Deposition Summary

Confidential Attorney Work Product

Patricia Elaine Peacock as GAL for Conner Peacock v. David James Diamond

2013-CP-23-1984

SUMMARY OF DEPOSITIONof

Paul Peacock

Date of Deposition: October 5, 2013

Page Line Topic Summary Notes/Exhibits3 21-23 Previous Depositions Had never had his deposition taken

before.4 1-3 Previous Lawsuits Had been involved in one previous

lawsuit – a divorce.4 6-7 Previous Divorce Divorced his ex-wife.4 8-9 Previous Marriage Answered that to his knowledge Patricia

Peacock has never been married before.4 12-13 Divorce Date Divorced his previous wife on

02/20/1997.4 15-16 Current Marriage Married Patricia Peacock on 6/27/1997.4-5 21-22;

1Background DOB: 4/13/1970

Full name: Paul Peacock5 6-11 Education Went to Clemson, but graduated from

USC Spartanburg in 8/1995.5 17 Family Has no family members living in

Greenville County.5 19-20 Background Born in California.5 21-22 Background Been in the area since 1976.6 1-3 Family No other children than the children with

Patricia Peacock.6 4-12 Accident Conditions Agreed that information given by Mrs.

Peacock (diagram of neighborhood drawn by Mrs, Peacock including number and names of neighbors, number of children in each residence) was accurate as far as he could tell.

Marked as Defendant’s Exhibit 1

6 13-19 Work History Now works at Bausch & Lomb. Previous job: Scopes – left because of no insurance and bad pay.

6-7 23;1-4

Accident Timeline The family was getting up. Patricia was about to get in the shower. Was in the process of getting up. Evan said the 4 month old puppy, Molly had gotten out and the boys had gone out to get her.

7 6-13 Accident Timeline Patricia got dressed faster and went outside. She didn’t know where Conner was. She yelled that Max was out. He then came out to round up Max and put him back in his cage/fence.

7-8 16-22;1-2

Accident Timeline Cheryl came about the time that Patricia couldn’t find Conner, about 30-45 seconds after Patricia went outside,


Cheryl, the neighbor, came over hysterical and carrying Conner. Cheryl said Conner had been attacked by Max.

8 3-5 Accident Timeline He did not hear Cheryl say that Max attacked Conner, but was told by his wife.

8 8-10 Accident Timeline His wife, Cheryl and he were all together. Cheryl was within 20 feet of him. His wife was carrying Conner.

8 11-12 Accident Timeline Cheryl told him what happened.8 14-22 Accident Timeline Cheryl walked outside. Don’t know if

she heard commotion. She saw Conner in the front yard with Max on top of him. She screamed but nobody heard. She grabbed Conner and was bitten on the arm.

9 3-6 Accident Timeline Conner had been outside for only a couple of minutes. He had been inside with parents not more than 5 minutes before. Conner probably opened the door and Molly slipped out with Conner following.

9 8-11 Accident Timeline Put both Molly and Max up before going to the ER.

9 12-16 Accident Conditions Fence basically looked like the picture introduced into evidence, that it didn’t have a cross bar on it. It didn’t have the 2x4 across the front.

Defendant’s Exhibit 4.

9 17-18 Accident Conditions The fence was open.9 19-20 Accident Conditions It wasn’t like the picture. He said okay,

he meant the condition of the fence.Clarified that he was talking about the condition of the fence not the gate.

9 21-22 Accident Conditions Latches were undone because one of the gates was open.

9-10 23;1

Accident Conditions Had no idea how far the gate was open.

10 2-4 Accident Conditions The gate has two clasps that are closed with two rods that push in like a little receiver.

10 7 Accident Conditions The clasp slides on the outside of the fence from the outside.

10 9-11 Accident Timeline Indicated that he did not know where Conner was prior to the dog getting on him.

10 12-13 Accident Background Conner had been over there to play.10 14-15 Accident Background Conner got along with Max.10 16-17 Accident Background Molly probably played with Max.10-11 18-23;

1-4Accident Background It was possible Conner opened the gate,

but he had asked Conner multiple ways of did he open the gate or fence and Conner said he didn’t open the fence.

11 6-7 Background Conner turned 5 on 4/29.11 11-16 Accident Background Indicated he didn’t have a clue if Conner

had been told by David, his wife or


himself to not go over and open the gate. Don’t know if it was mentioned by him or his wife. Doesn’t remember specifically.

11-12

17-22;1-3

Accident Scene He took pictures with digital camera. The pictures of the fence were taken a couple of days after the incident. Maybe a week – after the bar had been put up.

Exhibit 4

12 4-5 Accident Scene The bar had been put up maybe the same day.

12 7-8 Accident Scene Followed up that the bar had been put up the day of the incident, within a day or two of 5/1.

12 10-18 Damages The pictures of Conner were taken immediately after returning from the ER.

12-13 19-22;1-3

Damages Indicated that some of the pictures may have been taken before going to the ER due to Conner still having on ripped underwear.

13 4-15 Damages Indicated that although he didn’t remember taking pictures before going to the hospital he must have because of the ripped underwear. Also indicated that the blood stain could have been from a new pair of underwear put on afterwards and it was still bleeding. Agreed that it looks like they were taken before.

13 18-22 Damages Pictures were taken with still part of a movie camera. Only thing had at the time.

14 1-5 Damages Agreed that some of the coloring of the photographs may not be accurate. 0.6 mega pixel.

14 7-13 Medical Treatment At the hospital Conner did not get stitches. Wounds were cleaned.

14 15-17 Medical Treatment Conner was given pain killer.14 19-22 Medical Treatment Conner was released with instructions to

follow-up with family doctor in 1-2 days.

15 3-4 Medical Treatment Guessed that the follow-up appointment was the next day, Monday.

15 7-23 Accident Timeline Called Mr. Diamond on the way to the hospital and he came to the hospital. They talked about Max attacking Conner. They already had Mr. Diamond’s cell phone number. They contacted Mr. Diamond on his cell on the way to the hospital. Told Mr. Diamond that Max had attacked Conner and were going to hospital. Mr. Diamond was on his way somewhere but turned around and met them at the hospital, arriving prior.


16 2 Accident Timeline Mr. Diamond was at the hospital the whole time.

16 5 Accident Timeline Mr. Diamond was very upset.16 8-15 Accident Scene/Liability Indicated that he believed Max got out

from pushing on the fence and the latch popped out. He had made the fence latch pop himself. Had never seen Max do it – the latch is behind the house.

16 16-22 Accident Scene/Liability He had shook the fence until the latch opened, he answered that after Max had gotten out several times he went to find out how Max was getting out.

17 1-8 Accident Scene/Liability Max was continuously getting out. Max got out a couple of times per week. Didn’t see David or his wife until they were chasing Max trying to get him back. Asked about a rubber toy being called a Kong. A Kong toy or dog toy. Indicated he had no idea – that Max had several toys.

17 12-13 Accident Scene/Liability David and his wife probably threw the toy for Max.

17-18

16-22;1-2

Accident Scene/Liability Don’t know if the Kong toy was ever thrown in his yard, but several other toys were found in their yard. Max was always get out, run in their yard and they would chase him back. He couldn’t see the fence. It is behind their screen porch – couldn’t see him pushing it to get it open.

18 3-5 Accident Scene/Liability It was probably after the incident that he had a chance to go over and shake the fence.

18 6-8 Accident Scene/Liability Diamonds put a piece of wood across the fence on the day of the incident.

18 10-11 Accident Scene/Liability The board wasn’t there long. David moved out and Angie moved in.

18 13-14 Accident Follow-up David moved 2-3 weeks later – after the accident.

18 15-17 Accident Follow-up No idea if he tried David on his cell phone again.

18 20-21 Accident Follow-up Don’t know if wife tried to call him.18 22-23 Accident Follow-up He did not call Mr. Diamond.19 3-4 Accident Follow-up Doesn’t remember trying to get a hold of

Mr. Diamond on his cell.19 5-8 Accident Follow-up Did not answer if he remembered

Patricia asking how they could get ahold of Mr. Diamond, or if his home number is not working.

19 10-13 Accident Follow-up Trying to remember. Did seem like he was out of touch when he moved out. Didn’t remember. It was a 1 ½ years ago.

19 15-16 Accident Follow-up Doesn’t remember trying to call him or not.


19 17-21 Accident Follow-up When asked if he had tried to mail anything to him he answered that Mr. Diamond didn’t live there anymore.

19-20 22-23;1

Accident Follow-up When asked if he had gotten returned mail to figure out where he might have gone he answered that he didn’t know they did that.

20 3-5 Accident Follow-up Didn’t know that they’d tell you where he went by mailing it to a house he didn’t live at.

20 6-8 Accident Follow-up Never thought about forwarding mail.20 9-10 Accident Follow-up Doesn’t remember making any effort to

try and find him.20 11-15 Accident Follow-up Any reason to try and find Mr. Diamond

to get in touch with him would be to find out if the dog had rabies and stuff.

20 16-18 Accident Follow-up Aware of the animal control investigation. Gave them a statement.

20 19-21 Accident Follow-up Said animal control was investigating about the dog’s vaccination for rabies.

20-21

22-23;1

Accident Follow-up He left it to animal control to determine if the dog had rabies.

21 2-4 Accident Follow-up Animal control determined the dog had rabies shots.

21 5-13 Medical Treatment If Conner received any shots for rabies he said he would have to look at the medical records to answer.

21 16-19 Medical Treatment If they gave Conner a shot while cleaning the wounds, while possible he is not sure.

21-22 20-22;1-8

Accident Timeline Confirmed a report given to animal control shown was his handwriting. According to discovery the statement was 5/9. Confirmed the date sounded correct.

22 9-11 Accident Timeline He said he didn’t know/remember when he gave the statement to animal control.

22-23

14-23;1-5

Accident Timeline Patricia filled out the animal control form at the hospital. There was some question of animal control competency so by the 9th they had probably started calling animal control.

Defendant’s Exhibit number 1.

23 7-8 Accident Timeline Agreed that it was an accurate statement.23 10 Accident Timeline In his handwriting.23 11-13 Accident Timeline Were going to church the morning of the

accident.23 15 Accident Timeline He, Patricia and the boys were going to

church.23 17 Accident Timeline The time was probably around 9:00am.23 21 Accident Timeline The family was getting up.24 1-7 Accident Timeline Getting ready to get in the shower

according to his notes taken a week after the incident.

24 13-14 Witnesses Spoke to the Grables. Cheryl and then Angie.


24 16 Witnesses David still lived in the house at the time.24 17-18 Witnesses Agreed Angie did not see the incident.24 20 Witnesses The only witness that actually saw the

incident would be Cheryl Grable.24 21-23 Witnesses When asked what Angie would testify to

answered he had no idea.25 1-2 Witnesses Talked to Angie daily.25 5-6 Witnesses Talked to Angie last week. Told her of

deposition.25 8-9 Witnesses She probably asked if David was going

to be there.25- 11 Witnesses David and Angie are not friends now.25 1-14 Witnesses Angie feels wrong in purchasing home

from David.25 15-16 Witnesses Prior to the purchase Angie and David

were friends.25 17-18 Witnesses He did not know the Pastures well.25-26

19-23;1-3

Accident Scene The neighborhood pets were a couple of cats, a golden retriever, Max, Molly and their puppy.

Molly and the puppy belong to the Peacocks.

26 6-13 Accident Scene A neighbor that lives up the street walks a Chihuahua up and down the street. Sees the guy with the Chihuahua a couple times a week – could easily walk him daily. Walks the Chihuahua in the morning and in the evening.

26 14-19 Witnesses Could not think of anyone he was aware of anyone other than Ms. Grable and Angle that planned on testifying.

26-27

20-23;1-3

Medical Bills Confirmed Conner’s ER visit is essentially $1960 and follow-up visit with pediatrician and scar revision by Dr. Wallace – answered affirmatively.

27 4-6 Medical Bills He went to see Dr. Wallace due to the scars Conner still has.

27 9-10 Medical Bills Went to see what cost would be and to see what could be done to fix them.

27 13-14 Medical Bills May have further plastic surgery done.27 17-22 Damages Conner doesn’t like to take his shirt off.

Doesn’t want to go to the pool. Self-conscious about scars.

27-28

23;1

Damages They went to the pool over the summer.

28 2-3 Damages He went to the pool with Evan.28 4-5 Damages No problems when he went to the pool

with Evan.28 6-8 Damages Conner plays in the front yard with his

shirt off.28 9-10 Damages Conner was seen playing a few months

ago.28 11-15 Damages The scars could be difficult to see - he

said that kids heal quickly.28 16-22 Damages He agreed the scars have faded a little.

They get smaller as kids grow. Looking


at Conner on May 15th, they looked a lot worse than 18 months later.

29 1-3 Medical Treatment There was not any other medical treatment that was not discussed – not to his knowledge.

29 4-7 Medical Treatment Dr. Wallace gave an estimate for further treatment on 12/5/11 – they went in to have further surgery in 1/12.

29 10-12 Medical Treatment Pediatrician has not seen Conner about the scars since original visit.

29 15 Damages Conner is leery of big dogs.29 16-17 Damages Conner is more leery than normal kids

his age.29 20 Damages They got rid of Molly.29-30

22-23;1-2

Damages Molly started getting more aggressive and getting out.

30 4-6 Damages Molly was in the house most of the time with a cable runner in the back and they would take her for walks.

30 8-10 Damages She didn’t get off her runner; she would shoot past the kids when they opened the door.

30 13-16 Damages They were always able to find Molly, but after 30 minutes of looking. After the incident, didn’t want a dog they couldn’t control.

30-31

17-23;1-3

Liability He had reason to believe that Max was dangerous he said after talking to Cheryl Grabel’s brother, Steve, who lived with Cheryl that Max would jump up at the fence and growl at him while he cut the lawn.

31 5-6 Liability Never had a riding lawnmower before.31 7-10 Liability If he saw that would he think the dog

had vicious propensities.31 11-12 Liability He never saw Max try to bite Steve.31 14-15 Liability Steve said that Max was jumping up at

him while he cut the fence.31 16-20 Liability If Max was vicious with Conner or Evan

he answered no but that they did do attacked training in the front yard.

31-32

22-23;1-5

Dog Training Recalls they had someone over when Max was roughly a year old to teach him attack training. Not sure if it was David or the trainer with a big gumby suit attacking him in the front yard.

32 7 Dog Training Max was attacking.32 9-22 Dog Training Just Max was training. They were

learning German words for heel or stop. They were training Max to do attack stuff and you could only stop him with German words. Just watched the training. David told them what they were doing. David told him that they were training Max for protection.


33 1-8 Dog Training Training Max in attack self-defense kind of stuff. Thinks the training was 3 or 4 times. They quit because of the cost. The guy would come to the house.

33 11-16 Dog Training The guy came in the evening once, maybe twice. Saw him in the front yard. One person would hold Max and the other would stand there. Max would run and attack.

33-34

17-23;1

Dog Training The first time they saw him out there, the first time, he and his wife watched together, through a window. This was the first time they saw the guy with the gumby suit.

34 4-8 Dog Training David might have told them beforehand or after they saw the training. He doesn’t remember.

34 9-12 Dog Training He had no idea if that was the first training session.

34 13-16 Dog Training He didn’t hear if they called out German attack words. David told him later.

34 17-21 Dog Training He didn’t remember if he ever heard or saw David using German words with Max. David told him what they were, but he doesn’t have a clue now as to what they were.

34 22-23 Dog Training Said that the commands were like sit, attack, and stop.

35 3-6 Dog Training He didn’t remember if David told him if he had an attack command.

35 7-8 Dog Training Asked if taught sit, heel, stay and answered possibly.

35 9-10 Dog Training He doesn’t speak German which is why he is having trouble remembering the words.

35 16-17 Dog Training Thinks the whole premise of the training was self-protection, attack.

35 20-22 Dog Training David told him they were training Max as an attack, self-defense dog.

36 6 Dog Training Pretty sure the training was attack, self-defense.

36 8-9 Dog Training Not one specific conversation, but 2 or 4 separate conversations.

36 10-12 Dog Training Believed the dog training makes a dog more vicious if you don’t complete the training.

36 14-21 Dog Training If you train the dog and don’t go far enough to control it, it makes the dog more likely to bit again.

36-37

22-23;1

Dog Training Does not believe it is fair to say that he doesn’t know whether or not Max was trained to attack.

37 3-11 Dog Training He was told by David that they were hiring someone to train Max because Anisa was going to be there alone and


she didn’t like it.37 13 Dog Training David was training someone to protect

Angie.Angie or Anisa?

37 14-15 Dog Training When asked about the attack training he answered that was part of it.

37 16-17 Dog Training When asked why he answered he didn’t know, he had never trained a dog for that.

37-38

20-23;1-4

Dog Training Based on what David told him. He watched the training from the window. He saw David’s dog jump up and grab the trainer.

38 6 Dog Training It could have been the 3rd session. Doesn’t know.

38 9-12 Dog Training Patricia was more familiar with the training of Max and he guessed because she talked with David more.

38 15-17 Fence Doesn’t think the fence as properly secured. Doesn’t think the latches would hold the fence tight.

39 1-4 Liability David did something wrong and because there was a problem with the fence.

39 7 Liability Doesn’t think the dog was properly contained in the fence.

39 9 Liability The gate – the dog was out.39 13-15 Liability The gate was at the bottom of a dirt hill.

It pushes the gate open. Doesn’t seal well.

39 16-17 Liability Asked if there are 2 clasps on the gate and answered yes.

39 18-20 Liability Asked if you have to open both clasps for gate to open – answered to swing it fully, yes.

39-40

21;1-3

Liability Asked about just to open it – answered it depended on who you were opening it for, a dog or a 300lb fat lady.

40 6-9 Liability You could push the top latch open, and the gate would flex enough for a dog to get out.

40 11-15 Liability If you wiggle and shake the top one, they pop loose. That’s all it takes for a 100 lb. dog to push on it and jump through. Not a sturdy non-flexing fence.

40 17-18 Liability Seen the fence move a lot. Seen Max running around pushing on all parts of the fence.

40-41

19-22;1-3

Liability He has never seen the gate open as a result of Max, because he can’t. He has never been standing in David’s back yard watching the dog get out. Believes it is possible.

41 4-7 Liability Doesn’t believe Conner could have been the one to open the gate, but it was possible.

41 8-10 Liability Conner could have been out of the house


and he didn’t know it.41 11-13 Liability Mrs. Grable indicated that she saw

Conner and the dog in the front yard.41 15 Liability David’s front yard.41 19-22 Liability That last month before the incident he

felt like Max was deprived of attention due to David being in and out of the house due to a separation.

42 1-2 Liability Max was in the backyard for a month with just food and water and no shelter.

42 3-4 Liability Max slept in the dirt at night.42 5-10 Liability He knew Max didn’t go inside at night

because he could hear Max barking.42 12-14 Liability Not all night. Would hear him at 10:00

p.m., 6:00 a.m., 2:00 a.m.42 18-22 Liability Thinks Max was neglected for the

month of April.43 1-5 Liability Max was probably starved for attention.

Was used to being around people and then a month of no human contact with only food and water and no shelter.

43 7-8 Liability Assuming it rained in April. Don’t remember.

43 11 Liability Talking about 3 weeks prior to the pictures being taken.

43 15-17 Liability Thinks if you leave a dog abandoned he is going to start getting more aggressive.

43 19 Liability The dog was fed.43 21 Liability The dog had water44 1-2 Liability The dog didn’t have any shelter or

human contact.44 5-9 Liability Believes going from having a lot of

human contact to no human contact and being left out in the yard for a month would have a lot of effect on the dog’s aggression.

44 10-11 Liability The dog had no human contact except for about 10 minutes a day.

44 12-13 Liability Molly had a lot of human contact.44 14-15 Liability Molly was tethered on a cable in the

back yard.44 12-13 Liability He had to get rid of Molly.44 18-19 Liability Molly was starting to get aggressive.44 20-21 Liability He guessed it could happen either way.44-45

22-23;1-6

Liability He believes that being out in the rain gave an indication that Max might have become aggressive, but looking back gave him cause to think of it.

45 7-16 Liability He thought it was being out in the backyard without a place to sleep or was he watching it in the month of April thinking the dog was out in the rain; that the dog was going to become more aggressive –it was mostly looking back,


but he did remember thinking Max was being deprived. Remembers them talking about it.

45 17-18 Liability He and Patricia were talking about it.45 20-23 Liability Max was barking a lot more than he

used to. David basically just dumped food and water.

46 1-2 Liability He observed David feeding Max.46 3-4 Liability He saw David dump the food over the

fence.46 5-6 Liability He did not see him every day, but

usually around lunch time.46 8-9 Liability David had a hose and would fill up the

water bucket.46 10-12 Liability The thing that was wrong with that was

that that was the only attention Max got all day.

46 13-14 Liability He works all day.46 15-16 Liability He has no idea if David travels all day.46 17-18 Liability He knows what David does while he is

at work because he was working 2nd shift at the time.

46 19-20 Liability He was home during the day at the time.46 21-22 Liability In the mornings he took the kids to

school most of the time.47 1-8 Liability Working 2nd shift and if David get off at

5:00 is it fair to say that he is not home. He replied it depended on his schedule. Sometimes his schedule was 3:30-midnight. Sometimes 6:00-6:00. He was home a lot during the day.

47 10-11 Liability Worked a very flexible 2nd shift that would turn into 3rd quite a bit.

47 12-14 Liability It gave him the opportunities to observe David interact with Max.

47 16-18 Liability He used to sit outside in the swing and read a book. Outside quite a bit.

47 19-21 Liability He had some unique knowledge about time David spent with Max.

47-48

22-23;1-3

Liability He felt David was at fault for not spending enough time with his dog. The fence wasn’t secure and the training might have led to it.

48 4-5 Liability He doesn’t know if the training led to it.48 6-7 Liability His dog did not receive any attack

training.48 8-10 Liability He puts food and water into bowls rather

than over the fence.48-49

11-22;1-2

Liability He understood that this was his only chance to take his deposition. The fence didn’t contain the dog; the dog was deprived for the last 3 or 4 weeks; and attack training. That was all he could think David was at fault for at this time.


49 5-6 Liability Seen the results of him getting out of the fence, but not actually getting out.

49 9 Liability Watched the attack training through his front window.

49 10-16 Liability When he spent time in the swing he observed David not providing enough attention to the dog – that was basically it.

49 17-18 Potentially moving He wasn’t sure if he was in the process of selling his home.

49 21-22 Potentially moving The house he grew up in was for sale.49-50

23;1-2

Potentially moving The house he grew up in was in Mauldin, but the inspection didn’t go well, so they backed out.

50 4-5 Potentially moving There is a house they are looking at in Holly Tree subdivision, but they are just looking.

50 6-7 Potentially moving They have equity built up in their house.50 8-10 Potentially moving The house they were looking at was for

about $189K.50 11-12 Potentially moving They were selling their house for about

$145K.50 13-14 Potentially moving They didn’t have their house appraised.

They had a real estate agent.50 15-19 Potentially moving The real estate agent came up with

comps and told them what the house was worth – also told them what other houses in the neighborhood sold for.

50 20-21 Potentially moving There was a 1st mortgage on the house.50 22-23 Potentially moving The payoff was roughly $64K.51 1-2 Potentially moving They don’t have a second mortgage on

the house.51 3-4 Potentially moving Confirmed owed roughly $64K on the

house.51 5-6 Potentially moving They paid $78K for the house.51 7-8 Potentially moving They have equity in their house.51 9 Potentially moving He has to pay his realtor 6%. Mary Ann Price

spoke up – not sure if this even close to anything discoverable. Susan Davis said she wasn’t going far, but had a purpose for asking.

51 15-22 Potentially moving Have fees and costs he would incur in selling his house, including the standard 6%, commission but Margaret is a friend, so he thinks she may cut her fees.

Margaret is the realtor.

52 4-5 Potentially moving Looking to move into a house in the price range around $180K-$200K.

52 6-8 Potentially moving Currently not looking like they were.52 9-11 Medical Treatment He was referred to Dr. Wallace, because

Patricia knows him.


52 15 Medical Treatment Just called Dr. Wallace and made an appointment.

52 16-17 Medical Treatment They went with Dr. Wallace because of Patricia’s relationship.

52 20-23 Medical Treatment Told Dr. Wallace that Conner had been attacked by a dog and they were looking into what they could do about the scars.

53 1-2 Medical Treatment He told Dr. Wallace that a lawsuit was ongoing.

53 3-5 Medical Treatment He told Dr. Wallace that the estimates given in 12/2011 were for use in a lawsuit.

Documents

Deposition Summary