Free Statement - District Court of Arizona - Arizona

kevin tucek ascii 050819 1
A Prepared exclusively for Erchonia defendants (see p. 2)
1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF ARIZONA
3 .
4 Erchonia Medical, Inc., et al., g
5 Plaintiffs, )
VS. ) N0. CIV 02-2036-PHX-MHM
6 .Robert E. MOFOn€y, LLC, et al., g
7 Defendants. g
8 Erchonia Medical, Inc., et al., g
9 Plaintiffs, )
vs. )
10 Robert E. Moroney, LLC, et al., g
11 Defendants. g
12 Erchonia Medical, Inc., et al., g
13 Plaintiffs, )
vs. )
14 Robert E. Moroney, LLC, et al., g
15 Defendants. g
16
17
18 DEPOSITION OF KEVIN BRYAN TUCEK
19 Phoenix, Arizona
June 8, 2005
20 9:06 a.m.
21
Prepared for: Prepared By:
22 IRA M. SCHWARTZ ELAINE M. CROPPER
Attorney at Law Registered DlqlOm3t€ Reporter
23 Certified Rea time RQDOFIBF
Arizona CCR No. 50491
24 CANYON STATE REPORTING, LTD.
77 East Columbus, Suite 102
25 (Copy) Phoenix, AZ 85012-2351 _
Canyon State Reporting, Ltd.
602.277.8882/602.277.5576 (fax)
U
2
E Page 1
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Prepared exclusively for Erchonia defendants (see p. 2) 112
11:40:29 1 Q. Are you familiar with a product called the
11:40:30 2 Bio-Cleanse?
11:40:33 3 A. Yes, I am.
11:40:34 4 Q. How are you familiar with it?
11:40:35 5 A. Because that's Bob Moroney's device.
11:40:39 6 Q. The Bio—Cleanse is Bob Moroney's device?
11:40:42 7 A. Yes.
11:40:42 8 Q. Didn't Erchonia manufacture the Bio—Cleanse?
11:40:44 9 A. Yes, we did.
11:40:46 10 Q. What is the Bio-Cleanse device?
11:40:48 11 A. It's an ion detoxification machine.
11:40:52 12 Q. Who designed that device?
11:40:54 13 A. Idid.
11:40:58 14 Q. Anybody else involved in the design of the device?
11:41 :00 15 A. On the later ones, George Leger was involved with
11:41 :03 16 the assistance in designing the circuit board.
11:41 :06 17 Q. When you say "the later ones," what do you mean by
11:41:08 18 that?
11:41 :08 19 A. We constantly upgraded. We improved as we could.
11:41 :12 20 The very tirst one was a small black one that I designed .
11:41 :16 21 myself. We didn't sell very many of those and then George
11:41:19 22 Leger helped me redesign it and make it much better.
11:41 :21 23 Q. Are you aware that there were some problems with
11:41 :23 24 that device failing?
11:41 :27 25 A. Not at the time ofthe design. We did the best we
Canyon State Reporting, Ltd.
602.277.8882/602.277.5576 (fax)
Case 2:02—cv—02036-I\/IHI\/I Document 293-4 Filed 08/23/2005 Page 2 of 4

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11:41 :30 1 could.
11:41 :30 2 Q. I'm talking about when they were sold to end users
11:41:32 3 who used them?
11:41 :34 4 A. A lot of the problem was from misuse. If it's not
11:41 :39 5 used accordingly, there are safety features designed in to
11:41 :43 6 protect both the person and the device.
11:41 :45 7 Q. You understand that Bob Moroney claims that device
11:41 :49 8 was defectively designed?
11:41:51 9 A. Yes.
11:41 :52 10 Q. Do you understand that?
11:41:5211 A. Yes.
11:41 :58 12 Q. What is your understanding of that claim?
11:42:00 13 A. Well, he said they basically kept breaking down.
11:42:04 14 Q. Why were they breaking down?
11:42:05 15 A. Because they were overloading, putting too much
11:42:08 16 salt in the water which decreases the resistance and makes —
11:42: 12 17 it more efficient, and he did it to get more color out of
11:42:15 18 the array. But in reality, you are stressing the components
11:42: 19 19 too much by doing that.
11:42:20 20 Q. What components are you stressing?
11:42:22 21 A. What happens is the way the device works is
11:42:23 22 through electronic erosion of different metals. And in
11:42:27 23 order to get more color, you can put more salt in there
11:42:30 24 which will increase. The salty water will eat into the
11:42:34 25 metals much faster so it will give you this really vivid
Canyon State Reporting, Ltd.
602.277.8882/602.277.5576 (fax)
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11:42:37 1 color in whatever you are trying to do. But in the process
11:42:40 2 of that, you put too much load on the whole electronic
11:42:43 3 circuit that controls it in particularly the transformer
11:42:48 4 because the transformer -- I sized it so that would be safe.
11:42:48 5 But when you put too much in it, you are overloading the
11:42:53 6 transformer and then it caused all kinds of problems.
11:42:57 7 Q. So there was -- there's a transformer within the
11:43:04 8 main box of the unit; is that right?
11:43:06 9 A. Yes.
11:43:08 10 Q. And I'm just trying to understand what your
11:43:10 11 testimony is. So that got overloaded. What happened when
11:43:14 12 that transformer got overloaded?
11:43:16 13 A. Well, it would either blow the fuses that we put
11:43: 19 14 in to protect it or pop the circuit breakers. In later
11:43:23 15 versions we put circuit breakers. Or if it tipped on -- you
11:43:25 16 could defeat the circuit breaker by putting a weight that
11:43:29 17 would hold on the little disconnect and you would overheat
11:43:33 18 the transformer and it would bum up. I
11:43:38 19 Q. Is that it?
11:43:41 20 A. Well, you could cause other associated problems
11:43:43 21 with the controlled circuitry based on overload.
11:43:46 22 Q. Is there any switching device inside of that unit?
11:43:48 23 A. Yes, there was.
11:43:49 24 Q. Was there a problem with that as well?
11:43:50 25 A. The relay?
Canyon State Reporting, Ltd.
602.277.8882/602.277.5576 (fax)
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