IN THE CIRCUIT COURT OF THE
                    FOURTH JUDICIAL CIRCUIT IN AND
                    FOR DUVAL COUNTY, FLORIDA

                    CASE NO. 02-05278-CA   DIV: CV-B

LINDA R. TAYLOR,

          Plaintiff,

v.                             ORIGINAL

TBC CORBPORATION, d/b/a
CARROLL’S, INC., f/k/a
TIRE KINGDOM, a foreign
corporation, and ELVIN 
RIVERA, INDIVIDUALLY,

          Defendants.


	TELEPHONIC DEPOSITION OF LEE POPWELL, CD

	PURSUANT to Notice and/or agreement between the parties, the deposition of LEE POPWELL, DC, by the Defendants, was taken before SANDRA S. FREEMAN, CCR-CVR-CM, on Friday, Sepember 12, 2003, commencing at the hour of 10:15 o\\\'clock a.m. at his office at 3014 Wade Hampton Boulevard, Greenville, South Carolina.  


	ASSOCIATE REPORTING AGENCY, INC.
	Post Office Box 10011
	Greenville, South Carolina  29603
	Ring:  (864)  233-8111	I N D E X
Appearances	3
Stipulations	3
Exhibits	4
Examination By Mr. Leroy	5, 114
Examination By Mr. Dunlap	66, 117
Examinaiton By Mr. Howell	87
Certificate of Notary	119
Keyword Index. . . . . . . . . . . . . . . . . . . .	120
APPEARANCES:

David Dunlap, Esquire
Harris, Guidi, Rosner, Dunlap,
Rudolph, Catlin & Bethea, P.A.
1837 Hendricks Avenue
Jacksonville, Florida 32207

          On behalf of the Plaintiff

John Howell, Esquire
Howell & O’Neal, P.A.
200 Laura Street
Jacksonville, Florida 32202

          On behalf of the Defendant, TBC Corporation

Michael W. Leroy, Esquire
George, Hartz, Lunden, fulmer,
Johnstone, King & Sevens
Suite 925, Signature Plaza
201 South Orange Avenue
Orlando, Florida 32801

		On behalf of the Defendant, Elvin Rivera


STIPULATIONS:
THIS DEPOSITION IS BEING TAKEN PURSUANT TO THE RULES OF CIVIL PROCEDURE; WITH THE READING AND SIGNING BY THE WITNESS BEING EXPRESSLY WAIVED.  COUNSEL DID NOT IDENTIFY THEMSELVES AS REQUESTED BY THE REPORTER WHEN AN OBJECTION WAS MADE, THEREFORE, SPEAKERS MAY BE INCORRECTLY IDENTIFIED OR LISTED AS UNKNOWN.  REPORTER CONFIRMS EACH ATTORNEY ORDERS A COPY, WITH THE ORIGINAL GOING TO MR. LEROY.
(REPORTER NOTES: THIS TRANSCRIPT CONTAINS QUOTED MATERIAL.  SUCH MATERIAL IS REPRODUCED AS READ BY THE SPEAKER. )
	EXHIBITS:
	LEE POPWELL, DC,
AFTER BEING DULY SWORN TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, TESTIFIES AS FOLLOWS:
EXAMINATION BY MR. LEROY:
Q.	Dr. Popwell, good morning again.  Michael Leroy, here on behalf of Mr. Rivera. 
A.	Good morning, Mike.
Q.	Sir, it’s my understanding that we’re going to try to get this deposition done in an hour.  I’m going to move as quickly as I possibly can to get us to that point.  If, at any time, I speak too quickly or you don’t understand what I’m saying, please let me know.
A.	That’s fine.  As a matter of fact, when I queried your secretary earlier, I told her with the states of this case and the depth of it, I thought an hour was being very optimistic.  So, I’ll try to answer quickly, too.
Q.	And quite frankly, Doctor, I didn’t know until just about thirty seconds ago that that was our time frame.  So, let’s get to it.  Sir, I’m here representing Mr. Rivera in a case brought by Ms. Linda Taylor.  Are you familiar with Ms. Taylor?
A.	Yes, I am.
Q.	Do you have, as you sit here today, an independent recollection of Ms. Taylor?
A.	I do.
Q.	Could you describe her for me physically; i.e. identifying characteristics?
A.	Linda carries a little more weight than normal.  I would say height-wise, just off the top of my head, she’s around five foot six.  Strong build.  Those are the physical main characteristics.
Q.	What would you -- as of the last time you saw her, what would you estimate her weight at?
A.	Probably a hundred and sixty-five pounds, a hundred and eighty, right in that range somewhere.
Q.	And you said earlier a little bit more weight than others.  Is that heavy for her frame?
A.	Slightly, it is, yes.
Q.	Sir, when was it that you last saw Ms. Taylor?
A.	I probably last saw her not as a patient when she was, perhaps, by the office for another matter or maybe picking up something or there with her husband when he was treating.  That would probably be the last time I saw her, sometime within the last year. But as a patient, last time I saw her, I would have to check that.
Q.	Do you have your chart in front of you, sir?
A.	Yes.  Actually, in her case, there are several charts because I had treated her previously to the accident in question.
Q.	Correct.  Why don’t we start with the chart and a set of records that pertain to your treatment following the July 9th, 2001 accident.
A.	Okay, good.  I’m with you there.
Q.	Take a look at that and tell me when it was that you last treated Ms. Taylor.
A.	I show her last treatment date here, if I’m correct, at 12/14/02.
Q.	And what were -- what were her complaints at that time and what did you do by way of treatment?
A.	On that date, her complaint was bilateral neck and shoulder p