1 VIRGINIA: 2 IN THE CIRCUIT COURT OF THE CITY OF NORFOLK 3 4 5 JOSEPH WILSON, 6 Plaintiff, AT LAW NO. 7 V. L90-12 8 NORFOLK & WESTERN RAILWAY 9 COMPANY, 10 Defendant. 11 12 EXCERPT OF 13 (Testimony of a D. Gills@ 14 Norfolk, Virginia 15 AUgUSt 24, 1992 16 17 Before: 18 THE HONORABLE ALFRED W. WHITEHURST, JUDGE 19 and a JURY 2 0 21 22 TAYLOE ASSOCIATES, INC. 23 Registered Professional Reporters 24 Telephone: (804) 461-1984 25 Norfolk, Virginia 2 1 Appearances: 2 3 WILSON & . 4 By-. . W. WILSON, ESQUIRE 5 FRANK D. LAWRENCE, III, ESQUIRE 6 Counsel for the Plaintiff 7 8 WILLIAMS, KELLY & GREER 9 By: M. WAYNE RINGER, ESQUIRE 10 JOHN Y. RICHARDSON, JR., ESQUIRE 11 Counsel for the Defendant 12 13 14 15 16 17 is 19 2 0 21 2 2 2 3 2 4 2 5 TAYLOE ASSOCIATES, INC. 3 I N D E X 2 WITNESSES 3 4 ON BEHALF OF THE PLAINTIFF: Direct Cross Red, Rec, s S. D. Gills 4 3 4 4 5 4 6 6 7 8 9 EXHIBITS 10 ON BEHALF OF THE PLAINTIFF: In Evid, 11 P-1 Photograph 8 12 P-2 Photograph 8 13 P-3 Photograph 8 14 P-4 Drawing 8 15 P-5 Diagram 17 16 P-6 Safety Rules Book 18 17 P-7 Operating Rules Book 18 18 P-8 Photograph 19 19 P-9 Photograph 19 20 P-10 Photograph 20 21 P-11 Photograph 21 22 P-12 Photograph 22 23 P-13 Photograph 23 2 4 2 5 TAYLOE ASSOCIATES, INC. 4 2 3 MR. WILSON: The plaintiff calls Steven 4 Gills, Your Honor. 5 6 STEVEN D. GILLS, called as a witness by 7 and on behalf of the Plaintiff, having been first 8 duly sworn, was examined and testified as follows: 9 10 DIRECT EXAMINATION 11 BY MR. WILSON: 12 Q. Mr. Gills, you have already been sworn. 13 Why don't you give your name and address to the jury 14 if you will, please. 15 A. My name is Steven D. Gills. 1609 16 McDuffy Court, Virginia Beach. 17 Q. The other thing I will ask you to do, 18 when someone asks you a question I know you have a 19 tendency of looking back at that person and 20 answering, but this is for the jury so if you would 21 direct your answer to them I would appreciate it very 22 much. 23 Who is your employer? 24 A. Norfolk Southern Railroad. 25 Q. How many years have you worked for them? TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 5 1 A. I have been there since 1980. 2 Q. What department have you worked in? 3 A. The car department. 4 Q. Where is the car department eBBentially 5 located? 6 A. Located at 38th Street LambertB Point, 7 Norfolk, Virginia. 8 Q. We have a couple of photographb. If you 9 could would you step down and maybe we can get the 10 jury oriented as to where your work generally is with 11 the Judge's permission. 12 THE COURT: All right. 13 BY MR. WILSON: 14 Q. Could you point out for the ladies and 15 gentlemen of the jury where the Lamberts Point 16 facility is located. 17 A. This is the car department, this area 18 right here. 19 Q. I will point to some buildings up in the 20 upper lefthand corner. Can you tell UB what those 21 are. 22 A. Let me see. 23 Q. This is looking from the water back 24 toward Norfolk. 25 A. Okay. This is where I work. This is TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 6 1 38th Street car department right here. 2 Q. How many buildings are located there? 3 A. There is three. This is the air 4 building, this is the repair building and this is the 5 repack building. 6 Q. Is there a supervisorb headquarters in 7 that area? 8 A. Yes. We have a supervisor at each 9 building and they do have a booth here and they have 10 like a little stand inside the building there. 11 Q. Do they have any offices at that 12 location? 13 A. No more than jUBt like an oversized 14 telephone office. 15 Q. Primarily what is the job of the people 16 who work in these buildings? 17 A. Well, we have different jobb. In thib 18 building which we worked at the time which is the 19 repack building, this is also where the side patch 20 line is located and you have cars being shipped 21 there. You have cars being repacked with oil pads. 22 Q. Are thebe cars empty or loaded? 23 A. They are empty. 24 Q. Let me show you another picture and ask 25 if you can identify what is shown in that. Tell them TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 7 1 what is shown in that photograph. 2 A. What is shown here is the end of a 3 hopper car and also looks like it is on the side 4 patch line, 196 line. This is the line where we 5 apply the side patches on the lower part of the car. 6 Q. Are those the type of care that 7 generally come through that building? 8 A. Yes, it is. 9 Q. I want to show you -- are they 10 essentially all the same? 11 A. Yes, they are. 12 Q. If I could show you the next drawing and 13 ask that you identify what is shown in that to the 14 ladies and gentlemen of the jury. 15 A. Okay. This is also on one spot and 196 16 line and this is the side of the car and this is the 17 patches that we apply. 18 Q. What are these silver items on the car? 19 A. Those are the collars. They fasten onto 20 a huck bolt. They have been screwed. 21 Q. How do you put those on? 22 A. You stick the bolt through the hole. 23 You apply the collar and you have a hydraulic gun 24 that squeezes it tight. 25 Q. Okay. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 8 1 MR. WILSON: Your Honor, if I could have 2 these marked 1, 2 and 3 Plaintiff's exhibits. If you 3 will please take your seat. 4 (Photographs referred to were admitted 5 into evidence.) 6 MR. RINGER: No objection. 7 THE COURT: All right. We will start 8 with P-1. 9 BY MR. WILSON: 10 Q. Can you identify what is shown in that, 11 Mr. Gills? 12 A. It is a hopper car for coal. 13 Q. It is generally empty when you work on 14 it? 15 A. Yes. 16 MR. WILSON: P-4, Your Honor. 17 (Exhibit referred to was admitted into 18 evidence.) 19 BY MR. WILSON: 20 Q. In the years that you worked at the 21 railway company would you say that most of your time 22 was generally Bpent in that Lamberts Point area? 23 A. Yes, Bir. 24 Q. Was there any particular building that 25 you worked in more than you worked in another TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 9 1 building? 2 A. I would say the repack building where 3 the side patch line is located. 4 Q. That would be the first building that 5 you come to from the pier? 6 A. From the picture, yes. 7 Q. Did you have the ability and the 8 seniority as a car man to move from one building to 9 another job? 10 A. Not necessarily. You know, if I was 11 lucky which I was at that time to bid on that job and 12 got that job. 13 Q. So your job position is determined by 14 your seniority rank on the seniority list? 15 A. Yes. 16 Q. How many men were there on that 17 seniority list? 18 A. I guess about two hundred. I guess 19 about two hundred. If you wasn't apprenticed you had 20 seniority to move. If you were an apprentice they 21 switch you ever so often. 22 Q. If there was a need to notify all two 23 hundred of the men of something like a job being 24 opened or a rules change or something like that, how 25 was that done? TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 10 1 A. Primarily the company would, you know, 2 issue a bulletin or it would be put out by the 3 supervisors in the safety meeting. 4 Q. Was there ever a time that Bomeone, a 5 supervisor, went around to all two hundred of the men 6 individually to tell them of some change in the rule 7 or that some rule had been put into effect that you 8 know of? 9 A. No, that didn't happen, nothing like 10 that. 11 Q' Do a sa ty rul@appl@ to@ll 12 the c men t wo rk Norfolk Western? 13 A. @S, the d 14 Q. 15 A. 16 Q. I sho pl f b and w ou a cou 0 O" 17 If you -- I wil roceed on ile t y 18 lookin I will com back to t. 19 Were you working on the side patch line 20 on January 20, 1987? 21 A. Yes, I was. 22 Q. What position were you working? 23 A. We called it one spot which is the last 24 spot before the car leaves that building. I was at 25 one spot. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 1 Q. If you could turn and help me some. if 2 I was looking overhead at the number one spot inside 3 the building and this is the overhead view of a 4 hopper car looking down on it, it has little things 5 on the side of it everywhere, where would you be 6 working on that day? 7 A. On the bottom side which is the south 8 side. 9 Q. This side? 10 A. South side of the car, yes. 11 Q. What would your job be, Mr. Gills? 12 A. My job is to fasten those bolts, those 13 collars onto the huck and secure the patch to the 14 car. is Q. Who else was working with you on that 16 day? 17 A. Mr. Wilson. 18 Q. Mr. Joseph Wilson? 19 A. Yes. 20 Q. Who else was working at that BpOt? 21 A. We had a total of six men, two on each 22 side and two inbide the car. 23 Q. This is the outside of the building like 2 4 this? 25 A. Yes. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 12 1 Q. The opening is right here? 2 A. That's correct. 3 Q. Who were the two men working on the 4 other side? Do you recall? 5 A. If I am not mistaken I believe it was 6 Johnny Maurice and Jack Zollars I believe. 7 Q. Do you have any idea which position they 8 would be in? 9 A. John Maurice would be doing the same job 10 I would do. Jack ZollarB would apply the patch. 11 Q. That is Z-o-1-1-a-r-s? 12 A. Yes. 13 Q. Were there any men assigned to work 14 above the car, stationed above the car? 15 A. Above meaning the side? 16 Q. Yes. 17 A. There was two men, one for each side. 18 Andrew Gills. He was working that side. 19 Q. Is he kin to you? 20 A. He is my brother. 21 Q. Who was working this side? 22 A. Greg Sherrill. 23 Q. So when you pulled the car up there you 24 actually had six men that worked on it? 25 A. That's correct. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 13 1 Q. Now, you say the two men working inside, 2 Andrew Gills and Greg Sherrill, how would they get 3 into that car? 4 A. we had a stationary catwalk located on 5 that end of the car up in the ceiling. Those guys 6 would get inside the car with a fold-down ladder. 7 0- When they used that fold-down ladder to 8 get inside the car, where would it let them out in 9 the car? 10 A. I guess you can say the west end, this 11 end of the hopper car. 12 Q. This is where the ladder came down? 13 A. Yes, sir. 14 Q. Now, if those men -- I will write ladder 15 on that. Put an "L" there. 16 Have you ever worked inside there 17 before? 18 A. Yes, I have. 19 Q. When you came down this ladder from up 20 above -- I don't know how many feet above. We will 21 look at some pictures in just a minute. What type 22 surface would you have to walk over to get to this 23 end of the car? 24 A. Well, what you have inside the car is 25 you have hog backs and you also have say A-frame TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 14 1 slope Bheets. We have three A-frame slope sheets and 2 you have three -- you have two A-frame slope sheets 3 with also the two ends and you have three hog backs 4 which makes like three H's out of the car. 5 Q. What is the surface made of? 6 A. Metal. 7 Q. I am going to show you a diagram and 8 hopefully the jury can see it without having to get 9 you out of your seat. Show me the area you are 10 talking about the hog backs. 11 A. These are three hog backs. This slope 12 sheet here and this slope sheet here creates an 13 A-frame. The hog backs connect to this slope sheet 14 and to the end of the car which is a real long slope 15 sheet. Same thing on this end. A real long slope 16 sheet from the top of the car. 17 Q. Let's look at the middle diagram. Let's 18 say the AN matches up with the ladder end. Would you 19 show the ladies and gentlemen of the jury with a 20 pen -- would you draw an "LI' for me where that ladder 21 would let you out of the car. 22 A. The ladder is stationary like thib until 23 the guys are ready. Once you releabe it comes down 24 like so. 25 Q. Put an "LI' where the last step is for TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 15 1 you to get off. 2 A. About right there. 3 Q. Now, once you dismounted in this area, 4 is this a "VI' of some kind? 5 A. That's a slope sheet. All this connects 6 to the door. This slope sheet stops right here. it 7 comes all the way down here. ThiS BTOPB right here a and you have your door. Close it off. 9 Q. Let'B say that you were working inside 10 the car in January of 1987 and you wanted to get from 11 this end to this end. Show us what -- you would walk 12 on this one or this one? 13 A. Once you come down and get off the 14 ladder you have to really straddle the hog backs. 15 Q. How wide are those? 16 A. Well, it comes up to a peak. This also 17 comes up like to an A. 18 Q. Like the top of a triangle? 19 A. You have to walk on this. Like this is 20 a slope sheet. This is also an "All which is a little 21 higher than the top of the hog back. You have to 22 balance yourself on the hog back, on the slope Bheet, 23 to get to the end of the car. 24 Q. Was there anything in the years that you 25 worked there that -- was there anything in those cars TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 16 1 for you to hold on to or any type of foot grips or 2 ladders that would help you to get from this end to 3 this end? 4 A. Nothing that was made. Only the crobs 5 braces that was already stationary in the car. 6 Q. Did they help your footing? What did 7 they do? 8 A. No. You really didn't have any help 9 with your footing. The cross brace comes from one 10 side to the floor. If you get to it you grab it. 11 Q. This ladder, that is on the outside of 12 the car? 13 A. Yes. 14 Q. You could climb up into the car and use 15 that ladder if you wanted to do it that way? 16 A. YeB, sir. 17 MR. RICHARDSON: I will object to the 18 leading. 19 THE COURT: All right. 20 MR. RICHARDSON: He has answered it. 21 THE COURT: Direct his attention to a 22 subject matter without giving the answer. 23 MR. WILSON: Okay, Your Honor. 24 Would you please mark this, Your Honor, 25 as Plaintiff's 5. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 17 1 (Document referred to was received into 2 evidence.) 3 BY MR. WILSON: 4 Q. I just asked you a question about a 5 ladder. First, I want to go back to those books. Do 6 you recognize this as being the book of operating 7 rules and Bafety rules that went into effect on the 8 Norfolk Southern Railway Company back in 1987? 9 A. Yes. 4A . @ t Dlb r@ C-6)P Q-v- P@ @ Q. Now, do you have to be familiar with 11 these rules as part of your employment with the 12 railway company? 13 A. Not as far as being tested on it, but 14 each one iS ibsued a book. 15 Q. Are YOU BUpposed to look through it? 16 A. Just have some general knowledge of the 17 rules so you can perform your job safely. 18 Q. Was there any rule that the Norfolk 19 Western Railway Company had issued that prohibited a 20 man from climbing up this ladder and going into the 21 car down the slope sheet that you know of in this 22 case? 23 A. No, there is no rule. 24 MR. WILSON: Your Honor, I would like to 25 offer these books as 6 and 7, the safety rule book TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 18 1 and operating rule book. Safety book is 6 and 2 operating rule book iS 7. 3 THE COURT: All right. 4 (Documents referred to were admitted 5 into evidence.) 6 THE COURT: I will mark the first page 7 of the book. 8 BY MR. WILSON: 9 Q. You had mentioned earlier there were 10 bulletins that could be posted about rule changes or 11 notices. Was there any writing in any other form 12 that you know of that prohibited an employee from 13 using this outside ladder on the car to access and go 14 on the inside? -S 1 j3 15 A. No. There was no rule or no bulletin 16 that I knew of that was posted regarding that. 17 Q- Let me show you a couple of pictures and 18 once we get all these in we can talk a little bit 19 about them. Do you recognize what is shown in that? 20 A. Yes. 21 Q. Tell them what that is if you will, 22 please. 23 A. That is the picture of the scaffold that 24 is located at the end of the car and the ladder is in 25 its upright position. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 19 1 This is the ladder that would let you 2 d@own where you have talked about? 3 A. That is correct. 4 MR. WILSON: Your Honor -- 5 THE WITNESS: That is a ladder that is 6 in its position to go down inside the car. That is 7 the rail. The ladder is in its position to be used 8 to get inside the car. 9 MR. WILSON: All right. P-9, Your 10 Honor. 11 THE COURT: All right. P-9. 12 (Document referred to was admitted into 13 evidence.) 14 BY MR. WILSON: 15 Q. Do you recognize this? 16 A. Yes. 17 Q. Tell the jury what that is. 18 A. That also is a picture of the scaffold 19 up top. That square hole is the hole in which the 20 men would go down and get on the ladder and get 21 inside the car. 22 Q- If you were overhead? 23 A. Yes. 24 MR. WILSON: I think we have one more, 25 Your Honor. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 2 0 1 THE COURT: This is P-10. 2 (Document referred to was admitted into 3 evidence.) 4 MR. WILSON: I may as well put all of 5 them in while I am doing it and then we can use it 6 with the other witnesses. 7 BY MR. WILSON: 8 Q. I will let you see it. Do you recognize 9 what that shows? You haven't seen these before 10 today, have you? 11 A. No, I haven't. I guess I know what it 12 is. 13 Q. If you do that is fine. Do you 14 recognize what is shown in it? 15 A. It's a side patch line just showing the 16 hopper car. I can't make out what is on the right. 17 Q. Why don't we save that one then. is A. Okay. 19 Q. Do you recognize what is shown in that 2 0 one? 21 A. Yes. 22 Q. Would you tell the ladieb and gentlemen 23 of the jury what that is. 24 A. That is one section of the car where the 25 Blope sheet comes down and that is the door. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 21 1 Q. What is this portion at the bottom, this 2 piece right here? 3 A. That is the end of the door bar and that 4 is the lock and locks the door to the slope sheet. 5 MR. WILSON: Mark that as P-11. 6 THE COURT: P-11. 7 (Document referred to was admitted into 8 evidence.) 9 BY MR. WILSON: 10 Q. Can you tell me what is shown in this 11 photograph, please. 12 A. Yes. 13 Q. Tell the ladies and gentlemen what this 14 is, please. 15 A. Okay. That is something that we are now 16 doing. 17 Q. I'm sorry. Was this being done back in is January? 19 A. No, sir. 20 Q. What is shown by this? What iB that? 21 Do you know? 22 A. Yes. 23 Q. Tell them what this is, please. 24 A. That is the tool for fastening called 25 the huck gun. That's the gun that fastens the collar TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 2 2 1 to the huck bolt. 2 Q. Where did you use this? 3 A. On the side. 4 Q. What did it do? 5 A. Secured the patch to the car fastening 6 the collar onto the huck bolt squeezing it. 7 MR. WILSON: That will be 12, Your 8 Honor. 9 THE COURT: That will be P-12. 10 (Document referred to was admitted into 11 evidence.) 12 BY MR. WILSON: 13 Q. Do you recognize that? 14 A. Yes, sir. 15 Q. Help the jury with this one, please. 16 A. Now, that is the south side of number 17 one spot and you can see a man but he is fastening 18 the patches on, using the huck gun fastening the 19 patches onto the car. 20 Q. How would you classify the work that you 21 do with the huck gun patch line as light, medium or 22 heavy? 23 A. It is heavy. 24 THE COURT: This is P-13. 25 (Document referred to was admitted into TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 2 3 1 evidence.) 2 BY MR. WILSON: 3 Q. We have talked about one way to enter 4 the car. That was through the ladder that you showed 5 us where you come out. Were there any other ways to 6 enter the car back in January, 1987 that you are 7 aware of? 8 A. It was three ways you could enter the 9 car. Either by the scaffold and ladder we talked 10 about, going underneath the door, or climbing the 11 outside ladder. 12 Q. If you wanted to go into a car from 13 underneath, were you able to do that from the erect 14 position Btanding up? 15 A. No. 16 Q. Describe for the ladies and gentlemen of 17 the jury how you would get into a car through the 18 door that has been marked as if you will, 19 please. You can tell them and they can look at the 20 picture. 21 A. In that position right there you have to 22 get on your hands and knees and just squeeze between 23 that piece on the left and the car itself, the piece 24 on the right. You either do that on your own or get 25 someone to pull the door open for you and make it TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 2 4 1 easier for you to get inside the car. You have to 2 get on the ground and get in. 3 Q. What was the floor made of in that shop? 4 A. I believe it was concrete at the time. 5 Q. Now, if you went into a door -- this is 6 using diagram P-5 -- if you went into one of these 7 doors where would I come out in the car? 8 A. You would be right up in this pocket 9 here which creates the A-frame. 10 Q. If I went into that door? 11 A. Right. You would be standing up right 12 here inside this pocket on the floor. 13 Q. If I went into this pocket, the same 14 thing? 15 A. Yes. 16 Q. Now, we have talked about different 17 slopes in the car. Are you aware of what the end 18 slope of this car is called? 19 A. The slope sheet because that is the 20 longest -- longer than the other slope sheets in the 21 car. 22 Q. If I wanted to stick a huck through one 23 of the patches going on the side of the car that was 24 located let's say in this area, and I went in through 25 this pocket, would I have to get on the slope sheet TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 25 1 to stick that huck? 2 A. Yes, you would unless you were an 3 extremely tall person. 4 Q. And if I went in over the ladder into 5 the car to stick a huck up in this area, would I 6 Btill have to get on the slope sheet? 7 A. You would also be on the slope sheet and 8 have to come down a little ways to get to the slope. 9 Q. So you have told us that you could go 10 over the top and use that ladder and that you would 11 go up through the door, and the other one is go up 12 the ladder I believe you said earlier? 13 A. Yes. 14 Q. Could you tell the ladies and gentlemen 15 of the jury whether or not all or one or two or 16 however many of those practices were used to get into 17 the car on the side patch line in January of 1987? 18 A. All three ways were used on a regular 19 basis, on a daily basis to get inside the car. 20 Q. WaB there ever an occasion that you 21 yourself were on the ground and wanted to get into a 22 car? 23 A. Yes, sir. I have been inside the car 24 all three ways. 25 Q. You have used all three ways? TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 2 6 1 A. Yes. 2 Q. Have you done that in the presence of 3 supervisors? 4 A. Yes, I have. 5 Q. Have you ever climbed up the ladder and 6 into the car in the presence of a supervibor? 7 A. Yes, I have. 8 Q. Before January 20, 1987 had anybody ever 9 reprimanded you or told you not to do it that way? 10 A. No, they haven't. I haven't been 11 reprimanded before. 12 Q. In general when you work on these cars, 13 is the inside surface of these care clean? 14 A. Well, they go through a shaker before is they come to our line. it is primarily it is clean 16 but not totally perfectly clean. The bulk of the 17 coal iB out of the car. 18 Q. Describe what is left in the car. 19 A. Well, you have different like small 20 pockets inside the car. Sometimes you have bad hog 21 backs inside the car and that coal gets trapped. 22 Grit, coal grit, can still be left in the car on the 23 slope Bheet because you have rusted metal. The 24 shaker doesn't shake it all out totally clean. 25 Q. Have you or anyone that you know of made TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 2 7 1 any complaints to the railway company before January 2 20, 1987 concerning this coal being left in the car? 3 A. Yes. we have a daily safety meeting 4 with ideas and complaints and suggestions. We often 5 bring that up because normally we have problems with 6 the shakers. Some cars wasn't even shook before it 7 came to our line. That was brought up and it was 8 talked about. 9 Q. Have you ever personally had a problem? 10 A. Other than just adding to the safety and 11 my two cents' worth in the safety meeting, as far as 12 having the cars as clean as possible to make it as 13 safe as possible. 14 Q. Have you ever slipped on the coal 15 yourself? 16 A. Yes. 17 Q. After it had been brought up at the 18 safety meeting, did the railway company put any 19 device in the cars or give you any type of special 20 footing gear, anything of that nature at all to help 21 you with your footing or handholds inside the hopper 22 cars? 23 A. No, they did not do anything. They 24 didn't do anything, et cetera, or give us other 25 equipment tO UBe. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 2 8 1 Q. Did they issue rules or instructions 2 about how you could or could not enter the cars? 3 A. No, they did not. 4 Q. Now, generally if you had a car pull 5 into the number one spot, Mr. Gills and you had two 6 men above, what was the job that they customarily did 7 at that spot? 8 A. They would go inside the car and stick 9 the huck bolts through the pre-burned holes so we 10 could apply the patches. 11 Q- What would they use to do that? How 12 would they get into the car? 13 A. They would use the catwalk and the 14 ladder that goes down to get inside the car. 15 Q. Was there any other device that could be 16 used at the time to assist them? 17 A. No, not for getting inside the car. 18 They were stationary up top. when the car came in 19 the car was below them. 20 Q. Once they had -- are they sticking? 21 A. Sticking the huck bolts. 22 Q. What are they like? Bolts? 23 A. Yes. 24 Q. What would they then do after sticking 25 the bolts? TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 2 9 1 A. They would just get on back up away and 2 wait for the next car. 3 Q. Once they got back up top were there any 4 times that some of the huck bolts were not Btuck or 5 knocked out or anything of that nature? 6 A. Yes. 7 Q. What would be done then in general? 8 A. Either the GUYB could come back and 9 stick them or me or my partner Mr. Wilson, we would 10 go inside the car and stick them. 11 Q. Was there ever a time that you would 12 just say I'm not going to stick them and let the car 13 go? 14 A. No. That car had to be completed before 15 going out the door. 16 Q. That was your understanding of the work 17 there? 18 A. Yes. 19 Q. Did you have any type of special 20 equipment in your building for doing that job, 21 hucking and sticking bolts and thingb like that? 22 A. No. Other than just carrying a pouch. 23 If you didn't carry a pouch for the hucks or the 24 collars so you could get one and keep going. 25 Q. All right. Let's get to the day on TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 3 0 1 January 20, 1987. Tell us what happened that day. 2 Where were you located and what you know about 3 leading up to Mr. Wilson's ln]'ury. 4 A. Me and Mr. Wilson was working the south 5 side on number one spot. we had a guy inside the car 6 sticking for us. The same thing on the other side. 7 We was doing our job. 8 Q. Did there come a time when Mr. Wilson 9 went into the car? 10 A. Yes. 11 Q. Tell us what you know, please. 12 A. At some point in time during that day 13 one of the cars -- we had got to the end of one of 14 the patches and Mr. wilson's job was to hold the 15 patch while the other guy stuck and I would come 16 behind him and fasten the collar on to the door. We 17 would move right down the car. A lot of times you is get bad hucks, bad bolts, and we have to go back and 19 burn the huck out and it has to be restuck. That 20 takes some time. A lot of times the guy -- 21 MR. RICHARDSON: Your Honor, I don't 22 mind this man describing the general process, but I 23 would like the record to reflect whether he was 24 telling us what went on that day or not, whether he 25 was testifying that he is telling the jury exactly TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 31 1 what happened on January 20. 2 THE COURT: All right. Describe what 3 took place. 4 MR. WILSON: That is what I hope he was 5 trying to do. 6 BY MR. WILSON: 7 Q. Stick to exactly what happened on that 8 day. 9 A. On that day we had applied the patches 10 to the car. Mr. Wilson had to go back and burn some 11 holes out. After he burned the holes out Mr. Wilson 12 went inside the car and attempted inside the car to 13 stick the hole so that I could huck it. 14 Q. Who was present when Mr. Wilson 15 attempted to go inside the car? 16 A. All six men including the supervisor. 17 Q. Who was the supervisor? 18 A. Mr. Sam Hagy. 19 Q. As Mr. Wilson started up the ladder of 20 the car to go inside the car, did Mr. Hagy issue any 21 instruction for him not to do that? 22 A. No, he did not. 23 Q. Did anyone make any offer to hold the 24 door open in case he wanted to go the other way? 25 A. No, they did not. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 3 2 1 Q. After Mr. Wilson went over the top of 2 the car, what happened? 3 A. Me and Mr. Sam Hagy was outside the car 4 when Mr. Wilson went up the ladder to go inside the 5 car to stick the huck. In the process of him going 6 over the top rail going inside the car his helmet 7 fell to the ground. All we could hear was some noise 8 in there. At the period of time he emerged at the 9 door we looked underneath the door and asked was he 10 okay. Eventually he came out of the car after he 11 stuck the huck. 12 Q. Did he have any complaints about his 13 physical condition at that time? 14 A. YeB. He said he fell inside the car. 15 Q- Did he continue to work that day? 16 A. Yes, he did. 17 Q. Do you know whether or not he received 18 medical treatment that day? 19 A. I think he ended up going to the doctor 20 about half an hour, hour later. He tried to continue 21 to work. 22 MR. RICHARDSON: Again he was thinking 23 about what went on. If he can respond to the 24 questions with his own personal knowledge that is the 25 only testimony he can give. TAYLOE ASSOCIATES, INC. S. D. Gills - Direct 3 3 1 THE COURT: Yes. The witness must 2 respond within your knowledge. 3 THE WITNESS: My knowledge is that he 4 did go to the doctor that day. 5 MR. RICHARDSON: How would he know 6 unless he took the gentleman? I'm not Baying he 7 didn't go to the doctor or did but this gentleman 8 doesn't know that. 9 MR. WILSON: Well, if he left and it was 10 somebody taking him to the hospital I guess he might 11 know that, Your Honor. 12 THE COURT: Again I will let him relate 13 what he knows when he left and so forth. 14 THE WITNESS: After Mr. Wilson left -- 15 MR. RICHARDSON: There is not a question 16 right now. 17 THE COURT: It is not clear when he 18 left. I will let him state whether he left. 19 BY MR. WILSON: 20 Q. Did he leave that day? 21 A. Yes, sir, he left the work site about 22 half an hour or so. 23 MR. WILSON: That is all the questions I 24 have. Thank you, sir. 25 TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 3 4 1 CROSS-EXAMINATION 2 BY MR. RICHARDSON: 3 Q. Do you recall meeting me and I came and 4 asked you what you knew about this accident? 5 A. If that was you, I remember that. 6 Q. Do you remember telling me you were not 7 there when Mr. Wilson fell in the car? 8 A. I don't remember telling you that. 9 Q. Might you have told me that? 10 A. I did not tell you that I wasn't there. 11 Q. I am talking about being around where 12 Mr. Wilson fell. Didn't you tell me you had gone to 13 the restroom and weren't even there when Mr. Wilson 14 attempted to get in the car? 15 A. I had went to the bathroom, but when I 16 came back Mr. Wilson WaB attempting to go inside the 17 car. 18 Q. So if you tried to infer to the jury you 19 had been around when this process went on with Mr. 20 Wilson climbing the car and trying to get in, you 21 were not there, were you? 22 A. Yes, I was there. 23 Q. How long? 24 A. After I came back from the bathroom. 25 Mr. Wilson had not gone inside the car before I had TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 3 5 1 gotten back. 2 Q. Where was he? 3 A. He who? 4 Q. Mr. Wilson. 5 A. He was outside the car. 6 Q. So you were there? 7 A. Right. 8 Q. Despite telling me you were not there 9 when this gentleman was injured? 10 MR. WILSON: The witness has testified 11 he didn't tell him. That is Mr. Richardson's 12 statement. 13 MR. RICHARDSON: I am entitled to 14 cross-examine, Your Honor. is THE COURT: I will let you ask him what 16 he said he told you. 17 BY MR. RICHARDSON: 18 Q. Did you tell me you were not there? 19 A. I can't remember telling you that, eir. 20 Q. Might you have told me that? 21 A. I can't remember telling you that I 22 wasn't there because I did see his hat fall. 23 Q. You were there when his hat fell, but 24 were you standing by Mr. Hagy as you now testify? 25 A. Yes, I waB. TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 3 6 1 Q. When this gentleman decided to go up 2 into the car? 3 A. Yes. 4 Q. You said Mr. Hagy was standing there? 5 A. Yes. 6 Q. Who was on the inside? 7 A. No one was on the inside. 8 Q. Who was working on the side Mr. Wilson 9 was working on prior to thib accident? 10 A. Mr. Greg Sherrill. 11 Q. Wasn't there some discussion between Mr. 12 Sherrill and Mr. Wilson about the hucks? 13 A. Not that I know of. 14 Q. There wasn't any discussion between Mr. 15 Sherrill? 16 A. Concerning what? 17 Q. About the hucks being pushed back. 18 A. No, not that I recall. 19 Q. Did Mr. Wilson ask Mr. Sherrill to 20 replace the hucks? 21 A. Not that I can remember, no. 22 Q. Well, Mr. GillB, you sat here for about 23 half an hour and remembered a lot of things. I am 24 asking you to remember and think a minute and think 25 back to that day as you did for Mr. Wilson and tell TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 3 7 1 me do you remember was there any conversation between 2 Mr. Sherrill and Mr. Wilson? 3 A. No, there was no conversation that day 4 about hucking the car. As I testified we go inside 5 the car, and me and Mr. Wilson go inside the car. 6 Q. Just respond to my question. 7 A. No, sir. 8 Q. No conversation? 9 A. No conversation. 10 Q. Mr. Gills, you sued the railroad before, 11 haven't you? 12 A. Yes, I did. 13 Q. For ten million dollars? 14 MR. WILSON: Your Honor, this was 15 something we talked about in pretrial. If we want to 16 try that other case -- 17 MR. RICHARDSON: Just make your 18 objection. 19 MR. WILSON: We went over this in 20 pretrial about amounts of suits and things. 21 MR. RICHARDSON: Your Honor, I would be 22 glad to approach the bench. 23 MR. WILSON: I will be glad to try the 24 case if you want to. 25 THE COURT: Members of the jury, step to TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 38 1 your jury room and be at ease for just a few minutes, 2 please. 3 (The jury retired from the courtroom.) 4 MR. WILSON: Your Honor, my objection is 5 based on your pretrial ruling that we were not going 6 to get into amounts of lawsuits because you didn't 7 want to get into having to try each of these lawsuits 8 again. That they could ask anyone if they had a 9 lawsuit against the railway company to show whether 10 or not they might have prejudice. What he is -- why 11 does it matter how much he sued for unless we can get 12 into details of what was wrong with him and 13 everything else? We have to try the whole case. if 14 he sued them that is fine to show bias. I have no 15 objection to him asking about that. We can't mention 16 the amount we are suing for in this suit. 17 MR. RICHARDSON: The only things 18 discussed in pretrial was what we could ask the 19 plaintiff. Certainly we are entitled to inquire as 20 to why this gentleman sued for ten million dollars 21 for environmental disease. Settled for a couple 22 thousand. There was no lost time. I think I am 23 entitled to ask him about that and show bias. 24 Mr. Ringer was at the pretrial hearing. 25 It is my understanding it was not witnesses, their TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 3 9 1 bias, but what we could ask the plaintiff. 2 MR. RINGER: That is right. 3 MR. WILSON: It's the same analogy. 4 There is no absolute difference. They will get up 5 and ask did you sue for ten million dollars because 6 you believed some of the things on the side patch 7 line were causing you concerns. You will hear them a jump up out of their chair. They are trying the suit 9 again. 10 MR. RICHARDSON: I don't see what trying 11 the suit has to do with it. I can ask anybody 12 anything that bears upon their bias. 13 THE COURT: Well, we can go into the 14 situation, true, that in the normal suit there is a is statute that permits the amount to be mentioned in 16 closing argument in a regular tort case. That 17 statute does clearly say the law was derived from 18 several laws that the amount cannot be mentioned. We 19 discussed that and responded to it. 20 Now, this precise issue here, the 21 witness, whether he has bias or not, of course, what 22 is mentioned in going into and trying the case, and 23 to some the extent I remember mentioning words to the 24 effect that sometimes, I suppose most of the time, 25 the lawyer determines about the legal situation and TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 4 0 1 the amount sued for. It seems to me it should not be 2 the lawyer questions, but rather whether he has 3 sued. Yes, that is permibsible. But I think getting 4 into the amount will get into the lawyer situation. 5 It can go back and forth. That is sort of 6 open-ended. 7 MR. RICHARDSON: I will just vouch the 8 record if Your Honor please and note my exception. I 9 don't think the amount sued for -- the fact of it not 10 being mentioned is a different issue. I think my 11 clear position would be that the effect of the suit 12 for ten million dollars and settled for a rather 13 meager amount with no lost time would show he would 14 have reason to be biased against the company. 15 THE COURT: Well, I follow what you are 16 saying. It is not completely analogous in the 17 closing arguments to mention the amount sued for in is the statute I refer to, but I do think it is in a 19 sense part of the total picture because that is 20 unique because it is federal law I know to get to try 21 the case. But bias per se -- but the cabe in 22 particular, no, I suppose is what I am saying in 23 brief. 24 MR. RICHARDSON: I would also add that 25 Mr. Wilson was a party to this case as well. I TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 41 1 believe that would be an additional reason for 2 admitting it. I would say for the Court that I would 3 have asked this gentleman did he not sue for ten 4 million dollars for environmental disease and that it 5 was settled for a couple of thousand dollars and he 6 lost no time. Those would be the questions I assume 7 he would answer in the affirmative. Isn't that 8 true? 9 THE WITNESS: Yes. I don't know exactly 10 what the total amount was being sued for. 11 MR. WILSON: Your Honor, I don't 12 remember suing anybody for ten million dollars. You 13 are representing that to the Court, aren't you? 14 MR. RICHARDSON: I didn't say you. is MR. WILSON: That was the impression I 16 got. 17 MR. LAWRENCE: You said something about 18 Mr. Wilson. 19 MR. WILSON: I am sorry. I 20 misunderstood. I thought he said I was Mr. Gills, 21 lawyer and I Sued the railway company. 22 MR. RICHARDSON: I said an adaitional 23 reason for introducing the evidence would be the 24 plaintiff Mr. Wilson, not the lawyer Mr. Wilson, was 25 a party to that suit. TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 4 2 1 THE COURT: All right. The record is 2 clear on that. You have perfected the record. 1 3 feel I should rule the way I did. I don't know if 4 the doctor has arrived or not. Probably not. Maybe 5 while the jury is out -- 6 MR. RICHARDSON: I will only be a few 7 more minutes. 8 THE COURT: I think we are ready for the 9 jury, sir. 10 (The jury returned to the courtroom.) 11 MR. RICHARDSON: Your Honor, just a few 12 more questions. 13 THE COURT: All right. 14 BY MR. RICHARDSON: 15 Q. Mr. Gills, absuming this is the outside 16 of the building on the number one spot. I know 17 railroad employees have a little different geographic 18 directions than most people. You said you were 19 working south side of the car? 20 A. Yes. 21 Q. Which side would that be, the side you 22 are on? Which direction is thib? 23 A. That is west. 24 Q. And this would be east? 25 A. Railroad west. TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 4 3 1 Q. Tell them what you mean by that. 2 A. West meaning the car is leaving the shop 3 into the coal mines. 4 Q. So although they might technically be 5 going east, in railroad terminology they are going 6 west? 7 A. Yes. 8 Q. You came back after going to the 9 restroom and you said you were standing by Mr. Hagy? 10 A. Yes. 11 Q. where were you standing? 12 A. Right at the corner of that car. 13 Q. Right here? 14 A. On the corner. 15 Q. Right here? 16 A. Right there. 17 Q. Put an "XI' there. 18 A. There was a stove inside the building. 19 Q. And the ladder that Mr. Wilson you said 20 was climbing up, where was the ladder? 21 A. On the end of the car. 22 Q. This end? 23 A. Yes, sir, on the south side on that end. 24 Q. And you and Mr. Hagy were about where 25 that nXn was? TAYLOE ASSOCIATES, INC. S. D. Gills - Cross 44 1 A. Yes. 2 Q. Do you know where Mr. Maurice was? 3 A. No, I don't. He worked the other side. 4 Q. He worked the north side'.? 5 A. Yes. 6 Q. Was Mr. Zollars also presumably on the 7 other side? 8 A. Yes. 9 Q. If Mr. Wilson had asked you to pull the 10 chute open would you? 11 A. Yes, I would have. 12 Q. Did he ask you? 13 A. No, he didn't. 14 Q. You mentioned the fact that there were is no ruleb and no bulletin about climbing over the top? 16 A. That's correct. 17 Q. Do you deny ever being told by the 18 supervisors including Mr. Ivy and Mr. Hagy or anyone 19 else not to go over the top? 20 A. Not before that incident. 21 Q. You deny that? 22 A. I deny that. 23 Q. And you mentioned the fact that you 24 always had to complete the hucking before the car 25 left the number one spot? TAYLOB ASSOCIATES, INC. S- D. Gills - Redirect 4 5 1 A. Yes, that is correct. 2 Q. You never let a car go that had not been 3 completely hucked? 4 A. There could have been a time when the 5 car left without us realizing that there was a huck 6 missing or something. I can't say for sure. 7 Q. During that time period if the car mover 8 was there to take the car out to move the line, would 9 you have climbed in and placed the hucks? 10 A. If the car mover was there? 11 Q. Yes, sir. 12 A. If it was hooked on to the car, no. 13 Q. Because the line would be ready to move? 14 A. Yes. 15 Q. And the hucks would be replaced 16 somewhere else along the line? 17 A. If there was any hucks left for any 18 reason, yes, it would be done in the repair 19 building. 20 MR. RICHARDSON: Thank you, Mr. Gills. 21 THE COURT: All right. 2 2 23 REDIRECT EXAMINATION 24 BY MR. WILSON: 25 Q. Mr. Gills, was the car mover hooked on TAYLOE ASSOCIATES, INC. S. D. Gills - Recross 4 6 1 to the car at the time Joseph Wilson went into the 2 car to stick the hucks? 3 A. No, it wasn't. 4 Q- Are you absolutely certain of your 5 answer that no one orally either told you or as far 6 as you know any of the employees not to go over the 7 side of the car? 8 A. That's correct. No instruction was 9 given up to that point. 10 Q. Did you and your fellow employees do 11 that on a regular basis? 12 A. Yes, we did. 13 MR. WILSON: That is all I have. Thank 14 you. 15 16 RECROSS-EXAMINATION 17 BY MR. RICHARDSON: 18 Q. On the number one spot you went over 19 there on a regular basis? 20 A. On the number one spot. 21 THE COURT: All right. May this witness 22 be excused? 23 MR. WILSON: As far as the plaintiff is 24 concerned Mr. Gills can be excused. 25 THE COURT: All right. Anything further TAYLOE ASSOCIATES, INC. S. D. Gills - Recross 4 7 1 from this witnesb? 2 MR. RICHARDSON: He can be excused as 3 far as we are concerned. 4 THE COURT: All right. You may be 5 excused, eir. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 21 2 2 2 3 2 4 2 5 TAYLOE ASSOCIATES, INC. 4 8 COURT REPORTER' TE 2 3 I, Angie Sherwood, Court Reporter, 4 certify that I recorded verbatim by Stenotype the 5 proceedings in the captioned cause before the 6 Honorable Alfred W. Whitehurst, Judge of said Court, 7 Norfolk, Virginia, on August 24, 1992. 8 I further certify that to the beat of my 9 knowledge and belief the foregoing transcript 10 constitutes a true and correct transcript of the said 11 proceedings. 12 Given under my hand this day of 13 r4 1992, at Norfolk, Virginia. 14 15 16 17 Angie Sh@rwood is 19 2 0 21 2 2 2 3 2 4 2 5 TAYLOE ASSOCIATES, INC.