02 Oct Deposition of the Driver in Car Accident Case – Sample
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A transcript of a sample automobile accident deposition. This case arises out of a car accident. The defendant was backing up into a parking spot when he backed his car into the plaintiff, who was walking across the street.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
—————————————x
ALAN MANSFIELD,
Plaintiff,
– against –
VICTOR J. NUSSBAUM,
Defendant.
—————————————x
August 2, 2011 – 10:15 a.m.
Examination Before Trial of VICTOR NUSSBAUM, the
Defendant herein, taken pursuant to court order,
and held at the offices of Kevin P. Roman, 50 Main
Street, Suite 1195, White Plains, New York, before
Randi Rizzo, a Court Reporter and Notary Public of
the State of New York.
A P P E A R A N C E S :
MARTIN & COLIN, P.C.
Attorneys for the Plaintiff
44 Church Street
White Plains, New York 10601
BY: WILLIAM MARTIN, ESQ.
LAW OFFICES OF KEVIN P. ROMAN
Attorneys for the Defendant
55 Mamaroneck Avenue, Suite 1195
White Plains, New York 10606
BY: SOPHIA L. CRUZ, ESQ.
OOo
3
1 IT IS HEREBY STIPULATED AND AGREED by and
2 between counsel for the respective parties hereto
3 that all rights provided by the C.P.L.R., including
4 the right to object to any question, except as to
5 form, or to move to strike any testimony at this
6 examination are reserved, and in addition, the
7 failure to object to any question or to move to
8 strike testimony at this examination shall not be a
9 bar or waiver to make such motion at and is
10 reserved for the trial of this action.
11 IT IS FURTHER STIPULATED AND AGREED that
12 this examination may be sworn to by the witness
13 being examined before a Notary Public other than
14 the Notary Public before whom this examination was
15 begun; but failure to do so or to return the
16 original of this examination to counsel shall not
17 be deemed a waiver of the rights provided by Rules
18 3ll6 and 3ll7 of the C.P.L.R., and shall be
19 controlled thereby.
20 IT IS FURTHER STIPULATED AND AGREED that
21 the sealing and filing of the original of this
22 examination shall be and the same are hereby
23 waived.
24
VICTOR NUSSBAUM 4
1
2 VICTOR NUSSBAUM,
3 having first been duly sworn by the
4 Notary Public (Randi Rizzo), and
5 stating his address as 6 Sonoma
6 Road, Cortlandt Manor, New York
7 10566, was examined and testified
8 as follows:
9
10
11 EXAMINATION BY
12 MR. MARTIN:
13 Q. Good morning, Mr. Nussbaum. My name
14 is Bill Martin. I need to ask you some questions
15 involving an accident that occurred on June 30,
16 2010. If there are any questions that you don’t
17 understand, please — or if you don’t hear, please
18 tell me, okay, and I’ll ask the question again or
19 I’ll rephrase the question.
20 A. Okay.
21 Q. Thank you very much. If you need a
22 break for any reason, we’ll accommodate you in that
23 regard too, just tell me.
24 A. Okay.
VICTOR NUSSBAUM 5
1 Q. And if you need to — if at any time
2 during this deposition, you should want to change
3 an answer, an earlier answer or clarify it, or if
4 you remember it differently, or you want to add to
5 it, please just tell me at any time, and we’ll go
6 back to that.
7 A. Okay.
8 Q. What is your name, please?
9 A. Victor Nussbaum.
10 Q. And what is your address?
11 A. 6 Sonoma Road, Cortlandt Manor, New
12 York 10566.
13 Q. How long have you lived at 6 Sonoma
14 Road?
15 A. About two years.
16 Q. Where did you live immediately prior to
17 that?
18 A. Croton-on-Hudson.
19 Q. What street address?
20 A. 15 Louis Lane.
21 Q. L-E-W —
22 A. L-O-U-I-S.
23 Q. Approximately how long did you live
24 there?
VICTOR NUSSBAUM 6
1 A. About ten years.
2 Q. Is there an apartment number at 6
3 Sonoma Road?
4 A. No.
5 Q. Was there an apartment number at 15
6 Louis Lane?
7 A. No.
8 Q. Who do you live with at 6 Sonoma Road?
9 A. My family.
10 Q. Could I have their names and ages,
11 please?
12 A. Jennifer, 43, and Nikita, 2.
13 Q. Anyone else?
14 A. No.
15 Q. What is your date of birth?
16 A. January 1, 1949.
17 Q. What is your Social Security number?
18 MS. CRUZ: That’s objected to.
19 Q. What is your Social Security?
20 MS. CRUZ: No, he is not going to answer
21 that.
22 MR. MARTIN: So you’re objecting and
23 you’re instructing him not to answer?
24 MS. CRUZ: Yes, I’m objecting and
VICTOR NUSSBAUM 7
1 instructing him not to answer.
2 MR. MARTIN: Mark that for a ruling.
3
4 RULING REQUESTED:
5
6 Q. Are you currently employed?
7 A. Yes.
8 Q. Where are you employed?
9 A. Mount Vernon, New York.
10 Q. By whom are you employed?
11 A. I’m self-employed.
12 Q. What is it that you do?
13 A. I’m a geologist.
14 Q. Do you do business under a corporate
15 name?
16 A. No.
17 Q. On June 30, 2010, were you employed?
18 A. Yes.
19 Q. Same employment?
20 A. Yes.
21 Q. Where did you work immediately prior to
22 being self-employed?
23 A. I worked in the Bronx.
24 Q. For whom?
VICTOR NUSSBAUM 8
1 A. Con Edison.
2 Q. How long did you work for Con Edison?
3 A. 24 years.
4 Q. What was your last title or position
5 there?
6 A. General Manager.
7 Q. In what department?
8 A. Energy Services.
9 Q. What was the reason for the termination
10 of the employment?
11 MS. CRUZ: Well, I think I gave you
12 enough leeway by this time, you know. Don’t you
13 think you should go to medial matters? It’s very
14 irrelevant and intrusive, becoming unduly
15 intrusive.
16 MR. MARTIN: Are you instructing him
17 not to answer the question?
18 MS. CRUZ: You can answer over my
19 objection, if you wish.
20 A. I decided to go into business for
21 myself.
22 Q. Are you currently a licensed driver?
23 A. Yes.
24 Q. Is it a New York State driver’s
VICTOR NUSSBAUM 9
1 license?
2 A. Yes.
3 Q. How long have you had a New York State
4 driver’s license?
5 A. 32 years.
6 Q. Have you had a New York State driver’s
7 license continuously during those 32 years?
8 A. No.
9 Q. For what period of time did you not
10 have a New York State driver’s license?
11 A. Five or six years.
12 Q. Approximately when?
13 A. 1975 to 1980, approximately.
14 Q. During those approximate years, did you
15 have a driver’s license issued by another state?
16 A. Yes.
17 Q. What state?
18 A. New Jersey.
19 Q. On June 30, 2010, were you driving —
20 was your driver’s license valid?
21 A. Yes.
22 Q. Were there any restrictions on it?
23 A. Corrective lenses.
24 Q. Any other restrictions on it?
VICTOR NUSSBAUM 10
1 A. No.
2 Q. Were you involved in an automobile
3 accident on June 30, 2010?
4 A. Yes.
5 Q. Approximately what time?
6 A. About 4:30 in the afternoon.
7 Q. Where did the accident take place?
8 A. In Mount Vernon.
9 Q. Where about in Mount Vernon?
10 MS. CRUZ: You’re asking for the street?
11 Q. Street address.
12 A. South Street, I don’t know the number.
13 Q. What car were you driving?
14 A. My Subaru.
15 Q. What year was it?
16 A. 2010.
17 Q. Do you still have it?
18 A. Yes.
19 Q. Who was in the car with you?
20 A. No one.
21 Q. Where were you coming from?
22 A. Work.
23 Q. Where were you working that day?
24 A. I had my business.
VICTOR NUSSBAUM 11
1 Q. I’m sorry?
2 A. I had my business.
3 Q. What was the street location?
4 A. Columbus Street, North Columbus Street.
5 Q. Mount Vernon?
6 A. Yes.
7 Q. What number on North Columbus?
8 A. 1000.
9 Q. Had you proceeded directly from 1000
10 Columbus Avenue to South Street?
11 A. Yes.
12 Q. Did you make any stops along the way?
13 A. Not that I recall.
14 Q. Where were you going on South Street?
15 A. To the post office.
16 Q. For what purpose?
17 A. Mail a package.
18 Q. What street were you on immediately
19 prior to getting onto South Street?
20 MS. CRUZ: Are you asking what route he
21 took in order to get to —
22 A. I don’t know the name of the street.
23 It runs perpendicular to South.
24 Q. How many blocks was it from the scene
VICTOR NUSSBAUM 12
1 of the accident?
2 A. Two.
3 Q. What was the highest rate of speed you
4 achieved in your vehicle on South Street?
5 A. I don’t recall.
6 Q. Did you at any time bring your car to a
7 stop on South Street?
8 A. Yes.
9 Q. When was that — I’m sorry, withdrawn.
10 Where was that?
11 A. In front of the post office.
12 Q. In the street?
13 A. Yes.
14 Q. In a parking spot?
15 A. Not yet.
16 Q. Beside a parking spot?
17 MS. CRUZ: Objection. I don’t
18 understand what you mean.
19 Q. Where were you in front of the post
20 office when you brought your car to a stop?
21 A. I don’t understand the question.
22 Q. Did there come a time that you had your
23 vehicle in front of the post office?
24 A. Yes.
VICTOR NUSSBAUM 13
1 Q. What happened?
2 A. I backed into a parking spot.
3 Q. What happened immediately after that?
4 A. Apparently, I hit Mr. Mansfield.
5 Q. When did you first see Mr. Mansfield?
6 A. When he yelled and banged on the car.
7 Q. What did he yell?
8 A. I don’t recall.
9 Q. Where on the car did he bang?
10 A. My right rear side.
11 Q. How did he bang?
12 A. With his hand.
13 Q. As you backed your car into the parking
14 spot, did you observe a vehicle behind your car?
15 A. Yes.
16 Q. What vehicle was that?
17 A. It was a brown vehicle.
18 Q. Car, truck, something else?
19 A. Car.
20 Q. What was the make and model?
21 A. I don’t recall.
22 Q. When you were backing up into the
23 parking spot, did you observe any pedestrians
24 anywhere?
VICTOR NUSSBAUM 14
1 A. No.
2 Q. When you were backing up your car,
3 where were you looking?
4 A. Left mirror.
5 Q. Where were your hands?
6 A. On the steering wheel.
7 Q. Where were your feet?
8 A. On the floor.
9 MS. CRUZ: You asked about both feet?
10 Q. Both feet?
11 A. Both on the floor.
12 Q. From the moment that you first started
13 moving your vehicle in reverse until the moment
14 that you apparently hit Mr. Mansfield, did you stop
15 your vehicle at any time?
16 MS. CRUZ: I’m objecting as to form.
17 You can answer.
18 A. Would you repeat the question?
19 Q. At any time from when you first started
20 backing up your car into the parking spot until the
21 moment that you apparently hit Mr. Mansfield, did
22 you at any time stop your vehicle?
23 A. No.
24 Q. After you realized that Mr. Mansfield
VICTOR NUSSBAUM 15
1 was yelling and banging, what’s the next thing that
2 you did?
3 MS. CRUZ: Well, objection as to form.
4 He didn’t realize that Mr. Mansfield was doing that,
5 he didn’t know Mr. Mansfield at that point.
6 Q. Do you understand the question?
7 MS. CRUZ: I’ll allow him to answer.
8 Can you read the question back, please?
9
10 (Whereupon, the record was read
11 back.)
12
13 A. When I heard someone yelling and
14 banging, I pulled forward.
15 Q. And what’s the next thing you did after
16 you pulled forward?
17 A. Got out of the car.
18 Q. What’s the next thing you did after
19 that?
20 A. I went to the back of the car.
21 Q. And?
22 A. To see what happened.
23 Q. What if anything did you observe when
24 you got to the back of the car?
VICTOR NUSSBAUM 16
1 A. There was a man sitting on the street.
2 Q. And what’s the next thing that
3 happened?
4 A. I asked him if he was okay.
5 Q. And what’s the next thing that
6 happened?
7 A. He said that he had hurt his knee.
8 Q. And did you say or do anything after he
9 said that?
10 A. I asked him if he wanted to go to a
11 hospital.
12 Q. And what if any response did he give
13 you?
14 A. Eventually, he said yes.
15 Q. What’s the next thing that happened?
16 A. He asked me to help him into my car.
17 Q. Did you do that?
18 A. Yes.
19 Q. What’s the next thing that happened
20 after that?
21 A. He asked me to close the windows to his
22 car and take his keys.
23 Q. Did you do that?
24 A. Yes.
VICTOR NUSSBAUM 17
1 Q. What’s the next thing that happened
2 after that?
3 A. We drove to the hospital.
4 Q. What hospital?
5 A. Mount Vernon Hospital.
6 Q. In the Subaru?
7 A. Yes.
8 Q. You drove?
9 A. Yes.
10 Q. Mr. Mansfield was in the vehicle, where?
11 A. In the front seat, next to me.
12 Q. Did you go directly to the hospital?
13 A. Yes.
14 Q. Did you remain there?
15 A. Yes.
16 Q. For how long?
17 A. Until he was released.
18 Q. After he was released, you left?
19 A. No.
20 Q. After he was released, what happened?
21 A. I took him back to his car.
22 Q. Was his car in the same location as you
23 last saw it?
24 A. Yes.
VICTOR NUSSBAUM 18
1 Q. What did you do when you got to his
2 car?
3 A. Gave him his keys.
4 Q. What’s the next thing that happened?
5 A. He drove home.
6 Q. What did you do?
7 A. I drove home.
8 Q. Did you ever have any conversation with
9 Mr. Mansfield prior to the moment that you saw him
10 sitting on the curb?
11 A. No.
12 Q. Did you ever see him or have any
13 contact with him in any way?
14 A. No.
15 Q. Have you had —
16 MR. MARTIN: Off the record.
17
18 (Whereupon, a brief recess was
19 taken by all parties.)
20
21 Q. Have you had any conversations with him
22 after he drove home?
23 A. No.
24 Q. Have you ever had any contact with him
VICTOR NUSSBAUM 19
1 in any way?
2 A. No.
3 Q. In addition to what you’ve already told
4 me, did you have any other conversations with
5 Mr. Mansfield on June 30, 2010?
6 A. Yes.
7 Q. What was the substance — how many
8 conversations?
9 A. One lengthy conversation.
10 Q. In addition to what you’ve already told
11 me, would you tell me the substance of that
12 conversation, please?
13 A. We talked about work, about
14 girlfriends, just —
15 Q. Anything else, sir?
16 A. No.
17 Q. What day of the week was the accident?
18 A. I believe it was a Friday.
19 Q. What were the weather conditions like
20 at the time of the accident?
21 A. Sunny, clear.
22 Q. And what were the conditions of the
23 surface of the road at the time of the accident?
24 MS. CRUZ: The surface of the road, what
VICTOR NUSSBAUM 20
1 do you mean?
2 MR. MARTIN: Ice, snow, rain, rocks,
3 oil.
4 A. Dry.
5 Q. In the 24 hours prior to the accident,
6 did you take any medication of any kind?
7 A. Yes.
8 Q. What kind?
9 A. Five milligrams of Prinivil.
10 Q. How is that spelled?
11 A. P-R-I-N-I-V-I-L.
12 Q. Any other medications?
13 A. No.
14 Q. When did you last take the Prinivil
15 prior to the accident?
16 A. That morning.
17 Q. Was that prescribed by a doctor?
18 A. Yes.
19 Q. Did you take any other medication in
20 the 24 hours prior to the accident?
21 A. No.
22 Q. From the time that you left your office
23 until the moment of the accident, approximately how
24 long were you in your vehicle?
VICTOR NUSSBAUM 21
1 A. Perhaps ten minutes.
2 Q. At the time of the accident, were you
3 wearing eyeglasses?
4 A. Yes.
5 Q. Corrective lenses?
6 A. Yes.
7 Q. Was your car in good mechanical
8 condition at the time of the accident?
9 A. I believe so.
10 Q. From the moment that you started to
11 back up until the moment that you stopped your
12 vehicle, did you observe any mechanical
13 difficulties with the vehicle?
14 A. No.
15 Q. Did you attempt to apply the brake at
16 any time while you were backing up?
17 A. Well, I had my foot on the brake as I’m
18 sliding into the spot; so my foot was on the brake.
19 Q. Was it responding as far as you know?
20 A. Yes.
21 MS. CRUZ: Mr. Nussbaum, in answer to
22 another question, you said while you were backing
23 up, your both feet were on the floor. Now, you
24 just told us that you had your foot on the brake as
VICTOR NUSSBAUM 22
1 you were sliding back, so can you elaborate and
2 clarify this?
3 THE WITNESS: By the floor — I mean,
4 you need pedals to operate the vehicle, you can’t
5 drive with your feet on the floor, I assumed you
6 meant on either the gas or brake or whatever.
7 MS. CRUZ: So while you were backing up,
8 you’re telling us you had your foot on the brake?
9 THE WITNESS: Yes, I was going very
10 slow.
11 Q. At the point on South Street where the
12 accident took place, was that a one-way or a
13 two-way street?
14 A. Two way.
15 Q. How many lanes of moving vehicles in
16 each direction?
17 A. One in each direction.
18 Q. How many lanes were there — was there
19 a parking lane on either side of the street
20 A. Yes.
21 Q. At the moment just before you started
22 reversing your vehicle into the parking space, was
23 your vehicle faced in an easterly direction,
24 westerly, or something else?
VICTOR NUSSBAUM 23
1 A. It was facing west assuming South
2 Street runs east/west, because I think that’s how
3 it runs.
4 Q. Were there meters there for parking at
5 the location where you were backing up?
6 A. No.
7 Q. Are there any pavement markings, like
8 as to where your car should line up on the street;
9 were the parking spaces marked off in any way?
10 A. No.
11 Q. The moment just before you started
12 backing up to your left, was there a parked vehicle
13 there?
14 MS. CRUZ: To his left?
15 A. My left is the street.
16 Q. To your right?
17 A. Yes.
18 Q. Was there anyone in that vehicle?
19 A. I don’t recall.
20 Q. What was the make and model of that
21 vehicle?
22 A. I don’t recall.
23 Q. Was there any construction taking place
24 on the street or the sidewalk in the vicinity of
VICTOR NUSSBAUM 24
1 the parking spot?
2 A. I don’t think so.
3 MS. CRUZ: What was the answer?
4 THE WITNESS: I don’t think so.
5 Q. In the six months immediately prior to
6 the accident, approximately how many times had you
7 been on that section of South Street?
8 A. 75, approximately.
9 Q. In the six months immediately prior to
10 the accident, approximately how many times did you
11 park on the street in front of the post office?
12 A. About 75.
13 Q. At any time while you were backing into
14 the parking space, did you hear any horns blaring?
15 A. No.
16 Q. Any sirens?
17 A. No.
18 Q. Right before you started backing in the
19 parking space, what were the traffic conditions
20 like on South Street?
21 A. Could you be more specific?
22 Q. Sure. As you drove approximately two
23 blocks on South Street to the parking space, would
24 you describe the moving traffic as light, medium,
VICTOR NUSSBAUM 25
1 heavy, or something else?
2 A. Medium.
3 Q. How far was the parking space that you
4 were backing into from the nearest intersection?
5 A. Perhaps 80 feet.
6 Q. And what street is that?
7 A. I believe it’s Depew, D-E-P-E-W.
8 Q. Was that intersection approximately 80
9 feet away, west of the parking spot or east of the
10 parking spot?
11 A. East.
12 Q. So it’s fair to say then, as you were
13 backing up, you were heading generally closer to
14 Depew Street?
15 A. Yes.
16 Q. Are there any witnesses to the
17 accident?
18 MS. CRUZ: That he knows of?
19 A. Not that I know of.
20 Q. Did you, at any time, have any
21 conversation with police about the accident?
22 A. Yes.
23 Q. When was the first conversation — I
24 withdraw that.
VICTOR NUSSBAUM 26
1 Where was the first conversation?
2 A. At the hospital.
3 Q. And who did you have that conversation
4 with?
5 A. First one was with a state trooper.
6 Q. And can you tell me the substance of
7 that conversation, please?
8 A. He said it wasn’t in his jurisdiction,
9 so we didn’t have much of a chance to talk about
10 anything.
11 Q. Where was your next conversation with a
12 police officer or officers about this accident?
13 A. At the hospital.
14 Q. And who was that conversation with?
15 A. It was a Mount Vernon policeman.
16 Q. What was the substance of that
17 conversation?
18 A. He asked us what happened, and we told
19 him.
20 Q. What did you tell him?
21 A. That was I pulling into a spot, and I
22 hit Mr. Mansfield.
23 Q. Did an ambulance arrive at the scene on
24 South Street?
VICTOR NUSSBAUM 27
1 A. No.
2 Q. Did anyone call an ambulance?
3 A. Not that I know of.
4 Q. Did you have any conversation about an
5 ambulance?
6 A. No.
7 MS. CRUZ: Off the record.
8
9 (Whereupon, a discussion was held
10 off the record.)
11
12 Q. The car that you were operating on
13 South Street at the time of the accident, who was
14 that car registered to?
15 A. I’m not sure if it was my wife or me.
16 It’s a lease.
17 Q. One or the other?
18 A. Yes.
19 Q. At the time of the accident, was it
20 insured?
21 A. Yes.
22 Q. By Allstate or someone else?
23 A. Allstate.
24 Q. If it was registered to your wife, did
VICTOR NUSSBAUM 28
1 she give you any indication that you weren’t
2 authorized to use it that day?
3 A. No.
4 MR. MARTIN: I have nothing else.
5 Thank you.
6
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8 (Time noted: 10:50 a.m.)
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VICTOR NUSSBAUM 29
1
STATE OF NEW YORK )
2 ss:
COUNTY OF )
3
4
5 I, VICTOR NUSSBAUM, hereby certify
6 that I have read the pages of the foregoing
7 testimony of this deposition and hereby certify it
8 to be a true and correct record.
9
10 oOo
11
12 ______________________
13 VICTOR NUSSBAUM
14
15
16
17 Sworn to before me this
18 ____day of ______, 2011.
19
20 _______________________
21 Notary Public
22
23
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VICTOR NUSSBAUM 30
1 EXAMINATION BY
2 MR. MARTIN:……………………………. 4:11
3
4 RULING REQUESTED:……………………….. 7:4
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VICTOR NUSSBAUM 31
1 C E R T I F I C A T I O N
2
3 STATE OF NEW YORK )
) ss.
4 COUNTY OF BRONX )
5 I, RANDI RIZZO, Court Reporter and
6 Notary Public within and for the County of
7 Westchester, State of New York, do hereby certify:
8 That I reported the proceedings that
9 are hereinbefore set forth, and that such
10 transcript is a true and accurate record of said
11 proceedings.
12 AND, I further certify that I am not
13 related to any of the parties to this action by
14 blood or marriage, and that I am in no way
15 interested in the outcome of this matter.
16
17 IN WITNESS WHEREOF, I have hereunto
18 set my hand.
19
20
Randi Rizzo
21 Court Reporter
22
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