VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF ROANOKE 2 3 JOHN R. SEXTON, JR., 4 Plaintiff, 5 6 vs. AT LAW NO. CL91000469 7 NORFOLK & WESTERN RAILWAY COMPANY, 8 Defendant. 9 10 11 Conference Room, 12 N & W Pocahontas DiviBion Building, 13 800 Princeton Avenue, Bluefield, West Virginia 24701, 14 Wednesday, June 10, 1992. 15 16 17 The deposition of JOHN GOAD, taken by the Plaintiff 18 before Amy S. Honaker, CCR, a Notary Public within and for 19 the State of West Virginia at Large, pursuant to agreement 20 of counsel, to be used as discovery and/or evidence at the 21 trial of the above-styled matter, pursuant to the Rules of 22 Civil Procedure, commencing at 12:00 p.m., EDST. 2 3 24 2 5 VOLUME: I ORIGINAL PAGES: 1 - 15 1450 Main Street - Princeton, WV 24740 MMY REPORTING SERVICES (304) 425-5922 A P P E A R A N C E S 2 3 4 . P. ., ESQ., 5 1294 Diamond Springs Road, 6 Post Office Box 5369, 7 Virginia Beach, Virginia 23455, 8 appearing on behalf of 9 the Plaintiff. 10 11 12 13 14 DAVID B. CARSON, ESQ., 15 Southwest Virginia Savings and Loan Building, 16 Second Floor, 2nd Street and Campbell Avenue, S.W., 17 Post Office Box 2200, 18 Roanoke, Virginia 24009, 19 appearing on behalf of 20 the Defendant. 21 22 2 3 2 4 2 5 1450 Main Streel - Princelon, WV 24740 DAIKYREPORTING SERVICES (304) 425-5922 P R 0 C E E D I N G S 2 2 (Witness Sworn) 3 Whereupon, 4 JOHN GOAD 5 was called as a witness and, after having been first dull? 6 sworn by the Notary Public, was examined and testified as 7 follows: 8 DIRECT EXAMINATION 9 BY MR. .: 10 Q Would you please state your full name and your 11 home address? 12 A John Goad, Box 123A, Meador, West Virginia. 13 MR. CARSON: ., before you go - and 14 you might have already gotten it - we stipulated and agreed 15 these are taken pursuant to the Rules of the Supreme Court. 16 BY MR. .: i'l Q And by whom are @,ou employed? 18 James Coal Company, at the present. 19 How long have you been with the James Coal 20 Company? 21 A I have been in Glen Alum, '84. 2 2 Q Since 1984? 23 A At this present Place. 24 Q And where is Glen Alum? 2 5 A Wharncliffe, West Virginia. 1450 Main Street - Princeton, WV 24740 D41SEYREPORTING SERVICES (304) 425-5922 I Q What position have you held with that compan@, 2 since 1984? 3 .3L Foreman and quality control. 4 Q Are they the same position? 5 A No. 6 Q When did you -- 7 A (interrupting) I was a Foreman till about a 8 year ago. Now I'm quality control, now. 9 Q So in January of iggo, You would have been the 10 Foreman of the Glen Alum Mine? 11 A Uh-huh. 12 Q You have to answer Yes or No for the record. 13 A Yes. 14 Q What is done at the Glen Alum Mine? 15 A We load coal on cc)al cars. 16 Q Is any coke produced there? 17 A No. 18 Q If I can, I'm going to hand you a pad and a 19 pen. If You could basically draw the area that you were 20 working at the Glen Alum Mine where the railroad track goes 21 through? 22 A The mine office, right? 2 3 Q Yes, sir. 24 Okay. You have indicated on your diagram a box 2 5 marked "loadout" and a box marked "office", and I assume 1450 Main Street - Princeton, WV 24740 D4[SEYREPORTING SERVICES (304) 425-5922 1 are e tWO locations you just referred to? 2 A Yes, sir. 3 Q What are the two parallel lines drawn between 4 the two boxes? 5 A Railroad track. 6 Q And are there any road crossings in that area? 7 A There's one right in here (indicating). 8 Q You can indicate by that -- by a single line. q A There's a crossing that goes right here 10 (indicating). 11 Q Could you put an "X" on that particular line? 12 And just mark "Road Crossing" below it. 13 And do you know which direction would be east 14 and west on that? 15 A No. 16 Q Which direction does the railroad track come 17 f rom? 18 A This way (indicating). 19 Q Mark an arrow indicating that direction. 20 And on which end does the railroad track end? 21 You have drawn another "X". If you could, just 22 write "End" below that. 23 Q Do you know approximately how far back the 24 railroad track goes from the line office? 25 A Approximately fifty empties. 1450 Main Street - Princeton, WV 24740 D41SEYREPORTING SERVICES (304) 425-5922 I When you refer to an "empty", would that be an 2 empty railroad car? 3 A Yes. 4 Q Do you know how much the distance of an empty 5 railroad car is, or the length of an empty railroad car is? 6 A About sixty feet. 7 Q We can assume around sixty feet. 8 So the track extends approximately - according 9 to your calculations - about three thousand feet back from 10 the mine office to the track? 11 A That's a rough estimate I would say, yes. 12 Q And do you regularly receive empty cars from 13 the railroad to load coal in? 14 A Yes. 15 Q Where are they stored when you receive them? 16 A From here, back. From here at the loadout, 17 back this way (indicating). 18 Q You're indicating from the loadout to the end 19 of the track? 20 A End of the track, yeah. 21 Q And are the cars always completely empty when 22 you receive them? 23 A Most of the time. 24 Q If they are not empty, what is in them? 25 A Sometimes you have gravel in them; coke; sand. 1450 Main Street - Princeton, WV 24740 D4[SEYREPORTING SERVICES (304) 425-5922 1 And what is done with this gravel or coke when 2 You receive the cars? 3 A Knock the doors and clean them out; clean the 4 stuff south. 5 Q Why do you sweep out the cars? 6 A We send the cars out of the hollow. All they 7 want is coal in them, and nothing else. They want them 8 clean. 9 Q And who sweeps out the cars? 10 A The employees. 11 Q And where is the coke and sand and gravel left? 12 A Where it's knocked out, out of the cars. 13 Q Does it go on any particular side of the track? 14 A Most of them, it could be either side. 15 Q And where is that? 16 A And in the middle, too. Because where the 17 cars -- underneath the cars, that's where it falls out. 18 Q Is the coke and gravel and other debris that 19 you sweep out, ever cleaned up? 20 A About every summertime they bring, I guess a 21 pan, they call it; clean the middle of the track out. 22 Q You refer to "they". Who actually does the 2 3 cleaning up? 24 A I guess N & W. 25 Q Does your company ever do it? 1450 Main Street - Princeton, WV 24740 DAISEYREPORTING SERVICES (304) 425-5922 1 A No. 2 Q And how often is it cleaned? 3 A I guess every summer; once a year. 4 Q Before January of '90, did you ever receive any 5 complaints of coke on the walkways beside the track, from 6 anyone? 7 A No. 8 Q Do you recall the last time the walkways were 9 cleaned before January of 1990? 10 A The "walkways"? What do you mean by 11 '.walkways"? 12 Q The walkways alongside the track. Do you 3 13 recall if they were ever cleaned before January of 1990? 14 A We just knock the stuff out. We don't ... 15 Q Do you know John Sexton? 16 A Yes. 17 Q How do you know him? 18 A He's a brakeman on the railroad. 19 Q And how did you come to know him? 20 A He brings cars up the hollow; delivers empties 21 to us. 22 Q Is that the only way that you know him? 2 3 A Yes. 24 Q Do you recall him being injured on January 17th 25 of 1990? 1450 Main Street - Princeton, WV 24740 DAI @@T, /REPORTING SERVICES (304) 425-5922 1 I don't know what date it was. But he said he 2 was injured. I guess in 1990. 3 Q How did You find out about his injury? 4 A He came -- They pushed empties up the hollow at 5 the end of the track, and he came down the hollow and said 6 he hurt his back. 7 Q And do you recall when that was? 8 A I guess in -- late in the evening, I guess. 9 It's been so long ago, I don't remember that. 10 Q And do you recall that being in January of 11 1990? 12 A I couldn't tell you that, either. 13 Q What did he tell N,ou? 14 A He just said he stel)ped on some coke or 15 something and hurt his back. 16 Q Did you go in and inspect the area? 17 A No, I didn't. 18 Q What is coke? 19 A I guess it's burnt coal. I don't know. 20 Q Do you know that, for a fact? 21 A No, air. 22 Q The material that you are referring to as coke, 23 what does it look like? 24 A Like burnt coal. It's ash or cinders. 25 Q And how large are the pieces approximately? 1450 Main Streat - Princeton, WV 24740 D41SEYREPORTING SERVICES (304) 425-5922 1 c 1 A Various sizes. 2 Q How large can they get? 3 A I have seen some up to about six inches; in 4 that area. 5 Q And this is in the area down in the tracks that 6 we're talking about? 7 A Along the track, various places. 8 Q Is coke a safe walking surface? 9 A I don't walk on it. 10 Q Why not? 11 A Because it's not like gravel, it's different 12 sizes. I walk away from the track, so ... I encourage my 13 men to. 14 MR. .: That's all I have, David. 15 Please answer any questions Mr. Carson has. 16 CROSS-EXAMINATION 17 BY MR. CARSON: 18 Q Mr. Goad, my name is David Carson. I represent 19 the railway in the lawsuit brought against it by Mr. 20 Sexton. 21 You have been in or around mines for 22 approximately fifteen years, is that true? 2 3 A Yes, sir. 24 Q And coke, in or around the tracks, is a fact of 25 life at mines. Isn't that true? 1450 Main Street - Princeton, WV 24740 D41SEYREPORTING SERVICES (304) 425-5922 1 A Yes, sir. 2 Q And the area between the tracks at the Glen 3 Alum Mine where apparently Mr. Sexton claims he was 4 injured, that contains ballast for the most part. Isn't 5 that true? 6 A Most places, yeah. 7 Q And the purpose of ballast is to form a track 8 bed for traction and also for drainage purposes, is that 9 right? 10 A That's right. 11 Q If you needed to walk on an area that was -- 12 that had both ballast on it and coke on it, would you 13 prefer to work on the ballast -- to walk on the ballast? 14 A Yes, sir. 15 Q And you can easily discern the difference 16 between coke and ballast, isn't that true? 17 A Yes, sir. Ballast is much more uniform-size; 18 most of it. 19 Q And you're careful when you're walking in and 20 around coke, because it's a fact of life out there? 21 A Sure. 22 Q And in your fifteen-year experience in or 23 around mines, you have never heard of anyone slipping on 24 coke. Is that true? 25 A Not to my knowledge, no, sir. 1450 Main Street - Princeton, WV 24740 DAMYREPORTING SERVICES (304) 425-5922 1 MR. CARSON: I think that's it, .. 2 REDIRECT EXAMINATION 3 BY MR. .: 4 Q Are you aware of any source of coke, other than 5 the empty railroad cars that come into your mine? 6 A No, sir. 7 MR. .: That's all I have. Thank you. 8 MR. CARSON: I think that's all I have. 9 Let me check with Mr. Gouge just one second. 10 (Pause) 11 I don't have any questions. Thank you, 4 12 sir. 13 MR. .: He waives. 14 Okay, I'll make that -- 15 MR. CARSON: (interrupting) Are you going 16 to make that diagram an Exhibit? 17 MR. .: Yes, I'll make that Exhibit 1. 18 MR. CARSON: Okay. 19 (Whereupon Plaintiff's Deposition 20 Exhibit No. I was marked for identification.) 21 (Witness excused) 22 (Whereupon, at 12:35 p.m., EDST, the foregoing 23 deposition was concluded.) 2 4 2 5 1450 Main Street - Princeton, WV 24740 D41SEYREPORTING SERVICES (304) 425-5922 REPORTER'S CERTIFICATE 2 3 STATE OF WEST VIRGINIA, 4 COUNTY OF MERCER, to-wit: 5 6 I, Amy S. Honaker, a Certified Court Reporter 7 and Notary Public within and for the County and State 8 aforesaid, duly commissioned and qualified, do hereby 9 certify that the foregoing deposition of JOHN GOAD was duly 10 taken by and before me at the time and place and for the 11 purpose specified in the caption thereof, the said witness 12 having been duly sworn by me to testify the whole truth and 13 nothing but the truth concerning the matter in controversy. 14 I do further certify that the said deposition 15 was correctly taken by me by means of Stenotype, that the 16 same was by me accurately transcribed, and that the said 17 transcript is a true record of testimony given by said 18 witness; that the examination, reading and signing of said 19 deposition were waived by the witness and by agreement by 20 and between counsel for the parties pursuant to the taking 21 of said deposition. 22 I further certify that I am not connected by 23 blood or marriage with any of the parties to this action, 24 am not a relative or employee or attorney or counsel of any 25 of the parties, nor am I a relative or employee of such 1450 Main Street - Princelon, WV 24740 D41SEYREPORTING SERVICES (304) 425-5922 1 4 1 attorney or counsel, or financially interested in the 2 action, or interested, directly or indirectly, in the 3 matter in controversy. 4 In witness whereof I have hereunto set my hand 5 this llth day of June, 1992. 6 My commission expires August 22, 2000. 7 8 9 10 1 1 12 13 14 NOTARY PUBLic 15 @S@GS =ER 2M SOLMI,;CoRr NMeer LMISM@ WV "ml 16 %O 17 18 19 S. Honaker, CCR 20 Court Reporter and Notary Public 21 2 2 23 2 4 2 5 1450 Main Street - Princeton, WV 24740 D41SEYREPORTING SERVICES (304) 425-5922 I N D E X 2 3 BY MR. BY MR. 4 WITNESS . CARSON 5 John Goad 3 10 12 6 7 8 9 E X H I B I T S 10 GOAD'S FOR IDENTIFICATION IN EVIDENCE 11 12 No. 1 12 13 14 15 16 17 18 19 20 Reporter's Certificate Page 13 21 2 2 2 3 2 4 2 5 1450 Main Street - Princeton, WV 24740 D41SEYREPORTING SERVICES (304) 425-5922 i @ @ A Iz @@ ok to 46 LI v @ %I ra @ f, 0 t @l I><