Page 4
2 being produced, sworn as hereinafter certified and
3 examined on behalf of the Defendants Rokes and
4 Farrell, testified as follow:
7 Q. Would you please state your name?
8 A. Tammy Kleinheksel.
9 Q. Okay. How old are you?
10 A. Twenty.
11 Q. What's your date of birth?
12 A. December xx, 19XX.
13 Q. And what's your current address?
14 A. 106 Ardis, Hudson, Iowa.
15 Q. And who do you live there with?
16 A. My parents and my younger brother.
17 Q. Okay. Could you give us their names.
18 please?
19 A. Lyle and Rosemary and Chris.
20 Q. Is Chris your brother?
21 A. Uh-huh.
22 Q. How old is Chris?
23 A. Eighteen.
24 Q. Is he in school?
25 A. Yes.

Page 5
1 Q. Where does he go to school?
2 A. He's in his first year at UNI.
3 Q. Have you ever given a deposition before?
4 A. No.
5 Q. I know you sat through one yesterday.
6 If you don't understand a question that I ask you
7 please let me know. If you answer a question,
8 we're going to assume you understood it. Is that
9 okay?
10 A. Yes
11 Q. If you could avoid using phrases like
12 "uh-huh" and "uh-huh" we'd appreciate it. It
13 makes it a little easier for us to read. And we
14 will need for you to give verbal answers. Do you
15 understand that?
16 A. Yes.
17 Q. Can you give me your educational
18 background, please?
19 A. I graduated from Hudson High School. I
20 took a year at Ellsworth last year and I'm at
21 Hawkeye Community College now.
22 Q. When did you graduate from Hudson High
23 School?
24 A. 1977.
25 Q. Was that in May or June?

Page 6
1 A. May.
2 Q. And when did you go to Ellsworth?
3 A. August of '97.
4 Q. How were your grades in high school?
5 A. Average.
6 Q. Average. When you say average, what do
7 you mean?
8 A. C's and B's.
9 Q. Did your grades change after the
10 accident of October 4th, 1996?
11 A. Well, yes, because I was put in a
12 resource room after the accident when I came back
13 to school. And the resource room is sort of more
14 for people who have like learning disabilities or
15 handicaps. And I was put in that and she helped me
16 catch up on my work, because I missed so much. And
17 the teachers I think were really nice to me and
18 they let me, you know, slide on some of the work
19 I missed, so I had pretty much all easy
20 classes left, because it was my senior year and I
21 took all the required classes before.
22 Q. How were your grades at Ellsworth?
23 A. I only took a couple of regular college
24 classes there, 'cause I was put in a community
25 vocational program, and that was -- I got into that

Page 7
1 'cuse I'm a Voc Rehab client. Voc rehab helps
2 slower people and mentally handicapped people, the
3 help get them a job, help them with school and help
4 them living, you, on your own.
5 Q. How did you become a Voc Rehab client?
6 A. That was when I got in the resource
7 room, and I was put in Voc Rehab too.
8 Q. Who was the provider of those Voc Rehab
9 services, you you know?
10 A. Well, the counselor that I talked to was
11 Mike Cowell.
12 Q. Do you know who his employer is? Does
13 he work for Area 7?
14 A. Yeah, Area y.
15 Q. First how did you choose Ellsworth?
16 A. Because they had this program up there
17 that they told me about. They have a house that
18 you do live in, but you pay the rent, and the
19 teachers up there, you go in this program and the
20 teachers check up on you to make sure you're living
21 in the house good. Then you go to their classroom
22 for the whole day and they get you job sites out in
23 Iowa Falls, where Ellsworth is located, and they
24 help you just find out -- just to help you out with
25 school and to get a job and to be out in a

Page 8
1 workplace.
2 Q. Can you describe the program? Did it
3 have a name?
4 A. It was CVBT.
5 Q. Do you know what that stands for?
6 A. It's Community Vocational-Based -- I
7 have no idea what the T stands for.
8 Q. Was there a particular area of study
9 that you were involved in?
10 A. Like for classes?
11 Q. Well, was this program -- were you
12 taking classes geared toward a certain career or
13 job?
14 A. No. 'cause there I basically just took
15 the program, and then I took a couple classes.
16 Q. What kind of classes did you take?
17 A. I took a math class, an English class
18 and a computer class.
19 Q. Do you recall how you did in those
20 classes as far as grades?
21 A. I did pretty good, because the teachers
22 for the program are like tutors too, and they would
23 always help me out with my homework for those
24 classes.
25 Q. Could you compare those classes to your

Page 9
1 high school classes?
2 MR. GALLAGHER: You mean the resource
3 part, Henry?
4 MR. BEVEL: No, I'm talking about the
5 regular classes.
6 A. Compare them?
7 Q. Yes.
8 A. They were a lot harder because they're
9 college.
10 Q. Which ones were a lot harder? The
11 college classes were harder?
12 A. Just comparing college to high school, I
13 mean, I don't remember my high school classes very
14 much.
15 Q. Were your college grades better than
16 your high school grades?
17 A. Of which year?
18 Q. Well, let's say before the accident,
19 were your grades -- the grades that you received
20 before the accident compared to the grades that you
21 received at college, which ones were better?
22 A. Well, the college ones, because I got
23 help. I had so much resource help, so much -- that
24 program helped me, and the teachers.
25 Q. Well, what did you have to do with the

Page 10
1 college classes? Did they do your work?
2 A. No. They helped me.
3 Q. Okay. How did they help you?
4 A. They helped me -- -for my English class,
5 she helped me -- would go with me and revise my
6 paper, and to help me figure out which of the
7 paragraphs should be moved around. Helped me to
8 like find spelling words.
9 Q. When they would help you, for example,
10 with a paper, would she point out places where you
11 needed a new paragraph and then you would make the
12 change?
13 A. Uh-huh.
14 Q. is that "yes"?
15 A. Yeah, she would go through it and read
16 it and look through it and see my mistakes. She
17 would write it on there and explain it to me. Then
18 I'd go retype it.
19 Q. Okay. Now the person that did this, was
20 this a tutor or was this the teacher?
21 A. They are teachers and tutors together.
22 Q. Can you give me the names of some of the
23 teachers that you had at Ellsworth?
24 A. In the program was Lori Bolton -- I'm
25 sorry, Lori Mulford and Beth Bolton were the two

Page 11
1 program teachers.
2 Q. Did you have any other instructors at
3 Ellsworth?
4 A. I had my teachers for my classes.
5 Q. Okay. Can you give me their names, some
6 or their names?
7 A. Ms. Maynard was one of them.
8 Q. What did she teach?
9 A. Math. I don't remember the other ones.
10 Q. Now all of the classes that you took at
11 Ellsworth, were they all in the CBTV program?
12 A. No. The program was by itself and then
13 I took some college classes, but the program is on
14 the campus, but me and a couple other students, you
15 know, you can go out and take some college classes.
16 Q. Do you have any career goals?
17 A. I've always wanted to be a teacher.
18 And, I don't know, I'm thinking about trying to go
19 for it, but honestly I know that I will not be able
20 to get into UNI because it takes a 2.5 grade point
21 average, and honestly I know that I will not get
22 into it, the College of Teaching and be a teacher,
23 because I'm still thinking about just trying.
24 Q. Has anyone told you that you shouldn't
25 try to do this?

Page 12
1 A. Like --
2 Q. Has anyone told you that you shouldn't
3 try to be a teacher?
4 A. How would that hurt to try?
5 Q. No, I'm asking that. Has anyone told
6 you that you shouldn't try?
7 A. No, no one has seen why it should hurt.
8 Q. Okay.
9 A. I mean, they've told me that, you know
10 that's why I don't think that I would be able to do
11 it, because I've heard that I probably wouldn't,
12 but for myself I'm going to try?
13 Q. Who has told you you probably wouldn't
14 be able to do it?
15 A. I've had like doctors. They don't
16 really tell me specifically, but just tell me like
17 my problems and everything, so to me I can figure
18 it out.
19 Q. Okay. Did any doctor tell you that you
20 shouldn't try?
21 A. To be a teacher?
22 Q. Right.
23 A. They really don't know about it so --
24 Q. Okay. Has any doctor told you that you
25 don't have a good chance of becoming a teacher?

Page 13
1 A. I'm not sure if they knew about it
2 anyway, about me being one.
3 Q. Have you told any of your doctors that
4 you would like to become a teacher/
5 A. No. They never asked.
6 Q. Are you questioning your ability to
7 become a teacher?
8 A. Yeah. Myself, I know that I probably
9 won't be able to.
10 Q. Why are you questioning your -- are you
11 questioning that bases on something that someone
12 has told you?
13 A. I know for myself.
14 Q. Why do you know that for yourself?
15 MR. GALLAGHER: I'm going to object. I
16 think she's answered that. It's repetitious.
17 MR. BEVEL: I haven't asked her that.
18 MR. GALLAGHER: I think she's told you
19 that.
20 Go ahead, one more time.
21 THE WITNESS: What was the question?
22 Q. You've said that you've questioned your
23 ability to become a teacher, and I'm asking you,
24 why do you question it?
25 A. Because I can't think like I used to,

Page 14
1 like comprehending things, do the work at school. I
2 just can't remember things. I mean, I have brain
3 damage; okay?
4 Q. Did you have -- did you participate in
5 any extracurricular activities while you were in
6 high school?
7 A. Before the accident or --
8 Q. Before the accident.
9 A. Yes, I was a cheerleader.
10 Q. Any particular sport?
11 A. It was for wrestling, basketball and
12 football.
13 Q. When were you a cheerleader?
14 A. I know in junior high I was. I mean I
15 just know I was a couple of years in high school, and I
16 just can't remember which years they were
17 Q. Any other extracurricular activities?
18 A. No, you really couldn't, because if
19 you're a cheerleader you couldn't play basketball
20 or anything.
21 Q. Were you a member of any other clubs or
22 were you active in church?
23 A, I can't really remember anything.
24 Q. You're a student at Hawkeye Community
25 College not?

Page 15
1 A. Uh-huh.
2 Q. What courses are you taking at Hawkeye?
3 A. I'm taking accounting, beginning
4 keyboarding, database and spread sheets and
5 structures of English.
6 Q. Are you in a special program at Hawkeye?
7 A. Yes. They have an accident support
8 center, and I filled out the papers that asked for
9 my doctors and my Voc Rehab counselor, and so this
10 allows me to go there to the academic support
11 center and get tutoring, get help. I can get my
12 tests taken there, I can have my tests read to me,
13 It's basically like a resource room too, but more.
14 Q. Have you received any grades at Hawkeye?
15 A. I've gotten some of my mid-term grades.
16 Q. Could you tell us what they were?
17 A. For database and spread sheets it was a
18 D and structures of English it was an F. And from
19 accounting she has never given me a piece of paper,
20 but from by test scores I'm thinking it's a C.
21 Q. Are you using the tutor for your
22 database or data entry class?
23 A. I have a tutor for accounting, and I see
24 the academic support center to take my tests for
25 English and database and accounting in there. I go

Page 16
1 in there to use the computers, because with
2 database you're mostly on the computers.
3 Q. Can you give me the names of your
4 instructors?
5 A. Mr. Hoffman is my database. Ms. Ribley
6 is my accounting. And I do not know by keyboarding
7 or structures of English.
8 Q. You don't know their names?
9 A. No.
10 Q. Do you know which section of English
11 you're in? What time is that class?
12 A. 12--1:20 to like 2:25.
13 Q. On what days?
14 A. On Monday, Wednesday and Friday.
15 Q. Are you employed not?
16 A. Yes.
17 Q. Where do you work?
18 A. Target in Waterloo.
19 Q. And how many hours a week do you work?
20 A. About 10 to 15 to 20. No very many.
21 Q. And who is your supervisor at work?
22 A. Like -- I mean I don't know about
23 supervisors, 'cause when you're cashiering you have
24 a head cashier there, a different one every night.
25 Q. Can you give me the names of some of the

Page 17
1 head cashiers you work under?
2 A. I don't know their last names, but I
3 know their first names.
4 Q. Okay, that's fine.
5 A. There's Mickey, Judy, Patty. There's
6 more, but I cannot remember their names.
7 Q. How long have you worked at Target?
8 A. Since the summer, late summer, so I've
9 worked in there a little over three months.
10 Q. Can you just give me your employment
11 history starting with your first job?
12 A. I have baby-sat. Throughout like high
13 school was an office assistant in an office. I
14 had a paper route. For since I was like 13 I had a
15 paper route. And I quit that to go to Happy Joe's
16 in Waterloo. I was there for two years and I quit
17 that to move on to Ellsworth. And at Ellsworth or
18 in Iowa Falls I worked at the Princess Cafe for a
19 couple of days or a couple of weeks, because they didn't
20 give me very many hours, Riverside Book & Bible
21 it's a warehouse, and Walter Buffaloes, it's a pizza
22 bar restaurant. And I have also worked at job
23 sites, job sites for the program, and that was at
24 Pineview Elementary School, at Riverside offices,
25 and I'm not sure if I had another one or not. I

Page 18
1 can't think of it.
2 Q. Le me back up one second. Can you tell
3 me why to left Ellsworth?
4 A. To move back here to live with my
5 parents. It would be cheaper. And to just be
6 around my family and friends here.
7 Q. Did the accident or your injuries have
8 any -- did that contribute to the decision to
9 leave Ellsworth?
10 A What?
11 Q. Where you having any problems at
12 Ellsworth that you relate to your injuries arising
13 from the accident that led you to leave?
14 A. It was easier being here going to al of
15 my doctors. I was going to start at a therapist,
16 physical therapy, but my parents didn't want me to,
17 because that would mean I would have to drive back
18 here to go to it and then drive back. It was
19 easier -- like I had to go to so many doctors and
20 my parents gave me a lot of support.
21 Q. You mentioned driving. Do you have a
22 driver's license?
23 A. Yes.
24 Q. How long have you been driving or how
25 long have you had a license?

Page 19
1 A. Since I was 16. But when I was 14 I had
2 a moped permit to drive a moped.
3 Q. At any point were you restricted from
4 driving after you got out of the hospital?
5 A. Yes, 'cause after I got out of the
6 hospital my parent drove me to school.
7 Q. Was this the school in Hudson?
8 A. Yeah, Hudson.
9 Q. When did you start driving again after
10 the accident?
11 A. I do not remember. I'm sure it was a
12 long time, because my doctors and my parents didn't
13 want me to drive either.
14 Q. Did you drive from Hudson to
15 Iowa Falls? Did you have a car in Iowa Falls?
16 A. Yes.
17 Q. Can you describe for me your social life
18 since the accident? I'm thinking about after the
19 accident?
20 A. Well, pretty much don't have any friends
21 because I lost them all. I mean, I don't know
22 they just don't really want to talk to me or
23 associate with me any after the accident. I mean,
24 after the accident, yeah, they were there because I
25 was in school with them. But then once we

Page 20
1 graduated, it all stopped.
2 Q. Do you have -- do you have any friends
3 now?
4 A. Yeah, I have a couple.
5 Q. Do they go to school with you?
6 A. Yeah. One of the went to school in
7 Ellsworth with me. She was in the program with me.
8 Q. What was her name?
9 A. Jenny Stiffens. She left with me too
10 and went home.
11 Q. Where does she live now?
12 A. In Waterloo.
13 Q. Is she at Hawkeye not?
14 A. Yes.
15 Q. Did you know her before you went to
16 Ellsworth?
17 A. No.
18 Q. Do you have any friends that you go out
19 with not?
20 A. I have Jenny that I go out with
21 sometimes. I have a boyfriend named Jake, and I go
22 out with him.
23 Q. What is Jake's last name?
24 A. Cowell.
25 Q. Could you spell that for us?

Page 21
1 A. C-o-w-e-l-l.
2 Q. What does he do?
3 A. He works -- he's a student at UNI and
4 works at Happy Joe's.
5 Q. How long have you known Jake?
6 A. Since I started working at Happy Joe's
7 in 1995, I think.
8 Q. Which Happy Joe's do you work at?
9 A. I used to work at?
10 Q. Or did you used to work at?
11 A. In Waterloo.
12 Q. How long have you been dating Jake
13 again?
14 A. I was right before I left last year to
15 go to Ellsworth.
16 Q. Did you continue to see him while you
17 were in Ellsworth?
18 A. When I came home and saw my parents.
19 Q. Have you maintained that relationship?
20 Has that been continuous since it began or have you
21 had breakups?
22 A. Oh. No.
23 Q. Have you dated anyone other than Jake?
24 A. Yes.
25 Q. I mean since --

Page 22
1 A. Oh, since the accident?
2 Q. Yes.
3 A. No.
4 Q. I'll direct your attention to October
5 4th, 1996. Do you recall being in an accident on
6 that date?
7 A. Yeah.
8 Q. Okay. Can you tell me what you remember
9 about that day?
10 A. That day? I remember me and Wendy, she
11 was house-sitting for her boyfriend's parents to
12 feed the animals there. And we went out there
13 after school to feed the dog and ferret or
14 something. And the she talked about -- you know,
15 we talked about, you know, we could just come
16 over her that night and like watch a movie and
17 have pop and popcorn or something and have fun, you
18 know, and watch a movie.
19 And so she had to go to work and I went
20 home. I paged Kristin and I went to her house. I
21 asked them if they wanted to do that and they
22 sounded like they wanted to.
23 Q. You say Kristin. Are you talking about
24 Kristin Hill?
25 A. Yea.

Page 23
1 Q. Okay.
2 A. So we just -- we went to where Wendy was
3 working in Hudson at T. J.'s Pizza in Hudson. We
4 went there and we talked to her to find out what
5 time she got off. And so we just gave her
6 Kristina's paging number to page use when she got
7 off work. And we lift and went to University
8 and then we went to Maple, a bowling alley up
9 there. We usually go there just to see if we would
10 see anybody we know. And then Kristin got a
11 page and we called her and Wendy said she would
12 meet us there.
13 Q. Did she meet you there?
14 A. No, met us at Jeremy's house. So we
15 left and went there.
16 Q. So did you go to Jeremy's house?
17 A. Yes.
18 Q. Okay. What happened after you got to
19 Jeremy's house?
20 A. We watched a movie And when it was
21 done it was kind of early still, so we thought we
22 would go up to University one more time. And we
23 did. And then we started on our way home.
24 Q. Did anybody -- do you know, did you all
25 consume any alcoholic beverages that night?

Page 24
1 A. No.
2 Q. Okay. Did anyone use any kind of drugs?
3 A. No.
4 Q. Tell me what you recall about the trip
5 home.
6 A. Nothing. I don't remember it at all.
7 Q. Do you remember being on Highway 58?
8 A. I kind of do, yes.
9 Q. Okay. Tell me what you remember.
10 A. Just getting on it and seeing these
11 houses. But that could be any time that I've gone
12 on that at night and looking at these houses, so I
13 don't know if it's the right night or not. I just
14 don't remember nothing about it.
15 Q. D you recall the accident at all?
16 A. No.
17 Q. Do you recall approaching the
18 intersection of Highway 58 and Greenhill Road?
19 A. No.
20 Q. What's the first thing you remember
21 after the accident?
22 A. Waking up in the hospital.
23 Q. Which hospital were you at?
24 A. Iowa City.
25 Q. Have you been in any motor vehicle

Page 25
1 accidents after the accident of October 4th, 1996?
2 A. With a car?
3 Q. Or any accident involving a motor
4 vehicle.
5 A. I put my car in the ditch.
6 Q. When was this?
7 A. July of last year. Let's see. Yeah.
8 Q. Can you tell us about that accident?
9 .A. I was going to work at Happy Joe's and
10 I slid it into the ditch. Not slid it, but I went
11 over and and went in the ditch.
12 Q. Were the roads icy or wet?
13 A. No.
14 Q. What caused the accident?
15 A. I don't know. Maybe -- I don't know
16 It could be stress 'cause of all these accidents,
17 you know, I was in before. I don't know.
18 Q. Were you in an accident before the
19 accident of October 4, 1996?
20 A. No. I don't know why I threw my car in
21 the ditch. Everybody throws their car -- you know,
22 that happens.
23 Q. Were you in any accidents before the
24 accident of October 4, 1996?
25 A. Yeah, I was in another one with my --

Page 25
1 one of my friends.
2 Q. Can you tell me about that accident?
3 a. I was -- me and this other girl and
4 these two guys in a Blazer, her Blazer, and we
5 went down a gravel road and it just tailspinned.
6 Q. Did you have any injuries? Were yo
7 injured in that accident?
8 A. No. I just had some scars on my elbow
9 from some glass.
10 Q. Can you tell me what injuries you're
11 claming arose from you accident of October 4th,
12 1996?
13 A. There's so many of them I forget them
14 all.
15 Q. As bet you can.
16 A. Okay. Like right here is a scar.
17 Q. You're pointing to the right side of
18 your head?
19 A. My head, yeah. See where that's bald
20 right here? Because that's where they shaved my
21 head completely on top, and drilled a hole in my
22 head to measure brain pressure. I have a scar from
23 that. I have brain damage. I had brain injury. I
24 had a broken nose, scars on my face, a scar on my
25 chin right here. I broke my

Page 27
1 chin and it was separating, so they put a metal
2 plate in there. And since the jaw was broken they
3 tied my teeth shut to grow the bone back together.
4 And my jaw clicks now. I have a scar from that.
5 After I woke up, my wrist was broken. I had a
6 broken pelvis. Oh, I swallowed my front tooth. I
7 chipped my tooth, so I had to go two years without
8 a tooth.
9 Q. Which tooth did you have to go without?
10 A. the right front tooth.
11 Q. On the top?
12 A. Uh-huh, on the top. I just got an
13 implant on October 29th of this year. Broke my
14 pelvis. What was the question?
15 Q. What about your right ankle?
16 A. What?
17 Q. Did you injure your ankle?
18 A. Like break it?
19 Q. Or any injury, fracture or --
20 A. No, I didn't fracture or break my
21 ankle. I couldn't walk. I have pain now from my
22 back. I have severe pain. Even after I get off
23 work or something, I've gone to like chiropractors
24 and tons of physical therapists to find out what's
25 wrong with it, but nobody know. I get these

Page 28
1 feelings once in a while. I'll wake up --
2 Q. do you need to take a break?
3 A. Yes.
4 (Recess taken.)
5 ( The reporter read back as requested.)
6 A. This is another thing, I get so
7 frustrated because nobody will find out for me, but
8 Ill just get these feelings and sometimes before I
9 go to bed I'll know I'll get these feelings the
10 next day. I'll just keep swallowing when I wake
11 up. And throughout the day I get just a feeling
12 like somebody is behind me or I mean like and my
13 stomach gets all upset. And I'm just -- I don't
14 know, it's just weird. It's had to explain. And
15 I don't know what these are. Some doctors say that
16 could be a progression to a full seizure or panic
17 attacks or something like that.
18 Before the accident I had -- I just had
19 gotten my eyes checked, I got a prescription, had
20 new glasses, and after the accident my eyes changed
21 so much that I had to get a new prescription and
22 new glasses. I also had to -- at school we have a
23 blue-tinted clear paper that you can see through,
24 but it's tinted blue, and you put it over the books
25 so the letters would jump out at me, because I

Page 29
 1 couldn't really focus my yes on really reading
2 anything. Like I would think I would see people or
3 Juli or something like that.
4 I have a clicking in my jaw. Every time
5 I open it, it clicks. If I put my hand on it or
6 lay on it when I'm sleeping on a soft pillow, it
7 just gives me pain. My wrist is severely
8 paining, like it will just happen that I can't
9 hardly move it because it hurts too much.
10 I cannot remember things. I think I
11 have short-term memory loss and long-term memory
12 loss. I can't remember things like five minutes
13 ago, or if I'm thinking about something I won't
14 remember what I was just thinking about. And
15 that's why I'm afraid I will not say everything,
16 'cause I'll forget it.
17 I had chipped teeth. I had them
18 filled. I had a loose tooth. I'm in fear of --
19 I'm always scared that something will hit my
20 tooth, because it can break really easy. I have to
21 be really careful on like the foods I eat, because
22 I'm afraid I'll have to go through getting another
23 tooth again.
24 The pain that I have now waking up every
25 day, the pain in my back and my lower back and the

Page 30
1 numbness I feel 'cause I really can't -- sometimes
2 I can't sleep. I wake up in the middle of the
3 night numb, my whole lower half is numb, and just
4 severe pain. My nose hurts because everything
5 that's gotten broken will hurt after a while.
6 That I can't comprehend things very
7 good, I can't remember things, just catch onto
8 things, which is like saying that you comprehend.
9 There's another word, but I can't think of it, And
10 my mouth was wired shut when I was in the hospital
11 and a little bit after I got out of the hospital I
12 couldn't eat. I could only eat through a straw or
13 syringe and just liquid stuff. I have gained a
14 lot of weight since it. I don't know, I'm sure
15 there's more pain, but I can't think of it.
16 Q. Can you tell me well, let's start, you
17 had a fractured pelvis.
18 A. Uh-huh.
19 Q. does that give you any problem not?
20 A. Yes. I just told you that I get a
21 severe pain when I wake up -- in the middle of the
22 night or when I wake up. I wake up 'cause it hurts
23 so much. Ad my lower half will go numb. Or even
24 if I'm just sitting here and if I have my leg in a
25 certain position, or arm, it just numbs up faster

Page 31
1 than, you know, normally it would. And I notice
2 that mainly after work I get severe pain min my
3 butt, lower back and butt, and would always work
4 at Happy Joe's and work on my feet and never get
5 pain like that, where after the accident I get so
6 much pain.
7 Q. At the Target, that's where you're
8 working now, is that right?
9 A. Yes.
10 Q. How much are you on your feet?
11 A. All the time except for your break.
12 Q. Okay. And how long is your average
13 shift?
14 A. Like -- it depends if they send you home
15 early, but it would be like four or five hour.
16 Q. And how long are your breaks?
17 A. Fifteen, one. One fifteen-minute break.
18 Q. Have you improved any since the
19 accident? Has your condition improved any?
20 A. Well, I improved my walking, getting up
21 and walking. Some of my pain has gotten worse or
22 it stays the same. Or, actually, I notice more
23 pain.
24 Q. Are you taking any medication for pain?
25 A. Just Tylenol or Extra Strength. Just

Page 32
1 over-the-counter stuff.
2 Q. How long do you take medication for
3 pain?
4 A. Every night before I go to bed and
5 during the day.
6 Q. How many time during the day?
7 A. Like two or three some days. It depends
8 how severe it is and hurts.
9 Q. You mentioned seeing the chiropractors?
10 A. One.
11 Q. One. Who did you see?
12 A. Dr. Widen in Evansdale.
13 Q. Are you still seen Dr. Widen?
14 A. The last time I saw him was in the
15 summer. And I do want to get back to him. We've
16 had this money problem, this type problem here.
17 Q. And had you seen a chiropractor before
18 the accident?
19 A. No.
20 Q. And then you mentioned a physical
21 therapist. Who was the physical therapist?
22 A. I had one in Dr. Verduyn's office. For
23 my back or just regular physical therapy?
24 Q. Let's start with the back.
25 A. Then I had one in Dr. Verduyn's office.

Page 33
1 I had one in the hospital on Kimball. It's like a
2 physical therapist on Kimball.
3 Q. Okay. At Covenant?
4 A. It's through Covenant.
5 Q. Though Covenant. Any other physical
6 therapists that you've seen?
7 A. For my back I've told Dr. Verduyn. He's
8 looked at it. He's even had Dr. Manshadi look at
9 it for me, look at me. And he like suggested the
10 chiropractor in Evansdale. All the doctors I went
11 to I told them. And all Dr. Verduyn's reports,
12 every single one I read it would say that she
13 complained about--she talked about her back
14 problems.
15 Q. Do you know when you began seeing
16 Dr. Verduyn?
17 A. He was my doctor in Covenant Rehab.
18 Q. Do you know how he came to be your
19 doctor?
20 A. No, I don't.
21 Q. How often do you see Dr. Verduyn?
22 A. Like -- I see him a lot. But lately,
23 since school started, I haven't. I'm going to get
24 an appointment with him, 'cause I need to.
25 Q. Do you make appointments with him as you

Page 34
1 feel you need do?
2 A. No. When I go in there for an
3 appointment, he will tell me when he wants to see
4 me again.
5 Q. do you know the last time you saw him?
6 A. Yeah. It was in the summer. And I was
7 supposed to go to him, but I had to go somewhere
8 else and I rescheduled. I'm just so frustrated
9 with doctors because I'm been to so many. But I'm
10 going to talk to him. I need to see him.
11 Q. I believe there's a reference in the
12 medical records to someone reporting that you had a
13 4.0 grade point average prior to the accident. Do
14 you know anything about that?
15 A. No, I never did.
16 Q. There's also a reference in one of the
17 records to your parents having noticed problems
18 with social judgment. Do you know anything about
19 that?
20 A. Social judgment like now?
21 Q. I don't know. That's why I'm asking.
22 A. No.
23 Q. You don't know what that's talking about
24 there?
25 A. No.

Page 35
1 Q. Has you license ever been revoked, your
2 driver's license?
3 A. No.
4 Q. Do you have any doctor's appointments
5 scheduled at this time?
6 A. Of course, I do. I have a reschedule
7 appointment, a recheck for my tooth, my implant.
8 Q. Who is that with?
9 A. Dr. Harmon.
10 Q. Do you know when that is?
11 A. No. They're going to sent it to me.
12 because they don't have the books ready.
13 Q. Hat other doctors are you scheduled to
14 see?
15 A. I'm going to schedule to see
16 Dr. Verduyn, because I need to reschedule my
17 appointment, because they called. I'm going to see
18 Dr. Widen. And any time I want to I can always
19 call Dr. Habitan to talk t him about my problems and
20 help with counseling me.
21 Q. How often do you call Dr. Habitan?
22 A. I see him on my appointments, but he's
23 told me that I could do that if I want to.
24 Q. Do you have any appointments scheduled
25 with him at this time?

Page 36
1 A. No.
2 Q. When was the last time you called him?
3 A. Was in his office for an appointment?
4 Q. Yes.
5 A. I can't remember when it was.
6 MR. BEVEL: I don't have any other
7 questions right now.
10 Q. Ms. Kleinheksel, my name is Jim Helena
11 and I'm representing the Farrell estate, Juli
12 Farrell estate in this case.
13 Is it okay if I call you Tammy?
14 A. Uh-huh. Yes.
15 Q. If you can't hear me at sometime, just
16 let me know and I'll try to speak up. Okay?
17 Can you tell me at the time that this
18 auto accident occurred in October of 1996, were you
19 a friend of Juli Farrell's?
20 A. Yes.
21 Q. Can you tell me a little bit about your
22 background with her? How far back did it go?
23 A. We were cheerleaders together in junior
24 high. We were always school friends. We were
35 friends.

Page 37
1 Q. Had you gone through elementary school
2 together?
3 A. I was a grade ahead of her.
4 Q. But were you friends as you went through
5 elementary school?
6 A. I don't remember.
7 Q. When do you first remember developing a
8 friendship with Juli Farrell?
9 A. Junior high and high school.
10 A. And would you go out and socialize
11 together?
12 A. Yes.
13 Q. How close of a friend were you to Juli?
14 A. Good. I loved her. I helped her get a
15 job at Happy Joe's. We did a lot of things
16 together and with other friends too.
17 Q. And were you also a friends with Kristina
18 Hill?
19 A. Yes. She's the one that we would go out
20 with. All us would go out.
21 Q. When you said you would go out and do
22 things together with Juli Farrell, what kind of
23 thing did you do together before the accident?
24 A. There was always teen night at Shag's
25 Shagnasty's in Cedar Falls. On teen night there's

Page 38
1 no alcohol, it's just underaged kids going there to
2 dance. And we'd always go there an dance. We
3 worked together. We would go to football games.
4 Just go out and hang out.
5 Q. And I know you said you were a year
6 apart in school. I think you were a head of
7 Juli?
8 A. Yes.
9 Q. Were you on the same cheerleading team?
10 A. We were just on one in junior high.
11 Q. Okay. That was for what sport?
12 A. Football and basketball.
13 Q. Now prior to the accident in this case,
14 had you been in a car which Juli was driving
15 before?
16 A. Yes.
17 Q. And can you give us an idea about how
18 often you had been in a vehicle which Juli Farrell
19 was driving?
20 A. Every time we'd do something we'd decide
21 who was going to drive and we'd take turns. So
22 you know, quite a few times I was in the car with
23 her. A lot of times.
24 Q. Did you have pretty good knowledge of
25 her driving habits?

Page 39
1 A. Yes.
2 Q. Can you tell me, did Juli have a habit
3 or custom of driving at the speed limit, below the
4 speed limit or above the speed limit?
5 A. She would be at the speed limit.
6 Q. In the times that you had traveled with
7 Juli before this accident, do you remember any time
8 she would be traveling above the speed limit?
9 A. No.
10 Q. Was it Juli's habit to normally be
11 attentive to her driving?
12 A. Which means concentrate on her driving?
13 Q. Yes, you could say concentrate.
14 A. Yes.
15 Q. Is that something you observed through
16 all the times that you were with her?
17 A. Yes, I had. 'Cause I always thought she
18 was a good driver, because me I mean being in the
19 other accident that I talked about, I, you know,
20 wouldn't put myself in that again. And I thought
21 she was a good driver.
22 Q. Now do you think that Juli did anything
23 in this case or failed to do anything in this case
24 to cause the accident?
25 MR. GALLAGHER: I object to that. First

Page 40
1 of all, it calls for an opinion and conclusions from
2 a witness who has no memory except turning on
3 Highway 58 until waking up in Iowa City. She
4 couldn't possibly answer the question.
5. MR. HELLMAN: I'll start over and
6 rephrase that.
7 Q. You're suing the estate of Juli Farrell
8 in this case. Do you understand that?
9 A. Uh-huh.
10 Q. Is that a "yes"?
11 A. Yes, 'cause my attorney, my lawyer,
12 thought it was best in case a jury decided it was
13 somewhat her fault.
14 Q. Okay. And since you're suing Juli, what
15 I want to know is do you have any knowledge that
16 Juli did anything or failed to do anything that
17 caused this accident?
18 A. I don't remember the accident, so I
19 wouldn't know.
20 Q. Okay. Well, do you have any knowledge
21 that Juli was speeding at the time of the accident?
22 A. I don't know.
23 Q. And according to what you said, it would
24 be her habit to be driving at the speed limit,
25 correct?

Page 41
1 A. Yes.
2 Q. Do you have any knowledge that Juli was
3 inattentive or failing to pay attention at the time
4 of the accident?
5 A. I don't know. I don't think she would.
6 Q. Because you know it was her habit she
7 usually paid attention?
8 A. Yes.
9 Q. Do you have any knowledge yourself as to
10 any negligence by Juli Farrell in the cause of this
11 accident?
12 A. What was the question?
13 Q. Do you have any knowledge yourself as to
14 any negligence of Juli Farrell in causing this
15 accident?
16 MR. GALLAGHER: You're excluding
17 conversations with her attorney, I assume?
18 MR. HELLMAN: I'm asking for her
19 personal knowledge.
20 MR. GALLAGHER: Don't say anything about
21 my conversation with you. If you have any personal
22 knowledge without my talking to you, you can tell
23 Mr. Hellman.
24 A. Personal knowledge of what?
25 Q. Do you have any personal knowledge of

Page 42
1 anything that Juli Farrell did that was negligent
2 that caused this accident?
3 A. I don't know. I don't remember the
4 accident, so --
5 Q. So it's fair to say you don't have any
6 personal knowledge?
7 A. No.
8 Q. Now I want to talk to you a little bit
9 more about the injuries that you listed off. I
10 have 19 items that you listed, so I'll try to go
11 through them one at a time if I need more detail.
12 First of all, you referred to having a
13 scar on the right side of your head where they did
14 the surgery.
15 A. Uh-huh.
16 Q. Is that located in your hairline?
17 A. Yes.
18 Q. And if you comb your hair appropriately,
19 does that scar show?
20 A. It show when -- when I toss it and how
21 it lays it will show, because it lays like that.
22 My hair grew out like that because it was shaved,
23 so it grew out a certain way.
24 Q. Can you shoe me by putting your finger
25 on where the scar is?

Page 43
1 A. Right there.
2 Q. Okay.
3 A. Here
4 Q. So that would be approximately three
5 inches up from the hairline on your forehead into
6 your hair on top of your head?
7 A. Yes. There's a bump in there. There'
8 also some bumps in my head from glass or something.
9 A. Can you cover up that scar area by
10 combing you hair over?
11 A. Yeah. but then if my hair falls the
12 other way it will still show, because it parts that
13 way.
14 Q. When you go on a date or something like
15 that, do you comb your hair so it doesn't show?
16 A. Yeah, but it will still show later on at
17 night.
18 Q. are you wearing your hair today the way
19 you typically wear it?
20 A. Yes. I wear it down.
21 Q. You indicated that you had a broken nose
22 in the accident. Can you tell us, how was that
23 repaired?
24 A. Well, I guess I didn't mention this, but
25 I was in a coma too, and I don't really remember

Page 44
1 what they did, but I head, you know, they had to
2 put a cast on it.
3 Q. Have you had any trouble breathing
4 through your nose?
5 A. Yes. Sometimes it hurts to breathe or I
6 get pain up there.
7 Q. And how often do you get pain in your
8 nose?
9 A. Like every two week.
10 Q. How often do you have trouble breathing
11 through your nose?
12 A . A couple times a month.
13 Q. When is the last time you had treatment
14 for your nose?
15 A. I'm not really sure, but this year.
16 Q. Sometime in 1998?
17 A. Yeah. I can't remember. I can't keep
18 them all straight?
19 Q. Have you been advised by your doctors
20 that the fracture in you nose has healed?
21 A. I'm not sure what they said.
22 Q. Well, has any doctor indicated to you,
23 Tammy, that the fracture has not healed?
24 A. No.
25 Q. You mentioned having scars on your

Page 45
1 face. Can you tell me where the scars are located?
2 A. I have a scar here by my nose.
3 Q. You're referring to the left side of
4 your face just below your nose?
5 A. Yeah.
6 Q. And above your lip?
7 A. Beside my nose there's a little indent.
8 I also forgot to mention this, that I have a scar
9 on my lower lib here. It's a bump, a big bump.
10 And that's because I had stitches. You can see the
11 stitches. Because I must have bit down into it or
12 something. I also have like a speech problem.
13 Q. Let's just take them from the start.
14 A. Okay. I'm sorry.
15. Q. Do you mind if I come over and look?
16 A. That's ll right. Sure.
17 Q. I probably don't have to get closer than
18 this. Now the scar below your nose on the left
19 side, is that down there by your lip?
20 A. Yeah.
21 Q. Okay.
22. A. This is not from the accident
23 Q. Okay.
24 A. This was from my other one.
25 Q. What was that from?

Page 46
1 A. A dog bite.
2 Q. Okay. When you're referring to "this"
3 you're talking about between --
4 A. No, I'm talking about the scar. This up
5 here if from the accident. This here is from the
6 dog bite and this down here is from the accident.
7 Q. Okay. So from the accident it's
8 actually on the left side above the lowest part of
9 your nose more towards your left eye?
10 A. Yeah.
11 Q. Okay.
12 A. And then I have one below my chin.
13 Q. How long is the one below your chin?
14 A. I don't know. I couldn't see it.
15 Q. And then you had a dog bit incident
16 where you had another scar then around your lip?
17 A. Yeah.
18 Q. Okay. Are you able to put on some
19 cosmetics so that these scars from the accident
20 are less visible?
21 A. I do, but you still see through it.
22 Q Q. Are you wearing any cosmetics to cover
23 them up today?
24 A. Yeah, but you still can see it. I just
25 have foundation on.

Page 47
1 Q. Have any doctors indicated to you that
2 you need any further treatment for those scars?
3 A. For my bottom lip.
4 Q. Okay. That's from the dog bite?
5 A. No this is the dog bite, the upper
6 lip. But the bottom lip is from the accident.
7 Q. Okay.
8 A. And one of the doctors said that if I
9 did any surgery on it, it could be worse.
10 Q. So the doctors have not recommended
11 surgery for any of those scars on your face?
12 A. No. 'Cause otherwise it would turn out
13 worse.
14 Q. All right. And the same is true for the
15 scar on your chin, the doctors have not recommended
16 surgery?
17 A. No.
18 Q. Now, you broke your jaw in this accident;
19 right?
20 A. Yes.
21 Q. And I think you said that you have some
22 problems with your jaw clicking occasionally?
23 A. Yes.
24 Q. Other than the clicking, do you have any
25 other problems with your jaw?

Page 48
1 A. When I lean on it, or lean on it when
2 I'm sleeping, I will get pain here.
3 Q. Where do you get the pain?
4 A. Just throughout my jaw here.
5 Q. On both sides of your face?
6 A. Yeah.
7 Q. And how often does that happen?
8 A. Whenever I try and do it, because if
9 hurts too much.
10 Q. How often do you have pain in those
11 areas of your jaw?
12 A. If I like turn over sleeping, I can wake
13 up in pain because I was sleeping on it.
14 Q. How often does that happen?
15 A. At least once a week.
16 Q. When is the last time you saw a doctor
17 for treatment for this injury to your jaw?
18 A. Well, Dr. Harmon, when he implanted my
19 tooth, I asked him about the clicking. And he said
20 that it might get worse, just to call, and if I
21 can't open my mouth at all, then they will have to
22 go in and do surgery.
23 Q. This is the dentist that you saw?
24 A. Yes.
25 Q. Have you seen any other doctor that's

Page 49
1 specifically treated your jaw fracture?
2 A. They put the wires on.
3 Q. Sure.
4 A. Dr. Lew.
5 Q. When is the last time you saw Dr. Lew
6 for treatment of your jaw?
7 A. I had other doctors for my jaw. I just
8 can't remember a name. But I remember Dr. Lew,
9 because he's in the same office as them.
10 Q. Do you remember when the last time you
11 saw one of the doctors for treatment of your
12 jaw?
13 A. They all just looked at it when I went
14 for my too, for my teeth.
15 Q. Okay.
16 A. They all look at it.
17 Q. Do you remember when the last time you
18 went back to a doctor with complaints about your
19 jaw?
20 A. I'm sure I had mentioned it to
21 Dr. Verduyn. I don't remember what day now.
22 Q. Dr. Verduyn hasn't treated your jaw,
23 though, has he?
24 A. No.
25 Q. Has any doctor indicated that you need

Page 50
1 any further treatment for your jaw?
2 A. Yes. Dr. Harmon just did. He just said
3 that it might get worse and I'll have to have
4 surgery on it.
5 Q. Has Dr. Harmon or any other doctor
6 recommended that you have surgery for your jaw?
7 A. The recommend it when it gets worse.
8 If they see that it needs to be.
9 Q. Are they telling you that if it gets
10 worse, that's a possibility?
11 A. Yes.
12 Q. Have they indicated to you that they
13 think that there's a possibility that you will
14 actually have to have further surgery with your
15 jaw?
16 A. They've never told me if I had. They
17 wouldn't know if I will or not.
18 Q. Now you also had a broken wrist, is that
19 correct?
20 A. Yes.
21 Q. Is that on the left hand or right hand?
22 A. The left.
23. Q. And is that fracture healed?
24 A. Yes.
25 Q. Where was the fracture located?

Page 51
1 A. I got the cast in Iowa City, but I took
2 it off here.
3 Q. It was in a cast?
4 A. Yes.
5 Q. Do you remember when it was first put in
6 in a cast?
7 A. It was after I woke up, and I realized
8 my wrist hurt, and then they got x-rays and they
9 saw it was fractured.
10 q. How long was your wrist in a cast?
11 A. I got it before -- I got it cut off
12 before I came home from Covenant.
13 Q. Okay. So that was taken off while you
14 were still --
15 A. In rehab.
16 Q. --being admitted or you were still in
17 Covenant Hospital?
18 A. Yeah. I was still in rehab when they
19 cut it off.
20 Q. Okay. Now have you had any problems,
21 ongoing problems with your wrist?
22 A. Yes. Just certain days it will just
23 really hurt, where it hurts to worn it or do dings
24 with it.
25 A. And how often does that happen?

Page 52
1 A. Like every two weeks or once a week.
2 Q. When is the last time you saw a doctor
3 for treatment for the wrist?
4 A. I don't know my doctor's name that did
5 my wrist.
6 Q. Okay. Did you see anyone for treatment
7 for your wrist in 1998?
8 A. No. I just tell Dr. Verduyn. He
9 recommends the doctors for me.
10 Q. All right. But you haven't seen anybody
11 specifically for treatment of your wrist in 1998,
12 have you?
13 A. No. That's why I'm going to go to
14 Dr. Verduyn now and tell him.
15 Q. And has any doctor indicated that you
16 need surgery or any further medical treatment for
17 your wrist?
18 A. No. I haven't talked to nobody.
19 Q. And you broke your pelvis, and I think
20 you already talked about you're having some pain in
21 your back and buttocks?
22 A. Uh-huh,
23 Q. Can you tell us, has any doctor
24 indicated that you need any further treatment form
25 your fracture to your pelvis?

Page 53
1 A. No Dr. Widen wanted me to go for further
2 treatment, yes.
3 Q. The chiropractor?
4 A. Yes. "Cause he's like the only one.
5 The other physical therapists, they couldn't figure
6 out what was wrong with it.
7 Q. Okay. Now you mentioned a broken tooth
8 and I'm a little confused here. You also said
9 you had some chipped teeth.
10 A. Yes.
11 Q. I wasn't clear from looking at the
12 medical records either. Which tooth was actually
13 broken?
14 A. My right front tooth.
15 Q. That's the one you have an implant for;
16 right?
17 A. Yeah. And I lost my bone and my tooth
18 and I had so many surgeries to get to the implant
19 that I have like gaps up here on top, because the
20 gum tissue is gone, 'cause there's scar tissue
21 there now.
22 Q. Are you talking about an upper tooth
23 that's right in front?
24 A. Yeah, the front big one.
25 Q. All right. Cosmetically, does the

Page 54
1 implant look good to you?
2 A. I just said I have gaps up here. Food
3 can get stuck into them. I think I talk with a
4 lisp now.
5. Q. Do you think that's because of the
6 tooth?
7 A. Yeah, it is.
8 Q. How big is the gap that you're talking
9 about?
10 A. You can see them.
11 Q. Can you show me, please?
12 A. (Witness complies.)
13 Q. Which tooth are you talking about?
14 A. This one.
15 Q. Okay. You're talking about the gaps
16 toward the top of the teeth?
17 A. Yeah.
18 Q. All right. Those don't show, though,
19 unless you lift your lip up; right?
20 A. They show if I smile a little bit, yeah.
21 Q. And you said chipped teeth. What other
22 chipped teeth did you have? How many?
23 A. The front tooth, it's pushed out a
24 little bit, because the doctor did it that way so I
25 wouldn't' hit -- it wouldn't be in the way of my

Page 55
1 bite so it would break off easier. On the other
2 side of the missing tooth it was chipped of at an
3 angle and they filled it up.
4 Q. So there was one chipped tooth three.
5 Any others?
6 A. There's a couple of them.
7 Q. Any others?
8 A. On the same side and then one over here.
9 Q. How many chipped teeth did you have
10 total?
11 A. I don't know total. 'Cause they would
12 fill it up and they would -- they'd sand my teeth
13 down.
14 Q. Have those all been filled now?
15 A. Yes.
16 Q. They're not visible, are they?
17 A. No, you can't see the chips anymore.
18 Q. And can you tell me, when was the last
19 time you went back to see a doctor for treatment of
20 your teeth?
21 A. That was October 29th when I got my
22 implant it.
23 Q. Of 1998.
24 A. '98.
25 Q. Has any doctor told you that you will

Page 56
1 need further treatment for your teeth?
2 A. Yes. I'm going to get further
3 treatment, checking my implant to make sure it's
4 not infected and to make sure everything is okay
5 with it and make sure it's not loose.
6 Q. Do you have another visit with the
7 doctor scheduled?
8 A. They're going to send me one, because
9 their books -- they don't have the books for their
10 months.
11 Q. Now you said you have these feelings and
12 as part of that you said you wake up swallowing.
13 How often does that happen?
14 A. That happens a lot.
15 Q. Can you give me an idea of what a lot
16 means?
17 A. A couple times a month. It just
18 varies. It will just come whenever. Sometimes I
19 think that if I think about the accident, because I
20 get reminded about the accident every day, or if
21 I'm just -- if I like of doing anything, the
22 next day it happens. I'll like wake up swallowing
23 and I can't stop.
24 Q. Is this part of the time when you think
25 you see Juli?

Page 57
1 A. That was in the hospital.
2 Q. Was that in Covenant Hospital --
3 A. Yes, in Rehab. Covenant Rehab.
4 Q. I'm sorry, don't cut me off. I wanted
5 to know if where you thought you saw Juli, was that
6 when you were in the hospital in Iowa City or when
7 you returned to Covenant in Waterloo?
8 A. In Covenant.
9 Q. After being discharged from Iowa City?
10 A. Yes.
11 Q. How often did you have these feelings
12 that you thought you saw Juli?
13 A. These feelings I have now I didn't have
14 in the hospital. The things I saw in the hospital,
15 I would just think that somebody was in my room
16 just off to the side, or I saw something moving or
17 I saw her. It could have been I was drugged up. I
18 don't know. I was very, you know, unstable then.
19 Q. Are you seen any doctor for your
20 feelings?
21 A. They're trying to figure out what they
22 are.
23 Q. Who is the doctor that you're seeing for
24 that?
25 A. Dr. Verduyn.

Page 58
1 Q. Anyone else?
2 A. Dr. Haban.
3 Q. Anyone else?
4 A. He's referred me to Dr. Manshadi.
5 Q. According to Dr. Verduyn's records that
6 I've seen, and I'll let you correct me if I'm
7 wrong, you're not taking any medications currently?
8 A. No.
9 Q. When is the last time you took
10 prescription medications as a result of this
11 accident?
12 A. My last surgery for my tooth.
13 Q. Before the tooth surgery, and I think
14 that was here in 1998, were you off prescription
15 medications before then?
16 A. Yeah, I'll be off and then after each
17 surgery I get put on medicine.
18 Q. You're not taking any antiseizure
19 medications of any types, are you?
20 A. No, but Dr. Verduyn, they want me like
21 to try some for my feelings. I've heard that.
22 Q. Up 'til now, though, you're not
23 taking -- at this time you're not taking
24 antiseizure medications?
25 A. No.

Page 59
1 Q. And you're not taking any medications
2 for depression, are you?
3 A. No.
4 Q. So other than when you have some sort of
5 a surgical problem, you haven't been taking
6 prescription medications, if I understand you
7 correctly, it that right?
8 A. Yes.
9 Q. Now with respect to your eyes, your said
10 your eyes changed, you needed a new prescription
11 and new glasses. When did occur?
12 A. I couldn't see very well in Iowa City
13 because I had to wear my old glasses, or the ones I
14 had just gotten. And when I came here to Covenant
15 All the time my eyes were blurry and I just
16 couldn't really see very well. And we went to
17 Dr. Phelps in Covenant Hospital, 'cause I was still
18 in Covenant Rehab, so I just walked up there and
19 that's when he told me they changed, when I got an
20 eye exam.
21 Q. Was it still while you were at Covenant
22 Hospital then you got the new glasses?
23 A. Yes.
24 Q. Have you had any new prescription or new
25 glasses since then?

Page 60
1 A. I had, yeah, a new prescription for
2 contact changed too, because they changed.
3 Q. Well, sure. That would have been part
4 of when it was changed in the hospital.
5 A. Yeah, but they changed more. Because I
6 got new contacts too with new glasses, but --
7 Q. When did you get the new contacts?
8 A. It was this year. And I got new lenses
9 for my glasses because my prescription changed
10 again.
11 Q. And when was it this year? When?
12 A. It was in the summer.
13 Q. All right. And who did you see?
14 A. Dr. Mauer.
15 Q. So you've had two prescription changes
16 since the accident?
17 A. Yes.
18 Q. Had either Dr. Phelps or Dr. Mauer
19 indicated that you're going to have any permanent
20 problem with a continuing decrease in your vision?
21 A. I've never asked him that. I should ask
22 him that.
23 Q. Have they ever told you that?
24 A. No.
25 Q. And are you scheduled to go back to an

Page 61
1 eye doctor, either Phelps or Mauer or anyone else,
2 on a regular basis?
3 A. I usually wait until my dad's insurance
4 let me go further.
5 Q. Can you answer my question?
6 A. I'm sorry.
7 Q. My question is: Are you scheduled to go
8 back to see an eye doctor?
9 A. I'm not sure if I made an advanced
10 appointment with them or not. I think I did with
11 Mauer.
12 Q. Is that just a checkup?
13 A. Yes.
14 Q. Now you mentioned your memory. Has your
15 memory improved over time since the accident?
16 A. No.
17 Q. Has your ability to comprehend things
18 improved since the accident?
19 A. No.
20 Q. And I'm talking about, you know, over
21 time, as time has gone by since the accident.
22 A. No.
23 Q. When you say that you had a problem with
24 your short-term memory, can you tell me what
25 problems you're talking about?

Page 62
1 A. I just can't remember things.
2 Q. What kinds of things can't you remember?
3 A. Like the days before what I did. Or
4 like if somebody mentions the title of a movie, I
5 have to ask them what was it about, even though I
6 saw it.
7 Q. Any other types of things you have
8 trouble remembering?
9 A. Last night we were singing this song, I
10 knew the song, and then five minutes later,
11 practically, I asked, "What was that sort?" I
12 couldn't remember what it was.
13 Q. Anything else?
14 A. That I can't remember?
15 Q. Yeah, types of problems you're having.
16 MR. GALLAGHER: Like examples?
17 MR. HELLMAN: Yeah.
18 MR. GALLAGHER: Give him as many
19 examples as you can, as you can remember.
20 A. I just gave you some.
21 Q. I'm trying to find out for trial.
22 That's part of the purpose is to find out what
23 you're going to say at trial, and I'm trying to
24 find out what other types of problems you have with
25 your memory. You mentioned sons and things of

Page 63
1 that nature. Anything else?
2 A. I don't remember anything in a couple
3 days what I did. School work sometimes. I just
4 can't remember things.
5 Q. What things?
6 A. Any things.
7 Q. You can remember anything?
8 A. Just things that are going on with my
9 life or that kind of stuff.
10 Q. Has Dr. Haban at any time told you that
11 since the car accident you have had remarkable
12 improvement?
13 A. He said that, you know, I've improved
14 you know, a slight improvement.
15 Q. That's what he told you, a slight
16 improvement?
17 A. I think so. That's what I don't
18 remember.
19 (Off-the-record discussion.)
20 Q. You mentioned you had a weight gain
21 since the accident?
22 A. Yes.
23 Q. Can you tell me, how much did you weigh
24 at the time of the accident?
25 A. Like 120, 130, between there.

Page 64
1 Q. And how much do you weigh at the present
2 time?
3 A. Like almost 190.
4 Q. And have you talked to your doctors
5 about your weight gain?
6 A. Yes, Dr. Verduyn.
7 Q. Okay. Have any of them suggested
8 anything that you should do to maybe try to lose
9 weight or deal with your weight gain?
10 A. No. I know how to diet and exercise.
11 Yeah, I know how to do that.
12 Q. Have you talked to your doctors about
13 that?
14 A. Yes. I told them that I used to run a
15 lot before the accident. And I try to do it now,
16 because we have a treadmill, and I just can't run
17 that long and I get pain and tiredness.
18 Q. I saw Dr. Verduyn I think suggested
19 swimming for you. Did you try swimming?
20 A. Yes, I swam over on Kimball at that
21 hospital thing. I've also swam in lakes.
22 Q. All right. How often have you been
23 swimming? Do you do it on a regular basis?
24 A. Now I haven't since it's gotten cold.
25 But in the summer I swam a lot.

Page 65
1 Q. How often did you swim this last summer,
2 1998?
3 A. Every chance I got, that I could.
4 Q. Were did you swim at then in the
5 summertime?
6 A. In a lake, in Coralville lake, and
7 swimming pools.
8 Q. You mentioned Coralville lake. Were you
9 living in Coralville this summer?
10 A. No this is a like that we go boating
11 on.
12 Q. Do you go with your parents?
13 A. Yes.
14 Q. Do you ski?
15 A. No.
16 Q. When you're at Coralville lake with your
17 parents, I assume you did it this summer?
18 A. A couple of times. Not very many.
19 Q. I thought you just told me you were
20 swimming regularly?
21 A. Yeah, I swam a couple times in
22 Coralville and then swimming pools around here
23 or --
24 Q. So your regular swimming wasn't at
25 Coralville lake, obviously.

Page 66
1 A. No.
2 Q. Where have you done your regular
3 swimming?
4 A. At swimming pools or at the Kimabll
5 physical therapy place.
6 Q. How often in the summer did you go
7 swimming, how often a week?
8 A. Not that much.
9 Q. Can you tell me how often a week you
10 would have gone swimming this summer, 1998?
11 A. I would just go swimming when I would
12 have a chance.
13 Q. And sometimes that might be once a week,
14 sometimes might not at al, is that correct?
15 A. Yes.
16 Q. Now I know you were in a coma for
17 sometime, but you've learned since that you were
18 first seen in the hospital here and then
19 transferred to the University of Iowa Hospitals and
20 Clinics, is that correct?
21 A. I was at Sartori, then Covenant and then
22 Iowa City.
23 Q. Right. Can you tell me, while you were
24 at the University of Iowa, when you first got there
25 were you still in a coma?

Page 67
1 A. Yes.
2 Q. When did you wake up?
3 A. I was in a coma for eight days.
4 Q. And I think the records show that you
5 were transferred to the University of Iowa I think
6 it was the next day after the accident. I'm not
7 certain of my days here. Do you remember after
8 waking up, did you slowly begin to improve in your
9 alertness and things of that nature?
10 A. I didn't know what happened. Nobody
11 would tell me. The doctors told my parent to tell
12 everybody not to tell me what happened in fear that
13 I would go into a seizure or something.
14 Q. The records show that neurological
15 while you were in the University of Iowa Hospitals
16 and Clinics you slowly improved, you began
17 speaking, began sitting up in a chair and things of
18 that nature. Do you have memory of those things?
19 A. I couldn't speak because I had my -- my
20 jaw was broken and they wired it.
21 Q. Okay. There's a reference to you opening
22 your eyes to command and eventually were even
23 getting up and walking. Do you have any
24 recollection of those things?
25 A. Not walking by myself. I really didn't

Page 68
1 want to, but they would drag me out of bed and I
2 would walk around with two nurse on my side around
3 the hospital, and then they would make me sit up in
4 a chair.
5 Q. Were you able to speak simple words
6 while you were in the hospital at the University of
7 Iowa?
8 A. I had my mouth wired shut, so I could
9 kind of talk, but they really couldn't understand
10 me, so I would write stuff down on paper.
11 Q. Apparently you say you were only able to
12 get up and walk with assistance?
13 A. Yes.
14 Q. Did you improve to the point where
15 mentally you were alert while you were at the
16 University of Iowa?
17 A. No, not there. Too tired.
18 Q. Did you improve to the point where you
19 were able to speak in sentences at the University
20 of Iowa?
21 A. Speak in sentences like how?
22 Q. Like we're talking today, speak in
23 sentences.
24 A. A. I had my mouth wired shut. Yeah, I
25 would talk in sentences to people, but you couldn't

Page 69
1 hardly hear me or understand me.
2 Q. Were you able to talk with your parents?
3 A. Kind of. As much as I could.
4 Q. Were you able to talk with nurses or
5 doctors?
6 A. As much as I could.
7 Q. Do you remember at one point that you
8 were taken out of the -- I don't know if it was
9 Intensive Care you were in, but transferred to a
10 ward? Do you remember that occurring
11 A. No. I was probably in the coma when I
12 got out of Intensive Care.
13 Q. What was your condition when you were
14 discharged from University Iowa to return to
15 Covenant Medical Center?
16 A. I still needed assistance walking,
17 because I -- every time I would come to Covenant
18 Rehab I had a wheelchair and I would walk around.
19 I had a bed alarm on my bed so I couldn't get out
20 of my bed, so I couldn't walk and I wouldn't fall.
21 Q. Was your overall condition improved when
22 you were discharged from the University of Iowa
23 Hospital and returned to Covenant?
24 MR. GALLAGHER: From what time? From
25 the time she went in?

Page 70
1 MR. HELLMAN: From the time of the
2 discharge.
3 A. From the time of the discharge to when?
4 MR. GALLAGHER: I'm going to object as
5 vague.
6 Q. What I'm asking you is at the time that
7 you were discharged from the University of Iowa
8 Hospitals and sent back to Covenant Medical Center
9 in Waterloo, at that time was your condition
10 improved?
11 A. Improved from when? From the
12 discharge?
13 Q. From the time that you first entered the
14 hospital.
15 A. Yeah. I was in a coma.
16 Q. Had your mental condition improved since
17 you woke up?
18 A. No, because I found out what actually
19 happened in Iowa City.
20 Q. Had you improved in any way while you
21 were in the University of Iowa Hospitals?
22 A. I improved by waking up.
23 Q. Can you tell me, do you think you
24 improved in any way at the time you were discharged
25 from the University of Iowa Hospitals, from the

Page 71
1 date you got in until the date of discharge?
2 A. Yes, I improved slight from when I
3 went into Iowa City to when I came out of it, was
4 discharged from Iowa City. I was awake.
5 Q. What other improvements other than being
6 awake?
7 A. Well, when I got there I wasn't walking,
8 I was laying in bed, so I was walking around with
9 people helping me.
10 Q. Anything else? Any other improvements
11 that you can tell me about?
12 A. No.
13 Q. The records show that you returned to
14 Covenant Medical Center when you were discharged
15 10-24 from University of Iowa, and I think you went
16 right to Covenant Medical Center, didn't you?
17 A. Yes.
18 Q. Now on 10-26-96 there's a record at
19 Covenant Medical Center that you were anxious to go
20 out on a pass. Can you tell me what that was
21 about?
22 A. On what date?
23 Q. 10-26-96.
24 A. That would have been my first probably
25 pass to go home. I don't know what you really are

Page 72
1 saying about a pass.
2 Q. Okay. Well, I'm just asking you, if
3 there's references to you being anxious to go out
4 and ultimately going out on a weekend pass, do you
5 recall doing that?
6 A. Yeah, I was happy to go home and see my
7 parents and my own stuff at home, since I was in
8 Iowa City.
9 Q. Okay. I'm talking about from Covenant
10 Medical Center now, a weekend pass that you got to
11 go home.
12 A. Yeah.
13 Q. There's a note dated 11-4-96 that says
14 out on a weekend pass. Do you recall being out on
15 a weekend pass that weekend?
16 A. Not that specific date, but I remember
17 being home. I remember I got to go some sometimes.
18 Q. Do you remember what you did?
19 A. I remember going home. When I did, I
20 would lay on the couch and they would make me
21 liquid stuff to eat. Watch TV.
22 Q. Did you go outside and walk around or
23 anything of that nature?
24 A. No.
25 Q. Did you go to any stores?

Page 73
1 A. Yeah, I went to Randall's which is a
2 local grocery store, with my mom helping me. They
3 were all paranoid if I would fall or something. My
4 brother too would hang onto me.
5 Q. Anything else?
6 A. No I didn't go nowhere. No, I just
7 stayed home.
8 Q. The records indicate then that you were
9 discharged from Covenant Medical Center on November
10 15th of 1996. Can you tell me from a mental status
11 standpoint, had you improved from the time that the
12 accident happened up until that discharge date on
13 the 15th of November?
14 A. Yeah. I was walking on my own. I was
15 awake. I was alert since I was in the hospital.
16 Q. Were you oriented as to where you were
17 at and who you were with and those kinds of things?
18 A. I knew I was in Waterloo, yes.
19 Q. Any other improvements that you had at
20 that point?
21 A. Yeah, but I also remember when I was
22 discharged that I didn't want to leave the
23 hospital. I was scared that I wasn't ready to
24 leave.
25 Q. Now at the time that you were discharged

Page 74
1 from Covenant in November of '96, with respect to
2 the memory problem that you mentioned, were you
3 able to complete tasks that would require you to
4 remember thing?
5 A. After I was released?
6 Q. At the time of your discharge.
7 A. Memory to do what?
8 Q. Memory to do different things that would
9 require you to remember several things.
10 A. I really had nothing to remember. I
11 didn't do nothing, didn't go to school or nothing.
12 Q. What did the doctors tell you about your
13 memory when you were discharged as to whether or
14 not it had improved?
15 A. I'm not sure.
16 Q. What did the doctors tell you when you
17 were discharged about your ability to concentrate?
18 A. I'm not sure.
19 Q. Do you know what you ability to
20 concentrate was like when you were discharged?
21 A. Not very good.
22 Q. When you say not very good, what do you
23 mean by that?
24 A. I'm not very good at concentrating on
25 things.

Page 75
1 Q. At that time, what kinds of problems
2 were you having with your memory? What kind of
3 things were you not being able to remember?
4 A. Remembering everything, what happened
5 Q. Anything else?
6 A. I just can't remember.
7 Q. Now have you had any seizures since
8 you've been in the hospital?
9 A. I heard that I did have some.
10 Q. Who told you that?
11 A. My parents. And I was put on Dilantin,
12 which is a seizure medicine, but then they found
13 out I was allergic to it.
14 Q. When was that?
15 A. In Iowa City.
16 Q. That was when you were, in the hospital?
17 A. Yeah.
18 Q. My question, Tammy, was since you've
19 been discharged from the hospital have you had any
20 seizures?
21 A. No. But they do not know what these
22 feelings are. They think it could be a seizure.
23 Q. Now has Dr. Verduyn indicated to you
24 that you've had improvement since the date of the
25 accident?

Page 76
1 A. He's not really said that.
2 Q. Had he indicated to you that you're
3 doing quite well at any time?
4 A. No, I don't remember.
5 Q. What has he told you about how you're
6 doing?
7 A. I don't know what he said. Nothing,
8 hardly. I just get frustrated with him sometimes.
9 I see him too much and I feel like nobody's helping
10 me.
11 Q. Are you limited in any of your
12 activities?
13 A. I can't run or walk that much or that
14 far. I'm slower at things. I have to stop and
15 rest 'cause I get tired out.
16 Q. Had Dr. Verduyn or any other doctor
17 indicated that you're limited in your activities?
18 A. I don't remember if he said that.
19 Q. I saw some records where you were
20 talking apparently to Dr. Verduyn about going to
21 the Mall of America and going on some of the
22 rides. Do you recall that?
23 A. Yeah. I just asked him I mean like if I
24 would be able to walk around the mall.
25 Q. Did you go to the Mall of America?

Page 77
1 A. Yeah.
2 Q. How many times have you been to the
3 Mall of American since the accident occurred?
4 A. Just once.
5 Q. did you go on some of the amusement
6 rides at that time?
7 A. I don't remember. I don't remember what
8 they even have. I don't remember if I did or not
9 I don't think I -- if I did, it would be just
10 little ones.
11 Q. Okay. So you don't remember if you went
12 on the roller coaster or not?
13 A. I don't know. I can't remember the
14 place, hardly.
15 Q. Now you mentioned you had this scar from
16 the dog bite. Can you tell us when that incident
17 with the dog occurred?
18 A. That was June of last year.
19 Q. June of 1997?
20 A. Uh-huh.
21 Q. Is that "yes"?
22 A. Yes.
23 Q. And did that occur in Hudson?
24 A. Yes.
25 Q. Who were you with?

Page 78
1 A. My friend, Brittany Lehr.
2 Q. Can you spell that for the court
3 reporter?
4 A. L-e-h-r.
5 Q. And were you with anyone else besides
6 Brittany Lehr?
7 A. No.
8 Q. Can you tell us, where you were going
9 and what happened?
10 A. We normally go out for walks, you know,
11 to lose weight or whatever, and I met her halfway
12 between our houses. She had a dog with her. And
13 then I stood back and she just said, you know
14 "Call its name, it's okay." so I called its name
15 and I leaned down and I touched it or something, I
16 don't remember, and it just like went up and just
17 bit my --just bit. And I was so scared that I
18 thought he knocked my other tooth off, and I was
19 scared that I was going to walk around with no
20 teeth, no two front teeth. So I ran home with
21 blood --
22 Q. So this was your friend Brittany Lehr's
23 dog that bit you?
24 A. Yes.
25 Q. Okay. Had you been walking with the

Page 79
1 dog?
2 A. No. We just met halfway.
3 Q. I'm trying to follow this. She told you
4 to call the dog to come to you or something like
5 that?
6 A. Call the dog's name, she had it on a
7 leash, to know that I know its name or something.
8 Q. What kind of dog was it?
9 A. A big yellow dog. Half --
10 Q. Did you bend over or sit down or
11 anything like that?
12 A. No, I don't think. He jumped up at me.
13 Q. Did you do anything to aggravate the
14 dog?
15 A. No. I didn't even know how to provoke
16 him.
17 Q. Just called the dog's name; right?
18 A. Yeah.
19 Q. Nothing unusual?
20 A. No.
21 Q. And then in this car accident you had
22 that you mentioned earlier, where did that occur
23 at?
24 A. On Orange Road, I think.
25 Q. And when did that occur?

Page 80
1 A. That was after the dog bite a couple
2 weeks or a month.
3 Q. Okay. And at the time were you going
4 somewhere?
5 A. I was going to work.
6 Q. And can you tell me how this accident
7 occurred?
8 A. I don't remember how it happened. I
9 didn't get hurt at all. I got out, I was totally
10 conscious, I got out, I walked to the house -- to
11 the house that was close by, called my did, and he
12 came and got me.
13 Q. What was the surface of the roadway
14 where this occurred?
15 A. Dry.
16 Q. Was it a gravel road or a paved road?
17 A. Oh, paved.
18 Q. And did you lose control of the vehicle?
19 A. Yeah, it went off the curve and went
20 into the ditch. Went into the ditch.
21 Q. Do you recall anything that you did that
22 led to your losing control of the vehicle?
23 A. No.
24 Q. Had you just turned or anything of the
25 nature?

Page 81
1 A. I don't know if -- I don't know. I
2 don't know what happened.
3 Q. Do you know if there were any witnesses?
4 A. No.
5 Q. How fast were you going at the time?
6 A. Under 35.
7 Q. do you think your speed had anything to
8 do with your losing control and going into the
9 ditch?
10 A. No. There was a speed limit there.
11 Twenty-five or 35 I was going. I don't remember
12 that, it's so long ago.
13 Q. Now with respect to your employment, you
14 went back to work at Happy Joe's after this
15 accident, didn't you?
16 A. A while. After I got released from the
17 hospital.
18 Q. And would that have been sometime in
19 February of 1997 you went back to work?
20 A. I am not sure about the date.
21 Q. Okay. What were the types of jobs that
22 you did at Happy Joe's after you returned to work?
23 A. They put me on the smaller, easier jobs,
24 like beverage bar, which you fill the ice for the
25 cups and fill the desserts.

Page 82
1 Q. Did you continue on those types of jobs
2 until you left there or did you go ahead and move
3 up to other kinds of jobs?
4 A. You get put on different jobs,
5 basically I knew how to do every single job in
6 there. And I guess after the accident I just
7 stayed on the smaller jobs.
8 Q. While you were working at Happy Joe's
9 after the accident, were you able to perform your
10 job properly?
11 A. I couldn't remember how to do things,
12 how to make things. It was hard for me to walk
13 around and lean down and clean stuff.
14 Q. Okay. So are you going to tell me then
15 that you weren't able to perform your job properly?
16 A. Not as well as I did before.
17 Q. What other problems did you have besides
18 not remembering how to make things?
19 A. I got tired out easier and faster. It
20 was hard for me like to walk and I got pains faster
21 than normal.
22 Q. What I'm asking is, did those things
23 influence your ability to do the job the way you
24 were supposed to do it?
25 A. I got the job done, but I got help by

Page 83
1 doing it.
2 Q. Did you ever receive any criticism from
3 your employer or your supervisor about the way you
4 were doing your job?
5 A. They wouldn't do that to me. They were
6 all nice to me.
7 Q. And were you involved in an evaluation
8 at Happy Joe's after this accident with your
9 supervisors?
10 A. I'm not sure. I think so. You get
11 evaluated so often.
12 Q. Do you recall how your supervisors
13 evaluated you at that time? Was it generally good,
14 or were you having problems?
15 A. Yeah, he did give me a raise because
16 after the accident minimum wage went up and I was
17 working minimum wage, but I deserved a raise.
18 because my raise went up to that, so I got a raise.
19 Q. And then you voluntarily quit
20 Happy Joe's I'm assuming to relocate to to to
21 school at Ellsworth; right?
22 A. Yes.
23 Q. And then you worked at the Princess Cafe
24 just for a few weeks while while you were going to
25 Ellsworth?

Page 84
1 A. Yes.
2 Q. What did you do at the Princess Cafe?
3 A. Just served ice cream, made malts for
4 the waitresses, made ice cream desserts for the
5 customers.
6 Q. And how long did you do that job?
7 A. I don't remember how long I was there,
8 but it wasn't that long at all.
9 Q. And that would have been in the fall of
10 1997?
11 A. Yeah.
12 Q. How long did you work there?
13 A. Not that long. I know also I started at
14 Water Buffalos on Halloween of 97.
15 Q. Did you run the cash register?
16 A. No.
17 Q. Then you are working for Target at this
18 time?
19 A. Yes.
20 Q. And you said you're a cashier?
21 A. I'm a cashier and I work Food Avenue
22 Department.
23 Q. Food Avenue Department where you can go
24 and sit down and eat?
25 A. Yeah.

Page 85
1 Q. How often do you work as a cashier at
2 Target?
3 A. Two or three times a week.
4 Q. And as a cashier, I assume you're the
5 person that's in the front of the store at the cash
6 register checking people out?
7 A. Yes.
8 Q. And as part of your duties, do you make
9 change for people?
10 A. Yes.
11 Q. And check people's ID'?
12 A. Yes, sometimes.
13 Q. Do you have to communicate with the
14 customers as they go through?
15 A. Say hi to them.
16 Q. Sure. And you have to talk to them
17 about the amount of their bill and things of that
18 nature?
19 A. Talk to them about what?
20 Q. The amount of their bill.
21 A. Yeah., just tell them the amount of the
22 bill and that's it.
23 Q. And do you have any problems doing your
24 work as a cashier at Target?
25 A. After work I notice I get more pain down

Page 86
1 here being at work.
2 Q. I understand that. I'm asking do you
3 have any problems that affect your ability to do
4 your job at Target?
5 A. At the Food Avenue when I take orders,
6 I'll like ask them if they want salt or -- like if
7 they want salt or no salt on it and they tell me
8 and then I turn around to make it and I have to ask
9 them again what did they say, do they want salt or
10 no salt.
11 Q. How often is that?
12 A. It seems like every time I'm over there
13 I'm always asking the customer what they said or
14 what they want.
15 Q. Have you had any problems with you
16 ability to perform the job as cashier?
17 A. Just -- I'm not sure. I can't think of
18 anything I remember. I'd have to think about it.
19 (Deposition Exhibit 31 marked for
20 identification, as requested.)
21 Q. Tammy, I have place in front of you an
22 exhibit that the court reporter has marked as
23 Deposition Exhibit 31. Can you identify that,
24 please?
25 A. Yes, It's my resume.

Page 87
1 Q. Okay. And did you put together the
2 information on the resume?
3 A. Some of it.
4 Q. Is there anything on there that you did
5 not put together?
6 A. I didn't type it. At the program at
7 Ellsworth, one of the things to do to prepare you
8 for the job market was to get a resume, so we gave
9 her some of the information and she typed it up all
10 for us and added some good key words for us.
11 Q. But you have the information to the
12 person that typed it up?
13 A. Yeah, these informations, yes. Some of
14 the information.
15 Q. Is everything on this resume,
16 Exhibit 31 true?
17 A. Yes.
18 Q. Okay. And did you use this later to
19 obtain employment?
20 A. To get jobs, yes.
21 Q. Okay. And where id you use this
22 resume.
23 A. I put it in a lot of places to get a job
24 when I came back from Iowa Falls.
25 Q. Okay. Did you use it with Target, to

Page 88
1 get the job there?
2 A. I believe so.
3 MR. HELLMAN: That's all I have. Thank
4 you.
5 MR. TEMPLE: Nothing.
6 MR. ODEKIRK: No questions.
7 Mr. LIABO: I just have a couple.
10 Q. Tammy, I'm Mark Liabo. I also represent
11 Juli's estate and also Kristina Hill.
12 Q. You spoke earlier about your friendship
13 with Juli and Kristina.
14 A. Yes.
15 Q. Did you regard Juli as one of your best
16 friends?
17 A. Yes.
18 Q. After this tragedy occurred, you have
19 spoken with Juli's mother on several occasions
20 have you not?
21 A. Yes.
22 Q. You knew Wanda before the collision?
23 A. Oh, yes.
24 Q. Because you had been over to her house
25 frequently?

Page 89
1 A. A couple time, yes.
2 Q. All right. And socialized with Juli?
3 A. Yes.
4 Q. And since the collision you've seen Wanda
5 on a number of occasions?
6 A. Yes.
7 Q. Did you speak with her or sit with her
8 at the criminal trial?
9 A. No. I was -- I couldn't go in. I was
10 outside because I had to testify, so I just waited
11 outside.
12 Q. Did you ever see Wanda, though, at the
13 criminal case?
14 A. I'm sure, yeah.
15 Q. On any of the times when you've seen
16 Wanda and spoken with her after the collision, did
17 you ever tell her that you thought the accident was
18 Juli's fault?
19 A. No.
20 Q. The decision to sue Juli's estate I take
21 it was not your own?
22 A. As I stated before, it was my attorney's
23 decision in case they did -- the jury decided it
24 was part her fault.
25 Q. So it was just a tactical move in the

Page 90
1 lawsuit?
2 MR. GALLAGHER: Just a minute. I'm
3 going to object to that as calling for an
4 attorney-client privilege. You've already invaded
5 it.
6 Q. (Off-the-record discussion.
7 Q. You've never blamed Juli for this
8 collision?
9 A. No.
10. Q. And you've alleged, in fact, you've
11 claimed in the lawsuit that Mr. Rokes was reckless
12 in the way he drove that night. Are you aware of
13 that?
14 A. I never clamed that, because I don't
15 remember that night.
16 Q. Do you know that you've claimed that he
17 was intoxicated?
18 A. I did? How would I know?
19 Q. Did you hear his testimony at all in the
20 criminal case? Were you allowed to stay in the
21 courtroom for that?
22 A. I can't remember if I was there or they
23 just told me what happened after I came out -- or
24 they came out.
25 Q. You mean the results of the trial or

Page 91
1 what he said?
2 A. Yeah, I can't remember if I was actually
3 there. I don't think I was. I don't know.
4 Q. Okay. You've head his testimony in
5 depositions?
6 A. Yes.
7 Q. You sat there. And is there anything
8 you've heard from his testimony that would change
9 the claims you've made in here about his conduct
10 and his driving?
11 MR. GALLAGHER: That's objected to as
12 calling for -- it invades the attorney-client
13 privilege. I mean, anything she know about this
14 comes through her attorney.
15 MR. BEVEL: I join in the objection.
16 What my objection is, I believe she's testified
17 that she doesn't know anything about it.
18 MR. GALLAGHER: I'll join in that,
19 Q. You head Mr. Rokes testify that he had
20 been drinking before this collision occurred?
21 A. Yes. He said he had a couple of beer. We
22 Don't know how many he had.
23 Q. You heard him testify that he didn't see
24 the flashing red light; correct?
25 A. Yes.

Page 92
1 Q. And you heard him testify that he went
2 through that flashing red light; correct?
3 A. Yes.
4 Q. And struck Juli's car?
5 A. Yes.
6 Q. Is that the first time you had ever
7 heard his version of how this collision occurred?
8 A. When?
9 Q. When you sat through his deposition.
10 A. I've heard that version and other
11 versions from other people.
12 Q. In sitting through Mr. Roke's
13 deposition, you also heard your lawyer ask
14 questions about Juli and about the operation of her
15 vehicle. Do you remember those questions?
16 A. Not the questions exactly.
17 Q. Do you remember your lawyer asking about
18 the light for traffic in Juli's direction?
19 A. No. The only thing I remember him
20 asking was about me in the ambulance with him.
21 Q. Were you here for Kristina Hill's
22 deposition? You were, were you not?
23 A. Yes.
24 Q. Do you remember your lawyer asking her
25 about the light in Juli's direction?

Page 93
1 A. Yes.
2 Q. And your testimony is that you have
3 brought the claim against Juli's estate just in
4 case the jury might find that she was to some
5 extent at fault?
6 MR. GALLAGHER: Just a minute. Don't
7 answer that. It's been asked and answered. She's
8 given her answer and I'm not going to allow her to
9 answer again. Besides, it invades the
10 attorney-clinet privilege. You could also ask her
11 about what she heard about the yellow light,
12 Mr. Liabo, and what you're supposed to do when you
13 see a yellow light.
14 Q. You understand, Tammy, that when your
15 lawyer asks those kind of questions and makes those
16 kind of claims, Juli isn't here to respond?
17 MR. GALLAGHER: That's objected to as
18 incompetent, irrelevant and immaterial. Everyone
19 knows that.
20 Q. Do you understand that?
21 A. Understand what?
22 Q. That Juli is not here to respond to the
23 claims that are being made about her driving in
24 this case.
25 A. Yeah, I understand she's not here.

Page 94
1 Q. Have you ever thought about what she
2 might say?
3 MR. GALLAGHER: That's objected to
4 Don't answer that. Don't answer it.
5 MR. LIABO: Are you telling her not to
6 answer?
7 MR. GALLAGHER: I'm telling her not to
8 answer. We'll go to Court, if you want.
9 MR. LIABO: I have nothing further.
10 MR. BEVEL: Thank you for your
11 patience. I have a couple more. I have some more
12 questions I need to ask you.
15 Q. You mentioned going out with Brittany
16 What's her last name?
17 A. Lehr.
18 Q. You would walk to lose weight?
19 A. When we would do that, yes?
20 Q. Okay. How often would you all walk?
21 A. Once every -- I don't know. Just a
22 couple times like a month.
23 Q. You would walk a couple time a month?
24 A. Uh-huh.
25 Q. How far would you walk?

Page 95
1 A. Around Hudson. Not that far. I really
2 don't even remember walking at all. I mean, I
3 don't remember that part.
4 Q. You don't remember anything -- you don't
5 remember walking or you don't remember --
6 A. I know I walked, but I can't remember --
7 you know, I just can't remember walking. I know we
8 did.
9 Q. Where does she live?
10 A. By Hudson House. I don't know what
11 street it is.
12 Q. Do you know how far it is from your
13 house to her house?
14 A. It's across the highway. Five blocks.
15 I don't know. Do you want me to go measure for
16 you? I don't know.
17 Q. Well, you say you would walk halfway.
18 Would you meet halfway?
19 A. Yes.
20 Q. Okay. Can you describe for me a route
21 that you would take or that you have taken in
22 walking, after you joined up?
23 A. Oh. We would just walk around town.
24 There would be no specific route.
25 Q. So you walked a different rout each

Page 96
1 time, is that correct?
2 A. Yeah. Yes.
3 Q. Can you give me an example of a route
4 that you walked, just naming some streets that you
5 would have gone down?
6 MR. GALLAGHER: If you know.
7 A. I don't remember. We wouldn't walk that
8 because I would get tired out. Otherwise we
9 would stop at a friend's house.
10 Q. What friend's house would you stop at?
11 A. It was Sam Garkow's house one time we
12 we stopped at.
13 MR. GALLAGHER: Spell that.
14 A. THE WITNESS: G-a-r-g-r-o-w. I don't
15 know.
17 Q. Do you know what street she lives on?
18 A. She.
19 Q. Or she?
20 A. The same street Brittany does, but up
21 more. Or we would stop at the restaurant down
22 there.
23 Q. Which restaurant?
24 A. T. J's pizza place.
25 Q. When you would stop there, what would

Page 97
1 you do?
2 A. It depends. Sit there and talk to
3 people what was working, that we knew.
4 Q. Would you eat while you were there?
5 A. No. We're on a diet to lose weight.
6 (Off-the-record discussion.)
7 Would you stop any other places when you
8 would walk?
9 May be school, if there was a game. I
10 do not remember walking any more.
11 Q. Do you recall receiving any kind of
12 speech therapy or having a speech problem before
13 this accident?
14 A. Before the accident, yes, I was told
15 that when I was little, and I remember going to a
16 speech therapist in school when I was little. And,
17 yeah, I remember. And then I was in Area 7 and
18 UNI.
19 Q. What can you tell me about the speech
20 problem you had then?
21 A. I don't know. I was really little.
22 Q. Do you know how old you were?
23 A. No.
24 Q. Do you know how or if it was different
25 from any speech problem you're claiming not?

Page 98
1 A. Yes, because I got over it. Yeah, I got
2 over it.
3 Q. But you don't know what it was?
4 A. I had a speech problem with my 's, I
5 think it was. I don't know what all I had; Okay?
6 Q. Are you aware of what was termed a
7 severe delay in language development?
8 MR. GALLAGHER: When she was three Claris
9 old?
10 MR. BEVEL: Well, I don't know. I'm
11 asking, does she remember?
12 MR. GALLAGHER: Her mother is going to
13 be here in a minute.
14 MR. BEVEL: I'll ask her mother also,
15 but I have the right to ask her.
16 MR. GALLAGHER: You sure do, Henry, but
17 she's told you a couple of time she doesn't know.
18 But go ahead, keep asking.
19 Q. Do you remember, have you ever been told
20 that?
21 A Told what?
22 Q. That you had a severe delay in language
23 development?
24 A. No.
25 Q. Do you dance now?

Page 99
1 A. When I have a chance. But, no, not
2 hardly now.
3 Q. Where do you dance?
4 A. It would be in my own room by myself or
5 at a party, you know, weddings and stuff like
6 that. Or even Shag's, but I haven't been there for
7 a while.
8 Q. Have you danced since the accident?
9 A. Yes. Not as good as I did before.
10 MR. BEVEL: I don't have any other
11 questions.
12 MR. HELLMAN: I don't have any
13 questions. Thank you.
16 Q. I have one question.
17 Do you have a problem with balance?
18 A. Yes, that's the one thing I forgot to
19 mention. I do have a balance problem, 'cause I
20 lost my balance in the accident, so I had to
21 relearn how to walk and gain my balance again. I
22 find myself every day stepping back because I lost
23 my balance, so I have to step back so I don't fall.
24 Q. Have you fallen?
25 A. Last year I fell across the street going

Page 100
1 to mail a letter, and I came back and I fell. And
2 for some reason I didn't put out my arms. I don't
3 know why I didn't. I didn't put out my arms to
4 catch myself. I just landed. I just fell.
5 Q. Have you fallen going up and down
6 stairs, lose your balance?
7 A. Yes.
8 MR. GALLAGHER: That's all.


updated 01/21/17