Free Motion for Summary Judgment - District Court of Colorado - Colorado

Case 1:03-cv-02355-RPM

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1 29168AJB 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 3 Civil Action No. 03-M-2335 (CBS) 4 5 6 _______________________________________________ 7 LEONID DMITRUK, Administrator of the Estate of Alexander Bugaychuk, deceased, and YELENA 8 BUGAYCHUK, an individual, and NATALIA MELNIK, an individual, and IRINA MOROZOV, personally and as 9 administrator of the Estate of Yevgeniy Morosov, deceased, and as Guardian for SARA MOROZOV, a 10 minor, and ELEANNA MOROZOV, a minor, 11 Plaintiffs, 12 vs. 13 GEORGE AND SONS' REPAIR SHOP, INC., a Colorado corporation, d.b.a. "George's Towing," GEORGE 14 ROSLER, a resident of the State of Colorado, 15 Defendants. ________________________________________________ 16 17 DEPOSITION OF JASON BANDY 18 19 20 21 November 29, 2004

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Q. Okay. How long had Trooper McMahon

2 been working at the time this accident? Do you 3 know? 4 5 6 7 A. As a -Q. Accident reconstructionist. A. I don't recall. Q. Had you worked with him on other

8 accidents? 9 10 11 12 13 14 A. Yes. Q. Approximately how many? A. Probably a handful. Q. Over approximately how many years? A. Probably a year to two years. Q. When you got to the accident scene,

15 did you see any evidence of preimpact braking by 16 Mr. Morosov's vehicle, the Budget vehicle? 17 18 19 20 A. No. Q. Did you look for it? A. Yes. Q. Did it appear to you that

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21 Mr. Morosov just without braking just drove 22 straight into the back of the semi truck? 23 24 A. That's correct. Q. Did it appear that Mr. Morosov's

25 vehicle was skidding off the road and just

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1 happened to come into contact with the semi 2 truck or that he just drove straight into it? 3 A. It looked like he drove straight

4 into it. 5 Q. Would that in your experience

6 indicate that he either didn't see the Angel 7 Express vehicle or that perhaps he was trying to 8 commit suicide? I'm open to your suggestions 9 based on your experience. 10 MR. CARAFELLI: Objection. Form,

11 foundation, speculation. 12 A. Honestly, sir, that's something we

13 will never know. It could have been anything. 14 Could have been fell asleep, you know. 15 Anything. Just -- not looking at something else 16 across the highway. Who knows? 17 Q. (BY MR. ALLAHYARI) But it was a

18 pretty direct hit, right center? In other words 19 it didn't -- it wasn't half of the Budget 20 vehicle coming into contact with the corner of

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21 the semi truck. I mean it was as if, you know, 22 you are driving behind a semi truck but that 23 semi truck is not moving and you go straight 24 into it, right? 25 A. Correct. It was a direct hit.