l@@qq5 1 1 STATE OF VIRGINIA COURT OF COMMON PLEAS 2 CITY OF RICHMOND 3 4 GILBERT B. HEATH, 5 Plaintiff, 6 Vs AT LAW NO. L-91-T-837 7 CSX TRANSPORTATION, INC., 8 Defendant. 9 10 DEPOSITION OF: RAYMOND D. GIBBONS 11 DATE: November 8, 1991 12 TIME: 1:00 P.M. 13 LOCATION: Haynsworth, Marion, McKay 14 & Guerard 1201 Main St 15 Columbia, SC 16 TAKEN BY: Counsel for the Plaintiff 17 REPORTED BY: JANET L. ANDERSON, Court Reporter is 19 2 0 Computer-Aided Transcript BY: 21 A. WILLIAM ROBERTS, JR., ASSOCIATES 2 2 Charleston, SC Columbia, SC 23 (803) 722-8414 (803) 731-5224 24 25 A T.TTT.T.TAM T?014P'.PT,, IR-. &, ASSOCIATES 2 1 APPEARANCES: 2 . & . BY: FRANK D. LAWRENCE, III 3 1294 Diamond Springs Road P.O. Box 5369 4 Virginia Beach, VA 23455 Attorneys for Plaintiff 5 WILLIAMS, KELLY & GREER, P.C. 6 BY: RICHARD M. SWOPE 600 Crestar Bank Building 7 500 East Main Street Norfolk, VA 23510 6 Attorneys for Defendant 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 2 3 24 2 5 A WTT,T.TAM Pr)TZP.R'Pq TR ASSOCTATES 3 1 I N D E X 2 Page 3 Stipulation 4 4 DIRECT EXAMINATION 5 By Mr. Lawrence 4 6 Reporter's Certificate 28 7 a 9 10 E X H I B I T S 11 12 (None were proffered.) 13 14 is 16 REOUESTED INFORMATION INDEX 17 Page 18 1) Report from Mr. Payne 26 19 20 21 22 2 3 2 4 25 'IT I T 7 AM vnnwptq ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRSUCE 4 1 STIPULATION: it is stipulated by 2 and between Counsel that this deposition is being 3 taken pursuant to the rules of the Supreme Coirrt of 4 Virginia; that all objections as to Notice of this 5 deposition are hereby waived; that all objections 6 except as to form are reserved until the time of 7 trial; and that the deponent waives reading and 8 signing of this deposition. 9 10 RAYMOND D. GIBBONS, being 11 first duly sworn, testified as follows: 12 DIRECT EXAMINATION 13 BY MR. LAWRENCE: 14 Q. Good afternoon, Mr. Gibbons. 15 A. Hello. 16 Q- My natne is Frank Lawrence. I'm an 17 attorney from Virginia Beach, Virginia, and I is represent Mr. Gilbert Heath for injuries that he 19 sustained in Columbia, South Carolina, while working 20 out of the Cayce yard. 21 I'm going to ask you some questions 22 concerning his injuries and your duties. If you do 23 not understand my questions, stop me. But just 24 answer rny questions, if yoii could, please, sir. 25 Would you state your full narne for me? A T@TTT.T.TAM PnRP.T?Tq . IR . , & ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 5 I A. My full name is Raymond Dennis 2 Gibbons. 3 What is your occupation? 4 A. I'm a terminal trainmaster with CSX 5 Transportation. 6 Q. How long have you been the terminal 7 trainmaster? 8 A. Since 1986. 9 Q. So you were the terminal 10 trainmaster when Gilbert Heath was injured on July 11 7, 1990? 12 A. Yes. 13 How long have you been with CSX or 14 any of its predecessor railroads? 15 A. Twenty-four years. 16 Q- What does a terminal trainmaster 17 do? What are your duties? 18 A. A terminal trainmaster is 19 responsible for the overall operations of a 20 terminal: the makeup of trains, disposition of cars, 21 business to our customers. Also, the employees that 22 work in the area, I supervise the transportation 23 employees in the area. 24 Q. When you say the area, you would be 25 supervising those employees that would work out of I.TTT T TAM pni4ppq"q .1 pk ASSOCTATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 6 1 your terminal to the industries that you supply? 2 A. Yes. 3 Q- And that would be the car pldnt at 4 Dixiana, South Carolina? 5 A. Yes. 6 Q. So you have the overall supervision 7 of the whole terminal and the area that it services? 8 A. That's correct. 9 Q. And let me ask you, there is 10 another individual that is going to be deposed, Mr. 11 Payne, and he is listed as a trainmaster. What was 12 the distinction between his job and your job? 13 Q. Mr. Payne is a line-of-road 14 trainmaster, and he's responsible for the areas 15 outside the terminal, on either side of the terminal 16 at Cayce. 17 Q- And the line-of-road trainmaster, 18 would he report to you? 19 A. No. 20 Q. He has a different reporting 21 system. He reports to Jacksonville or regional? 22 A. We're both on the same level, and 23 we report to the division manager in Florence. 24 Q. In Florence. All right. What 25 about the roadtnaster in the particular area? Who T,7T T M ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 7 1 does he report to? Mr. Bowers, I believe his name 2 is. 3 A. He reports, also, to the division 4 manager in Florence. 5 Q- Is he on an equal level with you? 6 A. Yes. 7 Q. And his job would be what? 8 A. He is in charge of the crews that 9 performed the maintenance to the tracks, in the 10 terminal and line-of-road in the Columbia area. 11 Q. Whose responsibility would it be 12 for inspections of tracks within the terminal area? 13 A. The roadmaster's employees. 14 Q- All right. Would you have anything 15 to do with inspections of any of the trackage in the 16 whole area of the terminal, or any of the industries 17 that you serviced? 18 A. No. 19 Q. So any inspections about defects, 20 whether it be in the track or the roadbed, is not 21 your responsibility? 22 A. No, it's not. 23 Q. Okay. Are you familiar with any 24 inspection procedure that the roadmaster has or 25 does? Are you aware of what he does? A TITT.T.TBM PnrtR.RT-,. TR. , rr. ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 8 I A. I've got basic knowledge of what he 2 does, yes. 3 But he doesn't report to you? 4 A. No. 5 Q. And he doesn't file any reports 6 with you, or does he? 7 A. If I have a condition reported 8 through me to him, then he would respond back to me 9 to close my file. If I had an employee to report 10 a -- such as a switch point gapped, and they turned 11 it in on a necessary unsafe condition report, or 12 whatever, then I would give him a copy of it and he 13 would respond back to me so in order that I might 14 close the file. 15 Q. All right. As the terminal 16 trainmaster in the area, in the time, of, say, July 17 of 1989 up to July of 1990, as the terminal 18 trainmaster, had you ever received any complaints 19 about any gates, either A Gate or B Gate, at the 20 Dixiana auto ramp? 21 A. I think I've got some reports of 22 one particular gate on the A Lot side that was 23 repaired prior to this, on file. But I'm not sure 24 of that, and I would have to check a file that 1 25 have with those papers in it. A T.T T T. T, T b M P oq TPP Tq .,rR .F, ASSOCTATES RAYMOND D. GIBBONS - DTRECT BY MR. LAWRENCE 9 1 All right. So you're going to have 2 to check it; but, your knowledge is you may have a 3 complaint that you had received concerning th& A 4 Lot; is that correct? 5 A. Yeah, it's a form. It's an uns-afe 6 condition form that's turned in by the employee. 7 It's a PI-82C -- I think is the number on the 8 form -- that is turned in. 9 Well, let me ask you, if an 10 employee doesn't fill out a form, the PI-82C, 11 reporting an unsafe condition, but he comes to you 12 and says, Mr. Gibbons, I want to report an unsafe 13 condition at a certain spot, would you then fill in 14 the forrn? 15 A. No, I have the employee fill the 16 form in. 17 Q. To your knowledge, have you ever is received a report about the Dixiana auto ramp from a 19 Mr. J.R. Hall, H-A-L-L. 20 A. I don't even know who i.R. Hall is. 21 Q. To your knowledge, then, your 22 knowledge is you're going to have to check, you 23 don't know whether you opened a file of an unsafe 24 condition report on that particular industry? 25 A. All these reports are filed T.I@' T 'AM PN@VPMC .7p r- AqRnrThTRS RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 10 1 together, and it would be in one file. All the 2 unsafe condition reports are in one fil-e, and I 3 would have to look through that file. 4 All right. Now, who maintains that 5 f ile? 6 A. I do, in my office. 7 Q. How long do you keep that file? s A. I've had it since the form short ly 9 came out in, I think, '87 or '88. 10 Q. All right. And so any reports 11 since '86 or '88 -- it wouldn't have been 1982, 12 would it? I mean, is that why it's labeled PI-82C? 13 A. No. I don't know what the 82 14 significance could be. 15 Q. Since '87 or '88, any complaints of 16 unsafe conditions that have been reported to yoii, as 17 the terminal trainmaster, you would have had the 18 employee prepare the PI-82C; is that correct? 19 A. Yes. 20 Q. And you have maintained that file 21 since 1987 when the form came out? 22 A. Thereabouts. 23 Q- And you are maintaining that file 24 today? 25 A. Yes. Z, XJTI.I.TAM ROBF.RTQ TR.. & ASSOCTATFS RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE I Q. At your office, which is located 2 where, sir? 3 A. 500 Taylor Street in Cayce, South 4 Carolina. 5 Now, after directing an employee to 6 prepare a PI-82C, if it were on an industry, I 7 believe you told me that you would then turn that 8 over to the roadmaster? 9 A. I would send a copy to whomever was 10 responsible to repair whatever the problem was. 11 Q. All right. If we were talking 12 about the Dixiana auto ramp, either A or B Gate, and 13 you had such a report of an unsafe condition, would 14 you sent Mr. Bowers, who is the roadmaster, a copy is of that report? 16 A. No. 17 Q. If you had a report concerning A 18 Gate or B Gate at Dixiana auto ramp, who would you 19 send a copy to? 20 A. The manager of quality unloading in 21 the auto facility. 22 Q. Who is the manager of quality 23 unloading today? 24 A. Today is Paul Snyder. 25 Was he there in July of '90? T.7TT.T.TAM V?ORWl?Tv TR F, ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 12 I A. I don't think so. 2 Do you know who was there in July 3 of , 90? 4 A. I think it was his brother, then 5 was Steve Snyder. 6 Q. Is Steve Snyder, to your knowledge, 7 connected with the industry today? A. Yes. 9 In a different capacity? 10 A. At a different location and a 11 different capacity. 12 Q. Where is he located; do you know? 13 A. He has a ramp somewhere up in -- 14 somewhere up north. And he's responsible for that 15 rarnp. And he left his brother Paul here in charge 16 of this facility. 17 Q. Why would you not send a copy of 18 the unsafe condition report to the roadmaster? 19 A. He wasn't responsible for repairing 20 anything inside the auto facility. 21 Q- All right. You are, as the 22 terminal trainmaster, very much concerned about the 23 conditions of third parties, where you send your 24 inen, aren't you? 25 A. Yes. n Mc .7P F- bRqOCTATPq RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 13 1 Q- What would you do, as the terminal 2 trainmaster, if you, for example, sent an unsafe 3 condition report to an industry and they didn"t 4 correct the unsafe condition? 5 A. Well, first of all, I'm obligated 6 to protect the condition, if it's an unsafe 7 condition. I'm obligated to my employees to protect a that condition. 9 Q. When say protect that condition, do 10 you protect them from that condition? 11 A. Yes. 12 Q. Okay. 13 A. Protect it by a yard bulletin, if 14 necessary, that we have a condition for our is employees to watch. 16 Q. Okay. The bulletin says watch out 17 for it? 18 A. Right. 19 Q- But, meanwhile, while you're 20 telling them to watch out, nothing is being done by 21 the industry? 22 A. Right. 23 Q. So what do you do next other than 24 say watch out? 25 A. I keep this unsafe condition A WTT.T,TAM ROSER.TS, JR., 6, ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 14 I report, this file, open. And if I have no response 2 from the industry, then at a period shortly 3 thereafter, giving them adequate time to do 4 something about the condition, we don't serve them 5 any longer. 6 Q. You wouldn't send trains to their 7 facility? 8 A. That's right. 9 Q. How long would you persist in not 10 sending them their trains before giving in and 11 sending trains if they didn't repair the defect? 12 A. I wouldn't. 13 Q. You wouldn't? 14 A. No. 15 Q- So you insist that they repair the 16 defect? 17 A. Right, yes. is Q. If we're talking about the gate -- 19 and I'm talking about the gates at the auto ramp, 20 either A or B -- if a defect existed there and it 21 were reported to you and you notified the quality 22 unloaders and they didn't repair it, then you 23 wouldn't sent the cars in there? Is that what 24 you're saying? You wouldn't send your crew in there 25 until they repaired the defect? T-T T I.T. T AM P ORTP.R T.' IR ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRSNCE 15 1 A. After giving them adequate time to 2 repair it. 3 Now, any defect that would bd in 4 either the gate or -- did I lose it? 5 (Interruption.) 6 MR. SWOPE: Off the record. 7 (Whereupon, an off-the-record 8 conference transpired.) 9 BY MR. LAWRENCE: 10 Q- Mr. Gibbons, if, in fact -- and I'm 11 referring to a picture that's been marked as D-7. 12 Do you recognize this piece of pipe that's sitting 13 right in front of the trees? 14 A. I recognize what it is. 15 Q. What is it, sir? 16 A. It's a gate keeper. 17 Q. And let me show you a picture which is has been marked as D-6, and is the piece of pipe in 19 there the same? 20 A. Well-- 21 Q. Well, let me ask you, if it's not 22 the same, is it the same type of thing? A gate 23 keeper? 24 A. Yes. 25 Q. All right. Would it be your TJT T.7.T h M I?r)P P. T? 91 qIR ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRSNCE 16 1 testimony that if a reported defect in a gate keeper 2 was received by you, would that be a sufficient 3 unsafe condition for you not to send your crews in 4 if it were not repaired by quality unloaders? 5 A. For a long period of time? Yes. 6 Q. Would there be any occasion, as the 7 terminal trainmaster, that you knew that this was in 8 a defective situation, would there be any time that 9 you would direct that this be fixed by the railroad 10 company? 11 A. No. 12 Q- So you would never direct that it 13 be fixed? 14 A. Not by the railroad company. 15 Q- Not by the railroad company. And 16 you would never direct -- and Mr. Bowers, I guess, 17 is the roadmaster, would never direct that the gate 18 keepers be fixed by the railroad? 19 A. No. 20 Q. So any repair, as far as the 21 railroad is concerned, and you, as the terminal 22 trainmaster, would have to be done by the industry? 23 A. Yes. 24 Q. Mr. Gibbons, do you have a meinory 25 of meeting Gilbert Heath at the hospital on July 7, l@TTT.T.T AM I?nl;TPRTq TR .r, ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 17 1 1990? 2 A. Yes, sir. 3 Let me hand you what has been 4 marked as Defendant's Exhibit 11 in the plaintiff's 5 deposition. Let me ask you, first, do you recognize 6 that document? 7 A. Yes, I do. 8 What is it, sir? 9 A. That's the employee's report of the 10 personal injury that Mr. Heath sustained. 11 Q. All right. Did you prepare the 12 report? 13 A. Yes, I did. 14 Q- That is your handwriting? is A. Yes. 16 Q. You asked him the questions and got 17 the information from him and wrote it on the form? is A. Yes. 19 Q. And Mr. Heath signed the form for 20 you on the left-hand side? 21 A. Yes. 22 Q. All right. Did you take this 23 personal injury report -- and I'm looking at 24 question number 27 -- did you take this as an unsafe 25 condition report? h W-rl.T.TAM RORF.RTS , -JR. ASSOCTATES RAYMOND D. GIBBONS - DTRECT BY MR. LAWRENCE 18 I A. No. 2 Q- You didn't? Wby would you not? 3 A. (No response.) 4 Q- Let me-- 5 A. I'm not sure I understand. 6 Q. Let me rephrase that, if I may, 7 please. As the terminal trainmaster, you have had a 8 report that an employee had been injured and is at 9 the hospital; is that correct? 10 A. Yes. 11 Q- And you have gone to the hospital, 12 and you are asking your employee what happened. And 13 he tells you everything that happened to him; is 14 that correct? 15 A. Yes. 16 Q. And you write down, you ask him did 17 a defective tool, or equipment use, result in the is injury? And it is marked yes. And I assume you 19 marked the yes in 27. 20 A. Yes. 21 Q. And then you wrote possibly, gate 22 latch broken. That's your handwriting. Is it? 23 A. That's my handwriting, yes. 24 Q- Okay. After having received this 25 report, did you direct that any inspection be made A T.TTT.T.TAM RORF.RT-, . JR. , Xe ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 19 1 of the possible broken gate latch? 2 A. Yes. 3 Q- So you did treat this report,, 4 somewhat, as an unsafe condition report? 5 A. Somewhat, but not like I would an 6 unsafe condition report. An unsafe condition 7 report, I would have called the industry. 8 You did not call the industry on 9 this particular possibility of a gate latch broken? 10 A. Not on that, and I'll explain why. 11 Q. Okay. 12 A. The night of this injury, the next 13 morning at 4 a.m., my wife and I boarded a bus, a 14 church bus, for the New England states on vacation 15 for a week. So I called Trainmaster Payne at home 16 that night after the injury, after I had seen to it 17 that Mr. Heath was taken care of medically, and I is bad filled all these reports out, and I asked him to 19 follow up on this thing the following day. 20 Q- Okay. So my question was, did you 21 order any inspections? No, you did not. But you 22 asked the line-of-road trainmaster, who is equal to 23 you, would he please follow up on the possibility of 24 a gate latch broken? 25 A. Ri-ght. Follow up on the whole b WTT.I.TAM ROIIP.RT.1; @7R-. F, ASSOCTATFS RAYMOND D. GIBBONS - DTRECT BY MR. LAWRSNCZ 20 1 incident, the whole incident. 2 Q. So that it would be up to him, I 3 guess, to tell us whether he contacted the ind-ustry 4 or whether any inspections were made by the railroad 5 personnel. I aTn assuming, and I rnay be incorrect, 6 but you were on a week's vacation. When you came 7 back, did you follow up on this at all? 8 A. Yes. 9 Tell me what you did do. 10 A. I talked to Mr. Payne about this 11 and found out what he had done as far as taking the 12 pictures and making sure that the gate was repaired, 13 and that all the paper work was in order and that -- 14 you know, contacted Mr. Heath to see how he was 15 doing. 16 Q- okay. But with the accident report 17 in hand and with Mr. Payne taking care of it, then is there was no PI-82C prepared? 19 A. No. 20 Q- So there wouldn't be any of that in 21 the file as ot the July 7, 1990 incident? 22 A. Not covering this incident, no. 23 Q- Okay. Did you ever go to the scene 24 of the gate and inspect the gate after July 7 of 25 1990? A WT7.T.T@M 3?()RF.I?TS , I@ rv 4SSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 21 1 A. I'm not sure. I'm not sure. 2 Q- So it would probably be correct, 3 then, the answer that I have received -- and I have 4 sorne notes and I may be mistaken, but after the 5 accident that Mr. Payne and a Mr. Presler went to 6 the site and observed the condition? 7 A. That's correct. 8 And who would Mr. Presler have 9 been? 10 A. Mr. Presler was an assistant 11 trainmaster in the terminal. He worked for me. 12 He was your assistant. 13 A. He's not an assistant terminal 14 trainmaster. He was an assistant trainmaster, TSC 15 type person, that is responsible for the clerical 16 activities in my office. 17 Q- Your counsel has handed me a 18 writing that you have the original in front of you. 19 Could you tell me what that is? 20 A. This is a drawing that I made at 21 the -- sometime after the accident, either at the 22 hospital or back in my office, after Mr. Heath was 23 attended to at the hospital. And it's just got 24 pertinent infortnation concerning the accident. 25 Q- All right. Well, you used the word A I.TTT T,T AM vr)nvp'Pq .7p k AQSC)CTATFS RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 22 1 pertinent. Tell me what's pertinent, if you would. 2 A. Pertinent to ne. 3 Q. Well, to you? 4 A. All right. It tells me which lot, 5 which track, the gate was that was involved when the 6 accident was involved, being Lot B. This is Lot B. 7 Q. Right. Okay. 8 A. It gave me Mr. Heath's I.D. number 9 and number of years with the railroad. It gave me 10 the engine numbers involved and the movement, the 11 approximate time. It gave me information so that 12 when I reported this incident to Mr. Drake, my 13 division manager's office, to him or whoever was on it call for him, that I would have the necessary is information to give him what he needed. 16 Q. All right. Did you draw this up by 17 yourself, or did you talk to Gilbert Heath to get 18 the information from hin? 19 A. I'm not sure. 20 Q- Okay. There's written on there A 21 Lot Gate B/0, needs repair. What does that mean? 22 A. That was a note given to rne by Mr. 23 Heath when I prepared this, that the A Lot Gate was 24 also bad order and in need of repair. 25 So the B.O. is for bad order? & ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 23 I A. Right. 2 Q. Having received this, did you 3 prepare -- or direct anyone to prepar e an unsafe 4 condition on one of the PI-82Cs for the A Lot Gate? 5 A. I'Tn not sure. 6 Q. if you did, it would be in your 7 file? 8 A. Yes. 9 What do all the numbers at the top 10 mean? The N.E., the 6648-2709? 11 A. 6648 was the northbound engine that 12 was in the consist. That was the engine that Mr. 13 Heath was riding. 14 Q. And the other? 15 A. 2709 was the trailer number. 16 Q. There were two engines? 17 A. Yes. is Q. The 6648 was the one that was in 19 the front, that struck the gate? 20 A. Yes. 21 Q. And you pointed at Gate B, and I 22 know where it is without having to mark your 23 exhibit. I see what looks to be a closed gate, then 24 two little arrows. They are, I guess, to just show 25 the direction that the gate opens? I.T@ T T. TN VA P r)rLPR 'Pl @IR ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 24 1 A. That's correct. 2 The gates are attached to the 3 little round things, the poles, and swing back that 4 way; right? So that doesn't really reflect the 5 gate; it's just the direction that the gate opens? 6 A. That's right. 7 Q. Okay, thank you. Let me jump a 8 little ahead, if I may. You had an opportunity to 9 see Mr. Heath and talk to him after he had had 10 surgery, I believe; did you not? 11 A. Yes. Yes. 12 Q. And I want to ask you, did you 13 specifically have some conversation with him when it 14 was known to you, as the terminal trainmaster, that 15 he was going to be coming to work with a brace on 16 his leg. Did you have a conversation after 17 receiving that knowledge? is A. I'm not sure about -- I had several 19 conversations with him about coning back to work and 20 also with the claims department, but I'm not sure 21 about that specifically. 22 Q. Let rne be a little Tnore specific 23 and maybe it will jog your memory, maybe it won't. 24 Did you specifically tell him that he couldn't come 25 back to work on the terminal with a brace on his I T.111 I TAM Pn@vp9lq .-T IR AssorTAPRS RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCS 25 I leg? 2 A. That wouldn't have been my decision 3 if I told him that, and I think I did tell hini that. 4 I'm not sure, but that would have come from Dr. 5 Tomasino, our chief medical officer. 6 Q. I understand that Dr. Tomasino, 7 your chief medical officer, is the final authority 8 to say yes he can. But you told me that you did,_ 9 perhaps, say that to him? 10 A. Perhaps I passed that word on to 11 him from Dr. Tomasino's office. I wouldn't have 12 made a decision on my own to tell him that. 13 Q- Did you have occasion to ask Mr. 14 Payne, the line-of-road trainmaster, to check out is Gilbert Heath performing his duties with a brace on? 16 A. Yes. 17 Q. Did you receive a report from Mr. is Payne as to those results? 19 A. I got a copy of it. He sent the 20 original to -- I'm not sure who he sent the original 21 to, but I did get a copy, yes. 22 Q- Did Mr. Payne prepare a report on a 23 test of Mr. Heath performing his duties with a brace 24 on? 25 A. Yes. A T@7TT.Y T AM T?r)Url?Tq -T 1? F, ASSOCTATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCE 26 I Q- And that report is within the CSX 2 system somewhere? 3 A. Yes. 4 MR. LAWRENCE: I do not have that. 5 I'd specifically like to have it. 6 MR. SWOPE: I'll refer to John on 7 that. 8 (This page contains information to 9 be supplied by counsel.) 10 BY MR. LAWRENCE: 11 Q. What did you understand from the 12 work testing that Mr. Payne did as to Mr. Heath's 13 condition? 14 A. This is through conversation with 15 Mr. Payne: I understood that the brace restricted 16 Mr. Heath's ability to mount and dismount equipment 17 which he would normally have to do in a routine is daily activity of his work. 19 Q- And I know that it's tough to 20 specifically remember conversations; and, generally, 21 did you have a conversation with Mr. Heath that you 22 wouldn't feel comfortable, or wouldn't feel right, 23 leaving him working at the terminal with a brace on 24 and you at home? 25 A. I don't recall that. h TYTT.T.TAM RO@F.RTq. 7R. , F, ASSOCIATES RAYMOND D. GIBBONS - DIRECT BY MR. LAWRENCS 27 1 You can't recall that, okay. 2 MR. LAWRENCE: If you'll give me 3 just a second please. 4 (Whereupon, a recess transpired.) 5 BY MR. LAWRSNCE: 6 Q. If the gate were replaced, it would 7 have been replaced by quality unloaders? 8 A. Yes. 9 And they would have disposed of the 10 damaged gate? 11 A. Yes. 12 Q- Do you have any knowledge, of your 13 own, as to where the damaged gate was or where it 14 went? 15 A. No, I sure don't. 16 MR. LAWRENCE: Mr. Gibbons, thank 17 you, sir. is (Whereupon, the deposition was 19 concluded at 1:35 p.m.) 20 21 22 2 3 2 4 2 5 T M PNRRRTS TR-. F ASSOCIATES 2 8 CERTIFICATE 2 3 I, Janet L. Anderson, certified 4 Court Reporter, and Notary Public for the State of 5 Soutb Carolina at Large, do hereby certify: 6 That the foregoing deposition was 7 taken before me on the date and at the time and 8 location stated on page 1 of this transcript; tha-t 9 the deponent was duly sworn to testify to the truth, 10 the whole truth and nothing but the truth; that the 11 testimony of the deponent and all objections made at 12 the tirne of the examination were recorded 13 stenographically by me and were thereafter 14 transcribed; that the foregoing deposition as typed 15 is a true, accurate and complete record of the 16 testirnony of the deponent and of all objections made 17 at the time of the examination. 18 I further certify that I am neither 19 related to nor counsel for any party to the cause 20 pending or interested in the events thereof. 21 2 2 2 3 2 4 2 5 .,TT.T TAM @n@VP c 2 9 I Witness my hand, I have hereunto 2 affixed my official seal this 19th day of November, 3 1991, at Columbia, Richland County, South Cardlina. 4 5 6 7 i t L. And rson, 8 N0 ary Public, Si - t te of South Carolina 9 at Large My Commission expires September 8, 1996. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 T.TTT.T.T &M Pnl;P.PTq TR ASSOCIATES