June 02, 2014

May 1997 - To Tell You The Truth

From Larry D. Warren of San Antonio (Ball & Weed), this excerpt from his deposition of the plaintiff in a highway construction case - in which the attorney for the plaintiff was Abner Burnett of Odessa.

Q. All right. The police report - you've just gone through you being at the Bonham Exchange nightclub the night of Nov. 11 [and] you left at 11 p.m. and went home.

A. Yes.

Q. You were at home, watched TV a while and went to bed?

A. Yes.

Q. You woke up the next morning about what time?

A. To tell you the truth, I can't recall.

Q. Okay, but you woke up and had breakfast with your wife and your son?

A. Yes.

Q. Now, the police report says the accident that you were involved in was Nov. 12 at 2:30 a.m.

A. Yes.

Q. Okay, so sometime while you're sleeping at your home on Perrin Beitel, you were also involved in an accident at I-10 and Callaghan Road?

A. Yes.

Q. Can you tell me how that happened?

A. To tell you the truth -

Q. Just tell me what you know.

Mr. Burnett (wisely): You're completely lost.

The witness: Yes, I'm completely lost.

Mr. Burnett: Can we just take a short break?

Mr. Warren: Go ahead, let's do that.

Mr. Burnett: Otherwise, we'll be here a long time.

(There was a brief recess.)

By Mr. Warren:

Q. Mr. Riojas, Your attorney has advised me that you are under some sort of medication; is that right?

A. Yes.

Q. And it's your understanding that this medication affects your ability to remember things?

A. Yes.

Q. Can you just tell me briefly who is the doctor that is prescribing this type of medication for you?

A. To tell you the truth, I can't recall.

Shortly after this, the attorneys "agreed to adjourn the deposition to a later date."