apparently my deposition

 1         SUPERIOR COURT OF THE STATE OF CALIFORNIA
 2               IN AND FOR THE COUNTY OF ORANGE
 3
 4    GARY STANDSTROM, JR.,          )
                                     )
 5                                   )
                        Plaintiff,   )
 6                                   )
      vs.                            )Case No.
 7                                   )30-2019-
      JEFFREY RONALD KEENE, et al.,  )01098451-
 8                                   )CU-PA-CJC
                                     )
 9                      Defendants.  )
      _______________________________)
10
11
12
13
14                 DEPOSITION OF GARY R. SANDSTROM
15                        Irvine, California
16                         January 14, 2020
17
18
19
20
21
22    Reported by:
      DENISE HESS
23    CSR NO. 7564
24    Job No.:  3617347
25    PAGES 1 - 142
                                                          1

 1         SUPERIOR COURT OF THE STATE OF CALIFORNIA
 2               IN AND FOR THE COUNTY OF ORANGE
 3
 4    GARY STANDSTROM, JR.,          )
                                     )
 5                                   )
                        Plaintiff,   )
 6                                   )
      vs.                            )Case No.
 7                                   )30-2019-
      JEFFREY RONALD KEENE, et al.,  )01098451-
 8                                   )CU-PA-CJC
                                     )
 9                      Defendants.  )
      _______________________________)
10
11
12
13                             ***
14             Deposition of GARY R. SANDSTROM, taken
15    at 340 Commerce, Suite 250, Irvine, California,
16    beginning at 10:00 a.m., on January 14, 2020,
17    before DENISE HESS, CSR No. 7564.
18
19
20
21
22
23
24
25
                                                          2

 1    APPEARANCES:
 2
 3    For Plaintiff:
 4    By:  SAFA V. HODGES, ESQ.
 5    LAW OFFICES OF SAFA V. HODGES
 6    1590 South Coast Highway
 7    Suite 9
 8    Laguna Beach, CA 92651
 9    (949) 715-2500
10    safalaw@cox.net
11
12
13    For Defendants:
14    By:  JENNA LONG, ESQ.
15    GILSLEIDER MCMAHON MOLINELLI & PHAN
16    340 Commerce
17    Suite 250
18    Irvine, CA 92602
19    (949) 988-6603
20    jenna_long@progressive.com
21
22
23
24
25
                                                          3

 1                            INDEX
 2
 3    WITNESS
 4    GARY SANDSTROM
 5
 6
 7                    EXAMINATION                 PAGE
 8           By Ms. Long                            5
 9
10
11
12
13                      EXHIBITS
14                       None
15
16
17
18
19
20
21
22
23
24
25
                                                          4

 1                     Irvine, California
 2                       January 14, 2020
 3
 4                   GARY R. SANDSTROM, JR.,
 5    having been first duly sworn, was examined and
 6    testified as follows:
 7             THE DEPOSITION OFFICER:  Raise your
 8    right hand, please.
 9             THE WITNESS:  (Witness complies.)
10             THE DEPOSITION OFFICER:  You do solemnly
11    state that the evidence you are about to give in
12    these proceedings shall be the truth, the whole
13    truth and nothing but the truth.
14             THE WITNESS:  I do.
15
16                        *EXAMINATION*
17
18    BY MS. LONG:
19             Q     Will you state your full name for
20    the record.
21             A     Gary Robert Sandstrom.
22             Q     Mr. Sandstrom, have you ever had
23    your deposition taken before?
24             A     No.
25             Q     I know you sat down with your
                                                          5

 1    attorney before coming to today's deposition, but
 2    I'll just briefly go over today's procedures, one
 3    of which is that the court reporter here will be
 4    typing up all of my questions and all of your
 5    answers, so it's important that we don't speak
 6    over each other so that we have a clear record of
 7    what was said here today.
 8                   Do you understand that?
 9             A     Yes.
10             Q     I'm going to remind you that the
11    oath you just took is the same oath you would
12    take when testifying in court and is made under
13    the penalty of perjury.
14                   Do you understand that?
15             A     Yes.
16             Q     I'm going to please ask you to
17    answer my questions as you're doing now using
18    English words and not use body language, such as
19    nodding of the head or shrugging of the
20    shoulders.
21                   Do you understand that?
22             A     Yes.
23             Q     At some point I may ask you a
24    question where you may not know an exact answer
25    for things such as distance or speed.  If you can
                                                          6

 1    give me an estimate, please do so, but if you're
 2    only guessing, let us know, because what we need
 3    today are either exact answers or estimates, but
 4    not guesses.
 5                   Do you understand that?
 6             A     Yes.
 7             Q     Do you understand the difference
 8    between a guess and an estimate?
 9             A     Yes.
10             Q     After today's deposition has been
11    completed, the court reporter here will type up
12    all of our questions and all of our answers in a
13    transcript-like form.  And you'll have an
14    opportunity to look it over and to make any
15    changes that you feel is necessary.
16                   However, if you do make any
17    changes, I need to warn you that the attorneys on
18    this case may point to that.  And that may
19    negatively affect your believability as a
20    witness.
21                   Do you understand that?
22             A     Yes, I do.
23             Q     Is there any reason, such as
24    illness or medication, that you cannot give us
25    your best testimony today?
                                                          7

 1             A     No.
 2             Q     What is your date of birth?
 3             A     6-24-64.
 4             Q     Where were you born?
 5             A     Los Angeles.
 6             Q     What is your current address?
 7             A     It is 19361 Pitcairn Lane,
 8    P-I-T-C-A-I-R-N.  And that's Huntington Beach,
 9    California.  I'm not sure on the zip.
10             Q     Okay.  How long have you lived
11    there?
12             A     Approximately nine months.
13             Q     Does anyone live with you at that
14    address?
15             A     My wife, my daughter, and then we
16    have two roommates.
17             Q     What is your wife's name?
18             A     Sharon Sandstrom.
19             Q     How long have you two been
20    married?
21             A     We have been married for 13 years.
22             Q     And how old is your daughter?
23             A     My daughter is 17.
24             Q     What is her name?
25             A     Sarah Ashley.
                                                          8

 1             Q     Is her last name Sandstrom, as
 2    well?
 3             A     No, her name is Ashley.
 4             Q     Oh, like the first name Ashley?
 5             A     Yeah.
 6             Q     Is that a yes?
 7             A     Yes.
 8             Q     Okay.
 9             A     Her name is Sarah Ashley.
10             Q     Okay.  Does Ms. Sandstrom work
11    outside of the home?
12             A     Yes, she does.
13             Q     And what type of work does she do?
14             A     She -- right now she is in sales.
15             Q     And your daughter is in high
16    school?
17             A     High school.
18             Q     And the two roommates, what are
19    their names?
20             A     Steve and the other guy's name
21    is -- it's a strange name.  I don't know.  I
22    don't know.  It will come to me.  It will come to
23    me.
24             Q     No problem.  If you think about it
25    during a break or something --
                                                          9

 1             A     It's a strange name.
 2             Q     Okay.  And do you know Steve's
 3    last name?
 4             A     No.
 5             Q     So did you move in with your
 6    roommates or did they move in with you?
 7             A     We moved in with them.
 8             Q     Okay.  Are they just roommates?
 9             A     Just roommates.
10             Q     Are they aware of the accident
11    that you have been involved in?
12             A     I think so.
13             Q     Okay.  Have you talked to them
14    about it?
15             A     No.
16             Q     How do you think they know?
17             A     Because the police officer brought
18    my bicycle home the night of the accident and I
19    think -- he knocked on the door and my bike was,
20    you know, mangled.
21             Q     Okay.  Just to clarify the record,
22    when I refer to the accident or the incident or
23    the car accident or the bicycle accident, is it
24    your understanding it's the electric bicycle
25    versus car accident that you were involved in on
                                                         10

 1    May 30th, 2019?
 2             A     Yes.
 3             Q     Which is the subject matter of the
 4    lawsuit that you filed?
 5             A     Yes.
 6             Q     Before your current address, where
 7    did you reside?
 8             A     9151 Atlanta Avenue, Number A392.
 9    And that's Huntington Beach, 92615.
10             Q     And how long did you live at that
11    address?
12             A     We have had that address.  It's a
13    PO box.  That's just our basic address.
14             Q     Okay.  So that's a PO box address?
15             A     Yes.
16             Q     So what physical address did you
17    reside in before the one permanently --
18             A     I don't know the address.  It was
19    on -- I'm sorry, I don't know the address part of
20    it.  But it was in Seal Beach.
21             Q     Okay.  And how long did you live
22    at that address in Seal Beach?
23             A     For about six months.
24             Q     The address on Seal Beach, do you
25    recall what street?
                                                         11

 1             A     Yeah.  It was on Stanford.
 2             Q     Was it an apartment?
 3             A     No, it was a house.
 4             Q     You were renting that?
 5             A     Yes.
 6             Q     Did your wife and your daughter
 7    also live with you at the Seal Beach address?
 8             A     Yes.
 9             Q     Anyone else?
10             A     There was a roommate.
11             Q     Do you recall his or her name?
12             A     His name was Steve.
13             Q     Not the same Steve?
14             A     No.
15             Q     Okay.  Do you recall his last
16    name?
17             A     No, I don't.  They are from
18    Canada.  That's all we know.
19             Q     Did you rent the place under your
20    name, or did you move in with Steve?
21             A     We moved in with Steve.
22             Q     Before the Seal Beach address,
23    where did you reside?
24             A     Canyon -- Canyon -- God, we're
25    getting -- well, let's see, 2006, I believe,
                                                         12

 1    Canyon Avenue in Costa Mesa, 92647, I believe.
 2             Q     And how long did you live at that
 3    address?
 4             A     For about eight years.
 5             Q     Eight years?
 6             A     Yes.
 7             Q     Who lived with you at that address
 8    in Costa Mesa?
 9             A     My wife and my daughter and my son
10    and then my stepdaughter and my stepson.
11             Q     What is your son's name?
12             A     Gary Robert, Jr.
13             Q     Is Robert the last name?
14             A     Gary Robert Sandstrom, Jr.
15             Q     Okay.
16             A     I'm senior.
17             Q     And how old is Gary?
18             A     He's 30.
19             Q     And what was the name of your
20    stepdaughter that lived with you at Costa Mesa?
21             A     That's Sarah Ashley.
22             Q     And what is the name of the
23    daughter who lived with you at Costa Mesa --
24             A     That's Lehandra, L-E-H-A-N-D-R-A.
25             Q     Last name?
                                                         13

 1             A     Sandstrom.
 2             Q     How old is she?
 3             A     She is 26.
 4             Q     And then your stepson's name?
 5             A     Matthew Ashley.
 6             Q     Was Ashley your wife's prior last
 7    name?
 8             A     Yes.
 9             Q     That was her married name?
10             A     Yes.
11             Q     At the time of the accident, did
12    you have a valid California driver's license?
13             A     I did.
14             Q     Did you have --
15             A     Yes, I did.  I'm sorry.
16             Q     That's all right.
17                   At the time of the accident, did
18    you have any restrictions on your driver's
19    license, such as being required to wear contacts
20    or lenses, contact lenses or glasses while
21    driving?
22             A     No, I did not.
23             Q     Do you wear glasses or contacts?
24             A     No, I do not.
25             Q     Do you currently have a valid
                                                         14

 1    California driver's license?
 2             A     My driver's license is -- I
 3    believe it's suspended, but I still have it.
 4             Q     What is the reason it was
 5    suspended?
 6             A     For nonpayment of some tickets.
 7             Q     What type of tickets?
 8             A     Parking tickets.
 9             Q     Is this in the City of Huntington
10    Beach?
11             A     I believe so, yes.
12             Q     When did your license become
13    suspended?
14             A     September, I believe.
15             Q     Of --
16             A     Of this year.
17             Q     Of 2019?
18             A     Yeah, 2019, yeah.
19             Q     At the time of the accident back
20    in May of 2019, did you own a car?
21             A     Yes, I did.
22             Q     Do you still have a car?
23             A     I do.
24             Q     Have you -- strike that.
25                   Have you ever had a felony
                                                         15

 1    conviction?
 2             A     No, I have not.
 3             Q     At the time of the accident, were
 4    you employed?
 5             A     No, I was not.
 6             Q     When was the last time you were
 7    employed before the accident?
 8             A     2015.
 9             Q     And where were you working at that
10    time?
11             A     Tanner Construction in Costa Mesa.
12             Q     How long had you worked there?
13             A     About two years.
14             Q     What type of work did you do for
15    Tanner Construction?
16             A     Just basic construction, framing.
17             Q     Were you working full time or part
18    time?
19             A     Full time.
20             Q     Why did you leave your position?
21             A     I have a heart condition.
22             Q     So did you quit your job?
23             A     I'm retired.  Forced retirement.
24             Q     For health reasons?
25             A     Correct.
                                                         16

 1             Q     When you became retired in 2015,
 2    did you apply for any type of disability
 3    benefits?
 4             A     Yes.  I'm SSI -- SSDI.
 5             Q     And what is the basis for your
 6    receiving SSDI benefits?
 7             A     I have a torn valve in my heart.
 8    It's my -- it will come to me.  My -- I have a
 9    torn valve in my heart.  That's the best I can
10    tell you right now, sorry.
11                   And I have also -- oh, congestive
12    heart failure.
13             Q     When were you diagnosed with a
14    torn valve in your heart?
15             A     I believe it was 2015.  I wish my
16    wife was here.  Sorry.  She has got all of these
17    answers, the medical stuff.  I'm sorry.
18             Q     It's all right.  You're doing
19    great.
20             A     Thank you.
21             Q     Just testify to what you recall.
22             A     I'm horrible at dates.  I'm sorry.
23             Q     Okay.  When were you diagnosed
24    with congestive heart failure?
25             A     I believe it was 2015.
                                                         17

 1             Q     Okay.
 2             A     If it wasn't the end of 2015, it
 3    was 2016.
 4                   I don't know why I can't think of
 5    that valve, the name of it.  It will come to me.
 6             Q     So since 2015, you have been
 7    receiving SSDI benefits?
 8             A     Yes, I believe it's 2015 or 2016,
 9    the beginning of it.  Sorry.
10             Q     Before working at Tanner
11    Construction, what type of work did you do?
12             A     I was a printing press operator
13    for most of my life.
14             Q     And what did that entail, being a
15    printing press operator?
16             A     Printing on offset lithography,
17    printing on paper, business cards, letterheads,
18    envelopes.  That type of thing.
19             Q     It was a physically demanding job?
20             A     Not really, no.
21             Q     So what did you have to do when
22    you worked on these machines?
23             A     Just load the paper and apply ink
24    to the paper.
25             Q     How long did you work as a
                                                         18

 1    printing press operator?
 2             A     The -- the Advantage Mailing, I
 3    worked there for about five years.  That was
 4    right before Tanner Construction.
 5             Q     And before that?
 6             A     Kenny The Printer.  I can name off
 7    a bunch of shops.
 8             Q     So they were all similar type of
 9    business?
10             A     All the same work.
11             Q     All together how long did you work
12    as a printing operator?
13             A     Since I was 21.  So approximately
14    28 years.
15             Q     Before the car accident, had you
16    ever received Workers' Comp benefits due to an
17    injury on the job?
18             A     Yes, I have.
19             Q     When?
20             A     That would be in -- let's see, I
21    was 18.  So 19... approximately 1982, 1983.
22             Q     And what type of injury did you
23    sustain on --
24             A     Lower back.  Herniated disk.
25             Q     What happened?
                                                         19

 1             A     I was a sandblaster in the
 2    painters' union, Orange County Painters' Union.
 3    I was working for a company that sandblasts.  I
 4    injured my back from lifting, heavy lifting.
 5             Q     What was the result of that
 6    Worker's Compensation claim?
 7             A     I got a settlement.  I was on
 8    Worker's Compensation, and then I went to become
 9    a printing pressman.  I went through -- what do
10    you call it?
11                   MS. HODGES:  Vocational rehab.
12                   THE WITNESS:  Yeah, thank you.
13    BY MS. LONG:
14             Q     Were you deemed permanently
15    disabled?
16             A     No, not permanently, but just, you
17    know, I had some limitations.
18             Q     What type of treatment did you
19    have to receive for that?
20             A     Just traction.
21             Q     And how long did you receive
22    treatment for?
23             A     We are talking about 30 years ago.
24    I mean, over 30 years ago, 35 years ago.  I
25    just -- just traction.  I don't know.
                                                         20

 1             Q     So like --
 2             A     Approximately a year.
 3             Q     Okay.  Like physical therapy type?
 4             A     Physical therapy, yes, swimming,
 5    all kinds of stuff.
 6                   It's been a long time, ma'am.
 7             Q     Did you have to use any medication
 8    during that time?
 9             A     Oh, sure.  Pain medication and
10    muscle relaxers.  That's about it.
11             Q     And it was only about a year?
12             A     Yes.
13             Q     And after that low back injury,
14    did you have any other injuries to your back?
15             A     No.  Just diagnosed with
16    degenerative disk disease.
17             Q     When were you diagnosed with that?
18             A     That was about 2013.
19             Q     Did something happen in 2013?  Did
20    you sustain an injury?
21             A     Not really.  Just my back just
22    kept going out.  It's a herniated disk, so it
23    would just bulge out from time to time.
24             Q     What type of treatment did you
25    receive since 2013?
                                                         21

 1             A     Just pain medication and swimming
 2    therapy.  And that's it.
 3             Q     What type of pain medication have
 4    you been prescribed since 2013?
 5             A     Hydrocodone.
 6             Q     Have you been taking it on a daily
 7    basis?
 8             A     I don't take it all the time, but
 9    most days.
10             Q     So on an average week, do you take
11    it six out of seven days or less or more?
12             A     Probably five out of seven.
13             Q     And when you do take hydrocodone
14    five days out of seven, what is the dosage?
15             A     One tablet every four hours of ten
16    milligram.  Just one pill.
17             Q     So on a given day, you take six
18    pills?
19             A     No.  I'm sorry.  I said every six
20    hours.  That's four times a day.  I'm sorry.
21             Q     Every six hours?
22             A     Yeah.  Every six hours is what I
23    meant.  Not six every four, four every six -- one
24    every six hours.
25             Q     So since 2013, you have been
                                                         22

 1    taking on average hydrocodone on this average
 2    basis?
 3             A     Yeah, pretty much.
 4             Q     After the car accident, the
 5    bicycle accident, did your pain medication change
 6    in terms of how often you were taking it?
 7             A     That's where I'm at right now, is
 8    four -- is taking it four times a day.
 9             Q     Okay.
10             A     I'm sorry.  Let me back that up a
11    little bit.
12             Q     Sure, sure.
13             A     I was taking it three times a day,
14    and they upped it to four times a day since the
15    accident happened in May of this year.
16             Q     Same dosage, though?
17             A     Yes.
18             Q     So you take an extra pill a day?
19             A     Yes.
20             Q     Aside from that one Worker's
21    Compensation claim when you were 18 years old,
22    any others before the car accident?
23             A     Clarify that.
24                   That has to do with injuries?
25             Q     Yes.  While on the job.
                                                         23

 1             A     Oh, no, nothing.
 2             Q     Okay.
 3             A     Just one time.
 4             Q     Before the car accident, had you
 5    been on any other disability -- strike that.
 6                   Aside from the SSDI that you have
 7    been receiving since 2015, before that, had you
 8    been receiving any type of disability benefits
 9    for any reason?
10             A     No.
11             Q     Thank you.
12             A     Well, my accident.  You already
13    asked me about that.
14             Q     Yes, yes.
15             A     Worker's Compensation.
16             Q     Aside from that?
17             A     No.
18             Q     Is that correct?
19             A     Correct.
20             Q     No other?
21             A     Yeah, no other.
22             Q     Okay.  So in your discovery
23    responses, you indicated that you are not
24    claiming any type of lost income or lost
25    earnings; is that correct?
                                                         24

 1             A     That is correct.
 2             Q     You also claimed in your written
 3    discovery responses that you are not claiming any
 4    future earning capacity claim due to the subject
 5    accident; is that correct?
 6             A     Yes, that's correct.
 7             Q     Now, let me ask you some questions
 8    about the accident itself?
 9             A     Sure.
10             Q     Do you recall that the accident
11    occurred on May 30, 2019?
12             A     Yes.
13             Q     About what time did the accident
14    occur?
15             A     About 4:15.
16             Q     In the afternoon?
17             A     Yes, ma'am.
18             Q     And what was the weather like that
19    afternoon?
20             A     Sunny and -- just a normal day in
21    Huntington Beach.  It was a nice day.  I didn't
22    have a jacket on.  So it was pretty nice.
23             Q     Okay.  And what type of vehicle
24    were you operating when the accident occurred?
25             A     Electric bicycle.
                                                         25

 1             Q     What type of electric bicycle?
 2             A     It is a -- a Firmstrong with --
 3    it's electric.  It has an electric hub on the
 4    front.
 5             Q     Were you the owner of that bicycle
 6    at the time of the accident?
 7             A     Yes, I am.
 8             Q     Do you still have the same
 9    bicycle?
10             A     I do.  It hasn't been touched
11    since the accident.
12             Q     When did you purchase the
13    Firmstrong bicycle?
14             A     That would have been approximately
15    a year ago.  So let's say January of -- of 2019.
16             Q     Where did you purchase the
17    bicycle?
18             A     I purchased the bicycle online
19    through Craigslist.
20             Q     Did you purchase it from an
21    individual?
22             A     Yes, I did.
23             Q     Do you recall the name of that
24    individual?
25             A     No, I don't.
                                                         26

 1             Q     When you purchased the bicycle in
 2    January of 2019, did you go to that individual
 3    for a test run before you purchased it?
 4             A     Yes, I did.
 5             Q     Did you take it to any mechanics
 6    for -- to check out the bicycle?
 7             A     No, I'm a pretty good mechanic
 8    myself.
 9             Q     So when you purchased it in
10    January of 2019, it was in good working
11    condition?
12             A     Pretty much brand-new.
13             Q     Since purchasing it, have you been
14    maintaining the bicycle yourself?
15             A     Yes, I have.
16             Q     And what type of maintenance work
17    have you been doing to the bicycle since
18    purchasing it in January of 2019 before the car
19    accident occurred?
20             A     Oil and lube and making sure all
21    the bolts are tightened up and the brakes work
22    well.  And that's about it.
23             Q     Okay.
24             A     New tires.  I had brand-new tires
25    on it.
                                                         27

 1             Q     Before the accident occurred in
 2    May of 2019, how many times had you maintained
 3    the bicycle before the accident occurred?
 4             A     I'm always checking it out before
 5    I take it for a ride.  I tighten up all the bolts
 6    and give it a little WD-40 and make sure
 7    everything is running smooth because it is an
 8    electric bike.
 9             Q     What do you have to do for this
10    electric bicycle in terms of powering it?
11             A     Plug it in and charge the battery,
12    and then unplug it and put the electrical adaptor
13    together, and that's it.  Take off.
14             Q     How big is the battery that you
15    have to charge?
16             A     It's about -- it's about -- let's
17    see, four inches by four inches by 12 inches
18    long.
19             Q     So you remove the battery from the
20    bicycle --
21             A     No.
22             Q     -- bring it into your home?
23             A     No.
24             Q     You leave it on the bicycle?
25             A     I leave it on the bicycle.  And I
                                                         28

 1    just unplug it and plug it into an electrical
 2    receptacle.
 3             Q     And do you have to charge it every
 4    single time that you ride it?
 5             A     Yes.
 6             Q     And how long does the charge last
 7    for?
 8             A     About two and a half to three
 9    hours.  It's really a matter of how far you go,
10    not really time.  It just depends.  It will go
11    about 30, 35 miles.
12             Q     Is this one of those hybrid
13    bicycles that you can actually pedal, as well as
14    use the motor?
15             A     Yes, it is.  Yes, it is, but when
16    you got the electric -- when you're riding with
17    the throttle on, pedaling doesn't do you much any
18    good.  It's going really faster than the pedals
19    will pedal.  You do use it for the brakes,
20    though, yes.
21             Q     Okay.  And how does the braking
22    work with the pedals?
23             A     It's what you call a coaster
24    brake.  So you just kind of go in reverse, in
25    reverse with the brake, and it slows the bike
                                                         29

 1    down.
 2             Q     So there is no hand brakes?
 3             A     There is also a -- I was getting
 4    to that.  There is also a front disk brake on it,
 5    which is currently still on it, as a security,
 6    you know.
 7             Q     So when you use the pedals
 8    themselves to brake, does that work on a specific
 9    part of the bicycle to slow the bicycle down?
10             A     Yes, the rear hub.
11             Q     And then when you use the hand
12    brakes, are there two?
13             A     No, just one in the front, because
14    the coaster brake works in the rear, for the
15    rear.
16             Q     And is it on the right side or the
17    left side of the handle?
18             A     It is on the left side of the
19    handle, the brake, for the front.
20             Q     So the hand brake works to stop
21    the front wheels?
22             A     The front wheel, which also is the
23    motor that -- that drives the bicycle.
24             Q     Okay.
25             A     The hub is the -- the electric
                                                         30

 1    motor is the front.  So it doesn't restrict you
 2    when you put on the brakes on the rear, you don't
 3    have to fight with gas and putting the throttle
 4    on.  It's separate.
 5             Q     So if you wanted to come to a
 6    quicker stop, do you use the hand brake and the
 7    coaster brakes at the same time?
 8             A     Yes, you would, if you have time.
 9             Q     What is the -- the maximum speed
10    of the Firmstrong bicycle that you were riding on
11    the day of the accident?
12             A     About 20 miles an hour is about as
13    fast as it will go, maybe 22 going downhill.
14             Q     So you can elect not to use the
15    electric portion of your bicycle when you're
16    riding?
17             A     Yes, correct.
18             Q     So you could just use the pedal as
19    if it's a regular bike?
20             A     Yes, you can.
21             Q     And any other components of the
22    electric bicycle that you were riding on the day
23    of the accident that we haven't spoken about?
24             A     No.
25             Q     Did your bicycle have any type of
                                                         31

 1    a -- either a basket or anything that you could
 2    hold objects in?
 3             A     No, it does not.  It has one on
 4    the rear, not on the front.
 5             Q     And what type of a device is the
 6    equipment on the rear?
 7             A     It's just a -- it's a -- it's just
 8    a -- you know, it's a platform.  Just a rear --
 9    like a tabletop type of thing.  I forget what you
10    call it.
11             Q     And then you can place objects on
12    it?
13             A     Yes.
14             Q     But you have to restrain it?
15             A     Sure.
16             Q     With a bungee?
17             A     Yeah, I put my speaker on there
18    sometimes or whatever.
19             Q     Did you have any objects in the
20    rear?
21             A     I did not.
22             Q     What were you wearing on the day
23    of the accident?
24             A     Jeans, long sleeve shirt, hat,
25    shoes.
                                                         32

 1             Q     What type of hat?
 2             A     Just a regular cap (indicating).
 3             Q     Okay.  And what type of shoes?
 4             A     Tennis shoes.
 5             Q     Did you have any type of -- strike
 6    that.
 7                   Did you have your phone with you?
 8             A     I did have my phone with me.
 9             Q     And where was your phone located?
10             A     It was in my pocket.
11             Q     Which pocket?
12             A     Front left.
13             Q     On your shirt, or in your pants?
14             A     In my pants.
15             Q     And --
16             A     There are rear bags.  I'm sorry, I
17    just thought about this.  There are rear bags
18    also on the back.  They are traveling bags.
19             Q     So one on each side?
20             A     One on each side, yes.
21             Q     Were there any --
22             A     The rack is what it's called.
23    It's a bike rack.
24             Q     Did you have anything in your
25    travel bags in the rear?
                                                         33

 1             A     Just tools.
 2             Q     What type of tools?
 3             A     Screwdrivers, a wrench.
 4             Q     Is that for using on the bicycle?
 5             A     If something happens, yeah, a
 6    spare -- and spare tube, you know, a spare wheel
 7    tube, tire tube.
 8             Q     About how much do you estimate
 9    those equipment weighed in your travel bag?
10             A     Less than a pound.
11             Q     Okay.
12             A     It's just a couple small little
13    things.
14             Q     Did you have any water bottles or
15    any type of --
16             A     There may have been a -- yeah,
17    there was a water bottle in my (indicating).
18             Q     Where?
19             A     My water bottle -- there is a
20    little water bottle thing on the front
21    (indicating).
22             Q     A holder?
23             A     Yes.
24             Q     On the frame of your bicycle?
25             A     Yes, on the -- on the seat post.
                                                         34

 1             Q     Okay.
 2             A     Below the light.  There is lights
 3    on the rear and the front.  I have a front -- I
 4    have a front light and a rear brake light.
 5             Q     Are those the type of lights that
 6    are constantly flashing?
 7             A     No.
 8             Q     Are they --
 9             A     They are on constantly.  You just
10    click it on.  I usually always have them on, you
11    know, just so that people see me.
12             Q     On the day of the accident, did
13    you have the front light and the rear light
14    engaged?
15             A     I believe I did.
16             Q     And it's just a constant red
17    light?
18             A     I just put it on when I go, before
19    I start out on my ride, just turn them on.
20             Q     And the color of those two lights
21    were red?
22             A     White in the front and red in the
23    back.
24             Q     Nonflashing?
25             A     Right.
                                                         35

 1             Q     Any other lights that you had on
 2    the bicycle itself or on you?
 3             A     No.
 4             Q     Did you have any type of radio or
 5    music streaming while you were riding your
 6    bicycle?
 7             A     I don't believe so, no.  I don't
 8    remember if I did or not.
 9             Q     If you did have some type of
10    equipment to listen to music, what would it have
11    been?
12             A     My phone.  And my phone was in my
13    pocket.
14             Q     So if you were listening to music
15    with your phone, would you have an earphone?
16             A     Bluetooth.
17             Q     Okay.
18             A     Not earphone, Bluetooth, the
19    speaker that is on the bike that I told you.  I
20    don't remember if I had it that day.
21             Q     So it's a speaker that you --
22             A     Just a little speaker, a little
23    Bluetooth.  Didn't mean to cut you off.
24             Q     That's all right.
25             A     Bluetooth speaker.
                                                         36

 1             Q     So it's not always something
 2    that's in your travel bag or on the bike rack?
 3             A     No.
 4             Q     You would have to put it on?
 5             A     Yeah, and I don't believe that day
 6    I had it on there.
 7             Q     Okay.  Did you have a helmet with
 8    you on the day of the accident?
 9             A     No, I did not.
10             Q     Do you normally wear a helmet when
11    you're operating your electric bicycle?
12             A     No, I do not.
13             Q     Before your purchasing of this
14    bicycle in January of 2019, did you own any prior
15    electric bicycles?
16             A     No, I did not.
17             Q     This was your first time?
18             A     Yes.
19             Q     Did you have to take any special
20    classes or training to ride the electric bicycle?
21             A     No, I did not.
22             Q     How did you learn to ride it?
23             A     I'm pretty electronically
24    inclined.  I mean, it's -- it's not rocket
25    science.  It's just a throttle.
                                                         37

 1             Q     And where is the throttle?
 2             A     The throttle is on the handlebar.
 3             Q     Which handle?
 4             A     Right side.
 5             Q     How many speeds?
 6             A     It's just one.  You're on and off.
 7             Q     Okay.  How do you make it go
 8    faster?
 9             A     Give it the gas (indicating), give
10    it the throttle (indicating).
11             Q     And do you have to maintain your
12    hand on the throttle to make it continue?
13             A     Absolutely, because if you let
14    off, it will go off.
15             Q     So how do you control your speed?
16             A     I just -- just you go.  You just
17    turn it and you go.
18             Q     Okay.
19             A     And you go up to 20 miles an hour
20    on it, 22 miles an hour.
21             Q     So do you twist the throttle all
22    the way to the end in order to go the maximum
23    speed?
24             A     Yeah, you would have to turn it
25    all the way.
                                                         38

 1             Q     And is a throttle turned towards
 2    you or away from you?
 3             A     You don't give it more throttle
 4    and you go faster.  It's just really on or off.
 5             Q     So the speed is always either at
 6    20 or 22 miles?
 7             A     You gradually build up to it.
 8             Q     So there is no going five miles an
 9    hour on the electrical bicycle?
10             A     Sure, you just give it a little
11    gas, and then -- and, you know, give it a little
12    bit and you'll start to go, or you can just
13    pedal.  That's what I do in the beginning.  I
14    just pedal.
15             Q     Just manually?
16             A     Just manually pedal it, yes.
17             Q     Okay.  And so when you are driving
18    or riding the electric bicycle, you're going at
19    approximately 20 to 22 miles an hour when you're
20    using the electric portion of it?
21             A     Yeah, that's when you got your
22    speed built up and you're -- you know, you're on
23    a stretch.
24             Q     Okay.
25             A     It's not like there is no lights
                                                         39

 1    or anything.  You know, you start to...
 2             Q     Where did you begin your trip that
 3    afternoon?
 4             A     I began it from my house.
 5             Q     Where were you headed?
 6             A     To the park.
 7             Q     Which park?
 8             A     That would be Magnolia Park on
 9    Magnolia and Hamilton.
10             Q     About how far was that park from
11    your home?
12             A     About three miles -- it's across
13    the street from Edison High.  It's about three to
14    four miles.  Maybe five.
15             Q     What was the reason for going to
16    Magnolia Park?
17             A     Just to get out and take a bike
18    ride.
19             Q     Were you planning on riding your
20    bicycle at the park itself, or that was the
21    turning point?
22             A     That was the turning point, turn
23    around there at the fire station, turn around.
24             Q     What was the route that you were
25    taking from the point you left your home?
                                                         40

 1             A     Straight down my street to
 2    Yorktown.  I took Yorktown to Magnolia.  Magnolia
 3    to the park, and then the reverse coming home,
 4    the same.
 5             Q     Did the accident occur on your way
 6    back home?
 7             A     Yes.
 8             Q     So from the point you left the
 9    park, how far was the area where the accident
10    occurred?
11             A     About a mile, maybe less.
12             Q     Okay.
13             A     Little less.  It's pretty close.
14    I'm sorry, two streets, two lights.
15             Q     When you left the park, what was
16    the street that you were taking to get back home?
17             A     Magnolia.
18             Q     And that's where the accident
19    occurred?
20             A     Yes, ma'am.
21             Q     How many lanes of traffic are
22    going in your direction on Magnolia?
23             A     I believe two or three.
24             Q     And those are two or three car
25    lengths?
                                                         41

 1             A     Yeah, I believe it's two.
 2             Q     Okay.
 3             A     It changes.  You know, it goes to
 4    three lanes and then it goes to two.  But I
 5    believe it's two lanes.
 6             Q     Okay.
 7             A     I'm sure of it, actually.  It's
 8    two lanes.
 9             Q     When you got onto Magnolia, which
10    lane were you traveling in?
11             A     I was in the bicycle lane,
12    going -- I was going north.
13             Q     Was there a bicycle lane available
14    to you?
15             A     Yes, there is.
16             Q     From the point you got onto --
17             A     Yes, a nonbroken line.
18                   MS. HODGES:  You have to wait.
19                   THE WITNESS:  Sorry.
20    BY MS. LONG:
21             Q     From the point that you got onto
22    Magnolia, there was a bicycle lane that you were
23    using?
24             A     Yes.
25             Q     About how wide is the bicycle
                                                         42

 1    lane?
 2             A     Approximately three feet.
 3             Q     When you initially got onto
 4    Magnolia, what was the traffic like going
 5    northbound?
 6             A     It was not real heavy.  It was --
 7    it was medium, I guess.
 8             Q     Is that your best estimate?
 9             A     Yes.
10             Q     Okay.
11             A     For 4:00, yeah.
12             Q     So while you were in the bicycle
13    lane, there were cars to the left of you?
14             A     Yes.
15             Q     And what is the posted speed limit
16    around where the accident occurred?
17             A     35 or 40.
18             Q     Okay.
19             A     I imagine 40 miles an hour.
20             Q     So you traveled about two blocks
21    on Magnolia from the park until the accident
22    occurred?
23             A     That is correct.
24             Q     During those two blocks or so that
25    you were traveling on Magnolia before the
                                                         43

 1    accident occurred, about how fast were you going?
 2             A     About 20 miles an hour.
 3             Q     During those approximately two
 4    blocks that you were on Magnolia in the bicycle
 5    lane going 20 miles an hour, were you
 6    also pedaling?
 7             A     No.  Only to start out.
 8             Q     So you started out from the park?
 9             A     Yes.
10             Q     So for how long were you actually
11    pedaling before you allowed the motor to take
12    over?
13             A     About ten pedals, I guess.
14             Q     So once your bicycle was at its
15    top speed of about 20 miles an hour, do you just
16    rest your feet on the pedals themselves?
17             A     Yes, I do.  Ready to brake in case
18    there is...
19             Q     In the approximately two blocks or
20    so that you were traveling on Magnolia before the
21    accident, were there any bicycles traveling ahead
22    of you in the bicycle lane?
23             A     I didn't see any, no.
24             Q     Did you ever see any bicycles
25    traveling behind you in the bicycle lane for
                                                         44

 1    those approximately two blocks?
 2             A     No, I didn't.
 3             Q     Where did the accident occur
 4    exactly on Magnolia?
 5             A     Just before Adams.
 6             Q     Is that a cross-street?
 7             A     Adams is a major light, yeah.
 8             Q     About how far from the
 9    intersection of Adams did the accident occur?
10             A     About a half a block, yeah.
11             Q     And is that intersection at Adams
12    controlled by traffic signal lights?
13             A     Yes.
14             Q     What was your intention once you
15    arrived at the intersection with Adams?
16             A     I didn't arrive to the
17    intersection.  I got cutoff.
18             Q     So if the accident did not occur,
19    what were you going to do once you arrived at
20    that intersection?
21             A     Brake, stop, stay in the bike lane
22    and wait for the light to turn green.
23             Q     And then proceed straight through?
24             A     Yes.
25             Q     If the light was green for you on
                                                         45

 1    Adams, you would have just proceeded through the
 2    intersection and continued on your way?
 3             A     Yes, I would have.
 4             Q     Before the accident occurred, did
 5    you look to see what the traffic signal light was
 6    coming up on Adams?
 7             A     I didn't.  I didn't -- I don't
 8    know.  I don't know what it was, if it was green
 9    or if it was red.
10             Q     Did you have any warning signs
11    that a collision was about to occur, like hearing
12    somebody braking or honking their horns at you?
13             A     No.
14             Q     So you were in the bicycle lane.
15    And the bicycle lane is about three feet wide?
16             A     Yeah, about three -- two and a
17    half, three feet (indicating).
18             Q     Okay.  Where were you traveling
19    within that bicycle lane --
20             A     Right in the middle.
21             Q     -- when the accident occurred?
22             A     Sorry.
23             Q     That's okay.
24             A     Right in the middle of the bike
25    lane.
                                                         46

 1             Q     So you were traveling northbound
 2    in the bicycle lane, and then what happened?
 3             A     And then the guy that pulled in
 4    front of me, to make a turn into the Carl's Jr.,
 5    stopped abruptly.
 6                   He passed me, and then he pulled
 7    into the driveway, except he stopped.  He didn't
 8    continue his -- because there was -- I think
 9    there was somebody pulling out that was blocking
10    the driveway.  So I don't think he -- so he
11    pulled in front of the driveway and then he
12    stopped abruptly.  And I did not expect him to
13    stop abruptly.
14                   I was going the speed I was going,
15    and he was slowing down to make his turn, and he
16    just stopped, cutting off the bike lane.
17             Q     When did you first notice the car
18    you were involved in the accident with?
19             A     It was very quickly.
20                   I saw him and I was probably, you
21    know, maybe 100 -- maybe 50 yards -- not even
22    that.  Not even that, maybe 25 yards from the
23    actual driveway.  And I saw him pass me, and he
24    started to pull in, and he just stopped.
25                   MS. HODGES:  Can we take a break?
                                                         47

 1                   MS. LONG:  Sure.
 2                   (Brief recess.)
 3                   THE WITNESS:  By the way, I said
 4    yards, I meant feet.  I got to clarify that.
 5    There is a big difference between feet and yards.
 6    I meant feet, and I said yards.
 7    BY MS. LONG:
 8             Q     So you were traveling in the
 9    bicycle lane.  And you first saw the car that you
10    were involved in the accident with passing you on
11    your left side?
12             A     Yes.
13             Q     And it was approximately 20 feet
14    from the driveway where the accident occurred?
15             A     Approximately 25 to 50 feet.  I
16    saw him pass, and then he cutoff, he pulled in
17    front.  And bam.  I hit him that fast.  He didn't
18    realize the speed I was going at apparently.  I
19    must have approached him quicker than he thought,
20    because I don't think he would do that on
21    purpose, pull in front of me and stop.  But
22    that's what happened unfortunately.
23             Q     When you saw the car passing you
24    on the left and pulling into the driveway for
25    Carl's Jr., did you see the signal lights on the
                                                         48

 1    car?
 2             A     I didn't see that he had a turn
 3    signal on.  I did not see that.  I don't know if
 4    it was or it wasn't.
 5             Q     So to clarify, you don't recall
 6    whether you remember seeing it or not?
 7             A     Seeing his turn signals on?
 8             Q     Yes.
 9             A     Yes, I do not remember seeing it.
10             Q     Okay.
11             A     Because it almost knocked me out.
12    I was in a -- I was in a daze.
13             Q     Approximately how much time passed
14    between the time that he passed you on your left,
15    until he came to a stop in the driveway in front
16    of you?
17             A     Two seconds, three seconds.
18             Q     Approximately what portion of his
19    vehicle was in the bicycle lane?
20             A     All of it.
21             Q     So --
22             A     So the front quarter panel of his
23    vehicle, I think, the front quarter panel was up
24    in the driveway and the rest of his vehicle was
25    sticking out.  He was sticking out into the lane,
                                                         49

 1    into the regular car lane itself, if I remember
 2    correctly.  And I believe that's correct, to the
 3    best of my --
 4             Q     So your entire bicycle lane was
 5    blocked by the car?
 6             A     Yes, absolutely.
 7             Q     And then a portion of the car was
 8    also blocking the car lane itself that he was
 9    traveling in before he made a right turn into the
10    driveway?
11             A     That's correct.
12                   He went sort of like this, rather
13    than -- you know, getting out of the -- out of
14    the lane and then making a right-hand turn, it
15    didn't happen like that.  He it was in his lane,
16    and then he went right turn (indicating) and he
17    stopped abruptly.
18             Q     So he never came into the bicycle
19    lane to gradually make his right turn?
20             A     I don't believe so, no.
21             Q     It was more of a right turn from
22    the car lane?
23             A     Yeah, like there is my lane, there
24    is my driveway.  And it happened all that fast.
25             Q     What type of vehicle was he
                                                         50

 1    driving?
 2             A     It was a truck, like a Ford F150
 3    type of vehicle or a Chevy Silverado, a white
 4    truck.
 5             Q     Right before the collision, when
 6    you saw him pulling into the driveway, did you
 7    also see another car trying to pull out of the
 8    driveway?
 9             A     Yes, I did.
10             Q     And what type of car was that?
11             A     You know, I think it was like a
12    Jeep type of vehicle, I believe, an SUV.
13             Q     Where was that Jeep or SUV located
14    in the driveway?
15             A     It was kind of blocking both --
16    you know, I think he was over a little farther
17    than he should have been, a little farther into
18    the driveway than he maybe -- I think it was a
19    she.  She was kind of blocking -- that's why -- I
20    believe that's why he stopped in the middle of
21    the lane, because he couldn't get in there.
22             Q     So that Jeep was in the driveway
23    apron?
24             A     No, just pulling out.  He was
25    pulling out -- pulling out of the driveway.  He
                                                         51

 1    was pulling in.  That vehicle, that Jeep, or
 2    whatever it was, it was pulling out.  Except he
 3    wasn't pulling out.  He was just sitting there.
 4             Q     So when you say the Jeep was just
 5    sitting there, where along the driveway was that
 6    Jeep sitting before the collision?
 7             A     I don't know.  I don't know.  I'm
 8    guessing that's the reason he stopped in the
 9    middle of the bike lane, because he couldn't make
10    it all the way in, I assume.
11                   MS. HODGES:  You just need to
12    testify to what you saw.
13                   THE WITNESS:  Yeah, and what I saw
14    was, it was happening so fast, it just happened
15    quick, and I plowed into him very quickly.  It
16    was a matter of two seconds.
17    BY MS. LONG:
18             Q     Okay.  But at some point you did
19    see that Jeep trying to pull out at the same time
20    and stopped?
21             A     I saw a vehicle just sitting
22    there.  I didn't see him approach.  I just saw
23    the vehicle in the driveway pulling out, except
24    he wasn't pulling out, he was waiting, you know.
25                   That's -- anyway.
                                                         52

 1             Q     So how far was the front of that
 2    Jeep that was pulling out, that was just sitting
 3    there before the collision?
 4             A     He was in the driveway, but behind
 5    the bike lane portion.
 6             Q     So her car, the Jeep, was laying
 7    stopped on the sidewalk portion of the driveway?
 8             A     Yes, getting ready to pull out.
 9             Q     But none of that Jeep was on the
10    bicycle lane itself?
11             A     No.
12             Q     Is that correct?
13             A     Yes.
14             Q     How was the truck that you were
15    involved in the accident with angled in the
16    driveway before the collision?
17             A     Not straight.  Like, you know, not
18    straight, but not -- you know, just kind of
19    angled at about a 45-degree angle, started -- he
20    was starting to pull into the driveway, but had
21    to stop abruptly.  So didn't quite make it
22    around?
23             Q     Do you have an estimated speed of
24    that truck as it passed you before the collision?
25             A     Probably 35.
                                                         53

 1             Q     Until it came to a full stop in
 2    the driveway?
 3             A     I don't know how fast he was going
 4    when he pulled into the driveway.  I just know he
 5    passed me probably going about 35.
 6             Q     About how far were you from the
 7    driveway itself when you saw that the white truck
 8    had come to a stop in the driveway?
 9             A     It happened so fast that I was
10    approaching, going the speed I was going, and
11    probably a -- I mean, a second, a second, two
12    seconds.
13             Q     Okay.
14             A     I saw him up ahead, and I go, Hey,
15    hey, what are you -- you know, then by the time I
16    got the third hey out, I plowed into him.
17             Q     Were you able to take any evasive
18    actions of any kind before the impact?
19             A     I started to -- I started to
20    brake.
21             Q     And what did you --
22             A     And slid right into the truck.
23             Q     And what did you do to starting to
24    brake?
25             A     What did I do?
                                                         54

 1             Q     Yes, to brake?
 2             A     I put on my coaster brake.
 3             Q     So what did that entail exactly?
 4             A     Just putting my feet on backwards.
 5    I have to go in the reverse -- reverse with the
 6    brake pedal.  They don't move as the bike is
 7    moving.  They are not really moving, unless I'm
 8    pedaling, and I wasn't pedaling.
 9             Q     So you started pedaling backwards
10    essentially to brake?
11             A     To brake, yeah.
12             Q     Were you able to use your handle
13    brakes as well?
14             A     It happened so fast, my knee jerk
15    reaction was to put on my coaster brake.  Because
16    the front brake, you'll skid out.
17             Q     When you started pedaling
18    backwards, were you still seated on your bicycle
19    seat?
20             A     Yes, I was.
21             Q     As you started braking with the
22    pedals, did you believe that your bicycle was
23    starting to slow down?
24             A     Yes.
25             Q     Okay.
                                                         55

 1             A     Just barely.
 2             Q     What is your estimated speed of
 3    your bicycle when the collision occurred?
 4             A     Probably about 15 or 17 miles an
 5    hour, 15 miles an hour.  I just started to slow
 6    down probably 15 or maybe 17 miles an hour.
 7             Q     Did you also try to maneuver
 8    around the vehicle before the accident?
 9             A     Well, yeah, I definitely did not
10    set out to hit the vehicle.  It happened so fast,
11    I didn't have time.
12             Q     So but were you able to turn the
13    wheels in one direction or another before the
14    collision?
15             A     I believe I did.  I believe I
16    started -- because the only way I could go, I
17    couldn't go left.  I would have ran into another
18    car, so I started to go right, I guess.  It
19    happened so fast, I couldn't even -- I just
20    started to put on the brakes.  I just -- and I
21    just started to stand up to give it a good -- you
22    know, on, on the brakes and that's when I hit,
23    all just like that.  Because he cut me off.
24             Q     So you were just about to stand up
25    off your bicycle seat to pedal even harder?
                                                         56

 1             A     To try to get it to lay down or
 2    something.  You don't just collide into somebody
 3    when you're on a bike or a motorcycle.  You got
 4    to try to lay it down.  So I just started to -- I
 5    just started to make a turn to --
 6             Q     So when you --
 7             A     Because it totaled my front end.
 8    I just go by what my front end looked like, and
 9    the front end was completely broke off the bike.
10             Q     So when you began turning your
11    wheel to the right, you were intending to lay
12    down your bicycle?
13             A     Yes.
14             Q     And were you able to lay down your
15    bicycle?
16             A     No.
17             Q     What happened then?
18             A     I just slid right into him
19    (indicating).
20             Q     How did you slide into him?
21             A     I don't -- I don't remember.
22             Q     Okay.
23             A     And I just -- like I said, it
24    happened so fast, I put the brakes on, and I hit
25    him, just like that.
                                                         57

 1             Q     What part of your bicycle made
 2    contact with what part of the vehicle?
 3             A     The front end, and my head
 4    (indicating).
 5             Q     So the front wheel of your
 6    bicycle?
 7             A     The front wheel of the bike.  It
 8    was just sort of at an angle.  And my head -- and
 9    my head and my chest hit the vehicle.
10             Q     What part of the vehicle?
11             A     The rear of it.  The rear -- the
12    rear -- you know, the third panel or whatever it
13    is.  It's a truck.
14                   MS. HODGES:  The rear passenger
15    side?
16                   THE WITNESS:  The rear passenger
17    side, yes.
18    BY MS. LONG:
19             Q     When you say the rear passenger
20    side, was there -- is that the type of truck that
21    has two doors, so four doors all together?
22             A     I don't remember if it was a
23    four-door or a two-door.
24             Q     So what part of the passenger side
25    did you --
                                                         58

 1             A     The rear of the truck.  The part
 2    that was sticking out into the bike lane.
 3             Q     So the bed of the truck.
 4             A     Yes.  Sort of the bed getting
 5    close to the cab.  Right there where the crack of
 6    the door is, about halfway.  I would say about
 7    halfway -- halfway -- yeah, about halfway in the
 8    middle of the -- of the car.
 9             Q     Was your bicycle still standing
10    when the contact was made with the truck?
11             A     I'm not sure.
12             Q     What do you recall?
13             A     I recall -- I recall running into
14    the truck.  And I just started to put my brakes
15    on.  I said, Hey, and then I hit.
16             Q     Okay.
17             A     I just started to turn, just kind
18    of turn to the right, and then bam, then I hit
19    him, I know because my left eye is what took the
20    shot in the vehicle.
21             Q     Whether your bicycle was standing
22    up or laying down, you do recall making contact
23    with your body with the truck itself?
24             A     Yes.
25             Q     Okay.
                                                         59

 1             A     That's the only way my front end
 2    could have been taken off of the bike.  The
 3    ground didn't do that.
 4             Q     What part of the front end was
 5    taken off of your bicycle?
 6             A     The entire front was taken off,
 7    the front end.  It was a springer front end.  And
 8    the whole springer was busted right off.  The
 9    hub, the wheel, everything.
10             Q     Okay.
11             A     The bike probably hit him right in
12    the tire, right in the rear portion of the
13    vehicle.  Right from the door -- about halfway
14    between the door and the tailgate.
15             Q     So the front wheel and the hub was
16    off your bike?
17             A     Off my bike.
18             Q     Where was it located?
19             A     Hanging on by a -- hanging on by
20    a -- nothing, because the police officer put it
21    in the back of his vehicle, and it was hanging on
22    by wires.  The wires that connect the hub to the
23    throttle, whatever, the wires were also halfway
24    broken off.  But the whole front end was entirely
25    broken off of the bike.
                                                         60

 1             Q     What part of the truck did your
 2    head make contact with?
 3             A     I believe just the -- the panel,
 4    the panel of the -- of the -- the panel of the
 5    rear of the truck, I believe.
 6             Q     Okay.
 7             A     Pretty close to the door, I guess.
 8             Q     So you were still sitting upright
 9    when your head made contact with the truck?
10             A     I believe so, yes.
11             Q     So what happens once you make
12    contact with the truck?  What happened to your
13    body?
14             A     Just slammed into the truck.
15             Q     And then -- and then what
16    happened?
17             A     The bike and me at the same time.
18    And then I bounced off, and I was laying in the
19    driveway.
20             Q     How were you lying on the
21    driveway?
22             A     On my side, I think.
23             Q     Which side?
24             A     My right side.
25             Q     Which way was your head pointing
                                                         61

 1    on the driveway?
 2             A     I was sort of -- I was sort of --
 3    like my left side of my body hit the truck, and
 4    the bike was laying, you know, just hit it, and
 5    was right there with me.  And then both the bike
 6    and me fell over.
 7             Q     So you fell on your right side?
 8             A     Yes.
 9             Q     Onto the driveway?
10             A     Yes.
11             Q     Was it the area of the driveway
12    that's what they call a driveway apron leading up
13    to the roadway, or was it in the parking lot area
14    of the driveway?
15             A     It wasn't in the parking lot area,
16    it was in the street, on the sidewalk.  Like the
17    sidewalk is right there.  The sidewalk and the
18    bike lane.
19             Q     When you --
20             A     Because my bike was laying on the
21    sidewalk.
22             Q     And so was your body?
23             A     Yeah.
24             Q     Is that a yes?
25             A     Yes.  Sorry, yes.
                                                         62

 1             Q     Which way was your head pointing
 2    towards when you landed on your right side?
 3             A     This way (indicating).
 4             Q     So --
 5             A     To the right.
 6             Q     So was it pointing towards the
 7    parking lot itself, or the roadway?
 8             A     My head?
 9             Q     Yes.
10             A     I just -- I hit him, I hit him and
11    I believe that was more or less still on the
12    bike.  And I hit and the front end broke off, and
13    I just hit, I hit.  I plowed into this vehicle,
14    and it split my eye open, busted my rib, and
15    that's all I remember.
16             Q     And then -- but you recall landing
17    on the sidewalk on your right side?
18             A     I just remember being on the --
19    being on the sidewalk.
20             Q     Do you recall actually falling off
21    the bicycle and landing on the sidewalk?
22             A     Yeah, that's where I kind of
23    rolled off onto the -- like I hit it and
24    ricocheted, bounced off, and I bounced off to the
25    right.
                                                         63

 1             Q     So you were on the sidewalk before
 2    the driveway; is that correct?
 3             A     No.  It was actually the driveway
 4    portion of the sidewalk.  You know, there is
 5    still sidewalk -- is there still sidewalk on a
 6    driveway?  You got the driveway, and then you got
 7    sidewalk.
 8             Q     It just dips in?
 9             A     Yes.  That's where I ended up,
10    right there.
11                   MS. HODGES:  Were you in the dip?
12                   THE WITNESS:  Yeah, I was in the
13    dip.  Not the sidewalk, but the dip portion.
14    Yeah, I was in the driveway.  I'm sorry.
15    BY MS. LONG:
16             Q     Okay.
17             A     There is still sidewalk at the end
18    of the driveway.  You know, it just kind of goes
19    through.
20             Q     When you landed on the sidewalk
21    portion of the driveway, do you recall how your
22    body fell onto that area?
23             A     Just on my side.
24             Q     Just --
25             A     I think.
                                                         64

 1             Q     Okay.
 2             A     I don't remember.  It was kind of
 3    a little -- because I was a little hazy.  I don't
 4    remember exactly.  The last thing I remember was
 5    plowing into him and then just kind of -- you
 6    know, the bike bounced off.  And I bounced off
 7    with the bike.  And then I --
 8             Q     And then you were on the sidewalk?
 9             A     Then I was on the driveway, yeah.
10             Q     The sidewalk portion of the
11    driveway?
12             A     Yeah.
13             Q     Is that a yes?
14             A     Yes.
15             Q     And then what did you do?
16             A     And then I heard somebody say, I
17    think you need an ambulance, dude -- or the cop.
18    Then the cop was sitting there, and he says, You
19    need an ambulance.  And the guy in the truck was
20    saying, No, he don't need an ambulance.  He said
21    that I didn't need an ambulance.  But there was
22    blood all over my face.  I took a picture of it.
23             Q     Where did the officer come from?
24             A     He was -- I don't know.  Somebody
25    called 911.
                                                         65

 1             Q     How much time passed between the
 2    time that --
 3             A     They got there really fast.  A
 4    couple minutes.
 5             Q     So after you landed on the
 6    sidewalk portion of the driveway, did you just
 7    lay there until the police arrived?
 8             A     I got up.  I got up and I was
 9    standing there.  And the guy got out of the truck
10    and -- and I don't remember after that.  I don't
11    remember much until I was in the ambulance
12    really.
13                   I remember somebody saying, Man,
14    you need an ambulance.  I was just kind of
15    standing there, looking around.  I was kind of in
16    shock, you know.
17             Q     Did you have any other
18    conversations with anyone else aside from what
19    you just testified to?
20             A     No, I don't believe I did.  Just
21    the officer said, I think you need an ambulance.
22    And the guy was trying to talk me out of getting
23    an ambulance, the driver of the vehicle.  That's
24    what I remember is him trying to talk me out of
25    getting an ambulance.
                                                         66

 1             Q     Was that before or after the
 2    police arrived that he was trying to talk you out
 3    of it?
 4             A     They were conversing together.  It
 5    was when the police officer was there.
 6             Q     So before the police officer
 7    arrived, did you have any conversations with the
 8    driver of the truck?
 9             A     I don't remember.
10             Q     Before the police arrived, did you
11    talk to anyone else at the scene?
12             A     I don't believe so, no.  I don't
13    remember.
14             Q     What else did you talk with the
15    police officer about?
16             A     Just -- I don't remember.  I don't
17    remember what was said other than he said, You
18    need an ambulance, dude.  That's what he said to
19    me.  I don't remember anything else.
20             Q     Do you remember seeing any other
21    individuals around?
22             A     I think there was a woman there.
23    I think there was a woman in that other vehicle.
24    It seemed like she backed up.  My mind says she
25    backed up and stayed there for a minute.  I don't
                                                         67

 1    know if she ended up staying or whatever, but I
 2    thought I saw a woman in a -- in that white
 3    vehicle or in the other vehicle.
 4             Q     The Jeep?
 5             A     The Jeep, yeah.
 6             Q     And any other conversations that
 7    you recall having while you were at the scene
 8    with anyone?
 9             A     I don't remember.  I don't
10    remember talking to anybody.
11             Q     Do you recall overhearing any
12    conversations aside from what you told us about
13    what the police officer and the truck driver
14    said?
15             A     Yeah.  It was something about
16    whose fault it was.
17             Q     And what did you overhear?
18             A     Well, the police officer said that
19    it was the guy's fault.
20             Q     Did the officer say --
21             A     When I was getting into -- I'm
22    sorry, I didn't mean to cut you off again.
23                   When I was getting into the
24    ambulance, and I -- I remember him saying that --
25    because I asked him, I go -- I go, Man, dude,
                                                         68

 1    this was your fault.  And he was saying, No, it
 2    wasn't my fault.  And the police officer said,
 3    Yeah, it was your fault, to the guy.
 4             Q     So the driver of the truck was
 5    standing nearby you when you were being
 6    transported?
 7             A     He was in the vicinity.
 8             Q     Any other conversations that you
 9    overheard?
10             A     Not that I remember.
11             Q     Between anybody?
12             A     Not that I remember.
13             Q     Did the officer talk to you about
14    how the accident occurred while you were at the
15    scene?
16             A     He asked me -- he asked me how the
17    accident occurred.  And I told him the same thing
18    I'm telling you.
19             Q     Okay.  Did you ever see the police
20    report?
21             A     Did I see the police report?  I
22    have a copy of the police report.
23             Q     And --
24             A     I got it from the Huntington Beach
25    Police Department.
                                                         69

 1             Q     And how many times have you seen
 2    the police report?
 3             A     I have it.  Maybe once, twice.
 4             Q     And when was the last time that
 5    you read the police report?
 6             A     It's been a while.  Maybe a week
 7    or two weeks after I got it.
 8             Q     Did you tell the officer that you
 9    tried to quickly stop your bicycle to prevent
10    broadsiding the truck, and then you lost control
11    over your bicycle?
12             A     I don't recall that.  Nothing
13    about broadsiding.  I tried to stop -- it
14    happened very quickly.  I mean, I tried -- I
15    braked.  I was in the process of braking when I
16    hit.
17             Q     While you were still at the scene,
18    did you overhear the officer and the driver of
19    the truck discussing the fact that you did not
20    make contact with the truck at all?
21             A     Huh-uh.
22                   MS. HODGES:  You have to say yes
23    or no.
24                   THE WITNESS:  Oh, no.
25
                                                         70

 1    BY MS. LONG:
 2             Q     Okay.
 3             A     I don't remember.
 4             Q     Did the officer speak with you
 5    about the possibility that you lost control of
 6    your bicycle right before the accident and struck
 7    the sidewalk itself?
 8             A     No.
 9             Q     When you were speaking with the
10    officer, did you tell the officer that you had
11    physically made contact with the stopped truck?
12             A     I believe so.  I could tell by --
13    I mean, I just know because the front end was --
14    the front end was broken off of the bike.
15             Q     And as you sit here today, you do
16    have a recollection of actually hitting the side
17    of the truck with your bicycle and with your
18    body?
19             A     I believe so, yes.
20             Q     Okay.  When you were at the scene,
21    did you speak with any witnesses?
22             A     Not that I remember.
23             Q     After you left the scene, did you
24    ever speak with the driver of the truck again?
25             A     No, I did not.
                                                         71

 1             Q     Did you ever speak with the police
 2    officer again?
 3             A     No, I did not.
 4             Q     Right after the accident, did you
 5    feel immediate pain in any parts of your body?
 6             A     My chest and my eye.
 7             Q     And your eye area was bleeding?
 8             A     Yeah, I got five stitches in it, I
 9    think five or six stitches in my eye.
10             Q     Where exactly along the eye?
11             A     Above my eyebrow, left side.  And
12    my left rib area was in pain.
13             Q     While you were at the scene before
14    you were transported to the hospital, did you
15    call anybody?
16             A     I don't remember calling anybody.
17             Q     After you had gotten off the
18    sidewalk portion of the driveway, did you look to
19    see where your bicycle was?
20             A     Yes, it was on the sidewalk.
21             Q     About how far away from you?
22             A     Or, you know, on the sidewalk
23    portion, I believe of the sidewalk.  It was on
24    the sidewalk.
25             Q     Okay.
                                                         72

 1             A     Sidewalk portion of the driveway,
 2    right next to the driveway.
 3             Q     So where was your bicycle in
 4    relation to where you were on the sidewalk
 5    portion of the driveway?
 6             A     Where was my bike?
 7             Q     Yes.
 8             A     It was in the -- on the driveway
 9    portion of the sidewalk.
10             Q     So was it directly next to you?
11    Was it further into the parking lot, further into
12    the roadway?
13             A     No, it was like imagine
14    ricocheting off of something, bouncing off of it,
15    it was right on the sidewalk portion, right next
16    to the driveway.
17             Q     So on the driveway itself, the
18    white truck was partially on the driveway, as
19    well, correct, because it was fully stopped?
20             A     Yes.
21             Q     Is that a yes?
22             A     Yes.
23             Q     Okay.  So in relation to the
24    truck, where was the bicycle lane when you
25    noticed it after the accident?
                                                         73

 1             A     I think the cop moved it -- moved
 2    it onto the sidewalk.  I'm not sure, the police
 3    officer.  I think he moved it out -- so people
 4    could get on and off the driveway.  Or if I moved
 5    it or the police officer moved it, I don't know.
 6             Q     Okay.
 7             A     I don't remember.
 8             Q     Do you recall where your bicycle
 9    initially landed on the sidewalk portion of the
10    driveway before it was moved?
11             A     I feel like I'm answering the same
12    question over and over and over.
13                   It was on the sidewalk portion of
14    the driveway.
15             Q     Yes.  So where in relation to the
16    truck?  Was it in front of the truck?  On the
17    side of the truck?
18             A     On the side of the truck.
19             Q     Okay.  So was it closer to the
20    front wheel or the back wheel passenger side?
21             A     The rear wheel, the rear wheel.
22             Q     Okay.
23             A     In between both wheels.  Closer to
24    the rear wheel.
25             Q     And how was the bicycle laying in
                                                         74

 1    relation to the truck?  Was it facing the
 2    passenger side of the truck, or was it laying
 3    parallel?
 4             A     Laying parallel, I think.
 5             Q     Okay.  So the front wheel of the
 6    bicycle was pointing towards the parking lot
 7    where Carl's Jr. is?
 8             A     Yes.
 9                   MS. HODGES:  I hope you're not
10    guessing, because you're supposed to just stick
11    to what you saw.
12                   THE WITNESS:  That's what I saw,
13    the bike laying there next to the truck.  I can't
14    tell you -- it just feels redundant.  It's the
15    same question.  The bike was laying next to the
16    truck.
17    BY MS. LONG:
18             Q     And you landed on the sidewalk
19    portion of the driveway next to your bicycle,
20    correct?
21             A     With the bike.
22             Q     The bicycle still was with you
23    when you --
24             A     Between my legs when I hit, when I
25    hit, you know.
                                                         75

 1             Q     And then when you fell?
 2             A     And then when -- like I said, me
 3    and the bike both hit, and then I -- and then I
 4    just kind of, you know, bounced off.  And the
 5    bike was laying there.  And I was laying there.
 6    And that's all I remember.
 7             Q     So when you were laying on the
 8    sidewalk, was the bicycle still with you?  Were
 9    you still on the seat, except on the ground?
10             A     Next to it, I was next to it on
11    it.  It was between my legs, and I rolled over
12    and got off the bike.  You know, like the bike --
13    I moved the bike out of my way.  I don't
14    remember.  I don't remember where my legs were in
15    position or where the bike exactly was, you know,
16    where the truck -- I couldn't tell you.
17                   I assume we bounced off and were
18    laying there in the driveway.
19             Q     Do you know who called the
20    ambulance?
21             A     I don't remember.
22             Q     About how long did it take for the
23    ambulance to arrive?
24             A     I think maybe ten minutes, fifteen
25    minutes.  The fire department was right there
                                                         76

 1    where I came from at the park.  I don't know if
 2    that's who came, you know, if it was them or not.
 3    I don't remember.  I just remember getting in an
 4    ambulance.
 5             Q     During that 10 to 15 minutes that
 6    you were waiting for the ambulance, where were
 7    you?
 8             A     In the driveway on the sidewalk,
 9    on the side of the road.
10             Q     Were you standing or seated?
11             A     Probably both.
12             Q     Do you recall?
13             A     I think I was standing.
14             Q     On the sidewalk?
15             A     And I kneeled down.  At one point
16    I kneeled down.  I was just kind of kneeling
17    there, because I was feeling a little woozy.
18             Q     And you were bleeding?
19             A     Yes.
20             Q     Was it heavy bleeding?
21             A     Yes.
22             Q     Did anyone --
23             A     Blood all over my face.
24             Q     Did anyone assist you with the
25    bleeding?
                                                         77

 1             A     No.
 2             Q     Did you observe the driver of the
 3    truck doing anything after the accident aside
 4    from speaking with you and the police officer?
 5             A     No.
 6             Q     Did the truck remain in the
 7    driveway?
 8             A     I think so.
 9             Q     Okay.
10             A     I'm not sure if he moved -- he
11    might have moved up.  I don't --
12                   MS. HODGES:  Just say you don't
13    know.
14                   THE WITNESS:  I don't know.
15                   MS. HODGES:  Okay.
16                   THE WITNESS:  I don't know.
17    BY MS. LONG:
18             Q     Did you take any photographs while
19    you were at the scene?
20             A     Yeah, of me and my bike.
21             Q     And how did you take the
22    photographs?
23             A     By cell phone.
24             Q     Do you still have those photos?
25             A     I do.
                                                         78

 1             Q     Is it still on your cell phone?
 2             A     Not on my current phone right now,
 3    but I still have them.  I downloaded them onto
 4    Google.
 5             Q     When you took a photograph of
 6    yourself at the scene, you just took a selfie,
 7    basically?
 8             A     Uh-huh.
 9             Q     Is that a yes?
10             A     Yes, that is a yes.
11             Q     Okay.  Did you take more than one
12    photograph?
13             A     Yes, I did.  And I took a video
14    while I was inside the ambulance.
15             Q     When you took photographs of the
16    bicycle, where was the bicycle when you took
17    photographs of it at the scene?
18             A     Laying on the sidewalk.
19             Q     Was this right after the accident?
20             A     No, this was when -- after the
21    police officer got there.
22             Q     Was this after either you or the
23    police officer had moved the bicycle?
24             A     After -- yeah, I don't know.
25             Q     When you took the photograph of
                                                         79

 1    the bicycle, was it laying on the ground, or was
 2    it propped upright?
 3             A     No, it was laying on the ground.
 4    It couldn't prop up.
 5             Q     Okay.
 6             A     It was unable to be propped up.
 7             Q     It has no kickstand?
 8             A     No, it had no front end.
 9             Q     Okay.
10             A     The front end was torn off the
11    bike.
12             Q     How many photographs did you take
13    of the bicycle?
14             A     Two.
15             Q     And then when you took your video
16    inside the ambulance, what was the video of?
17             A     Me in the ambulance.
18             Q     Were you seated or laying down?
19             A     I was laying down on a gurney.
20             Q     And so when you took a video of
21    yourself in the ambulance, was it just of your
22    face or --
23             A     No, ambulance driver was behind
24    me.  You know, the ambulance guy was in there,
25    too.
                                                         80

 1             Q     Were you talking in the video?
 2             A     I think so.
 3             Q     What were you saying?
 4             A     I don't know.  I would have to get
 5    that video out and look at it.
 6             Q     What was the reason why you took
 7    photos of yourself at the accident scene?
 8             A     The reason for it?
 9             Q     Yes.
10             A     Because that's what you do when
11    you get into an accident.  You take photos to see
12    who is at fault and who is-- you know.
13             Q     Did you --
14             A     Obviously, there was blood all
15    over me.  I wanted pictures of that.
16             Q     Did you take photographs of the
17    truck that was involved in the accident?
18             A     I don't believe I did, no.
19             Q     Did you take photographs of the
20    scene where the accident took place?
21             A     I did.
22             Q     How many photographs of the scene
23    did you take?
24             A     I don't know -- I don't even
25    remember if it was at the time.  I went back to
                                                         81

 1    the scene and I took photographs of the general
 2    area, I mean, the area that the accident happened
 3    in.  And you could see it was a solid line in
 4    front of the driveway.  It was not a broken line.
 5    It starts breaking at the halfway mark of the
 6    driveway.
 7             Q     So on the day of the accident, you
 8    only took photographs of your own injury, your
 9    bicycle, and then took a video of yourself while
10    in the ambulance?
11             A     That's correct.
12             Q     Okay.  And then on another day,
13    you went back to take photographs of the general
14    area where the accident took place?
15             A     Yeah, because I wanted to see if
16    that was a broken line, or if it was a solid line
17    for the bike lane portion, to see if he broke the
18    line, which he did.
19             Q     Was there a reason why you did not
20    take photographs of the truck itself?
21             A     I didn't -- I don't think I
22    thought to.
23             Q     What --
24             A     I was more concerned with myself.
25             Q     When you were in the ambulance,
                                                         82

 1    were you narrating the video about where you were
 2    and what you were doing?
 3             A     Yes.
 4             Q     And what were you saying?
 5             A     Just I got into an accident, I
 6    think.  I have to go back -- again, I would have
 7    to look at the video.
 8             Q     Was it just a video, or were you
 9    streaming it to someone?
10             A     I wasn't streaming it to anybody.
11    I was just taking a video to prove that I was in
12    an ambulance being taken off to the hospital.
13             Q     Did you speak with the paramedics
14    while you were in the ambulance while taking the
15    video?
16             A     I don't remember.
17             Q     How long did your video last for
18    approximately?
19             A     A minute.
20             Q     Were you taking the video while
21    the paramedics were assisting you inside the
22    ambulance?
23             A     Yes, I did.
24             Q     What were they doing?
25             A     They were aware.  They were just
                                                         83

 1    putting, I think, an IV on me and doing what they
 2    do.
 3             Q     When did you return to the scene
 4    to take photographs?
 5             A     That was a couple of weeks later.
 6    Maybe a month later.
 7             Q     Did you do it more than one time?
 8             A     No, just once.
 9                   We are in that area a lot.
10             Q     And again, you have all these
11    videos and the -- the photographs somewhere at
12    home?
13             A     Yes, I do.
14             Q     So once you got to -- strike that.
15                   You were familiar with this area?
16             A     Yes.
17             Q     Before the accident occurred, how
18    many times had you traveled in this area on
19    Magnolia before?
20             A     Maybe --
21                   MS. HODGES:  I'm sorry.  Can you
22    just clarify, on bicycle or in a vehicle?
23    BY MS. LONG:
24             Q     Why don't we start with a bicycle?
25             A     Probably 20.
                                                         84

 1             Q     And you had taken that same route
 2    to go to the park and then return home?
 3             A     Pretty much, yes.
 4             Q     Were you familiar with that
 5    driveway with the Carl's Jr.?
 6             A     Am I familiar with it?
 7             Q     Yes.  Had you ever gone --
 8             A     Could you clarify what you mean by
 9    that?
10             Q     Yes.
11                   Have you ever gone into that
12    driveway, yourself, in a car?
13             A     Yes.
14             Q     More than once?
15             A     Many times.
16             Q     And what -- how wide is that
17    driveway?
18             A     As wide and a normal driveway.
19    Enough for two vehicles to get in and out.
20             Q     At the same time?
21             A     Yeah, one going in, one coming
22    out.
23             Q     What do you think had happened on
24    the day of the accident with the Jeep that
25    prevented the truck from entering the driveway?
                                                         85

 1                   MS. HODGES:  Objection; calls for
 2    speculation, lacks foundation.
 3                   THE WITNESS:  I don't -- I don't
 4    know.  I mean, I think that it was blocking the
 5    driveway a little bit.  And that's why the guy
 6    had to stop abruptly in the bike lane, cutting me
 7    off.
 8                   But I don't know for sure why he
 9    stopped abruptly in the bike lane, cutting me
10    off.  I don't know why he did that.  I'm assuming
11    that it was --
12                   MS. HODGES:  Okay.  You need to
13    just wait for the question, please, okay.
14                   Since there is no question, I just
15    need to take a second.
16                   MS. LONG:  Sure, off the record.
17                   (Brief recess.)
18    BY MS. LONG:
19             Q     Before the accident occurred, how
20    many times had you been in that driveway itself
21    driving a car, approximately?
22             A     25.
23             Q     Had you personally ever had
24    difficulties trying to go into the driveway when
25    a car was exiting?
                                                         86

 1             A     I don't recall.
 2             Q     Had you ever observed another car
 3    having difficulties entering the driveway because
 4    of another car was trying to exit?
 5             A     No.
 6             Q     Since the accident, have you gone
 7    past that area either in a car or walking or
 8    bicycling?
 9             A     Yes.
10             Q     How many times?
11             A     I don't know.
12             Q     Do you have an estimate?
13             A     20.
14             Q     Have you gone into that driveway
15    to do things, you know, go to the stores there or
16    go to the restaurants there?
17             A     Yes.
18             Q     When you're operating your
19    bicycle, does it make motorized sounds?
20             A     Yes.
21             Q     And what does that motorized sound
22    like?
23             A     It's a buzzing.
24             Q     When your electric bicycle is
25    braking, does it also make some type of a braking
                                                         87

 1    sound?
 2             A     No.
 3             Q     When you saw the Jeep in the
 4    driveway stopped, what was its positioning in
 5    relation to the truck, the white truck?  So what
 6    I mean by that is, where was the rear bumper of
 7    the Jeep in relation to the front bumper of the
 8    white truck when they were both stopped before
 9    the accident occurred?
10             A     I would say that the bumper of the
11    other vehicle was probably at right around the
12    front quarter panel of the vehicle that stopped
13    in front of me.
14             Q     Okay.
15             A     Just past the bumper, just past
16    the bumper.
17             Q     So the white truck was at an angle
18    of about 45 degrees in the driveway, correct,
19    when it was stopped?
20             A     Approximately.
21             Q     And then the white -- strike that.
22                   And then the Jeep that was trying
23    to exit the driveway was perpendicular to the
24    roadway?  90 degrees?
25             A     Yeah, he was straight on, yeah.
                                                         88

 1             Q     Okay.  Where was the front bumper
 2    of that Jeep in relation to the roadway itself?
 3                   MS. HODGES:  Objection; calls for
 4    speculation.  He couldn't even see it.
 5                   THE WITNESS:  I don't know.
 6    BY MS. LONG:
 7             Q     But the rear bumper of the Jeep
 8    was in line with the front quarter panel of the
 9    white truck?
10             A     What do you mean?
11             Q     That's what you just testified to?
12             A     Yeah, I believe it was probably
13    about -- I mean, between the -- between the
14    bumper and the quarter panel, you know, there is
15    that area where the engine compartment is.  It's
16    like about halfway, I guess, I think.
17             Q     So the rear bumper --
18             A     I don't know.  There is a better
19    answer.  I mean, I really don't know.  I don't
20    know.  I wasn't on that side of the vehicle.  I
21    was on this side of the vehicle (indicating).
22             Q     Let me ask you a different
23    question.
24                   When you -- strike that.
25                   Just before the accident occurred,
                                                         89

 1    you were able to see a portion of the Jeep
 2    stopped in the driveway, correct?
 3             A     Very, very slight, very quickly.
 4             Q     What portion of the Jeep were you
 5    able to see beyond the white truck before the
 6    collision occurred?
 7             A     I didn't see any of the front of
 8    the -- of that vehicle.
 9             Q     But you saw the rear of the Jeep
10    before the collision, correct?
11             A     Yes.
12             Q     That was stopped?
13             A     Yes.
14             Q     What portion of the rear of the
15    Jeep were you able to see before the collision?
16             A     What portion of what?
17             Q     What portion of the Jeep were you
18    able to see stopped on the driveway before the
19    collision?
20             A     I don't remember.
21             Q     When you just testified that the
22    rear bumper of the Jeep was at the front quarter
23    panel of the white truck, what did you mean by
24    that?
25             A     Okay, okay.  The Jeep was getting
                                                         90

 1    ready to pull out.  It was at the -- at the curb,
 2    at the -- in the -- into the sidewalk, starting
 3    to make its turn, but didn't start going yet, it
 4    pulled out.  Okay.
 5                   And the vehicle that I collided
 6    into came in like this (indicating), and then had
 7    to stop, because it couldn't make -- can't go all
 8    the way around.  That's the best I can explain
 9    it, and that's all I can say about that really.
10             Q     So what portion of the Jeep were
11    you able to see beyond the white truck when they
12    were both stopped in the driveway before the
13    collision?
14             A     I could just see --
15                   MS. HODGES:  Objection; asked and
16    answered.
17                   THE WITNESS:  I don't know.  I saw
18    the top of the vehicle.
19    BY MS. LONG:
20             Q     Of the Jeep?
21             A     Yes.
22             Q     So when you testified earlier that
23    the rear bumper of the Jeep was at the front
24    quarter panel of the white truck, what did you
25    mean by that?
                                                         91

 1             A     Well, I just know by how the
 2    vehicle pulled in, how he pulled in and where he
 3    was stopped, he was taking up the entire bike
 4    lane, and the other car was behind.  So I could
 5    see actually more of the rear of the Jeep than
 6    the front.
 7                   I'm just -- I'm estimating, and
 8    you don't want my estimation.
 9             Q     No, estimation is perfectly all
10    right.
11                   MS. HODGES:  No guessing.
12    BY MS. LONG:
13             Q     So what portion of the Jeep were
14    you able to see?
15             A     I'm guessing.  I mean, I don't
16    know.  I don't know exactly.  I'm using common
17    sense here is what I'm doing.
18             Q     Well, we want you to testify to
19    what you recall.
20             A     And what I recall is I recall
21    seeing a Jeep there in the driveway taking up
22    part of the sidewalk, and the vehicle coming in
23    and stopped abruptly in front of me, causing me
24    to run into him.
25             Q     But you were still able to see the
                                                         92

 1    rear portion of the Jeep when both vehicles were
 2    stopped in the driveway?
 3             A     Yeah, I think so, yeah, yeah.
 4             Q     Is that a yes?
 5             A     Yes.
 6             Q     Were you able to see the rear tire
 7    of the Jeep?
 8             A     No.
 9             Q     Which hospital were you taken to?
10             A     UCI.
11             Q     And were you seen by a doctor?
12             A     I was seen by a bunch of
13    specialists, bunch of doctors.
14             Q     What were the complaints that you
15    reported?
16             A     That starting from the top of my
17    head, that I was obviously bleeding, my eye was
18    bleeding.  My face was full of blood.
19                   I remember feeling a little woozy.
20    I remember my chest was hurting.  It felt like a
21    rib was going into my lung.  And that -- and my
22    lower back was out of whack.
23             Q     And any other complaints that you
24    reported to the doctors?
25             A     Just that I had some severe chest
                                                         93

 1    pain and -- and that I was feeling woozy.
 2             Q     Did the doctors order testing for
 3    you?
 4             A     Yes.
 5             Q     Such as x-rays?
 6             A     Yes.
 7             Q     And to what areas of your body?
 8             A     My entire body basically, my head,
 9    my chest, my back, my lower pelvic area, legs,
10    arms.  They checked everything, CT scan.
11             Q     Did the doctors discuss with you
12    the results of the CT scan?
13             A     Yes.
14             Q     What did they tell you about them?
15             A     That I had a broken rib.  And
16    that -- and that my back was out of line.  And
17    that I needed stitches on my eye.  They stitched
18    me up right there.  And that I might want to see
19    a -- I had a -- you know, a -- to see if I had a
20    concussion or not.
21             Q     Were you seen by a specialist to
22    check on that?
23             A     Uh-huh.
24             Q     Is that a yes?
25             A     Yes.
                                                         94

 1             Q     And what were you told by the
 2    specialist about the concussion?
 3             A     That the reason that I was feeling
 4    woozy is I probably had a concussion.
 5             Q     What treatment did they recommend
 6    for the concussion?
 7             A     Follow up with another specialist.
 8             Q     How long were you at the hospital
 9    that day?
10             A     About six hours, seven hours.
11             Q     Were you prescribed any other type
12    of treatment or medication at the ER?
13             A     No, not that I'm aware of.  Not
14    that I remember.
15             Q     And how -- how did you leave the
16    hospital?
17             A     They took me out in a wheelchair,
18    and then I called my wife and had her pick me up.
19             Q     When was the next time you saw any
20    type of healthcare providers for your car
21    accident injuries?
22             A     I think it was a couple of weeks.
23             Q     And who did you see next?
24             A     I saw Dr. -- no, that's not true.
25    That next week -- I'm sorry, you can strike that
                                                         95

 1    or whatever, but next week, the next week I saw
 2    my pain management doctor.  And he went over my
 3    CT scan, and he said that there were some issues
 4    with my back that weren't there before.
 5             Q     And who was your pain management
 6    doctor before the car accident?
 7             A     Dr. Lei.
 8             Q     So he read your CT scans from the
 9    ER?
10             A     Yes.
11             Q     And what was he concerned about?
12             A     My lower back.
13             Q     What did he tell you about that?
14             A     That I had some additional
15    alignment problems, and that I was probably in --
16    I was in much more pain than I had been in.
17             Q     Before the accident, how was
18    Dr. Lei treating you for your --
19             A     Pain medication.
20             Q     And that was for your low back?
21             A     Yes.
22             Q     And --
23             A     And then there was some additional
24    middle of my back or upper back issues that I
25    didn't -- that I didn't have prior to the
                                                         96

 1    accident.  That's all in his report, though.
 2             Q     So Dr. Lei told you that after the
 3    accident, you were now having mid and upper back
 4    issues in addition to your low back problem?
 5             A     Yes.
 6             Q     Did he recommend any type of
 7    treatment for those new complaints?
 8             A     Recommended to get some
 9    injections, but I got a fear of needles, and I
10    didn't go in that direction.  I just continued my
11    swimming therapy.
12             Q     Before the car accident, what was
13    your swimming therapy that you did?
14             A     I swam in a pool.
15             Q     How many times a week?
16             A     Twice a week.
17             Q     Do you swim with a therapist?
18             A     No, I do not.
19             Q     You just go to a gym with a pool?
20             A     Yes, I do.
21             Q     After the accident, what changed
22    in terms of your pain management?
23             A     They upped my medication, because
24    I was in severe pain, mostly from my rib.
25             Q     Okay.
                                                         97

 1             A     Felt like it was puncturing my --
 2    I couldn't breathe half the time.  When I would
 3    breathe in, it was extremely painful.  I had to
 4    go back to the ER, which I went back to an ER
 5    about three weeks after, because it was so
 6    intense, I couldn't breathe.
 7             Q     What did the ER doctors do for
 8    you?
 9             A     They just said that there is --
10    they understand the pain.  That I would have to
11    go and -- I couldn't get any other pain
12    medication, because I'm already seeing a pain
13    specialist.  So I followed up with him again, and
14    he just upped my dose of hydrocodone.  Because it
15    was very difficult to sleep at night.  That
16    helped tremendously, just that one extra pain
17    medicine in the middle of the night helped --
18    helped a lot.
19             Q     Aside from an additional dosage of
20    your pain medication, was there anything else
21    that was recommended for Dr. Lei because you did
22    not wish to have any injections done?
23             A     No.
24             Q     Where were the injections being
25    recommended for?  What part of your body?
                                                         98

 1             A     My spine.
 2             Q     Have you ever had any injection
 3    therapy before?
 4             A     No.  I had -- I had a myelogram
 5    before, and they put a needle in my back, and
 6    that was enough for me.  Very painful.
 7             Q     So even though injections have
 8    been recommended for you for this car accident
 9    complaints, you have no plans to go forward with
10    them?
11             A     No, I do not.
12             Q     Is that correct?
13             A     I can't give you that answer if I
14    decide to do it or not.  I don't know.
15             Q     But for --
16             A     Right now, the pain medication is
17    working, so that's what I'm -- that's what I'm
18    staying with.
19                   I hope I answered that.
20             Q     Did you see any other healthcare
21    providers aside from the ones that we just talked
22    about for your car accident?
23             A     Did I say Dr. Price?
24             Q     No.
25             A     Dr. Price is another -- he's a
                                                         99

 1    specialist, a back and bone doctor, an
 2    orthopedic.
 3             Q     Were you seeing Dr. Price before
 4    the bicycle accident?
 5             A     No, I was not.
 6             Q     Who referred you to Dr. Price?
 7             A     The attorneys did.
 8             Q     How many times did you see
 9    Dr. Price?
10             A     Twice.
11             Q     On your first visit with
12    Dr. Price, what were the complaints that you
13    reported?
14             A     Just that I had some -- that this
15    rib over here was killing me.  And that, you
16    know, my back felt -- my back felt out of whack.
17             Q     And --
18             A     I was having additional pain in
19    the upper region of my back, when I never had
20    that before.
21             Q     Did Dr. Price examine you on your
22    first visit with him?
23             A     Yes, he did.
24             Q     Did he recommend any other testing
25    for you?
                                                        100

 1             A     Yes.
 2             Q     What were they?
 3             A     To go and have a brain -- to go
 4    have my head tested, my brain, to see if there
 5    was a concussion.  That's all in the report.
 6             Q     And what did he tell you about the
 7    results of the MRI's?
 8             A     That's in the report.
 9             Q     Do you recall what was discussed?
10             A     No, I don't.
11             Q     After you had the MRI's done, did
12    you receive any further recommendations for
13    treatment from Dr. Price?
14             A     Yeah, but they would be very
15    expensive to do what he asked.  It's in the
16    report.  You have to ask him or check the report.
17             Q     What was it that he asked --
18             A     It was a very expensive test for
19    the brain.  And they did -- they did some
20    testing, but it required deeper testing, and it's
21    a lot of money.
22             Q     So due to the cost involved, you
23    did not do the test?
24             A     That's correct.
25             Q     Anything else that he recommended?
                                                        101

 1             A     No, not that I recall.
 2             Q     And then on your second visit with
 3    Dr. Price, you complained about the same issues
 4    with the ribs and the upper back and low back?
 5             A     Yes.
 6             Q     And any other recommendations for
 7    treatment for you from Dr. Price aside from what
 8    you have already testified to?
 9             A     No, I don't -- I don't believe so,
10    no.
11             Q     Any other healthcare providers
12    that you have seen since the accident?
13             A     No.
14             Q     Do you currently have any
15    scheduled appointments to see any healthcare
16    providers?
17             A     Yes.
18             Q     Who?
19             A     Dr. Lei.
20             Q     And when are you planning on
21    seeing him?
22             A     I see him on January of -- or
23    February 3rd, I believe.
24             Q     And what is the reason for that
25    appointment?
                                                        102

 1             A     Because I see him monthly.
 2             Q     And that was your scheduled
 3    appointment before the accident, as well?
 4             A     Yeah.  Well, no, we schedule them
 5    every time I go into an appointment, we schedule
 6    the next month.
 7             Q     But that was in place before the
 8    car accident?
 9             A     Yes.
10             Q     And normally, you would go see
11    Dr. Lei to get refills on your pain medication?
12             A     Correct.
13             Q     Is that what you're planning on
14    doing next month, as well?
15             A     Yes.
16             Q     Any other healthcare providers
17    that you are planning on seeing for your
18    accident-related injuries?
19             A     No.
20             Q     Mr. Sandstrom, did you have issues
21    with disorientation following the accident?
22             A     Yes.
23             Q     Is that yes?
24             A     Yes, that is a yes.
25             Q     And what is that specifically?
                                                        103

 1             A     Just -- I was getting some
 2    headaches.  I wasn't able to sleep at night from
 3    the pain in my -- from the pain in my chest from
 4    the -- from my broken rib.  It was very difficult
 5    to sleep at night, but the head -- I was getting
 6    headaches and just feeling kind of woozy, you
 7    know, sleeping a lot during the day.  I don't
 8    normally sleep during the day.
 9             Q     Were you having issues with
10    intermittent disorientation to place and time
11    since the accident for a period of time?
12             A     Not that I'm aware of.
13                   MS. HODGES:  Do you understand the
14    question?
15                   THE WITNESS:  Disorientation from
16    place and time?
17    BY MS. LONG:
18             Q     Disorientation to place and time?
19             A     No.
20                   Like you're talking about lately?
21             Q     Or any time since the accident?
22             A     Yeah, in the beginning, yeah.
23             Q     And that had to do with the
24    headaches?
25             A     Yeah.
                                                        104

 1             Q     And sleeping more?
 2             A     Yeah.
 3             Q     Is that a yes?
 4             A     That is a yes, yes.
 5             Q     Any other symptoms that you
 6    experienced having to do with disorientation?
 7             A     No, not that -- not that I
 8    remember.
 9             Q     After the accident, did you
10    experience any loss of consciousness?
11             A     No.
12             Q     So you remember everything after
13    the accident?  There isn't a time period where
14    you felt you blacked out?
15             A     Directly after the accident, yeah.
16             Q     Is that a yes?
17             A     Yes, that's a yes.
18             Q     Okay.
19             A     Just as I lost -- I felt like I --
20    my memory is a little -- isn't good from the time
21    of the accident, you know, for ten, fifteen
22    minutes after, I was very woozy.  I don't know
23    that I lost time, but I was feeling very woozy.
24             Q     Did any of your healthcare
25    providers talk to you about getting a
                                                        105

 1    neuropsychology consultation?
 2             A     Yes.
 3             Q     And which doctor was that?
 4             A     Dr. Price.
 5             Q     And what was it that you discussed
 6    with him about your --
 7             A     That it was going to cost a lot of
 8    money.
 9             Q     Oh, that's the expensive test that
10    you're referring to?
11             A     Yes, yes.
12             Q     What symptoms were you
13    experiencing that you discussed with Dr. Price
14    that led to his recommendation for a
15    neuropsychology --
16             A     Just headaches, lightheadedness
17    and sleeping a lot.
18             Q     How long did that last for where
19    you were feeling dizzy and had headaches with the
20    lightheadedness?
21             A     A few weeks, maybe a month.
22             Q     And after that, that resolved?
23             A     Yeah, it just kind of dissipated.
24    The headaches slowly went away.
25             Q     And how long did it take before
                                                        106

 1    the headaches went away?
 2             A     About a month, two months, a month
 3    or two.
 4             Q     And during those one to two
 5    months, were you having headaches every day?
 6             A     Probably about every other day.  I
 7    was taking a lot of ibuprofen and a lot of --
 8             Q     And when you did have headaches
 9    three to four times a week, what was the pain
10    level like on a pain scale from zero to ten?
11    Zero being no pain and ten being --
12             A     Six or seven.
13             Q     And did taking ibuprofen help?
14             A     Yes.
15             Q     And was it just the
16    over-the-counter dosage?
17             A     Yeah, well, what my doctor -- what
18    they prescribed me, you know, ibuprofen, 6- or
19    800-milligram.
20             Q     So it was prescribed ibuprofen?
21             A     I have prescribed ibuprofen, and I
22    was taking a lot of it, more than normal, which
23    concerned Dr. Lei.
24             Q     How long did the lightheadedness
25    and feeling woozy last for?
                                                        107

 1             A     Over a month.
 2             Q     And were you taking any medication
 3    for that?
 4             A     No.
 5             Q     And it just kind of --
 6             A     Not outside of the ibuprofen and
 7    my regular meds.
 8             Q     Any other complaints that you
 9    discussed with Dr. Price about your neuropsych
10    evaluation?
11             A     No, not that I remember.
12             Q     Have you gone back and spoken with
13    any healthcare providers about any
14    neuropsychological issues since speaking with
15    Dr. Price?
16             A     No.
17             Q     Have you had any ongoing issues
18    with that since that initial one to two month --
19             A     No, like I said, they dissipated.
20             Q     So you have no plans at this point
21    to seek any neuropsychological consultation,
22    correct?
23             A     I can't say that.  We'll see how I
24    feel as time goes on.
25             Q     But since the initial one to two
                                                        108

 1    months, those symptoms have dissipated?
 2             A     Yeah, they have dissipated.
 3             Q     Okay.  Have you seen any other
 4    healthcare providers aside from the ones we just
 5    talked about for your car accident injuries?
 6             A     No.
 7             Q     At the time of the accident, did
 8    you have a primary care doctor or a family doctor
 9    that you went to see for regular things?
10             A     Yes, yes.
11             Q     And who was that?
12             A     Dr. Chang.
13             Q     And how long has Dr. Chang been
14    your primary care doctor?
15             A     Three or four, maybe five years.
16             Q     And where does he work out of?
17             A     Fountain Valley.
18             Q     What is the name of his practice?
19             A     Dr. Chang.  I don't know what the
20    name of his practice is.
21             Q     Is he part of like a medical
22    group, like Kaiser or Scripps?
23             A     Talbert Group.
24             Q     Where is his office located in
25    Fountain Valley?
                                                        109

 1             A     On Warner and Euclid in Fountain
 2    Valley.
 3             Q     Is Dr. Chang the one who has been
 4    guiding you with your cardiac issues?  Is he the
 5    one you see for physicals?
 6             A     He's not my cardiologist, no, but
 7    he's the one I see for physicals, yes.
 8             Q     Who is Dr. Larry Ho, who works out
 9    of Rockfield Boulevard in Irvine?
10             A     That's Dr. Lei's partner.  He sees
11    me once in a while when Dr. Lei is not in the
12    office.
13             Q     And Dr. Price is part of Pledge
14    Medical in Newport?
15             A     Yes.
16             Q     Is Dr. Chang part of Memorial Care
17    Orange Coast on Talbert Avenue in Fountain
18    Valley?
19             A     No, not that I -- no.  I don't
20    know, I don't know.  I don't think so.
21             Q     Do you know that medical office,
22    Memorial Care Orange Coast on Talbert Avenue in
23    Fountain Valley?
24             A     Yeah.  That's a hospital.
25             Q     And that's not where Dr. Chang is?
                                                        110

 1             A     No.
 2             Q     At the time of the accident, did
 3    you have health insurance through Medicare?
 4             A     Yes.
 5             Q     Okay.  Do you still have Medicare?
 6             A     Yes.
 7             Q     Have your bills for the emergency
 8    room treatment been processed through Medicare?
 9             A     I would assume so.  I don't know.
10             Q     How about your ambulance bill?
11             A     I don't know.
12             Q     Have you processed your treatment
13    with Dr. Price through Medicare?
14             A     I don't think so.
15             Q     Do you have an agreement with
16    Dr. Price's office to pay him once this lawsuit
17    is resolved?  Do you have a lien agreement with
18    him?
19             A     I don't know.
20             Q     How about your imaging that you
21    did of the brain with Precise Imaging?  Have you
22    processed those through Medicare?
23             A     No.
24             Q     Do you have an agreement with them
25    to pay them once the lawsuit is resolved?
                                                        111

 1             A     I don't know.  I would say yes.
 2             Q     Okay.
 3             A     But I don't know.
 4             Q     How about your treatment with
 5    Dr. Lei and Dr. Ho, the pain management?  Have
 6    you been processing those through Medicare?
 7             A     Yes.
 8             Q     Even before the accident?
 9             A     Yes.
10             Q     And are you continuing to do that?
11             A     Yes.
12             Q     Do you know who Dr. Gabriel
13    Sudario is?
14             A     No.
15             Q     Now, I would like to ask you some
16    questions about your current condition.
17                   I don't mean just today, but just
18    how you have been feeling the last couple of
19    months or so.
20             A     Okay.
21             Q     Do you still have ongoing
22    complaints that you attribute to the accident?
23             A     I believe it's pretty much
24    subsided.
25             Q     So in your discovery responses,
                                                        112

 1    you indicated that you had injury to your head,
 2    back, rib and eyes?
 3             A     Yes.
 4             Q     Are you having any ongoing issues
 5    with your head?
 6             A     I am not.
 7             Q     And again, that kind of dissipated
 8    within a couple months?
 9             A     As time went on.
10             Q     Is it fair to say within two
11    months or so of the accident?
12             A     Two -- two, three months, yeah.
13             Q     Okay.  And when you say the head,
14    that includes the headaches and the wooziness and
15    the dizziness?
16             A     Yes.
17             Q     Okay.  Are you having any ongoing
18    complaints as to your upper back?
19             A     Yes.
20             Q     On average, how many times a week
21    do you have upper back pain?
22             A     I would say twice a week.
23             Q     And when you do have upper back
24    pain, what is the pain level like?  And you can
25    give me a range between zero to ten.
                                                        113

 1             A     About six to seven.
 2             Q     And do you continue to take pain
 3    medication?
 4             A     Yes, I do.
 5             Q     And is that hydrocodone?
 6             A     Yes.
 7             Q     Do you still have any ongoing
 8    issues with your mid-back that you attribute to
 9    the car accident?
10             A     Yes.
11             Q     About how many times a week?
12             A     That's the same, a couple times a
13    week.
14             Q     Same pain level, six to seven?
15             A     Yes.
16             Q     And you still take medication?
17             A     Yes, I do.
18             Q     And before the accident, you had
19    prior issues with your low back?
20             A     Yes.
21             Q     And is it your testimony that your
22    low back pain has gotten worse since the
23    accident?
24             A     Yes.
25             Q     And before the accident, what was
                                                        114

 1    the pain level to your low back?
 2             A     Well, because of the pain
 3    medication, we had it very much under control, so
 4    I would say it's, you know, maybe a two or a
 5    three --
 6             Q     And then --
 7             A     -- at worst.
 8             Q     Okay.  And before the accident,
 9    how often were you experiencing your low back
10    pain at two to three out of ten pain level?
11             A     Every morning that I wake up until
12    I take my first -- you know.
13             Q     After the accident, what has been
14    your pain level to your low back?
15             A     It just feels like my whole back
16    is kind of out of -- which it is -- feels like
17    it's out of whack.
18             Q     What does that mean?
19             A     Out of alignment.
20             Q     And is that something that causes
21    you pain?
22             A     Yeah.
23             Q     Is that a yes?
24             A     Yeah, because then I get bulging
25    disks or herniated disks, because I have them,
                                                        115

 1    and it just causes them to bulge out.
 2             Q     So since the car accident, what is
 3    your pain level on average to your low back?
 4             A     Six or seven.
 5             Q     Every day?
 6             A     No, not every day.  A couple times
 7    a week.
 8             Q     And then the remaining days, it's
 9    still two to three out of ten?
10             A     Yes.
11             Q     Is that a yes?
12             A     That's a yes.
13             Q     Okay.  When you do have pain to
14    your low back at six to seven out of ten, what do
15    you do for that?
16             A     I take pain medication.
17             Q     Do you take an extra pill?
18             A     An extra pill, yes.
19             Q     Do you still have any ongoing
20    issues with your ribs?
21             A     Yeah, that's the one that's
22    lingered, that's -- it's lingered on for a long
23    time.  It's subsiding now.  About three months
24    into it, it started to subside.  And this has
25    been the last thing to linger on.  It hurts when
                                                        116

 1    I take deep breaths.  I can still feel it.  I
 2    don't know if it healed properly or not
 3    (indicating).
 4             Q     And which side of your ribs?
 5             A     That's the left side (indicating).
 6             Q     Is it just one rib or more than
 7    one?
 8             A     It's one rib.  I can't tell you
 9    which one it is.
10             Q     Right after the accident, for that
11    initial three months, what was the pain level to
12    your rib?
13             A     It was horrible.  It was like
14    eight or nine.
15             Q     Every day?
16             A     Every day.  It hurt scary bad.
17             Q     And after that initial three
18    months, what did it become reduced to?
19             A     Reducing down to eight, seven,
20    six, every week I started to feel better.
21             Q     What is it currently?
22             A     It's like a one or -- I feel
23    something in there kind of when I take deep
24    breaths, but that's about it.
25             Q     So about a one or two?
                                                        117

 1             A     One or a two.
 2             Q     Okay.  But only when you take deep
 3    breaths?
 4             A     Yes, it's pretty much subsided
 5    now.
 6             Q     Okay.
 7             A     But it was a long process.
 8             Q     And as far as your injury to your
 9    eyes, it says plural, but it's just the cut over
10    your left eye?
11             A     Yes, because I think I had black
12    and blue from hitting my head.
13             Q     And how long did that take?
14             A     The swelling and everything to go
15    down?
16             Q     Yes.
17             A     Probably about a week or -- yeah.
18             Q     And then you had to have stitches
19    over your left eye?
20             A     Yeah.
21             Q     And you had about six or seven
22    stitches?
23             A     Yes.
24             Q     Did you have to have the stitches
25    removed, or did they dissolve on their own?
                                                        118

 1             A     Dissolved on their own.
 2             Q     How long did it take for it to all
 3    heal up?
 4             A     I would say about a month or so.
 5             Q     Did you have to see any other
 6    doctors, aside from the ER doctor who stitched up
 7    your eye, for the eyes?
 8             A     No.
 9             Q     And then finally, as far as the
10    disorientation to time and place, that kind of
11    dissipated?
12             A     Yes.
13             Q     Within two to three months?
14             A     Yes.
15             Q     Any other complaints or injuries
16    that you attribute to the bicycle accident that
17    we have not yet discussed?
18             A     No.
19             Q     Before the car accident, did you
20    have any prior issues with headaches?
21             A     No.
22             Q     After the car accident, did you
23    have any subsequent reinjuries to your head?
24             A     No.
25             Q     And it could have been another car
                                                        119

 1    accident.  You could have slipped and fell?
 2             A     No, no.
 3             Q     Before the car accident, did you
 4    have any prior issues with dizziness or
 5    wooziness?
 6             A     No.
 7             Q     After the car accident, did you
 8    have any subsequent reinjuries, health
 9    conditions, that may have worsened the wooziness
10    and the --
11             A     No.
12             Q     Before the car accident, did you
13    have any prior issues with loss of consciousness
14    or blacking out?
15             A     No, never.
16             Q     After the car accident, did you
17    have a subsequent event when you -- in which you
18    either blacked out or lost consciousness?
19             A     Give me the question again?
20             Q     Sure.
21                   After the bicycle accident, did
22    you have another incident where you either lost
23    consciousness or blacked out?
24             A     That caused me to have --
25             Q     That caused you to black out.
                                                        120

 1             A     No.
 2             Q     Before the car accident, did you
 3    have any prior issues with a concussion?
 4             A     No.
 5             Q     After the car accident, did you
 6    have any subsequent reinjuries or incidents where
 7    you had another concussion?
 8             A     No.
 9             Q     Before the car accident, did you
10    have any prior issues with your memory?
11             A     No.
12             Q     After the car accident, did you
13    have any subsequent reinjuries or health
14    conditions that may have worsened your issue with
15    memory?
16             A     No, no.
17             Q     Before the car accident, did you
18    have any prior issues with disorientation with
19    time and place?
20             A     No.
21             Q     After the car accident, did you
22    have any subsequent reinjuries or health
23    conditions that may have worsened your issue with
24    disorientation with time and place?
25             A     No.
                                                        121

 1             Q     Before the car accident, did you
 2    have any prior head injuries?
 3             A     No.
 4             Q     After the car accident, did you
 5    have any subsequent head injuries?
 6             A     No.
 7             Q     Before the car accident, did you
 8    have any prior issues with your upper back?
 9             A     No.
10             Q     Or mid-back?
11             A     No.
12             Q     After the car accident, did you
13    have any subsequent reinjuries with your upper
14    back?
15             A     No.
16             Q     Your mid-back?
17             A     No.
18             Q     And you have already testified
19    that before the car accident, you had prior
20    issues with your low back, correct?
21             A     Yes.
22             Q     Okay.  After the car accident, did
23    you have any subsequent reinjuries with your low
24    back?
25             A     No.
                                                        122

 1             Q     Before the car accident, did you
 2    have any prior issues with your ribs?
 3             A     Oh, no.
 4             Q     Any rib fractures?
 5             A     No, never.
 6             Q     After the car accident, did you
 7    have any subsequent reinjuries to your ribs?
 8             A     No.
 9             Q     Before the car accident, did you
10    have any prior issues with your eyes?
11             A     No.
12             Q     After the car accident, did you
13    have any subsequent reinjuries to your eyes?
14             A     No.
15             Q     Mr. Sandstrom, because of your
16    heart condition, you have a -- is it
17    defibrillator?
18             A     Yes.
19             Q     In your chest?
20             A     Yes.
21             Q     And when did you have that
22    surgery?
23             A     2016 -- yeah, 2016.
24             Q     Okay.
25             A     It might have been 2015.
                                                        123

 1             Q     It's your estimate.
 2             A     It's the end of -- yeah, it's my
 3    estimate.
 4             Q     Okay.
 5             A     Sorry.
 6             Q     You also take anti-coagulants?
 7             A     Yes, I take Carvidovol, and I
 8    take -- but that's not an anti-coagulant.  It's
 9    just -- it's my heart medication.
10             Q     Okay.
11             A     Mitral valve was the answer now.
12    It's the mitral valve that has the tear in it.
13             Q     And you have to get that repaired
14    as well?
15             A     If they can get me healthy enough
16    to do that.
17             Q     So that's still in the future?
18             A     Ongoing, yeah.
19             Q     Are there any activities due to
20    your bicycle accident that you absolutely can no
21    longer do?
22             A     Could I stand up?
23             Q     Absolutely.
24             A     I need to stand.
25             Q     Sure.
                                                        124

 1             A     Thank you.
 2                   I'm sorry, the question?
 3             Q     It's all right.
 4                   Are there any activities that you
 5    absolutely can no longer do because of your
 6    bicycle accident?
 7             A     Oh, I haven't been back on a bike
 8    since.  I don't know if it's subconsciously or
 9    what, I'm kind of afraid to be on a bike right
10    now, which kind of stinks.
11             Q     Let me get back to that question,
12    but let me ask you, before the accident, how many
13    years have you been riding a bicycle?
14             A     All my life.
15             Q     Since a child?
16             A     Yeah, since I was a child.
17             Q     But the electric bicycle you first
18    started riding in 2019?
19             A     Yes.
20             Q     About five months before the
21    accident?
22             A     Yes.
23             Q     Okay.  When you purchased that
24    bicycle, did you receive some type of a manual on
25    how to ride the bicycle?
                                                        125

 1             A     No, it wasn't necessary.
 2             Q     Okay.  And why was it not
 3    necessary?
 4             A     I mean, it came with a manual that
 5    it may have just -- just on how it operated and
 6    everything, but I have been on them before.  I
 7    had friends that had them, so I didn't need to do
 8    that.
 9             Q     Okay.
10             A     I'm sorry.  I have read a manual
11    before, but just not that one.  It was not
12    necessary.
13             Q     Have you ever been on another
14    accident involving a bicycle of any type?
15             A     No.
16             Q     So actually, my question before is
17    a little bit broader than that.  My question is,
18    are there any type of activities -- and it could
19    be household chores, hobbies, exercise programs,
20    anything that you absolutely can no longer do
21    because of your injuries from the bicycle
22    accident?
23             A     Currently today?  Because there
24    was for a period of time.  For two or three
25    months there, I couldn't do -- it hurt to do
                                                        126

 1    anything.  That rib was really in bad shape.
 2             Q     For about three months?
 3             A     For about three months, yeah.
 4             Q     So were you able to -- still able
 5    to bathe yourself?
 6             A     Yeah.
 7             Q     Is that a yes?
 8             A     Yes.
 9             Q     Were you still able to dress
10    yourself?
11             A     Yes, except my wife would put my
12    socks on.
13             Q     Were you able to use the toilet by
14    yourself during those first three months?
15             A     Yes.
16             Q     So in terms of your activities
17    because of the pain to your ribs, was it more in
18    terms of things you did around the house, like
19    household chores that you would help with?
20             A     I was in bed -- I was in bed
21    pretty much two to three months, except my doctor
22    appointments.  That rib was very painful.
23                   The upper back was just another
24    issue, but the pain from that rib superceded
25    everything.
                                                        127

 1             Q     What did the doctors do for your
 2    rib?
 3             A     They can't do anything for it.
 4    They can't put you in a cast, they can't do
 5    anything.
 6             Q     Did they wrap it with some type of
 7    bandage for you?
 8             A     They didn't do that, no.
 9             Q     Absolutely nothing?
10             A     Nothing.  You just got a grin and
11    bear it.  That's what they told me.
12             Q     So you stayed in your bed not
13    because you were bedridden, but you just wanted
14    to not move around so much?
15             A     I was bedridden.  I didn't want to
16    get up.  It was very painful to get up.
17             Q     What I mean by that, did any of
18    your doctors place you on bedrest for two to
19    three months?
20             A     Not that I remember.
21             Q     But it was -- it helped you pain
22    level wise to stay in bed?
23             A     Yes.
24             Q     Okay.
25             A     Absolutely, yes.
                                                        128

 1             Q     Okay.
 2             A     Getting up out of bed is just -- I
 3    can't explain the amount of pain I was in.
 4             Q     How did you get around to your
 5    doctor appointments for those two to three
 6    months?
 7             A     My wife.
 8             Q     She drove you?
 9             A     Yes.
10             Q     Did you stop driving for a period
11    of time?
12             A     I haven't been driving since my
13    license -- my wife drove me here.
14             Q     Okay.
15             A     She's downstairs.
16             Q     But that had to do with the fact
17    that you have a suspended license because of a
18    ticket, correct?
19             A     Tickets, yeah.  But I still
20    haven't driven.  My wife just drove me, because
21    it was --
22             Q     So the fact that you don't drive
23    any longer, it has to do with your suspended
24    license, not your physical --
25             A     As of right now, yes.
                                                        129

 1             Q     Is that correct?
 2             A     It was a physical problem in the
 3    first two or three months, yes.
 4             Q     So by the time you felt well
 5    enough to drive, your license had been suspended?
 6             A     Yes.
 7             Q     So you haven't been driving,
 8    correct?
 9             A     So I just haven't been driving,
10    yeah.
11             Q     Okay.
12             A     I have to follow the law.
13             Q     So after that initial two to three
14    months where you didn't do much of anything, have
15    you been able to get back into your daily
16    activities, normal activities since then?
17             A     Yes, yes.
18             Q     So once you were able to move
19    around better, what have you been -- what
20    activities did you have difficulties doing after
21    that --
22             A     The swimming thing, it was
23    difficult for the first two months.  So I laid
24    off from doing that, down to two times a week
25    versus, you know, I didn't do it -- I didn't do
                                                        130

 1    it at all for the first two months, and then
 2    he -- then he said that I could go back to that.
 3             Q     And then were there normal
 4    household chores that you normally did that you
 5    were able to then go back to?
 6             A     I wasn't able to the first two
 7    months.
 8             Q     And then after that, you were able
 9    to?
10             A     Yes.
11             Q     Even after that initial two to
12    three months, were there some activities that you
13    were still having difficulties doing because of
14    your car accident injuries?
15             A     Yeah.  I don't want to get back on
16    a bike right now.
17             Q     Okay.
18             A     Scares me to get on a bike.  I
19    don't know what that's about.
20             Q     Any other activities?
21             A     No.
22             Q     So after about three months, you
23    have been able to go back to all your routine
24    activities?
25             A     Yeah.
                                                        131

 1             Q     Is that a yes?
 2             A     Yes.
 3             Q     Any other impact on your life in
 4    terms of activity-wise because of the accident
 5    that we have not yet discussed?
 6             A     No.
 7             Q     After the accident, did you take
 8    any trips outside of the Orange County area?
 9             A     I don't think so, no.
10             Q     Before the car accident, did your
11    doctor -- doctors for your low back issue --
12    place you on any restrictions in your activities,
13    like told you that you shouldn't do certain
14    things?
15             A     Yeah, that I would need plenty of
16    rest.
17             Q     Okay.  What were some of those
18    activities?
19             A     Like my -- just my normal -- you
20    know, cleaning and -- I was bedridden.  And the
21    activities were, you know, like I -- no
22    skateboarding, no -- I play guitar, and I play in
23    a band, and I haven't been able to do that.
24             Q     Just to clarify the record, are we
25    talking about before the accident that you were
                                                        132

 1    not able to do these things, or after the
 2    accident?
 3             A     After the accident.
 4             Q     Okay.  So my question actually was
 5    before the bicycle accident, did your doctors who
 6    treated you for the low back problems, did they
 7    place any restrictions on your activities?
 8             A     No.
 9             Q     Okay.  So aside from the pain
10    medication, you were free to do whatever you are
11    able to do?
12             A     Yeah, I couldn't do construction
13    anymore, anything like that, no.
14             Q     Okay.
15             A     Done with that.
16             Q     But no specific restrictions
17    before the accident?
18             A     No.
19             Q     Is that correct?
20             A     That's correct.
21             Q     So in terms of your playing in a
22    band, was that something that you were doing
23    before the accident as a hobby?
24             A     Yeah, it's a hobby, yeah.
25             Q     And when you played in the band,
                                                        133

 1    were you playing in public, like --
 2             A     Sometimes, yeah.
 3             Q     Like venues?
 4             A     Yeah, sometimes.
 5             Q     And how long have you been in a
 6    band?
 7             A     I have been in a band for about 30
 8    years.
 9             Q     What is the name of your band?
10             A     Autumn's Rose.
11             Q     So in the last 30 years, you have
12    gone out with your band and played public venues
13    where you have performed in public?
14             A     Yes.
15             Q     How often were you performing
16    before the accident?
17             A     Like once a month.
18             Q     And where would you perform?
19             A     Well, we do -- we would do like AA
20    conventions and stuff like that and different --
21    coffee shops sometimes.
22             Q     Did you say AA conventions?
23             A     Yes.
24             Q     Like Alcoholics Anonymous?
25             A     Yes.
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 1             Q     Is that what you meant?
 2             A     Yes.
 3             Q     So no alcohol types of venues?
 4             A     I don't drink, no.
 5             Q     Okay.  So after the accident, you
 6    have stopped playing?
 7             A     For the first couple months, yes.
 8             Q     Have you been able to go back to
 9    performing once a month after that initial couple
10    of months?
11             A     Well, the band kind of suffered
12    from it just because I wasn't there.  I don't
13    know that I'm replaced, but they went on.  They
14    went on without me.
15             Q     So you're physically now able to
16    play your instrument?
17             A     Yes, yes.
18             Q     And what instrument do you play?
19             A     Guitar.
20             Q     It's just that your band is no
21    longer there for you --
22             A     Yes.
23             Q     -- to play with?
24             A     Yeah, you could say that, yeah.
25             Q     Is there anything else about
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 1    playing music that has been impacted?
 2             A     No.
 3             Q     Before the accident, were you
 4    recommended for any type of treatment for your
 5    low back, chronic low back issue, aside from what
 6    you were doing, which was just taking pain
 7    medication?
 8             A     Yeah, shots.  The spine shots.  I
 9    didn't want to do that.
10             Q     But was that recommended before
11    the accident or after the accident?
12             A     They recommended it before in the
13    past.
14             Q     Okay.  But you have never done it?
15             A     No.
16             Q     Is that correct?
17             A     Yeah, that's correct.
18             Q     Okay.  Were you recommended for
19    any type of surgery either before or after the
20    accident?
21             A     No.
22                   MS. LONG:  Okay.  I think those
23    are all the questions.
24                   Did you have any questions,
25    Counsel?
                                                        136

 1                   MS. HODGES:  I don't.
 2                   MS. LONG:  Okay.  Well, I usually
 3    do my stipulation.  So as far as the handling of
 4    the transcript --
 5                   MS. HODGES:  Can you e-mail a copy
 6    to my office for his review?
 7                   THE REPORTER:  Yes.
 8                   MS. LONG:  Off the record.
 9                   (TIME NOTED: 12:50 p.m.)
10                           *  *  *
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                                                        137

 1          I, ___________________, do hereby declare
 2      under penalty of perjury that I have read the
 3    foregoing transcript of my deposition; that I
 4    have made such corrections as noted herein, in
 5    ink, initialed by me, or attached hereto; that my
 6    testimony as contained herein, as corrected, is
 7    true and correct.
 8
 9             EXECUTED this _______ day of___________,
10    20____, at __________________, _______________.
11                       (City)              (State)
12
13
14                           _________________________
15                              GARY R. SANDSTROM
16
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                                                        138

 1           DEPOSITION OFFICER'S CERTIFICATE
 2    STATE OF CALIFORNIA )
                          )ss.
 3    COUNTY OF ORANGE    )
 4             I, DENISE HESS, hereby certify:
 5             I am a duly qualified Certified
 6    Shorthand Reporter in the State of California,
 7    holder of Certificate Number CSR 7564 issued by
 8    the Court Reporters Board of California and which
 9    is in full force and effect.
10             I am not financially interested in this
11    action and am not a relative or employee of any
12    attorney of the parties, or of any of the
13    parties.
14             I am authorized to administer oaths or
15    affirmations pursuant to California Code of Civil
16    Procedure, Section 2093(b), and prior to being
17    examined, the deponent was first duly sworn by
18    me.  (Civ. Proc. Section 2025.320)
19             I am the deposition officer that
20    stenographically recorded the testimony in the
21    foregoing deposition and the foregoing transcript
22    is a true record of the testimony given.  (Civ.
23    Proc. Section 2025.540)
24             I have not and shall not offer or
25    provide any services or products to any party's
                                                        139

 1    attorney or third party who is financing all or
 2    part of the action without first offering same to
 3    all parties or their attorneys attending the
 4    deposition and making same available at the same
 5    time to all parties or their attorneys.
 6             I shall not provide any service or
 7    product consisting of the deposition officer's
 8    notations or comments regarding the demeanor of
 9    any witness, attorney, or party present at the
10    deposition to any party or any party's attorney
11    or third party who is financing all or part of
12    the action, nor shall I collect any personal
13    identifying information about the witness as a
14    service or product to be provided to any party or
15    third party who is financing all or part of the
16    action.
17             I further certify that I am neither
18    financially interested in the action nor a
19    relative or employee of any attorney of any of
20    the parties.
21      IN WITNESS WHEREOF I have subscribed my name.
22
23
24              <%7049,Signature%>
25             DENISE HESS CSR No. 7564
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