VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND 2 3 BERNARD A. STANLEY, JR., 4 Plaintiff, 5 vs. At Law No. LX-3151 6 CSX TRANSPORTATION, INC., 7 Defendant. 8 ----------------------------- 9 10 11 12 DEPOSITION 13 OF 14 A. F. FRITTS, JR. 15 Taken by the Plaintiff 16 2:20 o'clock p.m. January 18, 1996 17 18 19 20 21 22 23 24 25 ORIGINAL C J COURT REPORTERS, INC. 2 2 3 4 5 6 7 8 9 Pursuant to Notice of Taking Deposition, and 10 further pursuant to the Rules of Civil Procedure, the 11 deposition of A. R. Fritts was taken before Loree F. 12 Mueller, a Notary Public in and for the State of Florida at 13 Large; commencing at approximately 2:20 o'clock p.m., on 14 January 18, 1996, at 500 Water Street, Jacksonville, 15 Florida; and as reported by Loree F. Mueller, Court 16 Reporter. 17 18 19 2 0 21 22 23 24 2 5 C J COURT REPORTERS, INC. 3 A P P E A R A N C E S 2 3 Py Telephone: EDDIE W. WILSON, ESQUIRE 4 Wilson, Hajek & Shapiro 5 1294 Diamond Springs Road Post Office Box 5369 6 Virginia Beach, Virginia 23455 7 Attorney for Plaintiff. 8 9 GREGORY HOLLAND, ESQUIRE 10 Mays & Valentine Post Office Box 1122 11 Richmond, Virginia 23208-1122 12 Attorney for Defendant. 13 14 15 16 17 18 19 20 21 22 23 24 25 C & J COURT REPORTERS, INC. 4 T A B L E 0 F C 0 N T E N T S 2 WITNESS PAGE 3 A. R. FRITTS, JR. 4 DIRECT EXAMINATION BY MR. WILSON 5 5 CROSS-EXAMINATION BY MR. HOLLAND 56 6 REDIRECT EXAMINATION BY MR. WILSON 56 7 RECROSS EXAMINATION BY MR. HOLLAND 57 8 9 10 11 12 13 14 E X H I B I T 15 EXHIBIT PAGE 16 PLAINTIFF'S EXHIBIT NO. 1 13 17 PLAINTIFF'S COMPOSITE EXHIBIT NO. 2 13 18 19 (Reporter's Note: Plaintiff's Exhibit No. 1 is not 20 attached to Defendant's Deposition copy as this is 21 a duplicate contained in their files.) 22 23 Reporter's Note: Plaintiff's Composite Exhibit No. 2 24 was retained by counsel for defendant.) 25 C & J COURT REPORTERS, INC. 5 1 A. R. FRITTS, JR., 2 having been produced and first duly sworn as a witness, then 3 testified as follows: 4 DIRECT EXAMINATION 5 BY MR. WILSON: 6 Q Mr. Fritts, would you please state your full name 7 and your home address for me, please? 8 A Okay. It's Albert R. Fritts, spelled F-R-I-T-T-S. 9 My home address is 3620 Cattail Drive South, Jacksonville, 10 Florida 32223. 11 Q That's sounds like waterfront property to me. 12 A I wish. 13 Q How old are you, Mr. Fritts? 14 A I am 49. 15 Q What's the nature of the job that you currently 16 have with CSX? I see your title is Chief Safety Officer. 17 A Yes. I have corporate responsibility in both the 18 Employee Safety as well as Public Safety area of CSX 19 Transportation. 20 Q who was your predecessor? 21 A My immediate predecessor for Employee Safety was 22 George Athanas. 23 Q Is that the same job that Tyrone James had before 24 Mr. Athanas? 25 A Yes, it was. C & J COURT REPORTERS, INC. 6 1 Q And when did you come on board as the Chief Safety 2 Officer? 3 A I had the Public Safety job until, let's see, July 4 of 193 so in July of 193 I retained my Public Safety 5 responsibilities and picked up Employee Safety as well. 6 Q And would you tell me something, just run through 7 a brief history of your employment with CSX. 8 A Let me back up and amend that. I said July of 9 '93. That would have been July of 194. Would you repeat 10 the last question? 11 Q I'm sorry. I wanted you to give me a brief 12 history of your employment with CSX. 13 A I started with the predecessor railroad called 14 Western Maryland Railroad back in 1968 on a part-time basis. 15 I joined the C&O Railroad, a predecessor to Chessie System, 16 in 1971 as a management trainee. Worked in that position, 17 or was a trainee for approximately one year. I spent two 18 years in the Transportation Department and was relocated to 19 a town called Chillicothe, Ohio. Was transferred back to 20 Baltimore in the Chessie System headquarters and from 1973 21 to 1986 I worked in a variety of positions in what was 22 called the Casualty Prevention Department with Chessie 23 System. Some of those positions included several positions 24 in the Freight Damage Prevention Department until about 1978 25 when I assumed the position of Director of Freight Damage C & J COURT REPORTERS, INC. 7 1 Prevention. I held that job until 1980. In 1980 I was 2 appointed Director of Safety for Chessie System, held that 3 job until 1982 and from the period 1982 through 1986 I was 4 Director of Casualty Prevention Operations where I had 5 responsibility for employee safety, for corporate security, 6 hazardous material control and freight damage prevention. 7 In 1986 Chessie System merged with the Seaboard System to 8 form CSX Transportation. I was transferred to Jacksonville, 9 Florida, in the position of General Manager of Safety, 10 responsible primarily for employee safety. I held that job 11 from 1986 until 1989. From the period 1989 through 1994 my 12 title was General Manager of Programs and Development and my 13 primary responsibility was public safety although I also had 14 some added public affairs type responsibilities in the area 15 of environmental and quality as well as safety. In roughly 16 July of 194 I was appointed to the position of Chief Safety 17 Officer, CSX Transportation, a position I currently hold. 18 Q What did you do for Western Maryland? 19 A Western Maryland, I held a variety of clerical 20 positions while I was attending college. 21 Q I thought you said you were 49. 158 was a long 22 time ago back. You were going to school when you worked for 23 Western Maryland? 24 A Yes, I was, and that was 1968. 25 Q okay. I was thinking that was a long time. C & J COURT REPORTERS, INC. 8 1 You've been named as an expert witness by the railway 2 company in this case. when did you first talk to anyone at 3 the railroad about this case, Mr. Stanley's case? 4 A Sometime -- it seems to me it was about midyear or 5 so last year. I can't recall the exact time but it was 6 either late spring or summer of 195. 7 Q Who did you talk with, please? 8 A Steve Setliff. 9 Q And were you furnished any materials by 10 Mr. Setliff? 11 A At some point subsequent to my first contact with 12 him I was provided with, as I recall, a deposition, one or 13 more. Actually a series of depositions. 14 Q All right. I need to know which ones you 15 received. 16 A I have received -- it would take me five minutes 17 to go through every one of these. I'll do that if you care 18 me to. 19 Q Yes, sir, I need to know what the names of what 20 depositions that you've received and what other materials 21 that you've received. 22 A Deposition, Bernard A. Stanley; deposition. G. L. 23 Phelps; deposition, Joel A. Howell; deposition, Anthony 24 DiGennaro; deposition, Timothy W. Fields; deposition Richard 25 H. Fagan (sic), Junior; Deposition -- C & J COURT REPORTERS, INC. 9 1 Q Who was the last fellow after Fields? 2 A Richard H. Fagan -- I'm sorry Ragan, Ragan, Jr., 3 R-A-G-A-N; deposition, William E. Price, Junior; deposition, 4 Dr. Malcomb, Ross Bullock; sworn statements of -- see what 5 this is -- sworn statements of Ernest Edwin Tevis, Raymond 6 Jeter, William P. Cunnane, Cunnane, C-U-N-N-A-N-E, and Joann 7 Retzloff. 8 Q You'll have to slow down, now. You have a 9 statement of Tevis, a statement of Cunnane. Are these 10 depositions or statements, now? 11 A Everything up to this one was referred to as a 12 deposition. This says sworn statements of. 13 Q Sworn statement of Bill Cunnane? 14 A Sworn statements of Ernest Edwin Tevis, T-E-V-I-S. is Q Have that. 16 A Raymond Jeter, J-E-T-E-R. 17 Q All right. 18 A William P. Cunnane, C-U-N-N-A-N-E. 19 Q Okay. 20 A And Joann Retzloff, R-E-T-Z-L-0-F-F. These appear 21 to be in deposition type format. Deposition of James F. 22 Hardin, H-A-R-D-I-N. 23 Q All right. 24 A Deposition of Richard L. Miller, M-I-L-L-E-R. 25 Q All right. C & J COURT REPORTERS, INC. 10 1 A Deposition of Rodney A. Wilson. 2 Q All right. 3 A Deposition of David J. Thelen, T-H-E-L-E-N. 4 Q Okay. 5 A Let's see. Deposition, Richard L. Miller; 6 deposition of Rodney A. Wilson. 7 Q You've named them. 8 A Obviously I've got some duplicates. Here's 9 James F. Hardin again. Here's Thelen again. Here's Price 10 again. Here's John Wayne Blake. 11 Q All right. 12 A William Christopher Benson. 13 Q William Christopher Benson? 14 A Yes. 15 Q Would you spell that for me, please? 16 A B-E-N-S-0-N. 17 Q I still couldn't understand you. 18 A B-E-N-S-0-N. 19 Q Thank you. 20 A Here's Plaintiff's Fifth Supplemental Answer to 21 some interrogatories. Here's some interrogatories and 22 Request for Production of Documents to Plaintiff, series of 23 those. Requests for Production of Documents, Plaintiff's 24 Second Supplemental Response to Defendant's Request for 25 Production of Documents, Plaintiff's Third Supplemental C & J COURT REPORTERS, INC. 11 I Answer to Defendant's Interrogatories, Plaintiff's Fourth 2 Supplemental Answer to Defendant's Interrogatories, 3 deposition of Mr. Enoch P. Woodard, W-0-0-D-A-R-D. 4 Q All right. 5 A Deposition of Robert Vernon Tipton, deposition of 6 Bernard A. Stanley, and also a file here of some photographs 7 in connection with this particular case, and I think that 8 covers it. 9 Q Tell me about the photographs, please. 10 A These were passed to me earlier this month. 11 There's a multiple series of photographs here that are 12 colored reproductions. They show railroad tracks taken from 13 different angles and different directions. They show 14 someone standing adjacent to a track. They show a pole with is a warning sign posted to it. They show a tape making some 16 sort of a measurement adjacent to a tie, another one of a 17 rail yard. Here's some locomotives on a track. There's a 18 picture of a dumpster, a picture of an office building with 19 a railroad, CSX vehicle parked adjacent to it. Here's some 20 pictures of what appears to be a torn reflective vest, other 21 pictures of the vest, other pictures of the vest, a picture 22 of a grip bag, several pictures of a grip bag, pictures of 23 some -- various paraphernalia; glasses and glass cases and 24 just a lantern, a first aid kit, some gloves, looks like 25 about four pair of gloves here, ear plugs, a series of C & J COURT REPORTERS, INC. 12 1 pictures of ear plugs, multiple pens, grip bags, grip bags, 2 grip bags, grip bags, other pictures of the -- of a velcro 3 reflective vest -- I don't know if it's velcro -- reflective 4 vest that's been damaged. Here's another grip type bag. it 5 actually resembles a briefcase, a two-handled briefcase, 6 multiple pictures of that with a tape measure adjacent to 7 it, or a ruler, and then some pictures of I presume the 8 contents of that bag that depict -- the picture depicts a 9 number of railroad publications, operating rule books, 10 operating procedure books, haz mat books and so on, and 11 another series of pictures that were taken at night that 12 show lights off in the distance and a bridge, several 13 pictures taken of that, pictures of the control stand of a 14 locomotive, pictures of a piece of rail, pictures of a horn, is more pictures of a locomotive control stand, closeups of 16 various areas on a locomotive control stand, pictures of 17 locomotives and then some half size, half sheet size 18 pictures of again a reflective vest, a briefcase, a grip 19 bag, grip bag, locomotive, a Conrail locomotive, a CSX 20 locomotive, and that pretty well covers it. 21 Q Okay. Thank you for running through that. 22 MR. WILSON: This is for Mr. Holland. Greg, are 23 any of those photographs which we have not exchanged? 24 MR. HOLLAND: I'm not sure what you have, Eddie. 25 MR. WILSON: I guess we need to go ahead and make C & J COURT REPORTERS, INC. 13 1 all of them an exhibit, then. The other matters I'm 2 not concerned about. 3 (The item last-above referred to was marked for 4 identification as Plaintiff's Exhibit No. 1.) 5 BY MR. WILSON: 6 Q Mr. Fritts, have you relied upon all these 7 materials we have just went over to familiarize yourself 8 with the case? 9 A Yes, I've glanced through the material. 10 MR. WILSON: I would also like to make the sworn 11 statements of Tevis, Jeter, Cunnane and Retzloff 12 exhibits. 13 (The item last-above referred to was marked for 14 identification as Plaintiffis Composite Exhibit No. 2.) 15 BY MR. WILSON: 16 Q Mr. Fritts, have you looked at any videotapes? 17 A No, I have not. 18 Q Have you been told or made aware that any 19 videotapes have been made in connection with this accident? 20 A I do not recall that, no. 21 Q Have you looked at any plats or diagrams of the 22 area? 23 A Not that I can recall. 24 Q Are you familiar with the ACCA Yard area? 25 A Very cursory. I've made one quick trip to one C & J COURT REPORTERS, INC. 14 1 part of the yard. 2 Q When did you do that? 3 A I did that in conjunction with a tour we were 4 going on in that area back in December as I recall, part of 5 a safety meeting we were having. 6 Q Did you go to the area where Mr. Stanley was 7 injured? 8 A No, i did not. 9 Q Have you -- just to make certain I'm clear, you 10 never went to the area where you understand Mr. Stanley's 11 injury occurred before the changes had been made in the 12 yard? 13 A Before or after. 14 Q I'm sorry, I couldn't understand you. 15 A I have not visited the area at any time where 16 Mr. Stanley was injured. 17 Q I'm having trouble understanding this thing all of 18 a sudden. Let me see if I can regulate it a little bit. 19 Let me try my question again. 20 Have you ever been to the area where Mr. Stanley 21 was injured? 22 A No, I have not. 23 Q Do you need to see anything else or have you 24 requested anything else in order to offer opinions in this 25 case? C & J COURT REPORTERS, INC. 15 1 A No, I have not. 2 Q Have you looked at any diagrams of the area? 3 A Not that I can recall. I recall looking at the 4 photographs but I don't recall diagrams. 5 Q Do you consider yourself generally familiar with 6 the contents of the depositions that you have named? 7 A Yes, I do. Certainly some in more detail than 8 others. 9 Q Please tell me what your understanding is of how 10 this injury took place. 11 A my understanding is that this injury occurred at 12 night, it occurred in ACCA Yard, it involved Mr. Stanley. 13 Mr. Stanley was working on a train with a Mr. Woodard, 14 Mr. Woodard was the locomotive engineer. The train had 15 originated from the Potomac Yard area. They had taken a 16 train from Potomac Yard down to ACCA Yard, which is 17 Richmond. There was some work performed in Fredericksburg 18 or somewhere along the line of road between the point at 19 which they originated and ACCA yard. They arrived at the 20 outskirts of ACCA Yard as I recall sometime 10:00 p.m. or in 21 that time frame on the day in question. They had received 22 -- I guess they had had some radio communications with the 23 yardmaster relative to getting instructions for what we call 24 yarding their train, bringing their train into ACCA Yard. 25 They were given some instructions relative to what tracks to C & J COURT REPORTERS, INC. 16 1 come in on and where to place their train. There were a 2 series of signals, as I recall, described in this yard that 3 would control train movements. 4 At some point at which they were yarding this 5 train they stopped, they needed a signal, they were 6 traveling in a southerly direction in the yard. They were 7 in the northern part of the yard originally and moving in a 8 southerly direction and had some communication with the 9 yardmaster. The yardmaster -- they had, at some point, had 10 requested a signal from the yardmaster, a green signal so 11 that they could make a movement with their train. The 12 yardmaster advised them that there were other train 13 movements in the yard. At some point where they were 14 stopped Mr. Stanley advised Mr. Woodard that he would be 15 leaving the locomotive and he had planned to remove his grip 16 from the lead locomotive that they were riding and to place 17 that grip on the fifth locomotive. As I recall they had 18 what we call a five locomotive consist. It was Mr. 19 Stanley's -- I hear some voices in the background there. 20 Q I do, too. I can't do anything about it. I 21 rented a booth in the middle of the airport to do this. 22 A At any rate, they had -- it was his intent to 23 remove his grip from the lead locomotive, to descend the 24 locomotive, to have Mr. Woodard move his locomotive the 25 approximate distance of five engine lengths at which time C & J COURT REPORTERS, INC. 17 1 Mr. Stanley planned to place his grip on the fifth 2 locomotive and his plan was that with the movements that 3 they were going to make with their train eventually his grip 4 being -- that eventually when they made a reverse movement 5 in the yard that what was now the trailing unit would be the 6 lead unit and his grip would be in the -- on the appropriate 7 locomotive for him to be able to remove at it the end of his 8 tour. There was some description of Mr. Stanley having a 9 lantern of sorts. He had a vest, was wearing a reflective 10 vest. He put on some rainwear. He had indicated that there 11 was some light rain that evening. He had a radio that was 12 in what we call a chest pack in a harness on his person. He 13 -- they were -- as I recall at this particular time they 14 were on Track No. 2 and they were he was going to disembark is the locomotive, have Engineer Woodard move the train 16 approximately six engine lengths in a southerly direction, 17 place his grip on the fifth locomotive and then when Mr. 18 Woodard got the appropriate signal to move south, Mr. 19 Stanley would stay on ground in the location he was in and 20 after the train had moved a sufficient distance south to 21 where they were clear of the point at which they were at at 22 that time, when the appropriate signal was obtained from the 23 yardmaster that they could then move into a northerly 24 direction and put their train on the No. 1 track, Mr. 25 Stanley would be in position to do that knowing he had the C & J COURT REPORTERS, INC. 18 1 signal and give the appropriate instructions to Mr. Woodard. 2 As I recall they talked about dwarf signals in the 3 area where he disembarked. As I recall they were 4 immediately south of the dwarf signal that was adjacent 5 to the track that they were on, that's Track No. 2. 6 Mr. Stanley dismounted the locomotive. At some point after 7 dismounting -- when he was in the process of dismounting he 8 was carrying this gear that I described, the lantern. He 9 had two pieces of grip on him, one was this item that 10 appeared to be a fairly large size briefcase which 11 presumably contained rule books and other paper material, 12 perhaps time books and so on. The other bag was the grip 13 bag that contained personal items and it had a shoulder 14 strap and that personal grip bag Mr. Stanley, as I recall, 15 indicated that he was carrying that on his right shoulder. 16 He had the vest, he had his rainwear, he had his lantern and 17 he had his radio. 18 After dismounting the locomotive, based on the 19 statements as I recall reading from Engineer Woodard, 20 Mr. Stanley radioed that he was on the ground, indicating to 21 Mr. Woodard that he was clear of the locomotive. At some 22 point after that, recalling Mr. Woodard's statements, he 23 indicated that after he had moved -- after he got this radio 24 transmission he moved the engine several car lengths, car 25 length being described to be roughly 50 or 60 feet. He C & J COURT REPORTERS, INC. 1 9 1 encountered a locomotive, which was described later to be 2 Mr. Tipton's locomotive, Mr. Tipton being the engineer, 3 actually two locomotives on an adjoining track, and the 4 adjoining track was on Track No. 1, and the locomotives were 5 moving in a northerly direction. 6 As I recall Mr. Woodard indicated that while he 7 couldn't identify who was on the locomotive he saw an 8 engineer on the locomotive, on the lead locomotive, with the 9 headlight on moving in a northerly direction at a fairly low 10 rate of speed. When the locomotive was adjacent to or 11 approached Mr. Woodard's locomotive, as I recall in his 12 statement, he indicated that he sounded his horn and in 13 applying that the bell also sounded as just an added 14 precaution or a warning to Mr. Stanley that a locomotive was 15 approaching. 16 Recalling the statements of Mr. Tipton, who was 17 moving in a northerly direction, he also had indicated that 18 he was in the northernmost locomotive, the lead locomotive 19 on the engineer's side with a headlight on. He indicated, 20 as I recall, that he did not see anyone on ground adjacent 21 to the train on Track No. 2, which would have been 22 Mr. Woodard's train, he did not, in fact, see Mr. Stanley, 23 according to his statements, and at some point subsequent 24 to the two locomotives, Mr. Tipton's locomotives, passing 25 Mr. Woodard's locomotives, he did not hear a subsequent C & J COURT REPORTERS, INC. 2 0 1 transmission from Mr. Stanley after a period of time, 2 expecting a transmission that he would have accomplished 3 putting his grip on the fifth locomotive and that 4 Mr. Woodard would be free to move the train when he got the 5 signal in a southerly direction so not having heard from 6 him, he tried to contact him several times on the radio. He 7 contacted the tower or the yardmaster and subsequent 8 investigation developed that Mr. Stanley was found injured 9 on the ground and had apparently been struck by a locomotive 10 which was later ascertained, or caught by a locomotive in 11 some fashion because there was some physical evidence of 12 something having struck his personal grip bag or bags and 13 his protective vest or his reflective vest and some 14 indication that he had been struck and, as I understand it, 15 in the ensuing investigation it was eventually concluded 16 that in some fashion he must have come in contact with 17 Mr. Tipton's locomotive moving on No. 1 Track in a northerly 18 direction. 19 Q Based on the scenario you just gave me do you have 20 an opinion as to whether or not Mr. Stanley was struck by 21 Mr. Tipton's locomotive as Mr. Stanley stepped from the 22 ladder on the lead locomotive? 23 A I really don't know. I don't have an opinion 24 because I really wouldn't know at what point after 25 Mr. Stanley dismounted his locomotive that he, in some C & J COURT REPORTERS, INC. 2 1 1 fashion, came in contact with Mr. Tipton's locomotive. 2 Q So you do not have an opinion as to how long 3 Mr. Stanley was on the ground? 4 A Only that it must have been a fairly brief amount 5 of time. 6 Q What do you mean by fairly brief? 7 A It was -- as I recall Mr. Woodard indicated that 8 he was abreast of Mr. Tipton's locomotive after he had moved 9 four or five car lengths. His objective was only to move 10 six engine lengths which would have only taken a matter of 11 less than a minute, and having accomplished that and not 12 hearing from Mr. Stanley after a few minutes is when he 13 became concerned so really just a matter of a few moments. 14 Q Are we talking about 10 seconds, 15 seconds, is 20 seconds? 16 A 15, 20 seconds for what? 17 Q That Mr. Stanley was on the ground before he was 18 struck by Mr. Tipton's locomotive? 19 A I don't know. 20 Q So you do not have an opinion as to how long he 21 was on the ground except you believe it was a short time? 22 A Yes, I believe it was a short time. 23 Q Do you have an opinion as to whether or not he was 24 struck by Mr. Tipton's locomotive simultaneously as he 25 stepped from the ladder on his locomotive? C & J COURT REPORTERS, INC. 22 1 A No, I really do not know because I don't know what 2 his original position was at the time that Mr. Tipton had 3 passed. I don't know, for example, whether when he 4 dismounted his locomotive whether he had moved in the -- you 5 know, in a northerly direction for several steps before he 6 encountered Mr. Tipton's locomotive or whether or not he 7 really did not move at all and then encountered Mr. Tipton's 8 locomotive. obviously he moved from the original position 9 from where he dismounted the locomotive. There would have 10 been more time before Mr. Tipton's locomotive would have 11 reached him. 12 Q well, please help me understand. I thought you 13 said that Mr. Woodard had moved, at first you said three car 14 lengths, then you said five to six car lengths south before 15 the lead of his locomotive passed the lead of Mr. Tipton's 16 locomotive. Do you agree with that? 17 A Yes. My recollection from Mr. Woodard's 18 statements were that he had moved several car lengths, which 19 I recall to be somewhere around four or five car lengths, in 20 a southerly direction before he encountered Mr. Tipton's 21 locomotives moving in a northerly direction. 22 Q Let's assume Mr. Woodard is correct in his 23 deposition and that he did stop and Mr. Stanley detrained 24 and radioed him to move ahead, from the ground, and that he 25 had moved several car lengths. Could you explain to me how C & J COURT REPORTERS, INC. 23 1 Mr. Tipton could have struck Mr. Stanley simultaneously as 2 Mr. Stanley stepped from the ladder? 3 MR. HOLLAND: Let me make an objection to that 4 and, Eddie, my objection to that is based, if I 5 understand your question correctly, you're asking him 6 to rely solely on the testimony of Mr. Woodard? 7 MR. WILSON: No, on Mr. Woodard and Mr. Tipton. 8 MR. HOLLAND: All right. As long as you're asking 9 him to rely solely on the testimony of Mr. Tipton and 10 Mr. Woodard, then I don't have a problem with your 11 question. 12 BY MR. WILSON: 13 Q Could you answer, please, Mr. Fritts? 14 A If I understand the question correctly, I do not 15 know, I do not have a clear picture in my mind as to when 16 Mr. Stanley was struck. 17 Q Are you unable to answer my question? 18 A Yes, I'm unable to answer it. 19 Q Do you have any facts or any evidence that you can 20 state to me now, based on your review of the materials, that 21 would point to Mr. Stanley being struck by Mr. Tipton's 22 locomotive simultaneously with Mr. Stanley stepping off his 23 locomotive ladder and Mr. Tipton passing on the No. 1 rail? 24 A Not based on my understanding, no, of what 25 evidence there was. C & J COURT REPORTERS, INC. 24 1 Q Yes, sir. I'm trying to find out if you have 2 any evidence or any facts you can point me to that would 3 indicate Mr. Stanley was struck simultaneously with stepping 4 from his locomotive and Mr. Tipton passing on No. 1? 5 A No, I do not. 6 Q I would like for you to tell me if you will the 7 following; the railway company has said that you are going 8 to offer opinions regarding the nature of the job plaintiff 9 was performing at the time of the alleged incident. That's 10 their first sentence. Would you go over that with me, 11 please, and tell me what those opinions are? 12 A what is the question? opinion on what? 13 Q Do you have in front of you the interrogatory 14 answers? 15 A Yes. 16 Q If you would look under your name -- let me know 17 when you get them, please. 18 A Okay, I have them. 19 Q It says, if called Mr. Fritts may offer opinions 20 regarding the nature of the job plaintiff was performing at 21 the time of the alleged incident. What are those opinions? 22 A I felt like in part I had described that. 23 I described based on having read the statements my 24 understanding of what occurred from the time that 25 Mr. Stanley and Mr. Woodard first arrived in the northern C & J COURT REPORTERS, INC. 2 5 1 edge of ACCA yard to the time in which Mr. Stanley had been 2 apparently struck by a locomotive. 3 Q well, if you covered that, that's fine. I just 4 need to go through these individually. I want to make sure 5 that I know what you know, or hope I can find out anyway. 6 One other thing. You were talking about reading 7 the locomotive and about Mr. Tipton on No. I going slow. 8 What is your understanding of his speed from the time he 9 left the SAY signal till he reached the AY signal in the 10 area of where Mr. Stanley was struck? 11 A I have read several statements concerning the 12 speed by, I guess, a number of witnesses. 13 Q My specific question is, though, what did 14 Mr. Tipton say his speed was? is A I believe he said that his speed -- I think he 16 indicated a couple things. This is from memory here. one 17 was that he was going at authorized speed. In other words, 18 he was not exceeding the speed that was authorized for the 19 area and the yard in which he was in, and I'm vague on what 20 part of the territory he was talking about when he described 21 speed. It seemed to me there were several statements made 22 by him. There was one point where -- in the particular area 23 where he was asked about his speed he said five miles per 24 hour. There was another area where he and/or others said 25 that the speed was something more than five miles per hour C & J COURT REPORTERS, INC. 26 1 but in all instances my recollection was that the statements 2 were that the speed was below, at or below the authorized 3 speed for that area of the yard. 4 Q Do you recall an instance that Mr. Tipton said he 5 ever exceeded five miles an hour as he moved his locomotive 6 northward on Track No. 1 between the SAY and AY signal? 7 A No, but I could be wrong on that because again 8 there was a lot of discussion about speed and from memory I 9 can't place the location you're talking about from the other 10 locations where there was a discussion of speed. 11 Q Is it your recollection that he may have said in 12 his deposition that he was doing more than five miles an 13 hour for that 2100 feet between SAY and AY? That's the 14 south signal and the north signal at the time point just 15 about where Mr. Stanley was hit. 16 A I do not recall where he made the statement that 17 he was traveling at five miles per hour. 18 Q You don't recall him agreeing that he was doing 19 five miles an hour or less on five occasions in his 20 deposition? 21 A I recall him making the statement about his speed 22 in some locations -- in some areas of his deposition being 23 five miles per hour or less but I don't recall where those 24 locations were referenced in relation to where he was in the 25 yard. C & J COURT REPORTERS, INC. 2 7 1 Q Okay. In offering your opinion, is part of the 2 basis of your opinion the speed of Mr. Tipton's locomotive 3 when he was on Track 1 coming towards Mr. Stanley? 4 A I'm not clear on the question. 5 Q Yes, sir. Do you need to know the speed of his 6 locomotive to be able to offer your opinions? 7 A If you're asking my opinions as to whether or not 8 he was going authorized speed, is that the question? 9 Q No, sir. My question is in order to be able to 10 offer opinions about this case do you believe that you need 11 to know the speed of Mr. Tipton's train as it went north on 12 Track No. 1? 13 A No, I do not. 14 Q All right, sir. And tell me what you believe the 15 speed of his train was as he went north. 16 A From the various depositions I've read every 17 indication is he was going at whatever authorized -- at or 18 below whatever authorized speed was in that area. 19 Q And what was the authorized speed? 20 A There I can't offer an opinion because that's 21 really outside of my area of expertise in terms of what is 22 -- under operating practices and under operating rules what 23 appropriate speed is. 24 Q The next sentence that we have says Mr. Fritts may 25 offer opinion regarding rules, regulations, procedures and C & J COURT REPORTERS, INC. 2 8 1 customs applicable to the alleged incident, and it goes on, 2 in which plaintiff claims he was injured, including rules, 3 regulations, procedures and customs obligating employees to 4 keep a vigilant lookout for moving equipment in any 5 direction any time on any track, and it continues on and on. 6 I'm reading the Defendant's Answer as to the opinions you 7 will offer. 8 Can you tell me what opinions that you have that 9 they are talking about in that second sentence, please? 10 A Yes, I can. In my capacity as Chief Safety 11 Officer I'm being offered as an expert witness with respect 12 to safety rules for our company, for CSX Transportation. I 13 am not -- 14 Q What rules do you believe were violated and who 15 violated them? 16 A Can I finish my sentence, please? I am not an 17 expert on operating rules. That really falls outside my 18 area of expertise, and operating rules would apply to things 19 like train speeds and the operation of the train. 20 Q Okay. So this second sentence falls without -- 21 outside of your realm? 22 A Which sentence is that? 23 Q The long one. Do you have it in front of you? 24 I'm going to read it to you completely but I appreciate you 25 following along. C & J COURT REPORTERS, INC. 2 9 1 A Okay. 2 Q Do you have their answers in front of you? 3 A Yes, I do. 4 Q The ones that were sent December 29th? 5 A Yes, I do. 6 Q It's the second sentence. It says Mr. Fritts may 7 offer opinions regarding the rules, regulations, procedures 8 and customs applicable to the alleged incident in which 9 plaintiff claims he was injured including rules, 10 regulations, procedures and customs obligating employees to 11 keep a vigilant lookout for moving equipment in any 12 direction at any time on any track, plaintiff's obligation 13 to be familiar with the same and plaintiff's violation 14 thereof, as well as opinions regarding the conditions and 15 circumstances surrounding the alleged incident. 16 A Yes. 17 Q What opinions do you have to offer concerning 18 that? 19 A Well, as I said I first wanted to establish the 20 clarification as to what area -- when it comes to rules, 21 something as broad as rules and regulations, those that I 22 have some expertise in which I have described to be safety 23 rules. Under safety rules, you know, in terms of an opinion 24 and what I see particularly applicable in this particular 25 case we have a safety rule on our railroad that is viewed to C & J COURT REPORTERS, INC. 3 0 1 be a cardinal rule. It's existed ever since we've been a 2 railroad and it's -- that is the case, to the best of my 3 knowledge and every other railroad, that says that an 4 employee must expect movement on any track in any direction 5 at any given time and must take necessary precautions to 6 protect against that. In my opinion that was the underlying 7 cause of this particular accident and injury. 8 Q All right, sir. I'm not sure you can offer an 9 opinion as to the cause. I think a court and jury has to 10 decide that but that's just my opinion. What you need to do 11 is tell me what rule that you think an employee violated? 12 A Under our Safe Way Book -- 13 Q I have that? 14 A -- which was operative at the time, I'll reference 15 several rules, one is our Safety Policy Statement that 16 empowers employees with rights, responsibilities and 17 resources to make safe decisions. 18 Q That's Page 2? 19 A That's Page 2. 20 Q I have that. 21 A In Paragraph 4 it says where no specific rule or 22 procedure applies we must rely on good judgment and follow 23 the safest course available. 24 On Page 3 it talks about procedures, it talks 25 about recommended practices, it talks about safety rules. C & J COURT REPORTERS, INC. 3 1 1 It says that recommended practices should be followed unless 2 another method is known to be safe. We must accept 3 individual responsibility to decide which is the safest way 4 to work. On Page 10 -- 5 Q would you tell me who you believe violated these 6 rules as we go along? 7 A Certainly. In the two references I've given you 8 so far I think that Mr. Stanley violated the rules. 9 Q Okay. These are the names that I want you to give 10 -- to pick from; Mr. Stanley, Mr. Woodard, Mr. Tipton, and 11 Mr. Fields. 12 A Okay. 13 Q So far it's only Mr. Stanley; is that correct? 14 A That's correct. 15 Q Okay. 16 A If you will turn to Page 10, the bottom third of 17 the page captioned on or About Tracks, Rule 16, when working 18 on or about tracks, A, be alert for the movement of 19 equipment at any time in either direction or on any track. 20 I think that Mr. Stanley was in violation of that rule. 21 Q Okay. Do you agree that rule doesn't say you have 22 to expect movement but it says you have to be alert for 23 movement? 24 A To me that's one and the same. 25 Q Okay. C & J COURT REPORTERS, INC. 32 1 A Further back in the book, Page 19 under Section 2 P-8, Getting On and Off Locomotives and Cars, under 3 Recommended Work Practices. 4 Q What exactly -- which section are you talking 5 about, Mounting and Dismounting? 6 A Yes. If you would look down under P-8 -- 7 Q I have that. 8 A -- you have procedures and there's three 9 paragraphs and then that's followed by Recommended Work 10 Practices. 11 Q Yes, sir. 12 A Under the Recommended Work Practices it says avoid 13 mounting or dismounting equipment where close clearance or 14 tripping hazards exist. is Q How did Mr. Stanley violate that rule, please? 16 A Well, in Mr. Stanley's deposition he said several 17 things, of course. He said that the area in which he 18 dismounted was an area he was familiar with, that he had 19 worked in that yard several times, he viewed that area as an 20 area where clearances were fairly close and he was 21 exercising, as I referenced earlier in the earlier rule, 22 it's his judgment, it's his decision making that's involved 23 here, in a yard that he was very familiar with in an area 24 that he was very familiar with he chose to dismount in the 25 area that he later described to be one in which clearances C & J COURT REPORTERS, INC. 3 3 1 were very close. 2 Q What was the close clearance when he dismounted? 3 A The close clearance that was described in the 4 documentation I had merely had to do with the distance 5 between tracks. 6 Q You're talking about the clearance created when 7 Mr. Tipton's train came up beside Mr. Stanley? 8 A Yes. 9 Q Okay. 10 A So he -- in his statements Mr. Stanley described 11 the area to be one in which, as I recall, you'd have to be 12 especially cautious because clearances were fairly close in 13 that area. Not being familiar with the area but based on 14 his description, if it was an area that was close clearance 15 then this rule or this recommended work practice that I just 16 described to you would be applicable. 17 Q Okay. 18 A A close clearance area to me is an area that, 19 number one, you try to avoid where you can and two, where 20 you can't avoid it you're going to be extra cautious. 21 Q Okay. Any other rules? 22 A No, I think those would be the primary ones that I 23 would reference. 24 Q Do you think it was -- that Mr. Stanley was in 25 violation of any rules when he dismounted his locomotive? C & J COURT REPORTERS, INC. 34 1 A Rules, no. 2 Q Do you think he was doing anything unsafe when he 3 dismounted his locomotive? 4 A I think he could have been. 5 Q What do you think he was doing that was unsafe? 6 A Well, he described quite a bit of equipment that 7 he was carrying with him, with the bag over his shoulder and 8 the briefcase in his hand and the lantern and the radio and 9 the raingear, and it raises at least a question in my mind 10 as to whether or not he took necessary precautions when he 11 dismounted that locomotive. 12 Q Do you know whether or not Mr. Stanley looked to 13 see if a train was coming down the track? 14 A No, I do not. 15 Q Do you know whether Mr. Woodard looked to see if a 16 train was coming down the track? 17 A No, I do not. 18 Q Do you know when Mr. Woodard saw the train coming 19 down Track No. 1? 20 A only that he saw it. I don't know at what point 21 he saw it. He did describe that he saw it, as I recall from 22 memory here, shortly before it was abreast of his 23 locomotive, that he was moving south, southerly. 24 Q Do you think Mr. Stanley got off the wrong side of 25 the locomotive? C & J COURT REPORTERS, INC. 3 5 1 A I think that customarily a crew member will get 2 off a locomotive on the same side as the engineer is on, and 3 the reason they do that is because they're more visible to 4 the engineer. 5 Q Do you think that it was unsafe for him to get off 6 on the fireman's side? 7 A No, I do not think that -- if he took the 8 necessary precautions to ensure that he did not place 9 himself in the path of other equipment or locomotives that 10 that's patently unsafe. 11 Q Do you think that was unsafe, getting off on the 12 side he did? I couldn't hear your answer. 13 A What I said was -- I said a couple of things. I 14 said customarily you get off on the other side when you can. 15 I can understand why he got off on the side that he did 16 which placed him in a position where he would not be as 17 visible to his engineer. 18 Q But my question was do you think it was unsafe 19 getting off on the side he did? 20 A No, I do not. 21 Q Okay. Do you think it was unsafe for him to get 22 down the fireman's side on the side where a train was coming 23 on Track No. 1? 24 A Not if it's done properly. 25 Q Do you think 34 inches between moving trains is an C & J COURT REPORTERS, INC. 3 6 1 area in which -- I'm sorry, creates a close clearance area? 2 A I think it represents an area where there's less 3 clearance than is generally encountered, yes. 4 Q Do you know anything about any type of standards 5 or required distances between tracks? 6 A No, I do not. 7 Q Let me phrase that differently. Do you know 8 anything about CSX,s recommended clearances for center lines 9 of track in yards? 10 A No, I do not. 11 Q That's outside your field of expertise? 12 A That is correct. 13 Q Have you ever worked between two moving trains 14 before? 15 A Yes, I have. 16 Q I'm sorry, I'm having trouble understanding you. 17 A Yes, I have. 18 Q Let me see if I can -- I'm afraid to mess with 19 this thing any more. Yes, you have? When did you do that, 20 Mr. Fritts? 21 A Off and on throughout my entire career. 22 Q So you have actually yourself worked in between 23 two moving trains. Is it okay to do that when you're on the 24 railroad? 25 A Yes. C & J COURT REPORTERS, INC. 3 7 1 Q So Mr. Stanley wasn't in a spot that he shouldn't 2 have been, is that what you're saying? 3 A No, I'm not saying that. 4 Q Why was he in a spot that he shouldn't have been? 5 A Because apparently he was hit by a locomotive. 6 Q I'm sorry? 7 A Because he was apparently hit by a locomotive so 8 he could not have been in a position that he should have 9 been. 10 Q You don't take any exception, as I understand it, 11 to him being where he was, you just think that the problem 12 is he was struck with a locomotive? 13 A I think the problem was that he was positioned in 14 the wrong location in the area in which he dismounted. 15 Q Do you think anyone on the railroad that was 16 there that night, whether it be Mr. Woodard, Mr. Tipton or 17 Mr. Fields, had any type of obligation, under the safety 18 rules, to warn Mr. Stanley of a danger of the locomotive 19 coming towards him? 20 A No, not unless they saw him doing something 21 unsafe. 22 Q So you think that he was not -- that no one out 23 there knew Mr. Stanley was doing anything unsafe? 24 A That's correct. 25 Q Can you explain why Mr. Woodard blew his horn? C & J COURT REPORTERS, INC. 3 8 1 A He did that to, in all probability, as just an 2 added way of letting Mr. Stanley know that there was a 3 locomotive coming. 4 Q Have you actually read Mr. Woodard's deposition? 5 A Yes, I have. 6 Q Do you recall him saying that he blew his horn to 7 warn Mr. Stanley of danger? 8 A I don't recall the word danger. I recall him 9 saying that he blew his horn when the locomotive was abreast 10 of his locomotive, or Mr. Tipton's locomotive was abreast, 11 just as an added precaution or added way of letting Mr. 12 Stanley know that. I got the impression from reading his 13 deposition that he assumed that Mr. Stanley, like he, was 14 aware of the fact that there were movements. 15 Q If an operating officer, a person in the 16 department you say you're not qualified to offer opinions 17 in, if that operating officer said that he thought 18 Mr. Stanley was doing something unsafe getting down the 19 fireman's side of the locomotive, will you assume that for 20 me? 21 A Assume what, please? 22 Q Would you assume, please, that an operating 23 officer has said he believes Mr. Stanley was doing something 24 unsafe when he climbed down the fireman's side of the ladder 25 getting off on that side, I want you to make that C & J COURT REPORTERS, INC. 3 9 1 assumption. Do you understand that? 2 A Okay. Yes. 3 Q Under that assumption did Mr. Woodard have any 4 obligation under your Safe Way safety rules to warn 5 Mr. Stanley that he was doing something unsafe? 6 A Yes. 7 Q What rule would that be, please? 8 A It was -- it would be another portion of the first 9 rule that I referenced earlier on Page 2 under the Safety 10 Policy Statement -- excuse me, I'm referencing the wrong 11 rule here. 12 Q It's on Page 8, I believe. You're talking about 13 Rights and Responsibility, 1-c? 14 A That's correct. 15 Q So assuming that what I have just asked you to 16 assume is correct, then if I put down a rules violation 17 there I would put Mr. Woodard's name beside it as opposed to 18 Mr. Stanley's? 19 A If he had knowledge of it, yes. 20 Q I'm sorry, I didn't understand the first part 21 again. 22 A If Mr. Woodard knew that Mr. Stanley was doing 23 something unsafe -- 24 Q Okay. 25 A -- or saw him doing something unsafe, then he has C & J COURT REPORTERS, INC. 4 0 1 a responsibility of confronting him on that. 2 Q And if Mr. Woodard knew that Mr. Stanley were 3 dismounting in front of a locomotive that were coming on a 4 track adjacent to him, would Mr. Woodard, under this same 5 rule, have any obligation to warn Mr. Stanley at that point? 6 A If he saw him doing it, certainly. 7 Q Okay. Mr. Fritts, are you going to offer any B opinions about headlights or the leaving on of headlights on 9 locomotives? 10 A No, I will not. 11 Q Let's go on to the next sentence and what they say 12 you're going to offer, and it may be the same thing. 13 Mr. Fritts also may testify regarding the rules, 14 regulations, procedures and customs obligating employees to 15 keep their person and personal belongings from fouling 16 tracks and avoid placing themselves in a position of 17 potential danger. 18 A Yes, sir. 19 Q Did you say no, sir or yes, sir? 20 A Yes, sir. 21 Q Can you spell it for me. I'm really having 22 trouble hearing you. 23 A Y-E-S. 24 Q okay, good. I understood that. Tell me what rule 25 was violated, please. C & J COURT REPORTERS, INC. 4 1 1 A Again, Rule 16 on Page 10 of the Safe Way book, 2 titled On or About Tracks, Rule 16 states in part when 3 working on or about tracks be alert for the movement of 4 equipment at any time in either direction on any track. 5 Q Okay. That was the same rule we had earlier. Are 6 there any other rules? 7 A That is the primary rule I see having been 8 violated here. 9 Q The restricted speed rule that requires people to 10 run at a speed in the yard, able to stop in half the 11 distance that they can see, does that come under the safety 12 rules or the operating rules? 13 A That comes under the operating rules. 14 Q Are you going to offer any opinions about whether 15 Mr. Tipton was following that rule or not? 16 A No, I'm not. 17 Q It says Mr. Fritts may testify in accord with 18 Defendant's Supplemental Answer to Plaintiff's Fifth 19 Supplemental Interrogatories. What opinions do you have to 20 offer in connection with that statement? 21 A Could you direct me to some specific area of that? 22 Q well, that's the title of it. I could dig it out 23 but you should have that in front of you I would think. if 24 you don't I can dig it out for you. 25 A No, I have that but are you -- would you direct me C & J COURT REPORTERS, INC. 42 1 to a specific page? 2 Q Hold on just a second and I will. Maybe 3 Mr. Holland would help you. Let me get the title. 4 Defendant's A-nswers to Plaintiff's Fifth Supplemental 5 Interrogatories, answer number one it says -- do you see 6 that? 7 A Yes, I have the Fifth Supplemental Answer to 8 Defendant's Interrogatories. 9 Q You have to get the title right, there's two of 10 them. This says Defendant's Answers to Plaintiff's Fifth 11 Supplemental Interrogatories. 12 A Wait a minute. I do not have that. 13 Q I can go slowly if you can't find it. would you 14 like me to do that? 15 A Just give me a sec here. This is the Defendant's 16 Fifth? 17 Q What they say is, and I'll read it again to make 18 sure I've got the right one, Defendant's Supplemental Answer 19 to Plaintiff's Fifth Supplemental Interrogatories. Sounds 20 like a lawyer's nightmare, doesn't it? 21 A Yes, it does, and I'm having problems finding that 22 document. 23 Q You can't find it? 24 A No. 2S Q Let me ask you some questions. I have it here C & J COURT REPORTERS, INC. 4 3 1 with me. The first part talks about where he was supposed 2 to keep a lookout and anticipate movement. Is that the same 3 thing as the rule we were just talking about? Would that be 4 the same rule that applies to that? s A If we're talking about what the employee is 6 supposed to do in his own personal safety as opposed to what 7 the operator of the train is supposed to do, then yes. 8 Q Okay. You don't have any opinions what the 9 operator of the train is supposed to do? 10 A No, not with respect to what his responsibilities 11 are in connection with operating rules and operating 12 practices. 13 Q Does the employee on the ground have an obligation 14 to look out but the employee on the locomotive does not have 15 an obligation to look out for people on the ground, is that 16 what you're saying, or are you just saying you don't have an 17 opinion on the second? 18 A No. What I'm saying is with respect to employee 19 safety responsibilities as outlined in the Safety Rules, I 20 certainly have an opinion on that but in terms of what rules 21 or procedures there are outlined in the operating rule book, 22 I do not. 23 Q Okay. As an example, On or About Track, it says 24 when working on or about track be alert for the movement of 25 equipment at any time in either direction or on any track. C & J COURT REPORTERS, INC. 44 1 That's Page 10. That's the one you keep quoting; is that 2 correct? 3 A Correct. 4 Q Do you agree that operators of equipment such as 5 locomotives should also be alert for persons working around 6 any track at any time? 7 A Yes. Y-E-S. 8 Q Thank you. It also says that he should have 9 heeded the warning of Yardmaster Fields regarding the 10 movement on the tracks next to him. What warnings are you 11 talking about? 12 A These are -- what am I talking about? 13 Q That's what they say. They say you're going to 14 offer opinions that Mr. Stanley should have heeded the is warnings of Yardmaster Fields regarding the movement on the 16 tracks next to him. I'm trying to find out what warnings 17 you're talking about and what your opinion is. 18 A The opinions are those I offered earlier and that 19 is that it was incumbent on Mr. Stanley, when he dismounted 20 his locomotive, to ensure that he was clear of anything -- 21 placed himself in a position where he was clear of any kind 22 of movement on adjoining track in the -- 23 Q Are you aware of any specific warnings that 24 Yardmaster Fields gave Mr. Stanley regarding a locomotive 25 coming north on Track No. 1? C & J COURT REPORTERS, INC. 45 1 A I'm aware that in one or more of the depositions 2 individuals have stated that -- such as Mr. Woodard, that 3 they were advised there was movement in the yard. where 4 that movement would have been, I do not know. 5 Q Okay. I'm trying to find out, though, can you 6 tell me any specific warnings that you're aware of from 7 reading the depositions that Mr. Fields gave Mr. Stanley 8 that an engine was coming up the No. 1 Track? 9 A No, I'm not. 10 Q The next thing that they say is that you're going 11 to offer opinions regarding the plaintiff's duty and 12 apparent failure to exercise reasonable and ordinary care 13 for his own safety. Could you point me to what rules would 14 cover that or would it be the same ones? is A It would be the same ones. 16 Q It says Mr. Fritts may also testify regarding the 17 propriety of procedures followed by railroad officers on the 18 night of plaintiff's accident regarding drug, alcohol 19 testing and regarding the obtaining of speed recording 20 information. 21 That sounds like two different things. Let's take 22 the drug/alcohol. Do you have any opinions about that? 23 A No, I do not. 24 Q Do you have any opinions regarding the speed 25 recording information? C & J COURT REPORTERS, INC. 4 6 1 A No, I do not. 2 Q Also testify concerning other matters relating to 3 the circumstances surrounding the alleged incident in 4 response to the testimony of plaintiff and other fact and 5 expert witnesses. Do you have any opinions concerning that? 6 A None other than what I've already offered. 7 Q Mr. Fritts will base his opinions, and it talks 8 about depositions of plaintiff and related witnesses 9 designated or deposed by plaintiff, depositions of witnesses 10 conducted by defendant, and his years of experience and 11 training with the railroad. Do you agree with that? 12 A Yes. Y-E-S. 13 Q Okay. I'm going to be going through some 14 questions with you and I may be able to skip quite a few of 15 them based on the limitations just to the rules. 16 Do you have any opinions about whether or not a 17 person can see another person in a locomotive as they pass 18 on a dark and rainy night with both their headlights on a 19 dimmed position? 20 A No. 21 Q The safety vest that you saw the pictures of, are 22 you familiar with whether or not it is equipped with 23 retroreflective disks inside the strips? 24 A Some of them are. I am familiar with that. 25 Q Do you know whether Mr. Stanley's vest was C & J COURT REPORTERS, INC. 4 7 1 equipped with the retroreflective disk? 2 A Let me relook at the photographs and see if I see 3 those on there. That was marked as an exhibit. Yes, I see 4 a yellow strip in the -- applied to the vest. 5 Q Do you believe that to be the retroreflective 6 materials? 7 A Yes. 8 Q And did you have any input into whether or not the 9 employees would wear those retroreflective vests at night 10 when working on the railroad? 11 A What do you mean by input? 12 Q Well, are you in favor of it, first off? 13 A No, not as a general requirement. 14 Q It doesn't matter to you whether they have them on 15 or not? 16 A We don't require them to have it, no. 17 Q All right, sir. So if Mr. Stanley did not have 18 his vest on he would not have been violating any rules? 19 A No, not that I know of. 20 Q What is the purpose of those vests? 21 A Well, in the conduct of certain activities such 22 as, for example, when an employee is flagging motor vehicle 23 traffic at a crossing, what we call a grade crossing, under 24 some of those kinds of circumstances they're required to 2S wear those vests under the operating rules, not under the C & J COURT REPORTERS, INC. 48 1 safety rules. 2 Q So do they wear those so the headlights of the 3 cars will pick them up? 4 A Yes, to make them more visible at night. Now, 5 other -- there are other circumstances under the operating 6 rules where they are required to wear vests. What those 7 are, I really can't tell you. 8 Q Do you have an opinion as to whether or not 9 Mr. Woodard blew his whistle or not after Mr. Stanley was on 10 the ground? 11 A Only that he stated that he did. 12 Q Do you have an opinion as to whether or not he 13 blew the correct signal to warn persons on the track of 14 danger? 15 A Excuse me, let me amend that. I got confused with 16 the names. Mr. Woodard, as I recall, said he sounded his 17 horn. 18 Q Yes, sir, he did. My question is do you know if 19 that's the appropriate signal, under CSX rules, to warn 20 persons on or near tracks? 21 A I'm sorry, I thought you said Mr. Stanley or Mr. 22 -- you did. Okay. Warn Mr. Stanley. I'm sorry, would you 23 restate the question again? I'm getting confused with these 24 names. 25 Q I do, too. Assuming Mr. Woodard did blow his horn C & J COURT REPORTERS, INC. 4 9 I one blast after Mr. Stanley had detrained and was on the 2 ground and Mr. Woodard was pulling ahead, would that be the 3 appropriate CSX signal under CSX rules to warn 4 Mr. Stanley? 5 A I do not know. 6 Q Is your field of expertise simply -- not simply 7 but is your field of expertise solely the Safe Way Safety 8 Rules? 9 A Yes. It's that and various programs and policies 10 that come under the scope of that such as our personal 11 protective equipment policy and things of that nature. 12 Q Was Mr. Stanley required to be wearing goggles 13 that night, safety glasses? 14 A Yes, he was. is Q Was he required to be wearing earplugs that night? 16 A Yes, he was. 17 Q Is there any prohibition against wearing a hooded 18 rain hood when it's raining, even if that covers his head 19 and ears? 20 A No, not as long it doesn't prohibit him from being 21 able to hear communication that's essential in the 22 performance of his work. 23 Q How about radio communication, does that come 24 under CSX Safe Way? 25 A We talk minimally in the safety rule book about C & J COURT REPORTERS, INC. 5 0 1 radio communication and for the most part reference the 2 radio rules that are in the operating rule book. Some very 3 general regulations outlined in the Safe Way book on Pages 4 44, 45, 46 and 47. 5 Q Let me look at those just a second. It says, on 6 Page 44 the third paragraph, that the radios are to be used 7 in connection with company business and they are to be used 8 to contribute to safety. Is there anything that you know 9 of, based on the depositions that you read, that prevented 10 Mr. Woodard from radioing to Mr. Stanley to let him know 11 that an engine was coming north on No. I Track? 12 A No. 13 Q Is there any indication that their radios were not 14 operable? 15 A Not that I've read. 16 Q Is there anything in your Safe Way book about job 17 briefings, other than the, I think it was Rule 1 that you 18 read me about the safety policy? 19 A No, not to my knowledge. 20 Q Do you know what a job briefing is? 21 A Yes, I do. 22 Q Tell me what it is, please. 23 A Job briefing can be conducted by a crew, it could 24 be conducted by as few as one person or as many people as 25 there are involved in doing a particular job. The purpose C & J COURT REPORTERS, INC. 51 1 of the job briefing is to review with everyone involved in a 2 performance of a particular task the work to be done, what 3 special hazards might be present in the performance of that 4 job, what protective equipment is required, a clearcut 5 understanding of what's to be done by everybody involved so 6 that the safety of everyone involved is protected. it 7 should be done at the start of the shift or at the start of 8 doing a job, and any time there's a change in the work being 9 done or conditions related to that job, the job briefing 10 should be updated. 11 Q Do supervisors also do job briefings? 12 A Yes, they do. 13 Q Do you know Mr. Tipton personally? 14 A No, I do not. is Q Have you reviewed, and if I've asked you this 16 question I'm sorry, it's been a long day for me and I'm sure 17 it has been for you too, have you reviewed his personnel 18 record? 19 A No, I have not. 20 Q Mr. Fritts? 21 A Yes. 22 Q Hello? 23 A Yes, sir. 24 Q Have you reviewed his personnel record? 25 A No, I have not. C & J COURT REPORTERS, INC. 52 1 Q Have you reviewed his safety record? 2 A No, I have not. 3 Q Have you reviewed his criminal record? 4 A If he has one, no, I have not. 5 Q Do you know whether he does or does not have one? 6 A No, I do not. 7 Q Have you read any depositions about his general 8 reputation for safe operation of a locomotive, as a CSX 9 locomotive engineer? 10 A Not that I can recall, no. 11 Q How about the statements, did they say anything 12 about his general reputation as a locomotive engineer? 13 A No, that I can recall. If they did, it may have 14 been where I perused them, not as closely as some other 15 documents and you'd have to refer me to a particular page. 16 Q All right. Are your locomotives designed so that 17 when the headlight is on the headlight being on would allow 18 the engineer to see employees ahead of the locomotive, on 19 the ground? 20 A That certainly is one of their functions. 21 Q Is there anything within your safety rules that 22 require engineers to keep a lookout ahead of their engines, 23 for employees? 24 A Not any more specific than the rule that we've 25 been talking about, Rule 16. C & J COURT REPORTERS, INC. 53 1 Q Okay. Talking about Page 16 or Rule 16? 2 A Rule 16. 3 Q What page was that on? Would you direct me to 4 that, please? 5 A Page 10. 6 Q Do you know anything about any speed tapes at all, 7 heard any talk or talked with anyone about speed tapes being 8 taken from the locomotive? 9 A No. I recall reading in one or more places where 10 it was a suggestion that either they weren't there or they 11 weren't removed or it wasn't clear as to what happened with 12 speed tapes. I'm not really able to answer that. 13 Q Did the railway company furnish you the statement 14 or the deposition, one or the other, of a Mr. Carl Lively? 15 A I don't recall that one. I don't think that was 16 in the list I gave you today. 17 Q It wasn't. I thought maybe we had overlooked it. 18 A No. I don't recall it. Would you like me to look 19 through my material again? 20 Q I'm sorry? 21 A Would you like me to look through my material 22 again? 23 Q You probably would recall it if you had read it. 24 A Okay. 25 Q You don't have any -- I'm sorry, you told me you C & J COURT REPORTERS, INC. 54 1 didn't have any opinions about track clearance as I 2 understand it. 3 A Not beyond that rule that I read to you about -- 4 the recommended practice to avoid mounting or dismounting 5 equipment where close clearances exist. 6 Q You did not have any opinion as to whether or not 7 these tracks, with the center line that they had, were close 8 clearance tracks or not, do you? 9 A The description sounds like that they were closer 10 than what might be average but not a critical close 11 clearance area, not one where -- I know that there are some 12 circumstances where if the clearances are minimal they'll 13 actually post it as a close clearance area and I've read 14 nothing that said that this was a posted close clearance 15 area. 16 Q Have you read the reports of any experts, and I'll 17 name them of f; Mr. Burdick, Mr. Wolf, Mr. Puryear, 18 Mr. Chewning or Mr. Sobek? 19 A Those names do not sound familiar to me. 20 Q Have you read the reports of any experts 21 concerning opinions that they are going to offer in this 22 case? 23 A No. I do not believe I have. 24 Q All right, sir. And Dr. Bullock, what was the 25 purpose of reading his deposition? C & J COURT REPORTERS, INC. 55 1 A I'd have to relook at it again. I don't recall. 2 Q Do you recall where he said he believes Mr. Stanley 3 was impacted? 4 A No, I do not. 5 Q Do you have any opinion as to what portion of 6 Mr. Tipton's locomotive struck Mr. Stanley? 7 A No, I do not. 8 Q Do you have any opinion as to which direction 9 Mr. Stanley was facing at the time he was struck by 10 Mr. Tipton's locomotive? 11 A No, I do not. 12 Q Are you aware of any computer simulations that 13 have been done in connection with this case? 14 A No, I am not. is Q All right. I believe we finished. Let me look 16 through my exhibit here for just a second, at least I 17 believe I have. 18 Have you looked at any personal injury reports in 19 connection with this case? 20 A No, I have not. 21 Q And have you looked at the timetable for ACCA yard 22 in affect at the time of this accident? 23 A No, I have not. 24 Q Have you looked at any specifications or 25 measurements concerning the engines that we have talked C & J COURT REPORTERS, INC. 56 1 about, the 8501, and the attached locomotive, 85G8? 2 A No, I have not. 3 Q And Mr. Woodard's consist starting with 6858 and 4 the other four locomotive? 5 A No, I have not. 6 Q All right. That's all the questions I have. 7 Mr. Holland may have some questions. 8 MR. HOLLAND: I just have one or two. 9 CROSS-EXAMINATION 10 BY MR. HOLLAND: 11 Q Mr. Fritts, if there was evidence in this case 12 that Mr. Stanley was struck just as he got down from his 13 locomotive would it have been unsafe for Mr. Stanley to 14 dismount his locomotive, sir? 15 A Yes, it would have been. 16 MR. HOLLAND: That's all I have, Eddie. 17 REDIRECT EXAMINATION 18 BY MR. WILSON: 19 Q would you agree, Mr. Fritts, that that would have 20 been the type situation that was covered under a rule that 21 Mr. Woodard would have violated, on Page -- excuse me, let 22 me get back to it -- on Page 8, that he would have -- should 23 have warned Mr. Stanley of an unsafe act and hazard if he 24 knew Mr. Stanley were getting down in the face of an ongoing 25 locomotive? C & J COURT REPORTERS, INC. 57 1 A That in and of itself would have not been a rule 2 violation, no. 3 Q You don't think Mr. Woodard would have violated a 4 rule if he had not have warned Mr. Stanley that Mr. Stanley 5 was getting down in front of an oncoming locomotive? 6 A Certainly if he saw that he was getting in front 7 of the locomotive. I thought you meant that he was just 8 dismounting in the vicinity of an oncoming locomotive. If 9 he saw that he was placing himself in the path of danger, 10 absolutely, he should notify him. 11 Q Thank you, sir. That's all I have. 12 RECROSS EXAMINATION 13 BY MR. HOLLAND: 14 Q Mr. Fritts, if Mr. Stanley is dismounting a 15 locomotive and there is another locomotive approaching and 16 Mr. Stanley had not yet gotten down on the ground would that 17 require Mr. Woodard to warn him? 18 A No. 19 MR. WILSON: I object to the question. There's no 20 foundation, no facts to support it in this case. I 21 have no further questions. Have you finished, 22 Mr. Holland? 23 MR. HOLLAND: Yes. 24 MR. WILSON: Okay, my friend. Thank you. 25 MR. HOLLAND: Regarding these photographs, I'd C & J COURT REPORTERS, INC. 58 1 like for Mr. Fritts to be able to keep those 2 photographs. 3 MR. WILSON: Greg, as long as they're ones that I 4 have that you've exchanged with me, I don't mind. if 5 you want to look at them and make that determination or 6 you want to bring them with you -- well, if you brought 7 them tomorrow he still wouldn't have them, though, 8 would he? 9 MR. HOLLAND: Let me tell you what they are. The 10 photographs that he has are the safety vest -- all the 11 pictures that were taken in Rich Miller's office that 12 night, Eddie. 13 MR. WILSON: I don't care about that. 14 MR. HOLLAND: The photographs of the locomotives 15 that were taken by Bill Dixon. 16 MR. WILSON: Don't care about that. I have all 17 those. 18 MR. HOLLAND: Right. You do. 19 MR. WILSON: Is that all he has? 20 MR. HOLLAND: No, no. The photographs that you 21 took when you and Donald Case were out there. 22 MR. WILSON: Okay. I have those. 23 MR. HOLLAND: Yes, you sure do. The photographs 24 that Steve Setliff took when we were in your office 25 that day, of the safety vest and bags and the contents C & J COURT REPORTERS, INC. 5 9 1 of the bags. 2 MR. WILSON: I have no problem with that. 3 MR. HOLLAND: Okay. Then we have photographs of 4 the control stands and some photographs that were taken 5 out there at night that -- I tell you what, I will 6 bring those with me. 7 MR. WILSON: Okay. Those are the ones I don't 8 have. 9 MR. HOLLAND: i think that's right, I don't think 10 you do have those. 11 MR. WILSON: All right. 12 MR. HOLLAND: As long as I bring these photographs 13 with me, we don't have to make those an exhibit? 14 MR. WILSON: As long as you bring the ones at is night and the ones of the control stand. 16 MR. HOLLAND: The control stand and some other 17 photographs of some locomotives. 18 MR. WILSON: That's fine with me, with the 19 understanding that if, after I look at those tomorrow, 20 if we want them to be an exhibit to the deposition 21 because they have some value to the deposition, we can 22 do that. Why don't you let someone make a photocopy of 23 them today, Greg, if it's not too many? Do you see 24 what I'm talking about? If you bring them with you 2S tomorrow, let's put it like that, and I need -- I say C & J COURT REPORTERS, INC. 6 0 1 wait a minute, they should be a deposition exhibit, you 2 can keep them. 3 MR. HOLLAND: I tell you what. Why don't we make 4 these photographs a deposition exhibit and just agree 5 that I'll take them with me? 6 MR. WILSON: That's fine. Ms. Mueller, that's 7 fine with me. 8 MR. HOLLAND: Off the record. 9 (Off-record discussion) 10 MR. HOLLAND: Do you want to read it and sign it 11 or do you want to waive? 12 THE WITNESS: What's your advice? 13 MR. HOLLAND: It's customary to waive. 14 THE WITNESS: I waive it. 15 (Witness excused.) 16 (The deposition was concluded at approximately 17 3:50 p.m.) 18 - - - 19 20 21 22 23 24 25 C & J COURT REPORTERS, INC. 61 1 CERTIFICATE OF OATH 2 STATE OF FLORIDA 3 COUNTY OF DUVAL 4 5 I, the undersigned authority, certify that A. F. 6 Fritts personally appeared before me and was duly sworn. 7 8 WITNESS my hand and official seal this 22nd day of 9 January, 1996. 10 11 12 13 LOREE F. MUELLER, Court Reporter 14 LOREE F. MUR [FR 15 MY COMMMION f M 4MM @. n , , IO. I= 16 17 18 19 20 21 22 23 24 25 C &: J COURT REPORTERS, INC. 62 C E R T I F I C A T E STATE OF FLORIDA 2 COUNTY OF DUVAL 3 I, Loree F. Mueller, certify that I was authorized 4 to and did stenographically report the foregoing deposition 5 of A. F. Fritts and that the preceding transcript is a true 6 record of the testimony given by the witness. 7 I further certify that I am not a relative, 8 employee, or attorney, or counsel of any of the parties, nor 9 am I a relative or employee of any of the parties' attorney 10 or counsel connected with the action, nor am I financially 11 interested in the action. 12 WITNESS my hand and official seal at Jacksonville, 13 Duval County, Florida, this 22nd day of January, 1996. 14 is LOREE F. MUELLER, COURT REPORTER 16 17 LOFEE F MUELLM MY@#CC4=0 18 @R ' 10, I= ftm AN un AM 19 20 21 22 23 24 25 C & J COURT REPORTERS, INC.