1 BULLITT CIRCUIT COURT 2 RICHARD SLAWSKY PLAINTIFF€¦ · in a lawsuit that you filed against it regarding a slip-and-fall-type accident that happened a little over a year ago,

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McLENDON-KOGUT REPORTING SERVICE, LLC (502) 585-5634

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COMMONWEALTH OF KENTUCKYBULLITT CIRCUIT COURT

DIVISION 1CIVIL ACTION NO. 16-CI-00149

RICHARD SLAWSKY

v.

KNOB CREEK GUN RANGE, INC.

PLAINTIFF

DEFENDANT

* * *

The deposition of RICHARD WILLIAM SLAWSKY,

taken pursuant to notice by the Defendant on July

19, 2016, in the law offices of Walters Meadows

Richardson, PLLC, 920 Lily Creek Road, Suite 102,

Louisville, Kentucky.

DANNIELLE COPELAND, RMR, CRRMcLendon-Kogut Reporting Service, LLC

Anchorage Office Plaza2525 Nelson Miller Parkway, Suite 204

Louisville, Kentucky 40223(502) 585-5634

[email protected]

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C O N T E N T S

PageAppearances 3

Examination by Mr. Krokosky 4Examination by Mr. Cowley 124Examination by Mr. Krokosky 125

Notary Certificate 127

ExhibitsSlawsky Deposition Exhibit 1 21Slawsky Deposition Exhibit 2 21Slawsky Deposition Exhibit 3 35Slawsky Deposition Exhibit 4 35Slawsky Deposition Exhibit 5 51Slawsky Deposition Exhibit 6* 55Slawsky Deposition Exhibit 7 60Slawsky Deposition Exhibit 8 97

Requested ItemsMr. Slawsky should keep the shoesthat he was wearing at the timeof the incident

45

* Exhibit 6 retained by Mr. Krokosky

* * *

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APPEARANCES

FOR PLAINTIFF:Mr. William E. CowleyCowley Law Office, PLLC436 South 7th Street, Suite 200Louisville, Kentucky 40203(502) [email protected]

FOR DEFENDANT:Mr. Neal KrokoskyMr. Douglas DawsonWalters Meadows Richardson, PLLC920 Lily Creek Road, Suite 102Louisville, Kentucky 40243(502) [email protected]

* * *

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RICHARD WILLIAM SLAWSKY, called by the

Defendant, having been first duly sworn, testified

as follows.

EXAMINATION

By Mr. Krokosky:

(Deposition commenced at 9:37 a.m.)

Q. Will you state your name for the record?

A. Richard William Slawsky.

Q. What's your current address?

A. 6601 El Toro Court, Louisville, Kentucky,

40291.

Q. Mr. Slawsky, we met briefly just off the

record. I introduced myself. My name is Neal

Krokosky. I'm here with my colleague Doug Dawson.

We are attorneys who represent Knob Creek Gun Range

in a lawsuit that you filed against it regarding a

slip-and-fall-type accident that happened a little

over a year ago, if I understand it correctly.

Have you ever given a deposition before?

A. Yes. Years and years ago. In another case,

not my own case.

Q. Do you remember anything about the context of

what that deposition consisted of?

A. It was actually a slip-and-fall in a

restaurant.

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Q. Were you a witness in that case?

A. I gave a deposition, but that was as far as

it went.

Q. Okay. If it wasn't your case, what was

the -- what role did you play as a witness or giving

a deposition in that case?

A. I was manager of a restaurant where a

customer had slipped and fell.

Q. I gotcha. Other than that one deposition,

any other deposition experience?

A. No.

Q. All right. Well, I'm sure your attorney has

gone over the process with you, either in greater or

lesser detail, depending on your preparation.

There are just a couple things that we need to

keep in mind during the process. I'm obviously here

to learn whatever factual information you have that

helps me to evaluate the claim that you're making,

and as part of that we have a court reporter to my

left and your right. Her job is to take down the

words that I say, the words that you say, the words

that your attorney says. She turns it into a

transcript at the end of the day. Because of that,

it's important that all of your answers are yes, no,

I don't know, or something else in words --

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A. Yes.

Q. -- other than uh-huh or huh-uh, because in

everyday speech, we can sit here and look at each

other and know exactly what the other one is

communicating, but it doesn't look the same on the

transcript. Fair enough?

A. Yes.

Q. The second thing is, related to the first,

all answers need to be verbal, again, yes, no, I

don't know, however you care to answer, but it needs

to be words, not nods of the head or gestures, or so

on and so forth. Fair enough?

A. Yes.

Q. The final thing, and it's odd to go most

important last, but that is my typical pattern, for

better or for worse, is if I ask you a question and

you're confused or you don't understand the

question, will you let me know and ask for

clarification?

A. Yes.

Q. Otherwise, if I ask you a question and you

answer, can I assume that you understood the

question?

A. Yes.

Q. The last thing, famous last words, of course,

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now that I've said it twice, is there might be times

where your attorney asks you or I ask you a

follow-up question, such as, "Is that a yes," or "Is

that a no," "Are you saying correct," so on and so

forth.

The purpose of that is not to change your

answer. It's just to make certain that I have a

good understanding or your attorney has a good

understanding of exactly what you mean by your

answer. Fair enough?

A. Yes.

Q. Now, my understanding of what brings us

together today is that you went to the Knob Creek

Gun Range back on March 7, 2015. Does that sound

about right?

A. Correct.

Q. Do you have an independent recollection of

any activities that you engaged in before you got to

Knob Creek Gun Range on March 7, 2015?

A. No. Just got up and drove there with my

wife.

Q. And I'm going to shorten it because Knob

Creek Gun Range becomes a little loquacious at

times, so I'm going to go with Knob Creek. Fair

enough?

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A. Fair.

Q. Do you remember what time of day you got to

Knob Creek?

A. Early morning, maybe 10:30 or 11:00. I guess

that's early for me.

Q. If that's early for you, I'm envious of you

in a lot of ways.

A. On a Saturday, anyway.

Q. Do you remember what the weather was like on

the morning of March 7, 2015?

A. Clear and cold.

Q. Was it snowing when you woke up?

A. No.

Q. At any point in time on March 7, between when

you woke up and when you got to Knob Creek, did it

snow in the area that you were in?

A. No.

Q. Did it snow on March 6, 2015?

A. I don't believe so, no.

Q. My understanding is that you've been a --

you, at the time at least, were a member of Knob

Creek. Is that fair?

A. Correct.

Q. How long had you been a member of Knob Creek?

A. Probably a year and a half.

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Q. And not being familiar in total with what

membership entails at Knob Creek, why don't you just

describe how you become a member, what that entails,

if you're given any documents at the outset of your

membership?

A. Okay. When I had memberships, it was $100 a

year, you got an ID card, and the main benefit was

rather than pay the range fee of $10 a day, it was

free with the membership.

Q. And I presume once you become a member, as

long as you renew, you keep the same card and other

things along those lines?

A. Well, the card had an expiration date on it,

so they would give you a new card each time.

Q. So if this happens on March 7 of 2015 and you

were a member for about a year and a half before

that, that takes us, what, back to the fall of 2013?

A. Probably so. I'm not exactly clear. And I

was a patron before I was a member too, so --

Q. Okay. When was the first time that you ever

went to Knob Creek?

A. I don't recall. Years and years ago.

Q. And the unfortunate part of this process is

that when you use descriptions like that, which are

totally fine, it begs the question of having me

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follow up on what that means.

A. Okay.

Q. So in this instance, can you give me some

idea of roughly the first time you went to Knob

Creek?

A. Well, I moved back to Kentucky in 2005, so it

may have been 2009, 2010, in that range.

Q. How frequently would you go to Knob Creek

between when you first started going and the day of

this accident on March the 7th?

A. Weekly.

Q. Would it be once a week, twice a week, three

times a week?

A. Once a week. Saturday mornings.

Q. Always on Saturday mornings?

A. Yes.

Q. Any particular reason Saturday mornings as

opposed to some other time?

A. Well, because I was working during the week,

Sunday is not -- I usually actually work on Sundays

too, so Saturday was sort of the day with my wife

and going out.

Q. And would you go essentially once a week

year-round starting in 2009, 2010?

A. Yes.

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Q. After your accident on March 7, 2015, have

you been back to Knob Creek?

A. No.

Q. Is there a reason you haven't been back to

Knob Creek?

A. Well, probably because of this lawsuit. I

didn't think it was appropriate.

Q. Other than the fact that we have this ongoing

lawsuit and in that context you didn't think it was

appropriate to go back to Knob Creek, are there any

other reasons that you have not been back to Knob

Creek since March 7, 2015?

A. No.

Q. All right. What did you do to -- well, let

me start here: Did you do anything to prepare for

today's deposition?

A. Nothing in particular, no.

Q. And what I mean by that is did you

specifically look at any documents or any other

materials to sit down and say, "You know, my

deposition's coming up. I need to remember these

things or I want to refresh my recollection"?

A. No.

Q. Did you talk to anybody in preparation for

today's deposition?

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A. Other than my attorney briefly earlier this

morning -- or in the conference room here.

Q. Gotcha. And let's set aside the conversation

or conversations with the attorney. Have you spoken

to anybody else about this deposition today?

A. No.

Q. Have you spoken to anyone other than your

attorney about this lawsuit that you filed against

Knob Creek?

A. Are we excluding my wife?

Q. I'm not excluding your wife.

A. Okay. I've talked to my wife about it.

Q. Is there anyone that you've talked to about

this lawsuit in addition to your wife and your

attorney?

A. No.

Q. Have you done any sort of research on Knob

Creek?

A. No.

Q. And what I mean by that is: Have you ever

researched Knob Creek online?

A. General things. Nothing particularly related

to this lawsuit.

Q. What sorts of general things did you research

about Knob Creek online?

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A. They have an online store. They have a

discussion board, upcoming activities, those sorts

of things.

Q. And that's on its website, I presume?

A. Right. Right.

Q. Did you do any other sort of Internet or

online research about Knob Creek other than visiting

its website?

A. No.

Q. Have you ever read any news stories about

Knob Creek?

A. Yes.

Q. What sorts of news stories have you read

about Knob Creek?

A. Well, they had an incident a few years ago

where somebody was shot and collapsed outside the

premises or maybe at the front gate. They have the

semiannual machine gun shoot, so there's always

stories about that going on.

Q. The semiannual machine gun shoot, is that in

conjunction with their night shoot or is that a

separate thing? Because I saw the pictures of the

night shoot. It looked very interesting.

A. It's in conjunction with this.

Q. I gotcha. Have you ever attended that event?

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A. One time.

Q. Was it as interesting as it appears?

A. It is for five minutes, and then the rest of

the time -- the whole shooting aspect is for five or

ten minutes. The rest of the time you're sitting

there waiting for it to happen.

Q. Fair enough. So we've got news stories that

you've read pertaining to a shooting outside the

premises, you've seen news stories regarding the

semiannual machine gun shoot. Any other news

stories that you recall reading about Knob Creek?

A. Nothing specifically, no.

Q. Ever hear about them or see any stories about

Knob Creek on the television?

A. Occasionally, yes.

Q. Do you recall the specifics of any of those

stories that you saw on TV?

A. Well, the shooting incident where the woman

was shot -- I believe she later died -- was on TV,

and then the machine gun shoot, they have occasional

news stories about that.

Q. Any other news stories that you recall seeing

on television about Knob Creek?

A. No.

Q. It might be an older medium to some people,

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but I still enjoy listening to the radio. How about

anything that you've heard on the radio about Knob

Creek?

A. They sponsor a Christian radio station that

my wife likes to listen to in the car.

Q. What radio station is that?

A. I think it's WJIE.

Q. I've taken you through online, television,

radio, and print. Any other stories or any other

sources of information that you've either heard,

seen, or listened to with respect to stories about

Knob Creek?

A. No. There are online -- the YouTube clips of

the machine gun shoot with R. Lee Ermey that I've

seen. That's about it.

Q. Okay. With respect to this accident on

March 7, 2015, do you recall speaking to anyone who

is employed by Knob Creek?

A. Before or after?

Q. Let's start with before.

A. Yes.

Q. Who did you speak with before -- these

questions are all going to be on the day of March 7,

2015.

A. Sure.

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Q. But it gets cumbersome to say that. Fair

enough?

A. Sure.

Q. Who did you speak to at Knob Creek before

this accident on March 7, 2015?

A. The person who checks you in and stamps your

hand to go to the firing range.

Q. Do you remember the name of that person?

A. No.

Q. Was that person located inside in kind of

like the gun shop area, or outside?

A. Inside.

Q. Okay. Do you remember if it was a man or a

woman?

A. It was a man.

Q. Can you describe that man at all?

A. I'm not 100 percent sure.

Q. Okay. Any physical characteristics that you

recall about that gentleman?

A. No.

Q. Do you remember what you spoke to him about?

A. Just I'm here to shoot, sign in, and get my

hand stamped, show him my ID card.

Q. Do you recall speaking to any other employees

of Knob Creek before the accident?

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A. No.

Q. After your accident on March 7, 2015, do you

recall speaking to any employees at Knob Creek?

A. Yes.

Q. Do you know the names of those people?

A. No.

Q. Was it is one person or more than one?

A. It may have been more than one.

Q. And what I'm doing here is sometimes I'm

asking questions of was it A or B, and if you want

me to break down some of these questions, just let

me know, but I'm trying to get through some of this

preliminary stuff, asking you questions that I have

confidence that you're going to understand and trust

that you'll tell me if you don't.

A. Okay.

Q. So after your accident on March 7, 2015, you

spoke to at least one employee of Knob Creek, but

there may have been others --

A. Right.

Q. -- is that fair enough?

A. Right.

Q. Okay. With respect to that individual, do

you know who that person was?

A. I would recognize him on sight, but I don't

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know his name.

Q. If we're using a male pronoun, I presume it's

a gentleman?

A. Yes.

Q. Any independent recollection of a physical

description of him?

A. Early to mid 30s, in shape. He looked like

an ex-military person.

Q. Okay. What was the context in which you

interacted with this gentleman after your accident

on March 7, 2015?

A. To help me get up off the ground, and he sort

of carried me over to the bench -- didn't carry me,

but he helped me hobble over to the bench.

Q. Yeah, because my understanding, and we're

jumping ahead a bit, is after your accident you

ultimately got over to a bench and sat down until

the paramedics arrived. Is that about right?

A. Correct.

Q. Okay. Do you remember any conversation that

you had with this individual who helped you to the

bench?

A. Well, I told him that I was pretty sure my

leg was broken. He asked me if I wanted some water

or something to drink, and that was pretty much it.

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It may have been him or it may have been somebody

else who came out a little bit later and took down

my contact information.

Q. With respect to this gentleman who helped you

over to the bench, I think you said that was pretty

much about it with respect to that conversation. Do

you recall any other portions of that conversation

that you had with him?

A. No.

Q. Do you ever recall that individual saying

anything -- do you ever recall that individual

saying Knob Creek's responsible for your accident?

A. No.

Q. Apologizing for your accident?

A. No, not specifically.

Q. In other words, what I'm going to ask

generally is: Did that individual who helped you

over to the bench, did he ever give you any

indication that in his opinion Knob Creek was

somehow responsible for the accident that you had on

March 7, 2015?

A. No.

Q. I don't know a lot about guns, so I'm sorry

if I ask you some questions that are very basic to

you and very new to me. I don't own any.

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A. Sure.

Q. So when you go there, did you take your own

gun and shoot? Did you rent one? Tell me about

your general experience. I'm not limiting it to

March 7. I'm just trying to get a thumbnail of your

general experience there.

A. Okay. I own my own guns. I have never

rented one from there.

Q. Okay. What did you take with you to shoot?

A. That day I took a Stevens .308.

Q. That's a handgun, right?

A. No. It's a rifle.

Q. It's a rifle. Is that the typical gun that

you would take when you would go there on a weekly

basis, or would you kind of trade off depending on

how you're feeling?

A. I have another rifle, a .30-06, Smith &

Wesson, that I would take occasionally.

Q. At any point in time before your accident on

March 7, 2015, did you ever trip and fall or slip

and fall anywhere on the premises operated by Knob

Creek?

A. No.

Q. Did you ever see anybody trip and fall or

slip and fall in that area?

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A. No.

Q. Did you ever hear anybody complain about

trips and falls or slips and falls before your

accident on March 7, 2015?

A. No.

Q. All right. Before we sat down today -- I'm

sure you have probably seen this document before --

we sent some written questions to your attorney, and

I'm going to have the court reporter mark a copy and

I'm going to hand it to you so it's not a guessing

game.

(Slawsky Deposition Exhibit 1 was marked for

identification and is filed with this transcript.)

MR. COWLEY: Do you have the supplemental

responses?

MR. KROKOSKY: I do. We might as well mark

those right away.

(Off-the-record discussion.)



Q. Mr. Slawsky, what the court reporter has

handed you -- she's handed you two documents.

Exhibit 1 is marked Plaintiff's Responses to First

Set of Interrogatories and Request For Production of

Documents. Do you see that?

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A. Yes.

Q. All right. Exhibit 2 is Plaintiff's

Supplemental Responses to First Set of

Interrogatories and Request For Production of

Documents. Do you see that?

A. Yes.

Q. All right. Have you -- and take your time to

kind of leaf through them if you want. I've got

specific questions I want to go through about this,

but, generally, do you recall seeing either of these

documents before?

A. No, I have not seen them.

Q. All right. Let's start here, then. On

Exhibit 1, which I believe is the one to your right,

three pages from the end, is that your signature?

A. Yes.

Q. All right. You signed that in front of a

notary public?

A. I signed it for -- yes.

Q. Okay. Well, what I'll -- I'll make this

representation to you, and I'm sure your attorney

maybe went over these on the phone, if not in person

with you.

What these are, is they're written questions

that I sent to gain some kind of basic information

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about you, about the claim, about what happened

here. I'm not going to go through and ask you to

repeat all of this information, but I have some

specific follow-up questions to these. And the

reason why I gave you Exhibit 1 and Exhibit 2 is to

give you a frame of reference about where I'm

getting the information from. Okay?

A. Yes.

Q. And I'll let you know, Exhibit 2 provides

some follow-up information to Exhibit 1.

A. Okay.

Q. All right. So I'm looking at Exhibit 1,

interrogatory number 1. It looks like this lists

kind of your career information, at least the recent

employment.

A. Yes.

Q. And I've got three things here: The

University of Louisville, Simmons College, and some

freelance writing.

A. Correct.

Q. So I'm going to take them one at a time.

Tell me, what do you do at the University of

Louisville?

A. Teach in the communication department.

Q. Okay. And what types of -- how long have you

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taught there?

A. Six years.

Q. What types of courses do you teach?

A. Public speaking, writing, and journalism.

Q. What types of writing classes do you teach?

A. News writing and magazine writing.

Q. One of the questions I have gone over, and

now I'm going to come back to, is tell me about your

education. Where did you go to high school?

A. Valley High School.

Q. Did you graduate?

A. Yes.

Q. Do you remember the year?

A. '78.

Q. All right. Did you go to college after that?

A. I did. I went to Murray State for a year,

transferred to University of Illinois for about a

year and a half, ended up dropping out, and actually

returned to college in 2006 and finished my

bachelor's degree and then went on to graduate

school and completed a master's degree.

Q. That was a lot more helpful than having me

ask question by question and a very succinct

summary, so I appreciate it.

Where did you ultimately get your bachelor's

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degree from?

A. U of L.

Q. Did you say it was 2006?

A. I think I received my degree in 2009. I

would have to look at the diploma, but it was in

about that range.

Q. Fair enough. What's your bachelor's degree

in?

A. Communication.

Q. Okay. And after that you indicated you have

some graduate work. Fair enough?

A. Correct.

Q. And it sounded like it's a master's degree,

correct?

A. Correct.

Q. Is that also from the University of

Louisville?

A. Yes.

Q. What year did you receive your master's

degree?

A. 2014, I believe.

Q. And what's your master's in?

A. Communication as well.

Q. For your master's program, did you have to

either -- did you have to take some sort of

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comprehensive exam or do some sort of capstone-type

project or any culmination that allows you to

incorporate what you've learned along the way?

A. I wrote a thesis.

Q. And what was your thesis on?

A. The tracking of YouTube comments and videos

about the Henryville tornados.

Q. And what were you looking for and what did

you find?

A. There's a concept in communication called

liminality, and when there's some sort of a

disaster, the barriers between social groups break

down and people all operate on the same level: The

mayor is out there shoveling sand bags with the dog

catcher or the guy who works at McDonald's or

something like that.

So it was an analysis of how those comments --

how people supported each other, how -- you know,

encouraged each other and those sorts of things.

Q. Do you have any education after your master's

degree?

A. No.

Q. With respect to the University of

Louisville -- and now I'm going back to these

questions on Exhibit Number 1 -- do you teach a set

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number of classes per semester? Do you teach only

one semester of the year? How frequently are you

teaching there?

A. Spring, summer, and fall. Generally, three

classes one semester, four classes the opposite

semester, and then one class in the summer.

Q. And has that kind of schedule been consistent

for the six years you've been there?

A. Pretty much. This past year I taught four

and four. They usually try to limit that to keep

from classifying somebody as a full-time.

Q. If I understand the implication of that

comment correctly, technically you're not considered

a full-time professor there?

A. No. Adjunct.

Q. It looks like, at the same time, you're doing

some work at Simmons College?

A. Correct.

Q. Does that overlap -- in terms of dates, does

that overlap with your time at the University of

Louisville?

A. Well, my first semester at Simmons was this

spring of 2016.

Q. I gotcha. And what are you teaching at

Simmons?

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A. It's a communication course as well. The

specific course was Media Representations of Race,

Gender and Sexuality.

Q. So this is like high-time, high-demand season

for you, based upon everything that I see on the

news?

A. Well, are you familiar with Simmons at all?

Q. I'm not.

A. Okay. It's a historically black college in

Downtown Louisville. It's very small in enrollment,

about 250 people, so it's just something I did more

as a -- I mean, I do get paid for it, but it's

minimal, and something I did more for enjoyment and

what I felt like was a contribution to the field.

Q. All right. The last one we've got here on

interrogatory 1 on Exhibit 1 is some freelance

writing.

A. Yes.

Q. Now, frankly, I don't know how you have time

for it on top of what you've already told me you do

for all these things, but tell me about your

freelance writing. And you're so succinct, I'm

going to give you generally what I'm looking for:

How long have you been doing it, what types of

things do you do, how frequently do you turn out

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work product? Just give any kind of a thumbnail of

what we're talking about.

A. Okay. I've been freelance writing since

probably 1999. Currently what I do -- I have two

main clients. One is a company from Houston that

produces material for the oil and gas industry, and

I write about the oil and gas industry in Canada.

That's pretty extensive. That's about 10,000 words

a week I do on that, and that's consistent.

The other client I have is a company called

Networld Media Group, which I, at one point, worked

for them full-time. They're based in Anchorage,

Kentucky, off of La Grange Road. And I focus,

primarily, on business-to-business papers, white

papers, case studies, for the digital signage

industry and the kiosk industry.

You go somewhere and instead of a printed sign

now they've got a digital display with, you know --

and you go into a restaurant, they've got digital

menu boards, and then in the kiosk industry, you go

to an airport, you check in at the kiosk, print your

boarding pass, or you go into a Walmart and you

insert your photo or whatever -- SIM card into -- or

card into a kiosk and print your photos out. Those

sorts of things.

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Q. Now, I think this will save a lot of

questions and time. It's my understanding, with

respect to this accident on March 7, 2015, you're

not making any sort of claim for lost wages; is that

correct?

A. No. I took a week off from U of L the

following week with spring break, but U of L paid me

for that week. I ran my classes online.

Q. And so this is one of those situations that I

told you about a moment ago. You are not making a

claim for lost wages as a result of this accident on

March 7, 2015, correct?

A. Correct.

Q. And you're not making a claim for any sort of

lost future wages as a result of this accident on

March 7, 2015, correct?

A. Well, I would have to ask my attorney about

that.

Q. And we can address that, but as you sit here

today, are you anticipating missing any work or

losing any employment as a result of this accident

on March 7, 2015?

A. No.

Q. I'm still on Exhibit 1. Again, you can turn.

You don't have to. I'm just giving you references.

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On Exhibit Number 1, interrogatory number 2 --

that's the second page -- it asks about your address

that you told us about on El Toro Court. Do you

currently live with anyone there?

A. My wife and my grandson.

Q. Okay. What is your wife's name?

A. Joycelyn, J-O-Y-C-E-L-Y-N.

Q. Same last name?

A. Yes, Slawsky.

Q. And have you lived at this El Toro Court

address with her consistently over the last ten

years?

A. Yes.

Q. And what is the name of your grandson?

A. Deion, D-E-I-O-N, Chanson, C-H-A-N-S-O-N.

Q. And how old is Deion?

A. 22.

Q. How long has Deion lived with you?

A. Since he was about six months old.

Q. Since the time of this accident on March 7,

2015, other than your wife and your grandson, has

anyone else lived with you at your home?

A. No.

Q. With your education and training in

communications, is it fair to say that you believe

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that it's important to precisely communicate either

your description of an event or how an event

happened?

A. Yes.

Q. And with respect to that precision, you would

agree with me that the word choices are important,

correct?

A. Yes.

Q. Have you ever done any research into any sort

of disconnect between the words that an individual

speaks and how the recipient or the person to whom

that message is being communicated actually receives

or understands the message?

A. Yes. That's a basic principle of the public

speaking classes.

Q. And what sorts of backgrounds -- can I call

it a disconnect?

A. Sure.

Q. Is that fair? From your experience and

background, is there often a disconnect between the

words that someone actually speaks and what the

receiver actually hears?

A. Maybe a better term would be "interference."

Q. And I'm happy to use that term.

A. Sure.

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Q. I have a political science and women's

studies background. Communications was something I

took but never focused on.

So describe the concept of interference to me.

A. Okay. The communication process essentially

works like this: Me as the speaker, I would

essentially encode a message, then I would send that

message out across the channel. In this case it's

just the air, but it could be the phone or radio or

something like that. You as a receiver would then

receive the message, decode it and interpret it.

Between -- along that channel there might be

some interference. There may be the noise from the

other room that distracts you, or the thing I always

tell my students is if you're giving a presentation

to your boss but you're wearing a T-shirt with a big

marijuana leaf on it, that may interfere with your

boss's reception of your message because he or she

is not going to take you that seriously.

MR. KROKOSKY: Can we go off the record for a

second?

(Off-the record discussion.)

Q. Mr. Slawsky, thanks for allowing me to use an

example of what I understood interference to be off

the record and having that discussion. We'll

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soldier forward here.

When you speak to other people, do you try to

be as precise in your language as possible?

A. Yes.

Q. On Exhibit Number 1, I'm looking at

interrogatory number 7. And before I ask you any

questions about that, I just would like you to take

a second to read interrogatory number 7 and the

answer to yourself. And let me know when you've

done that.

A. Okay. I'm done.

Q. So, briefly, interrogatory number 7 asks you

what happened leading up to your accident on

March 7, 2015, and there's about a paragraph-long

answer there.

Does that explanation that's given in response

to interrogatory number 7, does that generally --

no, does that accurately reflect what happened

before and leading up to the time of your accident

and just after your accident?

A. Yes.

Q. What's the route that you take -- and I'm not

interested in the total route from your house to the

gun range, but can you tell me, from your

experience, when you're first getting into the area

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of Knob Creek, is it a private road, is it a public

road, or what's kind of the entrance, if you will?

If that makes sense.

A. Okay. You go out Dixie Highway. You turn --

I'm not sure exactly what the street -- or what the

highway is. About a mile off Dixie Highway is the

main entrance to Knob Creek. It's a gravel road,

and you go through the gate and across the bridge,

up the gravel road to the complex.

Q. When you turn onto this gravel road, are

there any sorts of signs on either side of the road?

A. Well, there's a sign at the entrance, yes.

Q. Do you remember what that sign says?

A. Just Knob Creek Gun Range. I mean, I'm sure

there's more to it, but --

Q. And I'm just trying to get your independent

recollection here.


(Slawsky Deposition Exhibits 3 and 4 were

marked for identification and are filed with this

transcript.)

Q. What I've had the court reporter do,

Mr. Slawsky, is mark Exhibit 3 and Exhibit 4, which

each are photographs, individual photographs, and

I'll have you turn to Exhibit Number 3 first.

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And I asked you sort of a bad question about

what's the path to get there, and let me back up

now, having recognized that, and ask: Does

Exhibit 3 depict the road you would travel down

before you turn onto the gravel road that you were

referring to?

A. Well, that's actually the gravel road. They

must have paved it since I've been there.

Q. Okay. But this is the road, the gravel road

you're talking about --

A. Right.

Q. -- even though off the record you told me

this isn't the sign that you were specifically

referring to a moment ago, fair?

A. Correct.

Q. Exhibit Number 3, fair to say that you've

driven down this road at least once a week from your

first time that you went to Knob Creek in 2008 or

2009 until the day of your accident on March 7,

2015?

A. Yes.

Q. Okay. Do you recall seeing this sign that's

depicted in Exhibit Number 3?

A. Yes.

Q. Was that sign on that road from your first

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visit to Knob Creek until your last visit to Knob

Creek?

A. Yes.

Q. Have you ever stopped to read that sign?

A. Not stopped, no.

Q. You see it's got a big "attention" in red

letters, though?

A. Right.

Q. Can we agree that Exhibit 4 is simply a

closer-up view of what's in Exhibit 3?

A. Correct.

Q. If you haven't stopped to read this sign,

have you read this sign as you've been driving by?

A. Yes.

Q. Did you read it every time you drove by?

A. Probably not every time.

Q. But more than once --

A. Yes.

Q. -- not every -- more than once, likely not

every time, somewhere in the middle. Fair enough?

A. Correct.

Q. Okay. The sign was always visible to you,

easy to see, correct?

A. Yes.

Q. Did you ever have any questions about what

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this sign meant?

A. No.

Q. Did you ever stop to talk to anybody about

this sign?

A. No.

Q. Did you ever say to anyone, "Hey, I read your

sign, but I don't understand what it means"?

A. No.

Q. Did you understand what the sign in

Exhibits 3 and 4 meant?

A. Yes.

Q. Okay. What's your understanding of what the

sign in Exhibit 3 and Exhibit 4 meant?

A. My interpretation of it was that it was your

own fault if you got shot.

Q. And what part of exhibit -- and we're just

going to use the sign in Exhibit 4 because it's the

big version.

What part of the sign depicted in Exhibit 4

led you to the conclusion that it only covers the

circumstance if you get shot?

A. Nothing.

Q. And, in fact, from your background, someone

who is a precise speaker, it's fair to say that you

have a concept of what the phrase "will not be held

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responsible for any injuries you might incur upon

your visit" means, correct?

A. Yes.

Q. And there's nothing in the sign depicted in

Exhibit 4 that limits it to being shot, correct?

A. Correct.

Q. And there's nothing in the sign depicted in

Exhibit 4 that limits it to a gun-related injury,

correct?

A. Correct.

Q. In fact, as I think you'd agree with me, that

"any injuries" means any injury that you experience

while you're at Knob Creek, correct?

A. Correct.

Q. Did you ever talk to anybody about any aspect

of this sign depicted on Exhibit 4?

A. No.

Q. All right. So you drove past this sign, and

then my recollection is you drive further up the

road, and then do you turn off or continue straight

to actually get into the entrance to Knob Creek that

you were talking about?

A. Well, this is past the entrance point, this

sign. Once you pass this sign, you just keep going

straight until you get to the complex.

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Q. All right. So the sign depicted on Exhibit 4

is after the entrance point but before you actually

get to the Knob Creek gun range and gun shop. Fair

enough?

A. Correct.

Q. Do you recall any -- the content of any other

signs from the entrance until the point at which you

get to the complex?

A. Not specifically, no.

Q. Back on Exhibit Number 1 here, and I'm

looking, again, at interrogatory number 7, where did

you park -- well, let me ask you this first: My

under -- that's a bad question. For someone who's

asking questions about precise speaking, I

apologize.

On the day of this accident, March 7, 2015,

my understanding is that you went to Knob Creek with

your wife, correct?

A. Correct.

Q. Who drove?

A. I did.

Q. Where did you park your vehicle?

A. Well, it was behind the -- behind the gun

shop. After the gun shop, there's a covered area

where they hold, like, gun shows and stuff. It was

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in that -- in that vicinity.

Q. Was it actually under the covered area?

A. No.

Q. But did you drive past the gun shop -- and

this is one of those hard things, and maybe a

picture will help, but before I get there, did you

pull in, drive past the bleachers and the gun shop,

and park on kind of that back side on the far side

of the gun shop?

A. No. After the bleachers, I turned right,

went past the side of the building, turned left, and

then went down to the covered area.

Q. Okay. Did you observe the conditions on the

road and either side of the road on March 7, 2015,

when you pulled in?

A. Yes. It had been snowing. There was snow on

the ground. I don't recall the road being a

problem.

Q. When you were entering the complex and

driving down and taking the right and then the left,

do you recall whether -- well, there's a parking lot

that you -- there's a parking area that you could

park in behind the bleachers, correct?

A. Correct.

Q. Do you recall whether that area was plowed or

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in any way had less snow than the surrounding areas?

A. I don't recall.

Q. Was the path that you took plowed or shoveled

or free of snow?

A. Path from where to where?

Q. Your vehicle. I'm sorry.

When you drove in, no problems with the road.

When you got up to the complex and you took that

right-hand turn and then the left-hand turn, was

that plowed or shoveled, or were you just going

through however deep the snow was?

A. Well, there was not standing snow on the

ground. I don't recall if it had been plowed or

not.

Q. Okay. Do you have any knowledge of what

actions Knob Creek took on March 7, 2015, before

your arrival to deal with snow and ice that may have

been at the complex?

A. No.

Q. And when I'm saying "the complex," I'm using

it because it's your word. And I think we're

describing the same thing, but I'm thinking of the

firing line, the driveway that kind of separates the

firing line from the gun shop and the gun shop. Is

that how you conceptualize "the complex" when you're

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using that term?

A. Yes, well, and the covered area too.

Q. And the covered area. I'm with you.

Do you know the names of any employees who

were working at Knob Creek on March 7, 2015?

A. No.

Q. All right. After you parked -- and my frame

of reference is interrogatory number 7 on Exhibit

Number 1. It says here, "Plaintiff went into store

to sign in and buy a target and cardboard stand."

A. Correct.

Q. To your knowledge, is there only one

entrance -- one point of ingress and egress to the

actual store portion of the complex?

A. No. I'm pretty sure there's two.

Q. Which one did you enter through?

A. The one adjacent to the covered area.

Q. Can you tell me where you believe the other

point of ingress and egress to the store is?

A. On the opposite end of the building by the

bleachers.

Q. When you got out of your vehicle and walked,

did you take a straight path from getting out of

your vehicle and walking into the store?

A. I don't recall specifically.

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Q. Do you recall stopping at any point between

getting out of your vehicle and entering the store

on March 7, 2015?

A. I don't recall specifically, no.

Q. But your wife stayed in the car that whole

time, correct?

A. Correct.

Q. At any point in time before your accident on

March 7, 2015, did your wife ever get out of your

vehicle?

A. No.

Q. What sort of shoes were you wearing at the

time, on March 7, 2015?

A. Tennis shoes.

Q. Can you describe them for me?

A. Just white, running-type shoes.

Q. Do you remember anything else about what you

were wearing on March 7, 2015?

A. A pair of U of L sweatpants. I don't recall

what sort of shirt I was wearing.

Q. How long had you had the tennis shoes that

you were wearing on March 7, 2015?

A. Maybe a year.

Q. Had you worn the tennis shoes to Knob Creek

before the day of your accident?

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A. Yes.

Q. Do you still have the shoes in your

possession?

A. Yes.

Q. I want you to keep those shoes, if you

haven't already given them to your attorney. Okay?

A. All right.

Q. Have you ever had any problems walking around

the complex in those shoes, the white tennis shoes,

at any point in time before March 7, 2015?

A. No.

Q. In your opinion, given the fact that it had

snowed at some point in time, do you believe that

tennis shoes were the most appropriate attire to

wear to Knob Creek on March 7, 2015?

A. I didn't really think about it.

Q. From the time you got out of your vehicle

until you entered the store, do you recall having

any difficulty making that walk from your vehicle to

the store?

A. No.

Q. Do you remember anything about the conditions

of the path between your vehicle and the time that

you entered the store?

A. No. About half of that route was underneath

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the covered area, so it was clear.

Q. So it's fair to say that at least half of

your route was clear, and with respect to the other

approximately one half of your route, you do not

recall the specific conditions of the path that you

walked on, correct?

A. No.

Q. So I'm correct?

A. Correct. Right.

Q. When you got into the store, can you give me

some description of the location at which you signed

in to? And here's my -- let me tell I why I'm

asking the question.

A. Okay.

Q. And it might give you a frame of reference.

A. Sure.

Q. My understanding is that there are multiple

points within the store that you could sign in, if

you chose to.

A. Two.

Q. And that's fine. I wasn't there on this day.

A. Right.

Q. So my question is: Is there some frame of

reference that you can give me; for example, "It was

right when I walked in the door," or "I walk in and

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took a right and went to X counter." That's what

I'm trying to figure out.

A. Well, when I walked in, I went and got the

target and the target stand and went to the sign-in

area closest to the door.

Q. And if I recall correctly, it was a gentleman

who was -- well, let me ask you this: Did anybody

assist you while you were in the store?

A. No.

Q. Can you give me the names of any people who

were in the store before your accident on March 7,

2015?

A. No.

Q. To your knowledge, was there a reason that

you were required to sign in at the store on

March 7, 2015?

A. That's the policy for everybody who shoots.

Q. When you say that's the policy, is there some

sort of document that you have that outlines the

policies, or what is your basis for your

understanding that that is the policy?

A. Well, it's just what I've always done and

what I've always seen everybody who shoots there do,

so --

Q. And that's fair enough. I'm just trying to

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figure out if -- maybe I can break it down this way:

Have you ever received a document from Knob Creek

that says, "Here are the applicable policies and

procedures to people who come to our store or want

to go to the firing line"? Have you ever received

any documents along those lines?

A. I can't say if I have or not. I don't know

if I did when I got my first membership there.

Q. Okay. Do you recall seeing any signs posted

within the store or kind of that attached restaurant

area, or really at any point on the complex, that

say, "Here are the policies, the procedures, the

rules," any signs of that nature that you recall

seeing?

A. Nothing specifically, no.

Q. Okay. After you purchased the target and the

stand, if I'm reading the answer on interrogatory

number 7 on Exhibit 1 correctly, then you went back

out to your car; is that correct?

A. Correct.

Q. Did you essentially walk the path that you

had taken in reverse?

A. Yes.

Q. Did you have any difficulty walking from the

store back to your car?

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A. No.

Q. And I know we -- I presume that half of the

path or approximately half the path was clear,

correct?

A. Right.

Q. Do you know whether the conditions for the

other path -- other half of your path had changed

between the time that you entered the store and the

time that you exited the store?

A. No.

Q. And it's fair to say that with respect to the

uncovered portion of the path after you left the

store and headed back to your vehicle, you do not

know any of the conditions for that uncovered

portion?

A. No.

Q. So I'm correct?

A. Correct.

Q. Did you have any difficulty walking back from

the store to your vehicle on March 7, 2015?

A. No.

Q. All right. In your answer to interrogatory

number 7 on Exhibit 1, I'm looking at the line --

the two lines that start, "The firing line is

separated from the office." Do you see where I am?

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A. Yes.

Q. It's the fifth line down.

A. Yes.

Q. After you went back to your car to get your

rifle and your bag, tell me the path -- was your

next destination the firing line?

A. Correct.

Q. What is the path that you took from your

vehicle to the firing line?

A. Essentially, across the covered area, from

where my car was parked through the covered area,

then the -- across the driveway that separates the

gun shop from the firing line.

Q. And let's see if we can break this down in

some bigger topics here.

Did you ever have any difficulty crossing or

walking across the covered area that you're speaking

about on March 7, 2015?

A. No.

Q. Okay. And when you're saying you took a

straight line, do you remember where in the covered

area you exited the area and began to cross the

driveway? Is there some reference like "I knew I

was 20 feet from the wall of the store" or "it was

the third post" or "there was X there"? Any frame

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of reference?

A. Well, the last time I was there, used targets

they would stack up next to the building and then

they would have a stack by the first post, and so it

was between that. So the distance between where I

was to the side of the building may have been --

Q. I didn't mean to interrupt your answer.

A. Okay.

Q. The distance --

A. May have been like five feet or so.

Q. I'm going to have the court reporter mark

this before I throw it at you. I apologize.

MR. KROKOSKY: We'll mark this as Exhibit

Number 5.



Q. All right. Mr. Slawsky, I'm having the court

reporter hand you what's been marked as Exhibit

Number 5, and I can represent, but you can tell me

just as easily, Exhibit Number 5 does not depict the

conditions on the ground on March 7, 2015, fair?

A. Correct.

Q. All right. However, is it also fair that

Exhibit Number 5 generally depicts this area that

we're talking about: the covered area, the

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driveway, and the firing line?

A. Correct.

Q. And again, I'm just talking generally

speaking.

A. Yes.

Q. Okay.

A. That sign's new since I've been there.

Q. And that's perfect. So let's start there.

A. Okay.

Q. Do you see anything on Exhibit Number 5 that

is different than you remember it on March 7, 2015?

A. Well, that sign that says "Gun shop and snack

bar" was not there the last time I was there.

Q. Okay. Do you see anything else that looks

different to you between your last visit on March 7,

2015, and what's depicted in Exhibit Number 5?

A. No. Huh-uh.

Q. Now, if I understand correctly, were you

parked on the other side of the building and the

other side of the covered area?

A. Correct.

Q. Now, getting back to where I was -- and you

were telling me about where they stacked used

targets and so on and so forth?

A. Correct.

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Q. On March 7, 2015, do you recall where you

walked out of the covered area to get or to begin

your walk to the firing line?

A. It would have been between the gutter and the

green butt container.

Q. And if you don't mind, I think I know what

you're talking about, but I think I'm going to come

behind you if that's okay with you.

A. Sure.

Q. Just so we're looking at it the same way.

And when you're saying between the gutter and

the green butt container, are you talking about this

area here?

A. Correct.

Q. Okay.

A. There's a possibility it could have been this

next section, I'm not 100 percent sure, but it was

in between the gutter and this second post.

Q. And that's fair. From the time that you left

your vehicle the second time, having retrieved your

rifle and your bag, do you recall seeing anyone

outside in that covered area or on the driveway

before you started to cross the driveway?

A. I don't recall specifically, no.

Q. All right. And I believe you testified that

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regardless of exactly where you were going to leave

from under the covered area, you were going to take

more or less a straight path from the covered area

across to the firing line. Did I hear you

correctly?

A. Correct.

Q. Did you make any observations about the

conditions of the driveway before you started to

walk across it?

A. Yes.

Q. Tell me what observations you made.

A. The driveway was packed with snow. Well,

what it was was there were -- the tire tracks where

tires would have gone was clear, and there was a

mound of packed-down snow or ice in the middle and

then snow on either side of the tire tracks.

Q. Did you make any other observations, other

than the tire tracks, the mounds, and the snow? In

other words, did you make any observations about

whether there was ice on the driveway?

A. I didn't look at it closely enough to see if

it was ice or snow, and there was also a piece of

cardboard, which was actually a deconstructed target

stand, laid across that middle section as a path.

MR. KROKOSKY: We can go off the record for a

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second.

(Recess from 10:38 a.m. to 10:44 a.m.)

Q. All right. Mr. Slawsky, we will go back on

the record here, and I have brought in a piece of

cardboard here. Is this -- and we'll mark it in a

second -- actually, I'll mark it now.

I'm going to mark this piece of cardboard as

Exhibit Number 6. Is this the general

representation of the piece of cardboard that you

were referring to that was laid across the driveway?


identification and is retained by Mr. Krokosky.)

A. Yes. The target stand would normally have

included one additional longer section, so you would

fold it into a triangle. I don't recall if the

piece of cardboard was that size or essentially

two-thirds longer than that.

Q. And the difference that you're describing

would have been length only, not width, correct?

A. Correct.

Q. All right. Do you remember -- and again,

these questions are in the frame of March 7, 2015,

so if I don't say that every time, if it's unclear,

let me know, but that's generally what I'm talking

about. Obviously, that's why we're here.

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Do you remember anything about the specific

piece of cardboard that was laid across the driveway

that you -- between the covered area and the firing

line on March 7, 2015?

A. No, other than being aware that it was a

deconstructed target stand.

Q. And do you know whether it had been used,

new?

A. It did not have bullet holes in it, so it was

new, apparently.

Q. And that's fair. That's what I'm trying to

figure out. But, generally speaking, you're

familiar that the piece of cardboard that was there

was a deconstructed target stand, correct?

A. Correct.

Q. Do you have any knowledge of who put that

piece of cardboard there on March 7, 2015?

A. No.

Q. Do you have any knowledge how long that piece

of cardboard had been there on March 7, 2015?

A. No.

Q. Do you have any knowledge of anyone other

than you having any problem crossing this piece of

cardboard on March 7, 2015?

A. No.

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Q. Do you have any knowledge of anybody having

any sort of slip-and-fall or trip-and-fall-type

accident on March 7, 2015, at Knob Creek?

A. No.

Q. Do you have any knowledge of anyone having

any type of accident at Knob Creek on March 7, 2015,

other than you?

A. No.

Q. Was your plan to walk across the cardboard

from the covered area over to the firing line?

A. Correct.

Q. Did the piece of cardboard, on March 7, 2015,

did it actually span the entire distance between the

covered area depicted on Exhibit Number 5 and the

firing line, also depicted on Exhibit Number 5?

A. No.

Q. Can you give me any idea -- and again, you

can use Exhibit Number 5 as a reference, or if you

feel more comfortable just describing it to me, any

idea of where the cardboard was positioned on

March 7, 2015?

A. It was in the middle of this driveway. The

main area that it covered was the hump. Where cars

drove down the pathway where the wheels hit the

ground was clear, but the hump that would be between

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the wheels, it covered that section.

Q. I gotcha.

A. Okay.

Q. So if I understood correctly, it would be

tread mark, hump, tread mark?

A. Correct.

Q. And the cardboard covered at least the hump

between those two tire marks; is that fair?

A. Correct.

Q. Do you know if it expanded or went beyond

those tread marks in either direction? And that's a

poor question.

A. Yeah.

Q. So I understand it went across the hump. Did

it also go across the tread marks or the tire marks?

A. I don't recall.

Q. Okay.

A. Oh, across the tread marks?

Q. Correct.

A. Yes.

Q. But beyond where the widest point was from

tread mark to tread mark, you don't recall if it

went beyond there, correct?

A. I don't recall.

Q. Do you remember what the conditions were on

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59

either side of the piece of cardboard on March 7,

2015?

A. Packed snow.

Q. And when you say "packed snow," I have a

general idea of what you're talking about. Can you

give me any idea how deep the packed snow was?

A. I don't recall specifically. I don't think

it would have been more than an inch or two.

Q. Did you ever see anyone walk across the piece

of cardboard on March 7, 2015?

A. No.

Q. Was there anything that stopped you from

walking on either side of the piece of cardboard on

March 7, 2015?

A. No.

Q. Had you started working on the -- strike

that.

From the time you left the covered area but

before you got on the cardboard, what was the

surface that you walked on? Packed snow?


Q. Could it have been packed snow?

A. Yes.

Q. Could it have been a mixture of snow and ice?

A. Could have. I don't know specifically.

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Q. Did you have any difficulty between leaving

the covered area and when you took your first step

onto the cardboard?

A. No.

Q. How many -- walk me through it. So you come

out of the covered area, you cross some surface, you

ultimately are attempting to get on the cardboard?

A. Correct.

Q. Did you fall with your first step? Had you

walked a little ways? Just walk me through what

happens.

A. I don't recall specifically. I took a step,

and I remember just everything spinning, and I hit

the ground. As soon as I hit the ground, I just had

the gut feeling that something bad had happened.

Q. I gotcha.

A. And I could pull up my pants leg and I could

flex my foot, and I could see the bone poking

against the skin.



Q. All right. Mr. Slawsky, I'm going to hand

you what's been marked as Exhibit Number 7 and ask,

have you ever seen that document before?

A. No.

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61

Q. I want you to turn --

A. Well, wait a minute. Hold on a second.

Q. Sure.

A. Actually, yeah, I have seen this.

Q. Do you recall when you saw this document for

the first time?

A. Probably at the beginning of March.

Q. And here's an important proviso I want to

tell you. Okay? I don't want to hear about any

conversations you had with your attorney or any

members of his staff. I'm going to try to stay away

from asking questions that would be interpreted as

soliciting that information.

If your attorney thinks I go too far and cross

a line, he will certainly let you and me know and

tell you not to answer the question. I'm going to

try to stay away from it, but I don't want to know

that information. Okay?

A. Okay.

Q. So your recollection is that you saw what's

been marked as Exhibit Number 7 sometime in March of

what year?

A. 2016.

Q. And to the best of your knowledge, that was

the first time you saw Exhibit Number 7?

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62

A. Yes.

Q. I want you to look at page number 2 of

Exhibit Number 7. I want you to read paragraph 5 to

yourself and let me know when you've done that.

A. Okay.

Q. All right. The fourth line down of paragraph

number 5 on Exhibit Number 7, it says, "Slipped on a

cardboard box that was covering an icy patch." Do

you see where I read that?

A. Yes.

Q. And I read that correctly?

A. Yes.

Q. Did you actually slip on the cardboard

itself?

A. On the cardboard?

Q. Correct.

A. I can't say that for sure.

Q. Okay. Then do you have Exhibit Number 1 in

your possession?

A. Which one is that?

Q. This one right here.

A. Okay.

Q. I want to go back and look a little further

at interrogatory number 7 and your answer to it on

Exhibit Number 1, and I'll give you a second to

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63

catch up, but I'm looking at the line one, two,

three, four, five, six -- the seventh line down,

sort of towards the right-hand side, "Plaintiff

stepped on the cardboard to walk over to the firing

line and it slipped, causing plaintiff to slip and

fall to the ground."

Do you see where I read that?

A. Yes.

Q. And I read that correctly?

A. Yes.

Q. Can you tell me whether the cardboard itself

actually slipped on March 7, 2015?

A. So if the question is did the cardboard slip

or did the cardboard remain stationary and I

slipped?

Q. Correct.

A. I can't say that for sure.

Q. Do you remember how many steps you had taken

on the cardboard before your accident?

A. No.

Q. Is there any way that you can give me any

sort of "I know it was more than one or more than

two"? And if you can't, that's okay. I'm just

trying to get some sense of what you do recall

leading up to the point that you fell.

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64

A. I can't say specifically how many steps,

if -- I can't say if it was one or three or five,

so --

Q. Do you remember if you fell after taking a

step with your left foot or your right foot?

A. I don't remember that.

Q. Okay. Do you know if anyone saw you fall on

March 7, 2015?

A. If anybody saw me? No. People came over to

assist me right afterwards, so I don't know if they

saw me fall or saw me laying on the ground.

Q. Have you ever talked to anyone who has told

you, "Hey, Mr. Slawsky, I saw you fall that day"?

A. No.

Q. So to your knowledge, you do not know anyone

who claims to have seen you fall on March 7, 2015,

correct?

A. Correct.

Q. With respect to this lawsuit that you filed

against Knob Creek, what do you claim that Knob

Creek did wrong or incorrectly on March 7, 2015?

A. Well, at the very least, they should have

made a more -- a better effort to clear the snow in

that area. In retrospect, the cardboard box laid

over top of it or in that path was probably not a

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good idea.

Q. Before you -- let me ask you this, and maybe

we can lay some foundation this way: Did you fall

when you took your first step onto the cardboard?

A. I don't recall.

Q. All right. So then we'll use a frame of

reference of before you started across the

cardboard, all right, and I'll work that into my

questions, but I'm trying to gain some framework.

A. Sure.

Q. Before you started to walk across the

cardboard on March 7, 2015, did you have any

concerns about your ability to safely walk across

the cardboard?

A. No.

Q. Did you have any concerns about whether the

cardboard provided you a safe path to walk -- a safe

path to walk across? And again, I'm talking before

you started across it.

A. I think I was cautious about my steps. I

don't know if I specifically had concerns.

Q. And this is --

A. So that's probably a yes and no kind of

answer, but I was cautious about my steps.

Q. What led you to be cautious about your steps?

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66

A. Just in that there was snow and ice on the

ground.

Q. But nothing specific to the cardboard; is

that fair?

A. I don't really recall if I thought this was a

good idea or if it was a bad idea.

Q. So as you sit here today, thinking back to

before you started across the cardboard, you don't

recall having a specific thought, "This is a good

idea to try to walk across this; this is a bad idea

to walk across this," nothing to that effect?

A. I don't really recall, no.

Q. You don't know who placed the cardboard

there, correct?

A. No.

Q. So I'm correct?

A. Yes, you are correct.

Q. Was there anything on top of the cardboard

that prevented you from seeing any aspect of the top

surface of this cardboard on March 7, 2015?

A. No.

Q. Did you see any snow on top of the cardboard?

A. No.

Q. Did you see any ice on top of the cardboard?

A. No.

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67

Q. Did you see any salt on top of the cardboard?

A. No.

Q. So is it fair to say that your best

recollection of the condition of the top surface of

the cardboard was that it was really just cardboard

with nothing on it and it appeared dry?

A. Yes.

Q. If you thought that the cardboard presented

an unsafe walking path, you would not have walked on

it, correct?

A. Yes.

Q. So the fact that you walked on it means that

as far as you were concerned back at the time, the

cardboard presented a safe path to walk across,

correct?

MR. COWLEY: Objection to form. You can

answer. You can answer.

A. I don't know if I thought about it in those

terms.

Q. And I know we've covered you don't recall how

many steps you took.

A. Right.

Q. So tell me, what do you recall about the act

of falling? That's a strange question.

A. Okay.

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Q. So what I'm driving at is: Do you remember

if you fell to the left, to the right, forward,

backwards? Whatever you recall about the physical

act of falling to the ground.

A. Well, I fell on my left side.

Q. Okay.

A. That's it. It just -- everything spun and I

hit the ground on my left side.

Q. What is the -- what happens next in the

sequence of events? So you fell to the ground. Do

you -- let me ask you this first: Do you recall,

was it step, fall, or was it is step, wobble, fall,

or was it step, spin around, fall? I mean, I'm

trying to get some sense of what happened.

A. It was -- I think it was -- well, it must

have been step, spin, fall, but I don't recall that.

I'm just sort of inferring that.

Q. I gotcha. So as far as step, spin, fall,

that's a deduction that you're making --

A. Right.

Q. -- but you don't recall that one way or the

other --

A. Correct.

Q. -- for certain?

A. Correct.

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Q. Then after you fall, what's the next thing

that you remember happening?

A. The first thing I thought was "Something bad

has happened and I think I broke my leg."

The next thing, I had sweatpants on, and I

pulled up the leg of the pants, and I said this

before, I flexed my foot and I could see the bone

poking the side of the skin.

Q. When you say you thought something bad was

happening or something bad had happened, are you

talking about the fall and what you believed to be

the break?

A. That I was -- yes. I felt -- I knew that I

was injured.

Q. Then what happens?

A. A couple people ran over to me and said, "Oh,

let me help you up."

And my reaction, I don't know what specific

words I used, but, "No, I'm fine. Just leave me

here."

And then within the next few minutes, that one

of the range officers came over, and it may have

been one or two people, hoisted me up and drug me

over to the bench.

Q. And again, I'm looking back at Exhibit

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Number 1, your answer to Interrogatory number 7,

which you have in front of you.

A. Yeah.

Q. Here's my question: These references to

"someone," is it safe to say that the reason you use

"someone" is because you don't know the exact name

or identity of who that person was or people were?

A. Well, I don't know the specific players and

when they appeared. There was one individual who I

know by sight from the gun range who was there at

some point, and I'm pretty sure he was one of the

people who got me to the bench, but I'm not 100

percent certain on that. I remember speaking with

him at that point. I'm pretty sure I was in shock

at that point.

Q. Do you know whether you hit your head?

A. I did not.

Q. Okay. After this person or these people came

to you, they -- my recollection is at least one

person helped you over to a nearby bench; is that

fair?

A. Correct.

Q. Was that bench back towards the gun shop or

towards the firing line?

A. It was -- it's under the covered area,

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against the outside wall of the gun shop, between

the entry door and the driveway.

Q. I'm looking at Exhibit Number 5 here. Can

you either point or tell me where it would be in

reference to what's depicted on Exhibit Number 5? I

recognize it may not actually be there, but I'm just

trying to get some sense.

A. You don't have a picture that looks this way,

do you?

Q. I don't. But would it be in under the

covered area by the door?

A. Correct.

Q. Okay.

A. Around the corner from this gutter, so within

maybe two or three feet of the --

Q. I'm familiar with the area that you're

talking about. I don't have a photograph of it for

you, I apologize, but under the covered area?

A. Yes.

Q. What path did you and this individual take to

get you from where you had fallen back towards

this -- or back to this bench?

A. I don't recall specifically. It was only a

few steps, so --

Q. Other than the injury to your left leg, did

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you have any other difficulties going from where you

had fallen back to the bench?

A. Well, I couldn't put any pressure at all on

my leg, so I don't really -- I'm assuming they

didn't carry me because it wasn't The Hulk, so I

must have hobbled on my right leg, so --

Q. Is this one of those situations where you

probably threw your left arm around somebody's

shoulder, kept your left leg up in the air, and kind

of hobbled with your right leg --

A. Correct.

Q. -- from where you fell back to the bench?

A. Yes.

Q. Do you recall having any difficulties

traversing your path while hobbling on your right

leg, other than the fact that you were more or less

hopping?

A. I don't recall that, no.

Q. Do you know who called 911?

A. No, I don't.

Q. Do you know how long it took for an ambulance

to get to Knob Creek after you fell?

A. At least a half an hour.

Q. During that half-an-hour period, you were on

the bench?

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A. Correct.

Q. And somebody offered you some water?

A. Correct.

Q. Do you recall any other activities that took

place between when you first sat on the bench and

when you left by ambulance?

A. Somebody else came out and took down my name

and address.

Q. Was that a male as well?

A. Yes.

Q. So we've got water, name and address. Do you

recall anything else that transpired while you were

on the bench?

A. No.

Q. Any criticisms of --

A. Oh, well there is one thing. My wife was

still in the car. The person who I said I

recognize -- I would recognize by sight, I said, "My

wife's in that car over there. Can you go get her?"

Q. And I presume that person went to get her?

A. Yes.

Q. And your wife came to you while you were

sitting on the bench?

A. Yes.

Q. With respect to the period of time after you

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fell and you were -- from the time you were on the

ground after you had fallen until EMS came, do you

have any criticisms or complaints about any action

that someone from Knob Creek took with respect to

you?

A. No.

Q. So I want to go back to this issue of

criticisms that you have regarding Knob Creek. One

is a better effort to clear the area, correct?

A. Correct.

Q. What was the other one?

A. Well, in retrospect, I said I didn't know if

putting the cardboard there was a good idea.

Q. All right. So I've got the issue of clearing

the cardboard. Are there any other criticisms that

you have of Knob Creek?

A. No. Not at the moment, no.

Q. Let's start with the issue of placing the

cardboard. You say -- if I heard you correctly, you

said, "In retrospect, I don't know if that was the

best idea."

A. Correct.

Q. Did I hear you correct?

A. Yes.

Q. On the day of the accident, March 7, 2015,

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did you have any concerns or criticisms about the

placement of the cardboard before you fell?

A. I don't recall if I -- how much I thought

about it.

Q. So when does the period of retrospect begin

about that being a potential criticism or concern

that you had?

A. Probably after I came out of surgery.

Q. And what is your specific concern or

criticism about placement of the cardboard after you

came out of surgery?

A. If it was a secure enough pathway.

Q. And you'd never came to a conclusion either

way on that question, correct?

A. Well, I don't know if I did or not.

Q. Well, I'll try it this way.

A. Okay.

Q. Have you come to a conclusion about your

rhetorical question about whether it was a safe -- a

secure enough pathway or not?

A. Well, I would have to -- I mean, in

retrospect, yes, I have concluded I think that it

was probably not a secure enough pathway.

Q. But you have no knowledge one way or the

other whether the cardboard actually moved at the

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time that you fell on March 7, 2015, correct?

A. No. Correct. They don't have a videotape of

this?

Q. I don't know the honest answer to your

question.

Let's talk about the effort -- the better

effort to clear. Okay? What specifically is your

concern or criticism in regard to clearing?

A. Well, having spent my early years in New

Jersey, it was fairly apparent that they did not

plow the area. It was just that the numerous cars

going over it had cleared the tire tracks and packed

down the snow.

Q. But with respect --

A. So it didn't appear to be plowed and salted,

no.

Q. And I didn't mean to interrupt you. I

apologize.

A. Sure.

Q. That criticism would have related to what was

on either side of the cardboard, correct?

A. Correct. Well, what was in the -- okay.

Sure. I'm not sure if I quite understood what

you're asking.

Q. And that's fair. I would rather have the

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clarification now while we're here talking to each

other so we're on the same page.

A. Sure.

Q. Do you believe, in your opinion, that this

lack of clearing the area somehow caused or

contributed to your fall?

A. Yes.

Q. Okay. Tell me how or maybe why. I don't

know if it's how or why, that's my point. It's in

deference to you.

A. Because it would have been safer had it been

scraped and salted, with no need for a cardboard

pathway.

Q. Do you have any knowledge whether Knob Creek

had scraped or salted on March 7, 2015?

A. It didn't appear so. I don't have any direct

knowledge of that.

Q. All right. I'm back on Exhibit Number 1.

I'm moving questions here. On either end of the

cardboard, could you see that there was snow

before -- in that area between the covered area and

when you started on the cardboard?


Q. So there could have been snow in the area

between when you left the covered area and before

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you started on the cardboard; is that fair?

A. Yes.

Q. If that was there, is that something you

could have seen?

A. Yes.

Q. All right. Given your knowledge of the site,

it's fair to say that you could infer that the

cardboard was placed over snow and whatever else

was -- that's a poor question.

Given your knowledge of the site on March 7,

2015, is it fair to say that you understood that the

cardboard was placed over some substance, whether it

was snow or ice or something else?

MR. COWLEY: Objection. You can answer.

A. I don't know if I can infer that or not. I

couldn't see over the cardboard, so I didn't know if

a pathway had been cleared underneath it or not.

Q. So is one possibility that you're leaving

open that Knob Creek simply put a piece of cardboard

over a cleared and salted area of blacktop?

A. That is a possibility, yes.

Q. Had you ever been at Knob Creek when you

recall ever seeing that possibility actually exist?

A. Not that I can recall.

Q. Do you have any idea what was under the

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cardboard on March 7, 2015?

A. No.

Q. All right. I'm sticking with Exhibit

Number 1. I'm on to interrogatory number 13 now.

And by all means, take a moment to read the question

and the answer there that spans page 5 and page 6.

A. Okay. I'm good.

Q. All right. This question, I think we can

both agree, generally relates to the injuries that

you claim that you sustained in this accident on

March 7, 2015, fair?

A. Yes.

Q. All right. I understand the fracture in the

left leg, but what I'm curious about is it starts

"Plaintiff's injuries include," and then it goes on

to list specifics.

Are there any injuries that you believe are

related to this accident on March 7, 2015, other

than what's listed in the response to Interrogatory

number 7 on Exhibit 1 and further clarified in -- I

apologize. Let me start over.

Are you claiming any injuries other than what

has been described in response to interrogatory

number 13 on Exhibit 1 and interrogatory number 13

on Exhibit 2?

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A. No. It's aggravated some other issues, but

not specifically -- as far as the injuries that

occurred at Knob Creek on March 7th, the broken leg

was the gist of it.

Q. And that's what I'm saying.

A. Okay.

Q. I'm picking up and keying in on your use of

the words "the gist of it."

A. Okay.

Q. So other than the broken leg, are there any

other new injuries that you claim as a result of the

accident on March 7, 2015?

A. No.

Q. And I believe you said aggravate -- you

believe it aggravated some things; is that fair?

A. Correct.

Q. What conditions, if you will, do you believe

that the accident on March 7, 2015, aggravated?

A. Some lower back pain.

Q. And other than the lower back pain, were

there any other issues that you claim that the

accident on March 7, 2015, aggravated?

A. No.

Q. All right. Now I'm back on -- and what

you'll see is Exhibit Number 1 was some original

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answers, and Exhibit Number 2, in some instances,

provided some supplemental information.

A. Okay.

Q. So we kind of have to look at both of them,

if you will, but the next one I want to talk about

is what's seen here as exhibit -- I'm sorry,

interrogatory number 16.

A. On Exhibit 1 or the other one?

Q. I believe it's identical between Exhibit 1

and Exhibit 2, but you're more than welcome to look,

if you will.

A. Okay.

Q. I just want to make certain I've got your

primary care providers. The list here that's given,

and we can use Exhibit 1, are these all of the

primary care providers that you've had in the last

20 years?

A. Pretty much. I've seen other doctors maybe

on a one or -- you know, one-time basis, but --

Q. And we can get through it this way: Do you

remember the names -- I'm not limiting it. You've

given me the names of other doctors here along the

way.

A. Well, my surgeon's name is not on there.

Q. And that's a different question, so I'm going

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to get to you on that one.

Healthcare providers who you saw before this

accident on March 7, 2015.

A. Okay.

Q. Okay. We have your list of primary care

providers, fair?

A. Right. Correct.

Q. Did you ever go to an urgent care or an

immediate care type of center, that you recall?

A. I don't think I've ever been to one, no.

Q. Did you ever have any surgeries before

March 7, 2015?

A. Yes.

Q. Do you remember where you had those

surgeries?

A. Baptist East.

Q. Baptist East here in Louisville?

A. Right.

Q. Did you ever have any surgeries while you

were in Louisiana?

A. No.

Q. What was the surgery that you had at Baptist

East?

A. Hip replacement.

Q. Is that the right hip?

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A. Yes. I had to think about that.

Q. No problem. So it was only one surgery

before this accident on March 7, 2015?

A. Yes. The hip replacement was the only

surgery I had ever had.

Q. Other than Baptist East, were there other

places you were hospitalized before March 7 of 2015?

A. No. That was the first time I had ever spent

the night in the hospital.

Q. And I'm going to ask you kind of in general

here. I've gone through some specifics.

Do you recall any other physicians or

locations that you received healthcare treatment

before March 7, 2015?

A. Locations?

Q. Sure.

A. I lived in Louisiana for 20 years, so there

were -- I hurt my back at one point in the '80s and

I saw a doctor there, saw a chiropractor.

Q. Do you remember the name of the doctor?

A. No, not at all.

Q. What about the name of the chiropractor?

A. No.

Q. Do you remember the names of any other

doctors that you saw before this accident on

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March 7, 2015?

A. No. I'm not really a doctor kind of person,

so --

Q. I understand. If we look at -- if we turn

the page to interrogatory --

A. I mean, there are -- there have been other

doctors. Do I, you know, recall any of them? No.

Q. And that's a fair clarification. "Yes, there

are other doctors. Do I recall their specific names

or the names of their practice groups? No." Fair?

A. Correct.

Q. All right. Now I'm on to interrogatory

number 17 on Exhibit Number 1, which also is on

Exhibit Number 2, slightly different information.

Tell me about this injury to your back.

A. Okay. I was managing a Shoney's in

Chalmette, Louisiana. This had to be in '86 or '87.

I was going out the back door. They had a ramp,

sort of a -- just a small angled ramp, maybe two or

three feet long, from the threshold to the pavement,

and I was going down that, and there was some grease

or something on it, and I slipped, just twisted a

certain way and just -- my back seized up and --

Q. And that was where you treated with a doctor,

maybe a chiropractor, in Louisiana?

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A. Yes.

Q. Okay.

A. Primarily a chiropractor.

Q. Between that accident at the Shoney's and

March 7 of 2015, do you recall injuring any part of

your back in that window of time?

A. Between Shoney's and the accident?

Q. Correct.

A. I saw a back doctor after I had my hip

replacement. I'm assuming that as my hip problems

got worse I was limping, and I developed sciatica in

my left leg, and it just got worse and worse, and

the -- to the degree that after my hip surgery, that

the sciatica pain was worse than the surgical pain,

and I saw a doctor referred to me by Richard Sweet

who recommended a series of epidurals which, you

know, alleviated the pain.

Q. I gotcha. And I'm going to get into that in

a little while here.

My question is: Between the accident at the

Shoney's in the '80s and the accident at Knob Creek

on March 7, 2015, do you recall having any other

accidents that you believe resulted in back pain?

A. In back pain? No.

Q. All right. We're going to continue on with

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interrogatory number 18 on Exhibit Number 1. It's

only on Exhibit Number 1.

Is this the complete list of doctors and

healthcare providers that you've seen for the

injuries that following -- I'm sorry, for the

injuries that you claim occurred during your fall on

March 7, 2015?

A. Yeah, I think so.

Q. And if I understand your medical records

correctly, you get taken from Knob Creek to Baptist

Hospital East?

A. Correct.

Q. I presume you're seen in the ER there?

A. Well, was I seen in the ER? No. They

wheeled me in, and I laid on the stretcher in a

hallway for about four hours.

Q. And I appreciate the distinction that you're

drawing.

A. Okay.

Q. So you were in the vicinity of the ER, but

whether somebody actually saw you in the ER is a

separate question?

A. I did not actually see a doctor until the

following day.

Q. All right. And then after you that you saw

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orthopedic specialist Dr. Grossfeld and a couple

others, it looked like?

A. Yes.

Q. Did some rehab at ProRehab and then had some

chiropractic treatment at Family Care Chiropractic?

A. Right.

Q. Any other healthcare providers that we're

missing from this list in response to interrogatory

number 18?

A. Well, I went to -- Dr. Grossfeld referred me

to a back doctor. The reason I went to the

chiropractor is I had another one of these back

attacks. I was limping, and between limping and

using the cane, you're sort of at an angle a little

bit, so I had -- so she referred me to --

Q. I've got an option here.

A. Okay.

Q. Is it maybe Thomas Altstadt?


Q. U-L-T-S-T-A-D-T (sic)?


Q. University of Louisville, neurosurgery,

Frazier --

A. Yeah.

Q. Does that sound about right?

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A. Yeah.

Q. All right. I'm just making sure I've got a

complete list.

Outside of the providers listed in

interrogatory number 18, and possibly Dr. Altstadt,

who we just spoke about, have you seen any other

healthcare providers since March 7 of 2015?

A. No, I don't think so.

Q. Moving to interrogatory number 21 in Exhibit

Number 1, this talks about a fall at a Sam's Club?

A. Yes.

Q. Can you just briefly tell me what happened

there?

A. Just in the Sam's Club on Preston Highway.

Q. And I apologize, there's a little bit more

information in Exhibit 2, but I'm just trying to get

a sense of what we're talking about.

A. Coming around the corner at the Sam's Club,

there was water on the floor, I didn't see it, slid

like ice, went down, and twisted my knee. That was

it.

Q. Did you make a claim related to that

accident?

A. Yes.

Q. Did you have an attorney for that claim?

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A. Yes.

Q. Same attorney you have now?

A. No.

Q. It looks like you settled that claim?

A. Yes.

Q. Receive monetary compensation?

A. A small amount, yes.

Q. Looks like the injury there related to your

right knee?

A. Correct.

Q. Is that the only injury that you recall?

A. Yes.

Q. Did you receive any medical treatment

following that accident at the Sam's Club?

A. Well, I had an MRI, and then I followed up

with a physician, and that was it, so --

Q. Would that have been --

A. Oh, I did have some, actually, rehab too.

Q. Okay. Would that have occurred here in town?

I think you said on Preston Highway?

A. Yes.

Q. Do you remember who did the rehab for you?

A. I don't remember specifically. I mean, if --

I know where they're -- kind of where they're

located, but I don't remember what the name of it

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is.

Q. Can you give me a general idea of where you

recall them being located?

A. Off of -- do you know where Old Henry Road

is?

Q. Yes.

A. Off of Old Henry Road. They were convenient

because I worked down the street at the time.

Q. I gotcha. Looking towards interrogatory

number 24 here, it talks about collateral sources.

It's a fancy legal word.

My question is this: Do you ever recall

having health insurance through anyone other than

Anthem Blue Cross Blue Shield?

A. Yes.

Q. Who else have you had health insurance

through?

A. Well, I'm pretty sure United Healthcare.

These companies change -- if it's through your

employer, they tend to change on a yearly basis.

Q. Right.

A. So I know at U of L they once worked with

United Healthcare. Beyond that, I don't remember

specifics.

Q. Safe to say that you had Anthem Blue Cross

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Blue Shield at the time of accident on March 7,

2015, and you've had Anthem through today?

A. Yes.

Q. And have you had Anthem before this accident

happened on March 7, 2015?

A. Yeah. Yeah.

Q. And it's possible, but you don't know for

certain, that you may have had United Healthcare at

a different point in time?

A. Yeah. I just pay the premiums. They send me

a card and I don't look at it too much beyond that.

Q. Fair enough. You do not know what caused you

to fall on March 7, 2015, correct?

A. No.

Q. I'm correct?

A. Yes.

Q. Are you doing okay? I think I'm going to

switch topics here and kind of get into the last

stretch, as far as I'm concerned.

A. Okay.

Q. You're doing fine. I just want to make

sure -- if you need a break, I'm happy to get you

another water, or whatever else you need.

A. No, I'm good.

Q. So part of a personal injury lawsuit, I'm

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sure you know, is we have the opportunity to go out

and gather some of your medical records.

A. Uh-huh.

Q. We then look at the records. I've got some

follow-up questions. I didn't see anything that I

thought was particularly troublesome from an

embarrassing standpoint or anything along those

lines, but I give you that kind of lead-in solely to

let you know that the questions I'm going to ask are

just for the purposes of information to be used in

this lawsuit. I take no personal pleasure in

figuring out your health conditions. Okay?

A. Okay.

Q. Fair enough?

A. Sure.

Q. All right. The first record that I have is

from May 19 of 2010 by a doctor named Richard Sweet.

A. Yes.

Q. It looks like one of the issues that was

described in the record was that you were having

some degenerative disk and joint disease in the

lumbar spine, most of your L5 and S1. Does that

sound about right?

A. Well, what it was was I had this continuing

pain that was difficult to pinpoint, and I just

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wanted to see if I could figure out what the problem

was.

Q. Was that pain that you were having before May

of 2010?

A. I think so, yeah. I mean, it wasn't like an

instantaneous thing, no. It was a gradual --

Q. And I understand that. I understand that.

What I'm trying to get is a time frame in my head of

when this low-back pain started to bother you. Do

you have a year, maybe?

A. Oh, maybe 2008, 2009.

Q. And ultimately, you got to a point where you

wanted to pinpoint kind of what was going on, which

is what took you to Dr. Sweet around May of 2010?

A. Correct.

Q. And it looks like you had a couple of

appointments with him, looks like through May and

June and July of 2010.

Did Dr. Sweet ever tell you, "Mr. Slawsky,

here's what's happening with your low back"? Do you

recall any sort of information along those lines?

A. Actually, what he did, and I'll demonstrate

with this piece of paper, he took X-rays, he looked

at it, he said, "Oh, you need a hip replacement,"

and that was it.

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Q. Okay.

A. And I said, "Well, I didn't" -- I said, "It

didn't seem like my hip."

And his response was something along the lines

of those pains sometimes are difficult to isolate

where it's coming from. But no, it was within like

five seconds he diagnosed the hip replacement, and

within 20 minutes he had an appointment for surgery

set up. So it was that quick.

Q. So if I understand correctly, he told you

it's sometimes difficult to pinpoint it, but he

pinpointed it within a matter of minutes?

A. Well, I mean it's difficult for me,

experiencing the pain, to pinpoint where it's coming

from. Him, looking on an X-ray, can say, "Oh, this

is" -- and he showed me on the X-ray what the issue

was.

Q. I gotcha. The next provider that I have is a

Dr. Thomas Lehmann at the Louisville Orthopaedic

Clinic.

A. I think that's the guy that I told you about,

the sciatica, who I went to to --

Q. And that's what it's talking about,

"Patient" -- generally, this is not verbatim, but it

looks like you were complaining about left butt and

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posterior leg pain, knee, and posterior leg

occasionally?

A. Well, sciatica nerve pain, was specifically

what the problem was.

Q. Right. And it goes on from there.

Looks like you treated with Dr. Lehmann on a

couple of occasions and you had an MRI done about

that time?

A. Yeah, I think I did.

Q. And I'll tell you the record I have for the

MRI is from July 28 of 2010, again, talking about L5

and S1, L4 and L5, L3 and L4.

A. Now that you say that, I did have a sonogram

at Open MRI, which is where the MRI was, after the

broken leg issue.

Q. Yep. I've got that too.

Looks like in August and September of 2010 --

in August of 2010 you had one epidural, in September

of 2010 you had a second epidural. Does that time

frame sound about right?

A. Yes.

Q. Have you ever looked at any of your medical

records?

A. I try not to, no. I look at the X-rays, you

know, because a lot of times they give them to you

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or -- and I got a copy of my X-rays from

Dr. Grossfeld, but other than that, I don't, you

know --

Q. All right. Well, the first record that I

have related to this accident on March 7, 2015, is

the ambulance record, Bullitt County EMS. Okay?

A. Yes.

Q. One of the things it says in this record, it

relates to billing, and it said your attorney would

be in contact regarding billing. Do you recall

having that discussion with either of the EMTs?

A. No. I mean, I paid -- they sent me a bill

and I paid it. I think they actually filed it

through my insurance, but there was -- I know I paid

at least $500.

Q. Do you recall telling the EMT or EMTs that

your attorney would be in contact to handle billing

due to a fall at a place of business?

A. No.

Q. Do you have any reason to believe that the

EMT would have made that statement up?

A. No. I don't -- I just can't imagine a

context of -- I mean, in that situation I was in

shock, I'm assuming, so I don't know why that would

even -- you know, I don't know why I would be

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discussing billing with an EMT.

MR. COWLEY: Can I see the record that you're

referencing that says that?

MR. KROKOSKY: Sure. Yeah.

MR. COWLEY: Thank you.

MR. KROKOSKY: We can go ahead and mark it as

an exhibit too, that's fine. I'll staple it here

after we're done.




Q. All right. Mr. Slawsky, I've handed you

what's been marked as Exhibit Number 8, which has a

Bates range of Slaw versus Knob -- no offense,

that's how we do it internally -- 101 through 108,

which I understand to be the EMS records following

your accident on March 7, 2015.

The basis of my previous questions comes from

the summary events on the top of the first page

marked 101, and that last line that's sort of set

apart reads, "Patient did not have insurance

information available and stated that his attorney

would be in contact to handle billing due to fall at

a place of business."

Do you see where I'm reading?

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A. Yes.

Q. Do you have any recollection one way or the

other whether you made that statement or had that

communication with the EMT?

A. I don't have any specific recollection I

can -- I may have said something to the effect of

"Oh, the heavy hitter will be calling you," or

something along those lines, but -- in a joking

manner, but --

Q. So it's possible you said it, but you don't

recall specifically. Fair enough?

A. Right.

Q. So they take you to the ER. Setting aside

the question of where exactly you were located in

the ER or at Baptist, do you remember having any

conversations with the EMTs while you were in the

ambulance in transport?

A. Actually, we carried on a conversation the

entire way.

Q. Do you remember what it was about?

A. I think just general stuff about what I did.

I actually took a picture from the back of the

ambulance on my phone. The lady was telling me

about her kids or something, and so just general --

I mean, I was actually in a pretty good mood at the

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time. Believe it or not, it did not hurt like you

would think it did.

Q. And that's fine. So if I understand

correctly, you were in a pretty good mood, just kind

of carrying on with the EMT, and it sounds like you

weren't in a ton of pain at that point in time?

A. No. And, like I said, I think I was in

shock, but, I mean, just passing the time.

Q. What did you take a picture of?

A. The back window -- out the back window of the

ambulance.

Q. I was going to ask you if you took a picture

of your leg or if it was out the back window,

because, personally, I was curious.

A. It was the whole shot of -- you know, was

laying with my feet out this way and just took a

picture. I don't know if I still have it in my

phone or not.

Q. Do you know if they gave you any sort of pain

medication or administered anything of that type

while you were in the ambulance?

A. No, they did not.

Q. Okay. When you get to Baptist, it sounds

like it was a couple of hours before you actually

saw a physician. Is that about right? I think you

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said four.

A. Well, I did not see a physician until the

following day.

Q. Got it.

A. A nurse -- it was maybe two hours before -- I

mean, people would pass by and, you know, I would

chat with them just like you do at the grocery store

or something, but a couple hours into it somebody

came by and gave me pain medication.

Q. I was -- I didn't mean to interrupt. I'm

sorry. That's the hard part of this kind of odd

form of communication.

I do not yet have the Baptist records, so I

don't have the benefit of asking specific questions

about those. Do you recall what type of pain

medication they gave you?

A. No.

Q. Was it IV or oral?

A. Oral.

Q. Okay. That seem to control your pain?

A. It took the edge off, anyway. The longer I

laid there, the more it hurt.

Q. I gotcha. Any ability to describe kind of

how it hurt or what you felt with respect to your

leg?

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A. Well, it was more a bad ache than a sharp

pain, and in the ambulance ride it -- like I said,

it did not -- at the time, it wasn't -- it didn't

hurt like you would think it would. In the

ambulance -- it was sort of gradually increasing in

the ambulance. Every time they would hit a bump, I

would be aware of it.

Q. I understand. And so the pain medication

they gave you in the hospital took the edge off this

increasing ache, is that a fair way to characterize

it?

A. Right.

Q. It sounds like they -- did they only give you

pain medication one time on the day of the accident

while you were in the hospital, do you recall?

A. No, I don't recall. I ended up in a room

later that afternoon, so --

Q. Well, you beat me to my next question.

It sounds like you got admitted to the

hospital and kept overnight, correct?

A. Yes.

Q. Did you have surgery the next day?

A. Yes.

Q. Okay. Do you remember any conversation with

any of the healthcare providers that you had on the

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day of the accident, March 7, 2015, other than what

we've talked about with respect to the ambulance and

just kind of the checking in to see how you're doing

as people passed by at the hospital?

A. Not specifically.

Q. Before your surgery on March 8, 2015, do you

recall any conversations with healthcare providers

at that point in time?

A. Well, I did talk to Dr. Grossfeld, and I'm

sure I talked to nurses coming in and out of the

room, but I don't remember any real specifics about

it.

Q. Do you have any idea how the surgery went

that day? In other words, did anybody come back and

say, "Hey, we did the surgery, looks fine," or

"we've got this complication," or anything along

those lines?

A. Well, Dr. Grossfeld did seem to indicate that

it was a complicated procedure, but that it had gone

very well.

Q. Were you kept inpatient after the surgery for

some period of time? And again, I don't have the

records. That's why I'm asking.

A. I think I was discharged the following day,

which would have been a Monday.

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Q. After your surgery, was your pain well

controlled while you were in the hospital?

A. Yeah. I mean, pretty much, yeah. Like I

say, the sciatica pain, actually, at the time, was

bothering me more than the surgical pain.

Q. Did you ever talk to a healthcare provider

about whether the accident on March 7 --

A. Wait a minute. No. I'm confusing something.

The sciatica pain was related to the hip

replacement. That wasn't an issue here. So let me

back up. Can you reask that question?

Q. Sure.

A. If you remember what it was.

Q. I think it started with after your surgery,

was your pain well controlled while you were in the

hospital?

A. Yes.

Q. And your recollection -- and I'm sure we can

defer to the records, but your recollection is you

were discharged the next day?

A. Yes.

Q. Okay. Were you sent -- were you discharged

to home?

A. Yes.

Q. And when you were discharged from the

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hospital, it looks like you were nonweightbearing?

A. Yes.

Q. And was that simply nonweightbearing on your

left?

A. Yes.

Q. Did they give you a walker or anything that

would allow you to ambulate?

A. Well, I had a walker from my hip replacement

shoved in a closet somewhere, so I got that walker

out.

Q. And it looks like you've had a couple -- it

looks like your pain was generally well controlled

after discharge. What I'm looking at here is a note

from Orthopedic Specialists. I'm guessing it's

Angel Porter, but maybe on Angel Porter?

A. Angel.

Q. Angel.

A. She works with Dr. Grossfeld.

Q. Yeah. It's from April 7 of 2015. It says at

that point in time you were only using one pain pill

at night to help you sleep.

A. Yes. I'm very apprehensive about these pain

medications because I don't want to -- you know,

there's a growing addiction problem in this country,

so --

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Q. And so about a month out from when this

accident happens you're only taking one pain pill as

necessary to help you sleep; is that fair?

A. Yes.

Q. The next note that I have is from May 11,

2015, Dr. Grossfeld again, that you're doing great

but you're still nonweightbearing?

A. Well, I was nonweightbearing for two months,

so I think that was -- May 11th was probably the

time where she said I could start putting weight on

it.

Q. Okay. And what I have here is a summary, is

that (Reading) Will plan to discontinue crutches and

wean out of cast boot, will begin physical therapy

to work on range of motion and edema."

Does that sound about right?

A. Yes.

Q. All right. From there you went to ProRehab

for some physical therapy-type activities?

A. Yes.

Q. Did you have a -- it looks like you had a

good course of treatment at ProRehab and you were

generally showing kind of a consistent upswing,

improvements. Is that about right?

A. Yes.

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Q. Do you recall any specific dips in how you

were doing, in terms of how you were feeling while

you were at ProHealth Care -- ProRehab? I

apologize.

A. Well, I was concerned about the continued

swell in my leg, which has actually still continued

to this day.

Q. In your left leg?

A. Yes.

Q. Outside of the swelling, is it fair to say

that you've consistently been on an upswing from the

time you had surgery until the end of your treatment

at ProRehab?

A. I think so, yeah.

Q. And what I'm doing here is I'm trying to

summarize generally. I can walk through each of the

records if you want, but that's my interpretation of

them.

A. No. Am I back to 100 percent? No, and I

don't think that's ever going to happen. But I'm

better than I was on March 8th, so let's put it that

way.

Q. I understand. Looking at a record here from

June 9, 2015, it's in the middle of your treatment

with ProRehab, and it says that you had walked

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around the Costco for about an hour on a Saturday.

A. Right. Yeah.

Q. Any problems during that hour period of time

that you recall?

A. Well, I was using a cane, that by the end of

it, I was starting to experience some pain.

Q. But for that one-hour period of time, using a

cane, you felt okay?

A. Yeah.

Q. And then I have a note here from June 11,

2015, from Dr. Grossfeld. Essentially, at that

point in time, she indicates that you're using a

single-prong cane, you had done great, and you had

completed physical therapy?

A. Yes.

Q. Okay. When you left physical therapy, at the

time that they discharged you from ProRehab, did

anybody talk to you about your health status with

respect to your leg in terms of had you made it --

had you improved to 100 percent, did you still have

to do something, just generally speaking?

A. I don't recall specifically. I imagine the

ProRehab guy instructed me to continue some of these

exercises. I did go back to Dr. Grossfeld at some

point.

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Q. Yeah. And I have records from Dr. Grossfeld

of -- one from Angel Porter on August 8, one October

9, then one from Dr. Grossfeld herself on October 22

of 2015. It sounds like you were going back from

time to time, maybe every month, two months,

something in that general --

A. Right. Well, I had a back attack at some

point in here, and I went to see Dr. Grossfeld. She

referred me to that other guy, Altstadt, or

whatever, but then I went back because I was

concerned about some of the issues that were

continuing to plague me, and I just wanted to get a

sense from her what the prognosis was going to be on

that.

Q. And looking at this note from Dr. Grossfeld

on October 22, 2015, it indicates "will refer to

Dr. Vemuri," V-E-M-U-R-I. Does that name ring any

bells for you?

A. No at all. No. I'm just wondering if that

coincides with the other guy.

Q. Dr. Altstadt?

A. Yeah.

Q. Gotcha.

A. So I don't know if that was the time frame,

that he was just one guy in that office, or

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something, you know.

Q. Sure.

A. Because Altstadt was the only referral that I

ever recall from Grossfeld.

Q. Okay. With respect to this sciatica, do you

look at the sciatica issue as one and the same as

the low-back issue, or do you distinguish them? I'm

happy to go with either, but I just want to make

sure we're talking about --

A. No, they're combined.

Q. All right. Has a healthcare provider ever

told you that the back/sciatica issue was caused

or -- caused or aggravated by this accident on

March 7, 2015?

A. No, other than, well, it may be aggravated by

using the cane, but nobody has ever said "this was

caused by that," so --

Q. And do you recall somebody specifically

telling you that the sciatica/back issue could be

caused by using the cane?

A. I can't recall specifically.

Q. The note that I have from Dr. Altstadt,

Mr. Dawson to my right and your left, corrected me.

It's Altstadt with an A, not a U.

It seems to indicate that there was a

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discussion about some possible surgery?

A. Yeah.

Q. And that you opted not to have the surgery

and are going to continue with conservative

measures?

A. Right.

Q. That's accurate?

A. Yes.

Q. Subsequent to this -- and again, the record I

have is November 17, 2015 -- have you had any

conversations with a healthcare provider about a

need for surgery?

A. No, and Altstadt's -- when he says surgery,

he said, "Well, you could have this surgery and, you

know, there's maybe a 51 percent chance it could

improve you." So he did not portray it like it was

going to be any --

Q. And in fairness to Dr. Altstadt, and I've got

the record if you would like to see it, but it

essentially says, "I talked to Mr. Slawsky and told

him he might do equally well with the surgery as

without it"?

A. Exactly.

Q. Fair enough. So we've talked about the leg,

we've talked about the back, and I believe those are

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the only two issues that you believe were caused or

contributed to -- caused or aggravated by this

accident --

A. Correct.

Q. -- on March 7, 2015; is that fair?

A. Correct.

Q. All right. And the time frame here is before

and after this accident, March 7 of 2015, before and

after?

A. Okay.

Q. So when I use "before," I mean before

March 7; "after," after March 7.

A. Okay.

Q. Are there activities that you could do before

the accident that you could not do after the

accident?

A. Stand in front of a classroom for an hour and

walk for an extended period.

Q. I want the list. So I've got stand in front

of a class for an hour and walk for an extended

period. And let me be clear here. I'm talking not

just physical activities. Are there hobbies that

you had? I don't know if you gardened. Maybe you

played baseball.

I'm trying to get a list of what you could do

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before that you could not do after. So far I've got

stand for an hour in front of classroom, walk for an

extended period of time.

A. I have difficulty going up and down stairs,

so as far as activities, whatever it would be, it

would be my time standing or walking is limited to

45 minutes to an hour or, you know, two blocks of

walking distance.

Q. And I'm with you. This is my one time I get

to talk to you.

So what I'm trying to figure out is:

Recognizing those general parameters or limitations,

are there other activities that you specifically

said, "You know, Neal, I could do this before this

accident, but I can't do it now"?

A. I don't think there's anything specific that

I was doing that I can't do now.

Q. So it's not like -- and what I'm driving at

is this: It's not like you're going to tell me,

"You know, Neal, I played softball four days a week

before this accident, I can't play at all now."

That's what I'm trying to get to the specifics

of, things that you could do and cannot do now?

A. Probably the most aggravating thing now is

like parking at U of L. I don't know if you're

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familiar with the layout of the campus, but if I

have to park, you know, a mile away from where I

need to go, that can be a problem.

Q. All right. So I have standing in front of a

class for an hour, walking for an extended period,

meaning more than 45 minutes or two blocks, up and

down stairs, and the parking example that you just

gave. Anything else come to mind?

A. Not specifically, no.

Q. All right. With respect to the issue of

standing in front of the class, can you teach your

class sitting down?

A. Yes.

Q. Other than the ability to stand for that

period of time, this accident doesn't inhibit you

from actually teaching the course, correct?

A. Right.

Q. Does the fact that you can't stand in front

of the class for an hour, does that bother you

personally in some way?

A. A little bit.

Q. Okay. Tell me about that. And again, we're

going through this in minutiae simply because I'm

trying to get a sense of how this fall affected you.

A. Well, I think you're more effective as a

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114

teacher if you're up circulating around the class,

so if I'm limited to being planted on -- sitting on

a chair at the front of the class, it may affect my

effectiveness as a teacher.

Q. Has any student ever told you that?

A. No.

Q. Has any faculty member or supervisor told you

that?

A. No.

Q. So that's your thought from your position as

an educator --

A. Right.

Q. -- that that's kind of your belief, but

nobody's said that to you?

A. Right.

Q. With respect to the parking situation, can

you get some sort of sticker or special parking

permit to park closer to where you teach?

A. You can, but -- and I actually did after the

surgery, but some of the general parking areas are

closer than the handicapped spaces. U of L is not a

very -- I found this out after the surgery, that U

of L is not a very handicapped-friendly campus.

Q. I hear where you're coming from on that one.

Walking for extended periods of time. Two

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questions here. First is: Did you ever just walk

for a hobby, like you and your wife or you and your

grandson or --

A. Yeah.

Q. Like around the neighborhood?

A. Yeah. Not with my wife, but walking the dog

or something.

Q. And I was using an example, so I wasn't

limiting it. I apologize.

A. Yeah.

Q. So you have a dog?

A. Yeah.

Q. And walking the dog is something that you

did?

A. Right.

Q. Can you still walk the dog, but not maybe the

same length?

A. Yes, just up and down the court.

Q. Okay.

A. I used to be quite a walker, though.

Q. Well, that's what I'm trying to find out.

Was there any more to it than "I used to walk more

than I'm able to walk now"?

A. Probably nothing more than that.

Q. The stairs. At any of the places, and we've

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got them as the University of Louisville -- and is

it Simmons?

A. Simmons, right.

Q. Did you have to walk up and down stairs there

to get to your classroom?

A. Short flights. It depends on --

Q. Were you able to walk up and down the stairs

at those institutions?

A. Well, in most areas they have elevators, so

the issue going up and down stairs is probably more

related to my house than the university.

Q. And so that was going to be my other

question. I don't know the layout of your house.

A. Well, it's a two-story.

Q. Is your bedroom upstairs, first floor,

basement?

A. Well, it's -- the house is -- it's got a

walk-out basement, finished walk-out basement, so

you go upstairs to get in the house, you're on the

main floor with the bedroom, the kitchen, and all

those sorts of things, but you have to go downstairs

to the den, the laundry room, my workshop area, and

some other stuff downstairs.

Q. And is it fair to say that you have

difficulty getting up and down the stairs but you

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can still do -- still perform that activity?

A. I can still do it, yeah.

Q. Okay.

A. Usually it's one step at a time, and the

front steps of my house are you go up a few steps,

down the sidewalk, up more steps into the house, so

going up and down those steps is generally like a

one-step-at-a-time sort of affair.

Q. After this accident on March 7, 2015, did you

ever have -- did you ever fall down either going

downstairs or upstairs or anything along those

lines?

A. Yeah, I did, actually. I fell during one of

the physical therapy sessions.

Q. At ProRehab?

A. No. They had a home healthcare worker -- and

I guess I forgot that too. Immediately after the

surgery or after I was -- you know what, I don't

know if I can recall the specific dates, but there

was a home healthcare person who came by and did

some exercises with me, and it was actually the same

woman who had done the same thing after my hip

replacement, but -- and so her job was to help me

get situated to do things like get out of the house

and teach me how to walk on crutches.

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So it was right after the surgery because I

remember walking on crutches. So she was trying to

teach me how to get down the front steps on the

crutches, and I fell.

Q. Got it.

A. Okay.

Q. Do you remember the name of that lady or what

company she was with or anything along those lines?

A. Well, it was -- I think it was Baptist Home

Healthcare. I saw the woman like two weeks ago in a

restaurant, said hi to her, but I don't remember her

name off the top of my head.

Q. To your knowledge, are there any healthcare

provider-imposed restrictions on your activities?

A. No.

Q. Has any healthcare provider ever told you

that the condition of your left leg is permanent or

discussed issues related to permanence?

A. Well, Angel Porter did. I did discuss with

her what my prognosis was going to be.

Q. And what do you recall about that

conversation with Angel Porter?

A. That there was going to be problems with my

ankle or -- I want to say the term she used was

traumatic arthritis. So I was concerned because I

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was still experiencing swelling after a year, and

they've also told me that the screws -- or one of

the screws, at least, that anchors the rod in my leg

to the bone has moved, so I may need a follow-up

surgery to remove those screws.

Q. Who told you about the screw having moved?

A. Dr. Grossfeld.

Q. Do you remember when that was?

A. Not specifically, no. It was -- it was

earlier in the process rather than later.

Q. Well, I'll tell you. It looks like

Dr. Grossfeld and Ms. Porter work together, is that

right, at Orthopedic Specialists or the name of

their practice?

A. Yes.

Q. The last note that I have from Orthopedic

Specialists is February 5 of 2016.

A. Okay.

Q. So around --

A. It was way earlier than that.

Q. Different question, though.

A. Okay.

Q. Have you been back to Orthopedic Specialists

since February 5 of 2016?

A. No.

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Q. Have you seen any healthcare provider since

February 5 of 2016?

A. I don't remember Altstadt's time in there. I

have seen my own -- I have seen Patel, though, since

then.

Q. The record that I have for Altstadt is

November of '15.

A. Okay.

Q. To your knowledge, have you only seen

Altstadt once?

A. Yes.

MR. KROKOSKY: All right. If you can give me

five minutes, I'm going to take Mr. Dawson, we're

going to talk for a second. I think I'm done, but I

just want to look at my notes and then get you on

your way.

(Recess from 12:02 p.m. to 12:07 p.m.)

Q. Mr. Slawsky, thanks for your time here today.

I have a couple of final questions for you.

Do you currently have any appointments

scheduled with a healthcare provider?

A. Currently? No.

Q. With respect to the issues of a possible

surgery related to the screw, is that something

that -- who told you that?

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121

A. Dr. Grossfeld.

Q. Did Dr. Grossfeld put that issue of surgery

in the context of a possibility or a probability?

A. Possibility.

Q. Have you had any -- have you contemplated

having any further surgeries at this point in time?

Let me -- that's a bad question.

A. Sure.

Q. We've talked about Dr. Altstadt.

A. Right.

Q. After you saw Dr. Altstadt in November of

2015, have you talked to or thought -- talked to

anyone about the need for a future surgery?

A. No.

Q. After November of 2015, did you -- have you

thought to yourself, "I need another surgery"?

A. No. Now, back to the other question, I

believe when I talked to Dr. Porter the last time,

which I'm assuming was in February, that I did

mention the screw because they had raised it months

before that. It was more like "If it starts to

aggravate you" -- actually, now that I say that, I

can recall a specific.

If I move my ankle and it's quiet -- and I do

this to aggravate my wife -- you can hear it

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122

grinding, and what she said is that's the tendon

rubbing over the screw head making that noise, and

she said if -- we talked about the earlier

conversation about the screw having moved, and she

said, "If it continues to aggravate you, let us know

and we can have it removed."

Q. And I have to do this for the purpose of the

record. You're talking about the screw in your left

ankle, correct?

A. Correct.

Q. Does the screw aggravate you?

A. Well, there are actually two screws. The one

that she said had moved was the lower one by my

ankle. Both of them are visible and you can feel

them. The screw that's closer to my knee is -- if

you kneel, you're kneeling right on the screw, so

that's aggravating, and the one by my ankle is -- it

causes minor pain occasionally.

Q. With the screw closer to your knee, do you

kneel on a regular basis? Do you do anything that

requires that?

A. I think I was cleaning the baseboards or

something in the house, is where it became an issue.

So I had to do it sitting down.

Q. So I understand that context. Is there any

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123

other context that you have to regularly kneel and

you experience this pain or this issue?

A. No.

Q. How often do you clean the baseboards?

A. Once every few months, I suppose.

Q. The screw in the ankle, what's the discomfort

that you feel there?

A. Well, it's sore on top of the screw. It's

visibly discolored. It makes that noise, and it --

the flexion in my ankle is limited compared with the

other ankle, so --

Q. At this point in time, are you on any

prescription pain medications?

A. Pain medications, no.

Q. Whenever you had an issue with pain, are you

just controlling them with over-the-counter

medications at this point in time --

A. Yes.

Q. -- like Advil, Tylenol, ibuprofen, something

like that?

A. Yeah.

Q. It looks like in June of 2015, or

thereabouts, you walked around Gatlinburg,

Tennessee, over the prior weekend?

A. Well, we visited. There was not much

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124

walking.

Q. What did you do there?

A. Well, there was one particular cabin that my

wife and I rent fairly frequently -- actually, I had

it rented for the week after the leg break and I had

to postpone it, so we went down sometime that summer

and mainly stayed in the cabin.

I don't know if you've ever been to

Gatlinburg. It's like Bourbon Street without the

strippers. The T-shirt shops and everything are the

main strip, so there's really not much appeal to me.

So we just like the mountains.

Q. Last question I have at this point before I

turn it over to your attorney -- and again, I don't

want to know about conversations you've had with him

or members of his staff. Okay?

A. Uh-huh.

Q. Outside of your attorney, has anybody

expressed any criticisms of Knob Creek with respect

to your accident on March 7, 2015?

A. No, not at all.

MR. KROKOSKY: I don't have any further

questions.

EXAMINATION

By Mr. Cowley:

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125

Q. What caused you to fall?

A. Well, stepping on that piece of cardboard,

something in that deal moved. Exactly what it was,

I can't say, but something moved and I went down.

Q. What do you mean "that deal"?

A. The act of stepping on the cardboard. I

can't say specifically if the cardboard slipped or I

slipped, but there was -- there was some movement

there. My leg went out from under me.

MR. COWLEY: I don't have anything else.

EXAMINATION

By Mr. Krokosky:

Q. I have a couple follow-up questions.

Mr. Slawsky, you remember at the outset of

your deposition I asked if you had any questions

about something I asked, that you would let me know?

You remember that?

A. Sure.

Q. And you agreed that you would do that,

correct?

A. Yes.

Q. And you understood the questions that I asked

you, correct?

A. Yes.

Q. And you precisely answered those questions

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126

because you're a precise speaker, correct?

A. I hope so.

Q. And the only thing that changed between when

I asked what caused you to fall and your attorney

asked, is we have taken several breaks where I have

not been in the room and you've spoken to your

attorney, correct?

A. Yes.

MR. KROKOSKY: No further questions.

(Deposition concluded at 12:13 p.m.)

* * *

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127

STATE OF KENTUCKY ))) SS.)

COUNTY OF JEFFERSON)

I, Dannielle Copeland, a Notary Public within

and for the State at Large, my commission as such

expiring 28 September 2019, do hereby certify that

the foregoing deposition of RICHARD WILLIAM SLAWSKY

was taken before me at the time and place stated and

for the purpose in the caption stated; that the said

witness was first duly sworn to tell the truth, the

whole truth, and nothing but the truth; that the

deposition was reduced by me to shorthand writing in

the presence of the witness; that the foregoing is a

full, true, and correct transcript of the said

deposition so given; that there was no request that

the witness read and sign the deposition; that the

appearances were as stated in the caption.

WITNESS my hand this 3rd day of August 2016.

Registered Merit ReporterCertified Realtime ReporterNotary Public, State at Large

$$10 [1] - 9:8

$100 [1] - 9:6

$500 [1] - 96:15

''15 [1] - 120:7

'78 [1] - 24:14

'80s [2] - 83:18,

85:21

'86 [1] - 84:17

'87 [1] - 84:17

11 [34] - 1:2, 2:7,

21:12, 21:23, 22:14,

23:5, 23:10, 23:12,

23:13, 26:25, 28:16,

30:24, 31:1, 34:5,

40:10, 43:9, 48:18,

49:23, 62:18, 62:25,

70:1, 77:18, 79:4,

79:20, 79:24, 80:25,

81:8, 81:9, 81:15,

84:13, 86:1, 86:2,

88:10

10,000 [1] - 29:8

100 [5] - 16:17,

53:17, 70:12,

106:19, 107:20

101 [2] - 97:15,

97:20

102 [2] - 1:15, 3:9

108 [1] - 97:15

10:30 [1] - 8:4

10:38 [1] - 55:2

10:44 [1] - 55:2

11 [2] - 105:5,

107:10

11:00 [1] - 8:4

11th [1] - 105:9

124 [1] - 2:4

125 [1] - 2:5

127 [1] - 2:6

12:02 [1] - 120:17

12:07 [1] - 120:17

12:13 [1] - 126:10

13 [3] - 79:4, 79:24

16 [1] - 81:7

16-CI-00149 [1] -

1:2

17 [2] - 84:13,

110:10

18 [3] - 86:1, 87:9,

88:5

19 [2] - 1:14, 92:17

1999 [1] - 29:4

22 [12] - 2:8, 21:19,

22:2, 23:5, 23:9,

31:1, 62:2, 79:25,

81:1, 81:10, 84:14,

88:16

20 [4] - 50:24,

81:17, 83:17, 94:8

200 [1] - 3:4

2005 [1] - 10:6

2006 [2] - 24:19,

25:3

2008 [2] - 36:18,

93:11

2009 [5] - 10:7,

10:24, 25:4, 36:19,

93:11

2010 [10] - 10:7,

10:24, 92:17, 93:4,

93:14, 93:18, 95:11,

95:17, 95:18, 95:19

2013 [1] - 9:17

2014 [1] - 25:21

2015 [102] - 7:14,

7:19, 8:10, 8:18,

9:15, 11:1, 11:12,

15:17, 15:24, 16:5,

17:2, 17:17, 18:11,

19:21, 20:20, 21:4,

30:3, 30:12, 30:16,

30:22, 31:21, 34:14,

36:20, 40:16, 41:14,

42:16, 43:5, 44:3,

44:9, 44:13, 44:18,

44:22, 45:10, 45:15,

47:12, 47:16, 49:20,

50:18, 51:21, 52:11,

52:16, 53:1, 55:22,

56:4, 56:17, 56:20,

56:24, 57:3, 57:6,

57:12, 57:21, 59:2,

59:10, 59:14, 63:12,

64:8, 64:16, 64:21,

65:12, 66:20, 74:25,

76:1, 77:15, 78:11,

79:1, 79:11, 79:18,

80:12, 80:18, 80:22,

82:3, 82:12, 83:3,

83:7, 83:14, 84:1,

85:5, 85:22, 86:7,

88:7, 91:2, 91:5,

91:13, 96:5, 97:17,

102:1, 102:6,

104:19, 105:6,

106:24, 107:11,

108:4, 108:16,

109:14, 110:10,

111:5, 111:8, 117:9,

121:12, 121:15,

123:22, 124:20

2016 [7] - 1:14,

27:23, 61:23,

119:17, 119:24,

120:2, 127:19

2019 [1] - 127:7

204 [1] - 1:22

21 [3] - 2:7, 2:8,

88:9

22 [3] - 31:17,

108:3, 108:16

24 [1] - 90:10

250 [1] - 28:11

2525 [1] - 1:22

28 [2] - 95:11,

127:7

33 [11] - 2:3, 2:8,

35:19, 35:23, 35:25,

36:4, 36:16, 36:23,

37:10, 38:10, 38:13

30-06 [1] - 20:17

308 [1] - 20:10

30s [1] - 18:7

35 [2] - 2:8, 2:9

3rd [1] - 127:19

44 [13] - 2:4, 2:9,

35:19, 35:23, 37:9,

38:10, 38:13, 38:17,

38:19, 39:5, 39:8,

39:16, 40:1

40203 [1] - 3:5

40223 [1] - 1:23

40243 [1] - 3:10

40291 [1] - 4:11

436 [1] - 3:4

45 [3] - 2:12, 112:7,

113:6

55 [19] - 2:9, 51:14,

51:15, 51:19, 51:20,

51:24, 52:10, 52:16,

57:14, 57:15, 57:18,

62:3, 62:7, 71:3,

71:5, 79:6, 119:17,

119:24, 120:2

502 [3] - 1:23, 3:5,

3:10

51 [2] - 2:9, 110:15

55 [1] - 2:10

585-5634 [1] - 1:23

66 [6] - 2:10, 2:15,

8:18, 55:8, 55:11,

79:6

60 [1] - 2:10

6601 [1] - 4:10

77 [114] - 2:10, 7:14,

7:19, 8:10, 8:14,

9:15, 11:1, 11:12,

15:17, 15:23, 16:5,

17:2, 17:17, 18:11,

19:21, 20:5, 20:20,

21:4, 30:3, 30:12,

30:16, 30:22, 31:20,

34:6, 34:8, 34:12,

34:14, 34:17, 36:19,

40:11, 40:16, 41:14,

42:16, 43:5, 43:8,

44:3, 44:9, 44:13,

44:18, 44:22, 45:10,

45:15, 47:11, 47:16,

48:18, 49:20, 49:23,

50:18, 51:21, 52:11,

52:15, 53:1, 55:22,

56:4, 56:17, 56:20,

56:24, 57:3, 57:6,

57:12, 57:21, 59:1,

59:10, 59:14, 60:20,

60:23, 61:21, 61:25,

62:3, 62:7, 62:24,

63:12, 64:8, 64:16,

64:21, 65:12, 66:20,

70:1, 74:25, 76:1,

77:15, 78:10, 79:1,

79:11, 79:18, 79:20,

80:12, 80:18, 80:22,

82:3, 82:12, 83:3,

83:7, 83:14, 84:1,

85:5, 85:22, 86:7,

88:7, 91:1, 91:5,

91:13, 96:5, 97:17,

102:1, 103:7,

104:19, 109:14,

111:5, 111:8,

111:12, 117:9,

124:20

785-9090 [1] - 3:10

7th [3] - 3:4, 10:10,

80:3

88 [5] - 2:11, 97:10,

97:13, 102:6, 108:2

855-3142 [1] - 3:5

8th [1] - 106:21

99 [2] - 106:24,

108:3

911 [1] - 72:19

920 [2] - 1:15, 3:9

97 [1] - 2:11

9:37 [1] - 4:6

Aa.m [3] - 4:6, 55:2

ability [3] - 65:13,

100:23, 113:14

able [2] - 115:23,

116:7

accident [64] -

4:17, 10:10, 11:1,

15:16, 16:5, 16:25,

128

17:2, 17:17, 18:10,

18:16, 19:12, 19:14,

19:20, 20:19, 21:4,

30:3, 30:11, 30:15,

30:21, 31:20, 34:13,

34:19, 34:20, 36:19,

40:16, 44:8, 44:25,

47:11, 57:3, 57:6,

63:19, 74:25, 79:10,

79:18, 80:12, 80:18,

80:22, 82:3, 83:3,

83:25, 85:4, 85:7,

85:20, 85:21, 88:23,

89:14, 91:1, 91:4,

96:5, 97:17, 101:14,

102:1, 103:7, 105:2,

109:13, 111:3,

111:8, 111:15,

111:16, 112:15,

112:21, 113:15,

117:9, 124:20

accidents [1] -

85:23

accurate [1] -

110:7

accurately [1] -

34:18

ache [2] - 101:1,

101:10

act [3] - 67:23,

68:4, 125:6

ACTION [1] - 1:2

action [1] - 74:3

actions [1] - 42:16

activities [9] - 7:18,

13:2, 73:4, 105:19,

111:14, 111:22,

112:5, 112:13,

118:14

activity [1] - 117:1

actual [1] - 43:14

addiction [1] -

104:24

addition [1] - 12:14

additional [1] -

55:14

address [6] - 4:9,

30:19, 31:2, 31:11,

73:8, 73:11

adjacent [1] - 43:17

adjunct [1] - 27:15

administered [1] -

99:20

admitted [1] -

101:19

Advil [1] - 123:19

affair [1] - 117:8

affect [1] - 114:3

affected [1] -

113:24

afternoon [1] -

101:17

afterwards [1] -

64:10

aggravate [5] -

80:14, 121:22,

121:25, 122:5,

122:11

aggravated [7] -

80:1, 80:15, 80:18,

80:22, 109:13,

109:15, 111:2

aggravating [2] -

112:24, 122:17

ago [7] - 4:18, 4:20,

9:22, 13:15, 30:10,

36:14, 118:10

agree [4] - 32:6,

37:9, 39:11, 79:9

agreed [1] - 125:19

ahead [2] - 18:16,

97:6

air [2] - 33:9, 72:9

airport [1] - 29:21

alleviated [1] -

85:17

allow [1] - 104:7

allowing [1] - 33:23

allows [1] - 26:2

Altstadt [12] -

87:18, 88:5, 108:9,

108:21, 109:3,

109:22, 109:24,

110:18, 120:6,

120:10, 121:9,

121:11

Altstadt's [2] -

110:13, 120:3

ambulance [11] -

72:21, 73:6, 96:6,

98:17, 98:23, 99:11,

99:21, 101:2, 101:5,

101:6, 102:2

ambulate [1] -

104:7

amount [1] - 89:7

analysis [1] - 26:17

Anchorage [2] -

1:22, 29:12

anchors [1] - 119:3

Angel [7] - 104:15,

104:16, 104:17,

108:2, 118:19,

118:22

angle [1] - 87:14

angled [1] - 84:19

ankle [8] - 118:24,

121:24, 122:9,

122:14, 122:17,

123:6, 123:10,

123:11

answer [18] - 6:10,

6:22, 7:7, 7:10,

34:9, 34:15, 48:17,

49:22, 51:7, 61:16,

62:24, 65:24, 67:17,

70:1, 76:4, 78:14,

79:6

answered [1] -

125:25

answers [3] - 5:24,

6:9, 81:1

Anthem [4] - 90:14,

90:25, 91:2, 91:4

anticipating [1] -

30:20

anyway [2] - 8:8,

100:21

apart [1] - 97:21

apologize [8] -

40:15, 51:12, 71:18,

76:18, 79:21, 88:15,

106:4, 115:9

apologizing [1] -

19:14

apparent [1] -

76:10

appeal [1] - 124:11

appear [2] - 76:15,

77:16

appearances [1] -

127:18

Appearances [1] -

2:3

APPEARANCES

[1] - 3:1

appeared [2] -

67:6, 70:9

applicable [1] -

48:3

appointment [1] -

94:8

appointments [2] -

93:17, 120:20

appreciate [2] -

24:24, 86:17

apprehensive [1] -

104:22

appropriate [3] -

11:7, 11:10, 45:14

April [1] - 104:19

area [49] - 8:16,

16:11, 20:25, 34:25,

40:24, 41:2, 41:12,

41:22, 41:25, 43:2,

43:3, 43:17, 46:1,

47:5, 48:11, 50:10,

50:11, 50:17, 50:22,

51:24, 51:25, 52:20,

53:2, 53:13, 53:22,

54:2, 54:3, 56:3,

57:10, 57:14, 57:23,

59:18, 60:2, 60:6,

64:24, 70:25, 71:11,

71:16, 71:18, 74:9,

76:11, 77:5, 77:21,

77:24, 77:25, 78:20,

116:22

areas [3] - 42:1,

114:20, 116:9

arm [1] - 72:8

arrival [1] - 42:17

arrived [1] - 18:18

arthritis [1] -

118:25

aside [2] - 12:3,

98:13

aspect [3] - 14:4,

39:15, 66:19

assist [2] - 47:8,

64:10

assume [1] - 6:22

assuming [4] -

72:4, 85:10, 96:24,

121:19

attached [1] -

48:10

attack [1] - 108:7

attacks [1] - 87:13

attempting [1] -

60:7

attended [1] -

13:25

attention [1] - 37:6

attire [1] - 45:14

attorney [23] - 5:12,

5:22, 7:2, 7:8, 12:1,

12:4, 12:8, 12:15,

21:8, 22:21, 30:17,

45:6, 61:10, 61:14,

88:25, 89:2, 96:9,

96:17, 97:22,

124:14, 124:18,

126:4, 126:7

attorneys [1] - 4:15

August [4] - 95:17,

95:18, 108:2,

127:19

available [1] -

97:22

aware [2] - 56:5,

101:7

Bbachelor's [3] -

24:20, 24:25, 25:7

back/sciatica [1] -

109:12

background [3] -

32:20, 33:2, 38:23

backgrounds [1] -

32:16

backwards [1] -

68:3

bad [10] - 36:1,

40:13, 60:15, 66:6,

66:10, 69:3, 69:9,

69:10, 101:1, 121:7

bag [2] - 50:5,

53:21

bags [1] - 26:14

Baptist [9] - 82:16,

82:17, 82:22, 83:6,

86:10, 98:15, 99:23,

100:13, 118:9

bar [1] - 52:13

barriers [1] - 26:12

baseball [1] -

111:24

baseboards [2] -

122:22, 123:4

based [2] - 28:5,

29:12

basement [3] -

116:16, 116:18

basic [3] - 19:24,

22:25, 32:14

basis [6] - 20:15,

47:20, 81:19, 90:20,

97:18, 122:20

Bates [1] - 97:14

beat [1] - 101:18

became [1] -

122:23

become [2] - 9:3,

9:10

becomes [1] - 7:23

bedroom [2] -

116:15, 116:20

began [1] - 50:22

begin [3] - 53:2,

75:5, 105:14

beginning [1] -

61:7

begs [1] - 9:25

behind [4] - 40:23,

41:23, 53:8

belief [1] - 114:13

bells [1] - 108:18

bench [17] - 18:13,

18:14, 18:17, 18:22,

19:5, 19:18, 69:24,

70:12, 70:20, 70:23,

71:22, 72:2, 72:12,

72:25, 73:5, 73:13,

73:23

benefit [2] - 9:7,

100:14

best [3] - 61:24,

67:3, 74:21

better [6] - 6:16,

32:23, 64:23, 74:9,

76:6, 106:21

Between [1] -

33:12

between [29] -

8:14, 10:9, 26:12,

32:10, 32:20, 44:1,

45:23, 49:8, 51:5,

52:15, 53:4, 53:11,

53:18, 56:3, 57:13,

57:25, 58:8, 60:1,

71:1, 73:5, 77:21,

77:25, 81:9, 85:4,

85:7, 85:20, 87:13,

129

126:3

beyond [5] - 58:10,

58:21, 58:23, 90:23,

91:11

big [3] - 33:16,

37:6, 38:18

bigger [1] - 50:15

bill [1] - 96:12

billing [5] - 96:9,

96:10, 96:17, 97:1,

97:23

bit [5] - 18:16, 19:2,

87:15, 88:15,

113:21

black [1] - 28:9

blacktop [1] -

78:20

bleachers [4] -

41:7, 41:10, 41:23,

43:21

blocks [2] - 112:7,

113:6

Blue [4] - 90:14,

90:25, 91:1

board [1] - 13:2

boarding [1] -

29:22

boards [1] - 29:20

bone [3] - 60:18,

69:7, 119:4

boot [1] - 105:14

boss [1] - 33:16

boss's [1] - 33:18

bother [2] - 93:9,

113:19

bothering [1] -

103:5

Bourbon [1] -

124:9

box [2] - 62:8,

64:24

break [8] - 17:11,

26:12, 30:7, 48:1,

50:14, 69:12, 91:22,

124:5

breaks [1] - 126:5

bridge [1] - 35:8

briefly [4] - 4:12,

12:1, 34:12, 88:12

brings [1] - 7:12

broke [1] - 69:4

broken [4] - 18:24,

80:3, 80:10, 95:15

brought [1] - 55:4

building [5] -

41:11, 43:20, 51:3,

51:6, 52:19

bullet [1] - 56:9

Bullitt [1] - 96:6

BULLITT [1] - 1:1

bump [1] - 101:6

business [4] -

29:14, 96:18, 97:24

business-to-

business [1] - 29:14

butt [3] - 53:5,

53:12, 94:25

buy [1] - 43:10

CC-H-A-N-S-O-N [1]

- 31:15

cabin [2] - 124:3,

124:7

campus [2] - 113:1,

114:23

Canada [1] - 29:7

cane [6] - 87:14,

107:5, 107:8,

107:13, 109:16,

109:20

cannot [1] - 112:23

capstone [1] - 26:1

capstone-type [1] -

26:1

caption [2] -

127:10, 127:18

car [8] - 15:5, 44:5,

48:19, 48:25, 50:4,

50:11, 73:17, 73:19

card [8] - 9:7, 9:11,

9:13, 9:14, 16:23,

29:23, 29:24, 91:11

cardboard [66] -

43:10, 54:23, 55:5,

55:7, 55:9, 55:16,

56:2, 56:13, 56:17,

56:20, 56:24, 57:9,

57:12, 57:20, 58:7,

59:1, 59:10, 59:13,

59:19, 60:3, 60:7,

62:8, 62:13, 62:15,

63:4, 63:11, 63:13,

63:14, 63:19, 64:24,

65:4, 65:8, 65:12,

65:14, 65:17, 66:3,

66:8, 66:13, 66:18,

66:20, 66:22, 66:24,

67:1, 67:5, 67:8,

67:14, 74:13, 74:15,

74:19, 75:2, 75:10,

75:25, 76:21, 77:12,

77:20, 77:22, 78:1,

78:8, 78:12, 78:16,

78:19, 79:1, 125:2,

125:6, 125:7

care [6] - 6:10,

81:14, 81:16, 82:5,

82:8, 82:9

Care [2] - 87:5,

106:3

career [1] - 23:14

carried [2] - 18:13,

98:18

carry [2] - 18:13,

72:5

carrying [1] - 99:5

cars [2] - 57:23,

76:11

case [7] - 4:20,

4:21, 5:1, 5:4, 5:6,

29:15, 33:8

cast [1] - 105:14

catch [1] - 63:1

catcher [1] - 26:15

caused [10] - 77:5,

91:12, 109:12,

109:13, 109:17,

109:20, 111:1,

111:2, 125:1, 126:4

causes [1] - 122:18

causing [1] - 63:5

cautious [3] -

65:20, 65:24, 65:25

center [1] - 82:9

certain [6] - 7:7,

68:24, 70:13, 81:13,

84:23, 91:8

certainly [1] -

61:15

Certificate [1] - 2:6

Certified [1] -

127:23

certify [1] - 127:7

chair [1] - 114:3

Chalmette [1] -

84:17

chance [1] - 110:15

change [3] - 7:6,

90:19, 90:20

changed [2] - 49:7,

126:3

channel [2] - 33:8,

33:12

Chanson [1] -

31:15

characteristics [1]

- 16:18

characterize [1] -

101:10

chat [1] - 100:7

check [1] - 29:21

checking [1] -

102:3

checks [1] - 16:6

chiropractic [1] -

87:5

Chiropractic [1] -

87:5

chiropractor [5] -

83:19, 83:22, 84:25,

85:3, 87:12

choices [1] - 32:6

chose [1] - 46:19

Christian [1] - 15:4

CIRCUIT [1] - 1:1

circulating [1] -

114:1

circumstance [1] -

38:21

CIVIL [1] - 1:2

claim [13] - 5:18,

23:1, 30:4, 30:11,

30:14, 64:20, 79:10,

80:11, 80:21, 86:6,

88:22, 88:25, 89:4

claiming [1] - 79:22

claims [1] - 64:16

clarification [3] -

6:19, 77:1, 84:8

clarified [1] - 79:20

class [8] - 27:6,

111:20, 113:5,

113:11, 113:12,

113:19, 114:1,

114:3

classes [6] - 24:5,

27:1, 27:5, 30:8,

32:15

classifying [1] -

27:11

classroom [3] -

111:17, 112:2,

116:5

clean [1] - 123:4

cleaning [1] -

122:22

clear [11] - 8:11,

9:18, 46:1, 46:3,

49:3, 54:14, 57:25,

64:23, 74:9, 76:7,

111:21

cleared [3] - 76:12,

78:17, 78:20

clearing [3] -

74:14, 76:8, 77:5

client [1] - 29:10

clients [1] - 29:5

Clinic [1] - 94:20

clips [1] - 15:13

closely [1] - 54:21

closer [5] - 37:10,

114:18, 114:21,

122:15, 122:19

closer-up [1] -

37:10

closest [1] - 47:5

closet [1] - 104:9

Club [4] - 88:10,

88:14, 88:18, 89:14

coincides [1] -

108:20

cold [1] - 8:11

collapsed [1] -

13:16

collateral [1] -

90:10

colleague [1] - 4:14

College [2] - 23:18,

27:17

college [3] - 24:15,

24:19, 28:9

combined [1] -

109:10

comfortable [1] -

57:19

coming [6] - 11:21,

88:18, 94:6, 94:14,

102:10, 114:24

commenced [1] -

4:6

comment [1] -

27:13

comments [2] -

26:6, 26:17

commission [1] -

127:6

COMMONWEALT

H [1] - 1:1

communicate [1] -

32:1

communicated [1]

- 32:12

communicating [1]

- 6:5

communication [8]

- 23:24, 25:9, 25:23,

26:10, 28:1, 33:5,

98:4, 100:12

communications

[2] - 31:25, 33:2

companies [1] -

90:19

company [3] -

29:5, 29:10, 118:8

compared [1] -

123:10

compensation [1] -

89:6

complain [1] - 21:2

complaining [1] -

94:25

complaints [1] -

74:3

complete [2] -

86:3, 88:3

completed [2] -

24:21, 107:14

complex [11] -

35:9, 39:25, 40:8,

41:19, 42:8, 42:18,

42:20, 42:25, 43:14,

45:9, 48:11

complicated [1] -

102:19

complication [1] -

102:16

comprehensive [1]

- 26:1

concept [3] -

26:10, 33:4, 38:25

conceptualize [1] -

42:25

concern [3] - 75:6,

75:9, 76:8

130

concerned [5] -

67:13, 91:19, 106:5,

108:11, 118:25

concerns [4] -

65:13, 65:16, 65:21,

75:1

concluded [2] -

75:22, 126:10

conclusion [3] -

38:20, 75:13, 75:18

condition [2] -

67:4, 118:17

conditions [10] -

41:13, 45:22, 46:5,

49:6, 49:14, 51:21,

54:8, 58:25, 80:17,

92:12

conference [1] -

12:2

confidence [1] -

17:14

confused [1] - 6:17

confusing [1] -

103:8

conjunction [2] -

13:21, 13:24

conservative [1] -

110:4

considered [1] -

27:13

consisted [1] -

4:23

consistent [3] -

27:7, 29:9, 105:23

consistently [2] -

31:11, 106:11

contact [4] - 19:3,

96:10, 96:17, 97:23

container [2] -

53:5, 53:12

contemplated [1] -

121:5

content [1] - 40:6

context [7] - 4:22,

11:9, 18:9, 96:23,

121:3, 122:25,

123:1

continue [4] -

39:20, 85:25,

107:23, 110:4

continued [2] -

106:5, 106:6

continues [1] -

122:5

continuing [2] -

92:24, 108:12

contributed [2] -

77:6, 111:2

contribution [1] -

28:14

control [1] - 100:20

controlled [3] -

103:2, 103:15,

104:12

controlling [1] -

123:16

convenient [1] -

90:7

conversation [8] -

12:3, 18:20, 19:6,

19:7, 98:18, 101:24,

118:22, 122:4

conversations [6] -

12:4, 61:10, 98:16,

102:7, 110:11,

124:15

COPELAND [1] -

1:21

Copeland [1] -

127:5

copy [2] - 21:9,

96:1

corner [2] - 71:14,

88:18

correct [103] - 7:4,

7:16, 8:23, 18:19,

23:20, 25:12, 25:14,

25:15, 27:18, 30:5,

30:12, 30:13, 30:16,

32:7, 36:15, 37:11,

37:21, 37:23, 39:2,

39:5, 39:6, 39:9,

39:10, 39:13, 39:14,

40:5, 40:18, 40:19,

41:23, 41:24, 43:11,

44:6, 44:7, 46:6,

46:8, 46:9, 48:19,

48:20, 49:4, 49:17,

49:18, 50:7, 51:22,

52:2, 52:21, 52:25,

53:14, 54:6, 55:19,

55:20, 56:14, 56:15,

57:11, 58:6, 58:9,

58:19, 58:23, 60:8,

62:16, 63:16, 64:17,

64:18, 66:14, 66:16,

66:17, 67:10, 67:15,

68:23, 68:25, 70:22,

71:12, 72:11, 73:1,

73:3, 74:9, 74:10,

74:22, 74:23, 75:14,

76:1, 76:2, 76:21,

76:22, 80:16, 82:7,

84:11, 85:8, 86:12,

89:10, 91:13, 91:15,

93:15, 101:20,

111:4, 111:6,

113:16, 122:9,

122:10, 125:20,

125:23, 126:1,

126:7, 127:15

corrected [1] -

109:23

correctly [13] -

4:18, 27:13, 47:6,

48:18, 52:18, 54:5,

58:4, 62:11, 63:9,

74:19, 86:10, 94:10,

99:4

Costco [1] - 107:1

counter [2] - 47:1,

123:16

country [1] -

104:24

COUNTY [1] -

127:3

County [1] - 96:6

couple [10] - 5:15,

69:16, 87:1, 93:16,

95:7, 99:24, 100:8,

104:11, 120:19,

125:13

course [5] - 6:25,

28:1, 28:2, 105:22,

113:16

courses [1] - 24:3

Court [3] - 4:10,

31:3, 31:10

COURT [1] - 1:1

court [7] - 5:19,

21:9, 21:21, 35:22,

51:11, 51:17,

115:18

covered [32] -

40:24, 41:2, 41:12,

43:2, 43:3, 43:17,

46:1, 50:10, 50:11,

50:17, 50:21, 51:25,

52:20, 53:2, 53:22,

54:2, 54:3, 56:3,

57:10, 57:14, 57:23,

58:1, 58:7, 59:18,

60:2, 60:6, 67:20,

70:25, 71:11, 71:18,

77:21, 77:25

covering [1] - 62:8

covers [1] - 38:20

COWLEY [6] -

21:14, 67:16, 78:14,

97:2, 97:5, 125:10

Cowley [4] - 2:4,

3:3, 3:4, 124:25

CREEK [1] - 1:8

Creek [68] - 1:15,

3:9, 4:15, 7:13,

7:19, 7:23, 7:24,

8:3, 8:15, 8:22,

8:24, 9:2, 9:21,

10:5, 10:8, 11:2,

11:5, 11:10, 11:12,

12:9, 12:18, 12:21,

12:25, 13:7, 13:11,

13:14, 14:11, 14:14,

14:23, 15:3, 15:12,

15:18, 16:4, 16:25,

17:3, 17:18, 19:19,

20:22, 35:1, 35:7,

35:14, 36:18, 37:1,

37:2, 39:13, 39:21,

40:3, 40:17, 42:16,

43:5, 44:24, 45:15,

48:2, 57:3, 57:6,

64:20, 64:21, 72:22,

74:4, 74:8, 74:16,

77:14, 78:19, 78:22,

80:3, 85:21, 86:10,

124:19

Creek's [1] - 19:12

criticism [4] - 75:6,

75:10, 76:8, 76:20

criticisms [6] -

73:15, 74:3, 74:8,

74:15, 75:1, 124:19

Cross [2] - 90:14,

90:25

cross [4] - 50:22,

53:23, 60:6, 61:14

crossing [2] -

50:16, 56:23

CRR [1] - 1:21

crutches [4] -

105:13, 117:25,

118:2, 118:4

culmination [1] -

26:2

cumbersome [1] -

16:1

curious [2] - 79:14,

99:14

current [1] - 4:9

customer [1] - 5:8

DDANNIELLE [1] -

1:21

Dannielle [1] -

127:5

date [1] - 9:13

dates [2] - 27:19,

117:19

Dawson [4] - 3:8,

4:14, 109:23,

120:13

days [1] - 112:20

dcopeland@

mclendon [1] - 1:24

dcopeland@

mclendon-kogut.

com [1] - 1:24

deal [3] - 42:17,

125:3, 125:5

decode [1] - 33:11

deconstructed [3]

- 54:23, 56:6, 56:14

deduction [1] -

68:19

deep [2] - 42:11,

59:6

DEFENDANT [2] -

1:8, 3:7

Defendant [2] -

1:13, 4:2

defer [1] - 103:19

deference [1] -

77:10

degenerative [1] -

92:21

degree [9] - 24:20,

24:21, 25:1, 25:4,

25:7, 25:13, 25:20,

26:21, 85:13

Deion [3] - 31:15,

31:16, 31:18

DEION [1] - 31:15

demand [1] - 28:4

demonstrate [1] -

93:22

den [1] - 116:22

department [1] -

23:24

depict [2] - 36:4,

51:20

depicted [10] -

36:23, 38:19, 39:4,

39:7, 39:16, 40:1,

52:16, 57:14, 57:15,

71:5

depicts [1] - 51:24

Deposition [16] -

2:7, 2:8, 2:8, 2:9,

2:9, 2:10, 2:10,

2:11, 21:12, 21:19,

35:19, 51:15, 55:11,

60:20, 97:10,

126:10

deposition [16] -

1:12, 4:6, 4:19,

4:23, 5:2, 5:6, 5:9,

5:10, 11:16, 11:25,

12:5, 125:15, 127:8,

127:13, 127:16,

127:17

deposition's [1] -

11:21

describe [5] - 9:3,

16:16, 33:4, 44:15,

100:23

described [2] -

79:23, 92:20

describing [3] -

42:22, 55:18, 57:19

description [3] -

18:6, 32:2, 46:11

descriptions [1] -

9:24

destination [1] -

50:6

detail [1] - 5:14

developed [1] -

85:11

diagnosed [1] -

94:7

died [1] - 14:19

difference [1] -

55:18

different [6] -

52:11, 52:15, 81:25,

131

84:14, 91:9, 119:21

difficult [4] - 92:25,

94:5, 94:11, 94:13

difficulties [2] -

72:1, 72:14

difficulty [7] -

45:19, 48:24, 49:19,

50:16, 60:1, 112:4,

116:25

digital [3] - 29:15,

29:18, 29:19

diploma [1] - 25:5

dips [1] - 106:1

direct [1] - 77:16

direction [1] -

58:11

disaster [1] - 26:12

discharge [1] -

104:13

discharged [5] -

102:24, 103:20,

103:22, 103:25,

107:17

discolored [1] -

123:9

discomfort [1] -

123:6

disconnect [3] -

32:10, 32:17, 32:20

discontinue [1] -

105:13

discuss [1] -

118:19

discussed [1] -

118:18

discussing [1] -

97:1

discussion [8] -

13:2, 21:18, 33:22,

33:25, 35:18, 96:11,

97:9, 110:1

disease [1] - 92:21

disk [1] - 92:21

display [1] - 29:18

distance [4] - 51:5,

51:9, 57:13, 112:8

distinction [1] -

86:17

distinguish [1] -

109:7

distracts [1] -

33:14

DIVISION [1] - 1:2

Dixie [2] - 35:4,

35:6

doctor [9] - 83:19,

83:20, 84:2, 84:24,

85:9, 85:15, 86:23,

87:11, 92:17

doctors [6] - 81:18,

81:22, 83:25, 84:7,

84:9, 86:3

document [5] -

21:7, 47:19, 48:2,

60:24, 61:5

documents [5] -

9:4, 11:19, 21:22,

22:11, 48:6

Documents [2] -

21:25, 22:5

dog [5] - 26:14,

115:6, 115:11,

115:13, 115:16

done [11] - 12:17,

32:9, 34:10, 34:11,

47:22, 62:4, 95:7,

97:8, 107:13,

117:22, 120:14

door [5] - 46:25,

47:5, 71:2, 71:11,

84:18

Doug [1] - 4:14

Douglas [1] - 3:8

down [38] - 5:20,

11:20, 17:11, 18:17,

19:2, 21:6, 26:13,

36:4, 36:17, 41:12,

41:20, 48:1, 50:2,

50:14, 54:15, 57:24,

62:6, 63:2, 73:7,

76:13, 84:21, 88:20,

90:8, 112:4, 113:7,

113:12, 115:18,

116:4, 116:7,

116:10, 116:25,

117:6, 117:7,

117:10, 118:3,

122:24, 124:6,

125:4

downstairs [3] -

116:21, 116:23,

117:11

Downtown [1] -

28:10

Dr [29] - 87:1,

87:10, 88:5, 93:14,

93:19, 94:19, 95:6,

96:2, 102:9, 102:18,

104:18, 105:6,

107:11, 107:24,

108:1, 108:3, 108:8,

108:15, 108:17,

108:21, 109:22,

110:18, 119:7,

119:12, 121:1,

121:2, 121:9,

121:11, 121:18

drawing [1] - 86:18

drink [1] - 18:25

drive [3] - 39:19,

41:4, 41:7

driven [1] - 36:17

driveway [13] -

42:23, 50:12, 50:23,

52:1, 53:22, 53:23,

54:8, 54:12, 54:20,

55:10, 56:2, 57:22,

71:2

driving [4] - 37:13,

41:20, 68:1, 112:18

dropping [1] -

24:18

drove [6] - 7:20,

37:15, 39:18, 40:20,

42:7, 57:24

drug [1] - 69:23

dry [1] - 67:6

due [2] - 96:18,

97:23

duly [2] - 4:2,

127:11

during [6] - 5:16,

10:19, 72:24, 86:6,

107:3, 117:13

Eearly [5] - 8:4, 8:5,

8:6, 18:7, 76:9

easily [1] - 51:20

East [5] - 82:16,

82:17, 82:23, 83:6,

86:11

easy [1] - 37:23

edema [1] - 105:15

edge [2] - 100:21,

101:9

education [3] -

24:9, 26:20, 31:24

educator [1] -

114:11

effect [2] - 66:11,

98:6

effective [1] -

113:25

effectiveness [1] -

114:4

effort [4] - 64:23,

74:9, 76:6, 76:7

egress [2] - 43:13,

43:19

either [18] - 5:13,

15:10, 22:10, 25:25,

32:1, 35:11, 41:14,

54:16, 58:11, 59:1,

59:13, 71:4, 75:13,

76:21, 77:19, 96:11,

109:8, 117:10

El [3] - 4:10, 31:3,

31:10

elevators [1] -

116:9

embarrassing [1] -

92:7

employed [1] -

15:18

employee [1] -

17:18

employees [3] -

16:24, 17:3, 43:4

employer [1] -

90:20

employment [2] -

23:15, 30:21

EMS [3] - 74:2,

96:6, 97:16

EMT [5] - 96:16,

96:21, 97:1, 98:4,

99:5

EMTs [3] - 96:11,

96:16, 98:16

encode [1] - 33:7

encouraged [1] -

26:19

end [6] - 5:23,

22:15, 43:20, 77:19,

106:12, 107:5

ended [2] - 24:18,

101:16

engaged [1] - 7:18

enjoy [1] - 15:1

enjoyment [1] -

28:13

enrollment [1] -

28:10

entails [2] - 9:2, 9:3

enter [1] - 43:16

entered [3] - 45:18,

45:24, 49:8

entering [2] -

41:19, 44:2

entire [2] - 57:13,

98:19

entrance [8] - 35:2,

35:7, 35:12, 39:21,

39:23, 40:2, 40:7,

43:13

entry [1] - 71:2

envious [1] - 8:6

epidural [2] -

95:18, 95:19

epidurals [1] -

85:16

equally [1] - 110:21

ER [6] - 86:13,

86:14, 86:20, 86:21,

98:13, 98:15

Ermey [1] - 15:14

essentially [8] -

10:23, 33:5, 33:7,

48:21, 50:10, 55:16,

107:11, 110:20

evaluate [1] - 5:18

event [3] - 13:25,

32:2

events [2] - 68:10,

97:19

everyday [1] - 6:3

ex [1] - 18:8

ex-military [1] -

18:8

exact [1] - 70:6

exactly [8] - 6:4,

7:9, 9:18, 35:5,

54:1, 98:14, 110:23,

125:3

exam [1] - 26:1

Examination [3] -

2:4, 2:4, 2:5

EXAMINATION [3]

- 4:4, 124:24,

125:11

example [4] -

33:24, 46:24, 113:7,

115:8

excluding [2] -

12:10, 12:11

exercises [2] -

107:24, 117:21

exhibit [3] - 38:16,

81:6, 97:7

Exhibit [86] - 2:7,

2:8, 2:8, 2:9, 2:9,

2:10, 2:10, 2:11,

2:15, 21:12, 21:19,

21:23, 22:2, 22:14,

23:5, 23:9, 23:10,

23:12, 26:25, 28:16,

30:24, 31:1, 34:5,

35:23, 35:25, 36:4,

36:16, 36:23, 37:9,

37:10, 38:13, 38:17,

38:19, 39:5, 39:8,

39:16, 40:1, 40:10,

43:8, 48:18, 49:23,

51:13, 51:15, 51:18,

51:20, 51:24, 52:10,

52:16, 55:8, 55:11,

57:14, 57:15, 57:18,

60:20, 60:23, 61:21,

61:25, 62:3, 62:7,

62:18, 62:25, 69:25,

71:3, 71:5, 77:18,

79:3, 79:20, 79:24,

79:25, 80:25, 81:1,

81:8, 81:9, 81:10,

81:15, 84:13, 84:14,

86:1, 86:2, 88:9,

88:16, 97:10, 97:13

Exhibits [3] - 2:7,

35:19, 38:10

exist [1] - 78:23

exited [2] - 49:9,

50:22

expanded [1] -

58:10

experience [8] -

5:10, 20:4, 20:6,

32:19, 34:25, 39:12,

107:6, 123:2

experiencing [2] -

94:14, 119:1

expiration [1] -

9:13

expiring [1] - 127:7

explanation [1] -

34:16

expressed [1] -

132

124:19

extended [5] -

111:18, 111:20,

112:3, 113:5,

114:25

extensive [1] - 29:8

Ffact [7] - 11:8,

38:23, 39:11, 45:12,

67:12, 72:16,

113:18

factual [1] - 5:17

faculty [1] - 114:7

fair [47] - 6:6, 6:12,

7:10, 7:24, 8:1,

8:22, 14:7, 16:1,

17:21, 25:7, 25:11,

31:25, 32:19, 36:14,

36:16, 37:20, 38:24,

40:3, 46:2, 47:25,

49:11, 51:21, 51:23,

53:19, 56:11, 58:8,

66:4, 67:3, 70:21,

76:25, 78:1, 78:7,

78:11, 79:11, 80:15,

82:6, 84:8, 84:10,

91:12, 92:14, 98:11,

101:10, 105:3,

106:10, 110:24,

111:5, 116:24

fairly [2] - 76:10,

124:4

fairness [1] -

110:18

fall [34] - 4:17,

4:24, 9:17, 20:20,

20:21, 20:24, 20:25,

27:4, 57:2, 60:9,

63:6, 64:7, 64:11,

64:13, 64:16, 65:3,

68:12, 68:13, 68:16,

68:18, 69:1, 69:11,

77:6, 86:6, 88:10,

91:13, 96:18, 97:23,

113:24, 117:10,

125:1, 126:4

fallen [3] - 71:21,

72:2, 74:2

falling [2] - 67:24,

68:4

falls [2] - 21:3

familiar [5] - 9:1,

28:7, 56:13, 71:16,

113:1

Family [1] - 87:5

famous [1] - 6:25

fancy [1] - 90:11

far [9] - 5:2, 41:8,

61:14, 67:13, 68:18,

80:2, 91:19, 112:1,

112:5

fault [1] - 38:15

February [4] -

119:17, 119:24,

120:2, 121:19

fee [1] - 9:8

feet [5] - 50:24,

51:10, 71:15, 84:20,

99:16

fell [13] - 5:8,

63:25, 64:4, 68:2,

68:5, 68:10, 72:12,

72:22, 74:1, 75:2,

76:1, 117:13, 118:4

felt [4] - 28:14,

69:13, 100:24,

107:8

few [5] - 13:15,

69:21, 71:24, 117:5,

123:5

field [1] - 28:14

fifth [1] - 50:2

figure [5] - 47:2,

48:1, 56:12, 93:1,

112:11

figuring [1] - 92:12

filed [10] - 4:16,

12:8, 21:13, 21:20,

35:20, 51:16, 60:21,

64:19, 96:13, 97:11

final [2] - 6:14,

120:19

fine [7] - 9:25,

46:21, 69:19, 91:21,

97:7, 99:3, 102:15

finished [2] -

24:19, 116:18

firing [16] - 16:7,

42:23, 42:24, 48:5,

49:24, 50:6, 50:9,

50:13, 52:1, 53:3,

54:4, 56:3, 57:10,

57:15, 63:4, 70:24

first [28] - 4:2, 6:8,

9:20, 10:4, 10:9,

27:22, 34:25, 35:25,

36:18, 36:25, 40:12,

48:8, 51:4, 60:2,

60:9, 61:6, 61:25,

65:4, 68:11, 69:3,

73:5, 83:8, 92:16,

96:4, 97:19, 115:1,

116:15, 127:11

First [2] - 21:23,

22:3

five [7] - 14:3, 14:4,

51:10, 63:2, 64:2,

94:7, 120:13

flex [1] - 60:18

flexed [1] - 69:7

flexion [1] - 123:10

flights [1] - 116:6

floor [3] - 88:19,

116:15, 116:20

focus [1] - 29:13

focused [1] - 33:3

fold [1] - 55:15

follow [7] - 7:3,

10:1, 23:4, 23:10,

92:5, 119:4, 125:13

follow-up [6] - 7:3,

23:4, 23:10, 92:5,

119:4, 125:13

followed [1] -

89:15

following [7] -

30:7, 86:5, 86:24,

89:14, 97:16, 100:3,

102:24

follows [1] - 4:3

foot [4] - 60:18,

64:5, 69:7

FOR [2] - 3:3, 3:7

foregoing [2] -

127:8, 127:14

forgot [1] - 117:17

form [2] - 67:16,

100:12

forth [3] - 6:12, 7:5,

52:24

forward [2] - 34:1,

68:2

foundation [1] -

65:3

four [7] - 27:5,

27:9, 27:10, 63:2,

86:16, 100:1,

112:20

fourth [1] - 62:6

fracture [1] - 79:13

frame [11] - 23:6,

43:7, 46:15, 46:23,

50:25, 55:22, 65:6,

93:8, 95:20, 108:24,

111:7

framework [1] -

65:9

frankly [1] - 28:19

Frazier [1] - 87:23

free [2] - 9:9, 42:4

freelance [4] -

23:19, 28:16, 28:22,

29:3

frequently [4] -

10:8, 27:2, 28:25,

124:4

friendly [1] -

114:23

front [12] - 13:17,

22:17, 70:2, 111:17,

111:19, 112:2,

113:4, 113:11,

113:18, 114:3,

117:5, 118:3

full [4] - 27:11,

27:14, 29:12,

127:15

full-time [3] -

27:11, 27:14, 29:12

future [2] - 30:15,

121:13

Ggain [2] - 22:25,

65:9

game [1] - 21:11

gardened [1] -

111:23

gas [2] - 29:6, 29:7

gate [2] - 13:17,

35:8

gather [1] - 92:2

Gatlinburg [2] -

123:23, 124:9

Gender [1] - 28:3

general [13] -

12:22, 12:24, 20:4,

20:6, 55:8, 59:5,

83:10, 90:2, 98:21,

98:24, 108:6,

112:12, 114:20

generally [16] -

19:17, 22:10, 27:4,

28:23, 34:17, 51:24,

52:3, 55:24, 56:12,

79:9, 94:24, 104:12,

105:23, 106:16,

107:21, 117:7

gentleman [5] -

16:19, 18:3, 18:10,

19:4, 47:6

gestures [1] - 6:11

gist [2] - 80:4, 80:8

given [10] - 4:19,

9:4, 34:16, 45:6,

45:12, 78:6, 78:10,

81:14, 81:22,

127:16

gotcha [12] - 5:9,

12:3, 13:25, 27:24,

58:2, 60:16, 68:18,

85:18, 90:9, 94:18,

100:23, 108:23

gradual [1] - 93:6

gradually [1] -

101:5

graduate [3] -

24:11, 24:20, 25:11

grandson [4] -

31:5, 31:14, 31:21,

115:3

Grange [1] - 29:13

gravel [6] - 35:7,

35:9, 35:10, 36:5,

36:7, 36:9

grease [1] - 84:21

great [2] - 105:6,

107:13

greater [1] - 5:13

green [2] - 53:5,

53:12

grinding [1] - 122:1

grocery [1] - 100:7

Grossfeld [15] -

87:1, 87:10, 96:2,

102:9, 102:18,

104:18, 105:6,

107:11, 107:24,

108:1, 108:15,

109:4, 119:12,

121:1, 121:2

grossfeld [3] -

108:3, 108:8, 119:7

ground [14] -

18:12, 41:17, 42:13,

51:21, 57:25, 60:14,

63:6, 64:11, 66:2,

68:4, 68:8, 68:10,

74:2

Group [1] - 29:11

groups [2] - 26:12,

84:10

growing [1] -

104:24

guess [2] - 8:4,

117:17

guessing [2] -

21:10, 104:14

GUN [1] - 1:8

Gun [6] - 4:15,

7:14, 7:19, 7:23,

35:14, 52:12

gun [24] - 13:18,

13:20, 14:10, 14:20,

15:14, 16:11, 20:3,

20:13, 34:24, 39:8,

40:3, 40:23, 40:24,

40:25, 41:4, 41:7,

41:9, 42:24, 50:13,

70:10, 70:23, 71:1

gun-related [1] -

39:8

guns [2] - 19:23,

20:7

gut [1] - 60:15

gutter [4] - 53:4,

53:11, 53:18, 71:14

guy [6] - 26:15,

94:21, 107:23,

108:9, 108:20,

108:25

Hhalf [11] - 8:25,

9:16, 24:18, 45:25,

46:2, 46:4, 49:2,

49:3, 49:7, 72:23,

72:24

half-an-hour [1] -

72:24

hallway [1] - 86:16

hand [9] - 16:7,

16:23, 21:10, 42:9,

51:18, 60:22, 63:3,

133

127:19

handed [3] - 21:22,

97:12

handgun [1] -

20:11

handicapped [2] -

114:21, 114:23

handicapped-

friendly [1] - 114:23

handle [2] - 96:17,

97:23

happy [3] - 32:24,

91:22, 109:8

hard [2] - 41:5,

100:11

head [5] - 6:11,

70:16, 93:8, 118:12,

122:2

headed [1] - 49:13

health [4] - 90:13,

90:16, 92:12,

107:18

healthcare [16] -

82:2, 83:13, 86:4,

87:7, 88:7, 101:25,

102:7, 103:6,

109:11, 110:11,

117:16, 117:20,

118:13, 118:16,

120:1, 120:21

Healthcare [4] -

90:18, 90:23, 91:8,

118:10

hear [7] - 14:13,

21:2, 54:4, 61:9,

74:23, 114:24,

121:25

heard [3] - 15:2,

15:10, 74:19

hears [1] - 32:22

heavy [1] - 98:7

held [1] - 38:25

help [6] - 18:12,

41:6, 69:17, 104:21,

105:3, 117:23

helped [5] - 18:14,

18:21, 19:4, 19:17,

70:20

helpful [1] - 24:22

helps [1] - 5:18

Henry [2] - 90:4,

90:7

Henryville [1] -

26:7

hereby [1] - 127:7

herself [1] - 108:3

hi [1] - 118:11

high [3] - 24:9,

28:4

High [1] - 24:10

high-demand [1] -

28:4

high-time [1] - 28:4

Highway [4] - 35:4,

35:6, 88:14, 89:20

highway [1] - 35:6

hip [12] - 82:24,

82:25, 83:4, 85:9,

85:10, 85:13, 93:24,

94:3, 94:7, 103:9,

104:8, 117:22

historically [1] -

28:9

hit [6] - 57:24,

60:13, 60:14, 68:8,

70:16, 101:6

hitter [1] - 98:7

hobbies [1] -

111:22

hobble [1] - 18:14

hobbled [2] - 72:6,

72:10

hobbling [1] -

72:15

hobby [1] - 115:2

hoisted [1] - 69:23

hold [2] - 40:25,

61:2

holes [1] - 56:9

Home [1] - 118:9

home [4] - 31:22,

103:23, 117:16,

117:20

honest [1] - 76:4

hope [1] - 126:2

hopping [1] - 72:17

hospital [8] - 83:9,

101:9, 101:15,

101:20, 102:4,

103:2, 103:16,

104:1

Hospital [1] - 86:11

hospitalized [1] -

83:7

hour [11] - 72:23,

72:24, 107:1, 107:3,

107:7, 111:17,

111:20, 112:2,

112:7, 113:5,

113:19

hours [4] - 86:16,

99:24, 100:5, 100:8

house [9] - 34:23,

116:11, 116:13,

116:17, 116:19,

117:5, 117:6,

117:24, 122:23

Houston [1] - 29:5

Hulk [1] - 72:5

hump [5] - 57:23,

57:25, 58:5, 58:7,

58:14

hurt [5] - 83:18,

99:1, 100:22,

100:24, 101:4

Iibuprofen [1] -

123:19

ice [9] - 42:17,

54:15, 54:20, 54:22,

59:24, 66:1, 66:24,

78:13, 88:20

icy [1] - 62:8

ID [2] - 9:7, 16:23

idea [15] - 10:4,

57:17, 57:20, 59:5,

59:6, 65:1, 66:6,

66:10, 74:13, 74:21,

78:25, 90:2, 102:13

identical [1] - 81:9

identification [7] -

21:13, 21:20, 35:20,

51:16, 55:12, 60:21,

97:11

identity [1] - 70:7

Illinois [1] - 24:17

imagine [2] - 96:22,

107:22

immediate [1] -

82:9

immediately [1] -

117:17

implication [1] -

27:12

important [5] -

5:24, 6:15, 32:1,

32:6, 61:8

imposed [1] -

118:14

improve [1] -

110:16

improved [1] -

107:20

improvements [1] -

105:24

INC [1] - 1:8

inch [1] - 59:8

incident [3] - 2:13,

13:15, 14:18

include [1] - 79:15

included [1] -

55:14

incorporate [1] -

26:3

incorrectly [1] -

64:21

increasing [2] -

101:5, 101:10

incur [1] - 39:1

independent [3] -

7:17, 18:5, 35:16

indicate [2] -

102:18, 109:25

indicated [1] -

25:10

indicates [2] -

107:12, 108:16

indication [1] -

19:19

individual [9] -

17:23, 18:21, 19:10,

19:11, 19:17, 32:10,

35:24, 70:9, 71:20

industry [5] - 29:6,

29:7, 29:16, 29:20

infer [2] - 78:7,

78:15

inferring [1] - 68:17

information [16] -

5:17, 15:10, 19:3,

22:25, 23:3, 23:7,

23:10, 23:14, 61:13,

61:18, 81:2, 84:14,

88:16, 92:10, 93:21,

97:22

ingress [2] - 43:13,

43:19

inhibit [1] - 113:15

injured [1] - 69:14

injuries [10] - 39:1,

39:12, 79:9, 79:15,

79:17, 79:22, 80:2,

80:11, 86:5, 86:6

injuring [1] - 85:5

injury [7] - 39:8,

39:12, 71:25, 84:15,

89:8, 89:11, 91:25

inpatient [1] -

102:21

insert [1] - 29:23

inside [2] - 16:10,

16:12

instance [1] - 10:3

instances [1] - 81:1

instantaneous [1] -

93:6

instead [1] - 29:17

institutions [1] -

116:8

instructed [1] -

107:23

insurance [4] -

90:13, 90:16, 96:14,

97:21

interacted [1] -

18:10

interested [1] -

34:23

interesting [2] -

13:23, 14:2

interfere [1] - 33:17

interference [4] -

32:23, 33:4, 33:13,

33:24

internally [1] -

97:15

Internet [1] - 13:6

interpret [1] - 33:11

interpretation [2] -

38:14, 106:17

interpreted [1] -

61:12

Interrogatories [2]

- 21:24, 22:4

Interrogatory [2] -

70:1, 79:19

interrogatory [23] -

23:13, 28:16, 31:1,

34:6, 34:8, 34:12,

34:17, 40:11, 43:8,

48:17, 49:22, 62:24,

79:4, 79:23, 79:24,

81:7, 84:5, 84:12,

86:1, 87:8, 88:5,

88:9, 90:9

interrupt [3] - 51:7,

76:17, 100:10

introduced [1] -

4:13

isolate [1] - 94:5

issue [16] - 74:7,

74:14, 74:18, 94:16,

95:15, 103:10,

109:6, 109:7,

109:12, 109:19,

113:10, 116:10,

121:2, 122:23,

123:2, 123:15

issues [7] - 80:1,

80:21, 92:19,

108:11, 111:1,

118:18, 120:23

Items [1] - 2:12

itself [2] - 62:14,

63:11

IV [1] - 100:18

JJ-O-Y-C-E-L-Y-N

[1] - 31:7

JEFFERSON [1] -

127:3

Jersey [1] - 76:10

job [2] - 5:20,

117:23

joint [1] - 92:21

joking [1] - 98:8

journalism [1] -

24:4

Joycelyn [1] - 31:7

July [3] - 1:13,

93:18, 95:11

jumping [1] - 18:16

June [4] - 93:18,

106:24, 107:10,

123:22

Kkeep [6] - 2:12,

5:16, 9:11, 27:10,

39:24, 45:5

KENTUCKY [2] -

1:1, 127:1

134

Kentucky [7] -

1:16, 1:23, 3:5,

3:10, 4:10, 10:6,

29:13

kept [3] - 72:9,

101:20, 102:21

keying [1] - 80:7

kids [1] - 98:24

kind [26] - 16:10,

20:15, 22:8, 22:25,

23:14, 27:7, 29:1,

35:2, 41:8, 42:23,

48:10, 65:23, 72:9,

81:4, 83:10, 84:2,

89:24, 91:18, 92:8,

93:13, 99:4, 100:11,

100:23, 102:3,

105:23, 114:13

kiosk [4] - 29:16,

29:20, 29:21, 29:24

kitchen [1] - 116:20

knee [5] - 88:20,

89:9, 95:1, 122:15,

122:19

kneel [3] - 122:16,

122:20, 123:1

kneeling [1] -

122:16

Knob [68] - 4:15,

7:13, 7:19, 7:22,

7:24, 8:3, 8:15,

8:21, 8:24, 9:2,

9:21, 10:4, 10:8,

11:2, 11:5, 11:10,

11:11, 12:9, 12:17,

12:21, 12:25, 13:7,

13:11, 13:14, 14:11,

14:14, 14:23, 15:2,

15:12, 15:18, 16:4,

16:25, 17:3, 17:18,

19:12, 19:19, 20:21,

35:1, 35:7, 35:14,

36:18, 37:1, 39:13,

39:21, 40:3, 40:17,

42:16, 43:5, 44:24,

45:15, 48:2, 57:3,

57:6, 64:20, 72:22,

74:4, 74:8, 74:16,

77:14, 78:19, 78:22,

80:3, 85:21, 86:10,

97:14, 124:19

KNOB [1] - 1:8

knowledge [17] -

42:15, 43:12, 47:14,

56:16, 56:19, 56:22,

57:1, 57:5, 61:24,

64:15, 75:24, 77:14,

77:17, 78:6, 78:10,

118:13, 120:9

Kogut [1] - 1:21

kogut.com [2] -

1:24, 1:24

KROKOSKY [9] -

21:16, 33:20, 51:13,

54:25, 97:4, 97:6,

120:12, 124:22,

126:9

Krokosky [8] - 2:4,

2:5, 2:15, 3:8, 4:5,

4:14, 55:12, 125:12

LL3 [1] - 95:12

L4 [2] - 95:12

L5 [3] - 92:22,

95:11, 95:12

lack [1] - 77:5

lady [2] - 98:23,

118:7

laid [6] - 54:24,

55:10, 56:2, 64:24,

86:15, 100:22

language [1] - 34:3

Large [2] - 127:6,

127:23

last [16] - 6:15,

6:25, 28:15, 31:8,

31:11, 37:1, 51:2,

52:13, 52:15, 81:16,

91:18, 97:20,

119:16, 121:18,

124:13

laundry [1] -

116:22

Law [1] - 3:4

law [1] - 1:14

law.com [1] - 3:6

lawsuit [9] - 4:16,

11:6, 11:9, 12:8,

12:14, 12:23, 64:19,

91:25, 92:11

lay [1] - 65:3

laying [2] - 64:11,

99:16

layout [2] - 113:1,

116:13

lead [1] - 92:8

lead-in [1] - 92:8

leading [3] - 34:13,

34:19, 63:25

leaf [2] - 22:8,

33:17

learn [1] - 5:17

learned [1] - 26:3

least [11] - 8:21,

17:18, 23:14, 36:17,

46:2, 58:7, 64:22,

70:19, 72:23, 96:15,

119:3

leave [2] - 54:1,

69:19

leaving [2] - 60:1,

78:18

led [2] - 38:20,

65:25

Lee [1] - 15:14

left [25] - 5:20,

41:11, 41:20, 42:9,

49:12, 53:19, 59:18,

64:5, 68:2, 68:5,

68:8, 71:25, 72:8,

72:9, 73:6, 77:25,

79:14, 85:12, 94:25,

104:4, 106:8,

107:16, 109:23,

118:17, 122:8

left-hand [1] - 42:9

leg [27] - 18:24,

60:17, 69:4, 69:6,

71:25, 72:4, 72:6,

72:9, 72:10, 72:16,

79:14, 80:3, 80:10,

85:12, 95:1, 95:15,

99:13, 100:25,

106:6, 106:8,

107:19, 110:24,

118:17, 119:3,

124:5, 125:9

legal [1] - 90:11

Lehmann [2] -

94:19, 95:6

length [2] - 55:19,

115:17

less [3] - 42:1,

54:3, 72:16

lesser [1] - 5:14

letters [1] - 37:7

level [1] - 26:13

likely [1] - 37:19

Lily [2] - 1:15, 3:9

liminality [1] -

26:11

limit [1] - 27:10

limitations [1] -

112:12

limited [3] - 112:6,

114:2, 123:10

limiting [3] - 20:4,

81:21, 115:9

limits [2] - 39:5,

39:8

limping [3] - 85:11,

87:13

line [23] - 42:23,

42:24, 48:5, 49:23,

49:24, 50:2, 50:6,

50:9, 50:13, 50:21,

52:1, 53:3, 54:4,

56:4, 57:10, 57:15,

61:15, 62:6, 63:1,

63:2, 63:5, 70:24,

97:20

lines [10] - 9:12,

48:6, 49:24, 92:8,

93:21, 94:4, 98:8,

102:17, 117:12,

118:8

list [8] - 79:16,

81:14, 82:5, 86:3,

87:8, 88:3, 111:19,

111:25

listed [2] - 79:19,

88:4

listen [1] - 15:5

listened [1] - 15:11

listening [1] - 15:1

lists [1] - 23:13

live [1] - 31:4

lived [4] - 31:10,

31:18, 31:22, 83:17

LLC [1] - 1:21

located [4] - 16:10,

89:25, 90:3, 98:14

location [1] - 46:11

locations [2] -

83:13, 83:15

look [15] - 6:3, 6:5,

11:19, 25:5, 54:21,

62:2, 62:23, 81:4,

81:10, 84:4, 91:11,

92:4, 95:24, 109:6,

120:15

looked [5] - 13:23,

18:7, 87:2, 93:23,

95:22

looking [15] -

23:12, 26:8, 28:23,

34:5, 40:11, 49:23,

53:10, 63:1, 69:25,

71:3, 90:9, 94:15,

104:13, 106:23,

108:15

Looks [1] - 95:6

looks [18] - 23:13,

27:16, 52:14, 71:8,

89:4, 89:8, 92:19,

93:16, 93:17, 94:25,

95:17, 102:15,

104:1, 104:11,

104:12, 105:21,

119:11, 123:22

loquacious [1] -

7:23

losing [1] - 30:21

lost [3] - 30:4,

30:11, 30:15

Louisiana [4] -

82:20, 83:17, 84:17,

84:25

Louisville [15] -

1:16, 1:23, 3:5,

3:10, 4:10, 23:18,

23:23, 25:17, 26:24,

27:21, 28:10, 82:17,

87:22, 94:19, 116:1

low [3] - 93:9,

93:20, 109:7

low-back [2] - 93:9,

109:7

lower [3] - 80:19,

80:20, 122:13

lumbar [1] - 92:22

Mmachine [5] -

13:18, 13:20, 14:10,

14:20, 15:14

magazine [1] - 24:6

main [6] - 9:7, 29:5,

35:7, 57:23, 116:20,

124:11

male [2] - 18:2,

73:9

man [3] - 16:13,

16:15, 16:16

manager [1] - 5:7

managing [1] -

84:16

manner [1] - 98:9

March [102] - 7:14,

7:19, 8:10, 8:14,

8:18, 9:15, 10:10,

11:1, 11:12, 15:17,

15:23, 16:5, 17:2,

17:17, 18:11, 19:21,

20:5, 20:20, 21:4,

30:3, 30:12, 30:16,

30:22, 31:20, 34:14,

36:19, 40:16, 41:14,

42:16, 43:5, 44:3,

44:9, 44:13, 44:18,

44:22, 45:10, 45:15,

47:11, 47:16, 49:20,

50:18, 51:21, 52:11,

52:15, 53:1, 55:22,

56:4, 56:17, 56:20,

56:24, 57:3, 57:6,

57:12, 57:21, 59:1,

59:10, 59:14, 61:7,

61:21, 63:12, 64:8,

64:16, 64:21, 65:12,

66:20, 74:25, 76:1,

77:15, 78:10, 79:1,

79:11, 79:18, 80:3,

80:12, 80:18, 80:22,

82:3, 82:12, 83:3,

83:7, 83:14, 84:1,

85:5, 85:22, 86:7,

88:7, 91:1, 91:5,

91:13, 96:5, 97:17,

102:1, 102:6, 103:7,

106:21, 109:14,

111:5, 111:8,

111:12, 117:9,

124:20

marijuana [1] -

33:17

mark [13] - 21:9,

21:16, 35:23, 51:11,

51:13, 55:5, 55:6,

55:7, 58:5, 58:22,

97:6

marked [13] -

21:12, 21:19, 21:23,

35:20, 51:15, 51:18,

55:11, 60:20, 60:23,

135

61:21, 97:10, 97:13,

97:20

marks [5] - 58:8,

58:11, 58:15, 58:18

master's [6] -

24:21, 25:13, 25:19,

25:22, 25:24, 26:20

material [1] - 29:6

materials [1] -

11:20

matter [1] - 94:12

mayor [1] - 26:14

McDonald's [1] -

26:15

McLendon [1] -

1:21

McLendon-Kogut

[1] - 1:21

Meadows [2] -

1:14, 3:9

mean [22] - 7:9,

11:18, 12:20, 28:12,

35:14, 51:7, 68:13,

75:21, 76:17, 84:6,

89:23, 93:5, 94:13,

96:12, 96:23, 98:25,

99:8, 100:6, 100:10,

103:3, 111:11,

125:5

meaning [1] -

113:6

means [6] - 10:1,

38:7, 39:2, 39:12,

67:12, 79:5

meant [3] - 38:1,

38:10, 38:13

measures [1] -

110:5

Media [2] - 28:2,

29:11

medical [4] - 86:9,

89:13, 92:2, 95:22

medication [5] -

99:20, 100:9,

100:16, 101:8,

101:14

medications [4] -

104:23, 123:13,

123:14, 123:17

medium [1] - 14:25

member [7] - 8:21,

8:24, 9:3, 9:10,

9:16, 9:19, 114:7

members [2] -

61:11, 124:16

membership [4] -

9:2, 9:5, 9:9, 48:8

memberships [1] -

9:6

mention [1] -

121:20

menu [1] - 29:20

Merit [1] - 127:22

message [6] -

32:12, 32:13, 33:7,

33:8, 33:11, 33:18

met [1] - 4:12

mid [1] - 18:7

middle [5] - 37:20,

54:15, 54:24, 57:22,

106:24

might [7] - 7:1,

14:25, 21:16, 33:12,

39:1, 46:15, 110:21

mile [2] - 35:6,

113:2

military [1] - 18:8

Miller [1] - 1:22

mind [3] - 5:16,

53:6, 113:8

minimal [1] - 28:13

minor [1] - 122:18

minute [2] - 61:2,

103:8

minutes [8] - 14:3,

14:5, 69:21, 94:8,

94:12, 112:7, 113:6,

120:13

minutiae [1] -

113:23

missing [2] - 30:20,

87:8

mixture [1] - 59:24

moment [4] -

30:10, 36:14, 74:17,

79:5

Monday [1] -

102:25

monetary [1] - 89:6

month [2] - 105:1,

108:5

months [5] - 31:19,

105:8, 108:5,

121:20, 123:5

mood [2] - 98:25,

99:4

morning [3] - 8:4,

8:10, 12:2

mornings [3] -

10:14, 10:15, 10:17

most [5] - 6:14,

45:14, 92:22,

112:24, 116:9

motion [1] - 105:15

mound [1] - 54:15

mounds [1] - 54:18

mountains [1] -

124:12

move [1] - 121:24

moved [8] - 10:6,

75:25, 119:4, 119:6,

122:4, 122:13,

125:3, 125:4

movement [1] -

125:8

moving [2] - 77:19,

88:9

MR [15] - 21:14,

21:16, 33:20, 51:13,

54:25, 67:16, 78:14,

97:2, 97:4, 97:5,

97:6, 120:12,

124:22, 125:10,

126:9

MRI [5] - 89:15,

95:7, 95:11, 95:14

multiple [1] - 46:17

Murray [1] - 24:16

must [3] - 36:8,

68:15, 72:6

Nname [18] - 4:7,

4:13, 16:8, 18:1,

31:6, 31:8, 31:14,

70:6, 73:7, 73:11,

81:24, 83:20, 83:22,

89:25, 108:17,

118:7, 118:12,

119:13

named [1] - 92:17

names [8] - 17:5,

43:4, 47:10, 81:21,

81:22, 83:24, 84:9,

84:10

nature [1] - 48:13

Neal [4] - 3:8, 4:13,

112:14, 112:20

neal@

wmrdefense.com

[1] - 3:11

nearby [1] - 70:20

necessary [1] -

105:3

need [12] - 5:15,

6:9, 11:21, 77:12,

91:22, 91:23, 93:24,

110:12, 113:3,

119:4, 121:13,

121:16

needs [1] - 6:10

neighborhood [1] -

115:5

Nelson [1] - 1:22

nerve [1] - 95:3

Networld [1] -

29:11

neurosurgery [1] -

87:22

never [3] - 20:7,

33:3, 75:13

new [6] - 9:14,

19:25, 52:7, 56:8,

56:10, 80:11

New [1] - 76:9

news [9] - 13:10,

13:13, 14:7, 14:9,

14:10, 14:21, 14:22,

24:6, 28:6

next [13] - 50:6,

51:3, 53:17, 68:9,

69:1, 69:5, 69:21,

81:5, 94:18, 101:18,

101:22, 103:20,

105:5

night [4] - 13:21,

13:23, 83:9, 104:21

NO [1] - 1:2

nobody [1] -

109:16

nobody's [1] -

114:14

noise [3] - 33:13,

122:2, 123:9

nonweightbearin

g [4] - 104:1, 104:3,

105:7, 105:8

normally [1] -

55:13

Notary [3] - 2:6,

127:5, 127:23

notary [1] - 22:18

note [6] - 104:13,

105:5, 107:10,

108:15, 109:22,

119:16

notes [1] - 120:15

nothing [12] -

11:17, 12:22, 14:12,

38:22, 39:4, 39:7,

48:15, 66:3, 66:11,

67:6, 115:24,

127:12

notice [1] - 1:13

November [4] -

110:10, 120:7,

121:11, 121:15

Number [38] -

26:25, 31:1, 34:5,

35:25, 36:16, 36:23,

40:10, 43:9, 51:14,

51:19, 51:20, 51:24,

52:10, 52:16, 55:8,

57:14, 57:15, 57:18,

60:23, 61:21, 61:25,

62:3, 62:7, 62:18,

62:25, 70:1, 71:3,

71:5, 77:18, 79:4,

80:25, 81:1, 84:13,

84:14, 86:1, 86:2,

88:10, 97:13

number [26] -

23:13, 27:1, 31:1,

34:6, 34:8, 34:12,

34:17, 40:11, 43:8,

48:18, 49:23, 62:2,

62:7, 62:24, 70:1,

79:4, 79:20, 79:24,

81:7, 84:13, 86:1,

87:9, 88:5, 88:9,

90:10

numerous [1] -

76:11

nurse [1] - 100:5

nurses [1] - 102:10

Oobjection [2] -

67:16, 78:14

observations [4] -

54:7, 54:11, 54:17,

54:19

observe [1] - 41:13

obviously [2] -

5:16, 55:25

occasional [1] -

14:20

occasionally [4] -

14:15, 20:18, 95:2,

122:18

occasions [1] -

95:7

occurred [3] - 80:3,

86:6, 89:19

October [3] -

108:2, 108:3,

108:16

odd [2] - 6:14,

100:11

OF [3] - 1:1, 127:1,

127:3

off-the [1] - 33:22

off-the-record [3] -

21:18, 35:18, 97:9

offense [1] - 97:14

offered [1] - 73:2

office [2] - 49:25,

108:25

Office [2] - 1:22,

3:4

officers [1] - 69:22

offices [1] - 1:14

often [2] - 32:20,

123:4

oil [2] - 29:6, 29:7

Old [2] - 90:4, 90:7

old [2] - 31:16,

31:19

older [1] - 14:25

once [11] - 9:10,

10:12, 10:14, 10:23,

36:17, 37:17, 37:19,

39:24, 90:22,

120:10, 123:5

one [75] - 5:9, 6:4,

14:1, 17:7, 17:8,

17:18, 20:3, 20:8,

22:14, 23:21, 24:7,

27:2, 27:5, 27:6,

28:15, 29:5, 29:11,

30:9, 41:5, 43:12,

43:13, 43:16, 43:17,

46:4, 55:14, 62:20,

62:21, 63:1, 63:22,

64:2, 68:21, 69:21,

136

69:23, 70:9, 70:11,

70:19, 72:7, 73:16,

74:8, 74:11, 75:24,

78:18, 81:5, 81:8,

81:19, 82:1, 82:10,

83:2, 83:18, 87:12,

92:19, 95:18, 96:8,

98:2, 101:14,

104:20, 105:2,

107:7, 108:2, 108:3,

108:25, 109:6,

112:9, 114:24,

117:4, 117:8,

117:13, 119:2,

122:12, 122:13,

122:17, 124:3

one-hour [1] -

107:7

one-step-at-a-

time [1] - 117:8

one-time [1] -

81:19

ongoing [1] - 11:8

online [7] - 12:21,

12:25, 13:1, 13:7,

15:8, 15:13, 30:8

Open [1] - 95:14

open [1] - 78:19

operate [1] - 26:13

operated [1] -

20:21

opinion [3] - 19:19,

45:12, 77:4

opportunity [1] -

92:1

opposed [1] -

10:18

opposite [2] - 27:5,

43:20

opted [1] - 110:3

option [1] - 87:16

oral [2] - 100:18,

100:19

original [1] - 80:25

Orthopaedic [1] -

94:19

Orthopedic [4] -

104:14, 119:13,

119:16, 119:23

orthopedic [1] -

87:1

otherwise [1] -

6:21

outlines [1] - 47:19

outset [2] - 9:4,

125:14

Outside [1] - 88:4

outside [7] - 13:16,

14:8, 16:11, 53:22,

71:1, 106:10,

124:18

over-the-counter

[1] - 123:16

overlap [2] - 27:19,

27:20

overnight [1] -

101:20

own [7] - 4:21,

19:25, 20:2, 20:7,

38:15, 120:4

Pp.m [3] - 120:17,

126:10

packed [8] - 54:12,

54:15, 59:3, 59:4,

59:6, 59:20, 59:22,

76:12

packed-down [1] -

54:15

Page [1] - 2:2

page [7] - 31:2,

62:2, 77:2, 79:6,

84:5, 97:19

pages [1] - 22:15

paid [5] - 28:12,

30:7, 96:12, 96:13,

96:14

pain [36] - 80:19,

80:20, 85:14, 85:17,

85:23, 85:24, 92:25,

93:3, 93:9, 94:14,

95:1, 95:3, 99:6,

99:19, 100:9,

100:15, 100:20,

101:2, 101:8,

101:14, 103:1,

103:4, 103:5, 103:9,

103:15, 104:12,

104:20, 104:22,

105:2, 107:6,

122:18, 123:2,

123:13, 123:14,

123:15

pains [1] - 94:5

pair [1] - 44:19

pants [2] - 60:17,

69:6

paper [1] - 93:23

papers [2] - 29:14,

29:15

paragraph [3] -

34:14, 62:3, 62:6

paragraph-long [1]

- 34:14

paramedics [1] -

18:18

parameters [1] -

112:12

park [6] - 40:12,

40:22, 41:8, 41:23,

113:2, 114:18

parked [3] - 43:7,

50:11, 52:19

parking [7] - 41:21,

41:22, 112:25,

113:7, 114:16,

114:17, 114:20

Parkway [1] - 1:22

part [7] - 5:19,

9:23, 38:16, 38:19,

85:5, 91:25, 100:11

particular [3] -

10:17, 11:17, 124:3

particularly [2] -

12:22, 92:6

pass [3] - 29:22,

39:24, 100:6

passed [1] - 102:4

passing [1] - 99:8

past [6] - 27:9,

39:18, 39:23, 41:4,

41:7, 41:11

patch [1] - 62:8

Patel [1] - 120:4

path [23] - 36:2,

42:3, 42:5, 43:23,

45:23, 46:5, 48:21,

49:3, 49:7, 49:12,

50:5, 50:8, 54:3,

54:24, 64:25, 65:17,

65:18, 67:9, 67:14,

71:20, 72:15

pathway [6] -

57:24, 75:12, 75:20,

75:23, 77:13, 78:17

Patient [2] - 94:24,

97:21

patron [1] - 9:19

pattern [1] - 6:15

paved [1] - 36:8

pavement [1] -

84:20

pay [2] - 9:8, 91:10

people [16] - 14:25,

17:5, 26:13, 26:18,

28:11, 34:2, 47:10,

48:4, 64:9, 69:16,

69:23, 70:7, 70:12,

70:18, 100:6, 102:4

per [1] - 27:1

percent [6] - 16:17,

53:17, 70:13,

106:19, 107:20,

110:15

perfect [1] - 52:8

perform [1] - 117:1

period [11] - 72:24,

73:25, 75:5, 102:22,

107:3, 107:7,

111:18, 111:21,

112:3, 113:5,

113:15

periods [1] -

114:25

permanence [1] -

118:18

permanent [1] -

118:17

permit [1] - 114:18

person [15] - 16:6,

16:8, 16:10, 17:7,

17:24, 18:8, 22:22,

32:11, 70:7, 70:18,

70:20, 73:17, 73:20,

84:2, 117:20

personal [2] -

91:25, 92:11

personally [2] -

99:14, 113:20

pertaining [1] -

14:8

phone [4] - 22:22,

33:9, 98:23, 99:18

photo [1] - 29:23

photograph [1] -

71:17

photographs [2] -

35:24

photos [1] - 29:24

phrase [1] - 38:25

physical [9] -

16:18, 18:5, 68:3,

105:14, 105:19,

107:14, 107:16,

111:22, 117:14

physician [3] -

89:16, 99:25, 100:2

physicians [1] -

83:12

picking [1] - 80:7

picture [6] - 41:6,

71:8, 98:22, 99:9,

99:12, 99:17

pictures [1] - 13:22

piece [17] - 54:22,

55:4, 55:7, 55:9,

55:16, 56:2, 56:13,

56:17, 56:19, 56:23,

57:12, 59:1, 59:9,

59:13, 78:19, 93:23,

125:2

pill [2] - 104:20,

105:2

pinpoint [4] -

92:25, 93:13, 94:11,

94:14

pinpointed [1] -

94:12

place [4] - 73:5,

96:18, 97:24, 127:9

placed [3] - 66:13,

78:8, 78:12

placement [2] -

75:2, 75:10

places [2] - 83:7,

115:25

placing [1] - 74:18

plague [1] - 108:12

Plaintiff [2] - 43:9,

63:3

plaintiff [1] - 63:5

PLAINTIFF [2] -

1:4, 3:3

Plaintiff's [3] -

21:23, 22:2, 79:15

plan [2] - 57:9,

105:13

planted [1] - 114:2

play [2] - 5:5,

112:21

played [2] - 111:24,

112:20

players [1] - 70:8

Plaza [1] - 1:22

pleasure [1] -

92:11

PLLC [3] - 1:15,

3:4, 3:9

plow [1] - 76:11

plowed [5] - 41:25,

42:3, 42:10, 42:13,

76:15

point [33] - 8:14,

20:19, 29:11, 39:23,

40:2, 40:7, 43:13,

43:19, 44:1, 44:8,

45:10, 45:13, 48:11,

58:21, 63:25, 70:11,

70:14, 70:15, 71:4,

77:9, 83:18, 91:9,

93:12, 99:6, 102:8,

104:20, 107:12,

107:25, 108:8,

121:6, 123:12,

123:17, 124:13

points [1] - 46:18

poking [2] - 60:18,

69:8

policies [3] - 47:20,

48:3, 48:12

policy [3] - 47:17,

47:18, 47:21

political [1] - 33:1

poor [2] - 58:12,

78:9

Porter [5] - 104:15,

108:2, 118:19,

118:22

porter [2] - 119:12,

121:18

portion [3] - 43:14,

49:12, 49:15

portions [1] - 19:7

portray [1] - 110:16

position [1] -

114:10

positioned [1] -

57:20

possession [2] -

45:3, 62:19

possibility [6] -

53:16, 78:18, 78:21,

78:23, 121:3, 121:4

possible [5] - 34:3,

137

91:7, 98:10, 110:1,

120:23

possibly [1] - 88:5

post [3] - 50:25,

51:4, 53:18

posted [1] - 48:9

posterior [2] - 95:1

postpone [1] -

124:6

potential [1] - 75:6

practice [2] -

84:10, 119:14

precise [4] - 34:3,

38:24, 40:14, 126:1

precisely [2] - 32:1,

125:25

precision [1] - 32:5

preliminary [1] -

17:13

premises [3] -

13:17, 14:9, 20:21

premiums [1] -

91:10

preparation [2] -

5:14, 11:24

prepare [1] - 11:15

prescription [1] -

123:13

presence [1] -

127:14

presentation [1] -

33:15

presented [2] -

67:8, 67:14

pressure [1] - 72:3

Preston [2] - 88:14,

89:20

presume [6] - 9:10,

13:4, 18:2, 49:2,

73:20, 86:13

pretty [13] - 18:23,

18:25, 19:5, 27:9,

29:8, 43:15, 70:11,

70:14, 81:18, 90:18,

98:25, 99:4, 103:3

prevented [1] -

66:19

previous [1] -

97:18

primarily [2] -

29:14, 85:3

primary [3] - 81:14,

81:16, 82:5

principle [1] -

32:14

print [3] - 15:9,

29:21, 29:24

printed [1] - 29:17

private [1] - 35:1

probability [1] -

121:3

problem [7] -

41:18, 56:23, 83:2,

93:1, 95:4, 104:24,

113:3

problems [5] -

42:7, 45:8, 85:10,

107:3, 118:23

procedure [1] -

102:19

procedures [2] -

48:4, 48:12

process [5] - 5:13,

5:16, 9:23, 33:5,

119:10

produces [1] - 29:6

product [1] - 29:1

Production [2] -

21:24, 22:4

professor [1] -

27:14

prognosis [2] -

108:13, 118:20

program [1] - 25:24

ProHealth [1] -

106:3

project [1] - 26:2

prong [1] - 107:13

pronoun [1] - 18:2

ProRehab [9] -

87:4, 105:18,

105:22, 106:3,

106:13, 106:25,

107:17, 107:23,

117:15

provided [2] -

65:17, 81:2

provider [8] -

94:18, 103:6,

109:11, 110:11,

118:14, 118:16,

120:1, 120:21

provider-imposed

[1] - 118:14

providers [10] -

81:14, 81:16, 82:2,

82:6, 86:4, 87:7,

88:4, 88:7, 101:25,

102:7

provides [1] - 23:9

proviso [1] - 61:8

Public [2] - 127:5,

127:23

public [4] - 22:18,

24:4, 32:14, 35:1

pull [2] - 41:7,

60:17

pulled [2] - 41:15,

69:6

purchased [1] -

48:16

purpose [3] - 7:6,

122:7, 127:10

purposes [1] -

92:10

pursuant [1] - 1:13

put [5] - 56:16,

72:3, 78:19, 106:21,

121:2

putting [2] - 74:13,

105:10

Qquestions [31] -

15:23, 17:10, 17:11,

17:13, 19:24, 21:8,

22:9, 22:24, 23:4,

24:7, 26:25, 30:2,

34:7, 37:25, 40:14,

55:22, 61:12, 65:9,

77:19, 92:5, 92:9,

97:18, 100:14,

115:1, 120:19,

124:23, 125:13,

125:15, 125:22,

125:25, 126:9

quick [1] - 94:9

quiet [1] - 121:24

quite [2] - 76:23,

115:20

RRace [1] - 28:2

radio [6] - 15:1,

15:2, 15:4, 15:6,

15:9, 33:9

raised [1] - 121:20

ramp [2] - 84:18,

84:19

ran [2] - 30:8, 69:16

Range [5] - 4:15,

7:14, 7:19, 7:23,

35:14

RANGE [1] - 1:8

range [10] - 9:8,

10:7, 16:7, 25:6,

34:24, 40:3, 69:22,

70:10, 97:14,

105:15

rather [3] - 9:8,

76:25, 119:10

ray [2] - 94:15,

94:16

rays [3] - 93:23,

95:24, 96:1

reaction [1] - 69:18

read [16] - 13:10,

13:13, 14:8, 34:8,

37:4, 37:12, 37:13,

37:15, 38:6, 62:3,

62:9, 62:11, 63:7,

63:9, 79:5, 127:17

Reading [1] -

105:13

reading [3] - 14:11,

48:17, 97:25

reads [1] - 97:21

real [1] - 102:11

really [8] - 45:16,

48:11, 66:5, 66:12,

67:5, 72:4, 84:2,

124:11

Realtime [1] -

127:23

reask [1] - 103:11

reason [7] - 10:17,

11:4, 23:5, 47:14,

70:5, 87:11, 96:20

reasons [1] - 11:11

receive [4] - 25:19,

33:11, 89:6, 89:13

received [4] - 25:4,

48:2, 48:5, 83:13

receiver [2] -

32:22, 33:10

receives [1] - 32:12

recent [1] - 23:14

reception [1] -

33:18

recess [2] - 55:2,

120:17

recipient [1] -

32:11

recognize [4] -

17:25, 71:6, 73:18

recognized [1] -

36:3

recognizing [1] -

112:12

recollection [12] -

7:17, 11:22, 18:5,

35:17, 39:19, 61:20,

67:4, 70:19, 98:2,

98:5, 103:18,

103:19

recommended [1] -

85:16

record [23] - 4:7,

4:13, 21:18, 33:20,

33:22, 33:25, 35:18,

36:12, 54:25, 55:4,

92:16, 92:20, 95:10,

96:4, 96:6, 96:8,

97:2, 97:9, 106:23,

110:9, 110:19,

120:6, 122:8

records [10] - 86:9,

92:2, 92:4, 95:23,

97:16, 100:13,

102:23, 103:19,

106:17, 108:1

red [1] - 37:6

reduced [1] -

127:13

refer [1] - 108:16

reference [9] -

23:6, 43:8, 46:15,

46:24, 50:23, 51:1,

57:18, 65:7, 71:5

references [2] -

30:25, 70:4

referencing [1] -

97:3

referral [1] - 109:3

referred [4] - 85:15,

87:10, 87:15, 108:9

referring [3] - 36:6,

36:14, 55:10

reflect [1] - 34:18

refresh [1] - 11:22

regard [1] - 76:8

regarding [4] -

4:16, 14:9, 74:8,

96:10

regardless [1] -

54:1

Registered [1] -

127:22

regular [1] - 122:20

regularly [1] -

123:1

rehab [3] - 87:4,

89:18, 89:22

related [12] - 6:8,

12:22, 39:8, 76:20,

79:18, 88:22, 89:8,

96:5, 103:9, 116:11,

118:18, 120:24

relates [2] - 79:9,

96:9

remain [1] - 63:14

remember [44] -

4:22, 8:2, 8:9,

11:21, 16:8, 16:13,

16:21, 18:20, 24:13,

35:13, 44:17, 45:22,

50:21, 52:11, 55:21,

56:1, 58:25, 60:13,

63:18, 64:4, 64:6,

68:1, 69:2, 70:13,

81:21, 82:14, 83:20,

83:24, 89:22, 89:23,

89:25, 90:23, 98:15,

98:20, 101:24,

102:11, 103:13,

118:2, 118:7,

118:11, 119:8,

120:3, 125:14,

125:17

remove [1] - 119:5

removed [1] -

122:6

renew [1] - 9:11

rent [2] - 20:3,

124:4

rented [2] - 20:8,

124:5

repeat [1] - 23:3

replacement [8] -

82:24, 83:4, 85:10,

93:24, 94:7, 103:10,

104:8, 117:23

Reporter [2] -

127:22, 127:23

138

reporter [6] - 5:19,

21:9, 21:21, 35:22,

51:11, 51:18

Reporting [1] -

1:21

represent [2] -

4:15, 51:19

representation [2]

- 22:21, 55:9

Representations

[1] - 28:2

request [1] -

127:16

Request [2] -

21:24, 22:4

Requested [1] -

2:12

required [1] - 47:15

requires [1] -

122:21

research [4] -

12:17, 12:24, 13:7,

32:9

researched [1] -

12:21

respect [22] -

15:11, 15:16, 17:23,

19:4, 19:6, 26:23,

30:3, 32:5, 46:3,

49:11, 64:19, 73:25,

74:4, 76:14, 100:24,

102:2, 107:19,

109:5, 113:10,

114:16, 120:23,

124:19

response [5] -

34:16, 79:19, 79:23,

87:8, 94:4

responses [1] -

21:15

Responses [2] -

21:23, 22:3

responsible [3] -

19:12, 19:20, 39:1

rest [2] - 14:3, 14:5

restaurant [5] -

4:25, 5:7, 29:19,

48:10, 118:11

restrictions [1] -

118:14

result [4] - 30:11,

30:15, 30:21, 80:11

resulted [1] - 85:23

retained [2] - 2:15,

55:12

retrieved [1] -

53:20

retrospect [5] -

64:24, 74:12, 74:20,

75:5, 75:22

returned [1] - 24:19

reverse [1] - 48:22

rhetorical [1] -

75:19

RICHARD [4] - 1:4,

1:12, 4:1, 127:8

Richard [3] - 4:8,

85:15, 92:17

Richardson [2] -

1:15, 3:9

ride [1] - 101:2

rifle [5] - 20:12,

20:13, 20:17, 50:5,

53:21

right-hand [2] -

42:9, 63:3

ring [1] - 108:17

RMR [1] - 1:21

road [18] - 35:1,

35:2, 35:7, 35:9,

35:10, 35:11, 36:4,

36:5, 36:7, 36:9,

36:17, 36:25, 39:20,

41:14, 41:17, 42:7

Road [5] - 1:15,

3:9, 29:13, 90:4,

90:7

rod [1] - 119:3

role [1] - 5:5

room [6] - 12:2,

33:14, 101:16,

102:11, 116:22,

126:6

roughly [1] - 10:4

round [1] - 10:24

route [5] - 34:22,

34:23, 45:25, 46:3,

46:4

rubbing [1] - 122:2

rules [1] - 48:13

running [1] - 44:16

running-type [1] -

44:16

SS1 [2] - 92:22,

95:12

safe [6] - 65:17,

67:14, 70:5, 75:19,

90:25

safely [1] - 65:13

safer [1] - 77:11

salt [1] - 67:1

salted [4] - 76:15,

77:12, 77:15, 78:20

Sam's [4] - 88:10,

88:14, 88:18, 89:14

sand [1] - 26:14

sat [3] - 18:17,

21:6, 73:5

Saturday [6] - 8:8,

10:14, 10:15, 10:17,

10:21, 107:1

save [1] - 30:1

saw [21] - 13:22,

14:17, 61:5, 61:20,

61:25, 64:7, 64:9,

64:11, 64:13, 82:2,

83:19, 83:25, 85:9,

85:15, 86:21, 86:25,

99:25, 118:10,

121:11

schedule [1] - 27:7

scheduled [1] -

120:21

school [2] - 24:9,

24:21

School [1] - 24:10

sciatica [8] - 85:11,

85:14, 94:22, 95:3,

103:4, 103:9, 109:5,

109:6

sciatica/back [1] -

109:19

science [1] - 33:1

scraped [2] -

77:12, 77:15

screw [12] - 119:6,

120:24, 121:20,

122:2, 122:4, 122:8,

122:11, 122:15,

122:16, 122:19,

123:6, 123:8

screws [4] - 119:2,

119:3, 119:5,

122:12

season [1] - 28:4

second [12] - 6:8,

31:2, 33:21, 34:8,

53:18, 53:20, 55:1,

55:6, 61:2, 62:25,

95:19, 120:14

seconds [1] - 94:7

section [4] - 53:17,

54:24, 55:14, 58:1

secure [3] - 75:12,

75:20, 75:23

see [33] - 14:13,

20:24, 21:25, 22:5,

28:5, 37:6, 37:23,

49:25, 50:14, 52:10,

52:14, 54:21, 59:9,

60:18, 62:9, 63:7,

66:22, 66:24, 67:1,

69:7, 77:20, 78:16,

80:25, 86:23, 88:19,

92:5, 93:1, 97:2,

97:25, 100:2, 102:3,

108:8, 110:19

seeing [8] - 14:22,

22:10, 36:22, 48:9,

48:14, 53:21, 66:19,

78:23

seem [3] - 94:3,

100:20, 102:18

seized [1] - 84:23

semester [5] -

27:1, 27:2, 27:5,

27:6, 27:22

semiannual [3] -

13:18, 13:20, 14:10

send [2] - 33:7,

91:10

sense [7] - 35:3,

63:24, 68:14, 71:7,

88:17, 108:13,

113:24

sent [4] - 21:8,

22:25, 96:12,

103:22

separate [2] -

13:22, 86:22

separated [1] -

49:25

separates [2] -

42:23, 50:12

September [3] -

95:17, 95:18, 127:7

sequence [1] -

68:10

series [1] - 85:16

seriously [1] -

33:19

Service [1] - 1:21

sessions [1] -

117:14

set [4] - 12:3,

26:25, 94:9, 97:20

Set [2] - 21:24, 22:3

setting [1] - 98:13

settled [1] - 89:4

seventh [1] - 63:2

several [1] - 126:5

Sexuality [1] - 28:3

shape [1] - 18:7

sharp [1] - 101:1

Shield [2] - 90:14,

91:1

shirt [3] - 33:16,

44:20, 124:10

shock [3] - 70:14,

96:24, 99:8

shoes [11] - 2:12,

44:12, 44:14, 44:16,

44:21, 44:24, 45:2,

45:5, 45:9, 45:14

Shoney's [4] -

84:16, 85:4, 85:7,

85:21

shoot [10] - 13:18,

13:20, 13:21, 13:23,

14:10, 14:20, 15:14,

16:22, 20:3, 20:9

shooting [3] - 14:4,

14:8, 14:18

shoots [2] - 47:17,

47:23

shop [13] - 16:11,

40:3, 40:24, 41:4,

41:7, 41:9, 42:24,

50:13, 52:12, 70:23,

71:1

shops [1] - 124:10

short [1] - 116:6

shorten [1] - 7:22

shorthand [1] -

127:13

shot [6] - 13:16,

14:19, 38:15, 38:21,

39:5, 99:15

shoulder [1] - 72:9

shoved [1] - 104:9

shoveled [2] - 42:3,

42:10

shoveling [1] -

26:14

show [1] - 16:23

showed [1] - 94:16

showing [1] -

105:23

shows [1] - 40:25

sic [1] - 87:20

side [16] - 35:11,

41:8, 41:11, 41:14,

51:6, 52:19, 52:20,

54:16, 59:1, 59:13,

63:3, 68:5, 68:8,

69:8, 76:21

sidewalk [1] -

117:6

sight [3] - 17:25,

70:10, 73:18

sign [31] - 16:22,

29:17, 35:12, 35:13,

36:13, 36:22, 36:25,

37:4, 37:12, 37:13,

37:22, 38:1, 38:4,

38:7, 38:9, 38:13,

38:17, 38:19, 39:4,

39:7, 39:16, 39:18,

39:24, 40:1, 43:10,

46:18, 47:4, 47:15,

52:12, 127:17

sign's [1] - 52:7

sign-in [1] - 47:4

signage [1] - 29:15

signature [1] -

22:15

signed [3] - 22:17,

22:19, 46:11

signs [4] - 35:11,

40:7, 48:9, 48:13

SIM [1] - 29:23

Simmons [7] -

23:18, 27:17, 27:22,

27:25, 28:7, 116:2,

116:3

simply [4] - 37:9,

78:19, 104:3,

113:23

single [1] - 107:13

single-prong [1] -

107:13

sit [4] - 6:3, 11:20,

30:19, 66:7

139

site [2] - 78:6,

78:10

sitting [5] - 14:5,

73:23, 113:12,

114:2, 122:24

situated [1] -

117:24

situation [2] -

96:23, 114:16

situations [2] -

30:9, 72:7

six [4] - 24:2, 27:8,

31:19, 63:2

size [1] - 55:16

skin [2] - 60:19,

69:8

Slaw [1] - 97:14

SLAWSKY [4] -

1:4, 1:12, 4:1, 127:8

Slawsky [31] - 2:7,

2:8, 2:8, 2:9, 2:9,

2:10, 2:10, 2:11,

2:12, 4:8, 4:12,

21:12, 21:19, 21:21,

31:9, 33:23, 35:19,

35:23, 51:15, 51:17,

55:3, 55:11, 60:20,

60:22, 64:13, 93:19,

97:10, 97:12,

110:20, 120:18,

125:14

sleep [2] - 104:21,

105:3

slid [1] - 88:19

slightly [1] - 84:14

slip [8] - 4:17, 4:24,

20:20, 20:25, 57:2,

62:13, 63:5, 63:13

slip-and-fall [2] -

4:24, 57:2

slip-and-fall-type

[1] - 4:17

Slipped [1] - 62:7

slipped [7] - 5:8,

63:5, 63:12, 63:15,

84:22, 125:7, 125:8

slips [1] - 21:3

small [3] - 28:10,

84:19, 89:7

Smith [1] - 20:17

snack [1] - 52:12

snow [27] - 8:16,

8:18, 41:16, 42:1,

42:4, 42:11, 42:12,

42:17, 54:12, 54:15,

54:16, 54:18, 54:22,

59:3, 59:4, 59:6,

59:20, 59:22, 59:24,

64:23, 66:1, 66:22,

76:13, 77:20, 77:24,

78:8, 78:13

snowed [1] - 45:13

snowing [2] - 8:12,

41:16

social [1] - 26:12

softball [1] -

112:20

soldier [1] - 34:1

solely [1] - 92:8

soliciting [1] -

61:13

someone [6] -

32:21, 38:23, 40:13,

70:5, 70:6, 74:4

sometime [2] -

61:21, 124:6

sometimes [3] -

17:9, 94:5, 94:11

somewhere [3] -

29:17, 37:20, 104:9

sonogram [1] -

95:13

soon [1] - 60:14

sore [1] - 123:8

sorry [5] - 19:23,

42:6, 81:6, 86:5,

100:11

sort [26] - 10:21,

12:17, 13:6, 18:12,

25:25, 26:1, 26:11,

30:4, 30:14, 32:9,

36:1, 44:12, 44:20,

47:19, 57:2, 63:3,

63:22, 68:17, 84:19,

87:14, 93:21, 97:20,

99:19, 101:5,

114:17, 117:8

sorts [8] - 12:24,

13:2, 13:13, 26:19,

29:25, 32:16, 35:11,

116:21

sound [5] - 7:14,

87:25, 92:23, 95:20,

105:16

sounded [1] -

25:13

sounds [5] - 99:5,

99:23, 101:13,

101:19, 108:4

sources [2] -

15:10, 90:10

South [1] - 3:4

spaces [1] - 114:21

span [1] - 57:13

spans [1] - 79:6

speaker [3] - 33:6,

38:24, 126:1

speaking [11] -

15:17, 16:24, 17:3,

24:4, 32:15, 40:14,

50:17, 52:4, 56:12,

70:13, 107:21

speaks [2] - 32:11,

32:21

special [1] - 114:17

specialist [1] - 87:1

Specialists [4] -

104:14, 119:13,

119:17, 119:23

specific [17] - 22:9,

23:4, 28:2, 46:5,

56:1, 66:3, 66:9,

69:18, 70:8, 75:9,

84:9, 98:5, 100:14,

106:1, 112:16,

117:19, 121:23

specifically [30] -

11:19, 14:12, 19:15,

36:13, 40:9, 43:25,

44:4, 48:15, 53:24,

59:7, 59:21, 59:25,

60:12, 64:1, 65:21,

71:23, 76:7, 77:23,

80:2, 89:23, 95:3,

98:11, 102:5,

107:22, 109:18,

109:21, 112:13,

113:9, 119:9, 125:7

specifics [6] -

14:16, 79:16, 83:11,

90:24, 102:11,

112:22

speech [1] - 6:3

spent [2] - 76:9,

83:8

spin [3] - 68:13,

68:16, 68:18

spine [1] - 92:22

spinning [1] -

60:13

spoken [3] - 12:4,

12:7, 126:6

sponsor [1] - 15:4

spring [3] - 27:4,

27:23, 30:7

spun [1] - 68:7

SS [1] - 127:2

stack [2] - 51:3,

51:4

stacked [1] - 52:23

staff [2] - 61:11,

124:16

stairs [7] - 112:4,

113:7, 115:25,

116:4, 116:7,

116:10, 116:25

stamped [1] -

16:23

stamps [1] - 16:6

stand [12] - 43:10,

47:4, 48:17, 54:24,

55:13, 56:6, 56:14,

111:17, 111:19,

112:2, 113:14,

113:18

standing [4] -

42:12, 112:6, 113:4,

113:11

standpoint [1] -

92:7

staple [1] - 97:7

start [8] - 11:15,

15:20, 22:13, 49:24,

52:8, 74:18, 79:21,

105:10

started [12] - 10:9,

53:23, 54:8, 59:16,

65:7, 65:11, 65:19,

66:8, 77:22, 78:1,

93:9, 103:14

starting [2] - 10:24,

107:6

starts [2] - 79:14,

121:21

state [1] - 4:7

State [3] - 24:16,

127:6, 127:23

STATE [1] - 127:1

statement [2] -

96:21, 98:3

station [2] - 15:4,

15:6

stationary [1] -

63:14

status [1] - 107:18

stay [2] - 61:11,

61:17

stayed [2] - 44:5,

124:7

step [12] - 60:2,

60:9, 60:12, 64:5,

65:4, 68:12, 68:13,

68:16, 68:18, 117:4,

117:8

stepped [1] - 63:4

stepping [2] -

125:2, 125:6

steps [12] - 63:18,

64:1, 65:20, 65:24,

65:25, 67:21, 71:24,

117:5, 117:6, 117:7,

118:3

Stevens [1] - 20:10

sticker [1] - 114:17

sticking [1] - 79:3

still [13] - 15:1,

30:24, 45:2, 73:17,

99:17, 105:7, 106:6,

107:20, 115:16,

117:1, 117:2, 119:1

stop [1] - 38:3

stopped [4] - 37:4,

37:5, 37:12, 59:12

stopping [1] - 44:1

store [23] - 13:1,

43:9, 43:14, 43:19,

43:24, 44:2, 45:18,

45:20, 45:24, 46:10,

46:18, 47:8, 47:11,

47:15, 48:4, 48:10,

48:25, 49:8, 49:9,

49:13, 49:20, 50:24,

100:7

stories [12] - 13:10,

13:13, 13:19, 14:7,

14:9, 14:11, 14:13,

14:17, 14:21, 14:22,

15:9, 15:11

story [1] - 116:14

straight [5] - 39:20,

39:25, 43:23, 50:21,

54:3

strange [1] - 67:24

Street [2] - 3:4,

124:9

street [2] - 35:5,

90:8

stretch [1] - 91:19

stretcher [1] -

86:15

strike [1] - 59:16

strip [1] - 124:11

strippers [1] -

124:10

student [1] - 114:5

students [1] -

33:15

studies [2] - 29:15,

33:2

stuff [4] - 17:13,

40:25, 98:21,

116:23

subsequent [1] -

110:9

substance [1] -

78:12

succinct [2] -

24:23, 28:22

Suite [4] - 1:15,

1:22, 3:4, 3:9

summarize [1] -

106:16

summary [3] -

24:24, 97:19,

105:12

summer [3] - 27:4,

27:6, 124:6

Sunday [1] - 10:20

Sundays [1] -

10:20

supervisor [1] -

114:7

supplemental [2] -

21:14, 81:2

Supplemental [1] -

22:3

supported [1] -

26:18

suppose [1] -

123:5

surface [4] - 59:20,

60:6, 66:20, 67:4

surgeon's [1] -

81:24

surgeries [4] -

140

82:11, 82:15, 82:19,

121:6

surgery [30] - 75:8,

75:11, 82:22, 83:2,

83:5, 85:13, 94:8,

101:22, 102:6,

102:13, 102:15,

102:21, 103:1,

103:14, 106:12,

110:1, 110:3,

110:12, 110:13,

110:14, 110:21,

114:20, 114:22,

117:18, 118:1,

119:5, 120:24,

121:2, 121:13,

121:16

surgical [2] -

85:14, 103:5

surrounding [1] -

42:1

sustained [1] -

79:10

sweatpants [2] -

44:19, 69:5

sweet [2] - 93:14,

93:19

Sweet [2] - 85:15,

92:17

swell [1] - 106:6

swelling [2] -

106:10, 119:1

switch [1] - 91:18

sworn [2] - 4:2,

127:11

TT-shirt [2] - 33:16,

124:10

talks [2] - 88:10,

90:10

target [8] - 43:10,

47:4, 48:16, 54:23,

55:13, 56:6, 56:14

targets [2] - 51:2,

52:24

taught [2] - 24:1,

27:9

teach [9] - 23:24,

24:3, 24:5, 26:25,

27:1, 113:11,

114:18, 117:25,

118:3

teacher [2] - 114:1,

114:4

teaching [3] - 27:3,

27:24, 113:16

technically [1] -

27:13

television [3] -

14:14, 14:23, 15:8

ten [2] - 14:5, 31:11

tend [1] - 90:20

tendon [1] - 122:1

Tennessee [1] -

123:24

tennis [5] - 44:14,

44:21, 44:24, 45:9,

45:14

term [4] - 32:23,

32:24, 43:1, 118:24

terms [4] - 27:19,

67:19, 106:2,

107:19

testified [2] - 4:2,

53:25

therapy [5] -

105:14, 105:19,

107:14, 107:16,

117:14

therapy-type [1] -

105:19

thereabouts [1] -

123:23

thesis [2] - 26:4,

26:5

they've [3] - 29:18,

29:19, 119:2

thinking [2] -

42:22, 66:7

thinks [1] - 61:14

third [1] - 50:25

thirds [1] - 55:17

Thomas [2] -

87:18, 94:19

three [8] - 10:12,

22:15, 23:17, 27:4,

63:2, 64:2, 71:15,

84:20

threshold [1] -

84:20

threw [1] - 72:8

throw [1] - 51:12

thumbnail [2] -

20:5, 29:1

tire [6] - 54:13,

54:16, 54:18, 58:8,

58:15, 76:12

tires [1] - 54:14

today [7] - 7:13,

12:5, 21:6, 30:20,

66:7, 91:2, 120:18

today's [2] - 11:16,

11:25

together [2] - 7:13,

119:12

ton [1] - 99:6

took [25] - 19:2,

20:10, 30:6, 33:3,

42:3, 42:8, 42:16,

47:1, 50:8, 50:20,

60:2, 60:12, 65:4,

67:21, 72:21, 73:4,

73:7, 74:4, 93:14,

93:23, 98:22, 99:12,

99:16, 100:21,

101:9

top [11] - 28:20,

64:25, 66:18, 66:19,

66:22, 66:24, 67:1,

67:4, 97:19, 118:12,

123:8

topics [2] - 50:15,

91:18

tornados [1] - 26:7

Toro [3] - 4:10,

31:3, 31:10

total [2] - 9:1, 34:23

totally [1] - 9:25

towards [5] - 63:3,

70:23, 70:24, 71:21,

90:9

town [1] - 89:19

tracking [1] - 26:6

tracks [4] - 54:13,

54:16, 54:18, 76:12

trade [1] - 20:15

training [1] - 31:24

transcript [9] -

5:23, 6:6, 21:13,

21:20, 35:21, 51:16,

60:21, 97:11,

127:15

transferred [1] -

24:17

transpired [1] -

73:12

transport [1] -

98:17

traumatic [1] -

118:25

travel [1] - 36:4

traversing [1] -

72:15

tread [7] - 58:5,

58:11, 58:15, 58:18,

58:22

treated [2] - 84:24,

95:6

treatment [6] -

83:13, 87:5, 89:13,

105:22, 106:12,

106:24

triangle [1] - 55:15

trip [3] - 20:20,

20:24, 57:2

trip-and-fall-type

[1] - 57:2

trips [1] - 21:3

troublesome [1] -

92:6

true [1] - 127:15

trust [1] - 17:14

truth [3] - 127:11,

127:12

try [7] - 27:10, 34:2,

61:11, 61:17, 66:10,

75:16, 95:24

trying [19] - 17:12,

20:5, 35:16, 47:2,

47:25, 56:11, 63:24,

65:9, 68:14, 71:7,

88:16, 93:8, 106:15,

111:25, 112:11,

112:22, 113:24,

115:21, 118:2

turn [12] - 28:25,

30:24, 35:4, 35:10,

35:25, 36:5, 39:20,

42:9, 61:1, 84:4,

124:14

turned [2] - 41:10,

41:11

turns [1] - 5:22

TV [2] - 14:17,

14:19

twice [2] - 7:1,

10:12

twisted [2] - 84:22,

88:20

two [23] - 21:22,

29:4, 43:15, 46:20,

49:24, 55:17, 58:8,

59:8, 63:1, 63:23,

69:23, 71:15, 84:19,

100:5, 105:8, 108:5,

111:1, 112:7, 113:6,

114:25, 116:14,

118:10, 122:12

two-story [1] -

116:14

two-thirds [1] -

55:17

Tylenol [1] - 123:19

type [9] - 4:17,

26:1, 44:16, 57:2,

57:6, 82:9, 99:20,

100:15, 105:19

types [4] - 23:25,

24:3, 24:5, 28:24

typical [2] - 6:15,

20:13

Uultimately [4] -

18:17, 24:25, 60:7,

93:12

ULTSTADT [1] -

87:20

unclear [1] - 55:23

uncovered [2] -

49:12, 49:14

under [8] - 40:13,

41:2, 54:2, 70:25,

71:10, 71:18, 78:25,

125:9

underneath [2] -

45:25, 78:17

understood [6] -

6:22, 33:24, 58:4,

76:23, 78:11,

125:22

unfortunate [1] -

9:23

United [3] - 90:18,

90:23, 91:8

University [8] -

23:18, 23:22, 24:17,

25:16, 26:23, 27:20,

87:22, 116:1

university [1] -

116:11

unsafe [1] - 67:9

up [46] - 7:3, 7:20,

8:12, 8:15, 10:1,

11:21, 18:12, 23:4,

23:10, 24:18, 34:13,

34:19, 35:9, 36:2,

37:10, 39:19, 42:8,

51:3, 60:17, 63:1,

63:25, 69:6, 69:17,

69:23, 72:9, 80:7,

84:23, 89:15, 92:5,

94:9, 96:21, 101:16,

103:11, 112:4,

113:6, 114:1,

115:18, 116:4,

116:7, 116:10,

116:25, 117:5,

117:6, 117:7, 119:4,

125:13

upcoming [1] -

13:2

upstairs [3] -

116:15, 116:19,

117:11

upswing [2] -

105:23, 106:11

urgent [1] - 82:8

VV-E-M-U-R-I [1] -

108:17

Valley [1] - 24:10

vehicle [13] - 40:22,

42:6, 43:22, 43:24,

44:2, 44:10, 45:17,

45:19, 45:23, 49:13,

49:20, 50:9, 53:20

Vemuri [1] - 108:17

verbal [1] - 6:9

verbatim [1] -

94:24

version [1] - 38:18

versus [1] - 97:14

vicinity [2] - 41:1,

86:20

videos [1] - 26:6

videotape [1] -

76:2

view [1] - 37:10

visible [2] - 37:22,

122:14

visibly [1] - 123:9

visit [4] - 37:1,

141

39:2, 52:15

visited [1] - 123:25

visiting [1] - 13:7

Wwages [3] - 30:4,

30:11, 30:15

wait [2] - 61:2,

103:8

waiting [1] - 14:6

walk [30] - 45:19,

46:25, 48:21, 53:3,

54:9, 57:9, 59:9,

60:5, 60:10, 63:4,

65:11, 65:13, 65:17,

65:18, 66:10, 66:11,

67:14, 106:16,

111:18, 111:20,

112:2, 115:1,

115:16, 115:22,

115:23, 116:4,

116:7, 116:18,

117:25

walk-out [2] -

116:18

walked [11] - 43:22,

46:6, 46:25, 47:3,

53:2, 59:20, 60:10,

67:9, 67:12, 106:25,

123:23

walker [4] - 104:6,

104:8, 104:9,

115:20

walking [15] -

43:24, 45:8, 48:24,

49:19, 50:17, 59:13,

67:9, 112:6, 112:8,

113:5, 114:25,

115:6, 115:13,

118:2, 124:1

wall [2] - 50:24,

71:1

Walmart [1] - 29:22

Walters [2] - 1:14,

3:9

water [5] - 18:24,

73:2, 73:11, 88:19,

91:23

ways [2] - 8:7,

60:10

wean [1] - 105:14

wear [1] - 45:15

wearing [6] - 2:13,

33:16, 44:12, 44:18,

44:20, 44:22

weather [1] - 8:9

website [2] - 13:4,

13:8

week [13] - 10:12,

10:13, 10:14, 10:19,

10:23, 29:9, 30:6,

30:7, 30:8, 36:17,

112:20, 124:5

weekend [1] -

123:24

weekly [2] - 10:11,

20:14

weeks [1] - 118:10

weight [1] - 105:10

welcome [1] -

81:10

Wesson [1] - 20:18

wheeled [1] - 86:15

wheels [2] - 57:24,

58:1

white [3] - 29:14,

44:16, 45:9

whole [4] - 14:4,

44:5, 99:15, 127:12

widest [1] - 58:21

width [1] - 55:19

wife [18] - 7:21,

10:21, 12:10, 12:11,

12:12, 12:14, 15:5,

31:5, 31:21, 40:18,

44:5, 44:9, 73:16,

73:22, 115:2, 115:6,

121:25, 124:4

wife's [2] - 31:6,

73:19

will@cowley [1] -

3:6

will@cowley-law.

com [1] - 3:6

WILLIAM [3] - 1:12,

4:1, 127:8

William [2] - 3:3,

4:8

window [4] - 85:6,

99:10, 99:13

WITNESS [1] -

127:19

witness [5] - 5:1,

5:5, 127:11, 127:14,

127:17

WJIE [1] - 15:7

wobble [1] - 68:12

woke [2] - 8:12,

8:15

woman [4] - 14:18,

16:14, 117:22,

118:10

women's [1] - 33:1

wondering [1] -

108:19

word [3] - 32:6,

42:21, 90:11

words [14] - 5:21,

5:25, 6:11, 6:25,

19:16, 29:8, 32:10,

32:21, 54:19, 69:19,

80:8, 102:14

worker [1] - 117:16

works [3] - 26:15,

33:6, 104:18

workshop [1] -

142

116:22

worn [1] - 44:24

worse [5] - 6:16,

85:11, 85:12, 85:14

write [1] - 29:7

writing [9] - 23:19,

24:4, 24:5, 24:6,

28:17, 28:22, 29:3,

127:13

written [2] - 21:8,

22:24

wrote [1] - 26:4

www.mclendon [1]

- 1:24

www.mclendon-

kogut.com [1] - 1:24

XX-ray [2] - 94:15,

94:16

X-rays [3] - 93:23,

95:24, 96:1

Yyear [15] - 4:18,

8:25, 9:7, 9:16,

10:24, 24:13, 24:16,

24:18, 25:19, 27:2,

27:9, 44:23, 61:22,

93:10, 119:1

year-round [1] -

10:24

yearly [1] - 90:20

years [11] - 4:20,

9:22, 13:15, 24:2,

27:8, 31:12, 76:9,

81:17, 83:17

yourself [3] - 34:9,

62:4, 121:16

YouTube [2] -

15:13, 26:6