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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, 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
10 - - -
11
12
13
14
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.
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