1




           1               SUPERIOR COURT OF NEW JERSEY
                              MERCER - LAW DIVISION
           2                  DOCKET NO L-1910-02
                                     - - -
           3    KEITH SIMPKINS          :  CIVIL ACTION
                            Plaintiff  :
           4            vs             :
                7-ELEVEN, INC a/k/a    :
           5    SOUTHLAND CORPORATION   :
                        and             :
           6    SEVEN ELEVEN STORE NO  :
                23786                   :
           7            and             :
                OMAR SOSA               :
           8            and             :
                FRANK GUTSCHOW          :
           9            and             :
                ABC CORPORATIONS 1-99   :
          10    fictitious entities     :
                        and             :
          11    JOHN DOE 1-99,fictitious:
                names                   :
          12                 Defendants :
                                     - - -
          13
                           Cherry Hill, New Jersey
          14              Tuesday, February 15, 2005

          15                         - - -

          16                 Deposition of DAVID L JOHNSTON, taken

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

          18    Greenberg & Dietrich, LLP, 457 Haddonfield Road, Suite

          19    120, Cherry Hill, New Jersey, on the above date,

          20    beginning at 10:05 am, before Donna A Bittner,

          21    RMR-CRR

          22                         - - -
                            DONNA A BITTNER REPORTING
          23            REGISTERED PROFESSIONAL REPORTERS
                                   61 Penn Road
          24               Voorhees, New Jersey  08043
                                  (856) 768-6619
          25



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           1    APPEARANCES:

           2            STEVEN D JANEL, ESQUIRE
                           Circle West Office Park, Suite 12
           3               1 Pennington-Washington Crossing Road
                           Pennington, New Jersey  08534
           4
                              Counsel for Plaintiff
           5
                        EDWARD A GREENBERG, ESQUIRE
           6            Daller, Greenberg & Dietrich, LLP
                           457 Haddonfield Road, Suite 120
           7               Cherry Hill, New Jersey  08002

           8                  Counsel for Defendant
                               7-Eleven, Inc
           9
                        PHILIP D PRIORE, ESQUIRE
          10            McCormick & Priore
                           103 Carnegie Center, Suite 203
          11               Princeton, New Jersey  08540

          12                  Counsel for Defendant
                               Frank Gutschow
          13

          14

          15

          16                          - - -

          17

          18

          19

          20

          21

          22

          23

          24

          25



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           1                          - - -

           2           DAVID L JOHNSTON, 301 North Harrison

           3        Street, Suite 114, Princeton, New Jersey, 08540,

           4        after having been duly sworn, was examined and

           5        deposed as follows

           6                          - - -

           7    BY MR GREENBERG:

           8      Q   Good morning, Mr Johnston

           9      A   Good morning

          10      Q   Mr Johnston, we have met previously and we

          11    have gone through the deposition preliminaries

          12    before, but I'll just state them briefly on the

          13    record

          14                  We're here to take your deposition in

          15    the case of Keith Simpkins versus 7-Eleven, et al,

          16    which is pending in the Superior Court of New Jersey

          17    Law Division, Mercer County

          18                  You know this is going to be a question

          19    and answer format  I would ask that you try to keep

          20    your voice up, that you let me know if you don't

          21    understand a question or you don't hear a question

          22    Please wait until I have finished my question before

          23    you start your answer  I'm going to try to wait for

          24    you to finish your answer before I start the next

          25    question