Pleading by keara

VIEWS: 8 PAGES: 8

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 3           IN THE SUPERIOR COURT

 4           OF THE STATE OF MONTANA

 5           IN AND FOR CHEROKEE COUNTY

 6   ( HOMER A. FICTION, et al.,
     (
 7   (                Plaintiffs,
     (
 8   (        -vs-                 No. 712321
     (
 9   ( MOUNTAIN CEMENT, et al.,
     (
10   (                   Defendants.
     (
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16                      DEPOSITION

17                          OF

18                    HOMER A. FICTION

19                       VOLUME I

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22                    Friday, Jul 19 2002

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                         -1-
 1   APPEARANCES:

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 3   Mr. Baker Morrison, ESQUIRE

 4   1234 West Ensign Street,

 5   Joe, Montana 12345-6789

 6   ATTORNEY FOR DEFENDANT

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 9   REPORTED BY:

10   Ralph B. Quist, C.S.R.

11   CERTIFIED COURT REPORTER & NOTARY PUBLIC

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                                    -2-
 1   BE IT REMEMBERED that on Friday, July 19, 2002, commencing at the

 2   hour of 11:00 a.m., at the Law Offices of Nelson, Falmore, Moran

 3   & Morrison, 1234 West Ensign Street, Joe, Montana, before me,

 4   Ralph B. Quist, a duly licensed Certified Shorthand Reporter in

 5   the State of Montana, appeared HOMER A. FICTION, a witness called

 6   by the Defendants in the before entitled action, who, having been

 7   duly sworn by the Certified Shorthand Reporter to tell the truth,

 8   the whole truth and nothing but the truth, testified as follows:

 9   EXAMINATION BY MR. MORRISON

10         Q.    Have you taken any pills or medication of any kind in

11   the last 24 hours?

12         A.    No.

13         Q.    Have you had any alcohol in the last 24 hours?

14         A.    Sure, but not very much this morning.

15         Q.    Is there anything that you're aware of that would

16   impair your ability to testify today?

17         A.    No. Do you have a bathroom?

18         Q.    Have you talked with either Officer Jones or Officer

19   Smith since the accident?

20         A.    Yes.

21         Q.    Okay.    Which one did you talk with?

22         A.    Officer Perry Jones.

23         Q.    When did you talk to him?

24         A.    Two weeks ago.

25         Q.    Did you call him?




                                      -3-
 1          A.   No.   He called me. Officer Smith has been trying to

 2   call me, too.

 3          Q.   What did you and Perry talk about?

 4          A.   He wanted to know if I got my truck fixed yet. I told

 5   him it would be a long time until I have it back from the shop.

 6          Q.   How many chickens got lost after the accident?

 7          A.   150 chickens ran away, and about 50 stayed in the

 8   truck. Some of them came back the next day, I don't know how many

 9   -- all the smart ones did.

10          Q.   When did you first notice the cement truck that hit

11   you?

12          A.   When it was on top of the hood of my pickup.

13          Q.   You didn't see it or notice it until after the

14   accident?

15          A.   That's right, it came out of nowhere and just smashed

16   my pickup. It smashed it real bad.

17          Q.   Did you know that the cement truck was parked, with

18   the engine off, and nobody was driving it when the accident

19   occurred?

20          A.   No. Who says that?

21          Q.   You are asking over $1,000,000 in damages for the

22   accident, is that correct?

23          A.   Yes, but I wouldn't get all of the money myself, my

24   attorney would get about     -- um, I think he would get about

25   $660,000 of the money and I would get all of the rest of it. He




                                       -4-
 1   came right over to the scene of the accident real fast after he

 2   heard the siren on the ambulance.

 3         Q.    Your attorney is Dewey Cheatem, right?

 4         A.    Yes.

 5         Q.    Did he give you any instructions about what to say

 6   during this deposition?

 7         A.    Sure, we talked about that more than all of the other

 8   stuff. He made real sure that I should say I still hurt real bad,

 9   but my girlfriend says I seem just fine to her. She doesn't like

10   me driving around in her car, though. That makes her madder than

11   me wrecking old blue.

12         Q.    Why did your attorney drop you off and rush off after

13   coming here with you this morning?

14         A.    We heard about this other wreck on the radio driving

15   up to the building, and he said that he would be here as soon as

16   he could.

17         Q.    Ok, I want to ask you a few more things about the

18   $1,000,000 you are asking for. You are claiming $100,000 for a

19   "Bruce". What is a "Bruce"?

20         A.    The Chicken.

21         Q.    The Chicken?

22         A.    Bruce. My chicken.

23         Q.    $100,000 for a chicken?

24         A.    Yeah. What's wrong with that? Do you think it should

25   be more?




                                      -5-
 1         Q.    How could a chicken be worth that much money?

 2         A.    You don't know Bruce. Here, I have a picture of him

 3   in my wallet.

 4   PLAINTIFF PULLS A PICTURE FROM HIS WALLET

 5   This is Bruce. The one standing near the front.

 6         Q.    Ok, so? It's just a chicken.

 7         A.    Ever seen a chicken play tic-tac-toe?

 8         Q.    You're kidding.

 9         A.    Bruce played tic-tac-toe. He'd beat ya every time.

10   Ever taken a 'lickin from a chicken?

11         Q.    What happened to Bruce?

12         A.    After the wreck, after the cement truck blammed into

13   me -- I was knocked silly for a little bit. It took a little

14   while for me to get my wits about me, then I noticed that the

15   chicken cage in the back of the truck was smashed some, and the

16   door was open. A hundred and fifty got away. I bet Bruce was a

17   leadin' the pack when they made their run for it. Anyways -- most

18   of the chickens went right back home, because they're all real

19   smart, and that, but Bruce never came back. He went out to make

20   it on his own in the world I suppose. Old man Ike said he saw

21   Bruce the next day over at the Office, and that's it.

22         Q.    The "Office"?

23         A.    The Office. That's the bar over by the bowling alley.

24         Q.    What was Bruce doing at the Office?

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                                    -6-
 1         A.    Well, yeah -- 'ya silly. He was prob'ly trying to

 2   make some pin money.

 3         Q.    How would Bruce make "pin" money at the Office?

 4         A.    Playing tic-tac-toe with the hicks.

 5         Q.    And he wins?

 6         A.    Every time. No one has ever beat him.

 7         Q.    How much does he win?

 8         A.    In July he won $50.

 9         Q.    What does Bruce do with the money he wins?

10         A.    I don't know.

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                                       -7-
 1   CERTIFICATE

 2   I, Ralph B. Quist, Certified Shorthand Reporter and Notary Public

 3   in and for the County of Cherokee, State of Montana, hereby

 4   certify that the foregoing pages, and including this page,

 5   contain a true and correct transcript of the testimony of the

 6   witness, as taken by me at the time and place heretofore

 7   stated, and later reduced to typewritten form by computer-aided

 8   transcription under my supervision to the best of my skill and

 9   ability.

10   I further certify that I placed the witness under oath to

11   truthfully answer all questions in this matter under the

12   authority vested in me by the State of Montana.

13   I further certify that I am not in the employ of, or related to,

14   any counsel or party in this matter, and have no interest,

15   monetary or otherwise, in the final outcome of the proceedings.

16   Witness my signature and seal this the 10th day of October, 1994.

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18   Ralph B. Quist, CSR

19   My Commission expires Dec. 31, 2010

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