VIRGINIA: 2 3 IN THE CIRCUIT COURT FOR THE CITY OF SUFFOLK 4 5 Robert C. McDaniel, 6 Plaintiff, 7 v. 8 9 Norfolk & WeBtern Railroad, 10 Defendant. 11 12 DEPOSITION OF DR. RALPH GODSEY 13 14 On the llth day of December, 1996, beginning 15 at 4:00 P.M., at the Office of Dr. Ralph Godoey, Crewe, 16 Virginia, before me, Kimberly Powers, a stenotype 17 reporter and notary public in and for Mecklenburg County, 18 Virginia, appeared DR. RALPH GODSEY, who, being first 19 duly sworn by me, gave his oral deposition in said cause 20 pursuant to notice as hereinafter set forth. 21 22 23 24 25 Kimberly Powers, Court Reporter 804-447-6037 COPY 2 A P P E A R A N C E S 2 3 REPRESENTING THE PLAINTIFF: 4 Richard N. Shapiro, Esquire 5 WilBOn, . & Shapiro, P.C. 6 1294 Diamond Springs Road 7 Virginia Beach, Virginia 23455 8 9 REPRESENTING THE DEFENDANT: 10 Gregory F. Holland, Esquire 11 MAYB & Valentine 12 1111 East Main Street 13 Richmond, Virginia 23218-1122 14 15 I N D E X 16 17 Examination by Mr. Holland Pageo 3,25 18 Examination by Mr. Shapiro Page 22 19 20 Exhibits: 21 Plaintiff's Exhibit Numbers One-Five Page 22 22 23 24 25 Kimberly Powers, Court Reporter 804-447-6037 3 1 RALPH GODSEY, M.D., 2called as a witness to testify, after having been first 3duly oworn by me, testified on his oath as follows: 4 EXAMINATION 5BY MR. HOLLAND: 6 Q. Dr. Godsey, would you state your full name for 7me, please, Bir. 8 A. Dr. Ralph Godoey, general practitioner in 9Crewe, Virginia. My training was-- 10 Q. Tell us your training, please, sir. 11 A. I had a BS from Concord College, graduated 12 from there. Then went to the School of Pharmacy at MCV, 13 graduated in '58 and went to Medical College School of 14 Medicine, graduated 1962. Interned at McGuire Veteran's 15 Hospital and Johnston-Willis Hospital. Started 16 practicing here in 1963 and been here ever since. 17 (An off-the-record discussion was held) 18 BY MR. HOLLAND: 19 Q. Doctor, how long have you been practicing 20 family medicine in Crewe? 21 A. Since 1963. 22 Q. Is Mr. Robert McDaniel a patient of yours, Dr. 23 Godsey? 24 A. He is. 25 Q. When did you first see Mr. McDaniel, Doctor? Kimberly Powers, Court Reporter 804-447-6037 4 1 A. April 11, 1978. 2 Q. Doctor, I first want to direct your attention 3 to your office note of September 16, 1980. 4 A. Okay, got it. 5 Q. Did you see Mr. McDaniel on that day? 6 A. I did. 7 Q- Would you tell me the reason for Mr. McDaniel 8 coming into your office on that date. 9 A. At that time he came in he stated he had hurt 10 his right shoulder and back Sunday at work. He was 11 holding on to a cutlever, slack ran in causing him to 12 jerk around and twisted his back. He WaB X-rayed that 13 night at Southside Community Hospital, diagnosis of rib 14 separation. 15 Q. I don't want your diagnosis. I'm not going to 16 be asking you about your diagnosis. 17 A. Okay. 18 Q. After September 16, 1980 when did you next see 19 Mr. McDaniel? 20 A. September 22nd of 1980. 21 Q. Would you tell us what Mr. McDaniells 22 complaints were to you on September 22, 1980. 23 A. Complaining, he said it was worse, it was like 24 a ball of fire type pain below the right scapula and 25 around to the right anterior nipple area. Kimberly Powers, Court Reporter 804-447-6037 5 1 All right, now where iB the Bcapula located, 2 Doctor? 3 A. It's behind the shoulder. It's the right 4 shoulder blade. 5 Q. All right. Did he have any other complaints 6 on that day? 7 A. Yes, sir, he did. His right hip and lower leg 8 pain were worse, he was tender in the lateral right L-5 9 area and to the hip with pain down his right leg. 10 Q. At that time did Mr. McDaniel tell you that he 11 was seeing another doctor? 12 A. Not to my knowledge, it's not on the record. 13 Q. Did you refer Mr. McDaniel to another 14 physician at that time? 15 A. I did. 16 Q. And who did you refer him to, Doctor? 17 A. Dr. Henry Yancey who is in the West End 18 Orthopaedic Clinic in Richmond, Virginia. 19 Q. Is Dr. Yancey, was he in the West End 20 Orthopaedic or the Richmond Orthopaedic group? 21 A. No, in Richmond Orthopaedic Clinic. 22 Q. When was the next time that you saw Mr. 23 McDaniel, Dr. Godsey? 24 A. Looks like October 7th and then November 7th 25 where it was a recheck where he went to Dr. Young Kimberly PowerB, Court Reporter 804-447-6037 6 1 evidently at MCV. 2 Q. WaB that Dr. Yancey or Dr. Young? 3 A. Must have been Dr. Young because it's Ilth and 4 Marshall and that'B MCV. 5 Q. All right, sir. Are you familiar with Dr. 6 Young at MCV, Dr. Godoey? 7 A. I do know Harold Young. a Q. What kind of doctor is Dr. Young? 9 A. Neurosurgeon. 10 Q. When did you or you mentioned on October 7, 11 1980 and November 7, 1980 you saw Mr. McDaniel. What did 12 you do at that time if anything, Doctor? 13 A. October 7th I gave him prescription for 14 anti-inflammatory drug. 15 Q. What did you do on November 7th? 16 A. Other than that I just got the report he went 17 to Dr. Young and he was, exercise he was doing waB 18 helping him. 19 Q. When did you next see Mr. McDaniel? 20 A. November 17th of 1980 he was referred to a 21 neurologist at MCV, Dr. Cary Suter. 22 Q. All right. The reason you referred him to the 23 neurologist--what were the problems that resulted in the 24 referral to the neurolOgiBt? Did you refer him to Dr. 25 Suter? Kimberly Powers, Court Reporter 804-447-6037 7 1 A. Yeah, I did. 2 Q. All right, just can you tell me why you 3 referred him? 4 A. I Bent him to him because he was still 5 complaining of his back and arm pain, of his neck and arm 6 pain. 7 Q. When did you next see Mr. McDaniel? 8 A. 2/3/81. 9 Q. All right, why don,t you just tell me all of 10 the dates that you saw Mr. McDaniel in 1981 for his back 11 injury, Doctor. 12 A. 2/3/81 as I stated, 2/23/81, 3/16/81, 4/13/81. 13 Q. All right. Did you see Mr. McDaniel any in 14 1982 for the injury that he had BUstained in September of 15 1980, Doctor? 16 A. No, I didn't. 17 Q. Did you see Mr. McDaniel in April of 1983? 18 A. I did, April 5th, 1993, '83 I'm sorry. When 19 he went to MCV he saw Dr. John Cardea who was an 20 orthopaedic surgeon. 21 Q. All right. Did Mr. McDaniel tell you at that 22 time whether he was planning to return to work? 23 MR. SHAPIRO: I'm going to object. There's 24 no foundation for him being out of work or returning to 25 work. Kimberly Powers, Court Reporter 804-447-6037 8 1 BY MR. HOLLAND: 2 Q. Let me ask you this Dr. Godoey, do you know 3 whether or not Mr. McDaniel had been out of work since 4 September 16, 1980? 5 A. I think he was out of work during some of that 6 time through 181 and then for some reason I think he went 7 back to work, but I'm not clear according to my records 8 whether he went back after that or not. I know he was 9 out for a period of time during that. 10 Q. What did Mr. McDaniel tell you when he came to 11 Bee you on April 5, 1983 regarding work? 12 A. Said he went to MCV, Dr. Cardea saw him last 13 month and said it was okay to start work. 14 Q. Let me ask you this way: On April 5, 1983 did 15 Mr. McDaniel tell you that he was planning to return to 16 work? 17 A. I did a work, return to work examination on 18 him at that time and okayed him to return to work. 19 Q. Do your records reflect that you had returned 20 him to work between September 16, 1980 and April 5, 1983? 21 A. The notes on this examination says returning 22 after auto. The last day he worked was April 5th of 182. 23 Q. All right, Bir. 24 A. Evidently he had worked somewhere in there. 25 Q. All right. Was he involved in another Kimberly Powers, Court Reporter 804-447-6037 9 1 accident after his return to work in 1982? 2 A. He was involved in a taxi auto accident. 3 Q. All right. Would you tell me what your 4 records reflect concerning that, sir. 5 A. I didn't see him personally for that, but he 6 was--the note says when he returned to work. His report 7 he told me he was in a car accident in Norfolk April 5th 8 of 182. I think it was a taxi, you know, taking him back 9 and forth to work. 10 Q- Did he tell you what he injured in that 11 accident, Dr. Godsey? 12 A. I don't have any report on that. 13 Q. Did Mr. McDaniel tell you that he missed any 14 time from work as a result of that April 5, 1982 15 accident? 16 A. He evidently did because he says returning 17 after auto accident, last day he worked was April 5th. 18 Evidently he told the lady out front or somebody. 19 Q. Following that accident when did you authorize 20 Mr. McDaniel to return to work, Dr. Godsey? 21 A. on April 5th of 183. 22 Q. Did you treat Mr. McDaniel for the April 1982 23 accident? 24 A. No, sir, I didn't. 25 MR. HOLLAND: That's all the questiono I Kimberly Powers, Court Reporter 804-447-6037 10 I have. Thank you, Doctor. 2 BY MR. SHA.PIRO: 3 Q. Dr. Godsey, my name is Richard Shapiro. Along 4 with . . we reprebent Mr. McDaniel. I'd like to 5 ask you a few questions and once again could you please 6 state your full name. 7 A. Dr. Ralph Godoey. 8 MR. HOLLAND: Let me state an objection 9 now. If you're taking Dr. Godsey's deposition for use at 10 trial I have an objection to it because this deposition 11 wabnlt noticed. Now, you can ask him questionb in 12 response to the questions that I ask him on direct, but I 13 have an objection to your taking his deposition for use 14 at trial. With that objection Btated go ahead. 15 MR. SHAPIRO: Your objection iB noted. I'm 16 going to continue on with my intended examination. 17 BY MR. SHAPIRO: 18 Q. Dr. Godsey, we're located here in Crewe, 19 Virginia at your offices, correct? 20 A. That's correct. 21 Q. And you have a general practice/family 22 practice of medicine here in Crewe, Virginia? 23 A. I do. 24 Q. I'd like to ask you a few quebtions to briefly 25 summarize your medical background. IB it true you Kimberly Powers, Court Reporter 804-447-6037 1 graduated from the Medical College of Virginia in 1962? 2 A. That is correct. 3 Q. And you're licensed by the State Board of 4 Medicine in 1962 alBO? 5 A. That is true. 6 Q. And you've been involved in the practice of 7 medicine here in Crewe since 1963 continuously, correct? 8 A. That's correct. 9 Q. And you see patients on a daily basis here at 10 your office? 11 MR. HOLLAND: Object to the leading. 12 BY MR. SHAPIRO: 13 Q. It's mere formality. Is it true, Dr. Godsey? 14 A. Yes. 15 MR. HOLLAND: Same objection. 16 BY MR. SHAPIRO: 17 Q. Dr. Godsey, I'm going to ask you Bome 18 questions and ask that you anbwer when you give a medical 19 opinion to a reasonable degree of medical certainty. 20 Will you so answer questions to that standard? 21 A. I will. 22 MR. HOLLAND: I object because your 23 cross-examination of Dr. Godsey goes beyond my direct 24 examination. 25 MR. SHAPIRO: I understand your objection. Kimberly Powers, Court Reporter 804-447-6037 12 1 BY MR. SRAPIRO: 2 Q. Was Robert McDaniel a patient of yours for a 3 number of years I think since 1978? 4 A. That'B correct. 5 Q. I briefly looked over your recordb before we 6 started this deposition and looks to me like in the 7 course of the period between 1978 and 1995 you saw Mr. 8 McDaniel over 30 times for his general medical checkups 9 aB Well aS for examinationb relating to his employment 10 with the railroad. 11 MR. HOLLAND: Object to the leading. 12 BY MR. SHAPIRO: 13 A. I assume that's a fair number without actually 14 counting them. That would be close to it. 15 Q. And, Doctor, although you've seen him for that 16 period I want to FOCUB your attention to your examination 17 of January 20th, 1995. Did YOU Bee Mr. McDaniel in your 18 office on that date, sir? 19 A. I did. 20 Q. Could you briefly tell us what type of 21 problems that he described to you on that date. 22 A. Told me he had an accident on January 17th, 23 1995 approximately 1:35 P.M. He was grabbing an iron 24 brake on a car and the patient fell on his right arm and 25 shoulder and low back. He was seen by Dr. Hoffman in Kimberly Powers, Court Reporter 804-447-6037 13 1 Norfolk evidently at the emergency room. 2 At that time he had complained of tender right 3 shoulder, right hand, his elbow was okay and he had good 4 range of motion. His right shoulder had decreased range 5 of motion, swinging forward and backward, but it was not 6 able to elevate over his head. He was tender in the 7 right trapezius muscle area which is in the top of the 8 shoulder joint. I prescribed heat and Tylenol. X-ray at 9 that time waB negative for fracture. 10 Q- All right. And the accident that he described 11 on January 17th which was three days earlier was that, 12 did he describe whether that was on the job with Norfolk 13 & Western or not? 14 A. He did. 15 Q. And did he describe whether it was at work? 16 A. He did. 17 Q. I'm sorry, he said he did. You mean he did 18 debcribe that it was at work? 19 A. He described it becaUBe I just noted that when 20 I first made my statement a minute ago. 21 Q. And did you also fill out a report for Worfolk 22 & Western Railroad to send to them about the visit? 23 A. I did. 24 (An off-the-record discussion was held) 25 Kimberly Powers, Court Reporter 804-447-6037 14 1 BY MR. SHAPIRO: 2 A. I did. 3 Q. Okay. Did you also briefly describe on the 4 bottom of the page what Mr. McDaniel had told you about 5 his work accident? 6 A. i did. 7 Q- And can you read that, please. 8 A. The arm iron broke while patient was getting 9 up on train. He fell back on the ground and hurt right 10 Bhoulder and right hip and right wrist and went to Dr. 11 Hoffman in Norfolk. 12 Q. All right, Doctor, you then saw Mr. McDaniel 13 four days later on January 24th, 1995? 14 A. I did. 15 Q. Can you tell us what your findings were at 16 that time, please. 17 A. Note recheck back from injury. He complained 18 of numbness in all fingerb, right thumb pain, feels 19 fat--his thumb we're referring to--hurts in his hand and 20 wrist and he had no strength in it. He had decreased 21 range of motion in the right shoulder and it was Bore. 22 No crepitus was felt. He had good range of motion by me 23 rotating it. I was referring him to Johnston-Willis 24 Hospital for EMG of his right wribt and a MRI of his 25 Bhoulder. Kimberly Powers, Court Reporter 804-447-6037 15 1 Q. All right. And you sent also another form to 2 the railroad on January 24th, 1995 about Mr. McDaniells 3 BtatUB; is that correct? 4 A. That's correct. 5 Q. All right. You got some test results back 6 from MCV relating to the MRI of his shoulder and an EMG 7 or a nerve conduction study on his arm and can you please 8 tell us what the findings were in general terms. 9 MR. HOLLAND: I'll object to him testifying 10 about the opinions of any doctors. 11 MR. SHAPIRO: I understand. 12 BY MR. SRAPIRO: 13 A. Okay, just reading the report that was sent to 14 me the MRI of his right shoulder the impression by the 15 radiologist was-- 16 9. Dr. Godsey, do you normally review these kinds 17 of reports-- 18 A. i do. 19 Q. --In your practice? 20 A. I do. 21 Q. And do you rely on these reports in your 22 practice? 23 A. Certainly. 24 Q. Was there any joint affusion noted in the MRI 25 report? Kimberly Powers, Court Reporter 804-447-6037 16 1 MR. HOLLAND: Same objection, that calls for 2 the conclusion of the radiologist. 3 MR. SHAPIRO: I understand your objection. 4 Go ahead, Doctor. 5 BY MR. SHAPIRO: 6 A. There was a moderate-size joint affubion. 7 Q. What is joint affusion, Dr. Godsey? 8 A. That is swelling and fluid that could be in 9 the joint that's come from some form of trauma or 10 accident or something of that nature. 11 Q. All right. With respect to the EMG and nerve 12 conduction study was that normal in all respecte? 13 MR. HOLLAND: I'll object again. It calls 14 for Dr. GodBey testifying about the opinion of the doctor 15 who did the test. 16 MR. SHAPIRO: I understand your objection. 17 BY MR. SHAPIRO: 18 A. This was not considered normal. 19 Q. Now, is this a type of study that you alBO see 20 in your practice and you refer patients for this type of 21 Btudy? 22 A. I do. 23 Q. And do you review these studies in your 24 practice? 25 A. I do. Kimberly Powers, Court Reporter 804-447-6037 17 1 Q. Were there any findings relating to the wrist 2 that were abnormal or nerves that are in the area of the 3 wrist? 4 A. There were. 5 MR. HOLLAND: Same objection again to him 6 testifying as to the opinions of any doctors that 7 performed the actual studieb. 8 MR. SHAPIRO: Okay. 9 BY MR. SHAPIRO: 10 A. There was early compression of the right 11 median nerve which indicated probably early carpal tunnel 12 syndrome. 13 MR. HOLLAND: Same objection. He's 14 testifying word for word from what's written on the 15 report. 16 MR. SHAPIRO: Okay. 17 BY MR. SHAPIRO: 18 Q. Dr. Godsey, I want to ask you your opinions 19 relating to care that you provided to Mr. McDaniel on 20 January 20th and 24th, 1995. I want to ask you about 21 your opinionb, not opinions of any other doctors. Do you 22 have an opinion to a reasonable degree of medical 23 certainty as to whether Mr. McDaniel suffered any 24 injuries as a result of the January 17th, 1995 accident? 25 A. He did. Kimberly Powers, Court Reporter 804-447-6037 la 1 Q. And what was your working diagnOBiS or working 2 impressions of what thOBe injuries were? 3 A. Well, he had an injury to his right shoulder. 4 MR. HOLLA.ND: Let me state again for the 5 record my continuing objection that this goes beyond the 6 scope of my direct examination. Do I have a continuing 7 objection to that or do you want me-- 8 MR. SHAPIRO: Yes. You don't need to 9 restate it every time. Go ahead. 10 BY MR. SHAPIRO 11 A. He had an injury to his right Bhoulder and his 12 right hand at that time with Bome numbness in his fingers 13 according to my chart which would indicate that he also 14 had some injury to his right wrist. 15 Q. Did your recordb reflect whether he had an 16 injury to the right side of his hip or his low back? 17 MR. HOLLAND: Object to the leading. 18 BY MR. SHAPIRO: 19 A. There's nothing noted in my charts about that. 20 Q. Let me refer you to your January 20th, 1995 21 report to the company. 22 A. I think this is the note that the patient gave 23 me, like his iron broke while he was sitting up. He fell 24 back on the ground and hurt hiB Bhoulder, hip and wribt. 25 I think that's what he gave me I think. Kimberly PowerB, Court Reporter 804-447-6037 19 1 Q. But also in your actual note of January 20th, 2 1995 didn't you make reference to low back pain? 3 MR. HOLLAND: Object to the leading. 4 BY MR. SHAPIRO: 5 A. Well, this is the nurbe's note where the 6 patient has came in and she asked him what is wrong and 7 this is what he told her, grabbed iron brake on car, 8 patient fell back, right arm, shoulder pain and low back. 9 This is her notes and mine follow that. 10 Q. Did you provide any type of sling for Mr. 11 McDaniel to keep hiB arm in after his ViBitS to you in 12 January 1995? 13 A. Nothing is stated on the report and I usually 14 don't furnish thingb here. Sometimes I will advise them 15 to get a sling. Whether I did it's not noted. 16 Q. Okay. You had some other entries in your 17 notes after January 24th, 1995. Did you fill a 18 prescription for pain medication for him some days after 19 January 24th? 20 A. January 31st of 1995 I did fill a prescription 21 in. 22 Q. Okay. And is it your underotanding that his 23 care, his orthopaedic care has been continued with an 24 orthopaedic doctor sometime after January of 1995? 25 MR. HOLLAND: object to the leading. Kinlberly Powers, Court Reporter 804-447-6037 20 1 BY MR. SHAPIRO: 2 A. That iB true. I understand he went to Dr. 3 Haney. 4 Q. All right. Generally on orthopaedic matters 5 would you defer to an orthopaedic doctor on issues 6 relating to, you know, the current care of one of your 7 patients? 8 A. That is correct. 9 Q. Now, the examinations that you conducted in 10 January of 1995 I think on your notes it reflects that 11 Norfolk & WeBtern Railway paid for those examinations; is 12 that true? 13 MR. HOLLAND: object to the leading. 14 BY MR. SHAPIRO: 15 A. That is correct. 16 Q. You haven't seen Mr. McDaniel after January of 17 1995 on his orthopaedic problems although you may have 18 Been him, correct? 19 MR. HOLLAND: Object to the leading. 20 BY MR. SHAPIRO: 21 A. That is correct, I have not. 22 Q. All right. I want to refer you now, Dr. 23 Godoey, back to earlier times and did you see Mr. 24 McDaniel for any prior shoulder or back problems at any 25 time? Kimberly Powerar Court Reporter 804-447-6037 2 1 1 A. I did. 2 Q. And would that have begun sometime around 1980 3 according to your records? 4 A. That is true, September 16, 1980. 5 Q. And during what years starting in 1980 did you 6 treat him relating to any shoulder or back problems going 7 forward? 8 A. 1980 and 181 was when I treated him for his 9 shoulder and his back. 10 Q. I think you may have even had a reference 11 during 1983 to a return to work physical; is that true? 12 A. That is correct. 13 Q. And apparently he had had some problem with 14 his back or shoulder during that year, too, hadn't he? 15 MR. HOLLAND: Object to the leading. 16 BY MR. SHAPIRO: 17 A. That iB true, he went to MCV. 18 Q- All right. Now, let me if you would, Doctor, 19 I want to ask you if you can identify several documents 20 here. 21 Let's put them in order and I'm showing you 22 five formb that I'm going to ask you-- 23 MR. HOLLAND: May I see those? 24 (The documents were handed to the defense attorney) 25 Kimberly Powers, Court Reporter 804-447-6037 22 1 BY MR. SHAPIRO: 2 A. I can. 3 Q. Okay. And what are those documents? I think 4 there's five separate documents I've handed you. 5 A. These are return to work medical examinations 6 that I performed for the railroad company. 7 Q- And thOBe were I believe dated--just to get 8 the record straight--in 1983 April, then June 189, June 9 191, January 20th, 1995 and January 24th, 1995, correct? 10 A. That iB correct. 11 MR. SHAPIRO: Now, I'll move to introduce 12 these as Plaintiff's one through Five. 13 (Plaintiff's Exhibit Numbers one through Five were marked 14 for identification) 15 BY MR. SHAPIRO: 16 Q. FirBt, Doctor, in 1983 you approved Mr. 17 McDaniel to return back to work at the railroad as a road 18 brakeman; is that true? 19 A. That is correct. 20 MR. HOLLAND: Object to the leading. 21 BY MR. SHAPIRO: 22 Q. And did you note on your report anything about 23 any prior problems to his shoulder or back? 24 A. i did. 25 Q. And in order to return him to work in April of Kimberly Powers, Court Reporter 804-447-6037 2 3 1 1983 did you do an examination of his back and spine and 2 Bhoulder to determine whether he was fit for duty with 3 the railroad? 4 A. I did. 5 Q. And what did you find? 6 A. I found he was okay to return to work at that 7 time. a Q- Now, let me refer you to your next, well the 9 next examination that I've handed you dated June 1989; do 10 you have that? 11 A. I do. 12 Q. And was this jubt a periodic examination 13 required by the railroad-- 14 MR. HOLLAND: Object to the leading. 15 BY MR. SHAPIRO: 16 Q. --For a person in the pobition of Mr. 17 McDaniel? 18 A. That is true. 19 (An off-the-record diSCUBBion was held) 20 BY MR. SHAPIRO: 21 Q. In that examination of June of 1989 did you 22 check Mr. McDaniells spine, extremities, et cetera? 23 A. I did. 24 Q. And what was your examination results then? 25 A. Normal, that he could return to work. Kimberly Powers, Court Reporter 804-447-6037 24 I Q. Okay. And I'm showing you another of the 2 documents you identified dated June 1991 and during that 3 examination did you examine Mr. McDaniells spine, his 4 joints, feet and legb aS part of the exam? 5 A. That is normal, yeB, Bir. 6 Q. And he waB approved for duty or to continue 7 duty or whatever it may have been at the time? 8 A. That's correct. 9 MR. HOLLAND: Object to the leading. 10 BY MR. SHAPIRO: 11 Q. So, with regard to his right shoulder or his 12 back did you note any abnormalities in any of those areas 13 before January of 1995 any later than in 1983? 14 A. None were noted on the record. 15 Q. What would your opinion be as to whether or 16 not his right shoulder or back problems had generally 17 resolved that is after 1983? 18 A. My opinion hiB back pain and shoulder 19 certainly were all right after that. 20 Q. And were they all right enough for him to work 21 throughout that period from 1983 to 1995? 22 A. Evidently it was since I haven't got anything 23 on my record where he was complaining of it. 24 Q. And between that period of 1983 and 1995 25 during any of these exams that we just went through or in Kimberly Powers, Court Reporter 804-447-6037 25 1 your notes had you noted any problem with either of Mr. 2 McDaniells knees? 3 A. I have not. 4 MR. SRAPIRO: That's all the questions I 5 have. 6 (An off-the-record discussion was held) 7 BY MR. HOLLAND: 8 Q. Dr. Godsey, you're licensed to practice 9 medicine in Virginia, aren't you, air? 10 A. I am. 11 MR. SHAPIRO: Let me just go on the record 12 and say that Mr. Holland needb to take a position here 13 about whether he's reberving his objections to our exam 14 or how his exam iB proceeding. 15 MR. HOLLAND: Well, all right I'll tell you 16 what I will do firot. First I'm going to cross-examine 17 Dr. Godoey on your direct examination of him. Is that 18 understood? 19 MR. SHAPIRO: Yes. Still reserving your 20 objection? 21 MR. HOLLAND: Yes, that's right. 22 BY MR. HOLLAND: 23 Q. Dr. Godsey, you have been Mr. McDaniells 24 family physician Bince April llth, 1978; iB that correct, 25 sir? Kimberly Powers, Court Reporter 804-447-6037 26 1 A. That is true. 2 Q. And from time to time do you also see Norfolk 3 & WeBtern employees in your office that work out of Crewe 4 here, sir? 5 A. That is correct. 6 Q. You first saw Mr. McDaniel on again April 11, 7 1978; is that correct, sir? 8 A. That is correct. 9 Q. And you saw him on September 16, 1980 for an 10 injury that he sustained to his shoulder and back; is 11 that correct? 12 A. That is correct. 13 He told you that he was holding on to the 14 cutlever and that the slack ran in the train causing him 15 to be jerked around and that he twisted his back; is that 16 correct, Bir? 17 A. That is correct. 18 Q. And you saw him again for another recheck or 19 for recheck of those injuries on September 22, 1980; is 20 that correct, air? 21 A. That is correct. 22 Q. And at that time what complaints did Mr. 23 McDaniel have to you, sir? 24 A. Complained that his pain was worse, it 25 appeared like a ball of fire type pain below his right Kimberly Powers, Court Reporter 804-447-6037 27 1 shoulder and around to his right chest. Right hip and 2 lower leg pain were worse. He was tender in the lateral 3 right lower lumbar area and into his leg. Pain radiated 4 down his right leg. 5 Q. All right, he had right hip pain and pain 6 radiating down hiB right leg; is that correct, sir? 7 A. That is correct. 8 Q. Pain radiating down his right leg does that 9 indicate some nerve involvement, Dr. Godoey? 10 A. UBually the sciatic nerve which comes out of 11 the lumbar disc at the L-4 or L-5 area. 12 Q. All right. At that time you referred Mr. 13 McDaniel to Dr. Henry Yancey an orthopaediot in Richmond; 14 is that correct, sir? 15 A. That is correct. 16 Q. And you did not continue to treat Mr. McDaniel 17 for that injury, did you, sir? 18 A. I did not. 19 Q. And he was seen by Dr. Yancey; is that 20 correct, sir? 21 A. That's correct. 22 Q. And was Mr. McDaniel also seen at the Medical 23 College of Virginia by Dr. Harold Young, Dr. Godoey? 24 A. That is correct. 25 Q. And Dr. Young is a neurosurgeon; is that Kimberly Powers, Court Reporter 804-447-6037 2 8 1 correct, eir? 2 A. That's correct. 3 Q. What type of doctor is a neurosurgeon 4 generally, Dr. Godoey? 5 A. Well, they are a specialized form of surgery 6 that deals specifically mainly with the spine and the 7 nerve cordb. They can also do other operations on the 8 hand, that type of stuff, ebpecially mainly of the spine. 9 Q. Doctor, Mr. McDaniel for that same injury was 10 also seen by another doctor in Richmond a Dr. Cary Suter; 11 is that correct, sir? 12 A. That is true. 13 Q- And Dr. Suter is a neurologist? 14 A. That is correct. 15 Q. Now, did there come a time that you released 16 Mr. McDaniel to return to work following that September 17 16, 1980 injury, Dr. Godsey? 19 A. I'm sure--according to my notes the last time 19 I examined him to put him back to work was April 5th of 20 '83. Now, whether he returned from Dr. Suter or Dr. 21 Young's recormnendationb I do not have it on record. 22 Q. All right. In February of 1981 Mr. McDaniel 23 waB Btill getting physical therapy in South Hill for that 24 injury; is that correct, sir? 25 A. That is true. Kimberly Powers, Court Reporter 804-447-6037 2 9 1 Q. Do you have in your records any indication 2 that Mr. McDaniel had suffered any additional injury in 3 1982-- 4 A. I do not. 5 Q. --Dr. GodBey? 6 A. I do not. 7 Q. You mentioned earlier that you had released S him to return to work on April 5, 1983; is that correct? 9 A. That's correct. 10 Q. And I'll show you a report that's dated April 11 5, 1983. Was that report prepared by you, Dr. Godoey? 12 A. That's correct. 13 And you state in that report that Mr. McDaniel 14 had had problems off and on since 1980; is that correct, 15 sir? 16 A. That is correct. 17 Q. And were those problems with his back? 18 A. Well, the note says back problems off and on 19 since 1980 C.O. report. Recent was in a car accident in 20 Norfolk in 1982. I do not have any report of that. Was 21 treated by Dr. John Cardea. I have no report from Dr. 22 Cardea. 23 Q. Did Mr. McDaniel tell you that he was Btill 24 having problems with hiB back at the time you saw him on 25 April 5, 1983? Kimberly Powers, Court Reporter 804-447-6037 30 1 A. He did not. 2 Q. Let me go forward, Dr. Godsey, to when you saw 3 Mr. McDaniel on January 20, 1995. Mr. McDaniel told you 4 at that time that he had fallen off of a railroad car; is 5 that correct, sir? 6 A. That's correct. 7 Q. And he told you that he had injured hiB right 8 arm and right shoulder; is that correct? 9 A. That's correct. 10 Q. And you examined him on that date, air? 11 A. I did. 12 Q. And tell us again what your examination 13 revealed. 14 A. He was--examination revealed he was tender in 15 the right shoulder and right hand. His elbow was okay 16 with good range of motion. The right shoulder had 17 decreased range of motion, swinging forward and backward 18 were okay, but not able to elevate over hiB head. He was 19 tender in the right shoulder muscle area. 20 Q. At that time did you complete a report as to 21 whether or not Mr. McDaniel was fit to return to his 22 duties as a conductor, Dr. Godsey? 23 A. I did. 24 Q. was it your opinion at that time that Mr. 25 McDaniel was fit to return to his duties as a railroad Kimberly Powere, Court Reporter 804-447-6037 31 1 conductor? 2 A. At that time I okayed him to return to work. 3 Q. You mentioned that you've treated other 4 railroad workers. Are you generally familiar with the 5 duties of a conductor, Dr. Godsey? 6 A. I am. 7 Q. Pardon? 8 A. I am. 9 Q. Now, you Baw Mr. McDaniel again on January 24, 10 1995; is that correct, sir? 11 A. That's correct. 12 Q. At that time did Mr. McDaniel complain to you 13 of any back pain? 14 A. He did not. 15 Q. Did he complain to you of any pain radiating 16 to his right leg, sir? 17 A. He did not. 18 Q. Did he complain to you of any pain radiating 19 to either leg? 20 A. He did not. 21 Q. At that time did you prepare a report, Dr. 22 Godsey? 23 A. I did. 24 Q. Was it your opinion on January 24, 1995 that 25 Mr. McDaniel was capable of performing his dutieb as a Kimberly Powers, Court Reporter 804-447-6037 32 1 conductor? 2 A. I okayed him to return to work. 3 (An off-the-record diSCUBSion was held) 4 MR. HOLLAND: Mr. Shapiro and I have 5 discussed the procedure involved in the deposition of Dr. 6 Godsey and now I'm going back and doing my redirect of 7 Dr. GodBey. Is that fair enough? 8 MR. SHAPIRO: Yeah. 9 (An off-the-record dibcussion was held) 10 MR. HOLLAND: I'm not going to do a redirect 11 of Dr. Godsey based upon the initial examination that I 12 did because we're agreed that I can use the series of 13 quebtions I jUBt asked Dr. Godsey following your 14 examination of him. 15 MR. SHAPIRO: Right. What you call your 16 cross you would read after my exam and I conceded to you 17 that if for some reason we didn't use Dr. Godsey's 18 examination you could go with your very first examination 19 and I would just read the part that we already did. 20 MR. HOLLAND: And I could use my, I could go 21 back and use-- 22 MR. SHAPIRO: Use your cross. 23 MR. HOLLAND: Yes. 24 MR. SHAPIRO: Yes. 25 MR. HOLIAND: I don't have any further Kimberly Powers, Court Reporter 804-447-6037 33 1 questionb then. 2 MR. SHAPIRO: Dr. Godsey, you have the right 3 to review the depOBition. 4 THE DEPONENT: I waive it. 5 (The deposition was thereby concluded) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kimberly Powers, Court Reporter 804-447-6037 34 1 THE STATE OF VIRGINIA 2 3 THE COUNTY OF MECKLENBURG 4 5 I, Kimberly Powers, a notary public for the State of 6 Virginia at large, hereby certify that the foregoing 7 pages comprise a true, complete and correct transcript of 8 the proceedings; and that the matter was taken down in 9 machine shorthand by me and thereafter reduced to type by 10 me to the best of my ability. 11 I further certify that I am not a relative or 12 employee or attorney or counsel of any of the parties 13 hereto, nor a relative or employee of such attorney or 14 counsel; nor do I have any interest in the outcome or 15 events of the action. 16 In addition, I certify that the deponent has waived 17 his signature and allowed me, Kimberly Powers, to sign on 18 his behalf. 19 WITNESS MY HA.ND, this Ilth day of December, 1996. 20 My CommiBsion Expires November 30, 1997. 21 22 23 24 25 Kimberly PooeAs, Court Reporter Kimberly Powers, Court Reporter 804-447-6037