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IN THE CIRCUIT COURT OF HANCOCK COUNTY, WEST VIRGINIA
- - -
EDMUND P GRACE, ) CIVIL ACTION NO
) 99-C-236
Plaintiff, )
) Deposition of:
) DANIEL R AERNI, PE
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, PLLC
) 1219 Chapline Street
) Wheeling, WV 26003
- - -
1 Deposition of DANIEL R AERNI, PE, 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, PLLC, 1219 Chapline Street, Wheeling,
7 West Virginia 26003, on Thursday, June 20, 2002, at
8 2:40 pm
9
10 - - -
11
12
13
14
15
Page 2
1 I N D E X
2 WITNESS: PAGE:
3 DANIEL R AERNI, PE
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, PE,
2 began at 2:40 pm)
3 - - -
4 DANIEL R AERNI, PE,
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
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