Free Response to Motion - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff, VS. ROBERT D. DUNN and JOY LYNN DUNN, Defendants.

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DEPOSITION OF ROBERT DUNN

Phoenix, Arizona August 1 6 & 1 7 , 2 0 0 4

COPY
Prepared b y : Jennifer M . Davis, RPR, CCR Certificate No. 5 0 3 6 7 Dropkin and Associates Court Reporters 7 6 0 0 North 16th Street Suite 2 1 6 Phoenix, Arizona 8 5 0 2 0
(602) 997-8066

DROPKIN AND ASSOCIATES
Case 2:03-cv-01277-SRB Document 204-2 Filed 09/21/2005 Page 1 of 2

.Deposition of Robert Dunn
Page 121 Page 122

August 17, 200

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had two strokes in the last year. She's in the hospital as we speak; been there since the Fourth of July. She's going to die; it's just a matter of time. We cannot bring her to our home, because she has asthma. She can't be where there is mold. She can't

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to put yourself in my shoes. If you came to my home, even you representing American Family, if I pulled back the carpet and showed you that crack, and it goes further than what she didn't show you. She didn't show you the one that goes off across the living room that sprouts off of that one crack. There's another crack that has started. This last engineer put all these marks up there. I haven't looked at the crack marks since then how bad it is. It's terrible. It absolutely is terrible. I'm not trying to sit here and just give you some BS story. Seeing is believing. You come by my home anytime if you like. Give us a couple days to clean it u p and make it more presentable, and we'll show you. You know when you have something of an issue that's a s bad as it is in my home, you have a tendency to not take care of anything. You don't

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-- I have a total open

bedroom for her. I mean.

except for the little crap my son has in there, we have a bedroom for her to stay. We can't bring her home. That's one issue. She has just my wife has just pulled and been torn between that. What else has it done? For five years - I testified to the fact about my job, I can't bring any clients home home. I can't

--

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-- I can't bring any customers bring them -- I can't have barbecues.
- my best friend's

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I can't have anybody in my home. I cannot tell you honestly the last time that an individual walked in my home that wasn't a relative or been over once maybe. Nobody comes over anymore. I wouldn't let them in. My home's a disaster. We can't entertain. Every single year at Thanksgiving and Christmas we've had entertaining. I think only one in the last 20, and that's I took them skiing for one place up north. But 1 can't d o any entertaining. I can't d o

-- you still make the kids vacuum - it's just a mess.
It's

the carpet. Joy vacuums the carpet. I vacuumed it the other day. You still just an absolute mess. You can't put carpet down. You can't fix anything there is to fix. Besides that, where do I start? If you're going to d o it right, it's got to start right on the ground, because the foundation has got to be
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-I

am a prisoner in my own home. I just

can't begin to explain it to you. You would just have

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fixed. T o do that, you figure out what. How are you going to fix the floor if it's got a huge crack? I'm just a normal layman. The home's got to come down. That home has got to be destroyed. We got to start right from the bottom and build up. Doesn't have anything t o do with the dirt, I don't think, but I don't know that. I don't think that the dirt is bad or what I think they're calling land, isn't

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deal with stuff like this. We broke early yesterday

-- I'll

give you an example. We broke early

yesterday. You let us out of here at four o'clock. I thought it was very, very professional for you to do that, because you know you could keep her here and could have kept talking to her. Well, we went home, and she was buzzed. I don't mean

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- doesn't -

- she doesn't

drink

or d o drugs, nothing. She was just buzzed from this. I said, hey, listen, you got to get to bed tonight. I'm early to bed, early to rise. I'm in bed at 9:00,

that sound like it's dirt? The dirt's dirt. The issue was not with that. I t was with the foundation which is the concrete that's on top of the dirt

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9:30. She's up at five. I went to bed

-- I think

I

Q Let me stop you there. You've explained some of the ways that American Family's handling of
the claim has affected you. Can you think of any other? A Q Any other. Any other areas where the handling of the MR. SILVERMAN: Object to form. My wife is -- I don't need to go into

went to bed last night at eight. I was up three or four times during the night. She never came to bed until one, because she

-- then

she's telling me in the

middle of the night, Robert, I can't sleep, I can't get this off my mind. She was saying, I'm torn between Mom. I'm

-- I

didn't even go see Mom today.

claim has affected you? A

I said, Joy, it's early in the morning. I'm out of it. I'm tired. I can sleep through any storm that this city can get. I could not

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details, but her -- I'm mentally strong, and the lady is not now. This is just breaking her back. It's breaking her in two. We were told
Q

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- she couldn't

sleep.

She kept me up. It just that's just one instant. It goes on day to day. There's times when she can go to bed and she can sleep normal, and there's times when she can't. I t has been hell on her, as well as me.

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-doesn't

(BY MS. ALLEN): Hold on. Go ahead. My wife has

A

-- she's -- she just

Case 2:03-cv-01277-SRB Dropkin and Associates

Document 204-2

Filed 09/21/2005

Page 2 of 2

(602) 997-806(