December 08, 2003

Lucid Intervals

I just returned from a deposition. I have decided, after only four years of practicing law, that I need to write a book about my deposition experiences. If something weird is going to happen at a deposition, I will be in attendance.

Don't believe me? I have been to a deposition where the plaintiff tried to take his clothes off while I was questioning him (his attorney stopped him, thankfully), a deposition where a man pulled up his pants to show us the duct tape he had applied to his legs (purportedly "to hold the skin together"), several depositions where attorneys have almost gotten into fist fights and a deposition where the plaintiff was too stoned to testify.

And the hits just keep on coming.My deposition this morning was of Mr. X, a plaintiff in a large lawsuit filed in New Orleans. Mr. X filed his case a long time ago, and it went to trial in 1996, where he was awarded $3.3 million for his silicosis and asbestosis. The judge ordered a new trial, and now we're all back for round two, only now the plaintiff has lung cancer, occupational asthma, alleged brain damage (that's what happens when you spend too much time with plaintiffs' lawyers -- did I say that?) and he is allegedly suicidal over his asbestosis and silicosis diagnoses (neither of which are fatal). For regular readers of my blog (yes, both of you), this is the case that has an upcoming deposition in Hawaii.

Mr. X showed up today wearing large, gold sunglasses which wrapped around his head. We had the deposition in the conference room of a law firm, and he refused to remove his sunglasses during the deposition. When asked why he didn't want to remove them, he responded that he doesn't like people staring at his eyes. Oooookay. He told us that his lawyer drove him to the deposition this morning, because he no longer drives. When asked why, he stated that he is afraid to drive because he coughs occasionally, and is afraid he might lose control of the car when he coughs.

We have medical records from the past few years which state that he was hospitalized twice: once when he was attacked and beaten in the head with a lead pipe, and once when he was hit by a truck. He doesn't remember either incident. He does remember possibly spending a couple of nights in jail, but he isn't sure why he did that (although he has a suspicion that it might have been because he was arrested).

My two favorite quotes from the deposition?

1) His attorney sent him to Los Angeles last week to be tested by a doctor out there who runs a rediculously crazy set of tests on people. He flew out there, and stayed in a hotel. When asked which hotel he stayed in, he replied, "Oh you know, some big place. They had a bunch of people running around there who dress like you [pointing at all the lawyers]". This prompted one attorney to say, "Please don't lump us all together. Some of us dress better than others."

2) We asked him about the day that he decided to commit suicide by jumping off the Huey P. Long bridge in New Orleans. He was asked how close he lives to the bridge, and he said it is about two miles from his house. Since he doesn't have a car (he's scared to drive, remember?), he was asked how he got to the bridge. He responded, "I walked. If you want to pitch yourself off a bridge, ain't nobody gonna give you a ride to do it, I'll tell you that much."

Posted by Kitty at December 8, 2003 04:03 PM

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