Deposition Law
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Transcript41
  1. 18Q. I'm handing you what's been marked as
  2. 19 Exhibit 7. Do you recognize it?
  3. 20A. That's my driver log for that week.
  4. 21Q. Look at the entry for March 13th. It
  5. 22 shows you off duty at 6:00 p.m., correct?
  6. 23A. That's what it says.
  7. 24Q. Is that accurate?
  8. 25A. No. I was still driving at 9:00.
Summary

41:18–41:20 checked

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Deposition of Dale R. Minter

41
  1. 1Q.Mr. Minter, on the morning of March 14th,
  2. 2what time did you start your shift?
  3. 3A.About 4:30. I clocked in at the yard.
  4. 4Q.And when did you last sleep before that?
  5. 5A.I got maybe four hours. I'd come off a
  6. 6double the day before.
  7. 7Q.Four hours. Did you report that to
  8. 8dispatch?
  9. 9A.No. Nobody asks.
  10. 10Q.Does Brightline have a fatigue policy?
  11. 11A.There's something in the handbook. I
  12. 12couldn't tell you what it says.
  13. 13MS. OKAFOR: Objection. Form.
  14. 14Q.You can answer.
  15. 15A.I signed for the handbook. I didn't read
  16. 16that part.
  17. 17(Exhibit 7 marked for identification.)
  18. 18Q.I'm handing you what's been marked as
  19. 19Exhibit 7. Do you recognize it?
  20. 20A.That's my driver log for that week.
  21. 21Q.Look at the entry for March 13th. It
  22. 22shows you off duty at 6:00 p.m., correct?
  23. 23A.That's what it says.
  24. 24Q.Is that accurate?
  25. 25A.No. I was still driving at 9:00.
1:12:04Video follows the transcript

41:17–41:25 checked against the transcript.

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4 passages in 3 matters

  • Teresa Ilunga, M.D.: The CT showed a displaced fracture of the left tibia, which we repaired surgically the next morning.

    Harlow v. Brightline Freight, at 18:4

  • Teresa Ilunga, M.D.: She described her pain as an eight out of ten at discharge.

    Harlow v. Brightline Freight, at 22:11

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    Ostrowski v. Calder Grocers, at 9:14

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    Pierce v. Northgate Apartments, at 33:20

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Lines 41:18–41:20

  • Admission41:24–41:25

    Contradicts his own log. Pair with Exhibit 7 at trial.

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Deposition of Dale R. Minter

Case: Harlow v. Brightline Freight, Inc.
Case No.: No. 24-CV-03187

Page:LineSummaryTopic
41:1–41:9

Began his shift at about 4:30 a.m. on March 14, clocking in at the yard.

Slept about four hours after a double shift the day before. Did not tell dispatch.

Start of shift and fatigue
41:10–41:25

Knew the handbook had a fatigue policy; signed for it but never read that section.

Identified Exhibit 7 as his driver log. The 6:00 p.m. off-duty entry for March 13 is false; he was driving at 9:00.

Fatigue policy and the driver log
42:1–42:14

Night supervisor Ray Castillo told him what to enter in the log, sometimes by text.

Believes the texts are still on his phone; has deleted nothing.

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The draft says

Witness admitted he ran the red light at Delmar. (42:23–42:25)

The transcript says
  1. 23Q.Was the light yellow or red?
  2. 24A.It was yellow when I saw it.
What you get

Witness says the light was yellow when he saw it and he could not stop in time. (42:23–42:25)

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