ORIGINAL 1 VIRGINIA: 2 !N THE CIRCUIT COURT OF THE CITY OF PlaintiffMOND 3 JOHN MARSHALL COURTS BUILDING 4 - - - - - - - - - - - - - - - - - - Injured . Plaintiff, 7 8 V. AT LAW NO. LS-4037-4 9 NATIONAL RAILROAD PASSENGER CORPORATION, 10 Defendant 11 - - - - - - - - - - - - - - - - - - 12 13 14 DEPOSITION o+ THOMAS FORTUNE, taken pursuant is to Notice, before i). McGuire, a Registered Professional 16 Reporter and Notary Public for the State of Virginia at 17 Large, at the of+ices o+ Williams, Mullens, Christian & 18 Dobbins. Two James Center.. iO2l East Cary Street, Plaintiffmond, 19 VirginiLa, on the 5th day of September, 1991; said 20 deposition taken pursuant to thL- Rules of the Supreme 21 Court of the State o+ Virginia. 22 23 24 25 CRANE-SNEAD & ASSOC., Inc. Plaintiffmond, Virginia 23230 Tel. No. (804) 355-4335 2 1 APPEARANCES 2 Francis P. tiajei,, Esquire Wilson & Associates, P.C. 3 22()Ci Colonial Avenue, Suite 12-B Post Office Box 1116BStreet 4 Nor+oik, Virginia 23517 Counsel for the plainti+f 5 Curtis M. Hairston, Jr., EsqLiire 6 Williams, Mulien, Christian & Dobbins Two James Center 7 1021 East Cary Street Plaintiffmond. Virginia 23210 8 Counsel for the ciefendant 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 CRANE-SNEAD & ASSOC.. Inc. 3 1 Deposition taken 2 September 5, 1991 3 4 1 N D E X 5 -------------------------------------------------------------- 6 DIRECT CROSS 7 Thomas Fortune 4 8 -------------------------------------------------------------- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reported by D. McGuir. CRANE-SNEAD & ASSOC., Inc. ForTune - Fjirect 4 2 THOMAS FORTUNE, a witness called to 3 testify by coun5el for the plaintiff, first being duly sworn, 4 deposes and states as iollows: 5 DIRECT EXAMINATION 6 B'Y MR. HAJEK: 7 Q Just for the record, Mr. Fortune, if you 8 could, state your full name and home address. 9 A Thomas . Fortun. 601 Victoria Point, 10 Fiorence, South Carolina, 29501. 11 ci And vour home phone there? 12 A It i5 area code 803--669-8671. 13 0 Do vou have any pians to move anytime soon 14 (i No. is Q And how oid are you, Mr. Fortune? 16 A Forty-one years oid. 17 Q And you are currently working ior AMTRAK? 18 A YL.S. Sir. 19 0 How long have you been with them? 20 A Going on fifteen years. 21 Q Did you work for any railroads before you 22 joined AMTRAK@ 23 A No.. sir. 24 Who did you work for before you did join 25 AM-f RAV-. CRANE-SNEAD & ASSOC., Inc. Fortune - Direc:t 5 1 A United States Air Forc. 2 C4 How iong were you with tnem? 3 A Four years. 4 What position did you start o4i in 5 AM [RAO,? 6 A Trac@- Department. track maintenance -- 7 trackman actually. 8 And that would have been in @76-@ 9 @76. 10 And how iong were you a trackman? 11 A Five months. 12 Q Then what happened? 13 A I went into management, material control. 14 My title was mater3Lal inspector. 15 Q And how long were you material inspector? 16 f4 From that point until 1986. 17 0 And in '86, what happened? 18 A I went into the Transportation Department 19 as an assisrant transportation manager. 20 Q And how long did you hold that position? 21 k I got promoted to a transportation manager 22 2 a year iater, that would be 1987. and then to my present 23 position as a transportation manager I effective last 24 February -- or February, I think. 25 u February oi 1990 or 1991? CRANE-SNEAD & ASSOC., lnc. Fortune - Direct 6 1 A 1990. 2 CA Wnat are the general duties of a 3 transporation manager'? 4 A Manage train engine crew. 5 u When you say you manage them, does that 6 include taining? 7 A Well. they nave foremen train them. I 8 just mak-L- surl- that they obey the rules, the regulations that 9 they are supposed to, the safety rules. 10 Do you organize schedules? 11 No. that's crew management. No. 12 0 So you are really only focusing an rule 13 enforcement? 14 i4 Rules, make sure the trains are -- 1 15 coordinate between di++erent departments, crew management in 16 Philadeiphia -- yeah, it@s obeying the ruies basically and 17 helping them with any problems with pay. 18 Q What is the department dif+erence between 19 transportation manager 2 and a transportat3.on manager I-> 20 A There is not muc:h difference at all. It's 21 just -- AMTRAK, as you move, they promote you. You have the 22 same iunction as a FM 2 and a TM 1. lt is just experience as 23 you go along it with them. 24 CA As a transportation manager 2 from '87 to 25 '90, what area were you working then? CRANE-SNEAD & ASSOC.. inc. Fortune - Direct 7 1 A Miami. Florida. 2 Q And what area did you cover out of Miami, 3 Florida' 4 A I went from Miami to Hamlet, North 5 Caroiina, and from Tampa to Florence, South Carolina. 6 Q Did that area include Southern Pines, 7 North Caraiina? 8 A No, sir. 9 Q And then as a transportation manager 1, 10 yolt moved to Fiorence, South Carolina? 11 A Yes, sir. 12 CA And what area did you cover there? 13 A 1 go -from Florence to Washington. 14 Q So that would cover both Southern Pines is and Petersburg-f 16 A Yes, sir. 17 Q Do you know Injured Plaintiff? 18 A No, sir. 19 Q I gather you have heard about him? 20 A Yes, sir. 21 u Who has told you about Mr. Plaintiff? 22 A Mr. Hairston and Mr. Price, Corky Pric. 23 u Olay. How did you come to discuss him 24 with Mr. Price? 25 14 Well.. Mr. Injured Plaintiff was injured at CRANE-SNEAD & ASSOC., Inc. Fortune - Direct a 1 Petersburg, and I was part of the committee report that Mr. 2 Price made up. 3 Q What was your role on the committee? 4 A Weli, Mr. Price discussed the situation 5 and told me what happened at Petersburg, and I just agreed or 6 aisagreed with his outcome of the injury. 7 u Was Mr. Plaintiff charged with any rule 8 vic)iation as a r-esult of these inr-idents? 9 A He violated two rules. 10 0 What rules were they? 11 A Pertaining to the baggage, I think it@s 12 I don7t know what letter it was, but it is that rule 13 right there, 53-1-@.. governing handling o+ baggage and lifting 14 procedures. 1-he iifting procedures would be the second rule is that he violateci. It is in the 5ame -- there's three or four 16 categories in that one ruie, and it has different letters to 17 'che rules. 18 u Tell me what your understanding is oi how 19 the accident happened. 20 A Well.. the way it was explained to me was 21 tnat Mr. Plaintiff was attempting to move rock sait, and that he 22 was ciragging it three feet to the opening of the baggage car 23 aoor, and that ne injured his lower back. 24 CA How did he violate those rules? 25 A By the procedure at that tim. And the CRANE-SNEAD & ASSOC., inc. Fortune - Direct 9 1 procedure is that -- I don't know how much the baggage 2 we3Lghed. If it exceeds the capability of the person to li-Ft, 3 he should get help. That was one of the rules. It is a 4 -iudgment call on the person. If it is too heavy, he should 5 get assistanc. 6 The other one is, you Iiit with your legs 7 and not with the back. And the way it was explained to me is 8 that he was dragging instead of lifting. 9 Have You discussed the accident since that 10 time, other than with Mr. Hairston? 11 A No, just Mr. Hairston. 12 Q Did you conduct any independent 13 inve5tigation of that accident-? 14 A No, 1 clidn@t. 15 a Have you ever been to the Petersburg, la Virginia station? 17 A Yes, I hav. 18 0 When was the most recent time you were 19 therl-@ 20 A Going through or stopping at the station 21 ir-self-2 22 Q Actually stopping at the station. 23 I could say two months ago. 24 Q Were you ever there before April of 1990? 25 A I worked the job in February. I don't CRANE-SNEAD & ASSOC., Inc. Fortune - Direct 10 1 remember. 2 Q How about Southern Pines, North Carolina. 3 ao you remember going through there anytime before August of 4 789- 5 A No. -1 in your position, do you ever receive any 6 L 7 complaints from your train and engine crews about various a stations@ 9 Yes, Sir. 10 L-1 Are you the designated person to receive 11 their compiaints-I 12 A No. I have a crew based in Florence that 13 1 usualiy get the complaints from, people that are scheduled 14 out of or work out of the Florence area. 15 Q Is there a particular file you keep these 16 complaints 3.n:- 17 A Well.. they go to Mr. Scala"s offic. He 18 is the assistant superintencjent. 19 Q Do you know ii he has a complaint file-' 20 A i don7t vnow, sir. 21 Q Do you know if you have ever received any 22 compiaints about Southern Pines. North Carc)lina? 23 A No, sir. 24 0 You don't know, or you haven't received 25 any- CRANE-SNEAD & ASSOC., Inc. Fortune - L)3.rect 1 No. I have never received any. 2 Q Before April 24 a+ 1990, have you ever 3 received any complaints about your crew (nembers having to 4 hancile eycessive weights in the baggage cars-? 5 Yes. sir. 6 Q Teli me what kind of complaints you would 7 rec:eive@, a A It's just eycessive weight for checked 9 baggag. 10 Q What iLs the limit of weight for checked 11 baggage-, 12 A Seventy-five pounds. 13 FA And how long has that weight limitation 14 been in existence? 15 A Ever since -- I don't know, sir. I assume 16 since the AMTRAK started. I don't know. 17 Q Was it in effect in 1989? 18 A Yes, sir. 19 C4 And how about 1990? 20 A Yes, sir. 21 Q And there is another limitation for 22 mater3Lal that is being shipped, isn't there, express stop? it 23 can only exceed seventy-five pounds in some stations and a 24 hundrea pounds in other stations, is that correct? 25 A Yes, Sir. CRANE-SNEAD & ASSOC.. Inc. Fortune - Direct 12 1 0 Have you ever received any complaints 2 about materials in excess of the designated limits stipulated 3 at particuiar points-, 4 A Yes. sir. 5 Q Did you get such complaints before April 6 O+ 1990-@ 7 A Yes. sir. 8 Q What do you do when you get complaints 9 like that? 10 A The thing I do, I go to the passenger 11 service people and request them to investigate it at the 12 e)zpress.. and why it's don. But I let the passenger service 13 take care of it. 14 Q Do you refer to the stations that handle is only express materiai as being express stops, or something 16 like that-: 17 A I don@t know what the express stations 18 ar. That's passenger service's responsibility. I know how 19 much express and checked baggage weightwise is. 20 CA Do you, in your duties, cover the 21 operation oi the baggage c:ars., 22 A Yes, sir. 23 Q Are there any weight limitations on 24 (naterials that can be shipped, other than the seventy-+ive 25 pounas -ior chected baggage and the various express weight CRANE-SNEAD & ASSOC., Inc. Fortune - Direct IZ% 1 limits-: 2 A No. The only thing I know of is seventy- 3 +ive pounds for the checked and a hundred pounds for the 4 express. 5 0 Sometimes. there are materials that weigh 6 more than tnose amounts, that are shipped? 7 i-) i don7t vnow, sir. I know when the a conductor comes and tells me about it, but other than that, I 9 don7t know. Express bags, I don@t know. 10 0 Are there any limitations on the weights 11 that conductors are supposed to lift@ 12 A Seventy-five pounds, or as much as they 13 feel they can li+t. I mean. checked baggage is seventy-five 14 pouncis. Okay-, Limitations depend on a person7s abil3.ty to 15 ii-ft. If he can@t li+t anything, he is supposed to get help. 16 0 In 1989 or 1990, were there any specific 17 rules stating there was a seventy-five-pound maximum weight, 18 that you are aware o+--, 19 A No. 20 0 How about for carry-on baggage, is there 21 any weight iimitation there? 22 A No.. sir. 23 Q Has there ever been one? 24 A Not that I am aware of. 25 Q Have you ever had any complaints o+ your CRANE-SNEAD & ASSOC., Inc. Fortune - Direct 14 1 employees regarding eycessively heavy carry-on baggage? 2 A Yes, sir. 3 Q Did you have such complaints before August 4 o+ 19897, 5 A I have gotten complaints; I don7t know if 6 tney werl- be+or-e or after. But when I was in Miami, I have 7 had complaints. So yes. the answer is yes. 8 0 And what was your response? 9 A I told them to get assistance, if they 10 haci asslstance ther. or male the passenger carry the 11 carry-on. 12 u Are there any rules regarding the uniform 13 requ3Lrement5 for vour employees? 14 A Yes, sir. 15 Q Tell me what they ar. 16 A They are supposed to have a blue shirt, 17 tie, blue pair of pants, black shoes, and AMTRAK hat. is 0 What are they supposed to do if their le uniforms get airty-, 20 A They are supposed to have a spare uniform 21 with them. I mean, they go on a trip. 22 a Are they permitted to remain in a dirty 23 Ltn if orm" 24 A If it gets dirty en route, they have no 25 choice in the matter but to go on. and I don't take any CRANE-SNEAD & ASSOC.. Inc. FortLtne - I)irect 15 1 exception to it. But cominq an duty, they need to be neat and 2 ciean. 3 Q Have vou ever had any complaints from your 4 employees about handling company material that is being 5 shipped in the baggage cars. that it is excessively heavy? 6 A Yes, sir. 7 u When did vou have complaints about that? 8 A Mostiy my complaints were down in the 9 Miami area. the crews coming out of Miami station. 10 Have you ever had them since you became a 11 TM I? 12 No. 13 What did you do with those complaints 14 about company material being too heavy? 15 A I addressed it to the appropriate peopie 16 at material control. I tola them what the weight limits wer. 17 0 What were the weight limits? 18 A Well, the express is a hundred pounds and 19 the checked is -- it is eypress we are dealing with, company 20 fnaterials, a hun(ireci pounds. 21 CA So company materials should con-form to 22 tnose weight limits--, 23 A Yes. 24 25 MR. HAJEK-. That is all I hav. Thank CRANE-SNEAD & ASSOC., Inc. Fortune Direct 16 1 you, Mr. Fortun. 2 MR. HAIRSTON: Mr. Fortun.. at this point, 3 you can either ask to read and sign your deposition, 4 once it has been prepared. or you can waive the 5 reading and silgning o+ the deposition. I would 6 recommend that you waive it. You have to indicate 7 to the c:our-t reporter your pr-eferenr-. a THE WITNESS: I will waive the signing 9 of the deposition. 10 11 NfiTE- With the consent of the witness 12 and by agreement oi counsel for the respective 13 parties, the reading and signing of this 14 deposition by the witness is hereby waived. 15 16 And iurther this deponent saith not. 17 SIGNATURE wAlVED BY AGREEMENT OF COUNSEL AND THE WITNESS. 18 19 20 21 22 23 24 25 CRANE-SNEAD & ASSOC.. Inc. 17 STATE OF VIRGINIA, 2 CITY OF PlaintiffMOND. To-wit: 3 1. D. McGuire, a Notary Public for the 4 State of Virginia at Larg. clo hereby certi+y that the 5 deposition o+ THOMAS FORTUNE was duly taken and sworn to be-for4 6 me at the time, plac. and ior the purpose hereinbe+ore set 7 forth. a I further certify that the signature of 9 the witness to this (Jeposition has been waived by agreement of 10 counsel an(J the witness. 11 I further certify that the deposition was 12 recorded and transcribed to the best of my ability, and that 13 there were no exhibits marked during the taking hereof. 14 Given under my hand this the 15 day o+ September, 1991. 18 17 18 D. Mc6uire - RPR - Notary Public 19 for the State o+ Virginia at Large 20 21 My Comm3.ssion Expires- 22 November 25, 1991. 23 24 25 CRANE-SNEAD & ASSOC., Inc.