCombs has not been able to

 111 17 earn because his tinnitus interfered with his ability

 111 18 to earn that money?

 111 19 ATTORNEY BARTLETT:

 111 20 Object to the form.

 111 21 THE WITNESS:

 111 22 Maybe certain job opportunities or being

 111 23 able to get further education. How do you get further

 111 24 education if you don't get sleep and you have tinnitus?

Re: [111:13-111:24]

Def Obj Objection 602, 701

SUSTAINED

112:10 - 112:12 Putney, K. 2020-10-07

 112 10 Q. Are you aware of Mr. McCombs expressing an

 112 11 interest to go back to school?

 112 12 A. Yes.

112:23 - 113:7 Putney, K. 2020-10-07

 112 23 Q. Has Mr. McCombs ever indicated that he couldn't go

 112 24 back to school because of the tinnitus?

 112 25 ATTORNEY BARTLETT:

 113 1 Object to the form.

 113 2 THE WITNESS:

 113 3 I know it's affected his schooling. I

 113 4 don't know. He's never said I've not gone back to

 113 5 school because of tinnitus. But he has made it aware

 113 6 that that has affected him being able to perform and to

 113 7 go to school, make ---.

Re: [112:23-113:7]

Def Obj Objection 602, 701

SUSTAINED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 26 of 54
Putney, K. 2020-10-07 26

115:5 - 115:9 Putney, K. 2020-10-07

 115 5 Q. Is there any income from any source that Mr.

 115 6 McCombs has said he was unable to earn because of the

 115 7 tinnitus?

 115 8 A. I mean, if you have to miss work, you miss your

 115 9 income ---.

116:6 - 116:9 Putney, K. 2020-10-07

 116 6 Q. During the time that you've been together and

 116 7 living together from May of --- I'm sorry, March of

 116 8 2018 until present?

 116 9 A. I don't know how many days.

Re: [116:6-116:9]

Pltf Obj Vague

SUSTAINED

116:10 - 116:16 Putney, K. 2020-10-07

 116 10 Q. Are you aware of him ever missing work because of

 116 11 the tinnitus?

 116 12 ATTORNEY BARTLETT:

 116 13 Object to the form. Asked and answered.

 116 14 THE WITNESS:

 116 15 I don't know. I know he has missed days.

 116 16 I don't know how many.

117:6 - 117:10 Putney, K. 2020-10-07

 117 6 Q. Is there anything at all that you know about Mr.

 117 7 McCombs' use of the CAEv2 earplugs?

 117 8 A. I know he used them while he was in the Army, but

 117 9 that was it. I don't know what they --- I don't know

 117 10 anything about what they entail or any of that.

Re: [117:6-117:10]

Def Obj Objection 602

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 27 of 54
Thompson, Z. 2020-10-07 

Colors

Plaintiff Affirmatives

Defense Objections

Defense Counters

Plaintiff Objections

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 28 of 54
Thompson, Z. 2020-10-07 2

Designation Objection RULINGS

6:10 - 6:18 Thompson, Z. 2020-10-07 

 6 10 BY MR. BARTLETT:

 6 11 Q. Good morning, sir. Could you

 6 12 please state your name for the record?

 6 13 A. My name is Zachary Ross

 6 14 Thompson.

 6 15 Q. And where do you currently

 6 16 reside?

 6 17 A. I currently reside in

 6 18 Princeton, West Virginia.

9:4 - 10:6 Thompson, Z. 2020-10-07 

 9 4 Mr. Thompson, where did you

 9 5 grow up?

 9 6 A. I grew up in Princeton, West

 9 7 Virginia.

 9 8 Q. Did you go to high school

 9 9 there?

 9 10 A. I did, sir.

 9 11 Q. Which high school?

 9 12 A. Princeton Senior High School.

 9 13 Q. And after high school, did you

 9 14 go straight into the military or did you work

 9 15 somewhere first?

 9 16 A. I took the summer off between

 9 17 graduating high school and worked at -- I

 9 18 think I was working at Lawrence Brothers,

 9 19 Incorporated, and then in September of that

 9 20 following fall, I joined the Army.

 9 21 Q. So September of which year

 9 22 would that be?

 9 23 A. '07.

 9 24 Q. So you joined the military in

 9 25 September of 2007; is that correct?

 10 1 A. Yes, sir.

 10 2 Q. And how long were you in the

 10 3 military?

 10 4 A. I was in the military from

 10 5 September 27th, 2007 to I believe August 24th

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 29 of 54
Thompson, Z. 2020-10-07 3

 10 6 of 2011.

10:17 - 11:4 Thompson, Z. 2020-10-07 

 10 17 Q. And which branch of the

 10 18 military were you in?

 10 19 A. The Army.

 10 20 Q. After you got out of the Army

 10 21 in 2011, did you go back to school or did you

 10 22 start work? What did you do?

 10 23 A. I briefly worked as a welder,

 10 24 and then I worked as a laborer, slash,

 10 25 pipefitter for another outfit, and then I

 11 1 decided to continue my education, and I went

 11 2 to college and I earned a bachelor's degree

 11 3 in civil engineering technology at Bluefield

 11 4 State.

11:20 - 11:24 Thompson, Z. 2020-10-07 

 11 20 Q. I'd like to switch to your time

 11 21 in the military. When you were in the Army,

 11 22 did you always wear hearing protection when

 11 23 you were exposed to loud noises?

 11 24 A. Yes, sir.

Re: [11:20-11:24]

Def Obj Relevance (401; 402)

OVERRULED

11:25 - 12:20 Thompson, Z. 2020-10-07 

 11 25 Q. What were your duties and

 12 1 responsibilities in the Army?

 12 2 A. Well, my duties personally

 12 3 varied. I was given a leadership role at a

 12 4 very early rank, mostly due to lack of NCOs

 12 5 in the unit, but also just, I guess, due

 12 6 because they thought that I was qualified for

 12 7 the job.

 12 8 So my duties were like any

 12 9 other soldier up front, but then whenever I

 12 10 became a team leader, obviously I had more

 12 11 than myself to take care of and make sure

 12 12 that they upheld the standards and made sure

 12 13 their training was up to par with that of the

 12 14 United States Army.

 12 15 Q. Do you recall when you became a

 12 16 team leader, roughly what month and year?

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 30 of 54
Thompson, Z. 2020-10-07 4

 12 17 A. I would say probably it was in

 12 18 2008. The month, I'm not sure on the month,

 12 19 but I want to say maybe December. I'm not

 12 20 sure.

13:4 - 13:7 Thompson, Z. 2020-10-07 

 13 4 I guess what I'm trying to

 13 5 understand is were you a team leader prior to

 13 6 your deployment to Afghanistan?

 13 7 A. Yes.

Re: [13:4-13:7]

Def Obj Relevance (401; 402). Mr. 

Thompson was not Mr. McCombs' team 

leader and therefore testimony re his role 

and responsibilities as a team leader is 

irrelevant. See 28:2-23.

OVERRULED

13:8 - 13:11 Thompson, Z. 2020-10-07 

 13 8 Q. And when did you deploy to

 13 9 Afghanistan?

 13 10 A. If I'm not mistaken, I believe

 13 11 it was February 2009.

13:12 - 14:3 Thompson, Z. 2020-10-07 

 13 12 Q. As a team leader, what --

 13 13 besides training and ensuring that your team

 13 14 was being safe, as you mentioned, did you

 13 15 have other responsibilities or roles?

 13 16 A. In relation to the team?

 13 17 Q. Yes, sir, in your managing or

 13 18 your leadership of your team.

 13 19 A. Another responsibility was to

 13 20 make sure they adhered to the uniform code,

 13 21 as in what was part of their uniform and

 13 22 proper care of their equipment, stuff like

 13 23 that. So everything -- like to give an

 13 24 example, whenever -- before we would go out

 13 25 on patrol, it was my duty to make sure they

 14 1 had all the equipment they needed and they

 14 2 had every piece that is part of their uniform

 14 3 with them.

Re: [13:12-14:3]

Def Obj Relevance (401; 402). Mr. 

Thompson was not Mr. McCombs' team 

leader and therefore testimony re his role 

and responsibilities as a team leader is 

irrelevant. See 28:2-23.

OVERRULED

14:11 - 14:15 Thompson, Z. 2020-10-07 

 14 11 And when you were in

 14 12 Afghanistan, was hearing protection part of

 14 13 the uniform for your team?

 14 14 MS. KARIS: Object to form.

 14 15 A. Yes.

Re: [14:11-14:15]

Def Obj Relevance (401; 402)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 31 of 54
Thompson, Z. 2020-10-07 5

16:11 - 16:15 Thompson, Z. 2020-10-07 

 16 11 I think my question to you

 16 12 before we had that sideline was when you were

 16 13 in Afghanistan and a team leader, was part of

 16 14 your team's uniform hearing protection?

 16 15 MS. KARIS: Object to form.

Re: [16:11-16:15]

Def Obj Foundation (602); Relevance 

(401; 402). Thompson was not Mr. 

MrcCombs' team leader and therefore 

testimony re his role and responsibilities 

as a team leader is irrelevant. See 28:2-

23.

OVERRULED

16:16 - 16:21 Thompson, Z. 2020-10-07 

 16 16 A. Yes, it was. And I'd go

 16 17 further to say that that was part of the

 16 18 uniform when we went to a range also in the

 16 19 United States. Anytime you went to a range

 16 20 or loud noises were anticipated, that was

 16 21 part of the uniform.

Re: [16:16-16:21]

Def Obj Foundation (602); Relevance 

(401; 402). , Motion to strike everything 

after "yes" as non-responsive.Thompson 

was not Mr. MrcCombs' team leader and 

therefore testimony re his role and 

responsibilities as a team leader is 

irrelevant. See 28:2-23.

OVERRULED

16:22 - 16:22 Thompson, Z. 2020-10-07 

 16 22 BY MR. BARTLETT:

16:23 - 17:19 Thompson, Z. 2020-10-07 

 16 23 Q. And when you say part of the

 16 24 uniform, what do you mean by that?

 16 25 A. It's called an SOP. It's like

 17 1 a set of standards that -- and it may be

 17 2 different for every unit, but when it comes

 17 3 to hearing protection, it's pretty much

 17 4 military-wide when it's anticipated you're

 17 5 going to have noises that are higher than a

 17 6 certain decibel, you need to have hearing

 17 7 protection.

 17 8 So as in, like, before we would

 17 9 go to a range or before we would go out on

 17 10 patrol, there's a list of things that team

 17 11 leaders and squad leaders and platoon leaders

 17 12 are supposed to check to make sure that their

 17 13 guys have. That is one of those items that

 17 14 you check before you go to the range. If you

 17 15 don't have your hearing protection, you don't

 17 16 get to shoot at the range.

 17 17 Q. And if you don't have your

 17 18 hearing protection, are you permitted to go

Re: [16:23-17:19]

Def Obj Foundation (602)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 32 of 54
Thompson, Z. 2020-10-07 6

 17 19 out on patrol?

17:20 - 17:20 Thompson, Z. 2020-10-07 

 17 20 MS. KARIS: Object to form.

17:21 - 17:23 Thompson, Z. 2020-10-07 

 17 21 A. No. You're made to go get

 17 22 hearing protection from somewhere, either the

 17 23 ear or the ones that insert into your ear.

Re: [17:21-17:23]

Def Obj Foundation (602)

OVERRULED

17:24 - 17:24 Thompson, Z. 2020-10-07 

 17 24 BY MR. BARTLETT:

17:25 - 18:5 Thompson, Z. 2020-10-07 

 17 25 Q. So while you were team leader

 18 1 in Afghanistan, did you always perform this

 18 2 duty of ensuring that your team had their

 18 3 hearing protection as part of their uniform

 18 4 prior to attending the range or prior to

 18 5 going on patrol?

Re: [17:25-18:5]

Def Obj Leading, Relevance (401; 402); 

Mr. Thompson was not Mr. McCombs' 

team leader and therefore testimony re 

his role and responsibilities as a team 

leader is irrelevant. See 28:2-23.

OVERRULED

18:6 - 18:24 Thompson, Z. 2020-10-07 

 18 6 MS. KARIS: Object to form.

 18 7 A. Yes.

 18 8 BY MR. BARTLETT:

 18 9 Q. At some point, Mr. Thompson,

 18 10 were you a turret gunner on a military

 18 11 vehicle in Afghanistan?

 18 12 A. Yes, sir. There were several

 18 13 days where I served as a turret gunner in

 18 14 Afghanistan.

 18 15 Q. And when you were a turret

 18 16 gunner, did you always wear hearing

 18 17 protection?

 18 18 A. Yes, sir.

 18 19 Q. And why is that?

 18 20 A. Well, to me, it's self-evident.

 18 21 Everything in a turret is anywhere from a

 18 22 medium to large machine gun or machine-like

 18 23 gun. It produces a loud -- pretty loud noise

 18 24 whenever you shoot it.

Re: [18:6-18:24]

Def Obj Relevance (401; 402); Mr. 

Thompson was not Mr. McCombs' team 

leader and therefore testimony re his role 

and responsibilities as a team leader is 

irrelevant. See 28:2-23.

OVERRULED

18:25 - 19:5 Thompson, Z. 2020-10-07 

 18 25 Q. And so it -- if you did not

 19 1 have hearing protection in while you were a

Re: [18:25-19:5]

Def Obj Relevance (401; 402); Prejudice 

(403)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 33 of 54
Thompson, Z. 2020-10-07 7

 19 2 turret gunner and you were shooting that gun,

 19 3 would it have been painful to you?

 19 4 MS. KARIS: Object to form.

 19 5 A. Yes.

19:6 - 19:6 Thompson, Z. 2020-10-07 

 19 6 BY MR. BARTLETT:

19:7 - 19:15 Thompson, Z. 2020-10-07 

 19 7 Q. When you were a team leader in

 19 8 Afghanistan, whether or not you were actually

 19 9 the turret gunner at that time, but did

 19 10 others that were turret gunners always wear

 19 11 their hearing protection when they were a

 19 12 turret gunner?

 19 13 MS. KARIS: Object to form,

 19 14 foundation.

 19 15 A. Yes.

Re: [19:7-19:15]

Def Obj Foundation (602); Prejudice 

(403)

OVERRULED

19:16 - 19:16 Thompson, Z. 2020-10-07 

 19 16 BY MR. BARTLETT:

Re: [19:16-19:16]

Def Obj Relevance (401; 402), 

Foundation (602)

OVERRULED

19:17 - 20:6 Thompson, Z. 2020-10-07 

 19 17 Q. At any time when you were in

 19 18 Afghanistan or stateside, did you ever

 19 19 observe Mr. McCombs engaging in anything that

 19 20 had loud noise when he was not wearing

 19 21 hearing protection?

 19 22 A. I did not, sir.

 19 23 Q. We're here today to talk about

 19 24 an earplug that I call the Combat Arms

 19 25 version 2. It's also referred to as the

 20 1 CAEv2. To me, sir, that means the earplug

 20 2 that is dual-sided; on one side it is green,

 20 3 on the other side it is yellow, and it has

 20 4 three flanges on each side.

 20 5 Do you recall those type of

 20 6 earplugs?

Re: [19:17-20:6]

Def Obj Relevance (401; 402) , 

Foundation (602)

OVERRULED

20:7 - 20:15 Thompson, Z. 2020-10-07 

 20 7 MS. KARIS: Object to form.

 20 8 A. I do remember those type of

 20 9 earplugs.

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 34 of 54
Thompson, Z. 2020-10-07 8

 20 10 BY MR. BARTLETT:

 20 11 Q. Is it okay if I call those the

 20 12 Combat Arms earplugs?

 20 13 MS. KARIS: Object to form.

 20 14 A. It's okay with me.

 20 15 BY MR. BARTLETT:

20:16 - 21:7 Thompson, Z. 2020-10-07 

 20 16 Q. Do you recall receiving a set

 20 17 of the Combat Arms earplugs from the Army?

 20 18 A. I do believe I remember

 20 19 receiving a set of those -- those.

 20 20 Q. As you sit here today, do you

 20 21 have any recollection of how many pairs you

 20 22 received?

 20 23 A. I really can't remember how

 20 24 many pairs I received. I know that -- I

 20 25 think at that particular unit -- because each

 21 1 time you go to a unit, it's anticipated you

 21 2 might have lost some along the way or

 21 3 something at a range, or -- you know what I

 21 4 mean? So they give you a new set.

 21 5 But I think at that particular

 21 6 unit, I probably at least had two pairs

 21 7 issued to me.

Re: [20:16-21:7]

Def Obj Relevance (401; 402); 

foundation (602)

OVERRULED

21:17 - 22:12 Thompson, Z. 2020-10-07 

 21 17 Q. And your unit or brigade, what

 21 18 was it called?

 21 19 A. It was the 4th Brigade of the

 21 20 25th Infantry Division.

 21 21 Q. And was Mr. Dustin McCombs in

 21 22 that same brigade?

 21 23 MS. KARIS: Object to form.

 21 24 (Clarification requested by the

 21 25 stenographer.)

 22 1 A. Yes.

 22 2 BY MR. BARTLETT:

 22 3 Q. Okay. Thank you, Mr. Thompson.

 22 4 When you were in Afghanistan in

 22 5 your brigade, was Dustin McCombs also in

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 35 of 54
Thompson, Z. 2020-10-07 9

 22 6 Afghanistan in your brigade?

 22 7 A. Yes.

 22 8 Q. Did you-all serve approximately

 22 9 the same amount of time in Afghanistan?

 22 10 MS. KARIS: Object to

 22 11 foundation.

 22 12 A. Yes.

22:22 - 23:10 Thompson, Z. 2020-10-07 

 22 22 Q. How do you know Mr. McCombs?

 22 23 A. I met Mr. McCombs in 2008 when

 22 24 I first came to the 501st Apache Company,

 22 25 that's the first time I -- I knew him through

 23 1 the Army. That's how we met. We were both

 23 2 privates in 1st Platoon, Apache Company, and

 23 3 that's just how I know him.

 23 4 Q. And that was approximately

 23 5 2008. Were you at a base when you met him?

 23 6 A. Yes, I met him in Fort

 23 7 Richardson, Alaska.

 23 8 Q. And did the two of you deploy

 23 9 to Afghanistan together?

 23 10 A. Yes, sir.

24:22 - 25:13 Thompson, Z. 2020-10-07 

 24 22 Q. When was the last time you saw

 24 23 Mr. McCombs?

 24 24 A. That's a very good question. I

 24 25 believe it was -- I think last year in

 25 1 New York City at David Pickard's birthday.

 25 2 Q. Have you seen him since then?

 25 3 A. I have not, sir.

 25 4 Q. And before David Pickard's

 25 5 birthday in New York City, how often were you

 25 6 seeing Mr. McCombs in person?

 25 7 A. Not very often. That was a

 25 8 reunion for us, whenever we met up there.

 25 9 Q. So is it fair to say that

 25 10 you-all are not seeing each other on a

 25 11 regular basis in person today?

 25 12 MS. KARIS: Object to form.

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 36 of 54
Thompson, Z. 2020-10-07 10

 25 13 A. Yes, that's fair to say.

26:5 - 26:9 Thompson, Z. 2020-10-07 

 26 5 Q. Have you ever discussed with

 26 6 Mr. McCombs the lawsuit that he is bringing

 26 7 against 3M related to the Combat Arms

 26 8 earplugs?

 26 9 A. No, sir.

Re: [26:5-26:9]

Def Obj Relevance (401; 402)

OVERRULED

28:2 - 28:8 Thompson, Z. 2020-10-07 

 28 2 Q. So Mr. McCombs, being part of

 28 3 the weapons squad and under your control as

 28 4 team leader or under your -- in your team as

 28 5 team leader, you would have always ensured

 28 6 that Mr. McCombs wore his hearing protection

 28 7 when shooting the large weapons that he shot

 28 8 as part of the weapons squad, correct?

Re: [28:2-28:8]

Def Obj Foundation (602)

OVERRULED

28:9 - 28:10 Thompson, Z. 2020-10-07 

 28 9 MS. KARIS: Object to form,

 28 10 foundation.

28:11 - 28:23 Thompson, Z. 2020-10-07 

 28 11 A. Yes. Now, I want -- I want to

 28 12 clarify. I was not Dustin McCombs' team

 28 13 leader when he in the weapons squad.

 28 14 However, a weapons squad, it is a -- I don't

 28 15 know how to say this the correct way, but

 28 16 that is what they do. That is a -- it's a

 28 17 law within weapons squad, you have to have

 28 18 hearing protection. Because the guns they

 28 19 shoot are a lot louder than all the other

 28 20 guns we use.

 28 21 So whoever was his team leader

 28 22 when he was in weapons squad most definitely

 28 23 would have made sure he had his --

Re: [28:11-28:23]

Def Obj Foundation (602)

OVERRULED

28:24 - 28:25 Thompson, Z. 2020-10-07 

 28 24 MS. KARIS: Objection, move to

 28 25 strike the nonresponsive part.

30:23 - 31:25 Thompson, Z. 2020-10-07 

 30 23 Q. Mr. Thompson, we were just

 30 24 talking about the weapons squad and what a

 30 25 team leader in the weapons squad would have

Re: [30:23-31:25]

Def Obj Relevance (401; 402); 

foundation (602)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 37 of 54
Thompson, Z. 2020-10-07 11

 31 1 ensured that their team did with respect to

 31 2 hearing protection.

 31 3 How did you learn that

 31 4 yourself, sir, as -- as a team leader? Was

 31 5 that something that you received training

 31 6 from the military on?

 31 7 A. As in to check for the hearing

 31 8 protection? Is that what you're talking

 31 9 about, sir?

 31 10 Q. Yes, sir.

 31 11 A. Yes, sir. Through my own

 31 12 personal, as me being a private under a team

 31 13 leader and him doing that to me, and through

 31 14 the grand picture of my squad leader coming

 31 15 to me saying, hey -- because a team leader

 31 16 answers to a squad leader. So it's also his

 31 17 responsibility to make sure both his teams

 31 18 are squared away with all the equipment they

 31 19 need and safety stuff.

 31 20 So he'll come to the team

 31 21 leader and say, did you check for this, and

 31 22 either you did or you didn't. And it's your

 31 23 job to check for it, so if you don't -- and

 31 24 that's -- I mean, it's just part of the

 31 25 operation of the Army.

32:14 - 34:2 Thompson, Z. 2020-10-07 

 32 14 Q. Mr. Thompson, can you see the

 32 15 picture?

 32 16 A. Yes, sir.

 32 17 Q. Can you describe this picture

 32 18 for me, please.

 32 19 A. Yes, sir. Like most conflicts,

 32 20 the United States Army tries to seek out

 32 21 people within the country to train to help us

 32 22 in the fight against whatever enemy we are

 32 23 fighting against. That's the case here.

 32 24 This is -- in the background you can see

 32 25 the -- the BDU-type khakis, the guys standing

 33 1 up beside us, that is the Afghan National

Re: [32:14-34:2]

Def Obj Relevance (401; 402); 

Prejudice (403)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 38 of 54
Thompson, Z. 2020-10-07 12

 33 2 Army, I believe, if I remember correctly.

 33 3 And the purpose of this day is we went to the

 33 4 range in order to help train these guys on

 33 5 the proper use and application of their

 33 6 medium crew-size weapons.

 33 7 And that is what me and

 33 8 Mr. McCombs are doing in the picture, is we

 33 9 are showing them the proper way to hold the

 33 10 gun, shoot the gun, control it while you're

 33 11 shooting, the proper rate of fire and such.

 33 12 That is what's going on in this picture.

 33 13 Q. Is this a picture that you

 33 14 provided to me this morning?

 33 15 A. Yes, sir.

 33 16 Q. And who is in the picture, the

 33 17 two -- the two soldiers laying down?

 33 18 A. The first soldier closest to

 33 19 the camera is Mr. Dustin McCombs, and the one

 33 20 further away is myself.

 33 21 Q. And from this picture, can you

 33 22 determine whether Mr. McCombs is wearing

 33 23 hearing protection?

 33 24 A. Yes, sir.

 33 25 Q. Is he wearing hearing

 34 1 protection?

 34 2 A. Yes, sir, he is.

34:7 - 34:14 Thompson, Z. 2020-10-07 

 34 7 Q. And what color is the hearing

 34 8 protection that is visible in both of your

 34 9 ears?

 34 10 A. Looks to be yellow to me, sir.

 34 11 I see yellow.

 34 12 Q. Have you altered this picture

 34 13 in any way, sir, before you gave it to me?

 34 14 A. I have not, sir.

Re: [34:7-34:14]

Def Obj Relevance (401; 402); Prejudice 

(403); Foundation (602)

OVERRULED

35:2 - 35:11 Thompson, Z. 2020-10-07 

 35 2 Q. Where was this picture taken?

 35 3 A. This picture was taken at the

 35 4 range on FOB Wazikwah in Paktika Province,

Re: [35:2-35:11]

Def Obj Relevance (401, 402); leading

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 39 of 54
Thompson, Z. 2020-10-07 13

 35 5 Afghanistan.

 35 6 Q. Was this inside of your base?

 35 7 A. Yes, sir.

 35 8 Q. So would it have had to have

 35 9 been in the year 2009?

 35 10 MS. KARIS: Object to form.

 35 11 A. Yes.

36:3 - 36:18 Thompson, Z. 2020-10-07 

 36 3 Q. Mr. Thompson, do you recall an

 36 4 IED attack in April of 2009, specifically

 36 5 April 23rd of 2009, in which you were

 36 6 involved?

 36 7 A. Yes. I recall an IED that

 36 8 hit -- I'm going to use the term "convoy." I

 36 9 don't know if that's the appropriate term,

 36 10 but that hit our convoy around that time of

 36 11 year.

 36 12 Q. And were you in that convoy?

 36 13 A. Yes. On that particular day, I

 36 14 believe I had chosen to be a gunner, to give

 36 15 one of the gunners a break.

 36 16 Q. And when you say a gunner, is

 36 17 that the turret gunner?

 36 18 A. Yes, sir.

36:19 - 36:21 Thompson, Z. 2020-10-07 

 36 19 Q. Were you wearing hearing

 36 20 protection on that day, sir?

 36 21 A. Yes, sir.

Re: [36:19-36:21]

Def Obj Relevance (401; 402); Prejudice 

(403)

OVERRULED

36:22 - 36:24 Thompson, Z. 2020-10-07 

 36 22 Q. Was Mr. Dustin McCombs also in

 36 23 that convoy on that day?

 36 24 A. He was, sir.

36:25 - 37:15 Thompson, Z. 2020-10-07 

 36 25 Q. Which truck -- which military

 37 1 truck did the IED hit?

 37 2 A. As in the -- where it hit in

 37 3 the number of the convoy or what type of

 37 4 truck did it hit?

 37 5 Q. Well, let's just talk about all

Re: [36:25-37:15]

Pltf Obj 401, 403, 602

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 40 of 54
Thompson, Z. 2020-10-07 14

 37 6 of that, actually, if you don't mind.

 37 7 A. I'm actually not sure as to

 37 8 what -- where the number in the convoy. It

 37 9 might have been the second truck. Now, this

 37 10 is all just me speculating. I don't really

 37 11 know the actual number where that truck

 37 12 stood.

 37 13 I know I was two or three

 37 14 trucks back from that one, but I can't

 37 15 remember the total number of trucks in the

37:16 - 37:16 Thompson, Z. 2020-10-07 

 37 16 convoy that day.

37:17 - 37:20 Thompson, Z. 2020-10-07 

 37 17 Q. And was Mr. McCombs in the

 37 18 truck that the IED most affected?

 37 19 MS. KARIS: Object to form.

 37 20 A. Yes, sir. Yes.

Re: [37:17-37:20]

Def Obj leading; foundation (602)

OVERRULED

37:21 - 38:4 Thompson, Z. 2020-10-07 

 37 21 BY MR. BARTLETT:

 37 22 Q. And what was Mr. McCombs' job

 37 23 responsibility in that truck on that day in

 37 24 that convoy?

 37 25 A. He was a turret gunner.

 38 1 Q. So on that day he would have

 38 2 also been wearing hearing protection as a

 38 3 turret gunner, correct?

 38 4 A. Yes.

Re: [37:21-38:4]

Def Obj foundation (602)

OVERRULED

39:5 - 39:10 Thompson, Z. 2020-10-07 

 39 5 Q. Mr. Thompson, did you instruct

 39 6 your team, when you were a team leader in

 39 7 Afghanistan, to wear hearing protection when

 39 8 they were around loud noises?

 39 9 MS. KARIS: Object to form.

 39 10 A. Yes.

Re: [39:5-39:10]

Def Obj Prejudice (403); vague

OVERRULED

39:20 - 39:22 Thompson, Z. 2020-10-07 

 39 20 But at some point during both

 39 21 you and Dustin's time in Afghanistan, you

 39 22 were his team or squad leader, correct?

39:24 - 40:5 Thompson, Z. 2020-10-07 

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 41 of 54
Thompson, Z. 2020-10-07 15

 39 24 A. See, I'm trying really hard to

 39 25 remember. I was a team leader in weapons

 40 1 squad at one point in time, but I can't

 40 2 remember if it was -- I think it might have

 40 3 been towards the end of the time in

 40 4 Afghanistan is when I was a team leader in

 40 5 weapons squad.

40:17 - 41:4 Thompson, Z. 2020-10-07 

 40 17 Q. So is it fair to say,

 40 18 Mr. Thompson, that as a team leader or a

 40 19 squad leader, regardless of whether Dustin

 40 20 was technically under your team, you would

 40 21 have ensured that he would have always had

 40 22 with him hearing protection and that he knew

 40 23 that he was to wear hearing protection when

 40 24 he was exposed to loud noise?

 40 25 MS. KARIS: Object to form and

 41 1 foundation.

 41 2 A. He would have known that he is

 41 3 to wear hearing protection anytime he's going

 41 4 to be exposed to loud noises, yes.

Re: [40:17-41:4]

Def Obj leading; foundation (602)

OVERRULED

41:5 - 41:15 Thompson, Z. 2020-10-07 

 41 5 BY MR. BARTLETT:

 41 6 Q. And in the Army, is it true

 41 7 that if he was caught not wearing hearing

 41 8 protection when he was supposed to be, such

 41 9 as when he was around loud noises, he would

 41 10 have been in trouble for that with the team

 41 11 leader or a squad leader or someone superior

 41 12 to him?

 41 13 MS. KARIS: Object to form.

 41 14 A. Yes, because it's part of his

 41 15 uniform.

Re: [41:5-41:15]

Def Obj leading; foundation (602)

OVERRULED

41:16 - 41:16 Thompson, Z. 2020-10-07 

 41 16 BY MR. BARTLETT:

41:17 - 41:25 Thompson, Z. 2020-10-07 

 41 17 Q. And if an infantryman doesn't

 41 18 have all their parts of their uniform,

 41 19 they're in violation of their

Re: [41:17-41:25]

Def Obj leading; foundation (602)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 42 of 54
Thompson, Z. 2020-10-07 16

 41 20 responsibilities and roles within that Army,

 41 21 correct?

 41 22 MS. KARIS: Object to form.

 41 23 A. They would be, within the

 41 24 unit's SOPs. That stands for standard of

 41 25 procedure.

42:1 - 42:1 Thompson, Z. 2020-10-07 

 42 1 BY MR. BARTLETT:

42:2 - 42:10 Thompson, Z. 2020-10-07 

 42 2 Q. So at least within your

 42 3 platoon, it was standard operating procedure

 42 4 to ensure that those under your command or

 42 5 those who you were responsible for would have

 42 6 their hearing protection and would wear their

 42 7 hearing protection when they had the

 42 8 potential to be exposed to loud noise?

 42 9 MS. KARIS: Object to form.

 42 10 A. Yes.

Re: [42:2-42:10]

Def Obj leading

OVERRULED

42:11 - 42:11 Thompson, Z. 2020-10-07 

 42 11 BY MR. BARTLETT:

42:12 - 42:23 Thompson, Z. 2020-10-07 

 42 12 Q. And if they did not have

 42 13 hearing protection, they would have been

 42 14 provided by someone at that base?

 42 15 A. Yes.

 42 16 Q. And would Dustin's team leader

 42 17 or squad leader have had the same

 42 18 understanding of the SOP as it relates to

 42 19 hearing protection?

 42 20 MS. KARIS: Object to

 42 21 foundation.

 42 22 A. Yes. SOPs did not change from

 42 23 team to team. It was platoon SOP.

Re: [42:12-42:23]

Def Obj foundaiton (602)

OVERRULED

42:24 - 42:24 Thompson, Z. 2020-10-07 

 42 24 BY MR. BARTLETT:

42:25 - 43:7 Thompson, Z. 2020-10-07 

 42 25 Q. So regardless of who his team

 43 1 leader was during Mr. McCombs' time in

 43 2 Afghanistan, each team leader would have

Re: [42:25-43:7]

Def Obj leading; foundation (602)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 43 of 54
Thompson, Z. 2020-10-07 17

 43 3 operated under the same SOP within that

 43 4 platoon; is that correct?

 43 5 MS. KARIS: Object to form and

 43 6 foundation.

 43 7 A. Yes.

43:8 - 43:8 Thompson, Z. 2020-10-07 

 43 8 BY MR. BARTLETT:

43:9 - 43:20 Thompson, Z. 2020-10-07 

 43 9 Q. And how do you know that, sir?

 43 10 A. How do I know what? That they

 43 11 would have operated on the same? Because if

 43 12 they wouldn't have, then they would have been

 43 13 replaced as team leader.

 43 14 I mean, that's the thing about

 43 15 the military is there's -- from the bottom

 43 16 up, there's several checks and balances at

 43 17 every position. So that's the point of the

 43 18 squad leader is to make sure the team leader

 43 19 is doing what they're doing and vice versa or

 43 20 continuing up.

Re: [43:9-43:20]

Def Obj leading; foundation (602)

OVERRULED

59:19 - 59:22 Thompson, Z. 2020-10-07 

 59 19 Q. Okay. So sometime in

 59 20 2009-2010, you were in the same squad as

 59 21 Mr. McCombs, correct?

 59 22 A. Yes.

67:2 - 67:14 Thompson, Z. 2020-10-07 

 67 2 Q. Okay. With blank weapons

 67 3 training, is there noise associated with that

 67 4 training?

 67 5 A. Yes.

 67 6 Q. Okay. And hearing protection

 67 7 is required as part of that training,

 67 8 correct?

 67 9 A. Yes. Now, just to clarify,

 67 10 before we go any further with those

 67 11 questioning, anytime you go to the range, no

 67 12 matter what iteration you're doing, hearing

 67 13 protection is required. It's part of the

 67 14 uniform.

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 44 of 54
Thompson, Z. 2020-10-07 18

71:12 - 71:18 Thompson, Z. 2020-10-07 

 71 12 Q. At any time while you were in

 71 13 Alaska with Mr. McCombs, were you present for

 71 14 anybody else instructing him on hearing

 71 15 protection?

 71 16 A. Yes, because our platoon

 71 17 sergeant and/or squad leaders would go over

 71 18 that at the ranges.

71:24 - 72:7 Thompson, Z. 2020-10-07 

 71 24 Q. And you were physically present

 71 25 when Mr. McCombs received his instruction on

 72 1 hearing protection; is that correct?

 72 2 A. Yeah. And typically how that

 72 3 would go is the platoon sergeant would give

 72 4 the order that we need to begin the training

 72 5 or whatnot, and then the varied squad leaders

 72 6 would actually be the ones that would do

 72 7 that.

Re: [71:24-72:7]

Def Obj hearsay (802)

OVERRULED

73:8 - 73:17 Thompson, Z. 2020-10-07 

 73 8 Q. Okay. So were you ever a squad

 73 9 leader instructing Mr. McCombs on how to use

 73 10 his hearing protection devices?

 73 11 A. I was not. Not instructing

 73 12 him.

 73 13 Q. And were you ever a team leader

 73 14 instructing Mr. McCombs on how to use hearing

 73 15 protection devices?

 73 16 A. I was never a team leader

 73 17 instructing Mr. McCombs in particular.

73:18 - 74:12 Thompson, Z. 2020-10-07 

 73 18 Q. Okay. Were you ever present

 73 19 when a squad leader or team leader instructed

 73 20 Mr. McCombs on how to properly use hearing

 73 21 protection devices?

 73 22 A. At the range, just in a general

 73 23 group.

 73 24 Q. Okay. And can you tell us what

 73 25 you recall about any instructions that were

 74 1 given at the range in Alaska when Mr. McCombs

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 45 of 54
Thompson, Z. 2020-10-07 19

 74 2 was there about how to use hearing protection

 74 3 devices?

 74 4 A. I'll be honest with you, ma'am.

 74 5 The only thing I recall is that both sides

 74 6 serve a different function.

 74 7 Now, as far as the instructions

 74 8 on inserting, I don't remember. It was

 74 9 given, but I don't remember how they -- I

 74 10 don't remember how they delivered it, is what

 74 11 I'm -- I can't testify on how they delivered

 74 12 that training. You see what I'm saying?

74:13 - 74:18 Thompson, Z. 2020-10-07 

 74 13 Q. Okay. So you don't recall any

 74 14 of the details of what was said about how to

 74 15 properly check for the fit of the Combat Arms

 74 16 earplugs version 2; is that correct?

 74 17 A. I personally do not recall.

 74 18 That was a while ago.

Re: [74:13-74:18]

Pltf Obj 403, 602

OVERRULED

76:20 - 77:11 Thompson, Z. 2020-10-07 

 76 20 Q. At any time do you recall

 76 21 receiving from the military any instruction

 76 22 on how to fit the Combat Arms earplugs?

 76 23 MR. BARTLETT: Object to the

 76 24 form.

 76 25 A. Did you say on how to fit?

 77 1 BY MS. KARIS:

 77 2 Q. Yes.

 77 3 A. As in to properly get it to

 77 4 where it works in your ears, you're trying to

 77 5 say?

 77 6 Q. Correct.

 77 7 A. I do not recall. I believe, if

 77 8 I remember correctly, we were told that it

 77 9 was just a one-size-fits-all type of deal. I

 77 10 don't think they gave us instruction on

 77 11 changing the fit of it, you know what I mean?

77:12 - 77:20 Thompson, Z. 2020-10-07 

 77 12 Q. I don't. Could you explain

 77 13 what you mean, please?

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 46 of 54
Thompson, Z. 2020-10-07 20

 77 14 A. I do not recall anyone telling

 77 15 me on a way to alter the fit of the hearing

 77 16 protection other than as it came in the

 77 17 package.

 77 18 Q. Okay. Were you given any

 77 19 instructions on how to check to see if you

 77 20 had a good fit of the Combat Arms earplug?

77:24 - 77:25 Thompson, Z. 2020-10-07 

 77 24 Q. Any instruction by the

 77 25 military.

Re: [77:24-77:25]

Pltf Obj 403, 602

OVERRULED

78:2 - 78:2 Thompson, Z. 2020-10-07 

 78 2 A. I do -- I do not recall.

Re: [78:2-78:2]

Pltf Obj 403, 602

OVERRULED

78:4 - 78:9 Thompson, Z. 2020-10-07 

 78 4 Q. Do you recall ever getting any

 78 5 instructions, since you were the team leader

 78 6 who would check with the military to make

 78 7 sure as part of the SOP that people had their

 78 8 full uniform, were you ever given any

 78 9 instruction by the military on what to tell

Re: [78:4-78:9]

Pltf Obj 403, 602

SUSTAINED

78:10 - 78:12 Thompson, Z. 2020-10-07 

 78 10 soldiers about their Combat Arms earplugs,

 78 11 other than that they should have them as part

 78 12 of their uniform?

78:15 - 78:15 Thompson, Z. 2020-10-07 

 78 15 A. I do not recall.

78:17 - 78:20 Thompson, Z. 2020-10-07 

 78 17 Q. Do you recall ever getting any

 78 18 instruction on -- anybody from the military

 78 19 on how to check what the right hearing

 78 20 protection device is for a soldier?

78:23 - 78:24 Thompson, Z. 2020-10-07 

 78 23 A. As far as the way it -- as far

 78 24 as the way it fits?

79:2 - 79:9 Thompson, Z. 2020-10-07 

 79 2 Q. Correct.

 79 3 A. I do not recall.

 79 4 Q. Were you ever given any

 79 5 instruction on how a soldier can determine

 79 6 whether they should use a foam earplug or a

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 47 of 54
Thompson, Z. 2020-10-07 21

 79 7 Combat Arms earplug version 2 or a different

 79 8 type of hearing protection device?

 79 9 A. I do not recall, ma'am.

81:5 - 81:16 Thompson, Z. 2020-10-07 

 81 5 Q. Was it the case that from time

 81 6 to time soldiers would appear and have

 81 7 forgotten to bring whatever hearing

 81 8 protection devices were assigned to them?

 81 9 MR. BARTLETT: Object to the

 81 10 form.

 81 11 A. If a soldier was to forget

 81 12 their hearing protection, that would have

 81 13 been caught before they left the wire, if you

 81 14 were in-country. If they forgot it at the

 81 15 range, they were not allowed to fire until

 81 16 they were given hearing protection.

Re: [81:5-81:16]

Def Obj foundation (602)

OVERRULED

81:17 - 82:1 Thompson, Z. 2020-10-07 

 81 17 BY MS. KARIS:

 81 18 Q. And when they were in

 81 19 Afghanistan, if they showed up one day and

 81 20 forgot their hearing protection device -- did

 81 21 that happen, first of all, from time to time?

 81 22 MR. BARTLETT: Object to the

 81 23 form.

 81 24 A. Yes, ma'am, everybody's human.

 81 25 But they were not allowed to leave the wire

 82 1 without some form of hearing protection.

82:10 - 83:6 Thompson, Z. 2020-10-07 

 82 10 Q. And do you know typically what

 82 11 type of hearing protection device a soldier

 82 12 was assigned if they did not bring their

 82 13 hearing protection device with them?

 82 14 MR. BARTLETT: Object to the

 82 15 form.

 82 16 A. To be honest, ma'am, it was

 82 17 typically the double-sided one, because we

 82 18 had plenty of it.

 82 19 BY MS. KARIS:

 82 20 Q. Okay. And were there also foam

Re: [82:10-83:6]

Def Obj Foundation (602)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 48 of 54
Thompson, Z. 2020-10-07 22

 82 21 hearing protection devices that soldiers

 82 22 would get as part of their temporary devices?

 82 23 MR. BARTLETT: Object to the

 82 24 form.

 82 25 A. There was, but also, to be

 83 1 honest, the foam one, if I'm recalling, was

 83 2 used mainly in the United States at ranges,

 83 3 and I believe we were issued the particular

 83 4 ones, the combat -- I don't recall the name

 83 5 of it y'all were calling it again -- for

 83 6 Afghanistan.

88:23 - 89:7 Thompson, Z. 2020-10-07 

 88 23 Q. As a team leader or somebody

 88 24 with responsibility for determining whether

 88 25 soldiers had their proper uniform, did the

 89 1 military ever give you any training in

 89 2 connection with hearing protection devices?

 89 3 MR. BARTLETT: Object to the

 89 4 form.

 89 5 A. See, it is my understanding

 89 6 that everyone that I dealt with received that

 89 7 training at a date before they came to me.

89:9 - 89:12 Thompson, Z. 2020-10-07 

 89 9 Q. So does that mean that you

 89 10 never gave anyone any training in connection

 89 11 with hearing protection devices, correct?

 89 12 A. That is correct.

99:2 - 99:16 Thompson, Z. 2020-10-07 

 99 2 Q. Okay. Were you given any

 99 3 instructions on determining whether you had a

 99 4 good seal between the surface of the outer

 99 5 skin -- I mean, sorry, the surface of your

 99 6 skin, of the outer canal, and the hearing

 99 7 protection device?

 99 8 MR. BARTLETT: Object to the

 99 9 form.

 99 10 A. I do -- I do recall, like I

 99 11 said earlier, the squad leaders giving just

 99 12 quick classes at the range whenever I first

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 49 of 54
Thompson, Z. 2020-10-07 23

 99 13 went to Alaska, and I recall some mention of

 99 14 that. But I'll be honest with you, the

 99 15 entire details of the conversation are lost

 99 16 to me.

99:18 - 100:9 Thompson, Z. 2020-10-07 

 99 18 Q. Okay. Do you know whether they

 99 19 differentiated at all in those details

 99 20 between the type of hearing protection device

 99 21 being used?

 99 22 A. I do not recall.

 99 23 Q. And how long did that

 99 24 instruction that you just identified last?

 99 25 A. If I had to put a time,

 100 1 probably five to ten minutes.

 100 2 Q. Okay. Do you recall any

 100 3 materials being used as part of that

 100 4 instruction?

 100 5 A. I do not recall materials being

 100 6 used.

 100 7 Q. Okay. During your time in the

 100 8 military, do you recall there being posters

 100 9 or signs about hearing protection devices?

100:12 - 101:13 Thompson, Z. 2020-10-07 

 100 12 A. As in like in the workplace or

 100 13 whatnot? Is that what you're asking, ma'am?

 100 14 BY MS. KARIS:

 100 15 Q. Yes.

 100 16 A. I do not. That's -- I think

 100 17 that's one difference between infantry units

 100 18 and the regular Army is that we're kind of on

 100 19 the outside of all that stuff, as in we only

 100 20 focus on -- I don't know. I guess what I'm

 100 21 trying to say is there was none of that stuff

 100 22 up -- advertising in the hallways, stuff like

 100 23 that.

 100 24 Q. Okay. And is that equally true

 100 25 during the time you were in Alaska?

 101 1 A. Yes. I do not recall seeing

 101 2 any advertisements or posters for something

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Thompson, Z. 2020-10-07 24

 101 3 promoting a certain type of hearing

 101 4 protection or warning against that hung up at

 101 5 our workplace, if that's what the question

 101 6 was.

 101 7 Q. And is it true that you don't

 101 8 recall anything in connection with hearing

 101 9 protection devices and posters while you were

 101 10 in Afghanistan?

 101 11 A. Yeah, I do not recall anything

 101 12 like that where I was stationed in

 101 13 Afghanistan.

101:14 - 101:22 Thompson, Z. 2020-10-07 

 101 14 Q. Okay. If we can pull up

 101 15 Figure 9 from Exhibit 3 -- and again, this is

 101 16 the military's document. This says:

 101 17 Earplugs. The eight types of earplugs

 101 18 pictured below in Figure 9 represent those

 101 19 currently approved by the Surgeon General for

 101 20 use by DA personnel.

 101 21 Do you see that?

 101 22 A. I do.

102:9 - 102:21 Thompson, Z. 2020-10-07 

 102 9 Q. Okay. Do you see the two foam

 102 10 hearing protection devices at the bottom?

 102 11 A. I do.

 102 12 Q. There are two, actually.

 102 13 Had you seen soldiers from time

 102 14 to time using those type of hearing

 102 15 protection devices?

 102 16 MR. BARTLETT: Object to the

 102 17 form.

 102 18 A. I've seen those mainly at

 102 19 ranges in -- if my memory serves me, in the

 102 20 States is where I've seen the majority of the

 102 21 foam stuff.

102:23 - 103:7 Thompson, Z. 2020-10-07 

 102 23 Q. Okay. And at ranges, that

 102 24 would include basic training, correct?

 102 25 A. I don't really recall it for

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 51 of 54
Thompson, Z. 2020-10-07 25

 103 1 basic training. I remember in Alaska is the

 103 2 main thing, I guess because that was the

 103 3 closest to my memory that I can remember.

 103 4 But I don't recall basic training.

 103 5 Q. Okay. So you recall foam

 103 6 earplugs being used in Alaska, which is where

 103 7 you also served with Dustin McCombs, correct?

103:10 - 103:10 Thompson, Z. 2020-10-07 

 103 10 A. Yes, ma'am.

103:16 - 104:7 Thompson, Z. 2020-10-07 

 103 16 Q. And do you know whether Dustin

 103 17 McCombs used any of the other hearing

 103 18 protection devices that are listed in

 103 19 Figure 9 during his time in the U.S.

 103 20 military?

 103 21 A. Did you ask me if I knew of any

 103 22 other type he used?

 103 23 Q. Yeah. Do you know what other

 103 24 types he may have used?

 103 25 A. It would have been the yellow

 104 1 and the green one, the one that's split in

 104 2 the middle, two different sides.

 104 3 Q. All right. And that's the

 104 4 Combat Arms earplug, the double-sided. Do

 104 5 you know if he used any of the other ones

 104 6 that are listed there as having been approved

 104 7 for use?

Re: [103:16-104:7]

Def Obj foundation (602)

OVERRULED

104:8 - 104:9 Thompson, Z. 2020-10-07 

 104 8 MR. BARTLETT: Object to the

 104 9 form.

104:10 - 104:14 Thompson, Z. 2020-10-07 

 104 10 A. I don't recall seeing him with

 104 11 any of the other ones. I'll be honest with

 104 12 you, ma'am. I don't recall seeing any of the

 104 13 other ones being used by anybody else in that

 104 14 particular unit.

Re: [104:10-104:14]

Def Obj foundation (602)

OVERRULED

138:18 - 139:19 Thompson, Z. 2020-10-07 

 138 18 Q. How many -- on how many

 138 19 occasions would you say you've seen

Re: [138:18-139:19]

Def Obj Relevance (401; 402)

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Thompson, Z. 2020-10-07 26

 138 20 Mr. McCombs after he left the military?

 138 21 A. Maybe -- maybe two, two times,

 138 22 three times, max. I think it's two, if I

 138 23 recall.

 138 24 Q. You told us about the one

 138 25 occasion that was a reunion, correct?

 139 1 A. Yeah. Yeah.

 139 2 Q. And that was in 2018, if I

 139 3 heard you correctly?

 139 4 A. It's somewhere in there. I

 139 5 honestly don't remember. It was over a year

 139 6 ago, I'm pretty sure.

 139 7 Q. All right. And then the other

 139 8 occasion that you recall interacting with

 139 9 Mr. McCombs, when was that?

 139 10 A. I don't know the time. I don't

 139 11 remember -- and I'll just be honest with you,

 139 12 I don't remember if it was -- because I

 139 13 remember talking to him shortly after

 139 14 New York, and then I think it might have been

 139 15 before that, a couple months before that, I

 139 16 had to go to a training for my job, and it

 139 17 was close to where he lived. And I just met

 139 18 him at a restaurant and we had dinner or

 139 19 something like that, if I remember correctly.

139:20 - 140:8 Thompson, Z. 2020-10-07 

 139 20 Q. Okay. During that dinner, at

 139 21 any time did he mention any issues or

 139 22 problems he was having with hearing or

 139 23 tinnitus or anything associated with his time

 139 24 in the military and his ears?

 139 25 A. He did not -- he was not

 140 1 specific about issues he was having. He just

 140 2 told me that he had some stuff that was going

 140 3 on with the VA. I remember having a

 140 4 conversation about that.

 140 5 And then, I just remembered,

 140 6 just to be honest, I remember Dustin came to

 140 7 my wedding, so -- and that was before both

Re: [139:20-140:8]

Def Obj hearsay (802)

SUSTAINED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 53 of 54
Thompson, Z. 2020-10-07 27

 140 8 those times.

140:9 - 140:12 Thompson, Z. 2020-10-07 

 140 9 Q. Okay. The reference that he

 140 10 was having some issues associated with his

 140 11 time in the military, do you know what issues

 140 12 those were?

Re: [140:9-140:12]

Def Obj foundation (602)

SUSTAINED

140:13 - 140:14 Thompson, Z. 2020-10-07 

 140 13 MR. BARTLETT: Object to the

 140 14 form.

140:15 - 140:15 Thompson, Z. 2020-10-07 

 140 15 A. I do not.

Re: [140:15-140:15]

Def Obj foundation (602)

SUSTAINED

148:14 - 148:19 Thompson, Z. 2020-10-07 

 148 14 Q. Mr. Thompson, to your

 148 15 knowledge, did Dustin McCombs ever engage in

 148 16 combat without wearing hearing protection?

 148 17 MS. KARIS: Object to form and

 148 18 foundation.

 148 19 A. Not to my knowledge.

Re: [148:14-148:19]

Def Obj foundation (602)

OVERRULED

Case 7:20-cv-00094-MCR-GRJ Document 100-1 Filed 05/05/21 Page 54 of 54