Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 148-3

Filed 02/12/2007

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DEPOSITION OF MICHAEL STEVEN SMITH TAKEN ON 5-8-02 Page 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC., d/b/a ACCESS AIR, an Idaho corporation, ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) PILATUS BUSINESS AIRCRAFT, LTD., a ) Colorado corporation; PILATUS ) FLUGZEUGWERKE AKTIENGESELLSCHAFT, a ) Swiss corporation; PRATT & WHITNEY ) CANADA, INC., a Canadian corporation;) and DOES 1 through 500, inclusive, ) ) Defendants. ) _____________________________________)

Civil Action No. 01-K-2056

DEPOSITION OF MICHAEL STEVEN SMITH Volume May 8, 2002 BOISE, IDAHO

BURNHAM, HABEL & ASSOCIATES, INC

EXHIBIT D

Case 1:01-cv-02056-JLK

Document 148-3

Filed 02/12/2007

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DEPOSITION OF MICHAEL STEVEN SMITH TAKEN ON 5-8-02 Page 164

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were there any other documents that you prepared relating to the trip that you still have? A. No. Oh. I have a statement of the sequence

of events starting with the initial indication of an engine problem. Q. Okay. This is dated today. Did you prepare

this today? A. Q. A. Q. Yes, yes. When did you prepare it? Today. Before or after the deposition or during the

deposition? MR. WILLIAMS: the witness. MR. BYRNE: MR. SCHULTZ: MR. BYRNE: It isn't after the deposition yet. Okay. I would suggest we wait until we During. Well, you should ask

get a better copy of this check stuff because it's pretty difficult to read -MR. WILLIAMS: MR. BYRNE: That's fine. Well, let's go

-- this fax copy.

off the record just a minute. (A discussion was held off the record.) (Exhibit No. 47 was marked for identification.)

BURNHAM, HABEL & ASSOCIATES, INC

EXHIBIT D

Case 1:01-cv-02056-JLK

Document 148-3

Filed 02/12/2007

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DEPOSITION OF MICHAEL STEVEN SMITH TAKEN ON 5-8-02 Page 165

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(A brief recess was taken.). MR. BYRNE: Now that we're done with the

document stuff -- thank you, Bob -- let's go to Exhibit No. 47.

FURTHER EXAMINATION BY MR. BYRNE: Q. Tell us again what this is. Obviously it's a

handwritten document, one page that you prepared today; correct? A. events. It's just a confirmation of see sequence of It was not -- it was for clarification because

I made -- in my other statements I have made -- have not clarified fully what was going on. Q. Well, we'll get into the substance of it, but I'm not clear about

when today did you prepare this? that. A. Q. At lunchtime. Okay.

Is this something that Jeff asked you

to prepare? A. Q. Yes. Okay. Well, let's go through it. No. 1,

"Engine vibration - Noise (surging)." A. Q. It's -You have 17 items listed.

What --

Is this meant to be

BURNHAM, HABEL & ASSOCIATES, INC

EXHIBIT D