Preview
FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
JOCATENA HARGROVE Index No.: 2021-55017
Plaintiff, SUPPLEMENTAL
RESPONSE TO PC ORDER
-against-
DARIN JACKSON and BRIANNA A. VELLONE,
Defendants.
PLEASE TAKE NOTICE, that the Defendants, by their attorneys, LAW OFFICES OF
JENNIFER S. ADAMS, hereby set forth their Supplemental Response to the PC Order as
follows:
1. STATEMENTS: Annexed hereto, please find the statement of Plaintiff.
If subsequent to answering this demand, Defendants acquire any further information or
documents relevant to this demand, such information or document will be forwarded
immediately.
DATED: Nanuet, NY
September 28, 2022
Respectfully submitted,
___________________________
Thomas R. Mazzaro, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Darin Jackson and Brianna Vellone
One Executive Boulevard, Suite 280
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Yonkers, NY 10701
(716) 810-1320
Our File No.: 215672121-001
TO:
Sobo & Sobo, LLP
Attorney for Plaintiff
Jocatena Hargrove
One Dolson Avenue
Middletown, NY 10940
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Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling
Claim No.: 215672121 [SS] = Speaking Simultaneously
Page 1 [RD] = Recording Damage
Q: David Zarpentine [SP]
A: Jofatina [SP] Hargrove
1 [Recording: Recording initiated.]
2
3 Q: Are you there, Ms. Hargrove?
4
5 A: Yes.
6
7 Q: All right. Perfect. Um, this is David Zarpentine, and I’m speaking with, uh, Jofatina
8 Hargrove, uh, about an accident she was involved in. Ms. Hargrove, I’ll be recording this
9 conversation. Is that OK?
10
11 A: Yes.
12
13 Q: OK. Can you confirm the day this accident happened for me?
14
15 A: Um, Thursday. Uh, what was Thursday? April [crosstalk].
16
17 Q: This past Thursday?
18
19 A: Yes.
20
21 Q: It would’ve A-, April 1st.
22
23 A: Mm-hmm. April 1st.
24
25 Q: OK.
26
27 A: Yes.
28
29 Q: And around what time did it happen?
30
31 A: Approximately 8:30.
32
33 Q: OK. And what was the location of the accident?
34
35 A: Um, on 44 and, uh, what’s the cross street? You drive by there all the time until you need
36 to know the cross street . . .
37
38 Q: [laughs]
39
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40 A: . . . then you don’t know the cross street.
41
42 Q: [laughs] Uh, is there any businesses, uh, that were either to your right or your left or
43 anywhere in the intersection that . . .
44
45 A: Yeah, it’s near the Stop & Shop, uh, the entrance to the Stop N Shop, uh, center.
46
47 Q: OK. All right. Um, is there a Verizon on the corner, as well?
48
49 A: Uh, yes. Uh, Verizon’s directly there on the corner.
50
51 Q: OK. So, that would be, um, based off the information that we have, that would be Burnett
52 Boulevard.
53
54 A: Yes, you’re correct.
55
56 Q: All right.
57
58 A: I couldn't think of the name. Sorry.
59
60 Q: No, no, no problem. I just wanna make sure we’re all on the same page, so.
61
62 A: Yes.
63
64 Q: Um, what was the weather like on the evening of April 1st? Was it clear . . .
65
66 A: It was, it was . . .
67
68 Q: . . . snowy, rainy?
69
70 A: No, it was clear.
71
72 Q: And how would you describe traffic at the time of the accident? Was it light, heavy,
73 moderate?
74
75 A: Very light.
76
77 Q: OK. Would it have been necessary to have your headlights on?
78
79 A: The headlights were on, yes.
80
81 Q: OK. And were the other vehicle’s headlights on?
82
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83 A: I honestly can't tell you.
84
85 Q: OK. OK. And then, what street were you on?
86
87 A: 44.
88
89 Q: OK. And what direction were you traveling?
90
91 A: I guess I would’ve been going, uh, maybe northbound. I’m, my north, south, east, west is
92 [crosstalk]
93
94 Q: [laughs] No problem. No problem.
95
96 A: I’m just, I’m directionally challenged.
97
98 Q: What, what . . .
99
100 A: [laughs]
101
102 Q: What side was the Stop & Shop on?
103
104 A: On my right-hand side.
105
106 Q: OK.
107
108 A: So, we were going opposite of each other.
109
110 Q: OK.
111
112 A: So, if I was going north, he was going south. And, uh, you know, or vice versa.
113 Whichever the way the direction was.
114
115 Q: OK. And then, how many lanes of travel were there in each direction on 44 on that
116 section that you were in?
117
118 A: There are two lanes of straight travel, and then there are turning lanes.
119
120 Q: OK. So, is there a right turning lane and a left turning lane?
121
122 A: On, on my side . . .
123
124 Q: Yeah.
125
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126 A: . . . I believe there’s both. On his side, I think there’s only a left turning.
127
128 Q: OK. So, there are, in total at the intersection, four lanes for you, three lanes for the other
129 driver?
130
131 A: I, I think so, yes.
132
133 Q: OK. [pause] OK. Now, one of the things I like to do is pull these scenes up on Google
134 Maps, uh, just to give, familiarize myself and make sure that I have a good idea of, you
135 know, what you’re saying in, in relation to where you were on the road.
136
137 A: Mm-hmm.
138
139 Q: Um, so you said that the Stop & Shop was to your right.
140
141 A: Yes.
142
143 Q: Um, [makes noise].
144
145 A: Yeah, I was [crosstalk], I was facing the Verizon.
146
147 Q: OK. So, you were facing the Verizon.
148
149 A: Mm-hmm.
150
151 Q: Got it. All right. And then, which lane were you in? Um, I do see, now that I have it
152 pulled up, it does appear two straight lanes and there is a left lane and then a, it does
153 branch off into a right turn lane, as well.
154
155 A: Right.
156
157 Q: So, um, of those four lanes, which lane were you in?
158
159 A: I was in the, the right lane going straight.
160
161 Q: OK. And at the time of the accident, where were you coming from and where were you
162 going to?
163
164 A: I was coming from my granddaughter’s house, and I was going home.
165
166 Q: OK. And then, at the time of the accident, what was your approximate speed? Do you
167 know how fast you were going?
168
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169 A: Between 30 and 40. You know, somewhere thereabouts. I had, uh, just left her house, and
170 she’s only about two blocks, two to three blocks from where the accident occurred. Um,
171 so [RD] speed was relatively low.
172
173 Q: OK. Do you know what the posted speed limit of that area, of that roadway is?
174
175 A: I believe it’s 40 or 45.
176
177 Q: OK. How familiar are you with this intersection? Do you travel it frequently?
178
179 A: Yes.
180
181 Q: OK. Was there anything blocking your vision? Trees, cars, large commercial vehicles,
182 bushes . . .
183
184 A: No.
185
186 Q: . . . bright lights, anything like that that would’ve obstructed your or the other driver’s
187 vision?
188
189 A: No.
190
191 Q: OK. And then, you, did you have any kind of traffic light at that intersection?
192
193 A: Yeah, there’s traffic lights, yes.
194
195 Q: OK. And now, for the lane you were in, um, and the direction, is that a dedicated, uh,
196 turning tra-? Like is there a green arrow, is it just a standard three color? Like what, uh,
197 specific traffic light would be there?
198
199 A: Uh, I was, I, I’m going straight. So, there’s just a green light to go straight.
200
201 Q: OK. And now, the other driver, what lane was he in in the opposite direction?
202
203 A: So, I honestly can’t tell you.
204
205 Q: OK. W-, why not?
206
207 A: So, I, well, I wasn’t paying attention to him. You know, you’re in, we’re in, we’re going
208 opposite directions.
209
210 Q: OK.
211
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212 A: There’s a, there’s a divider between the two, um, lanes of tr-, two, two sides of traffic.
213
214 Q: OK.
215
216 A: Uh, so car, so cars that are going past me on the other driver I don’t really pay attention
217 to.
218
219 Q: OK.
220
221 A: Um, I was just, just wasn’t expecting him to cut across me, um, because he should’ve
222 been going just straight.
223
224 Q: OK. [makes noise] Let me just double check. [makes noise] OK. Um, how far were you
225 from the intersection when you first saw the traffic signal? You can estimate it with like a
226 landmark or feet or distance.
227
228 A: When I first saw the traffic signal?
229
230 Q: Yes, when you . . .
231
232 A: I’m not . . .
233
234 Q: . . . first noticed the traffic signal.
235
236 A: I’m not sure what you’re asking me.
237
238 Q: So, so when you first like, so it looks like there a crest to the hill. When you first started
239 coming down 44 and you noticed the traffic signal . . .
240
241 A: OK, you . . .
242
243 Q: . . . uh, how far away were you?
244
245 A: You can see it immediately.
246
247 Q: OK. And what color was it when you immediately saw it?
248
249 A: It was green.
250
251 Q: OK. [pause] And as you approached it, did it change red at any point? Or did it, uh . . .
252
253 A: It . . .
254
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255 Q: . . . you know, cycle through or?
256
257 A: No, it stayed green.
258
259 Q: OK. Did you have to stop at the traffic signal or not?
260
261 A: No, I did not. It was green.
262
263 Q: OK. Do you notice, did you notice if there were any other vehicles, um, stopped at the
264 intersection either to your right or to your left, uh, at the cross street or across from the
265 intersection?
266
267 A: There were vehicles stopped to my right, um, of the intersection. They didn’t have the
268 light, so they were sitting still. They were not moving. I can’t tell you to the left 'cuz I
269 really didn’t look across the intersection to tell you. So, I don't know.
270
271 Q: OK. So, the vehicles that were stopped to your right were on the cross street stopped? Or
272 in that right lane?
273
274 A: Yes.
275
276 Q: OK.
277
278 A: No, they were at the cross street stopped.
279
280 Q: OK. [pause] All right. And then, in your own words, uh, kinda at the, from this point tell
281 me what happened as you’re coming down the road and towards the intersection.
282
283 A: Well, I’m, I’m, I’m heading home, you know. So, it’s a road, route I travel quite often.
284 Um, I watch the light in particular because it is a big intersection, which is why I know
285 that the light was still green. Um, I really wasn’t paying attention to the other side of the
286 traffic until I saw him coming directly toward, in front of me. And by the time I saw him,
287 I was only able to swerve a little bit. Um, so I didn’t hit him like dead-on, but I still hit
288 him 'cuz I couldn’t avoid him entirely.
289
290 Q: OK. And which way did you swerve? Did you swerve to the right or to the left?
291
292 A: To the left.
293
294 Q: OK. And what was the initial point of impact for your vehicle?
295
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296 A: Um, well, it, I believe primarily it was the front passenger, although I seen damage across
297 the whole front. But I don't think that I, well, in my opinion I don't think I hit him full on
298 direct 'cuz I think it would’ve been a lot worse.
299
300 Q: OK. And what was the point of impact for the other driver’s vehicle?
301
302 A: I can’t tell you.
303
304 Q: OK.
305
306 A: Are you, are you trying to ask me, ask me where did I hit him?
307
308 Q: Yes.
309
310 A: Um, so I, I, believe from the passenger rear, um, backward.
311
312 Q: So, the rear, the passenger rear door backwards?
313
314 A: I believe so.
315
316 Q: OK.
317
318 A: I believe in that general area.
319
320 Q: And after the vehicles collided, where did the vehicles come to rest?
321
322 A: I came to rest facing the Verizon store.
323
324 Q: OK. So, pointed towards the, the right?
325
326 A: Yes.
327
328 Q: OK.
329
330 A: I was coming back at an angle pointing towards the Verio-, the Verizon store.
331
332 Q: OK. And where did the other vehicle come to rest?
333
334 A: Uh, sir, I can’t tell you.
335
336 Q: OK.
337
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338 A: You know, when my airbag went off and the [RD] was in the car and my chest my
339 hurting, and then I couldn’t breathe for a few minutes. I really wasn’t worried about
340 where he went to.
341
342 Q: OK. I’m sorry.
343
344 A: I was worried about whether or not I was gonna die at that moment.
345
346 Q: Well, I do certainly understand that. I, you know, uh, [scoffs] . . .
347
348 A: Mm-hmm.
349
350 Q: . . . it’s completely understandable in your area.
351
352 A: Mm-hmm.
353
354 Q: A serious impact like that can certainly make sure you get your bearings and that you’re
355 doing OK, so. Uh, no problem at all. Um, how fast do you think the other vehicle was
356 going at the time of the accident?
357
358 A: I think he was going pretty fast 'cuz he, he cut across me at a pretty good rate of speed. I
359 think he was speeding.
360
361 Q: Now, did your vehicle, uh, spin or turn or rotate in any way, or was it just an in-, initial
362 kind of, uh, impact?
363
364 A: Um, I think it was just initial impact, yeah. You know, it pulled me a little bit toward the
365 right and had me facing the store instead of facing straight.
366
367 Q: OK. [pause] When you first noticed the other vehicle, uh, was it approaching from your
368 left, right, or straight ahead? Um, did you see the front end? Did you see it’s side doors?
369 What, what did you first, when did you first notice it?
370
371 A: Um, when I first noticed it, I think I just saw the side of the car, um, going, you know,
372 coming to, coming my way. And then, I just didn’t have enough time to stop.
373
374 Q: OK. [pause] Now, you did mentioned you swerved, uh, to the left, and that’s no, uh, I did
375 note that. Uh, were you able to do anything else? You know, blow your horn, brake . . .
376
377 A: No.
378
379 Q: . . . honk, anything like that?
380
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381 A: No. No. I just really just grabbed the steering wheel with both hands and kinda tried to
382 brace myself 'cuz I see that I was not gonna clear him.
383
384 Q: OK. Was there any damage to your vehicle before this accident in any other places?
385
386 A: No.
387
388 Q: And then, how many people were in your vehicle?
389
390 A: Just myself.
391
392 Q: And how many people do you know of were in the other vehicle?
393
394 A: I don't know.
395
396 Q: OK.
397
398 A: I saw two, um, uh, but I think it may have been more than two, but I honestly don’t know.
399
400 Q: All right. And then, did the police come to the scene?
401
402 A: Yes.
403
404 Q: OK. And what department?
405
406 A: Police, fire truck, ambulance, everybody was there.
407
408 Q: OK. And what department came to the scene?
409
410 A: Um, Poughkeepsie Police Department. I, I don't know how to answer your question.
411 [laughs]
412
413 Q: OK. Is it the town or the city? That’s fine. [laughs]
414
415 A: Uh, town.
416
417 Q: OK. And then, do you know if any tickets were issued and for what?
418
419 A: Yes. I don't know for what. I know he was issued three summons.
420
421 Q: OK.
422
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423 A: There was also, um, um, I understand he passed, uh, whatever sobriety test they gave
424 him, but the car, uh, from what I understand from bystanders the, uh, reek of marijuana,
425 so.
426
427 Q: OK. They did give him a field sobriety test?
428
429 A: I’m not sure if they gave it to him there or at the hospital.
430
431 Q: OK.
432
433 A: I think they gave it to him at the hospital. But you should also be aware that there were
434 witnesses that gave full statements that he did not have the right-of-way.
435
436 Q: And do you . . .
437
438 A: So, I guess . . .
439
440 Q: . . . do you . . .
441
442 A: . . . when you get the police report, you’ll be able to see that.
443
444 Q: OK. And then, did you, um, did you speak to any witnesses, or did any of the witnesses,
445 uh, did you . . .
446
447 A: Yes.
448
449 Q: . . . do you know of who the witnesses are?
450
451 A: I have no idea who they were. Uh, sir, I was placed in the ambulance and taken from the
452 scene.
453
454 Q: OK.
455
456 A: I spoke to the officer later when he came to the hospital, and he informed me, uh, that
457 there was an independent witness that didn’t know myself nor the other guy that said he
458 witnessed the entire accident and said the young man was at fault. That he did not have
459 the way of the arrow. Both of our lights were green, but he did not have the arrow to turn.
460
461 Q: OK. OK. Well, hopefully, we can get that, uh, his contact information from the police
462 report when it becomes available and we can get his statement 'cuz that would be hugely
463 beneficial.
464
465 A: Mm-hmm.
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466
467 Q: Um, in obviously determining, you know, where he was and what he saw, so. Um,
468 [makes noise], um, OK. So, I do understand that you obviously, uh, had some chest pain
469 and that the ambulance came and did take you to the emergency room. What, uh, what
470 emergency room did you end up going to?
471
472 A: Uh, Vassar.
473
474 Q: OK. And then, do you have any further treatment planned at this point?
475
476 A: Um, I plan to follow-up with my primary doctor this week. Um, I kinda stayed home over
477 the weekend to see if, you know, the initial pain would subside, if it was just kinda
478 bruising. But my lower back is still giving me a little bit of a problem, as well as behind
479 my neck. So, I am gonna follow-up, um, just to make sure I’m not missing anything.
480
481 Q: OK.
482
483 A: And if it requires a little more time, then I’m fine with that. But, um, it, uh . . .
484
485 Q: OK.
486
487 A: . . . it’s still . . .
488
489 Q: Absolutely.
490
491 A: . . . it’s still quite painful right now.
492
493 Q: That’s, uh, and, and, you know, uh, with the airbags deploying in your vehicle and the
494 other driver’s vehicle, it obviously was not a, a low-speed collision.
495
496 A: Right.
497
498 Q: So, you know . . .
499
500 A: Right.
501
502 Q: . . . I, I, I deal with this, these accidents all the time and there’s, there’s quite, uh, you
503 know, sometimes it, it just takes a little bit longer to feel any better. So, I, I am sorry
504 you’re feeling this way, and I, I do hope you, you bounce back, uh, you know . . .
505
506 A: Me, too.
507
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508 Q: . . . quicker than, [laughs] quick-, quicker than, quicker than later, so. Um, did they, at
509 Vassar [crosstalk] [laughs]. Did they, uh, do x-rays, CAT scans?
510
511 A: CAT scan and x-rays, yes.
512
513 Q: OK.
514
515 A: I mean, nothing’s broken.
516
517 Q: Any fractures? None.
518
519 A: No.
520
521 Q: No fractures? OK.
522
523 A: No. Thank God, no, nothing broken. Just a lot of bruises.
524
525 Q: Which again, yeah, that certainly is not, not surprising, unfortunately. All right. Um, have
526 you missed any work because of your injury?
527
528 A: No, I’m retired.
529
530 Q: I hope you’ve been enjoying your retirement. [laughs]
531
532 A: [laughs]
533
534 Q: Um, now, um . . .
535
536 A: Thank you.
537
538 Q: You’re very welcome. I, uh, my mom just retired last year from school. She, uh, she was
539 in the schools and with like her COVID, uh, shut the schools down and she had some
540 lung issues anyway.
541
542 A: Yeah.
543
544 Q: So, when they, uh, when they, she just was given a retirement incentive, she, she took
545 that.
546
547 A: Yes.
548
549 Q: Like, yep, I’m done. I’m not, [laughs] I’m not gonna play these games, so.
550
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Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling
Claim No.: 215672121 [SS] = Speaking Simultaneously
Page 14 [RD] = Recording Damage
551 A: [laughs]
552
553 Q: Um, let me . . .
554
555 A: Good for her.
556
557 Q: Yeah. Yeah. I, I told her, too, when, 'cuz it, it, she wasn’t planning on it initially, but, uh,
558 when they kind of went over everything, they, she, she decided that, that it was, you
559 know, what, what good is a couple of more years if she, you know, ends up getting this,
560 this virus . . .
561
562 A: Right.
563
564 Q: . . . and going forward [crosstalk] . . .
565
566 A: That’s right. That’s right. Mm-hmm.
567
568 Q: All right. So, um, last question. Are you eligible for Medicare or Medicaid?
569
570 A: No. Not, neither.
571
572 Q: OK. All right. No problem. All right. Is there anything else about the accident you think I
573 should know that we have not already discussed?
574
575 A: Uh, I don’t, I don't think so. Um, and, you know, I, I guess the small details will be in the
576 police report.
577
578 Q: Mm-hmm.
579
580 A: Um, like I said, it happened so quickly. Uh, and then I was taken from the scene. I didn’t
581 even get out the car, uh, until the ambulance was there. So, uh, I really can’t give you too
582 much information, um, as to what was going on at the scene. Uh, uh, some of it I got
583 from my granddaughter. She came, um, later. Because we had, we had both been grocery
584 shopping and I had come with her home to take her groceries and help her 'cuz she has a
585 new baby. And I left her to go home with my groceries. So, when I, when the accident
586 occurred, all my groceries was in the car. So, she had to come back out and come to the
587 car to get the groceries.
588
589 Q: Oh, I absolutely get that. Yeah, the last thing you want is, uh, a bunch of food and, and
590 groceries sitting in the car while, uh . . .
591
592 A: Yeah.
593
Allegis Transcript ID: 3767586
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FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022
Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling
Claim No.: 215672121 [SS] = Speaking Simultaneously
Page 15 [RD] = Recording Damage
594 Q: . . . while you get taken care of. So, it’s, it’s nice that she lived that close to be . . .
595
596 A: Mm-hmm. Mm-hmm.
597
598 Q: . . . able to come and get that for you.
599
600 A: Yep.
601
602 Q: Um, that, that does answer all my questions. Um, I wanna thank you for your time today.
603 Uh, we can go on ahead and just discuss the next steps in the claims process now.
604
605 A: OK.
606
607 Q: Um, again, with our driver’s indicating he had the green arrow and you indicating you
608 had the green light, obviously someone didn’t, didn’t have the situation that they
609 remember. So, what we need is to get that independent witness. We need to get that
610 police report. We need to identify any other potential witnesses, as well. Um, maybe, you
611 know, surveillance footage from Verizon or the fire department or, you know, wherever .
612 ..
613
614 A: Mm-hmm.
615
616 Q: . . . um, to see if we can figure out exactly what happened. And at that point, you know,
617 we would, uh, push forward with our liability decision once we have all that information.
618 Um, so liability is still pending. Um, if you have any questions in the meantime, you can
619 be sure to let me know. Um, when is your next follow-up? When do you, do you have it
620 scheduled for your primary care follow-up yet or not?
621
622 A: No. No. I’m, I’m gonna call him today and schedule it for some time this week.
623
624 Q: OK. Well, so, I’m, um, again, I, we do have that bodily injury opened up while liability
625 here is pending. So, I will go ahead and follow-up with you probably, you know, at the
626 latest Thursday afternoon, you know, just checking, like give you an update on liability.
627
628 A: OK.
629
630 Q: And then, see how that follow-up appointment went, as well, OK?
631
632 A: OK. OK. Sounds good.
633
634 Q: All right.
635
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FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022
Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling
Claim No.: 215672121 [SS] = Speaking Simultaneously
Page 16 [RD] = Recording Damage
636 A: And then, if you, um, if you can keep informed. I mean, I know everything takes, uh, a
637 process and the, you know, uh, for you guys to do your investigation. So, just, uh, let, you
638 know, keep me informed as to what your determination finally is.
639
640 Q: Absolutely. And I, I, I will be certain, certain to do that. So, we will, um, you know, we’ll
641 get all the information and then give you a call out as soon as we can, um, and have an
642 update. And I will follow-up with you on, uh, you know, by Thursday to see how that
643 appointment went, or if you have that scheduled, OK?
644
645 A: Great. Thank you so much.
646
647 Q: You’re very welcome, Ms. Hargrove. You enjoy the rest of your day.
648
649 A: Thank you. You, as well.
650
651 Q: Bye.
652
653 A: Bye.
Allegis Transcript ID: 3767586
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Preview
FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS JOCATENA HARGROVE Index No.: 2021-55017 Plaintiff, SUPPLEMENTAL RESPONSE TO PC ORDER -against- DARIN JACKSON and BRIANNA A. VELLONE, Defendants. PLEASE TAKE NOTICE, that the Defendants, by their attorneys, LAW OFFICES OF JENNIFER S. ADAMS, hereby set forth their Supplemental Response to the PC Order as follows: 1. STATEMENTS: Annexed hereto, please find the statement of Plaintiff. If subsequent to answering this demand, Defendants acquire any further information or documents relevant to this demand, such information or document will be forwarded immediately. DATED: Nanuet, NY September 28, 2022 Respectfully submitted, ___________________________ Thomas R. Mazzaro, Esq. LAW OFFICES OF JENNIFER S. ADAMS Attorney for Defendant Darin Jackson and Brianna Vellone One Executive Boulevard, Suite 280 1 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Yonkers, NY 10701 (716) 810-1320 Our File No.: 215672121-001 TO: Sobo & Sobo, LLP Attorney for Plaintiff Jocatena Hargrove One Dolson Avenue Middletown, NY 10940 2 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 1 [RD] = Recording Damage Q: David Zarpentine [SP] A: Jofatina [SP] Hargrove 1 [Recording: Recording initiated.] 2 3 Q: Are you there, Ms. Hargrove? 4 5 A: Yes. 6 7 Q: All right. Perfect. Um, this is David Zarpentine, and I’m speaking with, uh, Jofatina 8 Hargrove, uh, about an accident she was involved in. Ms. Hargrove, I’ll be recording this 9 conversation. Is that OK? 10 11 A: Yes. 12 13 Q: OK. Can you confirm the day this accident happened for me? 14 15 A: Um, Thursday. Uh, what was Thursday? April [crosstalk]. 16 17 Q: This past Thursday? 18 19 A: Yes. 20 21 Q: It would’ve A-, April 1st. 22 23 A: Mm-hmm. April 1st. 24 25 Q: OK. 26 27 A: Yes. 28 29 Q: And around what time did it happen? 30 31 A: Approximately 8:30. 32 33 Q: OK. And what was the location of the accident? 34 35 A: Um, on 44 and, uh, what’s the cross street? You drive by there all the time until you need 36 to know the cross street . . . 37 38 Q: [laughs] 39 Allegis Transcript ID: 3767586 3 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 2 [RD] = Recording Damage 40 A: . . . then you don’t know the cross street. 41 42 Q: [laughs] Uh, is there any businesses, uh, that were either to your right or your left or 43 anywhere in the intersection that . . . 44 45 A: Yeah, it’s near the Stop & Shop, uh, the entrance to the Stop N Shop, uh, center. 46 47 Q: OK. All right. Um, is there a Verizon on the corner, as well? 48 49 A: Uh, yes. Uh, Verizon’s directly there on the corner. 50 51 Q: OK. So, that would be, um, based off the information that we have, that would be Burnett 52 Boulevard. 53 54 A: Yes, you’re correct. 55 56 Q: All right. 57 58 A: I couldn't think of the name. Sorry. 59 60 Q: No, no, no problem. I just wanna make sure we’re all on the same page, so. 61 62 A: Yes. 63 64 Q: Um, what was the weather like on the evening of April 1st? Was it clear . . . 65 66 A: It was, it was . . . 67 68 Q: . . . snowy, rainy? 69 70 A: No, it was clear. 71 72 Q: And how would you describe traffic at the time of the accident? Was it light, heavy, 73 moderate? 74 75 A: Very light. 76 77 Q: OK. Would it have been necessary to have your headlights on? 78 79 A: The headlights were on, yes. 80 81 Q: OK. And were the other vehicle’s headlights on? 82 Allegis Transcript ID: 3767586 4 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 3 [RD] = Recording Damage 83 A: I honestly can't tell you. 84 85 Q: OK. OK. And then, what street were you on? 86 87 A: 44. 88 89 Q: OK. And what direction were you traveling? 90 91 A: I guess I would’ve been going, uh, maybe northbound. I’m, my north, south, east, west is 92 [crosstalk] 93 94 Q: [laughs] No problem. No problem. 95 96 A: I’m just, I’m directionally challenged. 97 98 Q: What, what . . . 99 100 A: [laughs] 101 102 Q: What side was the Stop & Shop on? 103 104 A: On my right-hand side. 105 106 Q: OK. 107 108 A: So, we were going opposite of each other. 109 110 Q: OK. 111 112 A: So, if I was going north, he was going south. And, uh, you know, or vice versa. 113 Whichever the way the direction was. 114 115 Q: OK. And then, how many lanes of travel were there in each direction on 44 on that 116 section that you were in? 117 118 A: There are two lanes of straight travel, and then there are turning lanes. 119 120 Q: OK. So, is there a right turning lane and a left turning lane? 121 122 A: On, on my side . . . 123 124 Q: Yeah. 125 Allegis Transcript ID: 3767586 5 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 4 [RD] = Recording Damage 126 A: . . . I believe there’s both. On his side, I think there’s only a left turning. 127 128 Q: OK. So, there are, in total at the intersection, four lanes for you, three lanes for the other 129 driver? 130 131 A: I, I think so, yes. 132 133 Q: OK. [pause] OK. Now, one of the things I like to do is pull these scenes up on Google 134 Maps, uh, just to give, familiarize myself and make sure that I have a good idea of, you 135 know, what you’re saying in, in relation to where you were on the road. 136 137 A: Mm-hmm. 138 139 Q: Um, so you said that the Stop & Shop was to your right. 140 141 A: Yes. 142 143 Q: Um, [makes noise]. 144 145 A: Yeah, I was [crosstalk], I was facing the Verizon. 146 147 Q: OK. So, you were facing the Verizon. 148 149 A: Mm-hmm. 150 151 Q: Got it. All right. And then, which lane were you in? Um, I do see, now that I have it 152 pulled up, it does appear two straight lanes and there is a left lane and then a, it does 153 branch off into a right turn lane, as well. 154 155 A: Right. 156 157 Q: So, um, of those four lanes, which lane were you in? 158 159 A: I was in the, the right lane going straight. 160 161 Q: OK. And at the time of the accident, where were you coming from and where were you 162 going to? 163 164 A: I was coming from my granddaughter’s house, and I was going home. 165 166 Q: OK. And then, at the time of the accident, what was your approximate speed? Do you 167 know how fast you were going? 168 Allegis Transcript ID: 3767586 6 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 5 [RD] = Recording Damage 169 A: Between 30 and 40. You know, somewhere thereabouts. I had, uh, just left her house, and 170 she’s only about two blocks, two to three blocks from where the accident occurred. Um, 171 so [RD] speed was relatively low. 172 173 Q: OK. Do you know what the posted speed limit of that area, of that roadway is? 174 175 A: I believe it’s 40 or 45. 176 177 Q: OK. How familiar are you with this intersection? Do you travel it frequently? 178 179 A: Yes. 180 181 Q: OK. Was there anything blocking your vision? Trees, cars, large commercial vehicles, 182 bushes . . . 183 184 A: No. 185 186 Q: . . . bright lights, anything like that that would’ve obstructed your or the other driver’s 187 vision? 188 189 A: No. 190 191 Q: OK. And then, you, did you have any kind of traffic light at that intersection? 192 193 A: Yeah, there’s traffic lights, yes. 194 195 Q: OK. And now, for the lane you were in, um, and the direction, is that a dedicated, uh, 196 turning tra-? Like is there a green arrow, is it just a standard three color? Like what, uh, 197 specific traffic light would be there? 198 199 A: Uh, I was, I, I’m going straight. So, there’s just a green light to go straight. 200 201 Q: OK. And now, the other driver, what lane was he in in the opposite direction? 202 203 A: So, I honestly can’t tell you. 204 205 Q: OK. W-, why not? 206 207 A: So, I, well, I wasn’t paying attention to him. You know, you’re in, we’re in, we’re going 208 opposite directions. 209 210 Q: OK. 211 Allegis Transcript ID: 3767586 7 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 6 [RD] = Recording Damage 212 A: There’s a, there’s a divider between the two, um, lanes of tr-, two, two sides of traffic. 213 214 Q: OK. 215 216 A: Uh, so car, so cars that are going past me on the other driver I don’t really pay attention 217 to. 218 219 Q: OK. 220 221 A: Um, I was just, just wasn’t expecting him to cut across me, um, because he should’ve 222 been going just straight. 223 224 Q: OK. [makes noise] Let me just double check. [makes noise] OK. Um, how far were you 225 from the intersection when you first saw the traffic signal? You can estimate it with like a 226 landmark or feet or distance. 227 228 A: When I first saw the traffic signal? 229 230 Q: Yes, when you . . . 231 232 A: I’m not . . . 233 234 Q: . . . first noticed the traffic signal. 235 236 A: I’m not sure what you’re asking me. 237 238 Q: So, so when you first like, so it looks like there a crest to the hill. When you first started 239 coming down 44 and you noticed the traffic signal . . . 240 241 A: OK, you . . . 242 243 Q: . . . uh, how far away were you? 244 245 A: You can see it immediately. 246 247 Q: OK. And what color was it when you immediately saw it? 248 249 A: It was green. 250 251 Q: OK. [pause] And as you approached it, did it change red at any point? Or did it, uh . . . 252 253 A: It . . . 254 Allegis Transcript ID: 3767586 8 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 7 [RD] = Recording Damage 255 Q: . . . you know, cycle through or? 256 257 A: No, it stayed green. 258 259 Q: OK. Did you have to stop at the traffic signal or not? 260 261 A: No, I did not. It was green. 262 263 Q: OK. Do you notice, did you notice if there were any other vehicles, um, stopped at the 264 intersection either to your right or to your left, uh, at the cross street or across from the 265 intersection? 266 267 A: There were vehicles stopped to my right, um, of the intersection. They didn’t have the 268 light, so they were sitting still. They were not moving. I can’t tell you to the left 'cuz I 269 really didn’t look across the intersection to tell you. So, I don't know. 270 271 Q: OK. So, the vehicles that were stopped to your right were on the cross street stopped? Or 272 in that right lane? 273 274 A: Yes. 275 276 Q: OK. 277 278 A: No, they were at the cross street stopped. 279 280 Q: OK. [pause] All right. And then, in your own words, uh, kinda at the, from this point tell 281 me what happened as you’re coming down the road and towards the intersection. 282 283 A: Well, I’m, I’m, I’m heading home, you know. So, it’s a road, route I travel quite often. 284 Um, I watch the light in particular because it is a big intersection, which is why I know 285 that the light was still green. Um, I really wasn’t paying attention to the other side of the 286 traffic until I saw him coming directly toward, in front of me. And by the time I saw him, 287 I was only able to swerve a little bit. Um, so I didn’t hit him like dead-on, but I still hit 288 him 'cuz I couldn’t avoid him entirely. 289 290 Q: OK. And which way did you swerve? Did you swerve to the right or to the left? 291 292 A: To the left. 293 294 Q: OK. And what was the initial point of impact for your vehicle? 295 Allegis Transcript ID: 3767586 9 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 8 [RD] = Recording Damage 296 A: Um, well, it, I believe primarily it was the front passenger, although I seen damage across 297 the whole front. But I don't think that I, well, in my opinion I don't think I hit him full on 298 direct 'cuz I think it would’ve been a lot worse. 299 300 Q: OK. And what was the point of impact for the other driver’s vehicle? 301 302 A: I can’t tell you. 303 304 Q: OK. 305 306 A: Are you, are you trying to ask me, ask me where did I hit him? 307 308 Q: Yes. 309 310 A: Um, so I, I, believe from the passenger rear, um, backward. 311 312 Q: So, the rear, the passenger rear door backwards? 313 314 A: I believe so. 315 316 Q: OK. 317 318 A: I believe in that general area. 319 320 Q: And after the vehicles collided, where did the vehicles come to rest? 321 322 A: I came to rest facing the Verizon store. 323 324 Q: OK. So, pointed towards the, the right? 325 326 A: Yes. 327 328 Q: OK. 329 330 A: I was coming back at an angle pointing towards the Verio-, the Verizon store. 331 332 Q: OK. And where did the other vehicle come to rest? 333 334 A: Uh, sir, I can’t tell you. 335 336 Q: OK. 337 Allegis Transcript ID: 3767586 10 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 9 [RD] = Recording Damage 338 A: You know, when my airbag went off and the [RD] was in the car and my chest my 339 hurting, and then I couldn’t breathe for a few minutes. I really wasn’t worried about 340 where he went to. 341 342 Q: OK. I’m sorry. 343 344 A: I was worried about whether or not I was gonna die at that moment. 345 346 Q: Well, I do certainly understand that. I, you know, uh, [scoffs] . . . 347 348 A: Mm-hmm. 349 350 Q: . . . it’s completely understandable in your area. 351 352 A: Mm-hmm. 353 354 Q: A serious impact like that can certainly make sure you get your bearings and that you’re 355 doing OK, so. Uh, no problem at all. Um, how fast do you think the other vehicle was 356 going at the time of the accident? 357 358 A: I think he was going pretty fast 'cuz he, he cut across me at a pretty good rate of speed. I 359 think he was speeding. 360 361 Q: Now, did your vehicle, uh, spin or turn or rotate in any way, or was it just an in-, initial 362 kind of, uh, impact? 363 364 A: Um, I think it was just initial impact, yeah. You know, it pulled me a little bit toward the 365 right and had me facing the store instead of facing straight. 366 367 Q: OK. [pause] When you first noticed the other vehicle, uh, was it approaching from your 368 left, right, or straight ahead? Um, did you see the front end? Did you see it’s side doors? 369 What, what did you first, when did you first notice it? 370 371 A: Um, when I first noticed it, I think I just saw the side of the car, um, going, you know, 372 coming to, coming my way. And then, I just didn’t have enough time to stop. 373 374 Q: OK. [pause] Now, you did mentioned you swerved, uh, to the left, and that’s no, uh, I did 375 note that. Uh, were you able to do anything else? You know, blow your horn, brake . . . 376 377 A: No. 378 379 Q: . . . honk, anything like that? 380 Allegis Transcript ID: 3767586 11 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 10 [RD] = Recording Damage 381 A: No. No. I just really just grabbed the steering wheel with both hands and kinda tried to 382 brace myself 'cuz I see that I was not gonna clear him. 383 384 Q: OK. Was there any damage to your vehicle before this accident in any other places? 385 386 A: No. 387 388 Q: And then, how many people were in your vehicle? 389 390 A: Just myself. 391 392 Q: And how many people do you know of were in the other vehicle? 393 394 A: I don't know. 395 396 Q: OK. 397 398 A: I saw two, um, uh, but I think it may have been more than two, but I honestly don’t know. 399 400 Q: All right. And then, did the police come to the scene? 401 402 A: Yes. 403 404 Q: OK. And what department? 405 406 A: Police, fire truck, ambulance, everybody was there. 407 408 Q: OK. And what department came to the scene? 409 410 A: Um, Poughkeepsie Police Department. I, I don't know how to answer your question. 411 [laughs] 412 413 Q: OK. Is it the town or the city? That’s fine. [laughs] 414 415 A: Uh, town. 416 417 Q: OK. And then, do you know if any tickets were issued and for what? 418 419 A: Yes. I don't know for what. I know he was issued three summons. 420 421 Q: OK. 422 Allegis Transcript ID: 3767586 12 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 11 [RD] = Recording Damage 423 A: There was also, um, um, I understand he passed, uh, whatever sobriety test they gave 424 him, but the car, uh, from what I understand from bystanders the, uh, reek of marijuana, 425 so. 426 427 Q: OK. They did give him a field sobriety test? 428 429 A: I’m not sure if they gave it to him there or at the hospital. 430 431 Q: OK. 432 433 A: I think they gave it to him at the hospital. But you should also be aware that there were 434 witnesses that gave full statements that he did not have the right-of-way. 435 436 Q: And do you . . . 437 438 A: So, I guess . . . 439 440 Q: . . . do you . . . 441 442 A: . . . when you get the police report, you’ll be able to see that. 443 444 Q: OK. And then, did you, um, did you speak to any witnesses, or did any of the witnesses, 445 uh, did you . . . 446 447 A: Yes. 448 449 Q: . . . do you know of who the witnesses are? 450 451 A: I have no idea who they were. Uh, sir, I was placed in the ambulance and taken from the 452 scene. 453 454 Q: OK. 455 456 A: I spoke to the officer later when he came to the hospital, and he informed me, uh, that 457 there was an independent witness that didn’t know myself nor the other guy that said he 458 witnessed the entire accident and said the young man was at fault. That he did not have 459 the way of the arrow. Both of our lights were green, but he did not have the arrow to turn. 460 461 Q: OK. OK. Well, hopefully, we can get that, uh, his contact information from the police 462 report when it becomes available and we can get his statement 'cuz that would be hugely 463 beneficial. 464 465 A: Mm-hmm. Allegis Transcript ID: 3767586 13 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 12 [RD] = Recording Damage 466 467 Q: Um, in obviously determining, you know, where he was and what he saw, so. Um, 468 [makes noise], um, OK. So, I do understand that you obviously, uh, had some chest pain 469 and that the ambulance came and did take you to the emergency room. What, uh, what 470 emergency room did you end up going to? 471 472 A: Uh, Vassar. 473 474 Q: OK. And then, do you have any further treatment planned at this point? 475 476 A: Um, I plan to follow-up with my primary doctor this week. Um, I kinda stayed home over 477 the weekend to see if, you know, the initial pain would subside, if it was just kinda 478 bruising. But my lower back is still giving me a little bit of a problem, as well as behind 479 my neck. So, I am gonna follow-up, um, just to make sure I’m not missing anything. 480 481 Q: OK. 482 483 A: And if it requires a little more time, then I’m fine with that. But, um, it, uh . . . 484 485 Q: OK. 486 487 A: . . . it’s still . . . 488 489 Q: Absolutely. 490 491 A: . . . it’s still quite painful right now. 492 493 Q: That’s, uh, and, and, you know, uh, with the airbags deploying in your vehicle and the 494 other driver’s vehicle, it obviously was not a, a low-speed collision. 495 496 A: Right. 497 498 Q: So, you know . . . 499 500 A: Right. 501 502 Q: . . . I, I, I deal with this, these accidents all the time and there’s, there’s quite, uh, you 503 know, sometimes it, it just takes a little bit longer to feel any better. So, I, I am sorry 504 you’re feeling this way, and I, I do hope you, you bounce back, uh, you know . . . 505 506 A: Me, too. 507 Allegis Transcript ID: 3767586 14 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 13 [RD] = Recording Damage 508 Q: . . . quicker than, [laughs] quick-, quicker than, quicker than later, so. Um, did they, at 509 Vassar [crosstalk] [laughs]. Did they, uh, do x-rays, CAT scans? 510 511 A: CAT scan and x-rays, yes. 512 513 Q: OK. 514 515 A: I mean, nothing’s broken. 516 517 Q: Any fractures? None. 518 519 A: No. 520 521 Q: No fractures? OK. 522 523 A: No. Thank God, no, nothing broken. Just a lot of bruises. 524 525 Q: Which again, yeah, that certainly is not, not surprising, unfortunately. All right. Um, have 526 you missed any work because of your injury? 527 528 A: No, I’m retired. 529 530 Q: I hope you’ve been enjoying your retirement. [laughs] 531 532 A: [laughs] 533 534 Q: Um, now, um . . . 535 536 A: Thank you. 537 538 Q: You’re very welcome. I, uh, my mom just retired last year from school. She, uh, she was 539 in the schools and with like her COVID, uh, shut the schools down and she had some 540 lung issues anyway. 541 542 A: Yeah. 543 544 Q: So, when they, uh, when they, she just was given a retirement incentive, she, she took 545 that. 546 547 A: Yes. 548 549 Q: Like, yep, I’m done. I’m not, [laughs] I’m not gonna play these games, so. 550 Allegis Transcript ID: 3767586 15 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 14 [RD] = Recording Damage 551 A: [laughs] 552 553 Q: Um, let me . . . 554 555 A: Good for her. 556 557 Q: Yeah. Yeah. I, I told her, too, when, 'cuz it, it, she wasn’t planning on it initially, but, uh, 558 when they kind of went over everything, they, she, she decided that, that it was, you 559 know, what, what good is a couple of more years if she, you know, ends up getting this, 560 this virus . . . 561 562 A: Right. 563 564 Q: . . . and going forward [crosstalk] . . . 565 566 A: That’s right. That’s right. Mm-hmm. 567 568 Q: All right. So, um, last question. Are you eligible for Medicare or Medicaid? 569 570 A: No. Not, neither. 571 572 Q: OK. All right. No problem. All right. Is there anything else about the accident you think I 573 should know that we have not already discussed? 574 575 A: Uh, I don’t, I don't think so. Um, and, you know, I, I guess the small details will be in the 576 police report. 577 578 Q: Mm-hmm. 579 580 A: Um, like I said, it happened so quickly. Uh, and then I was taken from the scene. I didn’t 581 even get out the car, uh, until the ambulance was there. So, uh, I really can’t give you too 582 much information, um, as to what was going on at the scene. Uh, uh, some of it I got 583 from my granddaughter. She came, um, later. Because we had, we had both been grocery 584 shopping and I had come with her home to take her groceries and help her 'cuz she has a 585 new baby. And I left her to go home with my groceries. So, when I, when the accident 586 occurred, all my groceries was in the car. So, she had to come back out and come to the 587 car to get the groceries. 588 589 Q: Oh, I absolutely get that. Yeah, the last thing you want is, uh, a bunch of food and, and 590 groceries sitting in the car while, uh . . . 591 592 A: Yeah. 593 Allegis Transcript ID: 3767586 16 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 15 [RD] = Recording Damage 594 Q: . . . while you get taken care of. So, it’s, it’s nice that she lived that close to be . . . 595 596 A: Mm-hmm. Mm-hmm. 597 598 Q: . . . able to come and get that for you. 599 600 A: Yep. 601 602 Q: Um, that, that does answer all my questions. Um, I wanna thank you for your time today. 603 Uh, we can go on ahead and just discuss the next steps in the claims process now. 604 605 A: OK. 606 607 Q: Um, again, with our driver’s indicating he had the green arrow and you indicating you 608 had the green light, obviously someone didn’t, didn’t have the situation that they 609 remember. So, what we need is to get that independent witness. We need to get that 610 police report. We need to identify any other potential witnesses, as well. Um, maybe, you 611 know, surveillance footage from Verizon or the fire department or, you know, wherever . 612 .. 613 614 A: Mm-hmm. 615 616 Q: . . . um, to see if we can figure out exactly what happened. And at that point, you know, 617 we would, uh, push forward with our liability decision once we have all that information. 618 Um, so liability is still pending. Um, if you have any questions in the meantime, you can 619 be sure to let me know. Um, when is your next follow-up? When do you, do you have it 620 scheduled for your primary care follow-up yet or not? 621 622 A: No. No. I’m, I’m gonna call him today and schedule it for some time this week. 623 624 Q: OK. Well, so, I’m, um, again, I, we do have that bodily injury opened up while liability 625 here is pending. So, I will go ahead and follow-up with you probably, you know, at the 626 latest Thursday afternoon, you know, just checking, like give you an update on liability. 627 628 A: OK. 629 630 Q: And then, see how that follow-up appointment went, as well, OK? 631 632 A: OK. OK. Sounds good. 633 634 Q: All right. 635 Allegis Transcript ID: 3767586 17 of 18 FILED: DUTCHESS COUNTY CLERK 09/28/2022 10:48 AM INDEX NO. 2021-55017 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 09/28/2022 Recorded Interview of: Jofatina [SP] Hargrove [SP] = Spelling Claim No.: 215672121 [SS] = Speaking Simultaneously Page 16 [RD] = Recording Damage 636 A: And then, if you, um, if you can keep informed. I mean, I know everything takes, uh, a 637 process and the, you know, uh, for you guys to do your investigation. So, just, uh, let, you 638 know, keep me informed as to what your determination finally is. 639 640 Q: Absolutely. And I, I, I will be certain, certain to do that. So, we will, um, you know, we’ll 641 get all the information and then give you a call out as soon as we can, um, and have an 642 update. And I will follow-up with you on, uh, you know, by Thursday to see how that 643 appointment went, or if you have that scheduled, OK? 644 645 A: Great. Thank you so much. 646 647 Q: You’re very welcome, Ms. Hargrove. You enjoy the rest of your day. 648 649 A: Thank you. You, as well. 650 651 Q: Bye. 652 653 A: Bye. Allegis Transcript ID: 3767586 18 of 18