IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

DELOISE PRICE, | 

 | 

 PLAINTIFF | 

 | 

VS. | CASE NO. 2:06-CV-721 

 | 

WAL-MART STORES, INC., | 

et al., | 

 | 

 DEFENDANTS | 

DEFENDANTS’ 

DEPOSITION DESIGNATIONS

 Come now the Defendants and pursuant to the Scheduling Order [Doc. 9] 

designate the attached deposition excerpts that may be used at trial. 

 /s/ Dennis R. Bailey

 Dennis R. Bailey 

 Attorney for Defendants 

Of counsel: 

RUSHTON, STAKELY, JOHNSTON & GARRETT, P.A. 

184 Commerce Street 

Post Office Box 270 

Montgomery, Alabama 36101-0270 

(334) 206-3234 (phone) 

(334) 481-0031 (fax) 

drb@rsjg.com (e-mail) 

Case 2:06-cv-00721-MHT-TFM Document 30 Filed 10/17/2007 Page 1 of 13
2

CERTIFICATE OF SERVICE

 I hereby certify that I have served a copy of the foregoing document upon 

the following counsel of record by placing a copy of same in the United States 

Mail, first class postage prepaid, on this the 17th day of October, 2007. 

 Jock M. Smith 

 Brian P. Strength 

 Valerie Rucker Russell 

 Cochran, Cherry, Givens, Smith, Lane & Taylor 

 Post Office Box 830419 

 Tuskegee, Alabama 36083 

 /s/ Dennis R. Bailey

 Of counsel 

Case 2:06-cv-00721-MHT-TFM Document 30 Filed 10/17/2007 Page 2 of 13
December 18, 2001 Deposition

Price Deposition 

18-Dec-01

Page Line Testimony

7 16 Lives at 11 Spring Valley Road, Montgomery, Alabama

7 19 Lives with her children "because of my condition." Michelle Jackson and Ella Frazier.

10 13 Married to Willie J. Price. Can't say where he is. They have been separated nine months.12 17 Last worked in 1971 with Simplex International.12 5 Also was a nurses' aid at J.Paul Jones Hospital.

14 13 I get disability. I have something called psedomotor cerebri. It creates pressure.14 9 It's a slow disease that takes away the sight. Also severe headaches.14 21 Dr. Rosey Cook is my doctor for that.15 14 Dr. Zeiger in Birmingham put a shunt in my head to relieve the pressure in 1973.18 10 Has been SS disability continuously since 1975.

18 20 Dr. Cook checks her periodically to see if she is still disabled.22 17

Was convicted of a felony 10-11 years ago [1990?] for drugs. My son came home from Lansing Mwas selling drugs for about three days out of my house. Crack cocaine.G35

25 1

Have previously sued Helig-Meyers for adding insurance to my account when I bought furniture. Csettled.

27 6 No other lawsuits.27 20 Accident at Bill's Dollar Store on November 28, 1998.

29 21 Ella Frazier and Michelle Jackson were there.46 5 Hit the top of my left foot.46 15 I couldn't move. I was hollaring. It was so severe I peed myself.49 21 Went to the emergency room in Camden.51 10 There were x-rays and they showed no fractures.56 1 Suit against Bill's was filed a month after the accident.61 8 Do not have a bladder problem. That was first and only time she lost control of bladder in public.61 18 After visiting ER day of accident, the next time she saw a doctor was maybe 3 weeks to a month la62 11 First Dr. after ER was Rosey Cook.63 14 Only injury was to my left foot.63 21 Dr. Cook sent her to see Dr. Izetta Brown (podiatrist).64 10 Sent to physical therapy in Thomasville, AL. Whirlpool and a TENS unit.65 5 After completing therapy I still wasn't any better. Dr. Brown gave me Celebrex.

65 16 Dr. Brown sent me back to Dr. Cook who sent me to Dr. Freij in Selma.66 8 Dr. Freij wanted me to see Dr. Littrell at Vaughn Medical Center (Selma).

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December 18, 2001 Deposition

Page Line Testimony

67 2 Dr. Littrell sent me to Dr. Singh for pain management in Selma whom I am seeing now.67 9 None of the doctors treated her for any problem other than her foot.67 20

"I'm getting so tired. I have to take these epidural blocks. I have gained something like maybe 25 pounds from these steriods. He said this is a permanent injury you have."

68 13

"I can't wear heels and things like other peoples. I have to wear flat, soft shoes all the time, and I'm in pain all the time. And it's caused so much conflict between me and my husband, sex and whatneven have sex and stuff like that. It's so painful, my hip and leg."

68 23

"All the way from my toe. The pain run from the top of my feet down through my toe and up my hip And it caused us to have to separate."

69 6

"I'm hurting all the time and that's why I am with my children right now. I constantly hurt all the timeI'm used to wearing my heels and things to church. I can't do that. It's emotional and I can't help i

69 15 [Husband left me because] "If he couldn't get it from me, he's got to get it from somebody."70 2 "That's what he told me."70 5 "We didn't have no problems and stuff till this. It's verry hard, very, very, very stressful."70 13 Dr. Littrell wanted me to see Dr. Doss. She's a psychologist.70 16

"The pain and the pressure and stuff on me has just go to me, I don't even feel like it's worth living don't. If I got to go through life like the, I promise you I don't feel like it's worth living for. I can't asspeoples."

70 23

[I can't associate with people because of] "The pain, pain, the pain, the pain and the anger that it mI got to go on like this, it ain't worth living for because I thought maybe surgery or something could and get me back to normal.

71 10

"No surgery ain't going to help me. I can't play with my grandchildren, run and play with them like Like, I'm walking with the stick and stuff. What man wants somebody with a stick. It just ain't life."

71 21 Dr. Cook prescribed the walking stick. My leg kept giving out on me. I kept falling.72 3

[My husband left] "maybe into the prime of the two years of the accident. And he kept coming bacleaving, coming back and leaving. We were fussing and fighting and going on an stuff because he have sex and stuff, and we'd start and I couldn't perform like I used to.

73 1

"Couldn't do the chores around the house and keep the house and stuff. I was just like a baby thanurse and give the bottle all the time. He told me them words."

73 6

"Then I called my children and I talked to them and they said Mom you cannot stay down there by have got to come to Montgomery."

73 19 I see Dr. Singh pretty regular. The pain is so severe. I don't have the money to go back up the roa74 6 I can't drive up to Montgomery [from Camden it is about 40 miles]74 10 I can't drive to Selma [about 30 miles]. I drive a little bit around Camden.

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December 18, 2001 Deposition

Page Line Testimony

75 10

"Before this accident...I had a whole half a acre of vegetables and potatoes and stuff where I could run my tiller plow and gather my vegetables and sell. I don't have any of that. Because I love to do stuff."

76 14 Currently taking "Dorcet" for the pain [probably Lorcet]. 3 to 4 times a day.77 17 Never smoke, drunk or did drugs in my lief. I'm a faithful church member. Greater Faith Holiness 79 3 Living with daughters because of her condition. Cannot take care of herself.79 10

"I can't stand on my leg long enough to prepare a meal, get in the tub. It gave out on me several timSweeping, vacuuming, I've tried all that. That make the pain worse."

80 1 Address in Camden is 254 Jefferson Road.

80 17 My other daughter in Montgomery lives on Red Barn Road.

81 22 I also have Diabetes.84 2 I am in constant pain today. From my toe to my hip. 84 12 Dr. Cook is my regular doctor.84 15 The only other doctor I see on a regular basis now is Dr. Singh.

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January 19, 2007 Deposition

Price Depo 

19-Jan-07

Page Line Testimony

8 16 On no meds that will affect her ability to understand and give truthful answers

8 21 On two pain medications she cannot name.9 23 Has lived at 5850 Carriage Brook Road about seven years.

10 3 She and her daughter own the house.11 6 Only Willie J. Price and stepsister Irene Rich live there.11 13 She and Willie have been married 20 odd years.11 16 Anniversary is December 17th

11 18 DOB: 10/24/5011 21 Currently 5612 4 Went on disability in 197512 19 Disabled because of headaches.13 13 Intercranium pressure caused the headaches13 21 Knows of no other condition causing her disability in 1975

14 12 Dr. Roseanne Cook would know the most about her physical condition and has all her medical recor15 16 Was taken off disability at one time.15 10 Her headache problem resolved16 16 Was off disability for about 7 months.17 5 Never attempted to work while she was not receiving disability payments.18 16 Government pays if she goes to a doctor. She is on Medicare.19 16 Claims never to have fallen prior to exercise equipment event.19 19 Claims never to have hurt her knees before this event.19 23 Had never complained to a doctor about her knees before this event.20 4 Had never hurt her neck before this event.20 8 Involved in accident when a girl at a store dropped a hammer and stuff on my feet.20 14 Happened about eight years ago I think.20 22 Happened at Bill's Dollar Store.21 6 Item's fell across the top of my left foot.21 17 Suffered "Just Bruises. Had problems with my ligament."22 1 Dr. Roseanne Cook and Dr. Bryant in Montgomery know the most about that injury.22 7 Filed suit in Wilcox County over that claim.24 4 Have only filed two cases. This one and the one in Wilcox County.

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January 19, 2007 Deposition

Page Line Testimony

24 7

"Before this happened I was playing ball and doing my household, you know, and going anywhere th

go and do, driving, playing with the grandchildren 24/7 and having sex with my husband when I wan

25 9 At the time this happened I was 5'2" and 201 or 202 pounds.

25 17 Before the event I played volleyball and baseball in the backyard.

26 4

Before the event I did the cleaning, cookinhg, caring for my husband, washing and ironing, I would pwallpaper, mop, all that kind of stuff.

26 14 There were no household chores I could not do. I changed my furniture around.26 20 Before this incident she was under no restrictions of any kind in my ability to move or do things.27 3 Before accident she travelled to Boston, Detroit, Greenwood MS, Florida.27 12 Was able to drive herself for 3 hours or more at a time.27 20 Drove an SUV and an RV.28 18 Has 10 grandchildren she played with 24/7.29 18

"My husband had left me since I've been sick and stuff. My husband had walk out on me. He have there are other women he was going with. And during the time before then, I never had any problem

30 1

"And just sometimes we want to have sex and stuff, he understand that I can't have sex because we hurt me so bad he had to stop. It's pitiful."

30 9

Before the accident "Me and my husband used to have sex just about every night that it was and thethree times. We was really sexual. We would love one another and stuff like that."

31 1 We had no marital problems before the accident.31 6 Before the accident my husband was faithful to me.31 10 Before the accident we were having sex almost every night and sometimes more than once or twice31 14 After the accident my husband has left me twice.

31 18 One time it was just about 2 months when he went with a local woman.32 5 He came back and then left again for about a week or two. He won't tell me where he went.32 21 He came back about a week or so ago.33 4 He has been back in the house about a week.33 5 No he's been back at home now probably about seven or eight months.33 17 Husband is a pipelayer for W.S. Newell roadbuilding company.34 2 She has a 9th grade education. Attended Camden Academy. Left school when she got pregnant.34 22 First husband was Willie Lee Beverly.35 13 Willie Price has about a 10th grade education.35 22 She was last employed as a textile worker for a shirt factory.36 21 Neither she nor Willie Lee Beverly filed any suits in Camden.37 2 Had last been to a doctor about 2-3 months before the accident. Dr. Cook.37 23 Machine was purchased in December 2003.

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January 19, 2007 Deposition

Page Line Testimony

38 19

DX-1 was written by the guy at Wal-Mart who assembles the bikes. He was a cashier in the back thin the back.

39 39 It was the Wal-Mart on the Eastern Blvd in Montgomery.39 9 Does not know his name.39 13

Page PR27 of DX-1 has "Ms. Deloise Price", "TR 02812" and "396-6479" written on it. The man at Wnumber is her house telephone number.

40 8 He also wrote "Purchase 11 December '03"40 13 He also wrote "Please assemble".40 20 He also wrote "Thanks" signed a name. Name is illegible.40 23 Page 2 of DX-1 shows a code and some writing taken off the bike by her grandson.41 17 She can barely read. Don't spell correct.42 8 Myself and my husband went to the Wal-Mart on December 11, 2003.42 11

"He's buying me something for Christmas and every year lately I would get a piece of equipment for wanted that I didn't have."

42 19 I already had a lounge chair for exercise.42 3 Already had a treadmill.

42 6 I already had a weight thing that you twist and spin around for your sides.

44 2 Also had little 5 pound weights.

44 5 My gym was on the back porch, the patio behind my home.44 18 Wen to Wal-Mart knowing she was going to buy this equipment.44 22 Wanted one because I have been to a gym and used one before.45 18 She calls the equipment an "exercise bike".46 3

She had used one before at her sister's house. Martha Mack. She has a whole gym too. She had uat people's houses. No health club.

47 3 My ex-daughter in law, Regina Beverly also had one.

48 3 I was excited to get one for Christmas in 2003.48 9 Wal-Mart is my favorite store. Still is.48 15 Had been by there to look at the product before.48 18 Wal-Mart had one set up to look at. It wasn't for sale.49 7 Does not recall who she spoke to about the product.49 14 He was a older black person. He was older than me and very nice.50 1 She did not get on the floor sample and try it.50 9 She cannot recall anything he said about the product.50 12 The machine she wanted was in a box.50 19 Asked if they assembled the exercise bike and he said yes for a fee.

50 23 It think it was $10 or $15 to assemble.

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January 19, 2007 Deposition

Page Line Testimony

51 4 Without assembly I think the machine cost $140 or some odd dollars.51 9 It was not on sale.51 15 Paid by check. She has found the check she used to pay.51 22 She does not have the receipt for the product.52 5 The check did not include the assembly fee.52 12 Wrote the check on December 11, 2003.52 16 We left and they called about a week later. We had to go pick it up at the store.53 4 Willie Price went with me to pick up the assembled product. We drove a Chevy Lumina Van with the 53 13 The product was fully assembled as far as I know. There were no pieces they gave us to put on whe53 21 They gave us the product manual.54 16 Me and Willie picked it up and put it in the van at the Wal-Mart.55 1 Me and Willie took it out of the van when we got home.55 5

"We unlock the gate and carried it around and put it on the patio and had some thick plastic. We douor six times and taped it with duct tape 'cause we were waiting until around June or July."

55 13

"Every year around June or July all my younger family get together and start putting like $5 a week iThanksgivingn and whoever lose the most weight that's who get the jar."

55 20 We can't start losing weight until June or July.56 2 The weigh in is in June/July. You don't want to be thin then if you want the money. As much as $600 57 2

Me and Willie wrapped up the product when we got home because the patio is not protected from thdidn't want anyone to steal the thing. 

58 3 The machine just sat there until June when the family bet started.58 13 June 23 or 24 is my son's birthday and my sister's birthday and we have a big dinner. "We had a bar59 15 I weighed in at 202 pounds or something like that.60 5 We've had this bet for about 3 years or longer. I don't know.60 23 Nobody used the product from the time they brought it home in December 2003 until June 2004.62 13

DX-2 is excerpts from product manual: She reads the "Things to Do" 3rd item as follows: "Tie all--wh

securely before using equipment."

62 17 "That's what I paid them to do."62 3 Not sure she understands what equipment is supposed to be tight.62 8 Paid them to tighten the bolts.62 23 She would not have used the equipment if she knew the bolts were loose because she "knew that w64 4 Used it about 5-10 minutes before she fell off.64 11 She was the first person to use the product.

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January 19, 2007 Deposition

Page Line Testimony

64 20 No one has used it since she fell.64 23 It has been in the house since she fell.65 9 The accident happened on the patio.66 2 Dinner was about 3 p.m.66 7 Present were: Martha Mack, Willie Lee Beverly, Latora or Leyokie Beverly, Michelle Jackson, Ella Ja68 16 Ella left after we ate and did not see the accident. Neither did Leyokie.68 21

The following were outside on the patio when the accident happened: Willie Beverly Jr., Michelle JaWillie Price and Deloise Price.

69 22 All of them saw the accident happen.

70 7 The treadmill and the ab lounger were out on the patio also.70 17

We were in the backyard because it was a beautiful day. That was the day we were going to start ocompetition.

71 5 All the exercise equipment was being used. Michelle Jackson (daughter) was on the treadmill.75 17

No one was drinking alcohol. We had been to church, came back home, ate dinner. Don't drink. Lawhen I was 16. Don't smoke and don't drink.

79 13 When I fell I hit the back of the bike and then down on the ground.80 13 I fell backwards and on the concrete.80 18 I think my back, my lower back, hit the concrete first. Right leg was up underneath me bent.81 6 Did not notice anything loose during 5-10 minutes she used the product.81 11 Was not using the computer display.82 6 She was pedaling and using the handlebars like you are supposed to.

82 16 The handle broke loose. I think it was the left handle.83 3 Can't say if she was pulling or pushing the left handle bar when it broke loose.83 18 The left handlebar was laying on her as she laid behind the machine.84 7 Fell back and onto the right side of the machine on my right side.86 2

"At first they laughed because they really didn't know I had hurt myself. My husband and my son picwent to hollaring screaming she hurt, she hurt, that handlebar done broke."

86 10 They took me to the sofa.86 12 Was wearing Nikes, white sneakers with the little silver around and a blue joggin set and a white blo86 23 Had cuts and scrapes on right elbow.87 7 Also had scrapes on left wrist and forearm.

87 10 No other cuts or scrapes on her body.87 15 After we got to the sofa "I told them I was all right. Just let me lay there for a while."

87 19 My sister cleaned the blood and grit off my elbow.

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January 19, 2007 Deposition

Page Line Testimony

88 1 "They try to make me go to the doctor and I wouldn't go 'cause I just wouldn't go. I didn't know I was 88 20 Michelle Jackson is also on disability. Michelle has poor vision.89 10 They gave me some aspirin and put ice in a sock for my back and neck and right knee.90 5 No clothes were torn or cut.90 8 Head hit up against the brick.91 5 Just had surgery on left shoulder because of this.91 23 [Has large Keloid Scars on head from unrelated surgery] Has no scars from the incident.92 12

Did not go to a doctor right away "'cause I was not hurting as bad to go to a doctor. I was not hurting pain and as I would take Aleve and whatnot. And it got so that it wasn't helping me and I was swellinstill swelling." Kneecap was swelling on right.

93 1 "The next morning I couldn't turn. I couldn't even pick my neck up off the pillow and back."93 18 Had visible bruises on the back of neck.94 7 Thinks it was Monday or Tuesday that husband took her to see a doctor.94 13 She still did not want to go "'cause I just didn't want to go. I didn't know I was hurt like I was hurt."96 17 My daughter went over the manual with me before I got on the machine.97 5 No one checked the machine to see if the bolts were tight.97 12 No one made any adjustments to the machine. Nobody touched it.98 1 Had no trouble with machine until the handlebar came loose. Had not worked up a sweat.99 5 She still has a driver's license but no longer drives. Has no tickets because she hasn't been driving.

100 4 First went to a Pri-Med on East Bvld. 101 4

Mentioned throbbing and constant pain for two days. [on record dated 6/29/04]. Was taking Humulindepression medicine.

102 12

Had been on depression medicine about six months before the accident due to a lot of death in the fhimself.

103 3 Doesn't dispute Pri-Med record showing her weight on 6/29/04 to be 229 pounds.104 5 Doctor told her she had spasms in her back and a lot of soreness. "Give it time."104 16 Got prescription for Lorcet and Soma "for the muscles".106 23 Remembers later having a knee MRI and being told the knew was sprained.107 20

Later Dr. Tucker Mattox did arthroscopy on right knee and said she had a torn ligament. Said she nereplacement as a result of this accident.

109 13 "A lot of them [Drs] told me they don't find the problem."109 23

Physical therapy at HealthSouth did not help. [HeathSouth 2/23/3005 report says neck paid dramaticand back and right knee and shoulder are all worse. 

110 22 Dr. Hartzog did surgery on left shoulder.111 8 Received epidurals at the Pain Center. "Liked to kill me." Did not help.

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January 19, 2007 Deposition

Page Line Testimony

111 23 Dr. Hrynkiw at paid center told her he could do nothing further to help her.112 4 Has not fallen since accident.112 15 No one referred me to Dr. Chestnutt the chiropractor.113 1 Chiropractor has helped a little bit.113 4 Stopped going with insurance stopped paying.113 20 Current medical problems: "Start in my nec, my shoulder, and my back and my knee and other place114 2 Have been in a wheelchair about a year. Dr. Roseanne Cook ordered it for me.115 9 Had a torn ligament in my left shoulder. Dr. Hartzog said it happened in the accident.115 19 Dr. Patrick Ryan treats me for my back and neck.116 11 Dr. Cook and Dr. Ryan have talked about more surgery and Dr. Hartzog. Surgery on my neck.116 23 Don't want more surgery because the last one "liked to kill me." The shoulder surgery.117 17 Dr. Cook put me in a back brace and a "T" pump because "I said I am not having no surgery."118 11

I don’t know why I wasn't able to work before the accident. Nobody told me to go back and be evaluthat. 

118 23 Currently taking Lortab 4 or 5 times a day. And Naprosyn as needed.119 15 The depression got worse after the accident so I am on different depression medicine I take in the m121 6 Weight today is almost 250 pounds.121 9 Currently has trouble going to the bathroom. Drs. Say that when I had accident that it started my bla121 22 Never talked to anyone at Wal-Mart about the accident.122 4 Has kind of kept up with out-of-pocket expenses.122 20

Ever since August of 2004 my husband has been paying two girls to come in and help me every day bathe me, comb my hair, get my clothes, cook, clean up, change my beds. They take me places.

123 7 They stay during the day while my husband works. My daughter stayed with me when my husband 125 4 Currently cannot walk to the bathroom without stopping to rest.126 4 Need a new bed but Medicare will not pay for it.126 20

[This has] "messed my life up that's for sure. I'm messed up and messed up form my grands, my greinterrupt with my family life, my husband and stuff like that." 

127 1

"And I get very depressed because it hurt me. I can't go and do the things I like to do. I look at myseSometime I say I'm not even worth living and I have somebody stay around me all the time. I kill mysto this kind of life. I get very depressed. I mean very depressed. I hurt all the time. All the time. 24/7

to get to be a dope addict taking all those pills but if I don't take them, I just suffer."

127 15

"And before then I went everywhere. I was a big worker in the church and everything but no more. I mother of the church and I cannot do the sacrement or anything. My paster have come over a lot of because it's hard." 

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January 19, 2007 Deposition

Page Line Testimony

128 2

"Don't noby but me and the Lord know what I go through. It's real heard. Any everytime I say I be glout of my house. I have flashbacks when I see it a lot of time. I think about it. Like today when you 

saw myself just a go a falling. It just tears me apart. I told my son I probably go back with him for a w

128 12

"Like Christman and things that I used to enjoy with the grandchildren, I couldn't do it. And you just dI was. I had all kinds of fruit trees and pecans and stuff. I can't get none of them. People down therthem all. That bother me. I can't do it. I feel like life ain't living for."

129 1 "Honest to God I say sometime I wish I wouldn't be on this earth."

129 6 Member of Hope Ministrey International.130 5 Doctors have calmed pain down and it just gradually come on back up.

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