Thursday, April 15, 2010

Tales From the Deposition

So my wife was working from home today, taking a telephone deposition. And I partially heard some of the testimony, which triggered the memory of a deposition I was taking a few years ago.

As a little bit of background, this was a case where the plaintiff was alleging he was injured because of exposure to asbestos. All he could show at the time were pleural plaques on his lungs. Pleural plaques may, or may not, be a pre-cursor to a more serious asbestos-related disease. But developing them does not always mean it will happen.

So the guy we were deposing this one time was in his mid-50's and a former insulation worker. He was a little overweight, and talked with a sort of affected southern-accent (even though he was from Northern California.) Along with the deponent, there was his attorney, and about 30 defense attorneys who think they've heard and seen it all at asbestos depositions.

But anyways, this was the exchange:

Angrybell: Can you tell me how you knew the material was made by...

Deponent: Are you asking why I brought this case?

Opposing Counsel: Sir, just listen to the question before you answer.

AB: Not really, I just want to know..

D: You want to know why I brought this case? I'm gonna tell you!

AB: Sure, tell us.

D: I can't walk to my truck no more without getting winded. I can't hunt no more. And I can't mount my wife without getting winded! I have to stop and take a break when I get on her!

OC: I think we're going to take a break off the record.

AB: Sure.

Co-Counsel: Well, I guess that takes care of damages.

Other co-counsel: Failure to mitigate! His wife won't get on top!

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