IN THE CIRCUIT COURT OF HANCOCK COUNTY, WEST VIRGINIA
   
                              - - -
   
   EDMUND P. GRACE,             ) CIVIL ACTION NO.
                                )    99-C-236
               Plaintiff,       )
                                ) Deposition of:
                                ) DANIEL R. AERNI, P.E.
       vs.                      )
                                ) Deposition Date:
   DAVID LEE POPISH and         ) June 20, 2002
   CITY OF WEIRTON, a           )
   Municipal corporation,       ) COUNSEL PRESENT:
                                )
               Defendants.      ) Robert P. Fitzsimmons, Esq.
                                ) FITZSIMMONS LAW OFFICES
                                ) 1609 Warwood Avenue
                                ) Wheeling, WV  26003
                                )
                                ) Leonard J. Tost, Esq.
                                ) 3545 Pennsylvania Avenue
                                ) Weirton, WV  26062
                                )
                                ) Mark A. Kepple, Esq.
                                ) BAILEY & WYANT, P.L.L.C.
                                ) 1219 Chapline Street
                                ) Wheeling, WV  26003
   
                              - - -


 1        Deposition of DANIEL R. AERNI, P.E., a witness
 2  herein, called to testify, taken pursuant to the
 3  West Virginia Rules of Civil Procedure by and before
 4  Stacie R. Fouty, a Court Reporter and a Notary Public in
 5  and for the State of West Virginia, at the law offices of
 6  Bailey & Wyant, P.L.L.C., 1219 Chapline Street, Wheeling,
 7  West Virginia  26003, on Thursday, June 20, 2002, at
 8  2:40 p.m.
 9 
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11 
12 
13 
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15 

                                                 Page 2
 1                          I N D E X
   
 2 WITNESS:                                     PAGE:
   
 3 DANIEL R. AERNI, P.E.
   
 4 EXAMINATION - BY MR. FITZSIMMONS                4
   
 5                            - - -
   
 6                       E X H I B I T S
   
 7 EXHIBITS:                                    MARKED:
   
 8 EXHIBIT NO. 1                                  55
   
 9                            - - -

                                                 Page 3
 1        (Whereupon, the deposition of DANIEL R. AERNI, P.E.,
 2  began at 2:40 p.m.)
 3                            - - -
 4                   DANIEL R. AERNI, P.E.,
 5  having been first duly sworn, was examined and testified
 6  as follows:
 7                            - - -
 8                    E X A M I N A T I O N
 9  BY MR. FITZSIMMONS:
10  Q.    Was Officer Popish responding to an emergency?
11               MR. KEPPLE:  Objection to form.
12               THE WITNESS:  I don\'t know.
13  BY MR. FITZSIMMONS:
14  Q.    Have you ever testified on behalf of police conduct
15        before in a case?
16  A.    I believe I have.
17  Q.    I thought, at least from the designation I looked
18        at, you were going to talk about the culpability of
19        the parties to this accident.  Is that not true?
20  A.    I suppose in a sense it\'s true.
21  Q.    Okay.  Let\'s talk about the culpability of Popish.
22        Did speed play any part, whatsoever, in this
23        accident?
24  A.    (No response.)

                                                 Page 4
 1                    (Brief pause.)
 2  BY MR. FITZSIMMONS:
 3  Q.    Are you still with us, Mr. Aerni?
 4  A.    I am still here.
 5               MR. FITZSIMMONS:  Would you time this answer,
 6  Stacie, please?
 7               THE WITNESS:  I can\'t rule out that it did.
 8  BY MR. FITZSIMMONS:
 9  Q.    That wasn\'t my question.  Would you answer my
10        question?
11  A.    I thought I did.
12  Q.    Did it play any part in the accident?
13               MR. KEPPLE:  Objection, asked and answered.
14               THE WITNESS:  I can\'t rule out that it did.
15  BY MR. FITZSIMMONS:
16  Q.    That\'s not my question.  Did it play any part in the
17        accident?
18               MR. KEPPLE:  Objection, asked and answered.
19        You can answer again.
20               THE WITNESS:  I can\'t rule out that it did.
21  BY MR. FITZSIMMONS:
22  Q.    That\'s not the question.  Did it play any part in
23        the accident?
24               MR. KEPPLE:  Objection, asked and answered.

                                                 Page 5
 1               THE WITNESS:  I can\'t rule out that it did.
 2  BY MR. FITZSIMMONS:
 3  Q.    Would you answer my question, Mr. Aerni.  You are
 4        not - you\'re avoiding the question.
 5               MR. KEPPLE:  Objection to the
 6  characterization.  He\'s answered your question.
 7               THE WITNESS:  I have answered the question.
 8               MR.