BY MR. BROWN:
Q. Deputy, you testified as to having observed
certain skid or tire marks on the pavement, is that
correct?
A. Yes, sir.
Q. Could you tell us what you mean by a skid
mark?
A. A skid mark is a residue left from the tire
of the car upon the pavement of the highway. This is
usually caused by either braking or skidding.
Q. Is there a difference between a brush mark or
a skid mark?
A. Yes.
Q. What is the difference, sir?
A. I can't explain it, but I know there is a
difference.
Q. Based on your experience of having
investigated accidents, is there anything that you can
determine or draw a conclusion from with respect to one
having seen a skid mark versus a brush mark?
A. I don't understand the question. Would you
rephrase or repeat it please?
Q. With respect to your investigating accidents
in the past, and having seen skid marks on the pavement,
and knowing what the result of an automobile being in that
position might have been, and similarly having
investigated vehicle occurrences where you have observed
brush marks on the pavement, would you know whether or not
with respect to a skid mark a car is traveling straight
ahead or with respect to a brush mark whether a car might
be traveling sideways?
A. I don't feel that I would be qualified to
answer that. The skid marks we find usually go straight
or off to an angle.
Q. If a car is skidding or sliding sideways, is
it likely that you would find four such skid or brush
marks from each such tire?
MS. LEE: I object to that question, your
Honor, on the ground that the witness has stated he is not
qualified to make that characterization.
THE COURT: Sustained.
MR. BROWN: This is not with respect to any
conclusion. I am asking him with respect to any markings
he would be likely to observe on the pavement.
THE COURT: You are asking him for an expert
opinion and it is quite obvious that you have not yet
qualified him as such.
BY MR. BROWN:
Q. When the Judge was asking you questions with
respect to the length of the skid marks, you stated that
you were assisted by another deputy, is that correct?
A. Yes, sir.
Q. And that you had instructed the deputy to
take measurements from a point at the rear of the Williams
vehicle in its position of rest, extending in an easterly
direction and then southerly to the point where those skid
marks disappeared?
A. I requested that he take them from the
visible point to the last visible point, which would be
either at the wheel of the vehicle or in close proximity
to it.
Q. The measurements which you gave, then, cover
the apparent path of the Williams' vehicle in a northerly
direction, as well as its path as it traversed those two
southbound lanes going westerly?
A. Yes, sir.
THE COURT: May I interrupt you gentlemen at
this point to determine for our scheduling process how
much longer you expect to be with this witness.
MR. BROWN: I do not expect, your Honor, that
the balance of my examination would be very lengthy. I
did inform, you, however, as you may remember, that
Dr. Green is suffering from the flu and will not be
available to testify until next Wednesday.
THE COURT: Will you be resting, then, with
the exception of the doctor?
MR. BROWN: That is correct.
THE COURT: In other words, you will have no
further testimony to offer relative to the issue of
liability?
MR. BROWN: That's right, your Honor, at this
time.
THE COURT: You, I assume, will have
testimony of a medical nature to offer, as you indicated
to me in chambers, Mr. Lee?
MS. LEE: Yes, your Honor.
THE COURT: Very well, thank you, gentlemen.
Please continue with your examination of the witness,
Mr. Brown.
BY MR. BROWN:
Q. Did you talk to Mrs. Freedman on the day of
the accident?
A. No, I spoke to her the day after on the phone
for the first time, as I remember.
Q. Could you tell me how you got her name in
order to talk to her on the telephone?
A. Deputy Kelly on page 5 of his report supplied
the accident diagram and the witness' names.
Q. Did he indicate how he discovered the
witness' name?
A. No, sir, he did not.
Q. Now, you told us that you did not take a
statement from Mrs. Williams at the scene of the accident,
is that correct?
A. I don't believe I took any statement from
anybody at the scene, sir.
Q. Prior to her leaving the scene of the
accident, did you observe any injuries that she might have
sustained?
A. From the report she had facial lacerations
that I most likely saw, but I don't remember too vividly
at this point.
Q. Do you remember whether you spoke to her at
the hospital room or in the emergency room that night?
A. I believe it was the emergency room.
Q. Now, you stated that the Williams vehicle
left 110 feet of skid marks up to the point where it
crossed the double line, is that right?
MS. LEE: I object to that.
THE COURT: He may answer that question.
What did you state, Deputy?
THE WITNESS: I don't know my exact words,
sir.
THE COURT: He may ask the officer.
MS. LEE: As I was given to understand, your
Honor, Deputy Kelly was the party who was responsible for
the measurements. Perhaps I am wrong. If so, please
forgive me.
THE COURT: We will permit him to ask. It
would be well to ascertain that. This witness is
certainly competent to answer.
A. Well, the diagram shows 110 feet. I would
assume it is from where they first became visible to the
front or rear tire of vehicle number 1, the Williams
vehicle.
Q. Vehicle number 2 left 36 feet of skid marks,
is that correct?
A. Yes.
Q. And that was the Sullivan vehicle?
A. Right.
Q. Showing you Exhibit 10 for identification,
and directing your attention to the line on the highway
leading up to the right rear wheel of the Williams car,
would that be part of the skid marks that you observed?
A. Yes, sir, to the best of my recollection.