Supreme Court of Virginia

. p-,._ n \ 1.. 1-1 1,.,. ' : \ J,.j_. \ _. ~ 1 ' - 1 /1 ; ' 1! ;.:. } 1 ' i t, r, \ a l N THE Supreme Court of Virginia T RCHMOND Record No. 890019 PR 9 1990 MCHEL E. GRNOT, v. ppellant, DVD SCOT JOHNSON, ppellee. JONT PPENDX R. Scott Pugh ttorney at Law 9108 Courthouse Road Post Office Box 999 Spotsylvania, V 22553-0999 Co-Counsel for ppellant John P. Harris, William H. Harris HRRS & HRRS, P.C. 1619 Jefferson Davis Highway Fredericksburg, V 22401 Co-Counsel for ppellant John Sutherland, Jr. SCLNO, ELLS, DYER & BOCCROSSE 10521 Judicial Drive, Suite 300 Fairfax, Virginia 22030 Counsel for ppellee PPELLTE PRNTNG SERVCES HERTGE BULDNG RCHMOND. VRGN (804) 643-7789

TBLE OF CONTENTS 1. MOTON FOR JUDGMENT, FLED MRCH 27, 1986... 1 2. NSWER, FLED PRL 17, 1986....... 3 3. EXCERPTS FROM THE TRNSCRPT OF THE TRL HELD BEFORE THE HONORBLE FRNK. HOSS ON UGUST 3, 1988... 5 a) Testimony of llen Brady... 6 b) Testimony of Leonard Kowalski... 11 c) Testimony of Michael Garnet... 16 d) Testimony of Davids. Johnson... 64 4. PLNTFF s EXHBT NO. 1........... 71 5. TRNSCRPT OF THE HERNG ON NSTRUCTONS HELD BEFORE THE HONORBLE FRNK. HOSS, JR. ON UGUST 4, 1988... 80 6. JURY NSTRUCTONS GRNTED... 99 7. JURY NSTRUCTONS REFUSED............ 111 8. PLNTFF'S MOTON TO SET SDE VERDCT ND WRD NEW TRL, FLED UGUST 12, 1988... 118 9. JUDGMENT ORDER, ENTERED OCTOBER 7, 1988... 119 10. NOTCE OF PPEL, FLED OCTOBER 31, 1988... 121 11. SSGNMENTS OF ERROR... 122

.: VRGN: N THE CRCUT COURT OF THE COUNTY OF PRNCE WLLM MCHEL B. GRNOT vs. DVD SCOTT JOHNSON 15439 Silvan Glen Drive Dumfries, Virginia 22026 Plaintiff Defendant 0 (\1 ""' (\1 <( z rna =g; a:>: CCJ :z:o:..,::~ Xl fn(/) -:ll: a:u 111: co: :z:w c w 0: u. MOTON FOR JUDGMENT COMES NOW, the plaintiff, by counsel, and prays for jud~~z:~._.j. -< :;._:; ~ ~ against the defendant on the grounds and in the amount as he~e~~ ~ n ~,_... after alledged: e~:.; ~ %r- ~c~ N c,~;j ~ 1. On or about March 23, 1985, at approximately 5:40 ~-- -~~~ ~ ~t.-: nz(j) = on said date, plaintiff was driving an automobile northbound ~~~. c ::JJ«'-:'' w n. "T.t n co on US Route 1. Plaintiff's automobile had been brought to a 'stop~ on said highway due to the fact that several automobiles in front of plaintiff's automobile had also come to a stop. 2. While plaintiff's automobile was stopped waiting for the traffic ahead to resume moving, there was a violent collision when the defendant, David Scott Johnson, smashed into the rear of the plaintiff's vehicle with_ great force and violence causing ~ the plaintiff to strike the car in front of her. The force of the collision caused the plaintiff to suffer serious personal injuries. 3. s a result of said collision, and because of the severity of.the blow; when defendant's vehicles collided with plaintiff's vehicle, the plaintiff received. serious injuries. Plaintiff has suffered and will continue to suffer great physical and mental pain as a result of the injuries sustained. 1

4. Defendant was at the said time and place negligent in the following respects: a) n driving his vehicle at a negligent and reckless rate of speed, considering all the facts and circumstances then existing1 b) n failing to keep a proper lookout; c) n failing to apply the brakes of his vehicle in time to avoid said collision1 d) n failing to turn the wheels of his vehicle 0 ~ ~ <C z _go: a > c; a: ::::> aj ~ (.) a: w c w a: 1.1. in such a way as to avoid colliding with the automobile which plaintiff was driving 5. Each and all of said acts of negligence on the pa~t of the defendant constituted a proximate cause of the accident, damages, and injuries suffered by the plaintiff. 6. s a direct and proximate result thereof, plaintiff was caused to sustain serious and permanent injuries, has been prevented from transacting her business and her household duties, has-suffered and will continue to suffer great pain of body and mind ; has sustained permanent disability and has incurred and will incur in the future hospital, doctors and related bills in an effort to be cured of said injuries. WHEREFORE, plaintiff demands judgment against the defendant in the sum of ONE HUNDRED THOUSND DOLLRS ($.100,000.00).and her costs in this behalf expended all with interest as allowed by law. 2 John P Harris,, p. q. HRRS & HRRS, P.C. 809 William Street Fredericksburg, Virginia 22401

VRGN N THE COJT COUR!' OF PRNCE WLLM OOUNTY MCHEL B. G\RNOl' Plaintiff v. DVD srori' JOHNSC\J Defendant.. T W NO. 17088 NSWER ------ mms J:iDi your defendant, David Scott Jolmson, by eotmsel, and by and for his answer to the 1-btion for Judgment filed herein states as follows: 1. Your defendant denies the allegations in paragraphs 1, 2 and. 3 of the z..t>tion for Judgment and demands strict proof thereof. 2. Your defendnat denies the allegations in paragraph 4 of the M:>tion far Judgnent, including all subparts) "a" through "d". L&J () () 0 a:.( u u 0 m ~ 0: --- -~ L&J >- : :. c... -.() i--..j :..J...,._. w...... 0 z.(..j u -C1) 3. Your defendant denies the allegations in paragraphs 5 and 6 of the ~on for Judgment and derrands strict proof thereof. 4. Your defendant denies each and every_ allegation of negligence in the M:>tion for Judgnent and demands strict proof thereof. 5. Your defendant affirmatively states that the damages of the plaintiff, if any be proven, were as a result of the sole and/or contributory ~ligence a =-~ ~ :plaintiff. _ ::-., Your defendant will further rely ~ the defenses of th.ixd party negli~, sudden emergency, unavoidable accident, _act of God, and each and every other defense which nay becane known up to and/or at the tine of trial.. :~~~ 7... ~ Your defendant denies each and every allegation in the l'btion for ;.. Judgnent not heretofore specifically denied 8~ Your defendant denies that the pla.i.ntiff was damaged in the am:runt or - 1-3

to tm ectent alleged, or.in any am:junt or to any extent, and dem:mds strict proof thereof. WHEREFORE, the premises considered, your defendant OOVes this Honorable Court to dismiss the M:>tion for Judgment filed herein and for costs and attarney' s fees ejq?ended. SCLNO ELLS DYER & BOCCROSSE DVD scarr JOHNseN By Counsel \,(Ju.zn J 6~ur:<;zo~L BY: SUSN. EVNS Counsel for Defendant 10521 Judicial Drive, SUite 300 Fairfax, V 22030 (703) 385-6692 CER'll'CTE OF SERVCE HEREBY CERTFY that a true copy of the foregoing nswer was nailed, pasta~ prepaid, to John P. Harris,, Esquire, Counsel for Pla:intiff, 809 1.&.1.() U) 0 a: <( u 0 m ((J a: 1.&.1 >- c... U).J.J w o' z <(.J u - (f) ~ William Street, Fredericksburg, V 22401, this 16th day of pril, 1986. SUSN. EVNS - 2-

'.. 1 CL!Rk SUPREME COURT OF VR EXCERPT BH PROCEEDNGS. ~fl.~.. 1 2 VRGN 3 4 5 6 7 8 9 10 11 N THE CRCUT COURT OF PRNCE WLL - - - - - - - - - - - - - - -x MCHEL B. GRNOT Plaintiff vs DVD SCOTT JOHNSON Defendant ~ - - --- - - ---- t Law No. 17088 -x 12 13 14 Circuit courtroom No. 2 Prince William County Courthouse Manassas, Virginia 15 W~dnesday, uqust 3, 1988 16 The above-entitled matter came on for trial before 17 THE HONORBLE FRNK. HOSS, Judge, and jury, in and for 18 19 20 21 22 23 the Circuit Court of Prince William county, Virginia, at 10:00 o'clock, a.m. "') :::.::2 :: :r~~ ~~g~ ci~~ ---(~ -r-c-:- ~;--=. ;--1 ~=~r~ F.;g; :--lc:r:.. -.z.:.t~ r""""",- ftl~.;: ~ ~~~~~ co co 0 r"t1 C-71 C"") L-,.~ 411\&'-'t. N l..-....,... " ~, ~ i~ -=~..J -N RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 4 t t 8 LEONRD DRVE FRFlC. VRGN 22030 1703l 59 t 3 t 3G 5

1 7 Brady - Direct 2 1 EXCEBPT lbk PftOCEEDNqS 2 3 4 THE COURT: Mr. Harris, you may call your first 5 witness. 6 MR. HRRS: s my first witness call llen Brady, please. 8 EVDENCE ON BEHLF OF T.HE PLNTFF 9 Whereupon, 0 LLEN BRDY, - called as a witness by counsel on behalf of the Plaintiff, 2 havinq been duly sworn by the Clerk of the Court, was. 3 examined and testified as follows: ~4 DRECT EXMNTON i ~5 BY MR. HRRS: sir. Please tell us your full name and where you work, llen Brady. work at the Pentagon. 9 How lonq have you been workinq there? For ten years~ 'd like to direct your attention to March 23, 1985, and ask if you happened to be driving on Route 1 that 6 RUDGER 8t GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 6 l.eonro DRVE FRFX. VRGN 22030 17031 591 3 36

Brady - Direct 3 1 afternoon. 2 Yes, was. 3 Was there a traffic accident in which you were 4 involved? 5 6 Yes, there was. Would you please tell us when you first realized 7 that there might be a traffic accident? 8 was setting at a light- which was about the 9 third or fourth car in a row of cars settinq at this 10 light. nd heard an impact of an accident. nd then~ 11 felt another car hit mine. 12 Let me check the sequence of events, please. 13 There was an impact. You heard an impact, and 14 after the impact then you felt a car hit yours? 15 That's correct. 16 How hard did the car that hit yours hit you? 17 Not very hard at all. t didn't cause any damage 18 to my car at all. 19 Did it cause any damage to the front of the car 20 that hit you? 21 22 23 think it caused some minor damage. ll right. Now did you determine which automobile or which RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 1 6 LEONRD DRVE FRFX. VRGN 22030 17031 591 3' 38 7

Brady - Direct 4 two automobiles you heard in that collision initially? Did determine which two? :a Yes sir. 4 Well, it was the two cars directly behind mine. :5 nd what was the damage to.the car farthest behind '6 yours? The front end of that car had - The radiator had 18 been punctured, and ~he grille had been completely knocked 9 [ ~ ~ ~~ 5 ~6 ~rr out, and the lights THE COURT: can everyone hear this witness? Let me ask you to keep your voice up, if you would, please. THE WTNESS: Okay. BY MR. HRRS: Did it have to be towed from the scene? left before the cars were moved. But since the radiator was punctured, would have to assume that it was. ll right. touching your car? Now when the cars came to rest, was any car No. The two cars behind you - were they still touching "i i! Ll.-------------=---------------------1 RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX. VRGN 22030 17031 591 3 36

Brady - Direct/Cross 5 1 -. don 1 t recall. But don ' t think they were. 2 w.bo was the driver of the car immediately behind 3 you? 4 This lady sittinq here (indicatinq). 5 nd who was the driver of the car that hit her in 6 the rear? 7 This qentleman hera (indicatinq). 8 MR. HRRS: Thank you. 9 have no further questions. 10 Your witness, sir. 11 CROSS EXMNTON 12 BY MR. SUTHERLND: 13 Now Mr. Brady you said that you heard an impact; 14 is that correct? 15 That is correct. 16 nd you're not quite sure which cars were involved 17 in that impact - it's just that when you qot out of the car 18 you saw that your car had been hit by Ms. Garnet's car and 19 her car had been hit by Mr. Johnson's car; is that correct? 20 That is correct. 21 What was the weather like that day at the time of 22 the accident? 23 t was a very light mist. RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM R!PORTERS 41 18 LEONRD DRVE FRFX, VRGN 22030 17031 591 3 38 9

. i 6 Brady - Cross 6 1 Ware the roads wet at that time? 2 They were. 3 Now after the acc-ident you t~lked a little bit 4 with Ms. Garnet, didn't you? 5 did. got out to check and make sura that there was - : 7 that nobody was hurt, or seriously hurt. nd did she tell you that she was hurt? 9 Not at that time; no. Did she mention anything about a prior cervica~ collar at all? Yes, she did. What did she say about that? She said that she had just gotten out of a neck brace. MR. SUTHERLND: have nothinq further, Your : 17 Honor. r ~ THE COURT: Redirect. MR. HRRS: No further questions. s my next witness would like to call Mr. :i: Kowalski. THE COURT: Excuse me just a moment.,~i,,,all------~---c-a_n t_h_i_s w_i_t_n_e_s_s b_e e_x_c_u s_e d?----------------------~ 1~ RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 6 LEONRD DRVE FRFX, RGN 22030 17031 591 3 36

Kowalski - Direct 7 1 MR. HRRS: Yes sir. 2 MR. SUTHERLND: Yes, Your Honor. 3 THE COURT: You're free to qo all toqether, sir, 4 if you like. 5 (The witness is excused.) 6 Whereupon, 7 LEONRD KOWLSK 8 called as a witness by counsel for the Plaintiff, havinq 9 been duly sworn by the Clerk of the Court, was examined and.... 10 testified as follows: 11 DRECT EXMNTON 12 BY MR. HRRS: 13 Please tell us your name and your occupation. 14 Leonard Kowalski. 'm a police officer for ~he 15 countr of Prince William. 16 nd were you a police officer on March 23, 1985? 17 Yes, was. 18 Did you have occasion to investiqate an accident 19 at approximately 4:40 on Saturday, that day, on Route 1? 20 21 don. t recall. Can see a copy of the report? Certainly. 23 MR. SUTHERLND: Your Honor, would object at RUDGER 8t GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX, VRGN 22030 17031 591 3 36 11

i Kowalski - Direct 8 :1 this time. [2 Could we approach the bench, please? :a 14 THE COURT: ll right. BENCH CONFERENCE 5 MR. SUTHERLND: The case law in Virginia. is clear 6 7 that the police officer can't even refer to the report. Not only is the report not admissible, but by case law he.8 can't even refer to it while on the stand because it would 9 unduly prejudice the jury to know that he is readinq fr~m an official document. his memory? recollection.... :.~.~ - ~ ~-. THE COURT: can you show it to him just to refresh MR. HRRS: That's all - just to refresh his THE COURT: think 'll let him do it. Honor. MR. SUTHERLND: Just note our objection, Your ' :il 8 OPEN COURT. (The witness examines document.) THE WTNESS: Yes sir; filed this a~cident ~1 ~eport. 22 BY MR. HRRS: would like for you to simply use the accident RUDGER 8t GREEN REPORTNG SERVCE CERTif:ED VERBTM REPORTERS 4 6 LEONRD DRVE f:rfx. VRGN 22030 17031 591 3136

Kowalski - Direct 9 1 report to refresh your recollection. nd after refreshinq 2 your. recollection, then simply tell us about the accident. 3 You miqht like to take a minute to do that. 4 (The witness examines document.) 5 ccording to the accident ~eport, both vehicles 6 were travelinq northbound in the left straiqht throuqh lane 7 as they approached Lonqview. 8 The vehicle being operated by Ms. Garnet was 9 sto~pinq. nd a second vehicle beinq operated by Mr. 10 Johnson came up behind her and struck her in the rear. 'f.. 11 Was there a third vehicle? 12. 'm sorry, sir; don't recall. 13 Did the Defendant make any statement to you about 14 how the accident happened? 15 We talked about the accident, sir. But this has 16 been t~ree years aqo, and do not recall. 17 ll right. 18 Did you ask if anyone was hurt?. 19 Yes. 20 n the accident report that have filed, Ms. 21 Garnet was listed as an injured person. 22 Did you check the vehicles to make sure that the 23 brakes and brake lights were workinq properly? RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16..EONRD DRVE FRFX. VRGN 22030 17031 591 3 138 13

Kowalski - Direct/Cross 10 i 1.. Sir, probably did. But, aqain, this has been 2 three years aqo. 3 Would you look at the report and see if you can 4 refresh your recollection on that point? 5 ('!'he witness examines document. ) 6 ccordinq to the accident report which filed, 7 there were no defects in either vehicle. 8 MR. HRRS: Thank you. 9 No further questions. CROSS EXMNTON BY MR. SUTHERLND: Officer, you have no independent recollection of this accident; is that correct? a4, : f5!1.6 ~ Sir, right now couldn't tell you what we talked about or anythinq else. So you couldn't remember what the vehicles looked ~7 like right after the impact? 18 19 ~0 No sir, couldn't. Would you look at your report then, sir? (The witness complies with request.) i f: [ 3~----- 4 Did you estimate the damage to these two cars? Yes sir, did. n d t_h_a_t i_s p_a_r_t o_f y_o_u_r d_u_t_y a_s a p_o_l_i_c_e_m_a_n i_n ~ RUDGER Sc GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE %RFX. VRGN 22030 17031 591 3136

Kowalski - Cross ll 1 fillinq out this accident ~aport; is that correct? 2 Yea sir, it is. 3 What did you fill out for Ms. Garnet's car? 4 For Ms. Garnot s vehicle filled out $250.00 5 approximately. 6 so you'd describe.that as pretty minor damaqe; is 7 that correct? 8 Yes sir; think it would be. 9 nd you also filled out for Mr. Johnson's car? 10 Yes. 11 What did you fill out for that, sir? 12 pproximately $400.00. 13 Would you also describe that as minor? 14 Yes sir. 15 You don't remember the actual conversations you 16 had with Ms. Garnet or Mr. Johnson; is that correct? 17 No sir, do not. 18 So you don't remember what she told you about 19 where she was hurt, etc.? 20 cannot recall that. 21. MR. SUTHERLND: That's all have. 22 Thank you, Officer. 23 MR. HRRS: s my next witness 'd like to call RUDGER 8t GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 4116 LEONRD DRVE FRFX. VRGN 22030 17031 591-3136 15

8 Garnet - Direct 54 1 2 3 4 5 6 '7 testified as follows: DRECT EXMNTON BY MR. HRRS: Please tell the jury your name. Michael B. Garnet. Where do you work? t uantico Marine Corps Base. How old are you? 9 10 11 Thirty-four. When were you born? September 30, 1953. re you married? Legally separated. '14 15 16 17 18 Would you tell us where you are from originally? My parents are in the Foreign Service. qrew up overseas. did not live in the United States until was 22 or 23 years old. would now like to take you -- With that brief background, would now like to take you to the day of the :123 accident, and would like for you to tell us where you were coming from and where you were going to and what road you were on. was qoing to the grocery store up ln Woodbridge. u...----------------=----------..j 16 RUDGER a GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FFlC. VRGN 22030 17031 591 3 1 36

Garnet - Direct 55 1 nd r waacominq on Route l north to that food store. 2 nd en route what happened? 3 t the traffic light -- There was a red liqht. 4 stopped for the red light. The light turned green, cars 5 were starting to move - and was t9o. 6 nd then throug~ the intersection there were cars 7 that were stopping. Thera was a problem. nd applied my 8 brakes and stopped, alonq with everyone elsa. 9 THE COURT: Please keep your voice up so everyone can hear you. ~ 11 THE WTNESS: 'm sorry; don't have a very loud 12 voice. 13 BY.MR. HRRS: 14 Did you come to a stop? 15 f it wasn't a stop, it was very near a stop. 16 nd in the process of stopping, what happened? 17 was hit. nd that pushed my car into the car in 18 front of me.. 19 Was there any damage to the car behind you? 20 Yes. 21 That's 22 Yes. 23 Did it the car that hit your am have to be towed away? correct? RUDGER 8c GREEN REPORTNG SERVCE CERTif:ED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX. VRGN 22030 17031 591 3 36 17

1! Garnot - Direct 56 Yea. 2 Did the Defendant tall you anythinq that indicated 3 to you that he was at fault? 4 When he qat out of the car- and also the person 5 that was with him in the car - they ran up to me and wanted. : 6 to know if was okay. nd he was sayinq ' m sorry; m :17 's sorry. How lonq did you stay there at the scene of the ' J 9 '10 accident?. 'm not sure exactly. Because we had to wait. ~~~: ll a policeman to coma, and then th~ cars to be moved. 112!13 114 There was a qas station beside there, which is where they called the policeman from. But would say probably half an hour, 45 15 116 il7 minutes. 'm just quessinq on that; 'm not sure. Did the policeman check your brakes? He checked my brake lights because the person who [[8 hit ma said that my brake lights weren't workinq to the 119 policeman. nd he wanted to insure that they were workinq. 1:20.21 Did he check them more than once? He had me step on the brakes a couple of times; :22 yes. :23 When you left the scene of the accident, where did RUDGER Be GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX. VRGN 22030 1703) 591 3138

Garnet - Direct 57 1 you go? 2 went home. 3 What, if anything~ happened when you qot home? 4 When got home my girlfriend was over there and 5 my husband was there and -- 6 Who was the girlfriend? 7 nn Oesell. She wa& in the courtroom earlier 8 today. 9 Okay. 10 quess didn't look very good because they _, 11 wanted to take me up to the emergency room up at Potomac 12 Hospital. nd nn Desell did take me up there and stayed 13 with me. 14 What did they do to you or for you at the 15 emergency room? 16 was there for a lonq time. They gave me 17 Tylenol. 18 Was that Tylenol or Tylenol No. 3, or some other 19 ~or.m of Tylenol? 20 Tylenol No. 3. 21 ll right. 22 nd then they took x-rays and had me was 23 looked over, and then was released. was told to qo see RUDGER & GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16..EONRD DRVE FRFX. \/RGN 22030 17031 59 3 36 19

Garnet - Direct!58 1 my tamily doctor if needed it on Monday. 2 nd did you qo on Monday? 3 Yes. That was Dr. Kent, who has testified hera? t5 That's correct.,6 There's no need to qo over that. 7 t any time durinq the course of your treatment 8 were you prescribed any appliances of any kind? 9 Yes. 10!1.1 ~ll.2 r 14 15 f: r b ~3 had to wear one of the cervical neck braces when first had the accident. nd ~en later on also wore a back brace, which was just a form-fittinq t's hard on the back, and you wear it strapped around your waist and a velcro belt. nd also for the problems that was havinq with my jaw.area was qiven what is commonly-- don't know what the medical term is, but call it a niqht quard. Would you describe it? t's like a hard plastic form that you fit in your mouth over your teeth. What do you do with it? You sleep with it. t least for me it's not a very comfortable 0 RUDGER 8 GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 S LEONRD DRVE FRFX. VRGN 22030 17031 591 31 36

Garnet - Direct 59 1 mechanism to use, because have a qaq reflex. nd tryinq 2 to sleep with this form in my mouth - it takes me awhile 3 before can adjust to it. 4 How lonq did you have to usa the niqht-quard? 5 still usa it now a couple of times a week when 6 m.y jaws start hurtinq. 7 nd how about the back brace? 8 The back brace seldom use. 9 nd the cervical collar? 10. don't use that.. 11 Have you had biofeedback? 12 Yes. 13 Has it helped you? 14 think that it has; yes. 15 Would you describe what it is like? 16 When you go in there you are hooked up with like 17 sticky tape on the part of your body that is very sore 18 then. 19 nd in your case that's where? 20 Well, it varies. But it mainly concentrates up_ in 21 the neck area (indicating). 22 They measure the tenseness of your muscle in a 23 machine. nd at the same time there's tapes that you have RUDGER Bl GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 6 LEONRD DRVE FRFX. VRGN 22030 1703) 591 3136 21

Garnet - Direct 60, 1 to listen. to which are soothing, relaxing type tapes to try 2 and help you bring down the muscle tension. ', 3 nd you are also talked to with the machine going 4 so you can hear the different sounds - how your muscles 5 sound when they're tense and how th~y sound when they're 6 relaxed. so that you can try and monitor this yourself. 7 nd there are also tapes and exercises that you do 8 at home on your own.,9 s this something that you started on your own, or 0 was it prescribed? ',1 t was prescribed. By whom? Dr. Stoll had wanted me to qo see Dr. Bonjourno, who is a doctor but he specializes in chronic pain. is? Have you had trigger point injections? Yes. Would you tell us what a triqqer point injection trigger point injection is where they qo into the trigger p~int area- which is, guess, you know, where your muscle is very, very tense and hard. T~ey find the sorest places on there and they take a needle that is filled with a solution and they put it in that area. 22 RUDGER a GREEN REPORTNG SERVCE CeRTFED VERBTM RePORTERS 4116 L.EONRO ORVE =RFX. VRGN 22030 t70ll 591 3136

Garnot - Direct 61 1 nd as soon as it hits the point that really 2 hurta, you let them know. nd then they put this solution 3 into the muscle. 4 nd that really hurts too. 5 The intent of doing that is to try and break up 6 the mass in there, to try and bring you relief. 7 On how many different occasions have you had 8 trigger point injections? 9 just started it fairly recently. 've had two 10 different series.. 11 nd how many shots were in each series? 12 The first time there were five, and the second 13 time.there were three. 14. Have you also had an EMG? 15 Yes. 16 Tell us about an EMG. 17 That's where they - to measure the -- s the 18 doctor was telling you earlier. can't - don't have all 19 the medical phraseology. But your nerve pulses and 20 endings, and stuff like that. 21 nd the way they do that is they stick needles in 22 you. 23 How many? RUDGER 8t GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 S L.EONRO DRVE FRFX. VRGN 22030 17031 ~91 3 1 36 23

Garnot - Direct 62 11 Lo.ts of them. 12 bout how many? 13 don't know. Twenty. don't really remember. 14, 15,[ t was just a lot of needles. 6 they do? nd then after the needles are in you, what do 17 They send like electrical pulses. : 8 s it fun? 9 No. 10 How many times have you consented to do this?-~ 11 Twice. 12 Twice for your shoulder? 13 Once for my upper back area, and once for my lower 14 back area. 15 Has there been any anxiety associated with this 16 whole ~ituation? 17 Yes. Yeah, there is. 18 Tell me about it. 19 quess the thinq that bothers me the most is will 20 have to feel like this forever. 21 am functional~ You know, do what have to : 22 do. But it hurts when do it. 23 nd just don't want to qo throuqh like this RUDGER & GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 6 LEONRD DRVE FRFX. VRGN 22030 17031 591 3 136

Garnot - Direct 63 1 tor~ver, which is the reason that 'm willing to try all 2 the different doctors and the different ways of doing it. 3 s there any depression involved in your 4 situation? 5 Yeah; You knew, depre~sion in the sense -- 6 don t like the word 'depression. But it s related the 7 same way. You know, that there sometimes are things that 8 you want to do that you just physically c~n t do. or if 9 you can do it, you can only do it for limited periods of 10 time. nd that can be very frustrating... 11 Have you had any diffi~ulty sleeping? 12 Yes. 13 nd that's one of the reasons that am on the 14 medication at nighttime - the mytriptaline and the 15 Nardil. They are also to try to help you sleep through the 16 night so that your sleep is not interrupted by your body. 17 What do.you mean 'interrupted by your body'? 18 Well, to try and keep you so that you can sleep 19 through the night, and hurting does not wake you up. 20 Have the medications had any effect on your. 21 stomach or your diet, either one? 22 The Motrin, which is a muscle relaxant, has had an 23 effect on my stomach because it reacts almost like would RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 18 LEONRD DRVE FRFX. VRGN 22030 17031 591 31 36 25

i Garnot - Direct 64 ;1 have an ulcer. i 2 For a little while thought maybe was getting 13 an ulcer- and it s the medication. '4 take soma t's called Mylanta. guess it's 5 a stomach coater. take that when 'm on the medication. When it gets too bad then have to go off the :7 Motrin until my stomach settles down. nd then go back!s on it. 1 9 The Nardil - there are a lot of foods that 0 cannot eat.! 1 What are some of the foods that you can't eat and 2 why can't you eat them? ~3 ~4 Things like chocolate, sour cream, avocados, wine, red wines, cheeses - those types of things cannot How about things containing caffeine? Caffeine can't ~an t have caffeine drinks ' or liquids either for the reasons that Dr. Cohen was sayinq earlier - that they can have a real negative reaction. JUROR: What was that last bit? didn't hear.,p. that. :a THE WTNESS: Negative reaction. BY MR. HRRS: Where has the jaw or facial pain been primarily i 2~ RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 4 16.EONRO ORVE =RFX. VRGN 22030 t7031 591 3 36

Garnot - Direct 65 1 concentrated? 2 n this area hera (indicating). nd it just - it 3 hurts. Sometimes when eat it hurts. nd then also 4 periodically for swallowing, working the muscles to 5 swallow. t hurts to swallow. 6 Have you had any problems with other than your 7 left hand tingling? 8 Occasionally my right hand tingles. But that is 9 usua~ly when am in therapy in a certain position - my arm 10 is elevated in a certain way. t will tingle. 11 My left hand is the one that gives me the most 12 problems. 13 Have you any feeling that you have lost any time 14 out of your life? 15 Yes. 16 Tell me about that. 17 Well, it's related to the fact that, you know, 18 have to spend - and admittedly it's my own choice because 19 want to get better, but spend the time going to doctors and 20 therapy and trying new treatments. nd, you know, getting 21 the medications. Having to take time off from work to go, 22. or going in the evenings or weekends on my own time. 23 Have you discussed at any time hospitalization? RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRO ORVE FRFX. VRGN 22030 17031 59 3 136 27

! Garnot - Direct 66 : Yes. 2 Dr. Bonjourno, who is the specialist in MR. SUTHERLND: Objection, Your Honor. Now we re qettinq into hearsay testimony. ~ MR. HRRS: think can take care of that. said. BY MR. HRRS: ~ d like for you not to tell us what or. Bonjourno Okay. But after havinq had your discussion with Dr.-~ Bonjou~no, are there any fears or dreads that you have? Yes. mean, it's somethinq that 1 m willinq to do if that's what it takes. They have t Fair Oaks Hospital there is an in-pat~ent program for chronic pain sufferers. nd am seriously thinking about in December goinq in to this. program. 1 nd the intent of the in-patient program is the 2 2 fact that you can be mora the intent is. MR. SUTHERLND: Objection, Your Honor, as to what 2 Now we're getting into medical testimony. LL------------------------------------------~------------------~ ~8 RUDGER 8: GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 4118 LEONRO DRVE FRFX. VRGN 22030 17031 591.J 1 38

Garnot - Direct 67 1 T.BE WTNESS: My understanding -- 2 BY MR. HRRS: 3 What would be yo~ reason for going into the 4 program? 5 My reason would be to be well again. 6 Do you have any children? 7 No. 8 Have you thought about children? 9 Yes. 10 Has this accident in any way influenced your 11 thoughts about children? 12 Yes. 13 n what way? 14 My ability to fully care for them. know that 15 would be able to, but m not sure. if would be able to 16 give t~em everything that could. 17 Does that mean you are reluctant to have children? 18 n a word, yes.. 19 n spite of the fact that you're approaching 35? 20 s get older, it becomes much more _pressing. 21 nd it's a decision that m going to have -to make pretty 22. soon. 23 Who are you presently seeing for treatment? RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 L.EONRD DRVE FRFX. VRGN 22030 17031 59 1 31 38 29

Garnot - Direct 68 '1 Who am presently seeinq? 2 Yes. 3 am presently seainq Dr. Bonjourno, Mr. Chalk, 4 Ms. Tayes, who is a physical therapist at Fair Oaks 15 Hospital also with the pain program, Mr. Berqer who is the 11 6 biofeedback specialist, and also Dr. Stoll. 17 t the time of this accident, would you tell us ' 8 where you were employed? t the Marine Corps Base at uantico. Did you have a second job? Yes, did. What was that job? was workinq part-time for a solar enerqy company sellinq solar units to homeowners. Had you sold any? Yes: had sold a unit. nd what do you earn when you sell a unit? That particular unit was $800.00. : ~ :~ t.. ~ ~. Do you still continue to have a second job? Yes, do. What is your second job now? work about - average probably four hours every 11 other week or so in a clothing store in Sprinqfield Mall. UL----------------~------------------------~!~o RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 G LEONRD DRVE FRFX. VRGN 22030 17031 591 3136

Garnet - Direct 69 1 Primarily so that have -- get a discount on my clothes 2 by working there. 3 The second job that you had previously - why did 4 you give that job up if you were going to have a second 5 job? 6 Why did give it up? 7 Yeah; why did you give that one up? 8 There was too much driving involved in that job, 9 becaus e had to go visit everybody that was interested in 10 the solar units. nd sometimes it was two or three Vis~ts. 11 Physically just You know, it was just too. 12 hard to do. So stopped. 13 Has the injury had any affect on your enjoyment of 14 your friends or co-workers? 15 Probably to an extent, in that when do have time 16 at home want to be at home because there are a lot of 17 things that have to do there. nd a lot of times don t 18 feel like doing things or -- You know, if don t feel 19 good want to qo home. don't want to qo out after work 20 and relax. 21 Reqardinq-your marital relations~ip- you have now 22 separated. 23 Would you tell us if this accident had anything at RUDGER a GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 4116 LEONRD DRVE FRFX. VRGN 22030 17031 59 3 36 31

:! 9 Garnet - Direct 70 1 a11 ; to do with the separation? 2 To soma extent, yes. 3 t's not the cause? 4 No. 5 Did it in any way contribute? Probably, yes; some. 7 Since this accident happened, have you at any, 1!8 time, other than while you were sleepinq, been totally free of pain? No... Not ever?.. '"! - No. Not even for one minute? is! ia ~7 ~8 w - ~9! ~0 'Jl ~. :~ No. re you exaggerating? No. have a series of charts in my hand, and would like to ask you what are they? (The w~tness examines documents.) t's. a spread sheet of the different qoctors and medications and treatments that have been to. Who prepared it? did. 3 ~ RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 1 S L.EONRO ORVE FRFX. VRGN 22030 17031 591 3 13S

Garnot - Direct 71 1 How is it organized? 2 t's organized by the doctor or the organization, 3 the date and the type of treatment. nd what was 4 involved - whether it's hospital, doctor, therapy, 5 biofeedback, medication or lost earnings. 6 MR. HRRS: Your Honor, had enlarged this 7 because thought would have succeeded in enlarging it 8 enough that the jury would be able to see. Because in my 9 local courtroom the witness chair is immediately next to 10 the jury. 11 would ask that she be able to approach the jury 12 so that they could see what she is talking about and what 13 she has prepared here. 14 THE COURT: ll right 15 MR. SUTHERLND: would just have an objection to 16 make b~fore we go into that - and if we may approach the 17 bench, 'll be very brief on it. 18 THE COURT: ll right. 19 BENCH CONFERENCE - 20 MR. SUTHERLND: Your Honor, first you have to 21 make the determination of is all these $20,000.00, 22 approximately, worth of medical bills covered under Walters 23 and Littleton. RUDGER a GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 4116 LEONRD DRVE FRFX. VRGN 22030 17031 591 3 36 33

72 f know you're familiar with that case. 2 t's my position that - Walters and Littleton was! f very small, less than $1,000.00 - the Judges of the Supreme t Court had no envision that they would be talkinq about a $ case of this m agnitude to let in medical reports to that 6 effect. That's just the basis for the objection. THE COURT: Your objection to the statements are including the ones for which there are no doctors here or -- MR. SUTHERLND: The objection includes both - but do make a distinction between the two in that there has 1 been no -- do make a distinction that Doctors Kent and Cohen and the physical therapist had at least gone through and said what they -- They didn't establish the amount, 1 and th~y didn't establish that it w.as fair and reasonable, 1 Your Honor. 1~ With respect to the other doctors, it's the same 1!! objection. There has been no establishment of fair and 2~ reasonable - and they're not covered by Walters and Littleton. MR. HRRS: Your Honor, here (indicating) are the 2~ actual bills themselves. They are assembled and RUDGER & GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 4 6 LEONRD DRVE FRFX. VRGN 22030 17031 591.31 36

73 1 organized. 2 t would be our position that elsewhere a bill is 3 presumed to be reasonable until it's shown to be 4 unreasonable. 5 am sure that the Plaintiff can testify that she 6 thought the charge was reasonable or she wouldn't have paid 7 it. 8 There is authority that documents, when they would 9 be burdensome on the Court to go over each and every 10 one -- nd we could have. We certainly had the 11 opportu~ity. Though think Your Honor knows that have. 12 tried to not burden the Court, but to go forward as rapidly 13 as possible in presenting the evidence. 14 nd think it would be grossly unfair to prevent 15 her from putting on her medical bills. Especially where 16 the physicians have testified to the dates that they did 17 whatever it was that they did. 18 nd 'm not sure that in every case, but think 19 each of them said that the usual charge was about $40.00 or 20 $30.00 - or whatever. 21 22 23 THE COURT: MR. HRRS: THE COURT: s this one (indicat.ing) out of line? 'm sorry; didn't understand. t looks like the next to the last RUDGER Be GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFlC, VRGN 22030 17031 591 3 36 35

74 ~ ~ page has qot the total. MR. HRRS: t may have just gotten shuffled. $ MR. SUTHERLND: Your Honor, agree with Plaintiff's counsel. For simplicity of the Court, don't mind him using this instead of these (indicating). ~ Obviously that's easier and it's faster. My objection has nothing to do with that. THE COURT: understand that. Who is this Berger? MR. HRRS: Berger is the one who is doing'the biofeedback. She just mentioned him moments aqo. THE COURT: take-it these Drs. Berger and Bonjourno - whatever his name is MR. HRRS: nd Chalk, believe - are the pain 1~ clinic. 1 1 1~ THE COURT: MR. HRRS: THE COURT: re they going to be testifying? No sir. only see one bill from Dr. 1~ Bonjourno. MR. HRRS: That's correct. ill i ~ : nd there are some here where she has not received a bill, and they're marked as unknown. 2~ :! THE COURT: There's physical therapy?.. L...L,J. RUDGER Be GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 4116 LEONRD DRVE FRFX. VRGN 22030 17031 591 3136

75 1 MR. HRRS: Yes sir; this (indicating) is 2 physical therapy. nd she doesn't know what the charge 3 will be. So we've marked it as unknown. 4 THE COURT: think the bills, as far as the 5 doctors that were here that testified - think, based on 6 the overall testimony, would rule that they indicated 7 that their services were necessary and as a result of this 8 accident. 9 But the bills for the doctors that weren't here 10 are so limited, and the amounts are so small, think W$ 1 11 11 accept them under Walters. 12 MR. SUTHERLND: Okay. 13 One further objection to the last column, Judge. 14 Lost ~arnings. 15 The answers to interrogatories basically state 16 $2,100~00 and something. That's half of what's contained 17 there. 18 Mr. Harris did give me this chart on Monday when 19 Dr. Lane's deposition 20 MR. HRRS: 've given it to you a couple of 21 times. 've given you this chart a couple of times. 22 MR. SUTHERLND: Well, not the lost wages. 23 Up to Monday the lost wages were half of what they RUDGER Be GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX, VRGN 22030 17031 S91 3 1 36 37

! 76 1 are there, Your Honor. So would just object to any ~ future testimony. But do want to make it clear he did give it to me on Monday, which is two days before trial. THE COURT: Well, were they lost wages from a period ago - a long time ago? MR. HRRS: They are as they go along. nd have supplemented this. She has given me a printout on this two or three times, and have given him two or three 1 of these things. 1 He may not have recognized them for what they.l.i. ~~ are. But have given it to him. Only in the last edition when she inadvertently erased some of the stuff did she go back and put in the name for each individual. THE COURT: What's the total - $4,200.00? 1~ MR. HRRS: $4,200.00. THE COURT: 'm going to let them in. MR. SUTHERLND: Thank you, Your Honor. OPEN COURT THE COURT: Before we start, because it may take 2211 28il awhile and don't want to interrupt, let's take about a ten minute recess - and then we '11 get that st arted. \ :LL-------------------~ 3~i! RUDGER St GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX. VRGN 2203C 17031 591 31 36

Garnot - Direct 77 1 (Brief recess.) 2 THE COURT: re -we ready to proceed? 3 MR. HRRS: Yes sir. 4 MR. SUTHERLND: Yes, Your Honor. 5 THE COURT: Bring the jury ~n. 6 (The jury returned to the courtroom and resumed 7 their places in the jury box.) 8 THE COURT: believe the witness was going to 9 stand in front of the jury. 10 (The witness complies with request.) 11 BY MR. HRRS: 12 'll be the holder and you be the explainer; all 13 right? 14 What is this that you have prepared here 15 (indicating)? 16. This is a spread sheet. t's done on a personal 17 computer. t's all my medicals. This row here 18 (indicating) is the hospital and doctor. 19 t's the doctor or the therapist, or whatever 20 organization that saw. The next column over is the date 21 of the visit or the incident - the hospital, the doctor 22 visit, the therapy, biofeedback, medication, medical 23 appliances (which would be, you know, the braces and the RUDGER Be GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX. VRGN 22030 17031 59 3 36 39

Garnot - Direct 78 hot water bottles and the night guard). nd the lost earnings is the time that have had to take off from work. t doesn t include any hours for, you know, weekends : ~ or evenings or anything like that. Could we go over just a few by way of ~~ explanation? Then we will jump to the end. nd then we 1 11 quit, and they can look at it on their own. So if we could start out here (indicating). The first entry here is what? Potomac Hospital. nd the date is? The 23rd of March 1985. nd the amount of the bill is? $238.30. nd we go across - and there are no other entrie~. There's no entry for lost earnings. Why is that? Because it was not during working hours. nd we go down to March 24. nd the only entry here is this entry for $5.23. What is that? 2j 2~ 2~ Medication. gain, there s no entry for lost earnings. Why is Because it was done on my own time. liu 40 11 RUDGER 8t GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX. VRGN 22030 17031 591 3136

Garnet - Direct 79 1 We go to March 23 through pril 3, and we have an 2 entry only over here under lost earnings of $546.56. Why 3 is that? 4 That was during the time that was confined to 5 stay at home. wasn't allowed to work. 6 nd then on the 25th of March, opposite Dr. Kent's 7 name we have an entry - and that is what? 8 $30.00. 9 s that the charge of Dr. Kent? 10 Yes. 11 nd as we go across we find that there is a 00 12 under lost earnings. What is that about? 13 That's during the time that was off from work 14 anyway. 15 nd so it's already included in this amount 16 (indic~ting)? 17 Correct. 18 Let's jump down to this entry for Dr. Kent, and 19 let's carry that one across. 20 t's the 12th of pril. The doctor bill was 21 $30.00. Time off from work -- 22 Here under medicine is something. What is that? 23 That's for medication that would have procured RUDGER Be GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX. VRGN 2203C 17031 591 3136 41

Garnet - Direct 80 1 on the same day. nd then the time off would be the time 2 that was off for the doctor. How did you compute the time off for the doctor? My salary times the amount of time that was away from the office - what would be charged. t what rate were you being paid at that time? $~.00 or $10.00 an hour. don't remember. ll right. Did you put the appropriate calculation in at the time you prepared this? Yes..;3 You know, you can figure that out by goinq back to the time and dividing it out 4. Could you randomly pick several other examples - and there are a couple of spaces here where there is blanks' and there's spaces where there are zeroes. are those about? What The blanks is when Blanks usually will refer to times that went to get medication, or times that were already included when was off from work. nd the zeroes would be times that Like for therapy that would be off from work. 2 Not off from work. Usually my therapy was in the 'ii LL--------------------------------------------------------------~ RUDGER 8: GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 4 6 L.EONRD DRVE FRFX. VRGN 22030 17031 59 3 36

Garnot - Direct 81 1 evening. 2 ll right. 3 Now as we go along we jump over here (indicating) 4 to Potomac Hospital. We have 'doctor- nc. What does 5 that stand for? 6 That's the fault of the spread sheet. That should 7 be under 'hospital'. There was no charge. think that's 8 the time had to go to get an x-ray, and there was a 9 mix-up there and did not have the x-ray. So that there's 10 no charge listed there. 11 When we go down here to one of these others -- 12 Let's take Mr. Chalk, and we go across. What do we have 13 here? We have For therapy we have what charge? 14 $40.00. 15 nd as we go across we have a 00 for lost 16 earnings. Why is that? 17 Because that was an evening appointment. 18 n other words, even though you lost the time out 19 of your life you didn't charge for it unless it was 20 actually during working hours? 21 Right. 22 What happened if your appointment took two hours, 23 and you left from work an hour early? RUDGER 8r: GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 1 6 LEONRD DRVE FRFX. VRGN 22030 17031 591 3136 43

Garnet - Direct 82 Just an hour would be charged. nd that's true all the way through? Right. Does this trend carry all the way through each of these documents? Yes. When we get over on this page (indicating) - who is Dr. Berger? That is Mr. Berger. He is the biofeedback specialist. nd Chalk is the gentleman who was here today? Correct. Tayes? s a physical therapist at Fair Oaks Hospital who is in the pain management program. Now opposite Tayes here in various places is unknown 1 What is that about? have not received those bills to date, so don't know what the charges are.. ~~ nd where there is 1 TayesjB 1 - that's Dr. 2l" Bonjourno. Because he does the trigger point injections. 2~ nd so that was a simultaneous visit. 'd go there and 2,LL_h_a_v_e t_h_e t_r_i_g_g_e_r p_o in_t in--j -e-ct i_o ns_, a_n d_th e_n s_h_e w_o_u_l_d ~ 4~ ', RUDGER l3c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRO ORVE FRFX. VRGN 22030 17031 59 1 3 1 36

Garnot - Direct 83 1 proceed to -- 2 Now could you tell us what your total hospital 3 charge was? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 $230.30. nd your total doctors charges? $3,755.44. Your total therapy charges? Of the known charges, it's $8,395.00. Biofeedback charges? $1,130.00. Medicine charges? $2,379.86. Medical appliances? $652.50. Your lost earnings? $4,258.41. Your total? $20,809.51. 19 MR. HRRS: Thank you. 20 21 You may return to the stand. 'd like to have these marked as. 22 THE COURT: Just a moment before she goes. 23 juror has a question. RUDGER 8c GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 6 l.eonro DRVE FRFX. VRGN 22030 17031 591 3 1 36 45

Garnot - Direct 84 Did that answer your JUROR: 'm not so sure. 'd like to know what her job is. re you a Government worker? THE WTNESS: Yes, am. JUROR: How do you figure lost earnings? THE WTNESS: Well, that's the amount of time of sick leave. But if ever, you know, am sick-- You.know, get sick leave. get credited for sick leave. But the leave here that take - don t have that leave any more. So that if 'm ever out and don't have the leave to take, then 'm-on -- JUROR: But you've been paid for that lost time? ij ~4.. r b THE WTNESS: 1 ve been paid for that lost time. But don't have those hours of leave on the books ' 6 1~ ' 8 '. ~ 9! ~~!l ~~. 2~ JUROR: annual leave? THE WTNESS: Was all your leave used as sick leave or 've had to take both sick and annual for this.. Right now am on sick leave. JUROR: with the Government? THE WTNESS: JUROR: How many years total service do you have Eight years. So you're accruing six hours of annual. r\ LL-------------------,j RUDGER Be GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 16 LEONRD DRVE FRFX. VRGN 22030 17031 59 3 1.36

Garnet - Direct 85 1 leave? 2 THE WTNESS: Right. 3 JUROR: How much has the insurance paid for 4 this? 5 THE WTNESS: 'm sorry? 6 JUROR: How much insurance? 7 THE WTNESS: nsurance has paid - what they'll 8 accept, 75 percent of the charges. But they don't always 9 accept the total amount of cha~ges. 10 THE COURT: ll right; we'll let counsel proceed 11 with the questions. 12 Most of them, think, would be answered by them. 13 But let you do that. 14 MR. HRRS: would like to have these marked as 15 Plaintiff's Exhibit 1. 16 THE COURT: Do you want them all as 1? 17 18 19 20 MR. HRRS: Yes sir; that's fine with me. (The document referred to above was marked as Plaintiff's Exhibit No. 1 for identification.) 21 22 BY MR. HRRS: would like to show you a bundle of papers and 23 ask if you know what they are? RUDGER Be GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 6 LEONRD DRVE FRFX. VRGN 22030 17031 59 3 36 47

Garnet - Direct 86 (The witness examines documents.) Yes; they are the medical bills that have received. on May 7 there is a bill showing here for $175.00 for Dr. Cohen. DO you know what that's for? 6 think it would be for one of the tests that he ' ;7 took. His normal office fee ranged between $35.00 and 8 $45.00. THE COURT: THE WTNESS: Speak up so we can hear you. 'm sorry. t would be for one of the tests that he did. BY MR. HRRS: There appears to be missing from this stack of papers a receipt for medicine for pril 15 - $6.90. Would you know why that is? No. Just oversight. You know, it would be oversight. would probably have it at home, because certainly never put down anything that didn't get charged for. MR. HRRS: 'll just let you examine her on the point. 2 3 would move for the admission of these medical bills as Exhibit 2.. il ~8 RUDGER Bc GREEN REPORTNG SERVCE CERTFED VERBTM REPORTERS 41 6 LEONRD DRVE F=RFX. VRGN 22030 0031 591 3136