Litig UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA John Jones, Plaintiff V . Susan Smith, No. 03 C 1000 Defendant DEPOSITION OF JOHN JONES DEPOSITION of John Jones, taken at 2:13 P.M. on March 18, 2011, at the law offices of William Sharp, at 100 Broadway, Phoe- nix, AZ 85001, before Nancy Post, a Notary Public in Maricopa County, Arizona. Appearance for the plaintiff: Anne Johnson 100 Congress St. Phoenix, AZ 85001 Appearance for the defendant: William Sharp 100 Broadway Phoenix, AZ 85001 ovof nol gashow bare JOHN JONES Called as a witness, having been first duly sworn, was examined and testified as follows: EXAMINATION BY MR. SHARP: . This is the deposition of the plaintiff, John Jones, being taken in the case of John Jones v. Susan Smith, Case No. 03 C 1000 in the United States District Court for the District of Arizona. It is being held at the law office of William Sharp, 100 Broadway, Phoenix, Arizona 85001. Today's date is March 18, 2013.ith Present in addition to Mr. Jones are myself, William Sharp, attorney for defendant Smith, Anne Johnson, attorney for plain- tiff Jones, and Nancy Post, a certified court reporter and notary public. Mr. Jones, you were just sworn to tell the truth by the court reporter, correct? A. That's right. Q. It's important that you understand the questions and give accu- rate answers. If there's anything you don't understand, or anything you don't know or aren't sure of, you let us know, all right? A. Yes. Q. Please tell us your name. A. John J. Jones. Q. How old are you? A. I'm 23. Q. Are you married or single? A. Single. Q. Where do you live? A. 1020 North 50th Street, Phoenix, Arizona. Q. How far did you go in school? A. I graduated from high school-Central High, 2006. Q. What did you do after high school? A. I joined the army. Q. Tell us about your army experience. A. After basic training, I was sent to an infantry division, and did most of my three years in Germany. I was a corporal when I received my honorable discharge. That was in August 2009. Q. What did you do after that? A. I came back to Phoenix, moved into my parents' house, and started working for Devo Wholesale Florist. Q. Where is that located? A. It's at 3731 40th Street, Phoenix. Q. What kind of work do you do there? A. I started as a sales clerk, then I became a driver on one of their trucks. Q. What do you do as a driver? A. I deliver flowers from the store to customers in the Phoenix area. O. What were your hours in August and September 2012? A. It varied, but it was usually 6:00 A.M. to 2:00 P.M. A. Yes. Q. Were those your hours the day of the accident? O. Other than your job for Devo Florist, did you have any other jobs or activities in September 2012? College. A. I didn't have any other job. I was a part-time student at GlendaleLitic . Mr. Jones, were you ever involved in an automobile accident before September 2, 2012? A. No. Did you ever receive personal injuries of any kind before September 2, 2012? A. No. O. During the past ten years, other than for this accident, did you ever see a physician for any reason? A. Well, our family doctor is Dr. Hoffman. I would see him from time to time for checkups, shots, and things like that. But I never had any serious injury or illness that I went to Dr. Hoffman for. 0. Mr. Jones, tell me each injury you feel you've received as a result of the accident on September 2. A. Okay. I hurt the left side of my neck, my lower back, my left ankle, my left shoulder, and my stomach. 0. Let's start out with the left side of your neck. What injuries did you receive there? A. I think I whipped my head to the side when the car crashed into me and I strained my neck. I had these shooting pains in my neck whenever I tried to move it. Q. How long did that pain continue? A. Well it was pretty severe for about a week, and then it started getting better. I still get pains there from time to time. Q. Tell me about the injuries to your lower back. A. Well, that was sort of the same thing. I must have wrenched my back from the force of the collision. Just like my neck, it was stiff and hurt for a while. After about a week it started getting better, and today I only get the pain from time to time, especially toward the end of the work day. Q. Tell me about your left ankle. A. I sprained my ankle during the accident. That was probably the worst injury. I had to stay off my feet for about two weeks, and I really couldn't start walking on it for three or four weeks. That's the injury that kept me out of work for a month. Q. When did your ankle start getting better? A. About a month after this happened it was well enough so I could start working, although I was still limping for quite a while. It probably took about four months before the ankle healed up completely. Q. Tell me about the injury to your left shoulder. A. I got some cuts and scratches and bruises on my left shoulder when I crashed into the dashboard of the car. That hurt for maybe two weeks, and then went away. 2. Finally, tell me about the injuries to your stomach. A. ! guess I injured my stomach when I smashed against the steer- ing wheel. It was just painful inside of my stomach. That went away after a few days.Q. Other than these injuries to your neck, lower back, ankle, shoulder, and stomach, did you receive any other injuries? A. Oh yeah. I received a concussion on the left side of my head. That's what the doctor told me. Q. Mr. Jones, let's talk about the medical treatment you received for these injuries following the accident. First, how did you get to Doctors Hospital? A. An ambulance came to the intersection and they put me on a stretcher and drove me to the hospital. Q. What happened when you arrived at Doctors Hospital? . The ambulance attendants took me into the emergency room, and some nurses checked me over, took my pulse and blood pressure, and stuff like that. After a while one of their doctors examined me. I think his name was Dr. Lang. I told Dr. Lang where I hurt and about the accident. Q. What kind of treatment did you receive at the hospital? A. Well, they examined me, x-rayed, cleaned up some of the cuts on my shoulder and chest, and put my ankle in a cast. It wasn't one of those big plaster casts; it was a cast that went around the back of my ankle and foot and was surrounded with an elastic bandage. I must have been there a couple of hours, and by that time my parents had come to the hospital, and they took me home. Q. Did you receive any medication prescription? A. The doctor gave a prescription for Tylenol with codeine, which my mother picked up at the drug store. The doctor told me to follow instructions on the bottle and take the medication if I needed it for the pain. Q. Mr. Jones, tell us about the month you spent before you went back to work. A. Well, the first week I pretty much spent in bed. Sometimes I got up and lay on the couch and watched TV. At that time every- thing was aching-my neck hurt, my head hurt, my stomach hurt, my ankle was swollen up. I spent all my time with my foot up to keep the swelling down, and I was taking the medicine to keep the pain down. Q. How long was it before you were able to move around the house? A. I'd say the first week or ten days I pretty much spent on my back. After that period of time the pain in my head, shoulder, and stomach started going away, and the swelling in my ankle was starting to go down. I got a pair of crutches and started moving around the house a little bit. I couldn't stay on my feet very long before the foot would swell up if I stood up for any length of time. Q. At the end of September 2012, what was your physical condition like? A. The scratches and bruises had gone away. The pains in my neck, shoulder, stomach, leg, and back had started to get better. The my ankle. only places that really kept on hurting was my lower back and0. Tell me about those. Lit Well my back would have these stabbing pains from time to time. It felt real stiff. My ankle was stiff. My ankle was still swollen, and I couldn't walk on it yet. Dr. Hoffman, my family doctor, had removed the cast about three weeks after the acci- dent and I could start walking without crutches, but I was still limping and the ankle would get sore if I walked on it for any length of time. 0. When did you see Dr. Hoffman? A. My mom took me to Dr. Hoffman about three weeks after the accident. He checked me out, removed the soft cast from my ankle, and told me it was okay to start walking around without the crutches if I could stand it. 0. When did you stop using the crutches? of October. A. I stopped using them when I went back to work at the beginning Q. What did you see Dr. Franks, the chiropractor, for? A. Well, my mom thought that going to a chiropractor might help my back and ankle. My back still hurt, and my ankle was still sore. She thought that it might be a good idea to get some physical therapy to see if that might help. That's why I went to Dr. Franks. Q. How many times did you see Dr. Franks? A. I went to him for the first time around October 1st. I went to see him maybe twice a week for the next couple of months. Q. What kind of treatment did Dr. Franks perform? A. He would give me physical therapy. That involved bending my back, stretching it, applying heat treatments, things like that. The same thing was true for the ankle. Did it help ? A. Yes. About two months later, maybe by Christmas, most of the stiffness and pain had gone away. Q. From December 2012 to the present day, describe your physical condition. A. It's better. I still have pain from time to time in my back and ankle. Q. When do you get the pain there? A. Well, it depends on how much or how hard I work. The more I work the more likely I am to get those pains. Q. How often do you get those pains? A. It's maybe once a week for an hour or two, usually at the end of the work day. Q. When was the last time you took Tylenol with codeine? A. I took that stuff for maybe six weeks. . Did you ever take any painkillers other than Tylenol with codeine? A. I sometimes take aspirin when I get these pains. . Other than what you've told me about, do you have any other Injuries or problems that you feel were caused by this accident? A. No, you pretty much covered it.ith Q. Mr. Jones, let's talk about some of the bills involved here. First, the medical bills. Your interrogatory answers show that the bills from Doctors Hospital, Dr. Lang, Dr. Hoffman, and Dr. Franks have all been paid. Who paid those bills? A. I'm not sure. I know they were paid by my health insurance. I think my mother paid the Walgreen Pharmacy bill. Q. Who paid for the wristwatch repair? A. My mom paid that. I'm supposed to pay her back. Q. You claim college tuition and book expenses in the amount of $802. Tell us about that. A. Well, I was a part-time student at Glendale College. I had already paid the tuition and bought the books for the two courses I was taking. When I got injured, I couldn't take the courses I signed up for. Q. How much income did you lose as a result of this accident? A. I get paid $2,600 a month salary from Devo Florists. I went back to work October 1, 2012. The way I figure it, I lost one month's salary, or $2,600. Q. The $2,600 is your gross income, isn't it? A. Yes. Q. What's your take-home pay? A. We get paid on the first and fifteenth of the month. My take- home for half a month is about $900. Q. Mr. Jones, let's talk about how this accident happened. Describe the vehicle you were driving. A. It's a 2008 Toyota Corolla four-door. I bought it when I got out of the service. It was in really good shape, because I took good care of it. Q. Is the title to that car in your name? A. Yes. Q. The accident happened around 2:00 P.M.? A. Yes. Q. At the time of the accident, where were you coming from? A. I was coming from work at the flower shop. Q. Where is that flower shop located? A. On 40th Street and Thomas Road. Q. 40th Street is the north-south street, correct? A. Yes. Q. Where is the flower shop in relation to the intersection? A. It's not right at the corner. It's on 40th Street, maybe 300 feet south of Thomas. Q. Which side of 40th Street is the flower shop on? A. It's on the east side. O. Tell me how you went from the flower shop north on 40th Street. A. My car was parked in the lot next to the flower shop. When I got out of work, I pulled out of the lot and started going north on 40th Street.0. Describe what 40th Street looks like. Liti A. It's a pretty wide street. It has three lanes of traffic in each direction. In addition, it has left-turn lanes at the major intersections. right? 0. There are traffic lights at the corner of 40th Street and Thomas, A. Yes. 0. Where are they located? A. I think there's one at each corner and on the median strips. 0. How many lights face the northbound traffic on 40th Street? A. Probably around three. 0. When you pulled onto 40th Street, which lane did you pull into? A. I got into the inside lane, right next to the median strip. 0. Mr. Jones, when was the first time you looked at the traffic lights at the corner of 40th Street and Thomas? A. When I first pulled onto 40th Street and got in the inside lane. Q. How far were you from the intersection at that time? A. I guess around 100 feet. Q. How fast were you going at that time? A. Maybe 20 or 25 miles per hour. Q. What was the color of the traffic lights at that point? A. Green. Q. What happened as you went northbound on 40th Street? A. Well, it all happened really quickly. As I went north, the light turned yellow just before I got into the intersection. I was going through the intersection on the yellow light when suddenly I got smashed by another car from the driver's side. Q. How long had the light been yellow at the time the other car collided with you? A. It couldn't have been more than two or three seconds. Q. How fast were you going when you were hit? A. Maybe 25 or 30 miles per hour. 2. Did you ever see the car that hit you before the impact? A. Not really. I first saw it just before it was about to smash into me. It couldn't have been more than 10 or 15 feet from me. Before I could even put on my brakes, the car hit me. 2. Tell us what happened from the moment the two cars hit. A. Well, I remember putting on my brakes, I kind of skidded in the intersection, and the other car seemed to be stuck against the side of my car. I can remember getting bounced around inside the car and smashing my head and chest against the inside of the car and the steering wheel. Q. Were you wearing a seat belt at that time? A. No. A. Did your car have seat belts ? Yes.Q. What happened when your car came to a stop? A. I was pretty much numb. I can remember people coming up to me when I was in the car telling me not to move. I wasn't going to move anyway. I just hurt all over. I don't know how long it was, but after a while an ambulance came and they got me out of the car and put me on a stretcher. Q. Mr. Jones, just before the impact, describe exactly what you were doing A. Well, I remember starting into the intersection. Since the light was yellow, I remember looking to the right to make sure that there weren't any cars taking a turn that might get in my way. I just looked to my right and then looked back up the road, then I saw the other car coming from my left just before it crashed into me. Q. Did you ever put on your brakes before the impact? A. No, I don't think so, there wasn't time to react. Q. Mr. Jones, is there anything you remember about how this acci- dent happened that you haven't told me about this afternoon? A. No, nothing that comes to mind. I think I've pretty much told you everything. Q. That's all the questions I have at this time. Do you have any questions, Ms. Johnson? Ms. Johnson: No. Mr. Sharp: Will you waive signature? Ms. Johnson: No, we'd like to see the transcript. (The deposition was concluded at 3:06 P.M.) John Jones John Jones State of Arizona SS. County of Maricopa The foregoing deposition was taken before me, Nancy Post, a Notary Public in the County of Maricopa, State of Arizona. The witness was duly sworn by me to testify to the truth. The questions asked of the witness were taken down by me in shorthand and reduced to typewriting under my direction. The deposition was submitted to the witness and read and signed.SECTION III - HYPOTHETICAL WITH PRACTICAL APPLICATION Recognizing your Mike work product, your supervising attorney, Sam Sublime, has enlisted your assistance again, specifically regarding a personal injury case against the firm's client Susan Smith (Defendant). 11. Prepare a Deposition Summary that best enables your supervising attorney to follow the deposition sequentially (starting from the beginning and continuing through the end) because it will be used when preparing for taking/defending depositions of other witnesses (consult your text/lecture notes/complement). The deposition transcript is located at pp 545-553 of your text, 10th edition (this same transcript appears in earlier editions of the text too). Treat the deposition and litigation as pending in Oakland County Circuit Court, State of Michigan, not federal court in Arizona. To that end, the deposition occurred at our firm -- Sublime & Associates, 4451 Justice Avenue, Ste. 212, Farmington Hills, MI 48314, (555) 661-5645. To the extent needed, Sam Sublime's "P" number is 40018; Sharp's P number is 40122. Please treat all references to Phoenix by the deponent as Birmingham, Michigan. Street names remain the same (simply accept that those streets exist in Birmingham for purposes of this assignment).12. Assume for the moment, the parties have agreed to settle the case for $56,900. Address the following: What writings must be generated between the parties to finalize the settlement and close the case, including but not limited to any documents filed with the Court - there are TWO writings to identify here, one of which will be fied with the Court? In answering this question, please identify specific areas/items that must be covered and included in in each document to ensure our client's interests are protected and that the case will not be relitigated - address each document separately in answering this portion of the