Background:

Patty needs yourassistance for another case being directed by Attorney Kelly Knight, the other name and senior partner at Patty & Knight.Knight is preparing for trial for her client, Sidney Kestor and asks that you summarize a deposition for the case.

Summarizing deposition transcripts during discovery is an important and frequent task for paralegals.Deposition transcripts are often used to prepare for a summary judgment motion or for trial.

Instructions:

Review and summarize the deposition transcript for Sidney Kester, Attorney Knight's client.

Deposition Transcript

EXAMINATION OF SIDNEY KESTER

Q. Would you please state your name for the record?

A. Sidney Alan Kester.

Q. Mr. Kester, have you ever had your deposition taken before?

A. Yes.

Q. How many times?

A. Once.

Q. So you understand the procedure a little bit and you have had an opportunity to speak with your counsel about the procedure?

A. Yes.

Q. Let me briefly explain to you what is going to take place today, and I won't go into great detail. I am going to ask you a series of questions to which you will be required to give answers. Everything that we say is going to be taken down by the reporter, and it will be later typed up in a booklet form. You will have an opportunity to read it and make any changes or corrections that you deem necessary. However, I must caution you that in the event you do make any changes, we'll be permitted to comment upon those changes at the time of trial. Do you understand that?

A. Yes.

Q. Is there any reason why your deposition cannot go forward today?

A. No.

Q. You are not under any medication which impairs your ability to remember?

A. No.

Q. What is your present address?

A. 300 Weatherly Street.

Q. How long have you lived at that address?

A. Fifteen years.

Q. Are you employed?

A. Yes.

Q. Where are you employed?

A. Simon Electronics.

Q. What is your position at Simon Electronics?

A. Computer operator.

Q. How long have you been a computer operator?

A. Ten years.

Q. Prior to that time, were you employed?

A. Yes. Also by Simon Electronics.

Q. What was your position prior to computer operator?

A. Data processor.

Q. How long were you employed as a data processor?

A. Approximately nine years.

Q. What was the purpose of your visit to Monroe's Grocery Store on the day of your accident?

A. I went in to pick up a few things that I needed for dinner that night. I had been to the market the day before, but I had forgotten to pick up lettuce, tomatoes, and a few other things I wanted to make a salad. I was having my son and his wife, along with my little grandson, over for dinner that night. I always make a big salad when they come over.

Q. Approximately what time of day was this?

A. It was around 4:00 p.m. I had just gotten off work, and I had decided to stop at the store before going home.

Q. How many times had you previously shopped at Monroe's Grocery Store?

A. Oh, many times. The store is only about a half mile from my house. I've been going there at least once a week for the past ten years.

Q. Have you ever had any accidents in any other stores that you have shopped in?

A. Well, not that I can recall at the moment.

Q. Where did the fall in Monroe's Grocery Store take place?

A. In the produce department.

Q. Did you notice anything unusual about the produce department prior to the fall?

A. I recall that the produce manager was in the process of restocking many of the bins. And, when I went to pick up the tomatoes, I noticed that several of the tomatoes had fallen on the ground. The tomatoes looked like they had just been restocked, so I assumed that the bin was so full that some of the tomatoes fell to the ground.

Q. Where in the produce department did your fall occur?

A. In front of the lettuce bin.

Q. How close is the lettuce bin to the tomatoes?

A. Not that close. They are about two aisles apart.

Q. Did you notice anything on the floor by the lettuce bin?

A. No. But as I said before, there were crates in all the aisles. And there was a crate near the lettuce bin. I don't think the lettuce bin had been restocked yet.

Q. What happened after your fall?

A. Well, as soon as it happened, the produce manager came rushing over to see how I was doing.

Q. Do you remember the name of the produce manager?

A. Yes. His name is Jim. I've seen him there before, but I do not know his last name.

Q. Did Jim say anything to you?

A. He asked if I was o.k. I told him that I thought I was, but then I had a hard time getting up.

Q. What happened next?

A. Jim helped me get up and took me to an office in the back of the store. At the time, I told the store manager that I did not think I would need to see a doctor. The store manager insisted on calling an ambulance when it was clear that I would not be able to walk on my right leg.

Q. Did an ambulance come?

A. Yes. They took me to Clearview Community Hospital.

Q. What happened after you went to the Hospital?

A. I was taken to the Emergency Room. A nurse came by to have me fill out some papers.

Q. What papers were these?

A. They were the hospital admitting papers, things like name, address, social security number, and information about medical insurance.