IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

DELOISE PRICE, | 

 | 

 PLAINTIFF | 

 | 

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

 | 

WAL-MART STORES, INC., | 

et al., | 

 | 

 DEFENDANTS | 

DEFENDANTS’ MOTION TO DISMISS FOR ATTEMPTS TO 

PERPETRATE FRAUD UPON THE COURT

 Come now the Defendants and move this honorable court pursuant to 

Federal Rules of Civil Procedure 11, 26(g)(2)(B), 37(b) and/or 41(b) to dismiss the 

claims of the Plaintiff as sanction for committing perjury or otherwise attempting 

to commit fraud upon this court. As grounds for this motion defendants would 

state as follows: 

1. Federal courts possess plenary authority to manage their own affairs 

so as to achieve the orderly and expedition disposition of cases and have the power 

to defend their integrity against “unscrupulous marauders”. Aoude v. Mobil Oil 

Corp., 892 F.2d 1115, 1119 (1st Cir. 1989). The United States Supreme Court has 

recognized a court's inherent power to impose the sanction of dismissal in response 

to abusive litigation practices. Link v. Wabash Railroad Co., 370 U.S. 626, 632, 8 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 1 of 14
2

L. Ed. 2d 734, 82 S. Ct. 1386 (1962); Roadway Express, Inc. v. Piper, 447 U.S. 

752, 765, 65 L. Ed. 2d 488, 100 S. Ct. 2455 (1980) (dismissal of a lawsuit is within 

a court's discretion); see also Vargas v. Peltz, 901 F. Supp. 1572, 1579 (S.D. Fla. 

1995) ("Federal district courts of this nation possess the inherent power to regulate 

litigation and to sanction citing Link v. Wabash Railroad Co., 370 U.S. 626, 630-

631 (1962). 

2. “In addition to the inherent power to sanction fraudulent litigation 

practices by dismissal, courts have found dismissal appropriate pursuant to Federal 

Rule of Civil Procedure 41(b). For example, the court in Pope v. Federal Express 

Corp. stated that "dishonest conduct by a party has been recognized as grounds for 

dismissal with prejudice under Rule 41(b)." 138 F.R.D. 675, 682 (W.D. Mo. 1990), 

aff'd in part, vacated in part on other grounds, 974 F.2d 982 (8th Cir. 1992) 

(citation omitted). It stated further that "dismissal under Rule 41(b) has been held 

appropriate where plaintiff has engaged in bad faith or egregious conduct, or where 

plaintiff's conduct threatens the very integrity of the judicial process." Id. (citation 

omitted).” McDowell v. Seaboard Farms of Athens, Inc., 1996 U.S. Dist. LEXIS 

19558; 10 Fla. L. Weekly D 355 (M.D. Fla. 1996). 

3. “[F]alse testimony in a formal proceeding is intolerable. We must 

neither reward nor condone such a flagrant ‘affront’ to the truth-seeking function 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 2 of 14
3

of adversary proceedings.” ABF Freight Sys., Inc. v. NLRB, 510 U.S. 317, 323 

(1994). 

4. Plaintiff Deloise Price has given false testimony in an attempt to 

commit fraud on this court. She is, in this case, attempting to claim damages using 

the same complaints she used in a personal injury lawsuit in Wilcox County in 

2001 while claiming she was essentially in excellent health prior to the accident in 

this case. 

5. Plaintiff’s deposition was taken in this case in Montgomery, Alabama, 

on January 19, 2007. See Exhibit A (January 2007 Deposition of Deloise Price). 

Her claim was that while using a new exercise machine manufactured, assembled 

and sold by defendants the left handle came loose causing her to fall. [Exhibit A, 

pgs. 82-84. The accident allegedly happened June 24, 2004. [Complaint Doc. 1-B] 

The “major” problems she described as being caused by the fall were: “Start in my 

neck, my shoulder, and my back and my knee and other places too; sex. Yes.” 

[Exhibit A, pg. 113, line 20] She gave her deposition in a wheelchair. Id., line 23. 

She was wearing a brace around her back “24/7”. Id., pg. 125, line 8 

6. During the deposition taken in January 2007 [Exhibit A] she made the 

following statements about her condition before the June 2004 incident: 

a. She had never fallen previously. [Pg. 19, line 16] 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 3 of 14
4

b. "Before this happened I was playing ball and doing my household, 

you know, and going anywhere that I wanted, you know, to go and do, 

driving, playing with the grandchildren 24/7 and having sex with my 

husband when I wanted." [Pg. 24, line 7] 

c. “I had a garden. I had all kinds of fruit trees and pecans and stuff. 

[Pg. 128, line 16] 

d. Before the accident "[m]e and my husband used to have sex just about 

every night that it was and then sometimes two and three times. We 

was really sexual. We would love one another and stuff like that." 

[Pg. 30, line 9] They had no marital problems before the accident. 

[Pg. 31, line 1] Before the accident she said they were having sex 

almost every night and sometimes more than once or twice. [Pg. 31, 

line 10]. She said he was faithful to her before the accident. [Pg. 31, 

line 6] 

e. Before the event she played volleyball and baseball in the back yard. 

[Pg. 25, linen 17] 

f. Before the event she did the cleaning, cooking, caring for her 

husband, washing and ironing. She said she would paint walls, hang 

wallpaper, mop, and “all that kind of stuff.” [Pg. 26, line 4] In other 

words, before the accident there were no household chores she could 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 4 of 14
5

not do. [Pg. 26, line 14]. Before this incident she was under no 

restrictions of any kind in my ability to move or do things. [Pg. 26, 

line 20] 

g. Before the accident she was able to travel to Boston, Detroit, 

Greenwood MS and Florida. She said she could drive herself in an 

SUV or RV for three hours at a time. [Pg. 27] 

7. During the deposition taken in January 2007 [Exhibit A] she made the 

following statements about her condition after the June 2004 incident: 

a. "My husband had left me since I've been sick and stuff. My husband 

had walk out on me. He have came back and I know there are other 

women he was going with. And during the time before then, I never 

had any problems with him." [Pg. 29, line 18] "And just sometimes 

we want to have sex and stuff, he understand that I can't have sex 

because we tried it one time and it hurt me so bad he had to stop. It's 

pitiful." [Pg. 30, line 1] Since the accident her husband had left her 

twice. [Pg. 31, linen 14] 

b. "And I get very depressed because it hurt me. I can't go and do the 

things I like to do. I look at myself in the mirror. Sometime I say I'm 

not even worth living and I have somebody stay around me all the 

time. I kill myself because I a'int used to this.” [Pg. 127, line 1] 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 5 of 14
6

c. "Like Christmas and things that I used to enjoy with the 

grandchildren, I couldn't do it. And you just don't know how outgoing 

I was. I had all kinds of fruit trees and pecans and stuff. I can't get 

none of them. People down there on my place getting them all. That 

bother me. I can't do it. I feel like life ain't living for." [Pg. 128, line 

12] "Honest to God I say sometime I wish I wouldn't be on this 

earth." [Pg. 129, line 1] 

8. During the deposition in 2007, Mrs. Price was asked about any prior 

lawsuits and she mentioned a claim against Bill’s Dollar Store in Camden which 

she said was settled. [Exhibit A, pg. 23, line 13] She said a clerk dropped a 

hammer, tacks, detergent and candles on her left foot. Id. pg. 21, line 1. When 

asked about the type of injury she said: “Just bruises. My ligament, you know, had 

problems with my ligament.” Id. pg. 21, line 17. It was directly following that 

testimony that she was asked about her condition before the 2004 accident in 

question when she said: 

Id. pg. 24, line 10. 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 6 of 14
7

9. Subsequent to the deposition defendants propounded additional 

interrogatories to Plaintiff. On April 9, 2007, Price responded to those 

interrogatories. See Exhibit B (Response to Extreme Performance Second 

Interrogatories) and Exhibit C (Response to Wal-Mart’s Second Interrogatories). 

In her responses she provided the following testimony: 

Exhibit B. 

Exhibit B. 

Exhibit B. 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 7 of 14
8

Exhibit C. 

Exhibit C. 

Exhibit C. 

10. After the January 2007 deposition, Defendant’s counsel obtained a 

copy of a deposition given by Deloise Price on December 18, 2001 in connection 

with the personal injury case she had filed against Bill’s Dollar Store in Camden, 

AL. See Exhibit D (Deposition of Delose Price taken December 18, 2001). In that 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 8 of 14
9

deposition she claimed that a clerk caused items to fall on one of her feet in 

November 1998. [Exhibit D, pg. 27, line 20 & pg. 35, line 12]. 

11. During the deposition taken in December 2001 [Exhibit D] she made 

the following statements about her condition before the November 1998 incident at 

Bill’s Dollar Store: 

a. "Before this accident...I had a whole half an acre of vegetables and 

potatoes and stuff where I could work and run my tiller plow and 

gather my vegetables and sell. I don't have any of that. Because I love 

to do that type stuff." [Pg. 75, line 10] 

b. Her husband and she had no problems before the accident. [Pg. 70, 

line 5] 

12. During the deposition taken in December 2001 [Exhibit D] she made 

the following statements about her condition after the November 1998 incident at 

Bill’s Dollar Store: 

a. Her doctor prescribed a walking stick because her leg kept giving out 

on her and she kept falling. [Pg. 71, line 21] 

b. I have pain "[a]ll the way from my toe. The pain run from the top of 

my feet down through my toe and up my hip constantly. And it 

caused us [her husband and she] to have to separate." [Pg. 68, line 23] 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 9 of 14
10

c. "I can't wear heels and things like other peoples. I have to wear flat, 

soft shoes all the time, and I'm constantly in pain all the time. And it's 

caused so much conflict between me and my husband, sex and 

whatnot. I can't even have sex and stuff like that. It's so painful, my 

hip and leg." [Pg. 68, line 13] [My husband left] "maybe into the 

prime of the two years of the accident. And he kept coming back and 

leaving, coming back and leaving. We were fussing and fighting and 

going on and stuff because he wanted to have sex and stuff, and we'd 

start and I couldn't perform like I used to.” [Pg. 72, line 3] 

d. She could not drive to Montgomery or Selma from Camden. [Pg. 74] 

e. "The pain and the pressure and stuff on me has just got to me, I don't 

even feel like it's worth living for. I really 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 

associate with peoples." [Pg. 10, line 16] [I can't associate with people 

because of] "[t]he pain, pain, the pain, the pain and the anger that it 

makes me. If I got to go on like this, it ain't worth living for because I 

thought maybe surgery or something could replace it and get me back 

to normal.” [Pg. 70, line 23] 

f. "No surgery ain't going to help me. I can't play with my 

grandchildren, run and play with them like I used to. Like, I'm 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 10 of 14
11

walking with the stick and stuff. What man wants somebody with a 

stick. It just ain't life." [Pg. 71, line 10] 

g. I "[c]ouldn't do the chores around the house and keep the house and 

stuff. I was just like a baby that you got to nurse and give the bottle 

all the time. He [her husband] told me them words." [Pg. 73, line 1] 

h. "Then I called my children and I talked to them and they said Mom 

you cannot stay down there by yourself, you have got to come to 

Montgomery." [Pg. 73, line 6] She was living with daughters in 

Montgomery because of her condition she cannot take care of herself. 

[Pg. 79, line 3] “I can't stand on my leg long enough to prepare a 

meal, get in the tub. It gave out on me several times. Sweeping, 

vacuuming, I've tried all that. That make the pain worse." [Pg. 79, line 

10] 

13. A summary comparison of her 2001 and 2007 depositions is attached 

as Exhibit E. 

14. On April 3, 2007, defense expert Dr. Tai O. Chung issued a report on 

the medical records of Deloise Price showing that: 

 “A review of her records shows that she had diagnosis of 

pseudotumor cerebri in 1975 with a VP shunt placement. The records 

also indicate she had back pain dating back to, at least, January 6, 

2000. She had multiple epidural injections in the lumbar spine in 

2001 by Dr. Singh. 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 11 of 14
12

 The reports of the diagnostic studies of the lumbar spine 

including x-rays and MRI scan before and after June 26, 2004, 

showed, essentially, no difference. Essentially it was found that there 

were mild degenerative changes in the lumbar spine and the presence 

of a VP shunt at the lower lumbar level.” 

Exhibit F, pg. 2. 

15. Shortly after April 9, 2007, counsel for the Defendants provided a 

copy of the December 2001 deposition of Deloise Price [Exhibit D] and Dr. 

Chung’s report [Exhibit F] to counsel for Plaintiff. Counsel for Plaintiff has had 

over 60 days to consider the contents thereof. 

16. Counsel for Plaintiff has missed the court imposed deadline for 

disclosing expert witnesses since being provided a copy of said 2001 deposition. 

No expert witnesses have been identified by Plaintiff. There is no indication that 

Plaintiff’s counsel will take any action to voluntarily dismiss this action after the 

2001 deposition and medical records review expert witness report was provided. 

17. Counsel for Plaintiff has been advised a motion to dismiss relating to 

the Plaintiff’s conduct would be forthcoming. 

18. The testimony given by Mrs. Price in January 2007 and her answers to 

discovery in April 2007 are clearly and unequivocally contrary to the testimony 

she gave in 2001 and her medical records. The answers reveal that she committed 

perjury in one or both of those depositions. She cannot honestly claim she was 

healthy prior to the injury in this case without admitting she committed perjury in 

Case 2:06-cv-00721-MHT-TFM Document 24 Filed 08/03/2007 Page 12 of 14
13

her 2001 deposition or her 2007 deposition. She cannot say she had no marital 

difficulties prior to this incident without admitting she committed perjury in her 

2001 deposition or her 2007 deposition. 

19. Furthermore, her testimony of her pain and suffering is almost 

identical in both the 2001 and 2007 depositions which indicate she is very adept at 

using the legal system to maximize her potential recovery. She has already 

apparently received one settlement through a civil case in which she made the 

same claims of damage and injury and marital infidelity caused by the injury. She 

should not have another bite at the apple. 

 WHEREFORE, this court should exercise its inherent power to sanction 

attempts to commit fraud upon this court by dismissing Plaintiff’s claims with 

prejudice. Cf. Stern, UNTANGLING A TANGLED WEB WITHOUT TRIAL: USING THE 

COURT’S INHERENT POWERS AND RULES TO DENY A PERJURING LITIGANT HIS DAY IN 

COURT, 66 J. Air. L. & Com. 1251 (2001). 

 _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 24 Filed 08/03/2007 Page 13 of 14
14

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 3rd day of August, 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 24 Filed 08/03/2007 Page 14 of 14
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

Page 1

1 IN THE UNITED STATES DISTRICT COURT FOR 

2 THE MIDDLE DISTRICT OF ALABAMA

3 NORTHERN DIVISION

4

5 CASE NUMBER: CV:2:06-CV-721

6

7 DELOISE PRICE, 

8 Plaintiff,

9 vs.

10

11 WAL-MART STORES, INC., et al.,

12 Defendants.

13

14 S T I P U L A T I O N 

15 IT IS STIPULATED AND AGREED by 

16 and between the parties through their 

17 respective counsel, that the deposition 

18 of DELOISE PRICE may be taken before 

19 Leslie K. Hartsfield, at the offices of 

20 Rushton, Stakely, Johnston & Garrett, 

21 184 Commerce Street, Montgomery, 

22 Alabama, 36104,

23 DEPOSITION OF DELOISE PRICE

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 1 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

2 (Pages 2 to 5)

Page 2

1 taken on the 19th day of January, 2007. 

2 IT IS FURTHER STIPULATED AND 

3 AGREED that the signature to and the 

4 reading of the deposition by the witness 

5 is waived, the deposition to have the 

6 same force and effect as if full 

7 compliance had been had with all laws 

8 and rules of Court relating to the 

9 taking of the deposition.

10 IT IS FURTHER STIPULATED AND 

11 AGREED that it shall not be necessary 

12 for any objections to be made by counsel 

13 to any questions except as to the form 

14 or leading questions, and that counsel 

15 for the parties may make objections and 

16 assign grounds at the time of the trial, 

17 or at the time said deposition is 

18 offered in evidence, or prior thereto.

19 IT IS FURTHER STIPULATED AND 

20 AGREED that the notice of filing of the 

21 deposition by the Commissioner is 

22 waived.

23

Page 3

1 INDEX

2 EXAMINATION BY: PAGE NUMBER:

3 Mr. Bailey 6

4

5

6

7

8 DEFENDANTS' EXHIBITS:

9 1 - Handwritten papers 38

10 2 - Pages from manual 45

11 3 - Drawing 71

12 4 - Photographs 76

13 5 - Photographs 80

14 6 - Drawing 84

15 7 - Pri-Med records 98

16

17

18

19

20

21

22

23

Page 4

1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE MIDDLE DISTRICT OF ALABAMA

3 NORTHERN DIVISION

4

5 CASE NUMBER: CV:2:06-CV-721

6

7 DELOISE PRICE,

8 Plaintiff,

9 vs.

10

11 WAL-MART STORES, INC., et al.,

12 Defendants.

13

14 BEFORE:

15 LESLIE K. HARTSFIELD,

16 Commissioner.

17

18 APPEARANCES:

19 COCHRAN, CHERRY, GIVENS & SMITH, 

20 P.C., by Mr. Brian P. Strength, 306 

21 North Main Street, Tuskegee, Alabama, 

22 36083, appearing on behalf of the 

23 Plaintiff.

Page 5

1 RUSHTON, STAKELY, JOHNSTON & 

2 GARRETT, by Mr. Dennis R. Bailey, 184 

3 Commerce Street, Montgomery, Alabama, 

4 36104, appearing on behalf of the 

5 Defendants.

6

7 ********

8

9 I, LESLIE K. HARTSFIELD, a Court 

10 Reporter of Prattville, Alabama, acting 

11 as Commissioner, certify that on this 

12 date, as provided by the Federal Rules 

13 of Civil Procedure and the foregoing 

14 stipulation of counsel, there came 

15 before me at the offices of Rushton, 

16 Stakely, Johnston & Garrett, 184 

17 Commerce Street, Montgomery, Alabama, 

18 36104, beginning at 10:45 a.m., DELOISE 

19 PRICE, witness in the above cause, for 

20 oral examination, whereupon, the 

21 following proceedings were had:

22

23

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 2 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

3 (Pages 6 to 9)

Page 6

1 DELOISE PRICE

2 being first, duly sworn, was examined 

3 and testified as follows:

4 

5 THE REPORTER: Usual 

6 stipulations? 

7 MR. STRENGTH: Sure. 

8 MR. BAILEY: Yes. 

9 

10 EXAMINATION BY MR. BAILEY:

11 Q. Your full name, please. 

12 A. Deloise Price. Deloise G. 

13 Price. Sorry.

14 Q. Deloise, what does the "G" 

15 stand for? 

16 A. Geanese. 

17 Q. Would you spell it? 

18 A. I think my mother spelled it 

19 G-E-A-N-E-S-E. 

20 Q. Deloise, my name is Dennis 

21 Bailey. I represent the defendants in 

22 the case that you have filed here in 

23 Montgomery federal court. And I'm going 

Page 7

1 to be asking you questions today about 

2 that case, about your injuries, about 

3 your past medical conditions, et cetera, 

4 for the purpose of trying to get as much 

5 information as I can about what has 

6 happened and things of that nature. So 

7 it's very important that the information 

8 you give me be as accurate as you can 

9 possibly make it. 

10 A. Yes, sir. 

11 Q. And along those lines, if 

12 you for any reason can't understand my 

13 question or don't understand my 

14 question, I'll be happy to rephrase it. 

15 All you have to do is tell me, okay? 

16 A. Yes, sir. 

17 Q. But if you answer the 

18 questions, you know, I may be able to 

19 use the answers later --

20 A. Yes, sir. 

21 Q. -- if you change your 

22 testimony. So that's why it's important 

23 to let me know if you don't understand. 

Page 8

1 Also, this is not supposed to be a 

2 physical ordeal. So if you need to take 

3 a break to go to the restroom, to get 

4 some water, just walk around --

5 A. Yes. 

6 Q. -- all you do is ask me and 

7 we'll take a break. 

8 A. Yes, sir. 

9 Q. Do you understand what I've 

10 just said? 

11 A. Yes, I do. 

12 Q. Great. Are you currently on 

13 any medications that would affect your 

14 ability to understand questions and give 

15 truthful answers? 

16 A. Not that I know of. 

17 Q. I know you're probably on 

18 some medication. What are the 

19 medications you are on for other 

20 reasons? 

21 A. I'm on -- it's two pain 

22 medications. Oh, I can't think of the 

23 name. 

Page 9

1 Q. Do you have the bottles with 

2 you? 

3 A. My sister have one of the 

4 bottles out there. They know -- she 

5 know exactly what it is. I can't -- 

6 it's right on the tip of my tongue and I 

7 can't recall it. 

8 Q. Well, I'm going to go over 

9 your medical records and there's 

10 references to medicines and then 

11 probably we'll get to it that way. But 

12 you're taking some pain medication 

13 today? 

14 A. Yes, sir. 

15 Q. But it won't affect your 

16 ability to answer my questions? 

17 A. No, sir. 

18 Q. What is your address? 

19 A. 5850 Carriage Brook Road, 

20 Montgomery, Alabama, 36116. 

21 Q. And how long have you 

22 resided there? 

23 A. About seven years. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 3 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

4 (Pages 10 to 13)

Page 10

1 Q. Are you the owner of that 

2 property? 

3 A. Yes, sir. 

4 Q. Does anyone else own it with 

5 you? 

6 A. My daughter and I. 

7 Q. How long have you and your 

8 daughter owned that property? 

9 A. Seven years. 

10 Q. Tell me again the names of 

11 the individuals who reside there. Your 

12 sister's name; for example, is? 

13 A. Is Martha Mac. 

14 Q. M-A-C? 

15 A. M-A-C. 

16 Q. And her last name is 

17 Price? 

18 A. Mack. 

19 Q. Oh, M-A-C-K? 

20 A. Right. Right. Yeah, 

21 Mack. 

22 Q. She's your sister? 

23 A. Yes. 

Page 11

1 Q. Who else lives there? 

2 A. She doesn't live there 

3 now. 

4 Q. Okay. I want to know who 

5 lives at that house. 

6 A. My husband Willie J. Price 

7 and my stepsister Irene Rich. 

8 Q. Anyone else live there? 

9 A. No, sir. 

10 Q. How long have you and Willie 

11 J. been married? 

12 A. Over 20 some odd years. 

13 Q. 20 plus years? 

14 A. Yes, sir. 

15 Q. What is your anniversary? 

16 A. December the 17th. 

17 Q. Your date of birth? 

18 A. 10/24/50. 

19 Q. And you are currently how 

20 old? 

21 A. I am 56. 

22 Q. When were you last 

23 employed? 

Page 12

1 A. Been years. 

2 Q. When did you go on 

3 disability? 

4 A. In 1975. 

5 Q. And were you rated to be a 

6 hundred percent disabled for some reason 

7 back then? 

8 A. Nobody never told me that. 

9 Q. But you applied for 

10 disability through Social Security? 

11 A. Yes, sir. 

12 Q. And they granted that to you 

13 sometime in '75 as far as you can 

14 recall? 

15 A. Yes, sir. 

16 Q. What was the reason, if you 

17 know, that they determined you to be 

18 disabled? 

19 A. I was being bothered with 

20 headaches. 

21 Q. Headaches? 

22 A. Yes, sir. 

23 Q. Were there any other 

Page 13

1 problems that you recall telling them 

2 about that might have affected their 

3 decision to grant you disability 

4 status? 

5 A. Yes, sir. It was my -- I 

6 had incranium pressure on the brain. 

7 Q. Intracranium --

8 A. Yes, sir. 

9 Q. -- pressure? 

10 A. On the brain. 

11 Q. What was causing -- that was 

12 causing headaches? 

13 A. Yes, sir. 

14 Q. What was causing that, if 

15 you know? 

16 A. I don't know that. 

17 Q. Were there any other 

18 physical or mental conditions that 

19 contributed to your being granted 

20 disability in 1975? 

21 A. Not that I know of. 

22 Q. What kind of problems did 

23 this intracranium pressure on your brain 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 4 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

5 (Pages 14 to 17)

Page 14

1 cause you in addition to headaches, if 

2 anything? 

3 A. A lot of fluid. 

4 Q. Fluid on the head? 

5 A. Yes, sir. 

6 Q. What doctor would know the 

7 most about your physical condition 

8 concerning your -- the pressure in your 

9 head? 

10 A. Well, Dr. Roseanne Cook. 

11 She has all my medical records. 

12 Q. Roseanne Cushy? 

13 A. Cook, C-O-O-K. 

14 Q. Cook. Where does she 

15 practice? 

16 A. In Pine Apple, Alabama. 

17 Q. What type of doctor is 

18 she? 

19 A. I think she's just a medical 

20 doctor. 

21 Q. Family practice? 

22 A. Yes, sir. 

23 Q. GP. And why or -- explain 

Page 15

1 to me how the headaches you had made you 

2 unable to work. 

3 A. They were just, you know, 

4 pounding headaches, constantly 

5 headaches. 

6 Q. Would they go away or -- 

7 A. Sometimes. Sometimes it 

8 wouldn't. 

9 Q. Has that problem resolved? 

10 A. As far as I know, yes. 

11 Q. Were you ever taken off of 

12 disability? 

13 A. At one time. 

14 Q. When were you taken off of 

15 disability? 

16 A. It been a while back. 

17 Q. Was it sometime after 

18 1975? 

19 A. Yes, sir. 

20 Q. About how long were you on 

21 disability before you came off of 

22 disability? 

23 A. Maybe -- I think it was 

Page 16

1 about three years. 

2 Q. I'm not going to hold you to 

3 a precise date --

4 A. Yes, sir. 

5 Q. -- because I know we're 

6 going on memory. But after this period, 

7 how long were you not on disability? 

8 A. For about seven months. 

9 Q. And did you go back onto 

10 disability after approximately seven 

11 months? 

12 A. Yes, sir. 

13 Q. What was the reason on that 

14 occasion that you were declared to be 

15 disabled? 

16 A. Same thing, headaches. 

17 Q. And whenever that occurred, 

18 probably sometime in the '70s, have you 

19 been disabled ever since? 

20 A. Yes, sir. 

21 Q. Have you ever been taken off 

22 disability since the second time you 

23 went on? 

Page 17

1 A. No, sir. 

2 Q. Did you attempt to work 

3 during the period of time that you were 

4 not receiving disability payments? 

5 A. No, sir. 

6 Q. Who, if you know, testified 

7 as a medical person or gave a letter or 

8 report to Social Security to say that 

9 Ms. Price is not able to work because of 

10 these headaches? 

11 A. I really don't know. 

12 Q. Do you recall being 

13 evaluated by some doctor who represented 

14 the Social Security Administration? 

15 A. I sure don't. I don't know. 

16 But there was some doctors involved but 

17 I don't know their names. 

18 Q. Did you have to have an 

19 attorney during that process to help you 

20 get approved for disability? 

21 A. No, sir. Yes. I'm sorry. 

22 I'm so sorry. 

23 Q. That's okay. Listen, if you 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 5 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

6 (Pages 18 to 21)

Page 18

1 make a mistake and you correct it on the 

2 record then I won't use it against you, 

3 okay? 

4 A. Okay. Yes, sir. Through 

5 legal service. I don't know her name. 

6 Q. Legal Services of Alabama 

7 helped you get disability back in the 

8 '70s? 

9 A. Yes, sir. 

10 Q. Now, as part of your 

11 disability benefits, do you get some 

12 type of medical benefit? 

13 A. What you mean medical? 

14 Q. I mean does the government 

15 pay if you have to go see a doctor? 

16 A. Yes. 

17 Q. Is that called Medicaid or 

18 Medicare? I never can keep -- 

19 A. I think it's Medicare. The 

20 blue, white, and red card. 

21 Q. You've got a card for the 

22 government? 

23 A. Yes, sir. 

Page 19

1 Q. And if you need to go see a 

2 doctor, that's what you show them? 

3 A. Yes, sir. 

4 Q. And do they make you pay 

5 anything when you go see a doctor? 

6 A. Sometime. 

7 Q. A copay of some type? 

8 A. Yes, sir. 

9 Q. What's the most you ever had 

10 to pay when you went to see a doctor? 

11 A. Well, I think $150 when I 

12 got ready to have this knee surgery. 

13 Q. Before this bike, this 

14 exercise equipment issue, had you ever 

15 fallen? 

16 A. No, sir. 

17 Q. Had you ever hurt your 

18 knees? 

19 A. No, sir. 

20 Q. Had you ever gone to a 

21 doctor and complain that your knees 

22 hurt? 

23 A. No, sir. 

Page 20

1 Q. What about your neck, had 

2 you hurt your neck before the incident 

3 we're here about today? 

4 A. No, sir. 

5 Q. Had you been involved in any 

6 accidents? 

7 A. Nothing but this right -- 

8 no, this was the left one. I had 

9 dropped a -- a girl in a store dropped a 

10 hammer and some more stuff on my feet, 

11 yeah. 

12 Q. When did that happen? 

13 A. About -- about eight years, 

14 I think. Something like that. 

15 Q. Was that while you were 

16 working or while you were just at the 

17 store? 

18 A. I was just at the store. 

19 Q. You were just a customer? 

20 A. Yes, sir. 

21 Q. What store were you at? 

22 A. At Bill's Dollar. 

23 Q. What fell on your body? 

Page 21

1 A. Hammer and tacks and dish 

2 detergent, stuff like that, and a big 

3 old, you know, big candles. 

4 Q. What part of your body did 

5 these things fall on? 

6 A. On -- on my left, across the 

7 top of my left foot. 

8 Q. The top of your left foot? 

9 A. Uh-huh (affirmative 

10 response). 

11 Q. Did it cause injury? 

12 A. Yes, sir. 

13 Q. Did it break your foot? 

14 A. No, sir. 

15 Q. What kind of injury did it 

16 cause, just bruising? 

17 A. Just bruises. My ligament, 

18 you know, had problems with my 

19 ligament. 

20 Q. What doctor, if you recall, 

21 would have helped you the most or known 

22 the most about that injury? 

23 A. Dr. Roseanne Cook and Dr. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 6 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

7 (Pages 22 to 25)

Page 22

1 Bryant here in Montgomery but I don't 

2 know her name, you know, all of her name 

3 right now. 

4 Q. Did you file any claim or 

5 case or lawsuit against the Bill's 

6 Dollar store over that incident? 

7 A. I did. 

8 Q. Where did you file that 

9 suit? 

10 A. In Wilcox County. 

11 Q. Is that where it happened? 

12 A. Yes, sir. 

13 Q. Where in Wilcox County did 

14 it happen? 

15 A. Bill Dollar's. 

16 Q. Where is Bill's Dollar in 

17 Wilcox County? 

18 A. Downtown. 

19 Q. Camden? 

20 A. Yes, sir. 

21 Q. Who represented you in that 

22 suit? 

23 A. He's up here now. I went -- 

Page 23

1 I went blank, but I can get it and give 

2 it to you. 

3 Q. Somebody that's here in 

4 Montgomery now? 

5 A. Well, he was in Wilcox 

6 County then. 

7 MR. STRENGTH: Stewart 

8 Vance. 

9 A. Stewart Vance. Yeah, that's 

10 it. Stewart Vance.

11 Q. Did that case go to trial or 

12 was it settled? 

13 A. It was settled. 

14 Q. Was the term of the 

15 settlement confidential? 

16 A. I'm assuming it was. I 

17 don't know. I really don't. 

18 Q. Did you file that suit in 

19 your name, Deloise G. Price? 

20 A. Yes, sir. 

21 Q. Have you filed any other 

22 lawsuits at any time other than the one 

23 in Wilcox County and the one that we're 

Page 24

1 here today about? 

2 A. That's it. 

3 Q. Two cases? 

4 A. Yes, sir. 

5 Q. Have you ever been sued? 

6 A. No, sir. 

7 Q. Describe for me your 

8 physical condition before this incident 

9 happened. 

10 A. Oh, before this happened, I 

11 was -- I was playing ball and doing my 

12 household, you know, and going anywhere 

13 that I wanted, you know, to go and do, 

14 driving, playing with the grandchildren 

15 24/7 and having sex with my husband when 

16 I wanted. 

17 MR. STRENGTH: Off the 

18 record.

19

20 (A discussion was held off the 

21 record.)

22

23 Q. (By Mr. Bailey) What was 

Page 25

1 your height and weight? 

2 A. Five-two and about 201 or 2, 

3 something like that. 

4 MR. STRENGTH: I'm sorry. 

5 Did you say what is or what was? 

6 Q. What was. That would have 

7 been your weight at the time this 

8 happened? 

9 A. Yes, sir. 

10 Q. You said you would be 

11 playing ball. What kind of ball do you 

12 mean? 

13 A. We was playing volleyball, 

14 baseball, like that. 

15 Q. Are you talking about in the 

16 backyard --

17 A. In the backyard. 

18 Q. -- or on a team? 

19 A. No, in the backyard, stuff 

20 like that. 

21 Q. You mentioned you could do 

22 your household work. 

23 A. Yes. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 7 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

8 (Pages 26 to 29)

Page 26

1 Q. What do you do -- what did 

2 you do as part of the household chores 

3 before the accident? 

4 A. Cleaning, cooking, caring 

5 for my husband, you know, washing and 

6 ironing, say if my house something need 

7 paint or something, I would paint, paint 

8 walls, hang wallpaper, mop, all that 

9 kind of stuff. 

10 Q. Were there any household 

11 duties that you couldn't do or wouldn't 

12 do or that you can think of before you 

13 were hurt? 

14 A. No, sir. I changed my 

15 furniture, everything around. 

16 Q. Were you under any 

17 restrictions at all that you remember in 

18 terms of your ability to move or do 

19 things before this accident? 

20 A. No, sir. 

21 Q. You mentioned that you could 

22 just go anywhere you wanted to go to. 

23 Give me an example of places you could 

Page 27

1 visit or had visited within five years 

2 of this incident. 

3 A. Boston, Massachusetts; 

4 Detroit; Greenwood, Mississippi; 

5 Florida. 

6 Q. What part of Florida? 

7 A. Gulf Shores. Went to 

8 Tennessee in the mountains. 

9 Q. Would you have driven to all 

10 these places or flown to any of them? 

11 A. Drive, just drive. 

12 Q. And so were you able to 

13 drive long -- three hours at a time in a 

14 car? 

15 A. Oh, yes. 

16 Q. And you drove yourself? 

17 A. Yes. 

18 Q. Did you drive anything other 

19 than a car such as any other -- 

20 A. An SUV? 

21 Q. Uh-huh (affirmative 

22 response). 

23 A. RV. We had an RV.

Page 28

1 Q. What kind of RV did y'all 

2 have? 

3 A. A Dodge. 

4 Q. How big an RV was it? 

5 A. It's the biggest one I think 

6 that they made. The big one with big 

7 queen size bed and a bed that comes down 

8 from the (indicated). 

9 Q. So you've been able to drive 

10 a fairly large recreational vehicle? 

11 A. Yes, sir. 

12 Q. An SUV and an automobile? 

13 A. Yes, sir. 

14 Q. So you play with the 

15 grandchildren. You would play with the 

16 grandchildren 24/7. How many 

17 grandchildren? 

18 A. Ten. 

19 Q. Wow. Do any of them -- none 

20 of them live there though? 

21 A. Oh, no. 

22 Q. But they would visit? 

23 A. Yes, sir. 

Page 29

1 Q. Do you take care of them 

2 during the day? 

3 A. Sometime I did, yes, sir. 

4 And I used to pick my granddaughter up 

5 from school all the time. 

6 Q. Now, you mentioned your sex 

7 life. I know your husband's got a claim 

8 here so we need to get into that. Give 

9 me an idea of what your sex life was 

10 before the incident. 

11 A. It's kind of hard to 

12 describe. 

13 Q. If you need to take a break, 

14 we can do that. 

15 MR. STRENGTH: I'll get you 

16 a little water. If you need to take a 

17 break, we can. 

18 A. My husband had left me since 

19 I've been sick and stuff. My husband 

20 had walk out on me. He have came back 

21 and I know there are other women he was 

22 going with. And during the time before 

23 then, I never had any problems with him. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 8 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

9 (Pages 30 to 33)

Page 30

1 And just like sometimes we want to have 

2 sex and stuff, you know, he understand 

3 that I can't have, you know, sex because 

4 we tried it one time and it hurt me so 

5 bad so he had to stop. It's pitiful. 

6 Q. Before the incident -- tell 

7 me -- tell me about your sex life or -- 

8 before the accident. 

9 A. Me and my husband used to 

10 have sex just about every night that it 

11 was and then sometimes two and three 

12 times, you know. We was really sexual. 

13 We always, you know, would love one 

14 another and stuff like that. 

15 Q. Were there any marital 

16 difficulties prior to this accident? 

17 A. What you mean by that? 

18 Q. I mean, incidents where; for 

19 example, you thought he was not being 

20 faithful to you, other women? 

21 A. Talking about involved now? 

22 Q. No. Talking about before 

23 the accident. 

Page 31

1 A. Oh, no. No. No. I had 

2 no -- no. No. 

3 Q. So before the accident, you 

4 had -- your husband was faithful to you 

5 as you know -- as far as you know? 

6 A. Yes, sir. 

7 Q. You had -- you were having 

8 sex almost every night and sometimes 

9 more than once or twice? 

10 A. Yes, sir. 

11 Q. And after the accident, it's 

12 my understanding that your husband has 

13 left you at least on one occasion? 

14 A. Two occasions. 

15 Q. All right. Two occasions. 

16 How long did he leave you on each 

17 occasion? 

18 A. I know one time it was 

19 something like just about two months. 

20 Q. Where did he go during the 

21 two months? 

22 A. With a woman. 

23 Q. Local woman? 

Page 32

1 A. Well, some woman here in 

2 Montgomery. 

3 Q. And then he came back and he 

4 left again? 

5 A. Yes, sir. 

6 Q. How long did he leave the 

7 second time? 

8 A. I would say about a week or 

9 two. 

10 Q. Did he go live with some 

11 other woman or the same woman? 

12 A. He won't tell me. 

13 Q. Did you have him followed or 

14 have anybody check on where he was 

15 during that period of time? 

16 A. I knew he was going with 

17 somebody. 

18 Q. How long ago was it that he 

19 came back after the second time he 

20 left? 

21 A. Probably about a week or 

22 so. 

23 Q. So he's been back about a 

Page 33

1 week? 

2 A. Talking about he's been back 

3 in the house now about a week? 

4 Q. Yes. 

5 A. It been -- oh, no. He been 

6 back at home now probably about seven or 

7 eight months, something like that. 

8 Q. And how are things now? 

9 A. It ain't like it should 

10 be. 

11 Q. What does your husband do 

12 for a living? 

13 A. Work for Newell. 

14 Q. W.S. Newell road builder? 

15 A. (Nodded head affirmatively.)

16 Q. What does he do for them? 

17 A. He's a pipe layer. 

18 Q. How long he been working 

19 there? 

20 A. I think it's six or seven 

21 years. 

22 Q. Ms. Price, I forgot to ask 

23 you about your educational background. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 9 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

10 (Pages 34 to 37)

Page 34

1 How far have you gone in school? 

2 A. Ninth grade. 

3 Q. Where did you finish the 

4 ninth grade? 

5 A. Camden Academy. 

6 Q. Why did you leave school in 

7 the ninth grade? 

8 A. Because I was pregnant. 

9 Q. How many children do you 

10 have? 

11 A. Three. 

12 Q. How many of those children 

13 are Willie Price's children? 

14 A. Not any. 

15 Q. So all these children were 

16 before y'all got married? 

17 A. My first husband. 

18 Q. So you were married to one 

19 other man? 

20 A. Yes, sir. 

21 Q. What was his name? 

22 A. Willie Lee Beverly. 

23 Q. Beverly? 

Page 35

1 A. Yes, sir. 

2 Q. And during that period of 

3 time, you would have gone by the name of 

4 Deloise Beverly? 

5 A. Beverly, yes, sir. 

6 Q. Would you have lived in 

7 Camden? 

8 A. Yes, sir. 

9 Q. Tell me about your husband's 

10 educational background. Where did he go 

11 to school and how far in school has he 

12 gone? 

13 A. I think -- I'm not sure. I 

14 think about the 10th grade. 

15 Q. Where did he grow up? 

16 A. In a little place they call 

17 Red Creek. 

18 Q. What county is that in? 

19 A. I think it's Thomasville. 

20 Q. Near Thomasville, Alabama? 

21 A. Yes, sir, I think so. 

22 Q. Where did you last work, 

23 Bell South -- South Central Bell? 

Page 36

1 A. No, sir. It was a shirt 

2 factory. 

3 Q. What did you do? 

4 A. I was a seamstress. 

5 Q. Where was that factory? 

6 A. In Camden, Alabama. 

7 Q. Where has your husband work 

8 before W. S. Newell? 

9 A. MacMillan Bloedel. 

10 Q. What did he do for them? 

11 A. He did, I don't know, 

12 operate a machine or something like 

13 that. 

14 Q. Machine operator. Do you 

15 know of any lawsuits that your husband 

16 has filed other than this one? 

17 A. Nothing that I -- no, sir, 

18 that I know of. 

19 Q. Did Willie Beverly and you 

20 file any lawsuits in Camden? 

21 A. No, sir. 

22 Q. Before this incident, when 

23 was the last time you had been to a 

Page 37

1 doctor, if you can remember? 

2 A. Oh, probably about two or 

3 three months or something. 

4 Q. Who would have been the 

5 doctor you went to on that occasion? 

6 A. Roseanne Cook. 

7 Q. Would Dr. Cook know the most 

8 about your medical condition before the 

9 accident? 

10 A. Yes, sir. 

11 Q. You said she's in Camden? 

12 A. In Pine Apple. 

13 Q. Is that in Wilcox County --

14 A. Yes, sir. 

15 Q. -- or is that Montgomery? 

16 A. Wilcox County. 

17 Q. Let's talk about this 

18 machine. When was it purchased? 

19 A. December, around December. 

20 I don't remember exactly the date. 

21 Q. I found a little piece of 

22 paper that said something about purchase 

23 11 December '03. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 10 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

11 (Pages 38 to 41)

Page 38

1 A. Hold it up and let me see if 

2 that's it. 

3 Q. (Complied.) 

4 A. That's it. Yes, sir. 

5 Q. Let's mark this as 

6 Defendants' Exhibit 1 to your 

7 deposition. 

8 MR. STRENGTH: You want both 

9 pages to be -- 

10 Q. Yes. There's two pages. 

11 They're marked PR27 and 28. I'm going 

12 to mark them Defendants' Exhibit 1. 

13 

14 (Defendants' Exhibit No. 1 was 

15 marked for identification.)

16 

17 Q. Who wrote on Defendants' 

18 Exhibit 1, whose writing is that? 

19 A. The guy that's over the, you 

20 know, that assembly, that assemble the 

21 bikes. He was a cashier in the back 

22 back there where they assemble in the 

23 back. 

Page 39

1 Q. Cashier where? 

2 A. At Wal-Mart. 

3 Q. Which one? 

4 A. On the Eastern -- Eastern 

5 Boulevard. 

6 Q. Do you know the name of this 

7 person? 

8 A. Oh, no, I don't know his 

9 name. 

10 Q. Did Exhibit 1, the first 

11 page PR27, who wrote Ms. Deloise 

12 Price? 

13 A. He did. 

14 Q. Who wrote TR 02812? 

15 A. He did. 

16 Q. What is this telephone 

17 number, 396-6479? 

18 A. Mines. He wrote it to call 

19 me when the bike was ready. 

20 Q. That's your cell number? 

21 A. No, sir. That's -- yes, 

22 sir. 396-6479. No. No. That's my 

23 house number. 

Page 40

1 Q. So --

2 A. House number. 

3 Q. -- that's your land line at 

4 the house? 

5 A. Yes, sir. 

6 Q. Who wrote this purchase 11 

7 December '03? 

8 A. He did. 

9 Q. That Thursday -- it was a 

10 Thursday that it was purchased? 

11 A. I can't recall what day but 

12 he did. 

13 Q. And says, Please assemble, 

14 who wrote that? 

15 A. He did. 

16 Q. Thanks something, and then I 

17 can't read the name. 

18 A. He did. 

19 Q. He wrote that? 

20 A. Yes, sir. 

21 Q. On Page 2 of this exhibit, 

22 there's a production code and then some 

23 writing. Where did you get that piece 

Page 41

1 of paper? 

2 A. Off the bike. 

3 Q. Is that your writing 

4 underneath that? 

5 A. That's my grandson's 

6 writing. 

7 Q. What does that say? 

8 A. The name. That's for -- I 

9 don't know what it is. Like Perform 

10 something, Performance. Yes, sir. 

11 Q. It's hard to read. 

12 Performance Series EE120. Are you able 

13 to read and understand the English 

14 language? 

15 A. I'm not able -- I don't read 

16 and spell, you know, correct. 

17 Q. I don't spell correct. 

18 A. Well -- 

19 Q. If I show you a document and 

20 you can't read it, you just tell me, 

21 okay. 

22 A. Yes, sir. 

23 Q. I'm going to ask if you can 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 11 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

12 (Pages 42 to 45)

Page 42

1 read some of this stuff. 

2 A. Okay. 

3 Q. Getting back to this, who 

4 went to the Wal-Mart on the Eastern 

5 Boulevard in Montgomery on December the 

6 3rd -- excuse me, December 11, 2003 to 

7 purchase this product? 

8 A. Myself and my husband. 

9 Q. What was the reason y'all 

10 went to the Wal-Mart that day? 

11 A. Well, he's buying me 

12 something for Christmas and every year 

13 lately that I would get a piece of 

14 equipment, you know, for a gym and 

15 that's what I wanted that I didn't 

16 have. 

17 Q. What did you already have? 

18 A. Oh, I had a lounge chair. 

19 Q. A lounge chair. How's that 

20 a piece of exercise equipment? 

21 A. That's exercise. That what 

22 you talking about? 

23 Q. Yes. 

Page 43

1 A. Treadmill. 

2 Q. Is that the treadmill I saw 

3 behind on the back porch? 

4 A. Yes, sir. 

5 Q. Okay. 

6 A. And the weight thing that 

7 you twist, you know, spin around. I 

8 don't know what you call it. 

9 Q. I don't either. Describe it 

10 for me. 

11 A. You know, it's for your 

12 sides, you swivel. 

13 Q. Swivel? 

14 A. I guess. I have to ask my 

15 sister that. 

16 Q. Where did you get that 

17 product? 

18 A. I think in Birmingham is 

19 somewhere. 

20 Q. Some kind of swivel thing? 

21 A. It's a little thing that you 

22 (indicated) and weights. 

23 Q. You had weights? 

Page 44

1 A. Little weights. They were 

2 like 5 pounds. 

3 Q. Where did you have your gym 

4 set up? 

5 A. Out on the back. 

6 Q. Where I was today is a patio 

7 behind the house. 

8 A. Yes, sir. 

9 Q. And I'll show you. I think 

10 I have a picture of it already. But 

11 that's where you had this stuff? 

12 A. Yes, sir. 

13 Q. And this -- when you went to 

14 the Wal-Mart, did you know what you were 

15 going to buy or were y'all just shopping 

16 for a new piece of equipment that you 

17 didn't already have? 

18 A. I knew what I was going to 

19 buy. 

20 Q. How did you come to know 

21 what you wanted? 

22 A. Because I had been to a gym 

23 and used it, you know, before. 

Page 45

1 Q. Used what? 

2 A. The exercise bike like that 

3 with the long handles. 

4 

5 (Defendants' Exhibit No. 2 was 

6 marked for identification.)

7 

8 Q. Let me show you what I'll 

9 mark as Exhibit 2 which are just pages 

10 from the exercise bike manual. It's not 

11 all the pages. It's just the ones I 

12 want to ask you about. But on Page 1 of 

13 Defendants' Exhibit 2 there's a drawing 

14 of the product. 

15 A. Yes, sir. 

16 Q. Tell me what you call that 

17 device. 

18 A. An exercise bike. 

19 Q. Had you used an exercise 

20 bike like this one depicted in 

21 Defendants' Exhibit 2? And I don't mean 

22 the same manufacturer. I just mean it 

23 has handles and you walk and the pedals 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 12 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

13 (Pages 46 to 49)

Page 46

1 move and you row with the handles while 

2 you walk. 

3 A. Yes, sir. 

4 Q. Where had you used a machine 

5 like that? 

6 A. My sister. 

7 Q. Your sister --

8 A. Martha Mack. 

9 Q. -- Martha Mack had one at 

10 her home? 

11 A. Yes, sir. She have a whole 

12 gym room too. 

13 Q. Had you used one anywhere 

14 else, one that worked like that? 

15 A. Yes, sir. Yeah. Several 

16 times. 

17 Q. Had you used one at any like 

18 commercial gymnasium or health club? 

19 A. No, sir. 

20 Q. Just at people's houses that 

21 had them? 

22 A. Yes, sir. 

23 Q. Other than Ms. Mack, who 

Page 47

1 else had one at their house that you had 

2 used? 

3 A. Regina, my 

4 ex-daughter-in-law, Regina Beverly. 

5 Q. You say ex-daughter-in-law, 

6 that was Mr. Beverly's daughter by 

7 another woman? 

8 A. No. That's Mr. Beverly's 

9 wife. My son -- my son's ex-wife. 

10 Q. Oh, I see. So you have -- 

11 one of your sons by Mr. Beverly married 

12 Regina Beverly? 

13 A. Yes, sir. 

14 Q. And while they were married, 

15 you visited them and they had one of 

16 these machines? 

17 A. Yes, sir. 

18 Q. And you got on it and used 

19 it? 

20 A. Yes, sir. 

21 Q. So you wanted one of these 

22 type of exercise bikes for your 

23 Christmas present --

Page 48

1 A. Yes, sir. 

2 Q. -- for 2003? 

3 A. Yes, sir. I was excited. 

4 Q. Had you been shopping around 

5 to see how much they were and who had 

6 them and what the price ranges were or 

7 did you just let's go to Wal-Mart and 

8 find it? 

9 A. It's my favorite -- was my 

10 favorite store Wal-Mart. Still is. 

11 Q. When you went to the 

12 Wal-Mart -- well, had you been to the 

13 Wal-Mart before that day to look at the 

14 product? 

15 A. Yes, sir. 

16 Q. So you had -- did they have 

17 one set up? 

18 A. Yes, sir. 

19 Q. Where you could look at 

20 it? 

21 A. Yes, sir. 

22 Q. Was that one for sale? Do 

23 you know whether the one they had on the 

Page 49

1 floor was for sale? 

2 A. No, it wasn't for sale. 

3 No. 

4 Q. Do you recall who you talked 

5 to at the Wal-Mart about buying the 

6 equipment? 

7 A. No, sir. 

8 Q. Can you describe to me what 

9 they looked like whether they're man or 

10 women? 

11 A. Yes, sir. It was a man. 

12 Q. A man. Age range? 

13 A. I don't know. I know he was 

14 a black person. 

15 Q. A black man. Was he -- 

16 A. Older. 

17 Q. Older than you and me? 

18 A. I would say he looked it. 

19 Q. Was he nice and helpful? 

20 A. Very nice. 

21 Q. Did you get on the machine 

22 on the floor of the store and try it out 

23 there? 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 13 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

14 (Pages 50 to 53)

Page 50

1 A. No, sir. 

2 Q. Can you recall what you and 

3 this person discussed about the machine 

4 in the presence of your husband or was 

5 there anything -- any questions you had 

6 about it that you remember asking, 

7 anything he told you about it that you 

8 remember? 

9 A. No, sir. 

10 Q. Now, the machine you wanted, 

11 was it in a box? 

12 A. Yes, sir. 

13 Q. Now, was there any 

14 discussion about putting the machine 

15 together? 

16 A. Yes, sir. 

17 Q. Tell me what that amounted 

18 to. 

19 A. I asked them do they 

20 assemble bikes together, the exercise 

21 bike and he said, yeah, for a fee. 

22 Q. What fee did he tell you? 

23 A. I think it was 10 or $15, 

Page 51

1 somewhere up in there. 

2 Q. Do you remember how much the 

3 machine cost without assembly? 

4 A. It was 140 some odd dollars, 

5 I think. I'm not definitely sure but it 

6 was up in the hundred. 

7 Q. Was it on sale or was 

8 anything -- 

9 A. No, sir. 

10 Q. Do you remember anything 

11 about the purchase along those lines? 

12 A. No, it was not on sale. 

13 Q. How did you pay for it, did 

14 you use credit card, cash? 

15 A. Check. 

16 Q. Have you found the check you 

17 used to pay for it? 

18 A. Yes, sir. 

19 Q. So you have that? 

20 A. Yes, sir. 

21 Q. Do you have the receipt? 

22 A. No, I don't have the 

23 receipt. 

Page 52

1 Q. But you have the check? 

2 A. Yes, sir. 

3 Q. And did the check include 

4 the assembly fee? 

5 A. No, sir. No, sir. 

6 Q. It was just for the -- 

7 A. For the bike. 

8 Q. -- for the bike. So the day 

9 you bought it was December 3rd -- 

10 December 11, '03. That's when you wrote 

11 the check? 

12 A. Yes, sir. 

13 Q. And when was it delivered or 

14 when was it fixed or ready for you to 

15 come get or when was it assembled? 

16 A. I left it there and he 

17 called me about -- I say about a week 

18 and some odd days. 

19 Q. And did you have to go get 

20 it? 

21 A. Yes, sir. 

22 Q. So they had it assembled 

23 there at the store? 

Page 53

1 A. Yes. 

2 Q. And you had to go back 

3 there. Who went with you to get it? 

4 A. Willie Price, my husband. 

5 Q. And what vehicle did y'all 

6 use to go get it? 

7 A. Lumina Chevrolet van. 

8 Q. A van? 

9 A. Yes, sir. Took the seat out 

10 of the van and used -- 

11 Q. It was already fully 

12 assembled? 

13 A. Fully assembled as far as I 

14 know. 

15 Q. There were no pieces that 

16 they handed you and said put this on 

17 when you get back to the house? 

18 A. No, sir. 

19 Q. Did they give you the 

20 literature, the manual, the book? 

21 A. Yes, sir. Yes, sir. 

22 Q. Were there any tags hanging 

23 from the handlebars that said anything 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 14 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

15 (Pages 54 to 57)

Page 54

1 about how to use the equipment or how to 

2 turn it on, how to set the, you know, 

3 any of the -- 

4 A. In the manual, I'm pretty 

5 sure it was. 

6 Q. I'm talking about any 

7 tags? 

8 A. Oh, no. 

9 Q. Hanging tags? 

10 A. No, sir. No, sir. 

11 Q. Did Willie get any help 

12 getting the machine into the van? 

13 A. No, sir. 

14 Q. He was able to do it by 

15 himself? 

16 A. Me and him. 

17 Q. So you were actually 

18 physically able to help him pick it up 

19 and put it in the van? 

20 A. Yes, sir. 

21 Q. And you took it to the 

22 residence at Carriage Brook Road? 

23 A. Yes, sir. 

Page 55

1 Q. Where was it -- who took it 

2 out of the van when it got there? 

3 A. Willie and I. 

4 Q. And where did you put it? 

5 A. We put it -- unlock the gate 

6 and carried it around and put it on the 

7 patio and had some thick -- that thick, 

8 thick plastic. We double wrapped it 

9 about five or six times and taped it 

10 with duct tape. 

11 Q. Why did you do that? 

12 A. 'Cause we were waiting 

13 until -- every year around June or July 

14 all my younger family, we get together 

15 and start putting like $5 a week in a 

16 jar till Thanksgiving and whoever lose 

17 the most weight that's who get the jar. 

18 Q. Oh, okay. Why would you -- 

19 could you not start before then? 

20 A. We couldn't start. No, we 

21 couldn't start. We always -- 

22 Q. So the rules are you can't 

23 start exercising until the money is put 

Page 56

1 in the jar? 

2 A. Until -- you can walk and 

3 do, you know, but you got to weigh in. 

4 You got to weigh in. 

5 Q. So you don't want to be thin 

6 then? 

7 A. I would say no.

8 MR. STRENGTH: Not if you 

9 want the money. 

10 A. If you want the money, you 

11 ain't going to get in it. 

12 Q. How much money is involved 

13 in this? 

14 A. Oh, sir, that thing go as 

15 high sometimes 5- and $600. 

16 Q. Wow. 

17 A. Yes, sir. 

18 Q. So you got it home sometime 

19 in mid December 2003 before Christmas? 

20 A. Yes, sir. 

21 Q. But you immediately wrapped 

22 it to protect it from the weather? 

23 A. Yes, sir, protect it from 

Page 57

1 the weather. Yes, sir. 

2 Q. Because the place where you 

3 put it is not protected from the 

4 weather? 

5 A. Yeah, under the shed part, 

6 you know. 

7 Q. Under the eaves of the 

8 roof? 

9 A. Yes, sir. Yes, sir. 

10 Q. There is no awning? 

11 A. Huh-uh (negative 

12 response). 

13 Q. It's not a covered patio? 

14 A. Right. Another reason I put 

15 it there, I didn't want nobody to come, 

16 you know, and steal it for one thing. 

17 And that's why I put a padlock, you 

18 know, on the gate and everything because 

19 I had more, you know, equipment out 

20 there. So that's where all it be. 

21 Q. Could this equipment be seen 

22 from the road? 

23 A. No, sir. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 15 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

16 (Pages 58 to 61)

Page 58

1 Q. Who wrapped it up? 

2 A. Me and Willie. 

3 Q. And is it your testimony it 

4 just sat there until June when this 

5 family bet starts? 

6 A. Yes, sir. 

7 Q. What date in June does 

8 the -- did y'all get together in 2004? 

9 A. Around the -- it was around 

10 the 23rd or 24th. 

11 Q. What's special about that 

12 date in your family? 

13 A. We have a -- we have a big 

14 dinner and it's my son's birthday and my 

15 sister's birthday in that month. And we 

16 had barbecue throw down. 

17 Q. So the family gets together 

18 to celebrate those birthdays and that's 

19 when y'all start your weight loss 

20 bets? 

21 A. Yes, sir. 

22 Q. Had you ever won it before 

23 2004? 

Page 59

1 A. Well, not really except one, 

2 but I didn't always be last. 

3 Q. Had you ever won the money 

4 before 2004? 

5 A. Yeah, but it don't go too 

6 long. Yes, sir. 

7 Q. And the bet is from that 

8 point everybody weighs at that party? 

9 A. Weighs, yes, sir. 

10 Q. And somebody writes it 

11 down? 

12 A. Write it down. 

13 Q. And what did they write down 

14 your weight to be? 

15 A. I just say 202 or something 

16 like that. 

17 Q. Something like that? 

18 A. Uh-huh (affirmative 

19 response). 

20 Q. And then what's the date 

21 that you weigh again to see who wins? 

22 A. Thanksgiving. 

23 Q. And the winner is the person 

Page 60

1 who loses the most number of pounds? 

2 A. Yes, sir. 

3 Q. And y'all have been doing 

4 that how many years? 

5 A. Oh, about three years or 

6 longer. I don't know.

7 Q. What's the most you had 

8 lost? 

9 MR. STRENGTH: Money or 

10 weight? 

11 Q. Well, weight. 

12 A. I say about 20, 22 pounds. 

13 Q. So you had gotten your 

14 weight down to what at one time? 

15 A. At one time, I got my weight 

16 down to say like one -- I think about 

17 180, something like that. Something in 

18 the 80s. 

19 Q. So the equipment had not 

20 been unwrapped and used by anybody from 

21 the date it was brought home in December 

22 2003 to sometime in June 2004? 

23 A. Nobody. 

Page 61

1 Q. And that's why, the reason 

2 is you didn't want to start losing 

3 weight early? 

4 A. Well, that was the new -- 

5 that was the new bike. That was the 

6 bike. That's what we was going to, you 

7 know, focus on, that particular bike, 

8 you know. 

9 MR. STRENGTH: Before we 

10 move on, there's something in here I 

11 don't think is supposed to be. But 

12 Defendants' 2 is a composite exhibit of 

13 2, 3, 4, 5, 11, 12 and 13. There's an 

14 e-mail or something in there that's 

15 probably not supposed to be. I don't 

16 think it has anything to do with this 

17 case mainly because I read it in detail 

18 and I don't think it has anything to do 

19 with this case. 

20 Q. Thank you. I appreciate 

21 that. 

22 MR. STRENGTH: You have a 

23 network printer. That happens to me all 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 16 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

17 (Pages 62 to 65)

Page 62

1 the time. 

2 Q. Anyway, let me show you 

3 Defendants' Exhibit 2 which is as Brian 

4 said is an excerpt. It's some of the 

5 pages from the manual, not the whole 

6 thing. On page -- the first page of 

7 Defendants' Exhibit 2 which I've marked 

8 PR2, there is a caution up at the top, 

9 do you see that? 

10 A. Yes, sir. 

11 Q. Can you read the third thing 

12 on the list of things to do? 

13 A. Tie all -- what is that, 

14 that's tight all securely before using 

15 equipment. 

16 Q. Do you understand that? 

17 A. Well, that's what I paid 

18 them to do. 

19 Q. What do you understand that 

20 to mean? 

21 A. It says tighten all 

22 equipment, but what equipment I don't 

23 know. 

Page 63

1 Q. So you're not sure you 

2 understand what that means? 

3 A. Right. 

4 Q. Did you understand yourself 

5 based on just your own commonsense that 

6 the bolts ought to be tight on the 

7 equipment before you use it? 

8 A. That's why I paid them to do 

9 it. 

10 Q. Right. I understand --

11 A. No, sir. 

12 Q. -- that's what you paid them 

13 to do. 

14 A. No, sir. 

15 Q. But did you understand just 

16 from commonsense if the bolts were loose 

17 you shouldn't use the equipment? 

18 A. I didn't know the bolts were 

19 loose. 

20 Q. If you had known the bolts 

21 were loose, would you have used the 

22 equipment? 

23 A. No. 

Page 64

1 Q. Why not? 

2 A. Because I knew that would be 

3 some danger. 

4 Q. How long had you used the 

5 equipment before you fell off of it? 

6 A. Probably about five -- maybe 

7 five or ten minutes if it was that 

8 long. 

9 Q. Is that the first -- did you 

10 fall the first time you used it? 

11 A. Yes, sir. 

12 Q. Were you the first person to 

13 get on the equipment and use it? 

14 A. Yes, sir. 

15 Q. Had anybody -- has anybody 

16 else been on that equipment? 

17 A. No, sir. Nobody. 

18 Q. Has anybody used it since 

19 you fell? 

20 A. No, sir. 

21 Q. Where has it been since you 

22 fell? 

23 A. In the house. 

Page 65

1 Q. Where I saw it today? 

2 A. Yes. Not right there but 

3 there by the dining room table. 

4 Q. It's been kept in doors 

5 since the accident? 

6 A. Yes, sir. 

7 Q. But the accident happened 

8 out on the patio? 

9 A. Yes, sir. 

10 Q. What was the day that this 

11 happened, what day? 

12 A. June the -- like I said 

13 23rd, 24th, 2004. 

14 Q. Was this at the party where 

15 you celebrate the birthdays of your son 

16 and sister? 

17 A. First of all, it wasn't a 

18 party. It was a dinner. And after 

19 dinner, we all went outside to, you 

20 know, start the little going and that's 

21 when it happened. 

22 Q. What time was the dinner? 

23 A. I would say around 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 17 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

18 (Pages 66 to 69)

Page 66

1 between -- I say around three. 

2 Q. Three in the afternoon? 

3 A. Around three and sit around 

4 the table and lollygag. 

5 Q. And how many people were 

6 there? 

7 A. Let's see. My sister, my 

8 son, him, his wife, my daughter, my 

9 other daughter, and my husband, and you 

10 know, the grandkids. 

11 Q. Tell me about the adults. 

12 That would be Ms. Mack, your sister, was 

13 there? 

14 A. Uh-huh (affirmative 

15 response). 

16 Q. Your son and his wife were 

17 there? 

18 A. Uh-huh (affirmative 

19 response). 

20 Q. What are their names? 

21 A. Willie Lee Beverly and her 

22 name is Latora. I think Latora is her 

23 real name or something like that. 

Page 67

1 Q. What do y'all call her? 

2 A. Daughter-in-law. Leyokie. 

3 That's it, Leyokie. 

4 Q. Where do they live? 

5 A. Greenwood, Mississippi. 

6 Q. And your daughter was there, 

7 what's her name? 

8 A. Want both -- 

9 Q. Yeah, both. You said your 

10 daughter and your other daughter. 

11 A. Michelle Jackson. 

12 Q. Where does she live? 

13 A. 29 -- 2910 Peabody Road, 

14 Montgomery, Alabama. 

15 Q. Your other daughter? 

16 A. Ella Frazer. 

17 Q. Where does she live? 

18 A. Red Barn, Montgomery, 

19 Alabama. 

20 Q. Of course your husband was 

21 there? 

22 A. Right. 

23 Q. So the adults that were 

Page 68

1 there were you, your sister, Ms. Mack? 

2 A. Uh-huh (affirmative 

3 response). 

4 Q. Willie Beverly and his 

5 wife? 

6 A. Uh-huh (affirmative 

7 response). 

8 Q. Michelle Jackson? 

9 A. Uh-huh (affirmative 

10 response). 

11 Q. And Ella Frazer? 

12 A. Uh-huh (affirmative 

13 response). But Ella left after we ate. 

14 Q. So Ella did not see this 

15 accident? 

16 A. Oh, no. And Leyokie didn't 

17 see it. His wife didn't see it. We 

18 just had the dinner. 

19 Q. Who was outside when this 

20 incident happened? 

21 A. Willie Beverly, Jr., 

22 Michelle Jackson, Martha Mack, and 

23 Willie Price and myself. 

Page 69

1 Q. You need to take a break? 

2 MR. STRENGTH: Need to 

3 stretch? 

4 A. Yeah, I think so. 

5 

6 (A brief recess was taken.) 

7 

8 Q. (By Mr. Bailey) We were 

9 talking about who was there. And you've 

10 given me the names. 

11 A. Yes, sir. 

12 Q. Which one of those 

13 individuals said -- has told you that 

14 they saw it happen even though they were 

15 in the back? Excuse me. I know they're 

16 all in the backyard when this happened. 

17 A. Right. 

18 Q. Which ones said they have 

19 actually saw it happened? 

20 A. All of them. 

21 Q. Those four? 

22 A. Yes. Yes. Yes.

23 Q. Was there any other exercise 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 18 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

19 (Pages 70 to 73)

Page 70

1 equipment outside on the back patio 

2 other than this equipment we're talking 

3 about? 

4 A. Yes, sir. 

5 Q. What other equipment was out 

6 there? 

7 A. The treadmill and the ab. 

8 Q. Ab lounger? 

9 A. Right. And the weights, 

10 little weights you hold in your hand. 

11 Q. About what time was this? 

12 A. About five or a little after 

13 five. 

14 Q. And why were y'all in the 

15 backyard right then, what was going 

16 on? 

17 A. It was a beautiful day. And 

18 that was the day that we were going to 

19 start our exercise, weight, you know, 

20 weight loss from that last dinner up 

21 until that afternoon and we was all 

22 going to then start competing to lose 

23 weight. That's why. 

Page 71

1 Q. Was anybody using any of the 

2 equipment but you -- other than you? 

3 A. Yes, sir. 

4 Q. Who was using what? 

5 A. I know it all was being 

6 used. I think my daughter. I believe 

7 she was on the treadmill. 

8 Q. That would be Michelle? 

9 A. Michelle. And I'm not sure 

10 about that ab lounger, whose using it, 

11 but they was all there. The benches -- 

12 them little benches, they was sitting 

13 out there too. 

14 Q. I'm going to try to draw a 

15 little map here and we're going to try 

16 to figure out where everything was and 

17 I'll put it on there as you tell me. 

18 Let's mark as Exhibit 3 this little 

19 rough not to scale drawing. 

20

21 (Defendants' Exhibit No. 3 was 

22 marked for identification.)

23 

Page 72

1 Q. Where was the exercise bike 

2 when you were using it? 

3 A. This the porch; right? 

4 Q. Yes, ma'am. 

5 A. Let me see. Right there 

6 (indicated). 

7 Q. The back door is where in 

8 relation to where that was? 

9 A. Back door (indicated). 

10 Q. Okay. 

11 A. It wasn't that close to the 

12 door. 

13 Q. This is not to scale. I 

14 just want to get --

15 A. Okay. 

16 Q. The equipment was there. 

17 I'm going to have a picture of it. You 

18 can show me a little better. Where was 

19 the treadmill? 

20 A. (Indicated.)

21 Q. Where was the ab lounger? 

22 A. Somewhere right in here 

23 (indicated). 

Page 73

1 Q. And was there any other 

2 equipment out there? 

3 A. The little weights. 

4 Q. Where were the little 

5 weights? 

6 A. I would say they was just 

7 about somewhere (indicated). 

8 Q. Now, as you were using the 

9 machine that you fell off of, was your 

10 back to the house? 

11 A. Yes. 

12 Q. So you were facing toward -- 

13 I'm going to put -- you were facing in 

14 the direction of that arrow that I've 

15 drawn on the Extreme Performance 

16 equipment? 

17 A. Yes, sir. 

18 Q. So let's try to figure out 

19 where everybody was just before you 

20 fell. You of course were on the Extreme 

21 Performance exercise bike. 

22 A. Uh-huh (affirmative 

23 response). 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 19 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

20 (Pages 74 to 77)

Page 74

1 Q. You said Michelle Jackson 

2 was walking on the treadmill. 

3 A. I'm pretty sure that it was. 

4 Q. And do you know where Willie 

5 Beverly, Jr. was? 

6 A. (Indicated). 

7 Q. He was out in the yard? 

8 A. Yeah, he was out in the 

9 yard. And my husband. 

10 Q. The two guys were out 

11 there? 

12 A. Yeah. 

13 Q. Where was Martha Mack? 

14 A. She was out there too 

15 standing right there. You know where 

16 that bar on my patio? 

17 Q. Uh-huh (affirmative 

18 response). 

19 A. Right there, that's where 

20 they were. 

21 Q. The bar is on the patio when 

22 I was out there today. 

23 A. Yeah. 

Page 75

1 Q. Was the bar in the yard? 

2 A. No. It was on the patio, 

3 the porch --

4 Q. Okay. 

5 A. -- what I'm trying to say. 

6 Q. So everybody was on the 

7 patio? 

8 A. Yes, sir, sitting up to the 

9 bar. 

10 Q. Was anybody drinking beer or 

11 wine or whiskey or anything like that? 

12 A. No, sir. 

13 Q. I know you don't drink but 

14 does anybody else drink? 

15 A. No, sir. 

16 Q. Nobody was drinking? 

17 A. Nobody was drinking. We had 

18 been to church, came back home, ate 

19 dinner. Don't drink.

20 Q. And your family doesn't 

21 drink? 

22 A. My husband might take a beer 

23 or two every now and then but we're no 

Page 76

1 drinkers. 

2 Q. When was the last time you 

3 had a beer? 

4 A. I had a beer when I was 

5 about -- I say about 16, a Colt 45. 

6 Q. So it's been a long time. 

7 MR. STRENGTH: 16 years old? 

8 A. Right. Don't smoke. Don't 

9 drink. 

10

11 (Defendants' Exhibit No. 4 was 

12 marked for identification.)

13 

14 Q. Let me show you what I'll 

15 mark as Defendants' Exhibit 4 which is 

16 just a couple of pictures taken today. 

17 A. I don't know where that. 

18 Q. That's kind of behind -- 

19 that's behind your house near the patio. 

20 A. This the patio right here; 

21 right (indicated)? 

22 Q. Yes, ma'am. 

23 A. Uh-huh (affirmative 

Page 77

1 response). 

2 Q. And look at the pictures 

3 behind that. There's two pictures 

4 attached there. 

5 A. Oh -- 

6 Q. What do those pictures 

7 show? 

8 A. The chair, the bench, 

9 treadmill. 

10 Q. Was the treadmill where it 

11 is in this photograph at the time this 

12 happened? 

13 A. No, sir. 

14 Q. It was on the other side of 

15 the black cord -- 

16 A. It was on the other side, 

17 yeah. 

18 Q. How about that bench? 

19 A. No. 

20 Q. It wasn't there? 

21 A. None of that. 

22 Q. What about that little metal 

23 chair? 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 20 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

21 (Pages 78 to 81)

Page 78

1 A. No, sir. 

2 Q. How about that little 

3 wagon? 

4 A. No, sir. 

5 Q. None of that was there? 

6 A. It was out in the yard by 

7 the tree, up under the tree. 

8 Q. Does this second photograph 

9 on Defendants' Exhibit 4 show about 

10 where the exercise bike, as you call it, 

11 was? 

12 A. Almost, yes, sir. 

13 Q. Where would it have been in 

14 this photograph? 

15 A. Somewhere like that 

16 (indicated). 

17 Q. Now, tell me do either one 

18 of these photographs show where you fell 

19 after the handlebar came loose? 

20 A. Yes, sir. Back -- this the 

21 door and these bricks right here 

22 (indicated). 

23 Q. You're looking at Page 2 of 

Page 79

1 Exhibit 4 which shows kind of where you 

2 fell too? 

3 A. Uh-huh (affirmative 

4 response). 

5 Q. Both of these areas show 

6 generally where you fell? 

7 A. Yes, sir. 

8 Q. When you fell, what did you 

9 land on? Did you land on the concrete 

10 porch or did you land on the grass or 

11 did you hit a piece of equipment or 

12 piece of furniture, what did you hit? 

13 A. I hit the back of the bike 

14 and down to the ground. 

15 Q. The back of the bike? 

16 A. That high thing on that bike 

17 and I was on my leg. 

18 Q. What you talking about 

19 hitting? 

20 A. That right there 

21 (indicated). 

22 Q. Let me mark as Exhibit 5 

23 what she just pointed at. 

Page 80

1 

2 (Defendants' Exhibit No. 5 was 

3 marked for identification.)

4 

5 Q. Five is three black and 

6 white photographs. The second 

7 photograph is a picture of the machine 

8 from behind and you just pointed to, I 

9 want to put an X, which is the back of 

10 the equipment? 

11 A. Yes, sir. 

12 Q. You fell against that? 

13 A. I fell backwards on, you 

14 know, like you fall back, straight back 

15 from the bike and onto the concrete. 

16 Q. What part of your body hit 

17 the concrete first? 

18 A. Oh, Jesus. I think it was 

19 my back, my lower back 'cause I was on 

20 my leg. This right leg was up 

21 underneath me bent. 

22 Q. You said you'd been using 

23 this equipment for five or ten minutes 

Page 81

1 before this happened? 

2 A. Uh-huh (affirmative 

3 response). Maybe. 

4 Q. Maybe. Did you notice 

5 anything loose? 

6 A. No, sir. 

7 Q. Did you have it on where the 

8 little screen was on showing numbers and 

9 things? 

10 A. No, sir. I didn't even 

11 notice. No, sir. 

12 Q. What I'm talking about, the 

13 machine has a little computer that keeps 

14 up with stuff like your blood pressure 

15 and other stuff. I don't have a picture 

16 of it. But it's -- 

17 MR. STRENGTH: In that 

18 picture. 

19 Q. It's the screen right here 

20 (indicated), you see that --

21 A. Uh-huh (affirmative 

22 response). 

23 Q. -- on the second photograph? 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 21 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

22 (Pages 82 to 85)

Page 82

1 I'm going to put a dot on that. Was 

2 that screen lit up with numbers? 

3 A. No. 

4 Q. And you were pedaling it and 

5 pulling on the handlebars? 

6 A. Yes, sir. 

7 Q. Just like you're supposed 

8 to? 

9 A. Yes, sir. 

10 Q. And describe for me what 

11 happened that would have caused you to 

12 go backwards? 

13 A. The handle broke loose. 

14 Q. The left handle, right 

15 handle? 

16 A. The -- I think the left 

17 handle, whichever one it is. 

18 Q. The one that was on the 

19 ground today when I saw it was the left 

20 handlebar? 

21 A. Okay. That's it. 

22 Q. Did it break loose when you 

23 were going -- when you were pushing 

Page 83

1 forward or when you were pulling it back 

2 or do you remember? 

3 A. Honest, I really don't know 

4 what it was. When I come back -- I 

5 think when I pulled the handle back, I 

6 believe that's when it -- no. I really 

7 can't be sure. 

8 Q. When it came loose, did it 

9 come -- when you got up or when they got 

10 you up, where was the broken handle, was 

11 it laying in front of the machine like 

12 it is shown in this picture in 

13 Defendants' Exhibit 5 laying forward or 

14 was it laying backwards? 

15 A. It was on me. 

16 Q. So the left handlebar was 

17 laying on you? 

18 A. Yes, sir. 

19 Q. And you were laying behind 

20 the machine? 

21 A. Right. 

22 Q. And as I understand, you -- 

23 did you fall straight back or did you 

Page 84

1 fall to your right or did you fall to 

2 the left --

3 A. All I remember -- 

4 Q. -- of the machine? 

5 A. All I remember is falling 

6 and back. I would say it was on -- let 

7 me see the bike. It was on my right 

8 what I'm saying, next to right in here 

9 (indicated). Right in here (indicated). 

10 Q. You're pointing to the edge 

11 of the patio --

12 A. Yes, sir. 

13 Q. -- shown in Defendants' 

14 Exhibit 4. I'm going to try to do 

15 something here and see how this works. 

16 

17 (Defendant's Exhibit No. 6 was 

18 marked for identification.)

19 

20 Q. Look at what I've drawn as 

21 Exhibit 6. I'm trying to draw the 

22 machine looking down from above. You 

23 see the big part, the end, the back of 

Page 85

1 it? 

2 A. Where, right here 

3 (indicated)? 

4 Q. Yeah. You understand? 

5 A. Uh-huh (affirmative 

6 response). Yeah. 

7 Q. And the front is up here 

8 where that little screen is. 

9 A. Right. 

10 Q. You see the steps and 

11 everything? 

12 A. Yes, sir. 

13 Q. Tell me where you ended up 

14 after you fell. 

15 A. Somewhere I would say -- no, 

16 not that far down, but right along in 

17 here (indicated). 

18 Q. So you fell kind of to the 

19 right side of the machine? 

20 A. Yes, sir. 

21 Q. What happened after you 

22 fell, who came to your rescue, what did 

23 they do with you, were'd they move 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 22 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

23 (Pages 86 to 89)

Page 86

1 you? 

2 A. First they laugh because 

3 they didn't really know I had hurt 

4 myself. My husband, my husband and my 

5 son, they picked me up, and they went to 

6 hollering saying -- screaming she hurt, 

7 she hurt, that handlebar -- that 

8 handlebar done broke. 

9 Q. Where did they take you? 

10 A. In there on the sofa. 

11 Q. What were you wearing? 

12 A. I was wearing Nikes, white 

13 sneakers with the little silver around 

14 and a blue jogging set and a white 

15 blouse up underneath it. 

16 Q. Were there any cuts or 

17 scrapes? 

18 A. Yes, sir. 

19 Q. Where were they located? 

20 A. On my elbow (indicated). 

21 Q. You just picked up your 

22 right elbow? 

23 A. On my elbow, yes. My right 

Page 87

1 elbow was scraped and really my -- right 

2 along up in here (indicated). They had 

3 a lot of scrapes on them. 

4 Q. And you were talking about 

5 underneath your left hand along your 

6 wrist area? 

7 A. Yes, sir. 

8 Q. Were there any other scrapes 

9 or cuts that you remember? 

10 A. No, sir, not that I 

11 remember. 

12 Q. When they took you to the 

13 sofa, what did they do for you, if 

14 anything? 

15 A. Well, I told them I was all 

16 right, and you know, just let me lay 

17 there for a while. 

18 Q. What happened next? 

19 A. They cleaned -- my sister 

20 cleaned the grit and blood off my arm, 

21 my elbow. And -- 

22 Q. Is she a nurse or LP or 

23 something? 

Page 88

1 A. No, she's not. They try to 

2 make me go to the doctor and I wouldn't 

3 go. 

4 Q. Why not? 

5 A. 'Cause I just wouldn't go. 

6 I didn't know I was injured that bad. 

7 Q. What does Willie Beverly do 

8 for a living? 

9 A. Certified welder, 

10 Mississippi. 

11 Q. Michelle? 

12 A. Michelle doesn't work. 

13 Q. She on disability? 

14 A. Yes, sir. 

15 Q. What's the nature of her 

16 disability? 

17 A. She can't see like a 20/20, 

18 you know, can't see. 

19 Q. It's a vision thing? 

20 A. Yes, sir. 

21 Q. What about Martha Mack, 

22 where does she work? 

23 A. MacMillan Bloedel, 

Page 89

1 superintendent. 

2 Q. In what department? 

3 A. The paper mill. 

4 Q. And you told me about your 

5 husband. Did you take any aspirin or 

6 pain --

7 A. (Nodded head affirmatively.)

8 Q. They gave you some 

9 aspirin? 

10 A. Yes, sir. 

11 Q. They cleaned up your cuts? 

12 A. Yes, sir. 

13 Q. Gave you some aspirin. Put 

14 ice on anything? 

15 A. Yes, sir. 

16 Q. Where did they put the 

17 ice? 

18 A. On my -- it was on my back 

19 in a sock. On my back and my neck back 

20 there and on my knee. 

21 Q. So they put ice in a sock 

22 and put it on your neck and your -- 

23 A. My knee. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 23 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

24 (Pages 90 to 93)

Page 90

1 Q. Which knee? 

2 A. My right knee. 

3 Q. Were your clothes torn or 

4 cut? 

5 A. No, sir. 

6 Q. Did your head ever hit the 

7 ground? 

8 A. My head hit up against the 

9 brick and the door below neck down here. 

10 I was in like a ball, balled up, you 

11 know. 

12 Q. Did you cut your face or 

13 anything? 

14 A. No. 

15 Q. I notice you have a scar on 

16 the side of your head. How did you get 

17 that? 

18 A. That's where I had surgery 

19 for that fluid I was telling you 

20 about. 

21 Q. Did you have any scars as a 

22 result of this incident? 

23 A. Yes, sir. 

Page 91

1 Q. Where are they? 

2 A. I probably need some help. 

3 MR. STRENGTH: On your 

4 shoulder? 

5 A. On my shoulder, I just had 

6 surgery. 

7 MR. STRENGTH: This cross 

8 right here (indicated)? 

9 A. Yeah, I just -- I just had 

10 surgery. 

11 Q. On your left shoulder? 

12 A. Yes, sir. 

13 Q. As a result of this? 

14 A. Yes, sir. And on my knee 

15 (indicated). 

16 Q. You got a scar on your 

17 knee? 

18 A. I got scars on my knee. 

19 I'll show -- 

20 Q. I'll get there. Do you have 

21 any scars from the scrapes or the cuts 

22 that happened that day? 

23 A. No, I don't think so. 

Page 92

1 Q. The scars you have as a 

2 result of this are result of surgeries 

3 you had --

4 A. Yes, sir. 

5 Q. -- since the accident --

6 A. Yes, sir. 

7 Q. -- is that right? 

8 A. Yes, sir. 

9 Q. I'm curious why you didn't 

10 go see a doctor right after this 

11 happened? 

12 A. 'Cause I was not hurting as 

13 bad, you know, to go to a doctor. I was 

14 not hurting bad. I can stand some pain 

15 and as I would take Aleve and whatnot, 

16 you know, it would bate it down. And it 

17 got so that it wasn't helping me and I 

18 was swelling big with my leg, was still 

19 swelling. 

20 Q. Which part of your leg was 

21 swelling? 

22 A. The kneecap. 

23 Q. The kneecap of your right 

Page 93

1 leg? 

2 A. Yes, sir. And I couldn't 

3 turn -- the next morning I couldn't even 

4 pick my neck up off the pillow and 

5 back. 

6 Q. Did you sleep in your bed 

7 that night? 

8 A. Yes, sir. 

9 Q. And the next morning you 

10 woke up sore? 

11 A. All through the night I was 

12 hurting, but I didn't want to go to the 

13 doctor. 

14 Q. Did you have any visible 

15 bruises the next day? 

16 A. What you mean? 

17 Q. Bruises? 

18 A. Oh, the bruises, yeah. On 

19 the back of my neck back there, yes, 

20 sir. 

21 Q. Would that be below your 

22 hairline? 

23 A. Yes, sir, right there on 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 24 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

25 (Pages 94 to 97)

Page 94

1 that bone that cross. 

2 Q. Any other bruises? 

3 A. No, sir, not that I know 

4 of. 

5 Q. When did you first seek 

6 medical attention? 

7 A. I think that Tuesday I 

8 believe. It was that Monday or that 

9 Tuesday my husband took me to the 

10 doctor. He literally made me go. 

11 Q. You still didn't want to 

12 go? 

13 A. No. 

14 Q. Why not? 

15 A. 'Cause I just didn't want to 

16 go. I didn't know I was hurt like I was 

17 hurt. 

18 Q. Now, looking back at Exhibit 

19 5, am I correct that this machine shown 

20 in this picture has not been used since 

21 the date this happened? 

22 A. No, sir. 

23 Q. It has not? 

Page 95

1 A. No, sir. It won't be 

2 used. 

3 Q. And the reason you fell was 

4 what happened, what caused you to 

5 fall? 

6 A. The handlebar broke. 

7 Q. And what we see in these 

8 photographs is that the left handlebar 

9 is disconnected --

10 A. Came loose. 

11 Q. -- and came loose while you 

12 were using the machine? 

13 A. Yes, sir. 

14 Q. Did you ever find any pieces 

15 or bolts or nuts or things that were in 

16 there that came out? 

17 A. Nothing but that little 

18 black -- that little black piece. 

19 Q. Right. There's a little 

20 black piece sitting there on the table 

21 of Exhibit 5. I'll just put a circle 

22 around it. It's the third page. That's 

23 what you're talking about when you say 

Page 96

1 that little black piece? 

2 A. Black piece, yes. 

3 Q. And that handlebar coming 

4 loose is what caused you to fall? 

5 A. Yes, sir. 

6 Q. Do you know why it came 

7 loose? 

8 A. 'Cause it broke. 

9 Q. Did it happen all of a 

10 sudden? 

11 A. I assume so 'cause I didn't 

12 know that it was broken. 

13 Q. Did anyone read this manual 

14 to you, Defendants' Exhibit 2, any 

15 portions of it to you before you got on 

16 the machine? 

17 A. My daughter went over, yes, 

18 she did. 

19 Q. What did she tell you that 

20 you remember? 

21 A. Really what she was telling 

22 me that it was a nice bike. That's all 

23 I know. 

Page 97

1 Q. Did anybody check it over to 

2 see if all the screws were tight and 

3 knobs were turned and things like 

4 that? 

5 A. No, sir. 

6 Q. Did it seem loose when you 

7 were using it? 

8 A. No, sir. I wouldn't have 

9 used it. 

10 Q. Did anyone adjust it for you 

11 or your height before you used it? 

12 A. No, sir. 

13 Q. Some of these -- 

14 A. Nobody touched it. 

15 Q. Some of these things can be 

16 raised and lower -- 

17 A. No. 

18 Q. -- depending on how big you 

19 are. 

20 A. Nobody touched. Nobody. 

21 Q. Did you have any problems 

22 using it up until the time the handlebar 

23 came loose? 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 25 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

26 (Pages 98 to 101)

Page 98

1 A. No, I didn't have no problem 

2 using it. 

3 Q. Had you worked up a sweat? 

4 A. No, not really, really but I 

5 was going. 

6 

7 (Defendants' Exhibit No. 7 was 

8 marked for identification.)

9 

10 Q. I have marked as Defendants' 

11 Exhibit 7 portions of medical records 

12 that were provided to me. They have 

13 page numbers PR and they're supposed to 

14 be in some kind of order. Let me go 

15 over these with you and ask you some 

16 questions. Did you first seek attention 

17 at a place called Pri-Med? 

18 A. Yes, sir. 

19 Q. And in looking at PR117 -- 

20 Page PR117 of Exhibit 7, is that a copy 

21 of your driver's license and your 

22 Medicare health insurance card? 

23 A. Yes, sir. 

Page 99

1 Q. Now, do you still have a 

2 driver's license? 

3 A. Yes, sir. 

4 Q. Do you drive now? 

5 A. No, I haven't been driving, 

6 no. 

7 Q. Have you gotten any tickets 

8 in your car since this happened? 

9 A. No, sir. 

10 Q. 'Cause you haven't been 

11 driving? 

12 A. Haven't been driving. 

13 Q. Is the information here 

14 correct as to your information? 

15 A. Yes, sir. 

16 Q. This says 7/10/03 down at 

17 the bottom. Do you know whether you 

18 sought medical attention any time before 

19 then for this? 

20 A. June. In June. 

21 Q. You did in June? 

22 A. Yes, sir. 

23 Q. How many days after the 

Page 100

1 accident did you seek attention? 

2 A. It was one -- one day, one 

3 day. I had to go then. 

4 Q. Look at Page PR125. It 

5 appears to be dated 6/29/04. Time in is 

6 7:30. And somebody wrote, Patient 

7 states her exercise bike something. Do 

8 you know whether you went to see a 

9 doctor before 6/29/04? 

10 A. I went to Pri-Med. 

11 Q. Which Pri-Med? 

12 A. The one on Vaughn -- the 

13 Boulevard. 

14 Q. East Boulevard? 

15 A. Right. That's where I live, 

16 it's right -- behind my house. 

17 Q. Vaughn Plaza. Patient says 

18 her exercise bike came apart. She fell 

19 and right knee, neck, lower back. 

20 A. Yes, sir. 

21 Q. Are those the complaints you 

22 had when you first went to see 

23 somebody? 

Page 101

1 A. And my shoulder, yes. 

2 Q. The pain was listed as --

3 A. Yes, sir. 

4 Q. -- throbbing and constant 

5 for two days is what they wrote, you see 

6 that? 

7 A. That was Sunday and Monday, 

8 yeah. 

9 Q. The pain has gotten worse. 

10 A. Yes, sir. 

11 Q. They list the knee, the neck 

12 and the back. It says you were on some 

13 Clonidine? 

14 A. Uh-huh (affirmative 

15 response). 

16 Q. Lasix? 

17 A. Uh-huh (affirmative 

18 response). 

19 Q. Depression med? 

20 A. Uh-huh (affirmative 

21 response). 

22 Q. And Humulin? 

23 A. That's insulin. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 26 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

27 (Pages 102 to 105)

Page 102

1 Q. Insulin. So you have 

2 diabetes? 

3 A. Uh-huh (affirmative 

4 response). 

5 Q. What was the depression med 

6 you were on? 

7 A. I really don't know what it 

8 was. I really don't know the name of 

9 it. 

10 Q. How long you been on 

11 depression medicine? 

12 A. Probably, maybe about a 

13 good -- I say about a good six months, 

14 something like that. 

15 Q. Before the accident? 

16 A. Before the accident, yeah. 

17 Q. Why were you taking -- what 

18 was causing you to be depressed before 

19 the accident? 

20 A. We had a lot of death in our 

21 family. 

22 Q. Who specifically? 

23 A. My nephew, he killed hisself 

Page 103

1 and I was very close, very close, very 

2 close. 

3 Q. Now, up near here -- they 

4 weighed you when you went in I take it. 

5 They wrote 229 was your weight. Is that 

6 just wrong or is that -- could you have 

7 been wrong about what you thought you 

8 weighed when this happened? 

9 A. Maybe my sale was wrong. 

10 I'm not going to argue about it. 

11 Q. I'm sure they weighed you 

12 with your clothes on. 

13 A. Yeah. 

14 Q. When y'all weigh for this 

15 contest, do y'all weigh with your 

16 clothes on? 

17 A. Yes, sir. 

18 Q. The rest of this I can't 

19 even read. Let's look at Page PR53 

20 which is -- looks like the same thing, 

21 just a little better copy. Can you tell 

22 me what you remember the doctor telling 

23 you the first time you went to Pri-Med 

Page 104

1 after they checked you over, what the 

2 doctor said they thought was wrong with 

3 you and what you should do and what you 

4 should take to try to get better? 

5 A. They said I had something 

6 about had spasms in my back and a lot of 

7 soreness. Give it time. 

8 Q. And they gave you some 

9 medicine? 

10 A. Some kind of medicine, 

11 yes. 

12 Q. Keflex, is that what they 

13 gave you? 

14 A. I think so. I don't know 

15 what they got down there. 

16 Q. Wait. On PR120, somebody 

17 wrote Lorcet Plus and Soma. 

18 A. Whatever it was, that's what 

19 I was on. 

20 Q. Do those ring a bell? 

21 A. Yes, sir. 

22 Q. Do you know what they're 

23 for? 

Page 105

1 A. I thought it was for 

2 muscles, for the muscles. 

3 Q. PR123 of Exhibit 7 is a 

4 seven -- July 1, '04 Pri-Med entry. 

5 Again they've got your weight at 229, 

6 height five-two. You need to take a 

7 break? 

8 A. No. I'm okay. It ain't 

9 going to stop it. 

10 Q. Again, we'll take one if you 

11 want to. 

12 A. No, it won't stop it. 

13 Q. It's just another copy of 

14 the same thing. 

15 A. Constantly stay in pain. 

16 Q. Page PR121 is 7/12/04. You 

17 went back to Pri-Med at least three 

18 times, didn't you? 

19 A. Yes, sir. 

20 Q. And somebody finally 

21 referred you to pain management. 

22 A. Yes, sir. 

23 Q. Do you remember going to see 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 27 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

28 (Pages 106 to 109)

Page 106

1 somebody for pain management? 

2 A. Yes, sir. 

3 Q. I'm looking at Page PR82. 

4 It looks like just a radiology report 

5 for 7/22/04, about a month after the 

6 accident. Do you recall being told that 

7 they did a MRI on you or some kind of 

8 MRI on your spine? 

9 A. Yes, sir. 

10 Q. And what do you recall them 

11 telling you they had found when they did 

12 the MRI? 

13 A. I don't remember. 

14 Q. It says what it says. I'm 

15 looking at Page PR83 which is another MR 

16 joint radiology report. Somebody wrote, 

17 Probable sprain of a mild degree in the 

18 medial collateral ligament complex, so 

19 this was a knee MRI. Do you recall them 

20 telling you sometime in September of '04 

21 that they thought your knee was 

22 sprained? 

23 A. Uh-huh (affirmative 

Page 107

1 response). Yes, sir. 

2 Q. And then did you go see a 

3 Tucker Mattox --

4 A. Yes, sir. 

5 Q. -- to do an arthroscopy on 

6 the right knee? 

7 A. I went there and that's 

8 what, you know, he told me I had to 

9 have. 

10 Q. So they did a scope, they 

11 scoped your knee? 

12 A. Whatever they did, they 

13 operated on it. 

14 Q. Did they put you to sleep 

15 while they did that? 

16 A. Yes, sir. 

17 Q. What did Dr. Mattox tell you 

18 he found when he went into your knee, if 

19 anything? 

20 A. A torn ligament and 

21 something. And he said I needed a 

22 really -- I needed a knee replacement. 

23 Q. A knee replacement? 

Page 108

1 A. Yeah. 

2 Q. Did he tell you why you 

3 would need a knee replacement? 

4 A. It was due to the accident. 

5 I kept going back to him hurt. Still 

6 hurts. 

7 Q. Did that help, that 

8 procedure? 

9 A. Somewhat, yes, sir. 

10 Q. Have you had a second 

11 surgery on your knee? 

12 A. No, sir. 

13 Q. That's the only one? 

14 A. Uh-huh (affirmative 

15 response). 

16 Q. Do you remember going to see 

17 a Dr. Pirofsky, a Jeffry Pirofsky? 

18 A. Yeah, probably so. I saw so 

19 many. 

20 Q. He says he discussed this 

21 treatment plan with you after he met 

22 with you. He wrote -- well, do you 

23 remember talking to this Dr. Pirofsky, a 

Page 109

1 DO at East South Boulevard Neurosurgery 

2 Associates? 

3 A. Kind of ring a bell. I 

4 don't really -- 

5 Q. What do you remember that 

6 doctor telling you? 

7 A. I really don't know. I 

8 really don't. 

9 Q. Did some of the doctors say 

10 things like they didn't see how you 

11 were -- they couldn't understand why you 

12 were in so much pain? 

13 A. No. A lot of them told me 

14 they don't find the problem. 

15 Q. Did you go to HealthSouth 

16 for some type of rehabilitation or 

17 exercises --

18 A. Yes, sir. 

19 Q. -- to try help you get 

20 better? 

21 A. Yes, sir. 

22 Q. Did doing that help? 

23 A. No, sir. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 28 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

29 (Pages 110 to 113)

Page 110

1 Q. Just looking at Page PR85. 

2 It's a HealthSouth report. The visit 

3 date is February 23, 2005. Under the 

4 daily comments this person wrote, The 

5 patient complains of severe low back 

6 pain that almost sent her to the ER 

7 today. She states her neck pain is 

8 dramatically better. 

9 A. Probably so. 

10 Q. Has your neck -- 

11 A. Worse. 

12 Q. Your neck is worse? 

13 A. Yes, sir. My neck and my 

14 back is killing me. 

15 Q. And your right knee? 

16 A. My right knee, yes, and the 

17 shoulder. 

18 Q. And your left shoulder? 

19 A. Yes, sir. 

20 Q. Who did the surgery on your 

21 left shoulder? 

22 A. Dr. Hartzog. 

23 Q. You went to the Center for 

Page 111

1 Pain here in Montgomery and saw this Dr. 

2 Herrick and some other folks, do you 

3 remember that? 

4 A. Yes, sir. Yes, sir. 

5 Q. They did some epidurals? 

6 A. Oh, yeah. 

7 Q. Did they help you any? 

8 A. No, sir. Liked to kill 

9 me. 

10 Q. Do you recall any doctor 

11 telling you like this Zenko -- I can't 

12 even pronounce it -- 

13 THE REPORTER: Hrynkiw. 

14 Q. Yeah. -- PR0O47 that they 

15 really couldn't help you because they 

16 didn't know what was causing the 

17 problem? 

18 A. Now, he didn't tell me that, 

19 but you know. 

20 Q. Did he say that 

21 neurosurgically he had nothing further 

22 to offer you? 

23 A. Right. 

Page 112

1 Q. Since this fall from the 

2 bike, did you have -- have you fallen 

3 again, any other falls? 

4 A. No, sir. 

5 Q. Any other -- have you been 

6 in a car that'd been hit by another 

7 car? 

8 A. No, sir. 

9 Q. Has anything happened to you 

10 that's aggravated the problem? 

11 A. No, sir. 

12 Q. Who recommended that you go 

13 see the Chestnut Clinic of 

14 Chiropractic? 

15 A. Myself. 

16 Q. This says you first went 

17 there 1/3/2006 this year -- I mean last 

18 year. 

19 A. Yes, sir. 

20 Q. About a year ago. 

21 A. Yes, sir. 

22 Q. Has the chiropractic helped 

23 you any? 

Page 113

1 A. A little bit, yes. 

2 Q. How often do you go see the 

3 chiropractor? 

4 A. I don't go because now my 

5 insurance is not paying for it and 

6 you-all wouldn't pay for it. 

7 Q. When did the insurance stop 

8 paying for it? 

9 A. When I stopped going. When 

10 I stopped going. 

11 Q. Why won't Medicare pay for 

12 you to see a doctor? 

13 A. Because you have certain -- 

14 you can't go but so many times with 

15 Medicare, so many times. I ain't had no 

16 cash money. 

17 Q. So right as we sit here 

18 today, what are your major medical 

19 problems? 

20 A. Start in my neck, my 

21 shoulder, and my back and my knee and 

22 other places too; sex. Yes. 

23 Q. How long have you been using 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 29 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

30 (Pages 114 to 117)

Page 114

1 a wheelchair? 

2 A. Oh, it been about a year or 

3 a little bit more. 

4 Q. Who provides the 

5 wheelchair? 

6 A. They ordered me a brand new 

7 one and I sent the papers to you. Dr. 

8 Roseanne Cook, yes. 

9 Q. Let me ask you some 

10 questions from these interrogatory 

11 answers. Who was the last doctor that 

12 you've seen prior to today for any of 

13 these problems? 

14 A. Dr. Hartzog. 

15 Q. Hartzog? 

16 A. Yeah. And Dr. Ryan. 

17 Q. Dr. Patrick Ryan. When did 

18 you last see either of them? 

19 A. I just saw -- I'm still 

20 under him, Dr. Hartzog. Two weeks, I go 

21 back to him on the 30th. 

22 Q. What has he told you -- what 

23 does he treat you for, your neck, your 

Page 115

1 back? 

2 A. Shoulder, this shoulder 

3 (indicated). 

4 Q. Has he told you that your 

5 shoulder was injured in this accident? 

6 A. Yes, sir. 

7 Q. What happened to your 

8 shoulder? 

9 A. I had a torn ligament. 

10 Q. Rotator cuff or -- 

11 A. No. I know it was a torn 

12 ligament and something else. I don't 

13 know what the other word is he used. 

14 Q. What kind of doctor is he, 

15 Dr. Hartzog? 

16 A. He's a specialist 

17 specializing in whatever. Dr. Ryan sent 

18 me to him. 

19 Q. And what has Dr. Ryan 

20 treated you for? 

21 A. My back and my neck. And 

22 I'll be going back to him on the 14th. 

23 Q. Has any doctor given you any 

Page 116

1 indication that there's anything they 

2 can do to end the pain that you are in 

3 every day? 

4 A. Well, possibility surgery 

5 and I'm not taking that. No more. 

6 Q. Who has recommended 

7 surgery? 

8 A. Well, Dr. Cook and Dr. Ryan 

9 have talked about surgery and Dr. 

10 Hartzog. 

11 Q. What type of surgery are 

12 they talking about? 

13 A. Whatever is wrong with my 

14 neck. 

15 Q. So neck surgery? 

16 A. You know, yeah. 

17 Q. Why did you not want neck 

18 surgery but you had knee and shoulder 

19 surgery? 

20 A. You really want to know? 

21 Q. Yeah. 

22 A. It liked to kill me. 

23 Q. Which one? 

Page 117

1 A. The shoulder. 

2 Q. The shoulder. 

3 A. That shoulder. I will never 

4 as long as I live unless it's a liver or 

5 something that I got to have. That 

6 thing liked to kill me and it still hurt 

7 me. I don't sleep at night no time, no. 

8 Q. Because of that shoulder 

9 surgery? 

10 A. The shoulder hurt me so bad 

11 and my neck. 

12 Q. Who did that shoulder 

13 surgery? 

14 A. Dr. Hart -- same one. 

15 Q. Hartzog. 

16 A. And Dr. Cook put me in a 

17 back brace because I said I'm not having 

18 no surgery and a "T" pump. 

19 Q. A "T" pump? 

20 A. Yes, sir. 

21 Q. Who gave you the "T" pump? 

22 A. Dr. Cook, Roseanne Cook. I 

23 have a body length. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 30 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

31 (Pages 118 to 121)

Page 118

1 Q. Had a what? 

2 A. I have a body length "T" 

3 pump. 

4 Q. What is that? 

5 A. The one from the neck down 

6 to your feet, foot; a special one. 

7 Q. Based on what you've told me 

8 about how you were able to get around 

9 before the accident, why were you not 

10 able to work before the accident? 

11 A. I guess that I don't know. 

12 I didn't go back -- nobody told me to go 

13 back and be evaluated or anything like 

14 that so. 

15 Q. This has nothing -- off the 

16 record. 

17 

18 (A discussion was held off the 

19 record.)

20 

21 A. Excuse me. Lortab. That's 

22 what I'm on. 

23 Q. (By Mr. Bailey) What -- do 

Page 119

1 you know what dosage you get, like a 

2 whole pill, half a pill? 

3 A. Whole pill. 

4 Q. How many times you take 

5 it? 

6 A. About four, five times a 

7 day. And Naprosyn, yeah, Naprosyn. It 

8 will come to me. 

9 Q. How often do you take 

10 Naprosyn? 

11 A. As often as I need it. 

12 Q. Did you continue to take the 

13 depression pills after the accident or 

14 have you stopped taking those? 

15 A. No. The depression got 

16 worse so I'm on different ones. 

17 Q. What are you taking for 

18 depression now? 

19 A. I'm taking -- I thought I 

20 sent a medical list. I can't -- I can't 

21 recall all that, you know what I'm 

22 saying. 

23 Q. I'm looking. 

Page 120

1 A. And I'm on a morning 

2 depression tablet too. 

3 Q. So you take a pill for 

4 depression in the morning? 

5 A. And at night. It's the 

6 newest -- I think the newest one. My 

7 sister, she know what it is. They read 

8 my medicine and stuff for me. 

9 Q. In one of the responses to 

10 interrogatories, I asked for every 

11 doctor who has treated you in the last 

12 ten years. One of them says Dr. Cole, 

13 Pine Apple Health Clinic. Is that 

14 Cook? 

15 A. Dr. Cook. 

16 Q. That's what that is. 

17 MR. STRENGTH: Might be my 

18 fault. 

19 Q. That's okay. I just want to 

20 make sure there wasn't another doctor. 

21 A. Dr. Cook. 

22 Q. When did you last see Dr. 

23 Greg Waller? 

Page 121

1 A. Oh -- 

2 Q. He's an OB/GYN. 

3 A. I fixing to tell you. About 

4 16 years, something like that. 

5 Q. What is your weight today? 

6 A. Two -- almost 250. 

7 Q. Do you have trouble going to 

8 the bathroom? 

9 A. Yes, sir. 

10 Q. Have any doctors given you 

11 anything for that or help to try to 

12 treat that? 

13 A. No, sir. 

14 Q. Have any doctors told you 

15 why you think you have that problem? 

16 A. They say that when I had the 

17 accident that it started my bladder to 

18 having spasms. 

19 Q. Do you recall talking to 

20 anyone at Wal-Mart or about this 

21 accident after it happened? 

22 A. No, sir. No, sir. 

23 Q. Have you kept up with how 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 31 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

32 (Pages 122 to 125)

Page 122

1 much money you paid out of your own 

2 pocket for medical bills and things 

3 related to this accident? 

4 A. Kind of. My husband, 

5 yeah. 

6 Q. Can you tell me 

7 approximately how much you've spent out 

8 of your pocket for this? 

9 A. It's on that paper where I 

10 paid -- my husband paid for two girls to 

11 come in and help me every day for a 

12 week, give them a hundred dollars. And 

13 my son.

14 Q. How many weeks did they come 

15 in and help? 

16 A. Every week. I have help all 

17 the time. Some volunteer. 

18 Q. How long have you been 

19 having help? 

20 A. Ever since August of 2004. 

21 Q. And what did they do for the 

22 family? 

23 A. They bathe me. They comb my 

Page 123

1 hair, get my clothes, cook, clean up, 

2 change my beds, you know, stuff like 

3 that, grooming. And take me, you know, 

4 places, get me out of the house. 

5 Q. Are they there 24 hours a 

6 day or just during the day? 

7 A. Just during the day when my 

8 husband come home. He get off at five 

9 and if I'm in a lot of pain where he 

10 don't want, you know, because he have to 

11 go to work, then my daughter, she comes, 

12 and you know, stay with me. 

13 Q. So they stay with you while 

14 your husband is at work? 

15 A. Yes, sir. 

16 Q. And they usually leave after 

17 your husband gets home? 

18 A. Yes, sir. Yes, sir. 

19 Q. What about when your husband 

20 was not coming home for that -- 

21 A. My daughter was right there 

22 with me and they still helped me. I 

23 never been left alone. 

Page 124

1 Q. Which doctor or which 

2 doctors do you think are most familiar 

3 with all of the medical problems you 

4 have right now? 

5 A. I don't know. 

6 Q. I saw where Dr. Chestnut, 

7 the chiropractor, said something about 

8 you having a disability rating of 72 

9 percent? 

10 A. Yes, sir. 

11 Q. Has any other doctor mention 

12 anything about a disability or 

13 impairment rating to you? 

14 A. Well, Dr. Cook have and 

15 Sturbridge. 

16 Q. Dr. Sturbridge? 

17 A. Sturbridge Chiropractic. 

18 Q. What has Dr. Cook said about 

19 your impairment or disability? 

20 A. Something about my -- the 

21 strength and stuff in my, you know, from 

22 my waist down is really messed up. And 

23 it's danger for me, you know, trying to 

Page 125

1 walk and stuff. 

2 Q. How far are you able to walk 

3 now? 

4 A. I would say not further to 

5 that bathroom around there, you know, 

6 without stopping and resting several 

7 times. 

8 Q. You're wearing some kind of 

9 a brace around your back? 

10 A. Yes, sir. 24/7. 

11 Q. And what about this "T" 

12 pump, how often is that? 

13 A. That's 24/7. 

14 Q. It automatically gives you 

15 medicine? 

16 A. It's a water flow. 

17 Q. What does it do for you? 

18 A. It ease the pain. 

19 Q. Moves water up and down? 

20 A. Yeah. 

21 Q. It's not a drug. It doesn't 

22 inject drugs into you? 

23 A. No. No. No. And she 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 32 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

33 (Pages 126 to 129)

Page 126

1 also -- I sent it in, have ordered a 

2 special mattress for me. 

3 Q. That haven't come yet? 

4 A. Oh, Medicare wouldn't pay 

5 for that and y'all wouldn't pay for it. 

6 MR. BAILEY: I think that's 

7 all I have. Have you understood my 

8 questions? 

9 A. Yes, sir. 

10 Q. Have you given me the best 

11 answers you can give? 

12 A. To the best of my ability. 

13 Q. Is there anything you would 

14 like to add? I want to give you an 

15 opportunity to tell me in your own words 

16 how this has affected you. 

17 A. Lord. 

18 Q. So this is your chance to 

19 unload on me. 

20 A. Well, it's messed my life up 

21 that's for sure. I'm messed up and 

22 messed up for my grands, my greatgrands 

23 and it has, you know, interrupt with my 

Page 127

1 family life, my husband and stuff like 

2 that. And I get very depressed because 

3 it hurt me. I can't go and do the 

4 things I like to do. I look at myself 

5 in the mirror. Sometime I say I'm not 

6 even worth living and I have somebody 

7 stay around me all the time. I kill 

8 myself because I ain't used to this kind 

9 of life. I get very depressed. I mean, 

10 very depressed. I hurt all the time. 

11 All the time. 24/7. I be scared I'm 

12 going to get to be a dope addict taking 

13 all those pills, but if I don't take 

14 them, I just suffer. 

15 And before then, I went 

16 some -- everywhere. I was a big worker 

17 in the church and everything but no 

18 more. I can't do it. I'm the mother of 

19 the church and I cannot do, help with 

20 the sacrament or anything. And I get 

21 very depressed. My pastor have to come 

22 over a lot of times and pray for me 

23 because it's hard. Don't nobody know 

Page 128

1 but me and the Lord what I go through. 

2 It's real hard. And every time I say I 

3 be glad when I get that bike out of my 

4 house. I have flashbacks when I see it 

5 a lot of time. I think about it. Like 

6 today when you were pedaling that bike, 

7 I saw myself just a go a falling. It 

8 just tears me apart, really apart. I 

9 told my son that I probably go back with 

10 him for a while. I just -- it's just 

11 hard. 

12 Like Christmas and things 

13 that I used to enjoy with the 

14 grandchildren, I couldn't do it, many 

15 Christmas. And you just don't know how 

16 outgoing, you know, I was. I had a 

17 garden. I had all kinds of fruit trees 

18 and pecans and stuff. I can't get none 

19 of them. People down there on my place 

20 getting them all. That bother me. I 

21 can't do it. It's just been very, very 

22 hard. I mean, very hard. I feel like 

23 life ain't living for. Honest to God, I 

Page 129

1 say that I just sometime I wish I 

2 wouldn't be on this earth. That's just 

3 the way I feel. 

4 Q. What church were you the 

5 mother of or are you the mother of? 

6 A. Hope Ministry. 

7 Q. Hope? 

8 A. Yeah, International. 

9 Q. What denomination is that? 

10 A. Holiness. And the Pastor 

11 Abe -- 

12 Q. Where is that church? 

13 A. Here in Montgomery out on, 

14 oh, Lord, down there by the red lounge, 

15 the apartment down there. That church 

16 that sit right off -- 

17 Q. Red Line Apartment? 

18 A. Right. That church that set 

19 out in that field.

20 Q. I know where that is. 

21 A. And also I was the cook. We 

22 have -- every second Sunday we have a 

23 fellowship. I can't do any of that. 

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 33 of 34
FREEDOM COURT REPORTING

(205) 397-2397 BIRMINGHAM, ALABAMA 1-877-373-3660

367 VALLEY AVENUE

34 (Pages 130 to 131)

Page 130

1 It's very sad. 

2 Q. Has anything helped, 

3 anything the doctors have done helped 

4 you get better? 

5 A. It have calm -- calm the 

6 pains down, my pain down. And it 'cause 

7 to get used to whatever it is and just 

8 gradually come on back up. 

9 Q. Well, I thank you for 

10 answering my questions and letting me 

11 come to your home. 

12 A. Yes, sir. 

13 MR. BAILEY: And y'all are 

14 very nice to let me do that. And that's 

15 all the questions I have. 

16 

17 

18 

19 FURTHER DEPONENT SAITH NOT

20

21

22

23

Page 131

1 CERTIFICATE

2

3 STATE OF ALABAMA)

4 AUTAUGA COUNTY)

5

6 I hereby certify that the above 

7 and foregoing deposition was taken down 

8 by me in stenotype and the questions and 

9 answers thereto were transcribed by 

10 means of computer-aided transcription, 

11 and that the foregoing represents a true 

12 and correct transcript of the testimony 

13 given by said witness upon said hearing.

14 I further certify that I am 

15 neither of counsel, nor of kin to the 

16 parties to the action, nor am I in 

17 anywise interested in the result of said 

18 cause.

19

20 

21 _____________________________

22 LESLIE K. HARTSFIELD,

23 COURT REPORTER

Case 2:06-cv-00721-MHT-TFM Document 24-2 Filed 08/03/2007 Page 34 of 34
Case 2:06-cv-00721-MHT-TFM Document 24-3 Filed 08/03/2007 Page 1 of 5
Case 2:06-cv-00721-MHT-TFM Document 24-3 Filed 08/03/2007 Page 2 of 5
Case 2:06-cv-00721-MHT-TFM Document 24-3 Filed 08/03/2007 Page 3 of 5
Case 2:06-cv-00721-MHT-TFM Document 24-3 Filed 08/03/2007 Page 4 of 5
Case 2:06-cv-00721-MHT-TFM Document 24-3 Filed 08/03/2007 Page 5 of 5
Case 2:06-cv-00721-MHT-TFM Document 24-4 Filed 08/03/2007 Page 1 of 9
Case 2:06-cv-00721-MHT-TFM Document 24-4 Filed 08/03/2007 Page 2 of 9
Case 2:06-cv-00721-MHT-TFM Document 24-4 Filed 08/03/2007 Page 3 of 9
Case 2:06-cv-00721-MHT-TFM Document 24-4 Filed 08/03/2007 Page 4 of 9
Case 2:06-cv-00721-MHT-TFM Document 24-4 Filed 08/03/2007 Page 5 of 9
Case 2:06-cv-00721-MHT-TFM Document 24-4 Filed 08/03/2007 Page 6 of 9
Case 2:06-cv-00721-MHT-TFM Document 24-4 Filed 08/03/2007 Page 7 of 9
Case 2:06-cv-00721-MHT-TFM Document 24-4 Filed 08/03/2007 Page 8 of 9
Case 2:06-cv-00721-MHT-TFM Document 24-4 Filed 08/03/2007 Page 9 of 9
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 1 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 2 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 3 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 4 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 5 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 6 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 7 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 8 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 9 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 10 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 11 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 12 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 13 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 14 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 15 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 16 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 17 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 18 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 19 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 20 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 21 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 22 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 23 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 24 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 25 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 26 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 27 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 28 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 29 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 30 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 31 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 32 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 33 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 34 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 35 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 36 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 37 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 38 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 39 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 40 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 41 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 42 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 43 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 44 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 45 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 46 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 47 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 48 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 49 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 50 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 51 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 52 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 53 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 54 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 55 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 56 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 57 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 58 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 59 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 60 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 61 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 62 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 63 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 64 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 65 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 66 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 67 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 68 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 69 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 70 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 71 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 72 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 73 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 74 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 75 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 76 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 77 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 78 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 79 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 80 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 81 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 82 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 83 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 84 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 85 of 86
Case 2:06-cv-00721-MHT-TFM Document 24-5 Filed 08/03/2007 Page 86 of 86
Price Deposition Comparison

19-Jan-07 18-Dec-01

Page Line Testimony Page Line Testimony

9 23 Has lived at 5850 Carriage Brook Road about seven years. 7 19

Lives with her children Michelle Jackson and E

11 13 She and Willie have been married 20 odd years. 10 13

Married to Willie J. Prichave been separated n

15 16 Was taken off disability at one time. 18 10 Has been SS disability 

19 16

Claims never to have fallen prior to exercise equipment event. 71 21

Dr. Cook prescribed thout on me. I kept falling

21 17

[In Bill's Dollar Store] Suffered "Just Bruises. Had problems with my ligament." 68 23

[Accident at Bill's Dollafrom my toe. The pain through my toe and up us to have to separate.

24 4

Have only filed two cases. This one and the one in Wilcox County. 25 1

Have previously sued Hto my account when I b

24 7

"Before this happened I was playing ball and doing my household, you know, and going anywhere that I wanted, you know, to go and do, driving, playing with the grandchildren 24/7 and having sex with my husband when I wanted." 68 13

"I can't wear heels and wear flat, soft shoes alall the time. And it's caand my husband, sex aand stuff like that. It's s

25 9

At the time this happened I was 5'2" and 201 or 202 pounds. 67 20

"I'm getting so tired. I hI have gained somethinthese steriods. He said have."

25 17

Before the event I played volleyball and baseball in the backyard. 79 3

Living with daughters btake care of herself.

26 4

Before the event I did the cleaning, cooking, caring for my husband, washing and ironing, I would paint walls, hand wallpaper, mop, all that kind of stuff. 69 6

"I'm hurting all the time children right now. I coI'm used to wearing my do that. It's emotional 

Page 1

Case 2:06-cv-00721-MHT-TFM Document 24-6 Filed 08/03/2007 Page 1 of 
26 14

[Before accident] There were no household chores I could not do. I changed my furniture around. 79 10

"I can't stand on my leg get in the tub. It gave ovacuuming, I've tried a

26 20

Before this incident she was under no restrictions of any kind in my ability to move or do things. 73 1

"Couldn't do the chores house and stuff. I was nurse and give the bottme them words."

27 3

Before accident she travelled to Boston, Detroit, Greenwood MS, Florida. 74 6

I can't drive up to Mont40 miles]

27 12 Was able to drive herself for 3 hours or more at a time. 74 10

I can't drive to Selma [aaround Camden.

27 20 Drove an SUV and an RV.28 18

Has 10 grandchildren [before accident] she played with 24/7. 71 10

"No surgery ain't going grandchildren, run and I'm walking with the sticsomebody with a stick. 

29 18

"My husband had left me since I've been sick and stuff. My husband had walk out on me. He have came back and I know there are other women he was going with. And during the time before then, I never had any problems with him." 72 3

[My husband left] "mayof the accident. And he coming back and leavinand going on an stuff bstuff, and we'd start an

30 1

"And just sometimes we want to have sex and stuff, he understand that I can't have sex because we tried it one time and it 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 then sometimes two and three times. We was really sexual. We would love one another and stuff like that."

31 1 We had no marital problems before the accident. 70 5

"We didn't have no prohard, very, very, very s

31 6 Before the accident my husband was faithful to me. 69 15

[Husband left me becahe's got to get it from s

31 10

Before the accident we were having sex almost every night and sometimes more than once or twice.

31 14 After the accident my husband has left me twice.

Page 2

Case 2:06-cv-00721-MHT-TFM Document 24-6 Filed 08/03/2007 Page 2 of 
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.

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 Humulin, Clonidine, Lasix and depression medicine.

102 12

Had been on depression medicine about six months before the accident due to a lot of death in the family. Nephew killed himself. 70 13

Dr. Littrell wanted me tpsychologist.

104 16 Got prescription for Lorcet and Soma "for the muscles". 76 14

Currently taking "Dorceto 4 times a day.

106 23

Remembers later having a knee MRI and being told the knew was sprained.

112 4 Has not fallen since accident.113 20

Current medical problems: "Start in my nec, my shoulder, and my back and my knee and other places too; sex."

114 2

Have been in a wheelchair about a year. Dr. Roseanne Cook ordered it for me.

118 11

I don’t know why I wasn't able to work before the accident. Nobody told me to go back and be evaluated or anything like that. 

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 morning and at night.

121 9

Currently has trouble going to the bathroom. Drs. Say that when I had accident that it started my bladder to having spasms. 46 15

[At Bill's Dollar Store] I was so severe I peed m

Page 3

Case 2:06-cv-00721-MHT-TFM Document 24-6 Filed 08/03/2007 Page 3 of 
122 20

Ever since August of 2004 my husband has been paying two girls to come in and help me every day for $100 a week. They 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 left.

125 4

Currently cannot walk to the bathroom without stopping to rest.

126 20

[This has] "messed my life up that's for sure. I'm messed up and messed up form my grands, my greatgrands and it has interrupt 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 myself in the mirror. Sometime I say I'm not even worth living and I have somebody stay around me all the time. I kill myself because I a'int used to this 70 23

[I can't associate with pthe pain, the pain and tto go on like this, it ain'maybe surgery or someback to normal.

128 12

"Like Christman and things that I used to enjoy with the grandchildren, I couldn't do it. And you just don't know how outgoing I was. I had all kinds of fruit trees and pecans and stuff. I can't get none of them. People down there on my place getting them all. That bother me. I can't do it. I feel like life ain't living for." 75 10

"Before this accident...vegetables and potatoerun my tiller plow and gdon't have any of that. stuff."

129 1

"Honest to God I say sometime I wish I wouldn't be on this earth." 70 16

"The pain and the presme, I don't even feel likIf I got to go through life like it's worth living for. 

130 5

Doctors have calmed pain down and it just gradually come on back up. 84 2 I am in constant pain to

Page 4

Case 2:06-cv-00721-MHT-TFM Document 24-6 Filed 08/03/2007 Page 4 of 
Case 2:06-cv-00721-MHT-TFM Document 24-8 Filed 08/03/2007 Page 1 of 4
Case 2:06-cv-00721-MHT-TFM Document 24-8 Filed 08/03/2007 Page 2 of 4
Case 2:06-cv-00721-MHT-TFM Document 24-8 Filed 08/03/2007 Page 3 of 4
Case 2:06-cv-00721-MHT-TFM Document 24-8 Filed 08/03/2007 Page 4 of 4