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THE TESTIMONY OF MR. X  
MAY 5 & 6, 1998 

 MR. LARSON: I WANT TO CALL THE WITNESS UNDER EVIDENCE CODE, 776.
[Mr. X]  
CALLED AS A WITNESS UNDER SECTION 776 BY THE PLAINTIFF, FIRST BEING DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: PLEASE STATE AND SPELL YOUR FULL NAME FOR THE RECORD.
THE WITNESS: [Mr.X]
THE CLERK: THANK YOU.
MR. LARSON: Q. STATE YOUR PRESENT EMPLOYER.
A. CHEVRON PRODUCTS COMPANY.
Q. HOW LONG HAVE YOU BEEN EMPLOYED BY CHEVRON?
A. FOR A LITTLE OVER EIGHTEEN YEARS NOW.
Q. WHAT IS YOUR CURRENT POSITION THERE?
A. I AM A SPECIALIST IN OPERATIONS AND LOGISTICS.
Q. AND WHAT DO YOU DO?
A. I COORDINATE THE MOVEMENT OF MATERIALS THAT WE MAKE IN THE RICHMOND REFINERY, A BASE OIL, OUT OF THE REFINERY, AND ALSO COORDINATE MOVEMENT OF THIRD-PARTY BASE OILS INTO OUR PLANTS ACROSS THE U.S.
Q. ON JANUARY 24,1996 YOUR OFFICE WAS IN SAN FRANCISCO?
A. THAT'S CORRECT.
Q. AND IS IT TRUE THAT ON THAT DATE YOU WERE SCHEDULED TO HAVE A MEETING WITH MR.[P] IN POINT RICHMOND IN ERNIEíS CAF… ON TEWKSBURY AVENUE?
A. YES. IT WAS EDDYíS CAF….
Q. YES. WHAT DID I SAY, ERNIE'S? EDDYíS CAF… ON TEWKSBURY, THOUGH?
A. YES.
Q. WHAT TIME WAS THAT MEETING SCHEDULED FOR?
A. 6:00 OíCLOCK IN THE MORNING.
Q. DID YOU CHECK OUT A CHEVRON VEHICLE THE EVENING OF THE 23RD?
A. YES.
Q. AND IS IT THE -- I KEPT SAYING COMET. IS IT THE TEMPO THAT WE SAW DEPICTED IN THESE PHOTOGRAPHS?
A. YES.
MR. LARSON: I APOLOGIZE, YOUR HONOR. I CALLED IT A COMET. ITíS A TEMPO. 
Q. SO YOU CHECKED THAT OUT AT Ė DID THEY HAVE A CAR POOL AT THE CHEVRON OFFICE IN SAN FRANCISCO?
A. YES.
Q. YOU SIGNED FOR IT, SIGNED FOR THE CAR?
A. YES.
Q. DO THEY CHECK IT OUT FOR DAMAGE BEFORE THEY GIVE IT TO YOU OR DO YOU KNOW?
A. I DONíT KNOW.
Q. ARE YOU REQUIRED TO Ė LIKE A RENTAL CAR, ARE YOU REQUIRED TO TAKE A LOOK AT THE AUTOMOBILE TO MAKE SURE THEREíS NO DAMAGE?
A. NO.
Q. IF THERE IS DAMAGE DO YOU REPORT IT WHEN YOU GO BACK Ė 
A. YES.
Q. -- TAKE IT BACK? AND A REPORT IS MADE?
A. YES.
Q. OKAY. YOU TOOK THAT VEHICLE TO YOUR HOME IN CONCORD THAT EVENING, THATíS THE EVENING OF THE 23RD; IS THAT CORRECT?
A. YES.
Q. AND THEN YOU USED THE CAR TO GO TO YOUR MEETING IN POINT RICHMOND; IS THAT CORRECT?
A. YES.
Q. YOU STARTED FROM CONCORD, TRAVELED THE FREEWAYS, 580, AND EXCITED ON THE OFF RAMP AT CASTRO STREET AND POINT RICHMOND; IS THAT CORRECT?
A. YES.
Q. AND YOU MADE A LEFT TURN UP HERE OFF THE FREEWAY ONTO CASTRO, RIGHT? RIGHT?
A. YES.
Q. AND YOU STOPPED. IS IT YOUR TESTIMONY THAT YOU STOPPED AT THE STOPLIGHT HERE AT THIS INTERSECTION Ė AT THIS STOP LIGHT?
A. YES.
Q. OKAY. YOU WERE IN GOOD Ė I AM GOING TO ASK YOU QUESTIONS NOW, MR. [X]. WHILE YOU WERE PARKED OR STOPPED, RATHER, AT THE STOPLIGHT BEFORE YOU STARTED YOUR ROUTE WHICH EVENTUALLY TOOK YOU TO TEWKSBURY AT THAT TIME WERE YOU IN GOOD HEALTH?
A. YES.
Q. WERE YOU WEARING GLASSES?
A. YES.
Q. AND I NOTICE YOU WERE WEARING GLASSES THE OTHER DAY. WERE THOSE THE GLASSES THAT YOU WORE AT THE TIME OF THE ACCIDENT?
A. NO.
Q. CAN YOU DESCRIBE THE GLASSES YOU WERE WEARING THEN?
A. VERY SIMILAR TO THE GLASSES I HAVE NOW.
Q. COULD WE SEE THEM?
ALL RIGHT. ARE THEY TINTED?
A. NO.
Q. WERE YOU WEARING TINTED GLASSES YESTERDAY?
A. THESE ARE PHOTO-GRAY LENS.
Q. WHICH MEANS Ė
A. ON THE OUTSIDE IN THE SUNLIGHT THEY GET A LITTLE BIT DARKER.
Q. WERE YOU WEARING THOSE YESTERDAY IN COURT?
A. THESE, YES.
Q. THOSE? ALL RIGHT. AND THOSE WERE SIMILAR TO THE ONES YOU WERE WEARING AT THE TIME OF THE ACCIDENT; IS THAT CORRECT?
A. MY PRESCRIPTION HAS CHANGED.
Q. WHEN DID IT CHANGE?
A. ABOUT SIX MONTHS AGO.
Q. AT THE TIME OF THE ACCIDENT THE GLASSES YOU WERE WEARING, HOW LONG HAD IT BEEN SINCE THAT PRESCRIPTION HAD BEEN CHANGED?
A. THAT WAS THE FIRST SET OF GLASSES I HAVE EVER OWNED.
Q. WHEN DID YOU GET THEM?
A. THREE OR FOUR YEARS PRIOR TO THAT.
Q. AS YOU WERE PARKED Ė I AM SORRY Ė STOPPED THERE AT THE STOP LIGHT WHAT WERE THE WEATHER CONDITIONS?
A. THERE WAS A LIGHT RAIN. IT WAS VERY DARK. IT WAS OVERCAST.
Q. THE PAVEMENT WAS WET?
A. YES.
Q. AND AS YOU Ė BY THE WAY, YOU WERE FAMILIAR WITH THIS INTERSECTION AT THAT TIME; WERE YOU NOT?
A. YES.
Q. YOU HAD PASSED IT MANY TIMES?
A. YES.
Q. YOU HAD MEETINGS OVER Ė AS WE GO DOWN TEWKSBURY ON WASHINGTON AVENUE THERE ARE RESTAURANTS IN THAT AREA IN POINT RICHMOND?
A. YES.
Q. AND YOU HAD VARIOUS MEETINGS THERE OVER THE COURSE OF YEARS; IS THAT CORRECT?
A. YES.
Q. YOU HAD OCCASION TO TAKE THE EXACT COURSE HERE OVER THAT INTERSECTION TO GET TO THOSE MEETINGS (INDICATING)?
A. YES.
Q. HOW LONG HAD YOU WORKED AT THE RICHMOND REFINERY BEFORE YOU WENT OVER TO SAN FRANCISCO?
A. ABOUT ELEVEN YEARS.
Q. AS YOU WERE STOPPED HERE Ė BY THE WAY, BEING FAMILIAR WITH THE INTERSECTION YOU KNEW THERE WERE CROSSWALKS IN THE AREA; DID YOU NOT?
A. YES.
Q. YOU KNEW THERE WAS A BUS STOP OVER HERE?
A. YES.
Q. YOU KNEW THAT THERE WERE Ė WELL, ACTUALLY THREE CROSSWALKS HERE, SO YOU KNEW THERE WAS A POSSIBILITY OF PEDESTRIANS IN THE AREA?
A. YES.
Q. AND ALSO TRAFFIC, OF COURSE; IS THAT CORRECT?
A. YES.
Q. NOW, FIRST OF ALL, WAS THERE ANY TRAFFIC IN FRONT OF YOU WHILE YOU WERE THERE?
A. NO.
Q. DID YOU OBSERVE ANY VEHICULAR TRAFFIC IN THE INTERSECTION PRIOR TO YOUR COMING OUT Ė PRIOR TO THE GREEN LIGHT WHEN YOU STARTED FORWARD?
A. NO, I DID NOT.
Q. DID YOU NOTICE ANY PEDESTRIANS IN THE AREA Ė
A. NO, I DID NOT.
Q. -- AT THAT TIME? DID YOU LOOK FOR PEDESTRIANS?
A. YES.
Q. YOU WERE LOOKING STRAIGHT AHEAD AND YOU WERE LOOKING IN THE AREA OF THESE CROSSWALKS AS YOU WERE STOPPED UP HERE; IS THAT CORRECT?
A. AS I WAS STOPPED UP THERE AND AS I WAS APPROACHING THE INTERSECTION?
Q. YES. I GOT YOU STOPPED NOW, MR. [X]. I AM GOING TO GET YOU GOING IN JUST A MINUTE. I AM JUST GOING TO ASK YOU QUESTIONS. AT THE POINT OF TIME WHEN YOU WERE STOPPED Ė YOU HEARD THE OFFICER AND OTHERS TESTIFY REGARDING THE FIVE OVERHEAD STREET LAMPS; DID YOU NOT?
A. YES.
Q. THEY WERE ON AT THE TIME?
A. I DONíT KNOW THAT.
Q. YOU DO NOT KNOW THAT?
A. CORRECT.
Q. DID YOU NOTICE THAT ANY STREET LIGHTS WERE ON AS YOU WERE STOPPED BACK THERE FOR THE LIGHT?
A. THE ONLY LIGHT THAT I NOTICED WAS THE LIGHT THAT WAS FARTHER DOWN ON TEWKSBURY ON THE RIGHT-HAND SIDE.
Q. THE LIGHT WE HAVE DESIGNATED NUMBER THREE; IS THAT CORRECT?
A. I BELIEVE SO.
Q. DID YOU SAY RIGHT SIDE OR LEFT SIDE?
A. ON THE RIGHT-HAND SIDE.
Q. ALL RIGHT. COMING FROM YOUR DIRECTION THE RIGHT-HAND SIDE WOULD BE LIGHT NUMBER TWO?
A. NO. AS YOU ARE GOING DOWN TEWKSBURY ON THE RIGHT-HAND SIDE.
Q. THEN IT WOULD BE LIGHT NUMBER 3?
A. CORRECT.
Q. ALL RIGHT. SO WHEN YOU ARE UP HERE STOPPED YOU DID NOTICE THIS LIGHT -
 A. YES.
Q. -- NUMBER 3? AND THIS IS PLAINTIFF'S 11. IS THAT CORRECT?
A. YES.
Q. NOW, THEREíS NO OBSTRUCTION TO YOUR VISION, NO OBSTRUCTION TO YOUR VISION FROM WHERE YOU WERE STOPPED HERE, TO THE CROSSWALK AREA HERE EXCEPT FOR A STREET LIGHT POLE AND THIS TELEPHONE POLE; IS THAT CORRECT?
A. I BELIEVE SO.
Q. THE FORD TEMPO THAT YOU WERE DRIVING IS A FOUR-DOOR SEDAN; IS THAT RIGHT?
A. I BELIEVE SO.
Q. IS IT AUTOMATIC SHIFT?
A. YES, IT WAS.
Q. AND YOU HAD DRIVEN IT FROM SAN FRANCISCO TO WHERE WE ARE TALKING ABOUT HERE. IS IT TRUE THAT THERE WERE NO MECHANICAL DEFECTS THAT YOU OBSERVED; IS THAT RIGHT?
A. CORRECT.
Q. THE BRAKES WORKED ALL RIGHT?
A. YES.
Q. THE AIR CONDITIONING WAS IN GOOD ORDER SO THAT THERE WAS NO FOG OR OBSTRUCTION ON YOUR WINDSHIELD; IS THAT CORRECT?
A. YES.
Q. YOUR HEADLIGHTS WERE WORKING?
A. YES.
Q. YOU HAD THEM ON LOW BEAM?
A. I BELIEVE I HAD THEM ON LOW BEAM.
Q. ON LOW BEAM?
AND THEY WERE STANDARD HEADLIGHTS, NOTHING SPECIAL ABOUT THEM; IS THAT CORRECT?
A. I BELIEVE SO.
Q. ALL RIGHT. AND THERE WAS NO OBSTRUCTION TO YOUR VISION LOOKING FORWARD FROM INSIDE THE VEHICLE THEN; IS THAT CORRECT?
A. CORRECT.
Q. NO OBSTRUCTION INSIDE AND NO OBSTRUCTION OUTSIDE, CORRECT?
MR. LEE: WELL, YOUR HONOR, HE DID IDENTIFY SOME POLES THERE.
MR. LARSON: THATíS RIGHT.
Q. EXCEPT FOR THE TWO LIGHT POLES?
A. RIGHT.
Q. AT THAT POINT, NOW THAT I HAVE DESCRIBED Ė OH, ONE OTHER: DID YOU OBSERVE A BUS AT THE BUS STOP WHEN YOU WERE BACK HERE (INDICATING)? DID YOU OBSERVE A BUS AT THE BUS STOP?
A. NO, I DID NOT.
Q. ALL RIGHT. I NEED Ė NOW, I AM GOING TO MOVE YOU THROUGH THE INTERSECTION, MR. [X], AND CORRECT ME IF I AT ALL DO NOT ACCURATELY DEPICT YOUR JOURNEY, WHEN THE LIGHT TURNED GREEN FOR YOU, YOU BEGAN TO COME THROUGH THE INTERSECTION IN THIS MANNER; IS THAT CORRECT (INDICATING)?
A. I BELIEVE SO.
Q. AND YOUR HEADLIGHTS WERE ON?
A. YES.
Q. AND YOU WERE LOOKING STRAIGHT AHEAD?
A. AS I WAS APPROACHING THAT AREA I WAS LOOKING INTO THE INTERSECTION AREA. I WAS TRYING TO START TO IDENTIFY ANY HAZARDS.
Q. SUCH AS Ė
A. PEDESTRIANS AND VEHICLES, DOGS. I MEAN Ė
Q. YES 
A. -- ANYTHING.
Q. AND DID YOU SEE ANYTHING AT THIS POINT?
A. NO, I DID NOT.
Q. YOU DID MENTION THAT THERE WAS A GLARE ON Ė AS YOU WERE STOPPED THERE WAS A GLARE ON THE PAVEMENT. DID THAT CONCERN YOU?
A. IT WAS -- IT MADE IT A LITTLE BIT DIFFICULT TO SEE IN THAT AREA.
Q. ALL RIGHT. IN WHICH AREA?
A. THE STREET AREA.
Q. YOU ARE TALKING ABOUT THE AREA OF THE CROSSWALK?
A. THE AREA IN BETWEEN THE -- THE LIGHT POLE ITSELF AND THE CROSSWALK AREA THERE.
Q. YOU ARE TALKING ABOUT THIS LIGHT POLE (INDICATING)? I AM SORRY. YOU SAID LIGHT POLE. DID YOU MEAN LIGHT POLE?
A. YES, I DID.
Q. WHICH LIGHT POLE?
THIS IS NUMBER TWO ON PLAINTIFFíS 11 AND THIS IS NUMBER THREE (INDICATING).
A. CAN I SHOW YOU?
Q. YES, YOU MAY.
A. IT MAY BE EASIER.
Q. OF COURSE.
A. THIS GENERAL AREA HERE (INDICATING).
Q. ALL RIGHT.
EVERYBODY SEE THAT?
THANK YOU.
SO AT APPROXIMATELY THIS POINT IN YOUR JOURNEY YOU WERE LOOKING OVER IN THIS AREA, THE AREA BETWEEN -- ON PLAINTIFFíS 11, LIGHT NUMBER THREE AND THE CROSSWALK?
A. I AM SORRY. COULD YOU REPEAT THAT?
Q. YES. WHEN YOU WERE IN THIS AREA -- I AM TRYING TO ASK WHERE YOUR VISION WAS, WHERE YOU WERE LOOKING. AND I SAID, ďSTRAIGHT AHEADĒ? AND YOU SAID, NO, YOU WERE LOOKING OVER IN THIS AREA BETWEEN THE LIGHT AND THE CROSSWALK ON NUMBER THREE.
MR. LEE: I OBJECT, YOUR HONOR. I DONíT THINK THAT WAS HIS TESTIMONY. 
MR. LARSON: OKAY
THE COURT: WAS THAT YOUR TESTIMONY? WAS THAT YOUR TESTIMONY?
THE WITNESS: I AM CONFUSED BY -- I DONíT REALLY UNDERSTAND THE QUESTION.
 THE COURT: ASK ANOTHER QUESTION.
MR. LARSON: I WILL START OVER.
Q. WHERE WERE YOU LOOKING, MR. [X], WHEN YOU WERE IN THIS AREA (INDICATING) --
A. I WAS LOOKING Ė
Q. -- WHEN YOUR VEHICLE WAS IN THIS AREA?
A. I BELIEVE I WAS LOOKING IN THE INTERSECTION AREA AT THAT TIME.
Q. WHEN YOU SAY, ďINTERSECTION AREAĒ, CAN YOU BE MORE DEFINITE, OR WERE YOU JUST GENERALLY LOOKING TOWARD THE INTERSECTION?
A. AS I WAS APPROACHING THE INTERSECTION, AND I WAS TRYING TO SCAN THE INTERSECTION IN AN EFFORT TO DETERMINE IF THERE WAS ANY HAZARDS, PEDESTRIANS, ONCOMING CARS --†
Q. WAS THE GLARE MAKING IT DIFFICULT FOR YOU TO SEE?
A. IT DEPENDS ON WHAT AREA YOU ARE TALKING ABOUT. I NEED YOU TO BE MORE SPECIFIC. I AM SORRY.
Q. SURE. WAS THERE ANY AREA -- AT THIS POINT IN YOUR JOURNEY WAS THERE ANY AREA WHICH YOU FELT THE GLARE WAS MAKING IT DIFFICULT FOR YOU TO OBSERVE --†
A. THE ONLY AREA THAT THE GLARE WAS IN IS THE AREA I HAD INDICATED, AND I DONíT KNOW IF IT WAS MAKING IT DIFFICULT FOR ME TO SEE. I OBSERVED THE GLARE.
Q. WERE YOU CONCERNED ENOUGH ABOUT THE SITUATION, THE LIGHTING, THE GLARE, DARKNESS, THE RAIN TO TAKE ANY SPECIAL PRECAUTIONS AT THIS POINT?
A. I TRIED TO MAKE SURE THAT I WAS GOING THROUGH THE INTERSECTION SAFELY. SO I WAS TRYING TO LOOK THROUGH THE INTERSECTION AND WATCHING MY SPEED.
Q. WHAT WAS YOUR SPEED?
A. I DONíT RECALL.
Q. AND LETíS PUT YOU DOWN A LITTLE FARTHER NOW (INDICATING). THIS IS JUST BEFORE YOU MAKE YOUR LEFT TURN; IS THAT CORRECT?
A. YES.
Q. YOU ARE JUST ABOUT TO MAKE A LEFT TURN.
NOW WHERE ARE YOU LOOKING AT THAT POINT?
A. IF YOU ARE ASKING ME SPECIFICALLY, I DONíT RECALL WHEN I WAS AT THAT POINT IN THE TURN WHERE I WAS LOOKING.
Q. YOU DONíT KNOW WHETHER YOU WERE LOOKING STRAIGHT AHEAD OR TO THE RIGHT OR LEFT?
A. I WAS LOOKING IN THE DIRECTION I WAS TRAVELING.
Q. STRAIGHT AHEAD?
A. I AM NOT TRYING TO BE EVASIVE, BUT I CANíT TELL YOU THAT I WAS LOOKING STRAIGHT AHEAD. I WAS LOOKING IN THE AREA OF THE DIRECTION I WAS TRAVELING.
Q. YOUR HEADLIGHTS WERE STILL ON, OF COURSE?
A. YES.
Q. WERE YOU LOOKING IN THE AREA WHERE YOUR HEADLIGHTS WERE ILLUMINATING?
A. MORE THAN LIKELY.
Q. AND YOU DIDNíT SEE ANYTHING? YOU DIDNíT SEE MS. [S] --A. CORRECT.
Q. -- IS THAT RIGHT? ALL RIGHT. NOW IF I BRING YOU DOWN -- HOW FAST WERE YOU GOING RIGHT HERE JUST BEFORE YOU MAKE THAT LEFT TURN?
A. NOT VERY FAST.
Q. CAN YOU GIVE AN ESTIMATE?
A. I WASNíT GOING VERY FAST. IF YOU -- IF YOU WANT ME TO ESTIMATE, IT WOULD BE A GUESS ON MY PART.
Q. WELL, WE CANíT HAVE GUESSES, ONLY ESTIMATES. NOW, ABOUT -- LETíS TAKE IT RIGHT ABOUT HERE AS YOU START TO MAKE YOUR LEFT TURN (INDICATING). YOUR HEADLIGHTS ARE STILL ON; IS THAT RIGHT?
A. CORRECT.
Q. AND THEY REMAINED ON ALL DURING THIS -- RIGHT UP TO THE IMPACT; ISNíT THAT RIGHT?
A. YES.
Q. SO YOUR HEADLIGHTS ARE ON. AND WHERE ARE YOU LOOKING AT THIS PARTICULAR POINT WHERE YOUR VEHICLE IS LOCATED?
A. AGAIN PROBABLY IN THE DIRECTION THAT I AM TURNING OR IN THE DIRECTION OF THE TRAVEL OF THE VEHICLE.
Q. I AM SORRY. WHAT?
A. THE DIRECTION OF THE TRAVEL OF THE VEHICLE.
Q. DOES THAT MEAN STRAIGHT AHEAD? ARE YOU TELLING ME YOU ARE LOOKING STRAIGHT AHEAD?
A. I WOULD ASSUME, YES. I MEAN, EXCUSE ME. I AM HAVING DIFFICULTY ANSWERING THE QUESTION BECAUSE WHETHER I WAS LOOKING STRAIGHT AHEAD OR IF I WAS SCANNING -- I WAS LOOKING IN THE FORWARD DIRECTION OF THE VEHICLE, IF THAT HELPS.
Q. YOU WERE LOOKING IN THE FORWARD DIRECTION OF THE VEHICLE?
AND MAY I -- DOES THAT MEAN YOU WERE ALSO LOOKING AT WHERE YOUR HEADLIGHTS WERE ILLUMINATING, IN THAT DIRECTION?
A. YES.
Q. NOW, AT SOME POINT BEFORE YOU REACHED THE CROSSWALK YOUR CAR IS GOING TO BE MAKING THAT LEFT TURN -- NOT QUITE--†
THE COURT: I HOPE YOU HAVE PROPERTY DAMAGE ON THAT TOY CAR.
MR. LARSON: MR. LEE, YOUR SON IS GOING TO BE FURIOUS. I AM DENYING EVERYTHING. I WANTED TO USE A PIECE OF PAPER, BUT NO, WE HAD TO GET THIS.
Q. AT SOME POINT, AND I AM GOING TO PUT YOU RIGHT HERE RIGHT IN FRONT OF THE CROSSWALK, AND, CORRECT ME IF THESE POSITIONS ARE WRONG, IS THAT ABOUT WHERE YOUR CAR WAS AS YOU WERE MAKING THIS TURN; IS THAT A POSITION THAT YOUR CAR WAS IN AS YOU WERE MAKING THIS TURN (INDICATING)?
A. CAN I --†
Q. SURE.
A. IN EXECUTING THE TURN IT IS MY BELIEF THAT I CAME OUT OF THIS LANE HERE AND TRIED TO POSITION MYSELF INTO THIS LANE HERE (INDICATING). OKAY? SO IF YOU WANT TO PUT ME RIGHT THERE, IT MAY BE REASONABLE.
Q. ALL RIGHT. GOOD. THANK YOU. IS THAT ABOUT RIGHT?
A. IT IS REASONABLE.
Q. NOW, WE ARE GETTING THE ANGLE OF THE TURN. AGAIN YOU ARE LOOKING STRAIGHT AHEAD IN THE AREAS BEING ILLUMINATED BY YOUR HEADLIGHTS; IS THAT CORRECT?
A. I BELIEVE SO, YES.
Q. AND DID YOU SEE ANYTHING AT THAT POINT?
BY ďANYTHING,Ē I MEAN ANY MOVING PERSON, PEDESTRIAN.
A. NOT THAT I RECALL.
Q. NOW AT SOME POINT YOU ENTERED THE INTERSECTION -- THE AREA OF THE CROSSWALK; IS THAT CORRECT?
A. CORRECT.
Q. AND --†
MR. PURNELL: THEREíS TAPE RIGHT THERE (INDICATING). 
MR. LARSON: EMERGENCY TAPE HERE.
Q. IN FACT, YOU BETTER PUT YOUR CAR WHERE YOU THINK IT CAME ACROSS THERE. I WANT TO KNOW WHERE YOUR CAR WAS, THE POSITION OF YOUR VEHICLE, JUST AS YOU ENTERED THE CROSSWALK.
A. (WITNESS COMPLIES).
Q. THIS IS YOUR FRONT BUMPER, THE FIRST LINE OF THE CROSSWALK (INDICATING) -
A. PROBABLY IN THIS AREA HERE SOMEWHERE (INDICATING).
Q. CAN YOU STAMP IT THERE? STICK IT? THANK YOU. AND AGAIN YOU WERE LOOKING STRAIGHT AHEAD IN THE AREA WHERE YOUR HEADLIGHTS WERE POINTING; IS THAT CORRECT?
A. YES.
Q. YOU HAD NO OCCASION DURING THIS TURN TO TAKE YOUR HEAD OR YOUR EYES AWAY FROM A FORWARD VIEW; WOULD THAT BE CORRECT?
A. YES.
Q. AND WHAT DID YOU SEE AT THIS POINT? DID YOU SEE A PEDESTRIAN?
A. NO, I DID NOT.
Q. I AM GOING TO MOVE YOUR CAR, AND I AM GOING TO MOVE IT IN THE SAME DIRECTION, AND YOU TELL ME WHETHER -- I AM GOING TO MOVE IT RIGHT UP TO THE EDGE THERE. WOULD THAT BE THE POSITION OF YOUR VEHICLE PRIOR TO THE IMPACT OR NOT? YOU CAN COME DOWN AND CHANGE THIS.
A. PROBABLY CLOSE.
Q. ALL RIGHT. AND WHAT DID YOU SEE AT THAT POINT? DID YOU SEE A PEDESTRIAN?
A. I AM GOING TO HAVE A LITTLE BIT OF DIFFICULTY ONLY IN THAT I DONíT KNOW WHICH POINT I SAW MS. [S].
Q. DID YOU EVER SEE MRS. [S] BEFORE YOU HIT HER?
A. JUST INSTANTANEOUSLY PRIOR. NO.
Q. A MICRO SECOND BEFORE?
A. YES.
Q. AND WHAT DID YOU SEE AT THAT POINT? WHAT PART OF HER BODY DID YOU SEE?
A. I WAS LOOKING FORWARD AND WHAT CAUGHT MY ATTENTION WAS TO THE RIGHT-HAND SIDE IT WAS -- THIS MOVEMENT THAT SHE HAD MADE THAT LIT UP HER FACE.
Q. YOU SAW HER FACE?
A. I SAW HER FACE, YES.
Q. DID YOU SEE ANY OTHER PARTS OF HER BODY THAT YOU RECALL?
A. NO. THE REST OF HER BODY APPEARED TO BE DARK.
Q. SO YOU DID NOT SEE -- WELL, DID YOU SEE MOVEMENT ON HER PART?
A. THE ONLY MOVEMENT THAT I SAW WAS THE MOVEMENT OF HER HEAD, AND IT WAS JUST OFF TO THE RIGHT-HAND SIDE CORNER OF THE PASSENGERíS SIDE THERE WHEN SHE TURNED HER HEAD.
Q. TURNED HER HEAD LIKE THIS TOWARD YOU?
A. TURNED HER HEAD VERY QUICKLY. A LOOK LIKE THAT (INDICATING).
Q. LIKE THAT (INDICATING)?
A. VERY QUICKLY.
Q. AND WHAT HAPPENED THEN?
A. THEN I HIT HER. I WENT TO APPLY MY BRAKES AND THE VEHICLE HIT HER.
Q. YOU SAID YOU HIT HER. WHAT HAPPENED TO HER WHEN THE IMPACT OCCURRED?
A. SHE CAME UP AND HIT THE HOOD, AND THEN SHE CAME OFF OF THE CAR AND LANDED ON THE STREET.
Q. WHEN YOU ARE IN THIS POSITION AND YOU HADNíT SEEN ANYONE YET, HADNíT SEEN MRS. [S] YET, YOU HAD ALMOST COMPLETED YOUR LEFT TURN; IS THAT CORRECT?
A. YES.
Q. AND YOUR FOOT WAS ON THE ACCELERATOR?
A. I DONíT KNOW THAT.
Q. WAS IT ON THE BRAKE?
A. I DONíT RECALL. I DONíT BELIEVE SO.
Q. OKAY. AND HOW FAST WERE YOU GOING AT THAT POINT?
A. NOT VERY FAST AT ALL.
Q. GIVE ME AN ESTIMATE, IF YOU CAN. NO GUESSES.
A. WELL, IT WOULD BE A GUESS.
Q. WHEN YOU SAW MRS. [S] FACE DID YOU TAKE YOUR FOOT OFF THE ACCELERATOR?
A. WHEN I SAW HER FACE I MOVED MY FOOT TO THE BRAKE AND I APPLIED THE BRAKE.
Q. BUT YOU DONíT KNOW WHETHER YOU WERE ACCELERATING AT THAT POINT; IS THAT CORRECT?
A. THATíS CORRECT.
Q. BUT YOU DO KNOW YOU TOOK YOUR FOOT AND PUT IT ON THE BRAKE?
A. YES.
Q. THE BRAKES TOOK HOLD?
A. YES.
Q. AND YOU STOPPED YOUR VEHICLE. AND YOU HAVE A PHOTOGRAPH OF WHERE IT STOPPED; DO WE NOT? YOU HAVE SEEN PLAINTIFFíS NUMBER 1?
A. YES.
Q. ALL RIGHT. AND I AM GOING TO GUESS, AND YOU COME DOWN AND CORRECT ME. I WANT TO LOOK AT THE PHOTOGRAPH.
MR. LEE: YOU CAN LOOK AT THESE (INDICATING).
MR. LARSON: YES, THIS IS FINE.
MR. LEE: AND THIS ONE (INDICATING).
MR. PURNELL: TURN THIS ON (INDICATING)?
MR. LARSON: SURE.
Q. I WILL SHOW YOU PLAINTIFFíS NUMBER 1 AND PLAINTIFFíS NUMBER 3. AND I WILL ASK YOU, SIR, IF THOSE PHOTOGRAPHS ACCURATELY REFLECT THE POSITION OF YOUR AUTOMOBILE AFTER YOU STOPPED IT AND AFTER IMPACT?
A. YES.
Q. ALL RIGHT. I AM GOING TO PLACE YOUR VEHICLE, AND YOU CAN CORRECT ME -- I AM GOING TO PUT YOUR LEFT WHEEL ON THE CROSSWALK LINE, AND I AM GOING TO PUT YOU ALMOST PARALLEL AND PRETTY CLOSE TO THIS -- THESE MARKERS ON THE TRAFFIC ISLAND THERE (INDICATING). COULD YOU COME DOWN HERE? I WOULD LIKE YOU TO COMPARE THAT POSITION WITH THE PICTURE AND WITH YOUR MEMORY AND GIVE ME YOUR BEST RECOLLECTION OF THE POSITION OF YOUR VEHICLE AFTER IMPACT AND AFTER IT HAD STOPPED. AM I CLOSE OR NOT?
A. THATíS CLOSE.
Q. OKAY. THANK YOU. BE SEATED. DID YOU TAKE ANY ACTION, MR. [X], TO AVOID THE COLLISION?
A. OTHER THAN APPLYING MY BRAKES, NO.
Q. WAS MRS. [S] -- WAS MRS. [S] IN THE CROSSWALK WHEN YOU HIT HER?
A. I DONíT KNOW.
Q. NOW, YOU SAY THAT YOU HIT HER ON THE LEFT SIDE; IS THAT CORRECT?
A. YES.
Q. AND SHE CAME UP ON THE HOOD OF YOUR CAR?
A. YES.
Q. HOW FAR UP ON THE HOOD?
A. JUST CAME OVER ONTO THE HOOD AND THEN CAME OFF THE HOOD.
Q. DID SHE COME UP AS FAR AS THE WINDSHIELD WIPERS?
A. NO.
Q. OKAY. DID SHE COME HALFWAY UP ON THE HOOD BETWEEN THE WINDSHIELD AND THE END OF THE GRILL; THAT FAR?
A. IT APPEARED THAT SHE CAME OVER FROM THE WAIST ONTO THE HOOD AND THEN BACK OFF.
Q. DID HER BODY COME OFF THE FRONT OF YOUR CAR BEFORE OR AFTER YOU BROUGHT IT TO A STOP?
A. I BELIEVE IT CAME OFF WHEN THE VEHICLE STOPPED.
Q. YOU WERE STILL MOVING WHEN YOU HIT HER?
A. I THINK SO.
Q. AND WHEN YOUR VEHICLE STOPPED AND SHE CAME OFF THE HOOD DID YOU SEE HER BODY AS IT WENT ACROSS THE ROAD?
A. IT CAME OFF THE HOOD AND SHE WENT OVER -- AND SHE WENT OVER -- CAME OFF THE HOOD AND ONTO THE STREET AREA THERE NEAR THE DRIVEWAY.
Q. DID SHE FLY THROUGH THE AIR, LITERALLY FLY, PROPELLED THROUGH THE AIR AND THEN LANDED OVER HERE IN THE DRIVEWAY? IS THAT WHAT HAPPENED? OR DID SHE ROLL OFF YOUR HOOD AND COME OVER HERE (INDICATING)?
A. I DONíT RECALL HER ROLLING, NO.
Q. OKAY. YOU DONíT RECALL HER ROLLING? DO YOU RECALL HER BEING PROPELLED THEN FROM YOUR HOOD ONTO THE SIDEWALK OR DRIVEWAY?
A. YES.
Q. AND SHE LANDED UP IN THIS DRIVEWAY? SHE LANDED IN THIS DRIVEWAY; IS THAT YOUR RECOLLECTION? YOU WANT TO COME DOWN HERE AND GET A BETTER VIEW? YOU KNOW WHAT I CAN DO? I CAN DO THIS AND BLOCK IT OFF. I AM REFERRING TO THIS DRIVEWAY HERE FOR THE ERICKSON BUILDING (INDICATING).
A. OKAY.
Q. IS THIS ABOUT WHERE SHE LANDED, THIS SIDE OF THE DRIVEWAY?
A. I RECALL HER BEING RIGHT AT THE CURVATURE AREA OF THE DRIVEWAY.
Q. THE START OF THE DRIVEWAY?
A. YES.
Q. IF THIS IS THE CURVATURE, THIS V-SHAPE, IT WOULD BE RIGHT HERE (INDICATING)?
A. IN THE STREET.
Q. IN THE STREET?
A. YES.
Q. I AM GOING TO ASK YOU TO MARK THAT SPOT FOR ME ON THE DIAGRAM, IF YOU WILL COME DOWN, PLEASE, AND WE WILL USE A RED MARKER. AND THIS IS PLAINTIFFíS 11. AND MR. [X] IS MARKING THE SPOT WHERE MS. [S] ENDED UP.
MR. LEE: YOUR HONOR, MAY WE HAVE A SIDEBAR?
MR. LARSON: COULD I GET THE MARK FIRST?
MR. LEE: BEFORE THE MARK.
THE COURT: YES.
(SIDEBAR CONFERENCE)
MR. LARSON: Q. YES. COULD YOU MARK WITH THE LETTER A, PLEASE?
A. LETTER A?
Q. A, PLEASE.
THE CLERK: WHAT IS THIS MARKED?
MR. LARSON: PLAINTIFFíS 11? 
THE WITNESS: THAT APPEARS TO BE WHERE THE PHOTO DEPICTS.
 MR. LARSON: Q. IS IT ALSO IN CONFORMITY WITH YOUR RECOLLECTION, MR. [X]?
A. I RECALL SHE WAS IN THIS AREA (INDICATING).
Q. THANK YOU.
MR. LEE: YOUR HONOR, CAN WE INFORM THE JURY AT THIS TIME THAT WE ARE GOING TO SHOW THEM EXACTLY WHERE IT IS?
MR. LARSON: YOU KNOW, I HAVENíT SEEN THE MEASUREMENTS YET, BUT IN ALL PROBABILITY WE MAY BE ABLE TO STIPULATE TO THIS AREA WHERE SHE LANDED. THE COURT: ALL RIGHT.
MR. LARSON: Q. MR. [X], AFTER YOU HAD BROUGHT THE VEHICLE TO A STOP WHAT DID YOU DO?
A. I GOT OUT OF THE CAR AND I APPROACHED MS. [S].
Q. AND WHAT WAS HER CONDITION WHEN YOU SAW HER? FIRST OF ALL, WHAT WAS YOUR POSITION?
A. SHE WAS IN A SEATED POSITION, AS I RECALL, ONE LEG EXTENDED IN A -- SEATED UPRIGHT LEANING BACK ON HER ARM.
Q. DID YOU HAVE A CONVERSATION WITH HER AT THAT TIME?
A. YES, I DID.
Q. AND TELL THE JURY WHAT YOU SAID TO HER AND WHAT SHE SAID TO YOU AT THAT TIME SO FAR AS YOU REMEMBER.
A. I DONíT RECALL THE SPECIFIC WORDS, BUT I INITIALLY APPROACHED HER AND ASKED HER -- I TOLD HER Ė ASKED HER TO BE STILL; ASKED HER WHERE SHE WAS HURT; ASKED HER HOW SHE WAS FEELING, AND SHE INDICATED THAT HER LEFT SIDE HURT. AND AS I WAS TALKING TO HER I WAS TRYING TO LOOK AT HER TO SEE IF THERE WERE ANY VISIBLE SIGNS OF ANY BLEEDING OR ANYTHING THAT WOULD CALL MY ATTENTION TO A PROBLEM OTHER THAN WHAT EXISTED THERE. I TOLD HER -- AT THAT POINT I TOLD HER I WAS GOING TO CALL 911. I WENT BACK TO MY CAR, GOT MY CELL PHONE, DIALED 911 AND ADVISED THEM OF AN ACCIDENT AND ASKED FOR UNITS TO RESPOND. THEN I WENT BACK TO MS. [S].
Q. YES. AND SHE ASKED YOU TO CALL FRIENDS FOR HER?
A. NO. WHAT HAPPENED, I ASKED HER IF THERE WAS SOMEBODY I COULD CALL FOR HER TO HAVE COME DOWN TO THE SCENE HERE.
Q. AND YOU DID THAT FOR HER?
A. YES. SHE GAVE ME A PHONE -- THE FIRST PHONE NUMBER AND IF I RECALL I GOT AN ANSWERING MACHINE.
AND THEN SHE GAVE ME A SECOND PHONE NUMBER AND THAT IS WHEN I TALKED TO THE INDIVIDUAL THAT RESPONDED.
Q. ALL RIGHT. YOU STAYED UNTIL THE POLICE ARRIVED?
A. YES.
Q. YOU GAVE THE STATEMENT. DID YOU GIVE THE STATEMENT THAT OFFICER HILL HAS TESTIFIED TO; WERE THOSE YOUR STATEMENTS?
A. WITH RESPECT TO HER CONDITIONS?
Q. YES. EVERYTHING THAT Ė I AM TRYING TO SHORT STOP IT. HE TESTIFIED TO CERTAIN THINGS THAT YOU TOLD HIM. WERE THOSE TRUE?
A. OFFICER HILL INDICATED THAT THE INTERSECTION WAS DIM. I DONíT RECALL USING THAT WORD.
Q. WHAT WORD DID YOU USE?
A. DARK IS THE WORD I USED TO DESCRIBE THE SITUATION.
Q. YOU DID? TO HIM, WHEN YOU TALKED TO HIM?
WOULD YOU USE THAT WORD TODAY?
A. YES.
Q. AND SO YOU ARE SAYING THE INTERSECTION WAS DARK AND NOT DIM; IS THAT CORRECT IN YOUR OPINION?
A. WHEN I FIRST PERCEIVED THE AREA MY IMPRESSION WAS THAT IT WAS DARK.
Q. WHEN YOU FIRST PERCEIVED THE AREA YOU WERE BACK HERE (INDICATING); YOU WERE BACK SOME WAYS AWAY?
HOW ABOUT WHEN YOU GOT CLOSER, WAS IT STILL DARK TO YOU?
A. YES.
Q. DID IT EVER BECOME DIM RATHER THAN DARK, THAT YOU RECALL?
A. NO.
Q. THE POLICE ARRIVED. YOU GAVE A STATEMENT. WHERE THERE ANY OTHER -- IS THERE ANY OTHER THING THAT OFFICER HILL TESTIFIED ABOUT YOUR STATEMENTS THAT YOU DO NOT AGREE WITH?
A. I APOLOGIZE. I DONíT RECALL EVERYTHING THAT OFFICER HILL SAID.
Q. OF COURSE. LET ME Ė DID YOU TELL OFFICER HILL Ė YOU ARE MR. [X]. DID YOU TELL OFFICER HILL Ė THANK YOU, MADAM REPORTER. DID YOU TELL OFFICER HILL THAT YOU HAD JUST DRIVEN YOUR VEHICLE SOUTHBOUND UNDER THE 580 OVERPASS AND WAS ATTEMPTING TO MAKE A LEFT TURN ONTO TEWKSBURY AVENUE?
A. THOSE ARE PROBABLY NOT THE WORDS I USED.
Q. WHAT WORDS DID YOU USE?
A. I PROBABLY INDICATED TO THE OFFICER THAT I HAD JUST COME DOWN CASTRO STREET FROM THE 580 OFF RAMP.
Q. DID YOU TELL OFFICER HILL THAT YOU DIDNíT SEE MRS. [S] CROSSING THE STREET AND STRUCK HER WITH THE RIGHT FRONT PORTION OF YOUR VEHICLE?
A. PROBABLY.††
Q. AND DID YOU STATE TO OFFICER HILL THAT THIS INTERSECTION IS KIND OF DIM, AND THE WET PAVEMENT REFLECTING OFF THE GROUND FROM THE LIGHT IMPAIRED YOUR VISION SLIGHTLY?
A. AGAIN I DONíT RECALL USING THE WORD DIM. WE DID DISCUSS THE FACT THAT THE INTERSECTION WAS DARK AND THAT THERE WAS A GLARE ON THE STREET.
Q. AND DID YOU TELL HIM THAT THE LIGHT IMPAIRED YOUR VISION SLIGHTLY?
A. I DONíT RECALL --†
Q. MAKING THAT STATEMENT?
A. CORRECT.
Q. YOU WERE THERE WHEN THE AMBULANCE TOOK MRS. [S] AWAY?
A. YES.
Q. AND DID YOU GIVE ANY OTHER INFORMATION OR STATEMENT TO THE POLICE WHILE YOU WERE AT THE SCENE OTHER THAN WHAT YOU HAVE TOLD US THIS AFTERNOON?
A. NOT THAT I RECALL.
Q. DID YOU MAKE ANY FURTHER STATEMENTS TO THE POLICE REGARDING THIS ACCIDENT?
A. ARE YOU TALKING ABOUT AFTER --†
Q. YES.
A. -- THE DATE OF THE EVENT?
Q. YES, AFTER THE DATE OF THE EVENT TO THE POLICE DEPARTMENT OR A MEMBER OF THE POLICE DEPARTMENT.
A. I DONíT THINK -- NO.
Q. YOU DID NOT? DID YOU AT ANY TIME OBSERVE THE DAMAGE TO THE GRILL OF YOUR--†WE CAN FORGET THE OVERHEAD THERE. THANK YOU, DAN. DID YOU AT ANY TIME OBSERVE THE DAMAGE WHICH MR. R. S.  DESCRIBED THAT THAT PHOTOGRAPH SHOWS?
THE COURT: THATíS PLAINTIFFíS 7-A? MR. LARSON: PLAINTIFF 7-A, YES, YOUR HONOR.
THE WITNESS: NO, I DID NOT.
MR. LARSON: Q. TO THIS DAY HAVE YOU EVER OBSERVED THAT DAMAGE?
A. NO, I HAVE NOT.
Q. IS THIS THE FIRST TIME YOU HAVE SEEN IT LOOKING AT THAT PHOTOGRAPH?
A. YES.
Q. DID YOU LOOK ON THE FRONT OF YOUR CAR WHILE YOU WERE AT THE SCENE OF THE ACCIDENT TO SEE IF THERE WAS ANY DAMAGE?
A. YES, I DID.
Q. AND HOW CLOSELY DID YOU LOOK?
A. I TRIED TO LOOK VERY CLOSELY.
Q. DID YOU LOOK CLOSE ENOUGH THAT IF THIS DAMAGE HAD BEEN THERE YOU WOULD HAVE SEEN IT OR WOULD HAVE ESCAPED YOUR NOTICE?
A. WHEN I LOOKED AT THE FRONT OF THE VEHICLE I WOULD HAVE HOPED I WOULD HAVE SEEN THAT IF IT WAS THERE.
Q. BUT YOU DIDNíT; IS THAT CORRECT?
A. CORRECT.
Q. DID YOU GO TO YOUR MEETING?
A. YES.
Q. AND MR. [P] CAME DOWN TO THE SCENE, I THINK, DID HE NOT?
A. HE ACTUALLY ARRIVED AT THE SCENE, YES.
Q. HE ARRIVED AT THE SCENE. AND AFTER THE POLICE WERE GONE AND AFTER THE AMBULANCE WAS GONE, YOU AND MR. [P] HAD YOUR MEETING AT THE RESTAURANT THAT I KEEP CALLING ERNIEíS BUT ACTUALLY ITíS EDDYíS?
A. YES.
MR. LARSON: THATíS ALL I HAVE. THANK YOU. THE COURT; REDIRECT.
MR. LEE: YOUR HONOR, I WILL WAIT UNTIL OUR CASE TO QUESTION MR. [X].
THE COURT: ALL RIGHT. ANYTHING FURTHER OF THIS WITNESS TODAY?
MR. LARSON: NOTHING FURTHER.
THE COURT: THANK YOU, SIR, FOR BEING WITH US TODAY, AND AT THIS TIME YOU ARE EXCUSED FOR THE MOMENT AND SUBJECT TO RECALL.
MR. LARSON: JUDGE, I AM OUT OF WITNESSES. THAT IS WHAT I DISCUSSED WITH YOU EARLIER. THE GOOD NEWS IS IT LOOKS LIKE I AM GOING TO FINISH MY CASE ON THURSDAY, AND I THINK CONSUL EVEN HAS SAID --†
WHAT, A DAY AND A HALF?
-- AFTER THAT FOR HIM. BUT WE HAVE HAD TO REALLY -- I HAVE REALLY HAD TO SWITCH MY WITNESSES AROUND AND I HAVE NOTHING FURTHER.
THE COURT: ALL RIGHT. AT THIS POINT WE APPEAR TO HAVE GONE AS FAR AS WE CAN GO TODAY UNDER THE CIRCUMSTANCES, AND COUNSEL ARE AHEAD OF SCHEDULE. I CANíT BE TOO UPSET. WE GOING TO ADJOURN FOR THE DAY. I WANT TO REMIND YOU NOT TO DISCUSS THE CASE AMONGST YOURSELVES, NOR WITH ANYONE ELSE. IF ANYONE CONTACTS YOU ABOUT THIS CASE, I WANT TO HEAR ABOUT IT TOMORROW WHEN WE RECONVENE, TOMORROW AT 9:OO OíCLOCK.† 

MAY 6, 1996
THE COURT: FIRST WITNESS.
MR. LEE: YES, YOUR HONOR. DEFENDANTS CALL MR. [X].
[Mr. X] 
CALLED AS A WITNESS ON HIS OWN BEHALF, FIRST BEING DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: PLEASE STATE AND SPELL YOUR FULL NAME FOR THE RECORD.
THE WITNESS: [Mr. X]
THE CLERK: THANK YOU.
DIRECT EXAMINATION BY MR. LEE: 
Q. GOOD MORNING, MR. [X].
A. GOOD MORNING.
Q. MR. [X], DO YOU AGREE WITH THIS STATEMENT CONCERNING THE INTERSECTION OF TEWKSBURY AVENUE AND CASTRO STREET ON THE MORNING OF JANUARY 24, 1996:--†††
MR. LARSON: OBJECTED TO AS LEADING AND SUGGESTIVE. THE COURT: SUSTAINED AS ASKED.
MR. INOUYE: Q. MR. [X], I WOULD LIKE YOU TO TAKE A LOOK AT PLAINTIFFíS EXHIBIT 11 WHICH IS THIS SCALED DIAGRAM OF THE INTERSECTION. DO YOU SEE WHERE THE LIGHTS ARE LOCATED ON THAT SCALED DIAGRAM?
A. YES, I DO.
Q. DID THOSE LIGHTS LITE UP THE ENTIRE INTERSECTION?
A. NO, THEY DID NOT.
Q. WAS THERE A GLARE ON THE STREET PAVEMENT ON TEWKSBURY AVENUE?
A. YES.
Q. DID THAT GLARE AFFECT YOUR VISION OF THAT STREET PAVEMENT?
MR. LARSON: YOUR HONOR, I OBJECT TO LEADING QUESTIONS. THESE ARE IMPORTANT POINTS AND THE WITNESS SHOULD NOT BE LED.
THE COURT: THIS IS PRELIMINARY.
OVERRULED.
YOU MAY ANSWER THE QUESTION.
THE WITNESS: I AM SORRY. COULD YOU REPEAT THE QUESTION?
MR. LEE: Q. DID THAT GLARE AFFECT YOUR ABILITY TO SEE PEDESTRIANS CROSSING TEWKSBURY AVENUE?
THE COURT: NOW, THATíS LEADING COUNSEL. ALL RIGHT. MR. LEE: 
Q. LET ME ASK YOU: DID YOUR CAR SKID WHEN YOU APPLIED YOUR BRAKE?
A. NO.
Q. DID THE CAR STOP IMMEDIATELY?
A. THE CAR -- I APPLIED THE BRAKES AND THE CAR STOPPED.
Q. OKAY.
Q. DID YOU LOOK FOR DAMAGE ON YOUR CAR AFTERWARD?
A. YES, I DID.
Q. DID YOU SEE ANY DAMAGE TO YOUR CAR?
A. NO, I DID NOT.
MR. LEE: WE HAVE HAD AN EXHIBIT NUMBER 7 ĖCOUNSEL, DO YOU HAVE THAT EXHIBIT IN FRONT OF THE CAR? MR. LARSON: OH, ITíS IN THE EVIDENCE BOX. 
MR. LEE: OKAY.
MR. LARSON: IT MAY BE RIGHT THERE (INDICATING).
MR. LEE: OH, OKAY. I WOULD LIKE TO SHOW THE JURY PLAINTIFFíS EXHIBIT NUMBER 7, AND COUNSEL HAS STIPULATED THAT I MAY TELL THE JURY THAT THIS IS A PHOTOGRAPH THAT WAS TAKEN ON MAY 6, 1996. 
MR. LARSON: AND THAT WAS TAKEN BY THE DEFENDANTS EMPLOYEES OR AGENTS. I DIDNíT TAKE IT. 
MR. LEE: CORRECT.
Q. WERE YOU ABLE TO CLEARLY SEE HEADLIGHTS OF CARS IN THE INTERSECTION THAT MORNING?
A. YES.
Q. DID OFFICER HILL AT ANY TIME ASK YOU IF YOU HAD STOPPED FOR A RED LIGHT AT THIS STOP BAR WHERE THE HIGHWAY 580 OVER PASSES?
A. I DONíT RECALL.
Q. HAVE YOU EVER DRIVEN FROM YOUR OFFICE IN SAN FRANCISCO TO THE RICHMOND REFINERY?
A. YES.
Q. WHAT ROUTE DO YOU TAKE TO GET TO THE RICHMOND REFINERY/
A. COME ACROSS THE OAKLAND-SAN FRANCISCO BAY BRIDGE AND THEN COME UP THE 80 THERE AND TO THE 580 CORRIDOR, AND THEN COME ACROSS THE 580 CORRIDOR TO THE CASTRO STREET OFF RAMP.
Q. HAVE YOU EVER TAKEN THE ROUTE WHERE YOU GO ON THE GOLDEN GATE BRIDGE AND THEN THE RICHMOND-SAN RAFAEL BRIDGE?
A. NO.
Q. WHY NOT?
A. I DONíT KNOW HOW TO GET THERE THAT WAY. YOU WOULD HAVE TO GO THROUGH SAN FRANCISCO TO DO IT AND I WOULD PERCEIVE THAT ITíS LONGER; TAKES MORE TIME.
Q. OKAY.
MR. LEE: YOUR HONOR, I WANT TO APOLOGIZE TO THE JURY. THE TIMING HAS SORT OF THROWN ME OFF. I DIDNíT EXPECT MR. [X] TO BE ON THE WITNESS STAND RIGHT NOW. I THOUGHT HE WOULD BE ON TOMORROW, SO I HAVENíT MARKED ALL OF THESE THINGS. I WOULD LIKE TO SHOW YOU, MR. [X] A PICTURE THAT I HAVE HAD MARKED AS EXHIBIT 299 FOR IDENTIFICATION.
MR. LARSON: EXCUSE ME, COUNSEL. I DONíT REMEMBER WHICH ONE THAT WAS. MR. LEE: (INDICATING).
MR. LARSON: YES.
MR. LEE: I BELIEVE THATíS STIPULATED INTO EVIDENCE, YOUR HONOR. THE COURT: MAY IT BE RECEIVED?
MR. LEE: THATíS CORRECT? MR. LARSON: YES, ITíS --† 
THE COURT: WITHOUT OBJECTION 299 WILL GO INTO EVIDENCE.
THE CLERK: SO MARKED.
(DEFENDANTíS EXHIBIT 299 WAS RECEIVED IN EVIDENCE) 
MR. LEE: Q. DO YOU RECOGNIZE THE SCENE THATíS DEPICTED IN DEFENDANTSí EXHIBIT 299 IN EVIDENCE?
A. YES.
Q. ALL RIGHT. IS THAT A SENSE OF THE CORNER OF CASTRO AND TEWKSBURY THAT YOU SAW AS YOU ARRIVED THAT MORNING OF JANUARY 24, 1996?
A. THATíS THE INTERSECTION.
Q. ALL RIGHT. I WOULD LIKE TO QUICKLY SHOW THE JURY NOW. (EXHIBIT PUBLISHED TO JURY)
MR. LEE: NOTHING FURTHER, YOUR HONOR.
THE COURT: CROSS-EXAMINATION.
CROSS-EXAMINATION†††††††††††††
BY MR. LARSON: Q. MR. [X], I AM GOING TO ASK YOU QUESTIONS ABOUT THE GLARE THAT YOU HAVE TESTIFIED TO, THE GLARE THAT WAS COMING FROM THE WET ROADWAY. YOU RECALL THAT TESTIMONY?†
A. YES.
Q. ALL RIGHT. AND THE GLARE WAS BEING PRODUCED BY THE OVERHEAD LIGHTSí IS THAT CORRECT; OR OVERHEAD LIGHT, I THINK YOU TESTIFIED TO?
A. IF YOU COULD BE MORE SPECIFIC --†
Q. YES. THE GLARE THAT YOU HAVE TESTIFIED TO, CORRECT ME IF I AM WRONG, MR. [X], WAS PRODUCED BY THIS LIGHT WHICH WE HAVE MARKED LIGHT NUMBER THREE?
A. I BELIEVE SO.
Q. AND YOU DONíT RECALL ANY OF THE OTHER LIGHTS EVEN BEING ON AT THAT TIME; ISNíT THAT CORRECT?
A. THATíS CORRECT.
Q. SO I AM TALKING ABOUT THE GLARE WHICH I THINK YOU SAID IS IN THIS AREA -- WAS IN THE AREA OF THE CROSSWALK.
A. IT CAME UP FROM THE STREET LIGHT UP INTO THE CROSSWALK AREA, YES.
Q. THIS WAY (INDICATING)?
A. YES.
Q. SO THE LIGHT WAS EVIDENTLY STRONG ENOUGH AS IT CAME INTO THE CROSSWALK TO PRODUCE A NOTICEABLE GLARE IN THE AREA OF THE CROSSWALK; IS THAT CORRECT?
A. THERE WAS A GLARE THERE ON THE STREET, YES.
Q. AND IT WAS COMING FROM THIS LIGHT (INDICATING)?
A. I BELIEVE SO.
Q. NOW, MR. [X], DID THAT GLARE COMPLETELY BLOCK YOUR VISION AT ANY TIME, YOUR FRONT VISION, OUT OF YOUR VEHICLE?
A. NOT THAT I RECALL.
Q. ALL RIGHT. DID IT IMPAIR YOUR VISION IN ANY WAY AS YOU APPROACHED THE CROSSWALK?
A. I DONíT KNOW.
Q. IF YOU CAN REMEMBER THAT GLARE, IT CERTAINLY WAS ON THE PAVEMENT; IS THAT RIGHT? IT WAS AT THE LEVEL OF THE PAVEMENT?
A. THE GLARE WAS REFLECTING OFF THE STREET.
Q. OFF THE STREET? AND IF YOU WERE TO LIFT YOUR EYES UP OFF THE PAVEMENT IS THE GLARE COMING UP IN FRONT OF YOU LIKE A SHEET? IS THAT HOW YOU RECALL IT; SHEET OF LIGHT OR SHEET OF GLARE?
A. THE GLARE WAS COMING UP FROM THE STREET?
Q. YES. HOW FAR UP DID IT GO?
A. I AM NOT SURE I UNDERSTAND YOUR QUESTION.
Q. HOW FAR UP OFF THE -- THE OVERHEAD LIGHT THAT YOU DESCRIBED THAT WAS PRODUCING A GLARE, AS YOU SAY, ON THE WATER, THAT WAS LOCATED ON THE PAVEMENT IN THE AREA OF THE CROSSWALK; THATíS TRUE, ISNíT IT?
A. CORRECT.
Q. AND HOW FAR UP DID THAT GLARE, DID THAT LIGHT, THAT REFLECTED LIGHT -- HOW FAR UP FROM THE STREET LEVEL, HOW FAR UP DID YOU OBSERVE IT?
A. ARE YOU ASKING ME IF IT WAS PHYSICALLY ABOVE THE SURFACE AREA OF THE STREET?
Q. YES. YES.
A. NO, IT WAS NOT.†††††††††††††††††††††††††††
MR. LARSON: ALL RIGHT. THATíS ALL I HAVE. THANK YOU. THE COURT: ANYTHING FURTHER? 
MR. LEE: NO, YOUR HONOR. †††††
THE COURT: THANK YOU, MR. [X]. YOU MAY STEP DOWN.


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