1




           1           IN THE UNITED STATES DISTRICT COURT
                    FOR THE EASTERN DISTRICT OF PENNSYLVANIA
           2
                                     - - -
           3
                SANDRA KAMINSKI        : CIVIL ACTION
           4
                       vs             :
           5
                7-ELEVEN, INC and     :
           6    SAYED B SAID          : No 03-4715

           7
                                  - - -
           8
                           Cherry Hill, New Jersey
           9               Friday, September 10, 2004

          10                         - - -

          11                 Deposition of DAVID L JOHNSTON, taken

          12    pursuant to notice, at the law offices of Daller,

          13    Greenberg & Dietrich, LLP, Libertyview, 457

          14    Haddonfield Road, Cherry Hill, New Jersey, on the

          15    above date, beginning at 9:49 am, before Donna A

          16    Bittner, RMR-CRR

          17

          18                         - - -

          19
                            DONNA A BITTNER REPORTING
          20            REGISTERED PROFESSIONAL REPORTERS
                                   61 Penn Road
          21               Voorhees, New Jersey  08043
                                  (856) 768-6619
          22

          23

          24



                                  David L Johnston                     2




           1    APPEARANCES:

           2            BARRY S YACHES, ESQUIRE
                        Baran & Yaches
           3               400 Greenwood Avenue
                           Wyncote, Pennsylvania  19095
           4
                              Counsel for Plaintiff
           5

           6            EDWARD A GREENBERG, ESQUIRE
                        Daller, Greenberg & Dietrich, LLP
           7               Eight Tower Bridge
                           161 Washington Street, Suite 900
           8               Conshohocken, Pennsylvania  19428

           9                  Counsel for Defendants

          10

          11

          12

          13

          14                          - - -

          15

          16

          17

          18

          19

          20

          21

          22

          23

          24



                                  David L Johnston                     3




           1                 (It is hereby stipulated and agreed by

           2    and between counsel for the respective parties that

           3    signing, sealing, filing and certification are

           4    waived; and that all objections, except as to the

           5    form of the question, are reserved until the time of

           6    trial)

           7                          - - -

           8           DAVID L JOHNSTON, 121 East Fifth

           9        Street, Palmyra, New Jersey, 08065, after having

          10        been duly sworn, was examined and deposed as

          11        follows

          12                          - - -

          13                 COURT REPORTER:  Usual stipulations?

          14                 MR YACHES:   Are you familiar with the

          15    usual stipulations as opposed to reading and signing

          16    the deposition?

          17                 The question is, would you like to read

          18    and sign the deposition?  Would you like to read the

          19    deposition after it's transcribed to make sure that

          20    all your answers were correctly set forth in the

          21    deposition and/or that if you misspoke you might want

          22    to correct a misstatement?

          23                  THE WITNESS:  I generally do not --

          24                  MR YACHES:   Okay



                                  David L Johnston                     4




           1                  THE WITNESS:  -- review the deposition

           2                  MR YACHES:   We can make that decision

           3    at the end of the deposition

           4                  THE WITNESS:  All right

           5    BY MR GREENBERG:

           6      Q   Good morning, Mr Johnston  My name is Edward

           7    Greenberg  I represent the defendants in the Sandra

           8    Kaminski case

           9                  As you know, we're here today to take

          10    your deposition as an expert in the case  I'm sure

          11    you've given depositions before, but I'm going to

          12    give you some preliminary instructions on the record

          13    and I'm going to ask that you comply with them

          1