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FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019
1
GLORIA KIRKLAND
2017PI012840
015-220
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In the Matter of the Claim of:
GLORIA KIRKLAND,
Claimant,
-against-
METROPOLITAN TRANSPORTATION AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY
CAPITAL CONSTRUCTION COMPANY, CITY OF
NEW YORK, NEW YORK CITY DEPARTMENT OF
SANITATION, NEW YORK CITY DEPARTMENT
OF TRANSPORTATION,
Respondents.
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Bee Reporting Depo Suites
89-00 Sutphin Boulevard
Jamaica, New York
January 11, 2018
3:31 P.M.
50(h) HEARING of GLORIA KIRKLAND, the
Claimant herein, taken by the attorneys for the
Respondents, pursuant to Section 50(h) of the General
Municipal Law, and held before Yesika Mendez, a Notary
Public of the State of New York at the above-stated
time and place.
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1
2 A P P E A R A N C E S :
3
4 SALENGER SACK KIMMEL & BAVARO, LLP
Attorney for Claimant
5 180 Froehlich Farm Boulevard
Woodbury, New York 11797
6
BY: JOSEPH P. DONNELLY, ESQ.
7
8
PARK & NGUYEN, ESQS.
9 Attorneys for Respondents
1809 Paulding Avenue - 2nd floor
10 Bronx, New York 10462
11 BY: DARIN BILLIG, ESQ.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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1
2 G L O R I A K I R K L A N D,
3 THE WITNESS HEREIN, having been first duly
4 sworn by Yesika Mendez, a Notary Public within
5 and for the State of New York, was examined and
6 testified as follow:
7 DIRECT EXAMINATION BY DARIN BILLIG, ESQ.:
8 Q Please state your name for the record.
9 A Gloria Kirkland.
10 Q. Please state your address for the record.
11 A. 315 Louis Avenue, Floral Park, New York 11001.
12 Q. Good afternoon, Ms. Kirkland.
13 A. Good afternoon.
14 Q. My name is Darin Billig. I am an attorney
15 retained by the City of New York to take your hearing
16 testimony today.
17 Have you ever testified before in your life?
18 A. Yes.
19 Q. Was it in connection to this accident or for
20 something else?
21 A. For this accident.
22 Q. Were you questioned about this accident by the
23 MTA, the Transit Authority?
24 A. Yes.
25 Q. In downtown Brooklyn?
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1 G. KIRKLAND
2 A. Yes.
3 Q. How long ago was that, approximately?
4 A. I believe it was, approximately, six, seven
5 months ago.
6 Q. Were you ever provided with the written
7 transcript of that hearing?
8 A. Yes.
9 Q. In preparing yourself for today, did you
10 review that transcript?
11 A. Yes.
12 Q. Like over the last week or two, have you
13 reviewed it?
14 A. I have reviewed it, yes.
15 Q. Other than that prior time, ever testify at
16 any other occasion in your life?
17 A. No.
18 Q. That hearing before Transit was taped,
19 correct, audio taped?
20 A. That is correct.
21 Q. It is a little different today because we have
22 a court reporter but similar. In responding to my
23 questions, you have to give a verbal response so if you
24 nod your head, remember to say yes or no, okay?
25 A. Okay, yes.
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2 Q. Also, be patient. Only one of us can speak at
3 a time because she can only record one of us at a time;
4 is that fair?
5 A. Yes.
6 Q. Most importantly, if you do not understand a
7 question or you're confused in any way, please, let me
8 know; is that fair?
9 A. Yes.
10 Q. Are you taking any medications today for any
11 reason?
12 A. Only prenatal vitamins.
13 Q. For the record, you are pregnant today?
14 A. Yes.
15 Q. How far along are you?
16 A. About eight and a half months.
17 Q. Overall, to this date, has it been a healthy
18 pregnancy?
19 A. Yes.
20 Q. No complications to date?
21 A. No.
22 Q. What is your date of birth?
23 A. Xx/xx/1984.
24 Q. What is your Social Security number?
25 A. Xxx-xx- .
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2 MR. DONNELLY: I just ask that the last
3 four appear on the record, thank you.
4 Q. Are you married?
5 A. No.
6 Q. Do you have any children?
7 A. No, other than what I'm carrying.
8 Q. This will be your first child?
9 A. Yes.
10 Q. Who do you live with at 315 Louis Avenue?
11 A. Family members.
12 Q. Who do you live with?
13 A. I'm sorry.
14 Q. That is okay.
15 A. It would be my cousin and aunt.
16 Q. Can I have their names?
17 A. Sure, Wesley Faucher, F-A-U-C-H-E-R, also,
18 Denise Faucher, that would be my child's father's
19 mother.
20 Q. Do you live with the father of your child or
21 expected child?
22 A. Yes.
23 Q. What is his name?
24 A. Wendell Faucher.
25 Q. How long have you lived at your current
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2 address?
3 A. This would be about three months now.
4 Q. Where did you live prior to that?
5 A. 93 South 36th Street, Wheatley Heights, New
6 York.
7 Q. How long did you live there?
8 A. For ten years, ten plus years.
9 Q. How tall are you?
10 A. 5'6.
11 Q. What was your average pre-pregnancy weight?
12 A. One seventy-five.
13 Q. Was that what you weighed at the time of the
14 accident, give or take a few pounds?
15 A. Give or take.
16 Q. Are you currently employed?
17 A. Yes.
18 Q. Are you still working?
19 A. No.
20 Q. Who is your employer?
21 A. New York City Transit.
22 Q. When is the last time you worked?
23 A. I don't have the exact date but it was in
24 August of 2017.
25 Q. In what capacity were you employed by New York
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2 City Transit Authority?
3 A. Full-time employee.
4 Q. Doing what, what was your job title?
5 A. A conductor.
6 Q. Generally, what does a conductor do?
7 A. The conductor opens and closes the doors.
8 Q. On the subway, correct?
9 A. On the subway, make train announcements for
10 connections for other trains, announcing any police
11 information, such as, if you see something, say
12 something, also assisting customers with answering their
13 questions, if they need to get to a destination.
14 Q. Generally, the conductor is the one in the
15 middle of the train who opens and closes the doors?
16 A. Yes.
17 Q. The operator is a different title, correct?
18 A. That is correct, yes.
19 Q. How long have you worked for the Transit
20 Authority?
21 A. October of --
22 Q. Do you know your start date?
23 A. Yes, my start date is October of 2016.
24 Q. What is your salary?
25 A. Hourly, it's twenty-one dollars and some
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2 cents, I don't have the cents exactly.
3 Q. After the accident, were you out of work for a
4 period of time?
5 A. Yes.
6 Q. From the date of the accident, for how long
7 were you out of work?
8 A. Three months -- I do apologize, it's for,
9 approximately, four months.
10 Q. Were you injured while working?
11 A. I was injured on my way to work.
12 Q. As they say, you were not on the clock at the
13 time?
14 A. Correct, yes.
15 Q. As a conductor for New York City Transit, if
16 you get injured on the job, are you eligible for
17 Workers' Compensation or do they treat it as line of
18 duty?
19 A. I am not too sure of the stipulations of how
20 they would treat it.
21 Q. In this instance, did they treat it as either
22 or did they say, since it happened on the way to work,
23 you are not covered by them; to your knowledge?
24 A. Can you repeat that.
25 Q. Did you put in a claim for something either
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2 like Workers' Compensation or line of duty benefits?
3 A. Yes.
4 Q. In response to that request, what was their
5 reply?
6 A. Right now, it's still pending. There was
7 hearings for it but it was submitted as Workers'
8 Compensation.
9 Q. Do you have a separate comp attorney?
10 A. Yes.
11 Q. Do you know the name of that attorney?
12 A. In my phone.
13 Q. You don't know it, as you sit here today?
14 A. No.
15 Q. You said there were hearings before the comp
16 board, you mentioned there was a hearing?
17 A. Yes, thy had -- there is a -- a hearing
18 pending that it goes to the Board for them to --
19 Q. Have you had to appear for any hearings yet?
20 A. Yes.
21 Q. Did you testify at the hearings?
22 A. Yes.
23 Q. You were asked questions by a Workers'
24 Compensation judge?
25 A. Yes.
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2 Q. Is one of the issues, whether you were working
3 at the time, is that one of the issues in that
4 proceeding?
5 A. Yes.
6 Q. Let's start off with the initial four months
7 that you missed from work, were you paid during that
8 time period?
9 A. No.
10 Q. You weren't paid at all, correct?
11 A. No.
12 Q. At the time, you were working roughly how many
13 hours a week?
14 A. Approximately, forty-five to fifty hours a
15 week.
16 Q. Do you get overtime?
17 A. Depending on the -- depending on the job.
18 Q. In approximately June, you returned to work?
19 A. Yes.
20 Q. Then, you went out of work two months later?
21 A. Yes.
22 Q. What was the reason you went out of work in
23 August?
24 A. Recurring headaches.
25 Q. Is that an injury you relate to the fall?
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2 A. Yes.
3 Q. Since August to present, have you been paid at
4 all?
5 A. No.
6 Q. Receive any Disability benefits?
7 A. No.
8 Q. What is Transit's policy with respect to
9 maternity leave?
10 A. Ten days.
11 Q. Paid, ten day maternity leave?
12 A. Ten days, running pay.
13 Q. Through your employment, do you have health
14 insurance benefits?
15 A. Yes.
16 Q. Who is your health insurance provider?
17 A. Aetna.
18 Q. Do you receive either Medicare or Medicaid
19 benefits?
20 A. No.
21 Q. The medical treatment for the injuries in this
22 accident, have you had to pay for any medical expenses
23 out of your own pocket, for example, copays,
24 deductibles, co-insurance?
25 A. Yes.
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2 Q. Can you give me a fair estimate, about how
3 much out of pocket?
4 A. About four to five hundred dollars out of
5 pocket.
6 Q. Would that be combined co-pays?
7 A. Yes.
8 Q. What is your highest level of education?
9 A. Associates degree.
10 Q. From what institution?
11 A. Suffolk Community College.
12 Q. Do you wear corrective lenses?
13 A. Yes.
14 Q. Are they for distances?
15 A. Yes.
16 Q. You generally wear them all the time?
17 A. Yes.
18 Q. You need them for work?
19 A. Yes.
20 Q. Do you drive a car?
21 A. Yes.
22 Q. When you drive, you wear your glasses?
23 A. Yes.
24 Q. Were you wearing your glasses at the time you
25 got hurt?
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2 A. Yes.
3 Q. Have you ever been convicted of a crime?
4 A. No.
5 Q. Other than the claim today, have you ever
6 filed another claim against the City of New York?
7 A. No.
8 Q. Have you ever filed a claim against the State
9 of New York?
10 A. No.
11 Q. What date did you get hurt?
12 A. February 10th, 2017.
13 Q. Do you happen to remember what day of the week
14 that was?
15 A. No.
16 Q. Weekend or weekday?
17 A. Weekday.
18 Q. About what time of day did the accident occur?
19 A. This was around between 8:00 and 8:30.
20 Q. In the morning?
21 A. Yes, in the morning, yes.
22 Q. You mentioned you were on your way to work,
23 correct?
24 A. Yes.
25 Q. Were you commuting from your address in
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2 Wheatley Heights?
3 A. Yes.
4 Q. That morning, where you were supposed to
5 report to work?
6 A. I was supposed to report to 145th train
7 station, in Manhattan.
8 Q. Were you scheduled to be working on a train
9 that day --
10 A. Yes.
11 Q. -- as a conductor?
12 A. Yes.
13 Q. What time was your shift supposed to start?
14 A. It was around 9:20, 9:30 A.M. to report.
15 Q. Had you worked that day before?
16 A. Had I worked that day?
17 Q. The day before, February 9th.
18 A. I can't remember, I'd have to look at my
19 schedule.
20 MR. BILLIG: Off the record.
21 (At this time there was a pause in the
22 proceeding.)
23 Q. The day before, had it snowed?
24 A. Yes.
25 Q. Do you know how much snowfall on February 9th?
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2 A. That, I do not know.
3 Q. Light snow, heavy snowstorm?
4 A. I can't -- I cannot remember, I know it
5 snowed.
6 MR. DONNELLY: Off the record.
7 (Whereupon, a discussion was held off the
8 record.)
9 Q. The night before the accident, do you know
10 approximately what time you went to sleep?
11 A. No, I do not know.
12 Q. Was it still snowing at the time you went to
13 bed that night, on the 9th?
14 A. I do not remember that at all.
15 Q. What time did you wake up on February 10th,
16 approximately?
17 A. Approximately, 5:00 A.M., 5:30 A.M.
18 Q. Was it snowing when you woke up in the
19 morning?
20 A. No.
21 Q. How were you planning on commuting in to get
22 to 145th Street?
23 A. My plan was to take the Long Island Railroad
24 to Penn Station and depending on if there is any delays,
25 if there are no delays, it would be the A train to 145th
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2 or the C train to 145th.
3 Q. Did you take the Long Island Railroad into
4 Penn that morning?
5 A. Yes.
6 Q. Approximately, what time did you arrive?
7 A. I don't remember the approximate, I'm trying
8 to -- oh, gosh -- it could be anywhere after 7:20 A.M.
9 Q. Do you remember what you were wearing that
10 morning?
11 A. My Transit uniform.
12 Q. What does that consist of?
13 A. That consists of the work boots, Transit
14 pants, Transit shirt.
15 Q. Winter coat?
16 A. Yes, Transit coat, a Transit sweater and
17 socks.
18 Q. You get to Penn Station, at that point, what
19 do you decide to do to try to get up to 145th Street?
20 A. I try to take the A train to get to 145th.
21 Q. Do you get on the A at 34th and Eighth Avenue?
22 A. I did not get on the A because there were
23 train delays.
24 Q. What did you then decide to do?
25 A. I tried to -- I went up -- I went to check on
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2 the C to take the C up and there was -- they said --
3 they announced there were some signal issues or train
4 delays. At that point, I had to use an alternative
5 route to get uptown.
6 Q. What route were you going to decide to take?
7 A. I found that there was a bus that could bring
8 me as close to a connecting train, another connecting
9 train, uptown and I took the bus. I don't remember the
10 exact bus number.
11 Q. Was that a bus you picked up by Penn?
12 A. Yes.
13 Q. On Eighth Avenue?
14 A. I believe either Eighth Avenue or -- there's
15 Eighth Avenue, Seventh Avenue, Broadway -- I know I had
16 to walk like a block or two to get to the bus stop.
17 Q. You board the bus at approximately 34th
18 Street?
19 A. Yes.
20 Q. Was the plan to take the bus to some subway
21 connection?
22 A. Yes.
23 Q. Where was the subway connection?
24 A. I was able to take it as farthest from -- as
25 close to 145th as possible. The closest that I was able
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2 to get to was 85th Street or 84th Street, around there.
3 Q. Is that where you were planning on taking the
4 bus to?
5 A. It was depending on the traffic at that point
6 and the timeframe of me getting to work, what would work
7 best.
8 Q. You get off the bus at around 85th Street,
9 correct?
10 A. Correct.
11 Q. 85th and do you know what avenue?
12 A. I just know it was -- I believe it probably
13 was West End and there's also Riverside Avenue, it was
14 either one of those streets.
15 Q. When you got off the bus from there, what were
16 you planning to do to get to 145th Street?
17 A. Just take the 1 train to 145th and walk
18 whatever distance to work.
19 Q. From that point, did you start walking to the
20 1 train subway station?
21 A. Yes.
22 Q. Where is that located?
23 A. That's on 86th Street and Broadway.
24 Q. Did you walk along 85th to get to the station,
25 along 86th or some other street?
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2 A. It was either 85th or 86th, I can't recall
3 right at this moment.
4 Q. Have you ever entered the 1 train station at
5 86th Street before?
6 A. Yes.
7 Q. Are there entrances for the 1 on both sides of
8 Broadway?
9 A. Yes.
10 Q. If you enter on one side of Broadway, can you
11 access both the uptown and downtown tracks?
12 A. No.
13 Q. To go uptown, you have to be on the right side
14 heading up on Broadway, correct?
15 A. To go uptown, I know you have to be on like
16 the other side of the street.
17 Q. If you're on one side of Broadway, it's either
18 the downtown side, on the opposite side, the uptown
19 side?
20 A. Yes.
21 Q. When you first reached Broadway, were you on
22 the downtown side or the uptown side?
23 A. The uptown side, I believe.
24 Q. Did you have to cross over Broadway; if you
25 remember?
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2 A. No, I didn't have to cross over Broadway, no.
3 MR. BILLIG: Off the record.
4 (Whereupon, a discussion was held off the
5 record.)
6 Q. Did your accident occur while entering the
7 station itself, going down the steps from the sidewalk
8 into the station?
9 A. The accident -- can you repeat that.
10 Q. Did your accident occur entering the train
11 station from the sidewalk to the first level down?
12 A. No, it occurred on the steps.
13 Q. Was it from street level to the first level
14 down into the station, is that the steps you're
15 referring to?
16 A. Yes.
17 Q. From the first level down, to get to the
18 platform, there would be another set of steps, correct,
19 after you went through the fare meter?
20 A. No, it's just one -- one step, one -- one
21 level, like one.
22 Q. From the street level, it's one staircase down
23 and then, you're at the platform?
24 A. Yes.
25 Q. As a passenger, a paying passenger one level
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2 down, it's the tollbooth or the fare machine, you get
3 through and then, you're right on the platform, correct?
4 A. Yes.
5 Q. The flight of steps to get into the train
6 station, was it located on one of the four corners of
7 the intersection?
8 A. What do you -- what do you -- can you repeat
9 that.
10 Q. Do you understand what a corner is, 86th and
11 Broadway?
12 A. Yes.
13 Q. At that intersection, there are four different
14 corners, correct?
15 A. Yes.
16 Q. Is there some staircase to get to the station,
17 either uptown or downtown, on all four corners?
18 A. Yes.
19 Q. Do you have any idea which of the four corners
20 you were on?
21 A. No.
22 Q. About how many steps are in that staircase?
23 A. It could be approximately between twelve and
24 fifteen.
25 Q. Does the staircase have a handrail?
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2 A. Yes.
3 Q. One handrail or on both sides?
4 A. On both sides.
5 Q. That day, before you started going down the
6 steps, did you notice if the steps themselves had been
7 attempted or cleared of snow at all?
8 A. It was not, it was not cleared of snow.
9 Q. From what you could tell, was there any
10 attempt to clear?
11 A. No.
12 Q. Could you even see the actual steps or they
13 were covered with snow?
14 A. The first few steps were covered, covered with
15 snow.
16 Q. Are the first few steps down exposed to open
17 air?
18 A. Yes.
19 Q. As you get further down, it's uncovered?
20 A. Yes.
21 Q. When you started to go down, were you using
22 the handrail?
23 A. Yes.
24 Q. Do you remember, were you holding on with your
25 left or your right hand?
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2 A. I was holding on with my right hand.
3 Q. About how many steps did you take down before
4 the accident occurred?
5 A. The most, one or two.
6 Q. While you were, I guess, walking on the snow,
7 what happened?
8 A. When I -- when I entered into the -- to go
9 down the steps, I was holding on and I took about one or
10 two steps, I slipped back and I slid down a few steps.
11 Q. When you slipped, do you remember if you were
12 stepping with your right foot or with your left foot?
13 A. I don't remember which foot I was stepping
14 with.
15 Q. Is this what happened, basically, you stepped
16 down, the foot that planted slipped, you fell backwards,
17 went down a couple of steps; is that what happened?
18 A. Yes.
19 Q. Did you make it all the way to the bottom?
20 A. No.
21 Q. Did your head hit anything at all?
22 A. Yes.
23 Q. What did your head hit?
24 A. It hit the back of the step, which it -- I
25 don't know if it was ice or the metal of the step.
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2 Q. Were you carrying anything at the time?
3 A. No.
4 Q. Did anyone see this happen to you?
5 A. Yes.
6 Q. Patrons, riders?
7 A. Riders, yes, riders.
8 Q. Did any of them help you?
9 A. Yes, a gentleman.
10 Q. Were you able to get up off the step?
11 A. He helped me get up off the steps.
12 Q. Did you proceed down into the station?
13 A. Yes.
14 Q. Is there a ticket booth at that station?
15 A. Yes.
16 Q. Was it manned that day?
17 A. Yes.
18 Q. Did you report the accident right then and
19 there?
20 A. Yes.
21 Q. You advised them you work for the Transit
22 Authority, right?
23 A. Yes.
24 Q. Was some type of Transit Authority supervisor
25 called to the scene?
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1 G. KIRKLAND
2 A. Yes.
3 Q. Do you remember that person's name?
4 A. No, I do not. It was the station agent's
5 supervisor, a female.
6 Q. Did she prepare like an accident report?
7 A. No, they called another supervisor and he
8 came.
9 Q. Did anyone at the station, employee-wise,
10 mention about why the stairs might not have been
11 cleared?
12 A. The station agent.
13 Q. Do you remember his or her name?
14 A. No.
15 Q. What did he or she say?
16 A. He just said that I've been calling all day
17 about -- all morning about this. Several people advised
18 me that they fell too and he knew somebody was bound to
19 get hurt.
20 Q. Did they ask if you needed medical assistance?
21 A. Yes.
22 Q. At that point, what was bothering you?
23 A. When I fell, my buttocks, back and also, my
24 leg -- my legs.
25 Q. Did they ask if you wanted to be taken to a
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1 G. KIRKLAND
2 hospital?
3 A. He just only asked if I needed medical
4 attention.
5 Q. What did you say?
6 A. I said, yes.
7 Q. Was an ambulance called for you?
8 A. Yes, yes.
9 Q. Were you taken to the hospital?
10 A. Yes.
11 Q. Which hospital?
12 A. Mount Sinai.
13 Q. Do you know which one?
14 A. I did not know there was more than one.
15 Q. 59th Street, 114th and Amsterdam or did they
16 take you all the way to the east side of Manhattan?
17 A. It might be 59th Street. I didn't know that
18 there was more than one.
19 Q. Did they refer to it Roosevelt, St. Luke's,
20 Roosevelt or St. Luke's because there's --
21 A. No, they didn't refer to it as anything.
22 Q. They took you to Mount Sinai's emergency room,
23 correct?
24 A. Yes.
25 Q. The day of the accident, were any photograph
Preview
FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 1 GLORIA KIRKLAND 2017PI012840 015-220 ------------------------------------------X In the Matter of the Claim of: GLORIA KIRKLAND, Claimant, -against- METROPOLITAN TRANSPORTATION AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY, CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Respondents. ------------------------------------------X Bee Reporting Depo Suites 89-00 Sutphin Boulevard Jamaica, New York January 11, 2018 3:31 P.M. 50(h) HEARING of GLORIA KIRKLAND, the Claimant herein, taken by the attorneys for the Respondents, pursuant to Section 50(h) of the General Municipal Law, and held before Yesika Mendez, a Notary Public of the State of New York at the above-stated time and place. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 2 1 2 A P P E A R A N C E S : 3 4 SALENGER SACK KIMMEL & BAVARO, LLP Attorney for Claimant 5 180 Froehlich Farm Boulevard Woodbury, New York 11797 6 BY: JOSEPH P. DONNELLY, ESQ. 7 8 PARK & NGUYEN, ESQS. 9 Attorneys for Respondents 1809 Paulding Avenue - 2nd floor 10 Bronx, New York 10462 11 BY: DARIN BILLIG, ESQ. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 3 1 2 G L O R I A K I R K L A N D, 3 THE WITNESS HEREIN, having been first duly 4 sworn by Yesika Mendez, a Notary Public within 5 and for the State of New York, was examined and 6 testified as follow: 7 DIRECT EXAMINATION BY DARIN BILLIG, ESQ.: 8 Q Please state your name for the record. 9 A Gloria Kirkland. 10 Q. Please state your address for the record. 11 A. 315 Louis Avenue, Floral Park, New York 11001. 12 Q. Good afternoon, Ms. Kirkland. 13 A. Good afternoon. 14 Q. My name is Darin Billig. I am an attorney 15 retained by the City of New York to take your hearing 16 testimony today. 17 Have you ever testified before in your life? 18 A. Yes. 19 Q. Was it in connection to this accident or for 20 something else? 21 A. For this accident. 22 Q. Were you questioned about this accident by the 23 MTA, the Transit Authority? 24 A. Yes. 25 Q. In downtown Brooklyn? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 4 1 G. KIRKLAND 2 A. Yes. 3 Q. How long ago was that, approximately? 4 A. I believe it was, approximately, six, seven 5 months ago. 6 Q. Were you ever provided with the written 7 transcript of that hearing? 8 A. Yes. 9 Q. In preparing yourself for today, did you 10 review that transcript? 11 A. Yes. 12 Q. Like over the last week or two, have you 13 reviewed it? 14 A. I have reviewed it, yes. 15 Q. Other than that prior time, ever testify at 16 any other occasion in your life? 17 A. No. 18 Q. That hearing before Transit was taped, 19 correct, audio taped? 20 A. That is correct. 21 Q. It is a little different today because we have 22 a court reporter but similar. In responding to my 23 questions, you have to give a verbal response so if you 24 nod your head, remember to say yes or no, okay? 25 A. Okay, yes. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 5 1 G. KIRKLAND 2 Q. Also, be patient. Only one of us can speak at 3 a time because she can only record one of us at a time; 4 is that fair? 5 A. Yes. 6 Q. Most importantly, if you do not understand a 7 question or you're confused in any way, please, let me 8 know; is that fair? 9 A. Yes. 10 Q. Are you taking any medications today for any 11 reason? 12 A. Only prenatal vitamins. 13 Q. For the record, you are pregnant today? 14 A. Yes. 15 Q. How far along are you? 16 A. About eight and a half months. 17 Q. Overall, to this date, has it been a healthy 18 pregnancy? 19 A. Yes. 20 Q. No complications to date? 21 A. No. 22 Q. What is your date of birth? 23 A. Xx/xx/1984. 24 Q. What is your Social Security number? 25 A. Xxx-xx- . 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 6 1 G. KIRKLAND 2 MR. DONNELLY: I just ask that the last 3 four appear on the record, thank you. 4 Q. Are you married? 5 A. No. 6 Q. Do you have any children? 7 A. No, other than what I'm carrying. 8 Q. This will be your first child? 9 A. Yes. 10 Q. Who do you live with at 315 Louis Avenue? 11 A. Family members. 12 Q. Who do you live with? 13 A. I'm sorry. 14 Q. That is okay. 15 A. It would be my cousin and aunt. 16 Q. Can I have their names? 17 A. Sure, Wesley Faucher, F-A-U-C-H-E-R, also, 18 Denise Faucher, that would be my child's father's 19 mother. 20 Q. Do you live with the father of your child or 21 expected child? 22 A. Yes. 23 Q. What is his name? 24 A. Wendell Faucher. 25 Q. How long have you lived at your current 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 7 1 G. KIRKLAND 2 address? 3 A. This would be about three months now. 4 Q. Where did you live prior to that? 5 A. 93 South 36th Street, Wheatley Heights, New 6 York. 7 Q. How long did you live there? 8 A. For ten years, ten plus years. 9 Q. How tall are you? 10 A. 5'6. 11 Q. What was your average pre-pregnancy weight? 12 A. One seventy-five. 13 Q. Was that what you weighed at the time of the 14 accident, give or take a few pounds? 15 A. Give or take. 16 Q. Are you currently employed? 17 A. Yes. 18 Q. Are you still working? 19 A. No. 20 Q. Who is your employer? 21 A. New York City Transit. 22 Q. When is the last time you worked? 23 A. I don't have the exact date but it was in 24 August of 2017. 25 Q. In what capacity were you employed by New York 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 8 1 G. KIRKLAND 2 City Transit Authority? 3 A. Full-time employee. 4 Q. Doing what, what was your job title? 5 A. A conductor. 6 Q. Generally, what does a conductor do? 7 A. The conductor opens and closes the doors. 8 Q. On the subway, correct? 9 A. On the subway, make train announcements for 10 connections for other trains, announcing any police 11 information, such as, if you see something, say 12 something, also assisting customers with answering their 13 questions, if they need to get to a destination. 14 Q. Generally, the conductor is the one in the 15 middle of the train who opens and closes the doors? 16 A. Yes. 17 Q. The operator is a different title, correct? 18 A. That is correct, yes. 19 Q. How long have you worked for the Transit 20 Authority? 21 A. October of -- 22 Q. Do you know your start date? 23 A. Yes, my start date is October of 2016. 24 Q. What is your salary? 25 A. Hourly, it's twenty-one dollars and some 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 9 1 G. KIRKLAND 2 cents, I don't have the cents exactly. 3 Q. After the accident, were you out of work for a 4 period of time? 5 A. Yes. 6 Q. From the date of the accident, for how long 7 were you out of work? 8 A. Three months -- I do apologize, it's for, 9 approximately, four months. 10 Q. Were you injured while working? 11 A. I was injured on my way to work. 12 Q. As they say, you were not on the clock at the 13 time? 14 A. Correct, yes. 15 Q. As a conductor for New York City Transit, if 16 you get injured on the job, are you eligible for 17 Workers' Compensation or do they treat it as line of 18 duty? 19 A. I am not too sure of the stipulations of how 20 they would treat it. 21 Q. In this instance, did they treat it as either 22 or did they say, since it happened on the way to work, 23 you are not covered by them; to your knowledge? 24 A. Can you repeat that. 25 Q. Did you put in a claim for something either 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 10 1 G. KIRKLAND 2 like Workers' Compensation or line of duty benefits? 3 A. Yes. 4 Q. In response to that request, what was their 5 reply? 6 A. Right now, it's still pending. There was 7 hearings for it but it was submitted as Workers' 8 Compensation. 9 Q. Do you have a separate comp attorney? 10 A. Yes. 11 Q. Do you know the name of that attorney? 12 A. In my phone. 13 Q. You don't know it, as you sit here today? 14 A. No. 15 Q. You said there were hearings before the comp 16 board, you mentioned there was a hearing? 17 A. Yes, thy had -- there is a -- a hearing 18 pending that it goes to the Board for them to -- 19 Q. Have you had to appear for any hearings yet? 20 A. Yes. 21 Q. Did you testify at the hearings? 22 A. Yes. 23 Q. You were asked questions by a Workers' 24 Compensation judge? 25 A. Yes. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 11 1 G. KIRKLAND 2 Q. Is one of the issues, whether you were working 3 at the time, is that one of the issues in that 4 proceeding? 5 A. Yes. 6 Q. Let's start off with the initial four months 7 that you missed from work, were you paid during that 8 time period? 9 A. No. 10 Q. You weren't paid at all, correct? 11 A. No. 12 Q. At the time, you were working roughly how many 13 hours a week? 14 A. Approximately, forty-five to fifty hours a 15 week. 16 Q. Do you get overtime? 17 A. Depending on the -- depending on the job. 18 Q. In approximately June, you returned to work? 19 A. Yes. 20 Q. Then, you went out of work two months later? 21 A. Yes. 22 Q. What was the reason you went out of work in 23 August? 24 A. Recurring headaches. 25 Q. Is that an injury you relate to the fall? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 12 1 G. KIRKLAND 2 A. Yes. 3 Q. Since August to present, have you been paid at 4 all? 5 A. No. 6 Q. Receive any Disability benefits? 7 A. No. 8 Q. What is Transit's policy with respect to 9 maternity leave? 10 A. Ten days. 11 Q. Paid, ten day maternity leave? 12 A. Ten days, running pay. 13 Q. Through your employment, do you have health 14 insurance benefits? 15 A. Yes. 16 Q. Who is your health insurance provider? 17 A. Aetna. 18 Q. Do you receive either Medicare or Medicaid 19 benefits? 20 A. No. 21 Q. The medical treatment for the injuries in this 22 accident, have you had to pay for any medical expenses 23 out of your own pocket, for example, copays, 24 deductibles, co-insurance? 25 A. Yes. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 13 1 G. KIRKLAND 2 Q. Can you give me a fair estimate, about how 3 much out of pocket? 4 A. About four to five hundred dollars out of 5 pocket. 6 Q. Would that be combined co-pays? 7 A. Yes. 8 Q. What is your highest level of education? 9 A. Associates degree. 10 Q. From what institution? 11 A. Suffolk Community College. 12 Q. Do you wear corrective lenses? 13 A. Yes. 14 Q. Are they for distances? 15 A. Yes. 16 Q. You generally wear them all the time? 17 A. Yes. 18 Q. You need them for work? 19 A. Yes. 20 Q. Do you drive a car? 21 A. Yes. 22 Q. When you drive, you wear your glasses? 23 A. Yes. 24 Q. Were you wearing your glasses at the time you 25 got hurt? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 14 1 G. KIRKLAND 2 A. Yes. 3 Q. Have you ever been convicted of a crime? 4 A. No. 5 Q. Other than the claim today, have you ever 6 filed another claim against the City of New York? 7 A. No. 8 Q. Have you ever filed a claim against the State 9 of New York? 10 A. No. 11 Q. What date did you get hurt? 12 A. February 10th, 2017. 13 Q. Do you happen to remember what day of the week 14 that was? 15 A. No. 16 Q. Weekend or weekday? 17 A. Weekday. 18 Q. About what time of day did the accident occur? 19 A. This was around between 8:00 and 8:30. 20 Q. In the morning? 21 A. Yes, in the morning, yes. 22 Q. You mentioned you were on your way to work, 23 correct? 24 A. Yes. 25 Q. Were you commuting from your address in 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 15 1 G. KIRKLAND 2 Wheatley Heights? 3 A. Yes. 4 Q. That morning, where you were supposed to 5 report to work? 6 A. I was supposed to report to 145th train 7 station, in Manhattan. 8 Q. Were you scheduled to be working on a train 9 that day -- 10 A. Yes. 11 Q. -- as a conductor? 12 A. Yes. 13 Q. What time was your shift supposed to start? 14 A. It was around 9:20, 9:30 A.M. to report. 15 Q. Had you worked that day before? 16 A. Had I worked that day? 17 Q. The day before, February 9th. 18 A. I can't remember, I'd have to look at my 19 schedule. 20 MR. BILLIG: Off the record. 21 (At this time there was a pause in the 22 proceeding.) 23 Q. The day before, had it snowed? 24 A. Yes. 25 Q. Do you know how much snowfall on February 9th? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 16 1 G. KIRKLAND 2 A. That, I do not know. 3 Q. Light snow, heavy snowstorm? 4 A. I can't -- I cannot remember, I know it 5 snowed. 6 MR. DONNELLY: Off the record. 7 (Whereupon, a discussion was held off the 8 record.) 9 Q. The night before the accident, do you know 10 approximately what time you went to sleep? 11 A. No, I do not know. 12 Q. Was it still snowing at the time you went to 13 bed that night, on the 9th? 14 A. I do not remember that at all. 15 Q. What time did you wake up on February 10th, 16 approximately? 17 A. Approximately, 5:00 A.M., 5:30 A.M. 18 Q. Was it snowing when you woke up in the 19 morning? 20 A. No. 21 Q. How were you planning on commuting in to get 22 to 145th Street? 23 A. My plan was to take the Long Island Railroad 24 to Penn Station and depending on if there is any delays, 25 if there are no delays, it would be the A train to 145th 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 17 1 G. KIRKLAND 2 or the C train to 145th. 3 Q. Did you take the Long Island Railroad into 4 Penn that morning? 5 A. Yes. 6 Q. Approximately, what time did you arrive? 7 A. I don't remember the approximate, I'm trying 8 to -- oh, gosh -- it could be anywhere after 7:20 A.M. 9 Q. Do you remember what you were wearing that 10 morning? 11 A. My Transit uniform. 12 Q. What does that consist of? 13 A. That consists of the work boots, Transit 14 pants, Transit shirt. 15 Q. Winter coat? 16 A. Yes, Transit coat, a Transit sweater and 17 socks. 18 Q. You get to Penn Station, at that point, what 19 do you decide to do to try to get up to 145th Street? 20 A. I try to take the A train to get to 145th. 21 Q. Do you get on the A at 34th and Eighth Avenue? 22 A. I did not get on the A because there were 23 train delays. 24 Q. What did you then decide to do? 25 A. I tried to -- I went up -- I went to check on 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 18 1 G. KIRKLAND 2 the C to take the C up and there was -- they said -- 3 they announced there were some signal issues or train 4 delays. At that point, I had to use an alternative 5 route to get uptown. 6 Q. What route were you going to decide to take? 7 A. I found that there was a bus that could bring 8 me as close to a connecting train, another connecting 9 train, uptown and I took the bus. I don't remember the 10 exact bus number. 11 Q. Was that a bus you picked up by Penn? 12 A. Yes. 13 Q. On Eighth Avenue? 14 A. I believe either Eighth Avenue or -- there's 15 Eighth Avenue, Seventh Avenue, Broadway -- I know I had 16 to walk like a block or two to get to the bus stop. 17 Q. You board the bus at approximately 34th 18 Street? 19 A. Yes. 20 Q. Was the plan to take the bus to some subway 21 connection? 22 A. Yes. 23 Q. Where was the subway connection? 24 A. I was able to take it as farthest from -- as 25 close to 145th as possible. The closest that I was able 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 19 1 G. KIRKLAND 2 to get to was 85th Street or 84th Street, around there. 3 Q. Is that where you were planning on taking the 4 bus to? 5 A. It was depending on the traffic at that point 6 and the timeframe of me getting to work, what would work 7 best. 8 Q. You get off the bus at around 85th Street, 9 correct? 10 A. Correct. 11 Q. 85th and do you know what avenue? 12 A. I just know it was -- I believe it probably 13 was West End and there's also Riverside Avenue, it was 14 either one of those streets. 15 Q. When you got off the bus from there, what were 16 you planning to do to get to 145th Street? 17 A. Just take the 1 train to 145th and walk 18 whatever distance to work. 19 Q. From that point, did you start walking to the 20 1 train subway station? 21 A. Yes. 22 Q. Where is that located? 23 A. That's on 86th Street and Broadway. 24 Q. Did you walk along 85th to get to the station, 25 along 86th or some other street? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 20 1 G. KIRKLAND 2 A. It was either 85th or 86th, I can't recall 3 right at this moment. 4 Q. Have you ever entered the 1 train station at 5 86th Street before? 6 A. Yes. 7 Q. Are there entrances for the 1 on both sides of 8 Broadway? 9 A. Yes. 10 Q. If you enter on one side of Broadway, can you 11 access both the uptown and downtown tracks? 12 A. No. 13 Q. To go uptown, you have to be on the right side 14 heading up on Broadway, correct? 15 A. To go uptown, I know you have to be on like 16 the other side of the street. 17 Q. If you're on one side of Broadway, it's either 18 the downtown side, on the opposite side, the uptown 19 side? 20 A. Yes. 21 Q. When you first reached Broadway, were you on 22 the downtown side or the uptown side? 23 A. The uptown side, I believe. 24 Q. Did you have to cross over Broadway; if you 25 remember? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 21 1 G. KIRKLAND 2 A. No, I didn't have to cross over Broadway, no. 3 MR. BILLIG: Off the record. 4 (Whereupon, a discussion was held off the 5 record.) 6 Q. Did your accident occur while entering the 7 station itself, going down the steps from the sidewalk 8 into the station? 9 A. The accident -- can you repeat that. 10 Q. Did your accident occur entering the train 11 station from the sidewalk to the first level down? 12 A. No, it occurred on the steps. 13 Q. Was it from street level to the first level 14 down into the station, is that the steps you're 15 referring to? 16 A. Yes. 17 Q. From the first level down, to get to the 18 platform, there would be another set of steps, correct, 19 after you went through the fare meter? 20 A. No, it's just one -- one step, one -- one 21 level, like one. 22 Q. From the street level, it's one staircase down 23 and then, you're at the platform? 24 A. Yes. 25 Q. As a passenger, a paying passenger one level 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 22 1 G. KIRKLAND 2 down, it's the tollbooth or the fare machine, you get 3 through and then, you're right on the platform, correct? 4 A. Yes. 5 Q. The flight of steps to get into the train 6 station, was it located on one of the four corners of 7 the intersection? 8 A. What do you -- what do you -- can you repeat 9 that. 10 Q. Do you understand what a corner is, 86th and 11 Broadway? 12 A. Yes. 13 Q. At that intersection, there are four different 14 corners, correct? 15 A. Yes. 16 Q. Is there some staircase to get to the station, 17 either uptown or downtown, on all four corners? 18 A. Yes. 19 Q. Do you have any idea which of the four corners 20 you were on? 21 A. No. 22 Q. About how many steps are in that staircase? 23 A. It could be approximately between twelve and 24 fifteen. 25 Q. Does the staircase have a handrail? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 23 1 G. KIRKLAND 2 A. Yes. 3 Q. One handrail or on both sides? 4 A. On both sides. 5 Q. That day, before you started going down the 6 steps, did you notice if the steps themselves had been 7 attempted or cleared of snow at all? 8 A. It was not, it was not cleared of snow. 9 Q. From what you could tell, was there any 10 attempt to clear? 11 A. No. 12 Q. Could you even see the actual steps or they 13 were covered with snow? 14 A. The first few steps were covered, covered with 15 snow. 16 Q. Are the first few steps down exposed to open 17 air? 18 A. Yes. 19 Q. As you get further down, it's uncovered? 20 A. Yes. 21 Q. When you started to go down, were you using 22 the handrail? 23 A. Yes. 24 Q. Do you remember, were you holding on with your 25 left or your right hand? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 24 1 G. KIRKLAND 2 A. I was holding on with my right hand. 3 Q. About how many steps did you take down before 4 the accident occurred? 5 A. The most, one or two. 6 Q. While you were, I guess, walking on the snow, 7 what happened? 8 A. When I -- when I entered into the -- to go 9 down the steps, I was holding on and I took about one or 10 two steps, I slipped back and I slid down a few steps. 11 Q. When you slipped, do you remember if you were 12 stepping with your right foot or with your left foot? 13 A. I don't remember which foot I was stepping 14 with. 15 Q. Is this what happened, basically, you stepped 16 down, the foot that planted slipped, you fell backwards, 17 went down a couple of steps; is that what happened? 18 A. Yes. 19 Q. Did you make it all the way to the bottom? 20 A. No. 21 Q. Did your head hit anything at all? 22 A. Yes. 23 Q. What did your head hit? 24 A. It hit the back of the step, which it -- I 25 don't know if it was ice or the metal of the step. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 25 1 G. KIRKLAND 2 Q. Were you carrying anything at the time? 3 A. No. 4 Q. Did anyone see this happen to you? 5 A. Yes. 6 Q. Patrons, riders? 7 A. Riders, yes, riders. 8 Q. Did any of them help you? 9 A. Yes, a gentleman. 10 Q. Were you able to get up off the step? 11 A. He helped me get up off the steps. 12 Q. Did you proceed down into the station? 13 A. Yes. 14 Q. Is there a ticket booth at that station? 15 A. Yes. 16 Q. Was it manned that day? 17 A. Yes. 18 Q. Did you report the accident right then and 19 there? 20 A. Yes. 21 Q. You advised them you work for the Transit 22 Authority, right? 23 A. Yes. 24 Q. Was some type of Transit Authority supervisor 25 called to the scene? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 26 1 G. KIRKLAND 2 A. Yes. 3 Q. Do you remember that person's name? 4 A. No, I do not. It was the station agent's 5 supervisor, a female. 6 Q. Did she prepare like an accident report? 7 A. No, they called another supervisor and he 8 came. 9 Q. Did anyone at the station, employee-wise, 10 mention about why the stairs might not have been 11 cleared? 12 A. The station agent. 13 Q. Do you remember his or her name? 14 A. No. 15 Q. What did he or she say? 16 A. He just said that I've been calling all day 17 about -- all morning about this. Several people advised 18 me that they fell too and he knew somebody was bound to 19 get hurt. 20 Q. Did they ask if you needed medical assistance? 21 A. Yes. 22 Q. At that point, what was bothering you? 23 A. When I fell, my buttocks, back and also, my 24 leg -- my legs. 25 Q. Did they ask if you wanted to be taken to a 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 04/04/2019 27 1 G. KIRKLAND 2 hospital? 3 A. He just only asked if I needed medical 4 attention. 5 Q. What did you say? 6 A. I said, yes. 7 Q. Was an ambulance called for you? 8 A. Yes, yes. 9 Q. Were you taken to the hospital? 10 A. Yes. 11 Q. Which hospital? 12 A. Mount Sinai. 13 Q. Do you know which one? 14 A. I did not know there was more than one. 15 Q. 59th Street, 114th and Amsterdam or did they 16 take you all the way to the east side of Manhattan? 17 A. It might be 59th Street. I didn't know that 18 there was more than one. 19 Q. Did they refer to it Roosevelt, St. Luke's, 20 Roosevelt or St. Luke's because there's -- 21 A. No, they didn't refer to it as anything. 22 Q. They took you to Mount Sinai's emergency room, 23 correct? 24 A. Yes. 25 Q. The day of the accident, were any photograph