EXHIBIT B 

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 1 IN THE UNITED STATES DISTRICT COURT

 2 FOR THE MIDDLE DISTRICT OF ALABAMA

 3 NORTHERN DIVISION

 4

 5 HAROLD KELLY MURPHY,

 6 Plaintiff,

 7

 8 vs. Case No.: 2:06-CV-618-MEF

 9

 10 SOUTHERN ENERGY HOMES, INC., et al.,

 11 Defendants.

 12

 13 * * * * * *

 14 DEPOSITION OF HAROLD KELLY MURPHY,

 15 taken pursuant to notice and

 16 stipulation on behalf of the

 17 Defendants, at Beasley, Allen, 272

 18 Commerce Street, Montgomery, Alabama,

 19 before Bridgette Mitchell, Shorthand

 20 Reporter and Notary Public in and for

 21 the State of Alabama at Large, on

 22 November 13, 2007, commencing at

 23 9:40 a.m.

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 1 APPEARANCES

 2

 3

 4 FOR THE PLAINTIFF:

 5 C. Lance Gould, Esquire

 6 BEASLEY, ALLEN, CROW, METHVIN,

 7 PORTIS & MILES, P.C.

 8 218 Commerce Street

 9 Montgomery, Alabama 36104

 10

 11

 12 FOR THE DEFENDANTS:

 13 W. Scott Simpson, Esquire

 14 RITCHEY & SIMPSON, P.C.

 15 3288 Morgan Drive

 16 Birmingham, Alabama 35216

 17

 18

 19 ALSO PRESENT:

 20 David Tompos

 21 Jim Bauer

 22

 23

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 1 STIPULATIONS

 2 It is hereby stipulated and

 3 agreed by and between counsel

 4 representing the parties that the

 5 deposition of HAROLD KELLY MURPHY is

 6 taken pursuant to notice and

 7 stipulation on behalf of the

 8 Defendants; that all formalities with

 9 respect to procedural requirements are

 10 waived; that said deposition may be

 11 taken before Bridgette Mitchell,

 12 Shorthand Reporter and Notary Public in

 13 and for the State of Alabama at Large,

 14 without the formality of a commission;

 15 that objections to questions, other

 16 than objections as to the form of the

 17 questions, need not be made at this

 18 time, but may be reserved for a ruling

 19 at such time as the deposition may be

 20 offered in evidence or used for any

 21 other purpose as provided for by the

 22 Civil Rules of Procedure for the State

 23 of Alabama.

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 1 It is further stipulated and

 2 agreed by and between counsel

 3 representing the parties in this case

 4 that the filing of the deposition of

 5 HAROLD KELLY MURPHY is hereby waived

 6 and that said deposition may be

 7 introduced at the trial of this case or

 8 used in any other manner by either

 9 party hereto provided for by the

 10 Statute, regardless of the waiving of

 11 the filing of same.

 12 It is further stipulated and

 13 agreed by and between the parties

 14 hereto and the witness that the

 15 signature of the witness to this

 16 deposition is hereby waived.

 17

 18 INDEX

 19

 20 EXAMINATION Page

 21 By Mr. Simpson.................... 6

 22 By Mr. Gould...................... 154

 23

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 1 EXHIBITS: Page

 2 Defendant's Exhibit #1 ........... 15

 3 Defendant's Exhibit #2 ........... 19

 4 Defendant's Exhibit #3 ........... 20

 5 Defendant's Exhibit #4 ........... 30

 6 Defendant's Exhibit #5 ........... 142

 7 Defendant's Exhibit #6 ........... 142

 8

 9

 10 COURT REPORTER: Usual

 11 stipulations?

 12 MR. GOULD: Yes.

 13 HAROLD KELLY MURPHY, having

 14 first been duly sworn or affirmed to

 15 speak the truth, the whole truth, and

 16 nothing but the truth, testified as

 17 follows:

 18

 19

 20

 21

 22

 23

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 1 house?

 2 A. Just one.

 3 Q. I met your mother. Nice lady.

 4 A. Thank you.

 5 Q. Well, let me take you back in time to

 6 when you first got involved with the

 7 house. When was the first time you saw

 8 the house?

 9 A. Around November of 2003.

 10 Q. Was it a lot model that was on --

 11 A. It was.

 12 Q. So this home wasn't special ordered for

 13 you?

 14 A. No, sir.

 15 Q. What made you decide to buy this

 16 particular house?

 17 A. I looked at a bunch of them. And they

 18 told me that Southern Energy -- I had

 19 Fleetwood before, and they said that

 20 Southern Energy was top of the line,

 21 had hurricane-proofing on it and had

 22 two-by-six walls and good floors, that

 23 look and all. And I bought that one --

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 1 I liked the floor plan, and that one

 2 had been on the lot about six months

 3 and they said, We'll give you, like, a

 4 few thousand dollars off of it if

 5 you'll take this one because it would

 6 be time to get a new one or something.

 7 Q. Turn it in?

 8 A. Yeah. And that's why I ended up with

 9 that one.

 10 Q. I saw the numbers. Looks like you got

 11 a heck of a good deal on it.

 12 A. Yeah.

 13 Q. Did you inspect the home, everything

 14 looked okay?

 15 A. Yeah, everything looked fine.

 16 Q. Tell me about the Fleetwood home you

 17 had. What kind of home was that?

 18 A. It was a single-wide, a sixteen-by-

 19 sixty; Regency or something. It was

 20 just a -- it was just a first-time. My

 21 mother actually went up there and -- I

 22 was living with her and she said, It's

 23 time for you to go. And she went and

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 1 cool, but that was dripping.

 2 Q. Was it just certain -- during certain

 3 times of year? Do you know?

 4 A. I can't remember. But, I mean, I think

 5 my wife might have seen it because

 6 after it rained, thought it was -- I

 7 said, Dang thing is leaking. I knew

 8 it. But when the rain was gone, it's

 9 done it -- it's done it four or five

 10 different times. It's like it sweats.

 11 I mean, not in the wall, outside. You

 12 can see water actually running down the

 13 wall just like you got out of the

 14 shower or something. You know how the

 15 thing be fogged up? It was like that.

 16 Q. So above the sink you see the wall near

 17 the top near the ceiling sweating?

 18 A. Yeah, from half -- the top halfway down

 19 and in this bathroom also.

 20 Q. In the little toilet stall there?

 21 A. That's right. And then --

 22 Q. And when did you first notice that?

 23 A. It was right after the warranty went

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 1 about that, Lance.

 2 MR. GOULD: I don't know that

 3 we produced the warranty.

 4 A. If not, I've got a -- it come with the

 5 home.

 6 Q. Did you get a consumer manual with the

 7 home?

 8 A. Yes, sir. I got the paperwork that's

 9 got everything with it. It's got the

 10 appliance -- every appliance we got in

 11 it and everything.

 12 MR. SIMPSON: Lance, do you

 13 mind, if he gives copies to you, will

 14 you shoot those over to me?

 15 MR. GOULD: Be glad to.

 16 Q. The warranty you got in the consumer

 17 manual, is that the one you're suing

 18 about, that one?

 19 A. Yes, sir.

 20 Q. Is there any other one that you know

 21 of?

 22 A. No, sir. I know -- I did -- when all

 23 this happened, I tried to get my -- I

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 1 done all the pad myself. I done the

 2 dirt around the -- I put the dirt in

 3 myself and used my own machines to do

 4 the dirt.

 5 Q. The home -- you haven't been physically

 6 injured in the house?

 7 A. Stumped my toe a time or two.

 8 Q. All right. What I'm saying is, you're

 9 not suing because you have any physical

 10 injury in the house?

 11 A. No.

 12 Q. And this is going to sound like a

 13 kookie question, but I'm going to ask

 14 it. One of the other things the law

 15 might compensate people for are what we

 16 call near misses. Like let's say the

 17 roof was falling in and you dove out of

 18 the way. Nothing like that has

 19 happened?

 20 A. No, sir. I thought my wife was going

 21 to tear a roof off a time or two.

 22 Q. Okay. So as far as the mental

 23 anguish -- you're not suing because you

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 1 have a health problem?

 2 A. No.

 3 Q. And you're not suing because the home

 4 has physically injured you?

 5 A. No.

 6 Q. And you're not suing because you had a

 7 near miss?

 8 A. (Witness shakes head.)

 9 Q. Could you speak for her?

 10 A. Yes, sir. I'm sorry.

 11 Q. So you're not suing because of a near

 12 miss?

 13 A. No, sir.

 14 Q. How would you characterize your mental

 15 anguish on a scale of one to ten, one

 16 being just a minor aggravation and ten

 17 being I need to go see a doctor and be

 18 put on antidepressants?

 19 A. Ten.

 20 Q. You're a ten?

 21 A. I did -- that's what Dr. Strickland,

 22 that's what he tried to do. Just

 23 stressed out. He tried to put me on

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 1 had you had any conversations with

 2 anyone at Southern Energy?

 3 A. No, sir.

 4 Q. When was the first time you had a

 5 conversation with anyone at Southern

 6 Energy?

 7 A. Right after the man that come out to do

 8 my original work outside. That was the

 9 first Southern Energy person I talked

 10 to because up until that point I think

 11 I was going through Jan the whole time,

 12 or her secretary.

 13 Q. So when they came out and did the

 14 service?

 15 A. Yeah.

 16 Q. And that would have been the year after

 17 you bought it in February?

 18 A. Yeah. Yes, because I was dealing with

 19 Jan.

 20 Q. Okay.

 21 A. The whole time, at first, I was dealing

 22 with Corky's.

 23 Q. All right. Who put your back porch on?

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 1 I'm not sure that wall is rated to have

 2 that connected up there. You didn't

 3 call anyone at the factory and talk

 4 about that?

 5 A. Uh-uh. (Witness shakes head.)

 6 Q. Is that a no?

 7 A. No, sir.

 8 Q. You're living in the house now?

 9 A. Yes, sir.

 10 Q. And as far as you know, it's habitable?

 11 A. Yes.

 12 Q. No one is ill, that you can prove, from

 13 the house; right?

 14 A. That's right.

 15 Q. Has anyone lied to you from Southern

 16 Energy?

 17 A. Not that I recollect.

 18 Q. Has anyone concealed anything from you

 19 at Southern Energy?

 20 A. Southern Energy? No, sir.

 21 Q. And just so we're clear, there were

 22 indoor air samples taken in your house

 23 by Mr. Parks?

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 1 A. Yes, sir.

 2 Q. And you're satisfied with your

 3 testimony?

 4 A. Yes, sir.

 5 Q. All right. I think I'm finished.

 6 MR. GOULD: I have a couple

 7 questions.

 8 EXAMINATION

 9 BY MR. GOULD:

 10 Q. If someone at Southern Energy or

 11 Corky's would have told you or provided

 12 you in writing that your walls would

 13 condensate, collect moisture, grow

 14 mold, and eventually deteriorate, would

 15 you have have purchased the home?

 16 A. No, sir.

 17 Q. When did you --

 18 MR. SIMPSON: I'm going to

 19 object to the form of that.

 20 Q. When did you purchase the Ionic Breeze

 21 machines you're talking about?

 22 A. After they come back and done the

 23 initial testing and we left, where I

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 1 * * * * * * * * * * *

 2 REPORTER'S CERTIFICATE

 3 * * * * * * * * * * *

 4 STATE OF ALABAMA

 5 COUNTY OF MONTGOMERY

 6 I do hereby certify that the above

 7 and foregoing transcript was taken down

 8 by me in stenotype, and the questions

 9 and answers thereto were transcribed by

 10 means of computer-aided transcription,

 11 and that the foregoing represents a

 12 true and correct transcript of the

 13 testimony given by said witness.

 14 I further certify that I am neither

 15 of counsel, nor any relation to the

 16 parties to the action, nor am I anywise

 17 interested in the result of said case.

 18

 19

 20

 ____________________________

 21 Bridgette W. Mitchell,

 Certified Court Reporter and

 22 Commissioner for the State of

 Alabama at Large

 23 ACCR No. 231 - Expires 9/30/08

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