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ARA JABAGCHOURIAN (SBN 205777)
ara@arajlaw.corn
LAW OFFICES OF ARA JABAGCHOURIAN, P.C.
1650 S. Amphlett Blvd., Suite 216
San Mateo, CA 94402
Tel: (650) 437-6840
Fax: (650) 403-0909
Attorneys for Plainttff'
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
NANETTE L. DUPONT, an individual, CASK NO.: 22CIV01486
Plaintiff, DECLARATION OF ARA
12 JABAGCHOURIAN IN SUPPORT OF
OPPOSITION TO MOTION FOR
13 SUMMARY JUDGMENT
CITY OF SAN MATEO, a municipality
and DOES 1 through 10, inclusive,
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Defendants.
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DECLARATION OF ARA JABAGCHOURIAN IN SUPPORT OF OPPOSITION TO MOTION FOR
I.AWOFFICFS SUMMARY JUDGMENT
OF ARA
)ABAGCIIOURIAN,
I& C
DECLARATION OF ARA JABAGCHOIJRIAN
2 I, Ara Jabagchourian, declare and affirm as follows:
1. I am the attorney for the plaintiff on the above captioned matter and am an
employee of the Law Offices of Ara Jabagchourian, P.C.. I make this declaration of
my own personal knowledge, and if called upon, I would competently testify
accurately thereto.
2. Attached hereto as Exhibit A are true and correct portions of the deposition of
Nanette L. Dupont taken on December I, 2022, including Exhibit 6 to the
deposition.
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3. Attached hereto as Exhibit B are true and correct portions of the deposition of the
Person Most Qualified with the City of San Mateo, Evan Albert, taken February 17,
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2023, including Exhibit 2 to the deposition.
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4. Attached hereto as Exhibit C are true and correct portions of the deposition of
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Jonathan Gonzalez taken February 15, 2023.
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16 I state the foregoing under penalty of perjury under the laws of the State of California and
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attest that the foregoing is true and correct. Signed on May 8, 2024 in San Mateo,
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California.
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20 A JABAGCHOURIAN
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DECLARATION OF ARA JABAGCHOURIAN IN SUPPORT OF OPPOSITION TO MOTION
I.A'iV OFF ICI! 8 FOR SUMMARY JUDGMENT
Ol'lLA
JABAGCHOURIAN,
PC
EXHIBIy ~
NANETTE L. DUPONT JOB NO. 446381
DECEMBER 01, 2022
1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 IN AND FOR THE COUNTY OF SAN MATEO
3 UNLIMITED CIVIL JURISDICTION
--oOo--
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NANETTE L. DUPONT, )
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Plaintiff, )
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vs. ) CASE NO. 22-CIV-01486
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CITY OF SAN MATEO, )
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Defendant. )
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--oOo--
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VIDEOTAPED REMOTE DEPOSITION OF
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NANETTE L. DUPONT
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APPEARING REMOTELY FROM
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SAN MATEO COUNTY, CALIFORNIA
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THURSDAY, DECEMBER 1, 2022
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— -oOo--
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Reported by: JEANETTE L. VISSIERE
19 RPR, CSR License No. 10431
Appearing remotely from El Dorado County, California
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STENO.COM
(310) 573-8380
NANETTE L. DUPONT JOB NO. 448381
DECEMBER 01, 2022
Page 2 PBge 3
1 REMOTE APPEARANCES INDEX
PAGE
3 Por the Plaintiff, MAMRTTE L. DUpoNT;
EXAMINATION BY:
LAW OFFICES OF ARA UABAGCHOURZAN, P.C.
ARA SABAGCHOURIAM, Attorney at Law MR. NCCALLUM.
1650 S. Amphlett Boulevard
Suite 216
San Mateo, California 94402 --ooa""
(650l 437-6S40
araearajlaw.corn
EXHIBITS
9 Por the Defendant. CITY OF SAN MATEO: 10 EXHIBIT DESCRIPTION PAGE
10 NCDOWALL COTTER, APC
Exhibit I Color Digital Photograph 54
w. ETHAN NCCALLUN, Attorney at Law
2070 Pioneer Court 12 Exhibit 2 Color Digital Photograph 55
San Mateo, California 94403 13 Exhibit 3 Color Digital Photograph 68
12 (6501 572-7933 Exhibit 4 Color Digital Phatographs 97
(650) 572"0834 PAX
15 Exhibit 5 Correspondence, dated 8/13/1S 105
13 emccallumemcdlawyers.net
16 Exhibit 6 Email Correspondence 110
15 ALSO PRESENT: DEAYAY TYLER, videographer 17 Exhibit 7 Email Correspondence 118
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PBBB 4 PSge 5
1 QUESTIONS INSTRUCTED To MOT ANSWER 1 REPORTED REMYIELY FROM EL DORADO COUNTY, CALIFORNIA
PAGE LINE 2 'INURSDAY, DECEMBER 1, 2022, 10:03 A.M.
16 25 3 — 000—
17 9 'IIIE VIDEOGRAPHK( Good morning. We are on
35 14 5 the record at 10:03 a.m. Pacific Time on December 1st,
6 2022, to b(M(jn the deposition of Nanette Dupont in the
7 matter of Dupont versus the City of San Nateo. This
8 case is venued in the Superior Court of the State of
9 California, In and For the County of San Mateo,
10 10 Unlimited Civil Jurisdiction. This case number is
11 22-CIV-01486.
12 is taking place via Steno,
12 This deposition
13 13 Steno Connect platform. The legal videographer is
14 Deavay Tyler, here on behalf of Steno, and the court
15 15 reporter is Jeanette Vissiere, also here on behalf of
16
16 Steno.
17 17 Will counsel please identify yourself And
18 18 state whcmyou represent.
19 19 MR. MCCALLUM( Good morning. My name is
20 20 Ethan NCCallum. I'm the attorney for the defendant,
21 21 City of San Mateo.
22 22 MS. JABAGCHOURIANZ Ara Jabagchourian on
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23 behalf of the plaintiff, Nanette Duoont.
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24 THE VID~3 Thank you, counsel.
25 Would the reporter please swear in the
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NANETTE L. DUPONT JOB NO. 446381
DECEMBER 01, 2022
Page 6 Page 7
I w1tness. adszmiticn, and then I just need you to confirm that
~
1
2 MAWEITE L. DUKWT, 2 you understand.
3 called as a witness, who, being by me first
remotely 3 Okay?
4 duly sworn, was thereupon and interrogated as A. Uh-huh.
5 hereinafter set forth. 5 Q.All right. So you just took the oath. Even
6 EXAMIMATIOM 6 though this is not in court, it's a more informal
7 BY MR. McCALUN: 7 setting, please understand that oath has the same
8 Q. Good morning.
My Ethan McCallum.
name is 8 effect as if ycu were testifying in a court of law.
9 I'm the attozney foz City of San Mateo. 9 you understand that?
Do
10 Could you please state and spell your 10 A. I do.
11 naam for the record? 11 Q. Okay. Thmughaut this deposition I'm going
12 M-a-n-e-t-t-e,
A. Manette Louise Dupant. 12 to be asking yau questions, and I sometimes trail off
13 Louise, L-o-u-i-s-e, Dupont, D-u-p-o-n-t, ane wozd. 13 in my line of questioning. I dan't always phrase my
14 Q. Thank you. 14 questions pmperly, so if you don't understand or you
15 And have you ever had your deposition taken? 15 need clarification, just ask me to repeat it or
16 A. I have done it
on behalf of my deceased 16 rephrase it. I'm happy to do that.
17 mother. 17 Okay?
18 Q. Sorry to hear that. 18 A. Okay.
19 A. Thank you. 19 Q. Thank you.
20 Q. Just one time you'e had your deposition 20 And we ask that you don't guess at any of
21 taken'? 21 your answers or speculate. We want you to give your
22 A. That's correct. 22 best recollection. You can also give your hest
23 Q. I'm going to go over scam ground rules— 23 estimate, but please do not guess.
24 they'e called»adxzmitions» — with you just quickly 24 A. Okay.
25 before we get started. I'm going to read you the 25 Q. Okay? Thank you.
Page 8 Page 9
1 This is all put on the record, so when 1 A. I understand.
2 answering my questions, don't ncd your head or give 2 Q. All right. will have an opportunity
And you
3 any gestures. We need verbal responses, »yes» or 3 to read and review your transcript and make any
4 »noes.» changes to your deposition transcript. Hcwever, if
5 Do you understand that? 5 you do make any changes, just know that I can ccenwmt
6 A. I do. 6 on those changes at trial.
7 Q. Okay. 7 Okay?
8 A. It's
going to be hard. I'm a nodder. 8 A. Okay.
9 Q. We all do it, so we'l try to let ycu know if 9 Q. All right. Let's get started.
10 it '
happening. 10 Ws. Dupont, what is your date of birth?
11 A. All right. 11 A. 2/28/60.
there's going to
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~g Q. And
--
be a couple of us
I'l be asking you questions.
attorney may have objections. It's really important
Your
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Q. And where were you born?
A. San Mateo, Califoznia.
You'e been local your whole life?
Q.
15 that we don't speak over each other, so try to let me 15 A. Well, yes. Brief moments of leaving to other
16 finish my question, maybe give a second or two for 16 parts of the warld.
17 your attorney to make an objection, and then go ahead 17 Q. Suze.
18 and zespand. That way the court reporter can get 18 Okay. Have you ever gone by any other names
19 everything down an the recozd, 19 in the past?
20 I understand.
A. 20 A. Mo.
21 Q. All right. And as I menticned, your attorney 21 Q. Do you have any children?
22 may make objections throughout my line of questioning. 22 A. I do.
23 Unless your attorney instructs you not to answer the 23 Q. Okay. Hcw many'?
24 questian, you are still expected to give a response. 24 A. Tml.
25 Okay? 25 Q. And what are their names?
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NANETTE L. DUPONT JOB NO. 446381
DECEMBER 01 2022
I
Page 10 Page 11
A. Roland Calvin Kippenhan, the Fourth, and A. My fend.ly has owned the hams since 1968.
Lauren Noelle Dupont Kippenhan. 2 Q. Okay. How long have you lived there?
3 Q. Aud what are the ages of your children? 3 A. I don't know how to answer this question,
4 A. 25 and 27. 4 because I have lived in London. I have lived in San
5 Q. And are you married? 5 Diego. I'elived in Boston. I keep cerning back.
6 A. I am. 6 Q. Okay.
7 Q. Okay. is your spouse?
And who 7 A. So I'e been here, I guess, for 18 years naw
8 A. Roland Calvin Kippenhan, the Third. 8 again.
9 Q. That name is going to keep going, isn't it? 9 Q. Okay. presently you'e been living at
So
10 A. Long line of unimaginative men, I guess. 10 your house for the past 18 years?
11 Q. All right. And how long have you been 11 A. That's correct.
12 mazzr.ed? 12 Q. Okay. All right. And — okay. And have you
13 A. We'e been together 36 years; so 32 years, I 13 ever served in the military?
14 think. I should know that. 14 A. No.
15 Q. And your children are with your husband? 15 Q. What is your career?
16 A. That's correct. 16 A. I'm an office manager at San Francisco State
17 Q. Okay. And do either of your children live at 17 University for a medical program.
18 hare? 18 long have you been doing that?
Q. Ana how
19 A. No. 19 Eight years.
A.
20 Q. Okay. And your husband lives with you at 20 Q. Eight years.
21 your home? 21 What were you doing before that?
22 A. He does. 22 A. I was an office manager foz a tech start-up.
Q. Okay. What. is your current address? 23 Q. Whet is your educational background? Do you
24 A. 734 26th Avenue in San Mateo. 24 have a college degree?
25 Q. How long have you lived there? 25 A. I do.
Page 12 Page 13
1 Q. From where? 1 A. That's correct.
2 A. San Diego State. 2 Q. Okay. are your typical job duties?
What
3 Q. Okay. What's your degree? 3 A. You know, we do the finance, the 9 card. We
4 A. It's a marketing degree. 4 enroll students, onboard students, get them going out
5 Q. When did you get your marketing degree? 5 to their clinicals. A lot of admin work, make a lot
6 A. 1989. 6 of rosters, a ton of rosters. We camply with the
7 Q. Did you get any postgraduate degrees? 7 State of California requirements for our program, and
8 A. No. 8 NAACLS, which is a national organization. We also
9 Q. And what about high school, where did you go 9 have to operate under their requirements to get our
10 to high school? 10 accreditation. So it's a variety every day.
11 A. Hillsdale High School in San Mateo, 11 Q. Sure.
12 California. 12 is the p card? I think you
And what
13 Q. And when did you graduate frcm there? 13 mentioned thar.
14 '77.
A. 14 A. Sorry. It's a procurement card. It's the
15 Q. All right. And we are here because you had 15 same as our department credit card. I'm sorzy.
16 an accident outside your house; correct'? 16 Q. Thank you.
17 A. That's correct. 17 All right. And are you a member of a union?
18 Q. Okay. What was the date of that accident? 18 A. I am.
19 A. May 26th, 2021. 19 Q. Which union?
20 Q. And what time of day? 20 A. I think it's CSECV. It's the union for CSV
21 A. Approximately 10:30. 21 employees that fall under admin-type categories for
22 Q. Okay. I to go back to your
do want 22 the whole CSU for California.
23 emoloyment for a bit. You said you'e been rhere 23 Q. Does your job require you to do any heavy
24 about eight years, and you'e an office manager; is 24 lifting or pushing or pulling?
25 that correct? 25 A. I usually find same strapping young student
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NANETTE L. DUPONT JOB NO. 446381
DECEMBER 01, 2022
Page 18 Page 19
about Medicare or Medi-Cal, were you receiving -- were treatment for your injuries?
you under their insurance policies? A. Yes.
3 A. No. Q. Okay. And were you -- did you have your own
4 Q. All right. Okay. And you suffered injuries health insurance at the time?
5 as a result of the accident outside your house? 5 A. Yes.
6 A. Absolutely. 6 Q. And who was your health insurance with?
7 Q. Okay. Can you give me a list from your head 7 A. Anthem Blue Cross for CalPERS.
8 to your toe 8 Q. When did you first seek treatment?
9 MS. JABAGCHOURIAN: Objection. Calls for-- 9 A. I went up to Palo Alto Medical Poundation,
10 Q. BY MR. McCALLUM: -- suffered injury. 10 because I was able to get an appointment with a
11 MS. JABAGCHOURLAW: Objection. Calls for the 11 physician on-site that day, and he recommended that I
12 contention interrcgatories. It's already been set out. 12 go see an orthopedist. So I got an appointment there,
13 in interrogatories. 13 and they -- he took an x-ray that day to make sure
14 Go ahead. 14 that my ankle was not broken.
15 I injured my shoulder, and I
THE WITNESS: 15 But when I went to the orthopedist, then I
16 injured my ankle, and I think that I landed on my 16 got a number of different scans, an MRI, fram head to
17 wrist, and I now am dealing with a tendon injury in my 17 toe to check everything out.
18 wrist as well. 18 Q. At Palo Alto Medical Foundation, was that
19 Q. BY MR. McCALLUM: Any other areas of your 19 your primary care physician?
20 body that you think you were injured? 20 A. It is.
21 A. I was pretty battered and bruised up. You 21 Q. Okay. What.'s — what's their name?
22 know, of course, I'm focusing on the areas that I had 22 primary care is Heidi
A. So my
23 to have surgery on and that kept me fram functioning 23 Stroessner-Johnson, but that is not who I was able to
24 in my nozmal daily life. 24 see that day.
25 Q. All right. So -- okay. And did you seek 25 Q. Okay. Who did you see that day?
Page 20 Page 21
1 A. I don't recall his name. I would have to 1 there's just -- like hiking or walking, swimming, you
2 check the records. 2 know, any foma of exercise, I have good days, and I
3 Q. Okay. long has Dr. Heidi Johnson been
How 3 have bad days, and most of them have been more bad
4 your primary care physician? 4 than good.
5 A. Since we moved back here, 18-ish years ago. 5 Q. Do you have a scar?
6 Q. And do you still have comolaints of injury iin 6 A. I do.
7 your -- in the areas you described to me? 7 Q. Okay. Where is the scar on your leg?
8 A. I do. 8 A. Right on my ankle hone. I think
about it's
9 Q. Okay. Let's start with your leg. Do you 9 2 inches in length.
10 know what type of injury you suffered o your leg? 10 Q. Since the accident and you started treating,
11 A. So I had tozn tendons, and the hone 11 have these issues or ccmplaints gotten better or worse
12 separated, so he actually drilled holes in the hone 12 or about the same?
13 and then wove the tendon through it, like a shoelace. 13 A. Well, I went fram zero weight-bearing to naw
14 So I -- my primazy fozm of exercise was 14 being able to walk with a slight limp, so I'd say
15 swizeaing. I can't swim anymore, because I can't flex 15 things have improved.
16 my foot that way. 16 Q. Let's say in the last six senths, have they
17 Q. Okay. All right. And for h's leg injury, 17 improved since then?
18 what are the camplaints that. you still lave about it? 18 A. They'e been pretty stable. I feel like I'm
19 You can't — I know you just said you can't flex it a 19 not going to be able to improve much more.
20 certain directicn. Any other— 20 Q. Okay.
21 A. I mean, I used to hike a lot, and I used to 21 (Reporter clarification.)
22 go walking. I usmi to walk my dog every day. So I 22 THE WITNESS: I'e had a lot of balance
23 still have alittle bit of a limp. Excuse me. It' 23 issues as well, so I feel pretty unstable. I think
24 vezy stiff. It still is swollen at the site where he 24 part of it was due to the muscle just -- what do you
25 cut it open. I'e had problems wearing shoes. So 25 call that?
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NANETTE L. DUPONT JOB NO. 446381
DECEMBER 01, 2022
I Page 22 Page 23
1 (Reporter clarification.) sliding the bed over to the cammode and not doing
on
2 I think the muscle atrophied,
THE WITNESS: anything else for that time period, for the three to
3 so now I'm just a little
off balance. I have one four weeks. And then we slowly were trying to build
4 strongez leg than the other. up same strength.
5 Q. BY MR. McCkttt)M: How long after the accident I couldn't do PT until February of 2022 for
6 did these complaints in your leg start, you know, the ankle, because I had to -- there was a chance of
7 where you could weight-bear and walk? When did that breaking the tendons that he had laced into the hone.
8 start to occur; how many IIhhnths? Everything sort of needed to settle, and the swelling
9 A. So they had to take care of my shoulder first needed to go down. So it was a vezy long period of
10 in order for me to have surgery on my ankle. And they 10 time. I was under a doctor's care for a full year.
11 put me in a boot. They sort of propped me up and ll Q. How long after the accident did you get this
12 bandaged me and then put me in a boot so that I could 12 crutch and a leg brace?
13 do a little bit of weight-bearing. I had a crutch. I 13 A. So that day I got a boot on it, but I--
14 had a walker. I had a scooter in the house to get 14 really, I cauld not put any weight on it at all.
15 around from raaa to room. 15 Q. Did you also get -- go ahead.
16 So we did the shoulder surgery first on 16 A. We just -- we had a sccoter at hams, and so I
17 August 4th, and there was a long recovery and same PT 17 just would put my knee up on the scooter and get
18 time so that I could build the muscle up so I could 18 araund the house that way.
19 support Iayself on the walker and the czutch. 19 ~ But I wasn't able to drive, so I couldn' go
20 And then when I had the ankle surgery, which 20 to work. I was trying to work at hase.
21 was the day before Thanksgiving in 2021 -- I think it 21 Q. Were you given a walker by your medical
22 was the 24th of November -- I was campletely 22 pzovhder?
23 non-weight-bearing for three to four weeks. My 23 A. I was.
24 husband had to help me with all my bodily functions. 24 Q. When dkd you get the walker?
25 I had to use the casmade. I was literally just 25 A. I actually had it beforehand, because I knew
Page 24 Page 25
1 that, you know, I was going to undergo the surgery, so 1 And you were on that crutch until
2 I borrowed it
fram my PT person when I was doing the 2 approximately November 2021, when you had the surgery?
3 shoulder exercises, but... 3 A. Yeah. I mean, I was really utilizing the
4 Q. Okay. that was after the -- that was
So 4 scooter a lot more than the czutch, because I could
5 right before the leg -- the surgery on your ankle? 5 lift my leg up off the floor and kind of push myself
6 A. It probably was -- I mean, I needed the 6 around the house. So that was easier than the crutch,
7 assistance because I couldn't hop around my house. So 7 easier than hopping, got me places faster.
8 I probably got the walker as soon as I started PT foz 8 Q. Okay. And you started using the scooter
9 the shoulder. 9 about the time of your shoulder surgery in August?
10 Q. I see. 10 A. No. Actually, right away because I really
11 You were given a beat just after your 11 couldn't put any weight on my foot.
12 accident; correct? 12 Q. Right away, okay.
13 A. That's correct. 13 And then it was the walker you started using
14 Q. Okay. Were you given any other Iehbility 14 right before--
15 assistance at'hat time? 15 A. Yeah, the walker gave me.
my PT
16 A. The crutch. 16 Q. All right. And what kind of shoulder injury
17 Q. The crutches, okay. Crutches were given the 17 do you believe you sustained?
18 sane day? 18 A. So I had tom two tendons, and he said that I
19 A. Yes. 19 needed rotator cuff surgezy for that. So we'd have to
20 Q. So you were on crutches until-- 20 actually laok at his records, what he found once he
21 A. One crutch. 21 opened me up.
22 Q. One crutch? 22 Q. And you had that surgery in August. 2021?
23 A. One czutch, because I couldn't use the 23 A. Yes. August 4th.
24 shoulder, so... 24 Q. Okay. Other tlan surgery, what kind of
25 Q. Right, right. Okay. 25 treatments were you receiving? Before surgery; excuse
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NANETTE L. DUPONT JOB NO. 446381
DECEMBER 01, 2022
Page 26 Page 27
1 1 pretty close. I can't tell you exact dates. I'd have
2 A. I was on a lot of pain meds, yeah. Just a 2 to look through the documents.
3 lot of pain meds. 3 Q. Would you say it was before your ankle
4 Q. Do you recall
which medicatians? surgery?
5 A. Oxycontin, hydrocotin [sic)[phonetic], same 5 A. Yes.
6 extra strength ibuprofen. I think gabapentin was in 6 Q. And then after your ankle surgery, you were
7 there. Yeah, there was one more bottle, but I'm not 7 pretty much down-and-out for a little while and
8 sure what it was. I'm sorry. 8 recovering?
9 Q. Okay. Other than the medications, did you 9 A. Yeah. I could not do any weight-hearing for
10 have any other treatments for your shoulder before .0 three to four weeks.
11 this surgery? .1 Q. Three to four, okay.
12 A. Not that I recall. .2 And while you were recovering frcm your ankle
13 Q. Okay. about the ankle, before your
What 3 surgery, did you have any other treatments for your
14 surgery and, obviously, your mobility assistance, what shoulder at that -- or your ankle at that time?
15 other treatments were you receiving for that? :5 A. You know, I couldn't drive, so my husband was
16 A. You know, I couldn't do anything with the :6 able to take me to PT. I'm sure that I was, you know,
17 ankle until I had the surgery. :7 getting some PT. But, again, I'd have to look through
18 Q. Got it. Okay. :8 the documents to see what the dates were.
19 of your medications also for your
Were same :9 Q. Okay. And then after your ankle recovery,
20 ankle injury? '0 you said approximately three to four weeks--
21 A. Absolutely, yeah. il A. Well, that's not the recovery. That was the
22 Q. Okay. All right. Okay. And then after your 22 non-weight-bearing phase.
23 shoulder surgery, did you -- did you start physical '3 Q. Excuse me. Yes, thank you.
24 therapy right away on that? :4 the first treatment
And when was after that
25 A. I think it was almost right away. It was 5 non-weight-bearing phase?
Page 28 Page 29
1 A. Sorry. I'd have to leak at the documents. 1 So, yeah, I don't know if I had lost
2 Q. Eo you believe it was that year or into tl.e 2 consciousness. I just have no recollection of that.
3 next year, 2022? 3 Q. Okay. You'e not sure if you were knocked
4 A. I remember that I could not start PT until 4 unconscious?
5 Pebruazy; that it
needed, you know, the time from the 5 A. Yeah, I'm not a hundred percent sure.
6 end of November until Pebruary to heal and settle in. 6 Q. When did you -- what was your first. treatment
7 So I was not able to even think about doing any PT or 7 for the wrist injury?
8 any walking. I had to kind of relearn how to walk 8 A. I mean, it's been pretty recent. It's been
9 through PT, and that was not until February of 2022. 9 bothering me this whole time, but one morning I had
10 Q. Prior to February 2022 and after your ankle 10 slept kind of this way with my hand curled
[indicating), and I couldn't open my hand. So that'
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11 surgery, were you doing any PT for your shoulder? 11
12 A. No. I don't think so. Again, I'd have to 12 pretty recent. I'e been wearing a brace now for five
13 check the documents. 13 or six weeks, and I'm waiting to get into a hand
Q. Understacd. Just need your best 14 specialist, which, of course, I have to wait until
15 recollection. 15 January, so...
16 Okay. And you also mentioned you may have 16 Q. Okay.
17 had a wrist injury? 17 A. I can't direct---
18 A. Right. I have a tendon injury now on my 18 Q. So--
19 wrist. I do not remember hitting the deck when I 19 A. Go ahead. Sorry.
20 fell. I had a bag of groceries, one bag in each hand, 20 Q. No, please,
21 and I went facedown, and I don't have any recollection 21 A. I can't directly attribute it to the
22 of how I landed. But I was not able to get up and 22 accident, but like I said, 1 don't remember how I
23 walk away. I had to crawl to the f ont door until I 23 fell, if I fell on my wrists. I di
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ARA JABAGCHOURIAN (SBN 205777) ara@arajlaw.corn LAW OFFICES OF ARA JABAGCHOURIAN, P.C. 1650 S. Amphlett Blvd., Suite 216 San Mateo, CA 94402 Tel: (650) 437-6840 Fax: (650) 403-0909 Attorneys for Plainttff' SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO NANETTE L. DUPONT, an individual, CASK NO.: 22CIV01486 Plaintiff, DECLARATION OF ARA 12 JABAGCHOURIAN IN SUPPORT OF OPPOSITION TO MOTION FOR 13 SUMMARY JUDGMENT CITY OF SAN MATEO, a municipality and DOES 1 through 10, inclusive, 14 Defendants. 15 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ARA JABAGCHOURIAN IN SUPPORT OF OPPOSITION TO MOTION FOR I.AWOFFICFS SUMMARY JUDGMENT OF ARA )ABAGCIIOURIAN, I& C DECLARATION OF ARA JABAGCHOIJRIAN 2 I, Ara Jabagchourian, declare and affirm as follows: 1. I am the attorney for the plaintiff on the above captioned matter and am an employee of the Law Offices of Ara Jabagchourian, P.C.. I make this declaration of my own personal knowledge, and if called upon, I would competently testify accurately thereto. 2. Attached hereto as Exhibit A are true and correct portions of the deposition of Nanette L. Dupont taken on December I, 2022, including Exhibit 6 to the deposition. 10 3. Attached hereto as Exhibit B are true and correct portions of the deposition of the Person Most Qualified with the City of San Mateo, Evan Albert, taken February 17, 12 2023, including Exhibit 2 to the deposition. 13 4. Attached hereto as Exhibit C are true and correct portions of the deposition of 14 Jonathan Gonzalez taken February 15, 2023. 15 16 I state the foregoing under penalty of perjury under the laws of the State of California and 17 attest that the foregoing is true and correct. Signed on May 8, 2024 in San Mateo, 18 California. 19 20 A JABAGCHOURIAN 21 22 23 '74 25 26 27 DECLARATION OF ARA JABAGCHOURIAN IN SUPPORT OF OPPOSITION TO MOTION I.A'iV OFF ICI! 8 FOR SUMMARY JUDGMENT Ol'lLA JABAGCHOURIAN, PC EXHIBIy ~ NANETTE L. DUPONT JOB NO. 446381 DECEMBER 01, 2022 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF SAN MATEO 3 UNLIMITED CIVIL JURISDICTION --oOo-- 5 NANETTE L. DUPONT, ) 6 ) Plaintiff, ) 7 ) vs. ) CASE NO. 22-CIV-01486 8 ) CITY OF SAN MATEO, ) 9 ) Defendant. ) 10 ) 11 --oOo-- 12 VIDEOTAPED REMOTE DEPOSITION OF 13 NANETTE L. DUPONT 14 APPEARING REMOTELY FROM 15 SAN MATEO COUNTY, CALIFORNIA 16 THURSDAY, DECEMBER 1, 2022 17 — -oOo-- 18 Reported by: JEANETTE L. VISSIERE 19 RPR, CSR License No. 10431 Appearing remotely from El Dorado County, California 20 22 23 STENO.COM (310) 573-8380 NANETTE L. DUPONT JOB NO. 448381 DECEMBER 01, 2022 Page 2 PBge 3 1 REMOTE APPEARANCES INDEX PAGE 3 Por the Plaintiff, MAMRTTE L. DUpoNT; EXAMINATION BY: LAW OFFICES OF ARA UABAGCHOURZAN, P.C. ARA SABAGCHOURIAM, Attorney at Law MR. NCCALLUM. 1650 S. Amphlett Boulevard Suite 216 San Mateo, California 94402 --ooa"" (650l 437-6S40 araearajlaw.corn EXHIBITS 9 Por the Defendant. CITY OF SAN MATEO: 10 EXHIBIT DESCRIPTION PAGE 10 NCDOWALL COTTER, APC Exhibit I Color Digital Photograph 54 w. ETHAN NCCALLUN, Attorney at Law 2070 Pioneer Court 12 Exhibit 2 Color Digital Photograph 55 San Mateo, California 94403 13 Exhibit 3 Color Digital Photograph 68 12 (6501 572-7933 Exhibit 4 Color Digital Phatographs 97 (650) 572"0834 PAX 15 Exhibit 5 Correspondence, dated 8/13/1S 105 13 emccallumemcdlawyers.net 16 Exhibit 6 Email Correspondence 110 15 ALSO PRESENT: DEAYAY TYLER, videographer 17 Exhibit 7 Email Correspondence 118 16 18 17 19 18 "ooo 20 -""ooo"" 19 20 21 22 22 23 23 25 25 PBBB 4 PSge 5 1 QUESTIONS INSTRUCTED To MOT ANSWER 1 REPORTED REMYIELY FROM EL DORADO COUNTY, CALIFORNIA PAGE LINE 2 'INURSDAY, DECEMBER 1, 2022, 10:03 A.M. 16 25 3 — 000— 17 9 'IIIE VIDEOGRAPHK( Good morning. We are on 35 14 5 the record at 10:03 a.m. Pacific Time on December 1st, 6 2022, to b(M(jn the deposition of Nanette Dupont in the 7 matter of Dupont versus the City of San Nateo. This 8 case is venued in the Superior Court of the State of 9 California, In and For the County of San Mateo, 10 10 Unlimited Civil Jurisdiction. This case number is 11 22-CIV-01486. 12 is taking place via Steno, 12 This deposition 13 13 Steno Connect platform. The legal videographer is 14 Deavay Tyler, here on behalf of Steno, and the court 15 15 reporter is Jeanette Vissiere, also here on behalf of 16 16 Steno. 17 17 Will counsel please identify yourself And 18 18 state whcmyou represent. 19 19 MR. MCCALLUM( Good morning. My name is 20 20 Ethan NCCallum. I'm the attorney for the defendant, 21 21 City of San Mateo. 22 22 MS. JABAGCHOURIANZ Ara Jabagchourian on 23 23 behalf of the plaintiff, Nanette Duoont. 25 24 THE VID~3 Thank you, counsel. 25 Would the reporter please swear in the STENO.COM (310) 573-8380 Pages 2..5 NANETTE L. DUPONT JOB NO. 446381 DECEMBER 01, 2022 Page 6 Page 7 I w1tness. adszmiticn, and then I just need you to confirm that ~ 1 2 MAWEITE L. DUKWT, 2 you understand. 3 called as a witness, who, being by me first remotely 3 Okay? 4 duly sworn, was thereupon and interrogated as A. Uh-huh. 5 hereinafter set forth. 5 Q.All right. So you just took the oath. Even 6 EXAMIMATIOM 6 though this is not in court, it's a more informal 7 BY MR. McCALUN: 7 setting, please understand that oath has the same 8 Q. Good morning. My Ethan McCallum. name is 8 effect as if ycu were testifying in a court of law. 9 I'm the attozney foz City of San Mateo. 9 you understand that? Do 10 Could you please state and spell your 10 A. I do. 11 naam for the record? 11 Q. Okay. Thmughaut this deposition I'm going 12 M-a-n-e-t-t-e, A. Manette Louise Dupant. 12 to be asking yau questions, and I sometimes trail off 13 Louise, L-o-u-i-s-e, Dupont, D-u-p-o-n-t, ane wozd. 13 in my line of questioning. I dan't always phrase my 14 Q. Thank you. 14 questions pmperly, so if you don't understand or you 15 And have you ever had your deposition taken? 15 need clarification, just ask me to repeat it or 16 A. I have done it on behalf of my deceased 16 rephrase it. I'm happy to do that. 17 mother. 17 Okay? 18 Q. Sorry to hear that. 18 A. Okay. 19 A. Thank you. 19 Q. Thank you. 20 Q. Just one time you'e had your deposition 20 And we ask that you don't guess at any of 21 taken'? 21 your answers or speculate. We want you to give your 22 A. That's correct. 22 best recollection. You can also give your hest 23 Q. I'm going to go over scam ground rules— 23 estimate, but please do not guess. 24 they'e called»adxzmitions» — with you just quickly 24 A. Okay. 25 before we get started. I'm going to read you the 25 Q. Okay? Thank you. Page 8 Page 9 1 This is all put on the record, so when 1 A. I understand. 2 answering my questions, don't ncd your head or give 2 Q. All right. will have an opportunity And you 3 any gestures. We need verbal responses, »yes» or 3 to read and review your transcript and make any 4 »noes.» changes to your deposition transcript. Hcwever, if 5 Do you understand that? 5 you do make any changes, just know that I can ccenwmt 6 A. I do. 6 on those changes at trial. 7 Q. Okay. 7 Okay? 8 A. It's going to be hard. I'm a nodder. 8 A. Okay. 9 Q. We all do it, so we'l try to let ycu know if 9 Q. All right. Let's get started. 10 it ' happening. 10 Ws. Dupont, what is your date of birth? 11 A. All right. 11 A. 2/28/60. there's going to 12 13 14 ~g Q. And -- be a couple of us I'l be asking you questions. attorney may have objections. It's really important Your 12 13 14 Q. And where were you born? A. San Mateo, Califoznia. You'e been local your whole life? Q. 15 that we don't speak over each other, so try to let me 15 A. Well, yes. Brief moments of leaving to other 16 finish my question, maybe give a second or two for 16 parts of the warld. 17 your attorney to make an objection, and then go ahead 17 Q. Suze. 18 and zespand. That way the court reporter can get 18 Okay. Have you ever gone by any other names 19 everything down an the recozd, 19 in the past? 20 I understand. A. 20 A. Mo. 21 Q. All right. And as I menticned, your attorney 21 Q. Do you have any children? 22 may make objections throughout my line of questioning. 22 A. I do. 23 Unless your attorney instructs you not to answer the 23 Q. Okay. Hcw many'? 24 questian, you are still expected to give a response. 24 A. Tml. 25 Okay? 25 Q. And what are their names? STENO.COM (310) 573-8380 Pages 6..9 NANETTE L. DUPONT JOB NO. 446381 DECEMBER 01 2022 I Page 10 Page 11 A. Roland Calvin Kippenhan, the Fourth, and A. My fend.ly has owned the hams since 1968. Lauren Noelle Dupont Kippenhan. 2 Q. Okay. How long have you lived there? 3 Q. Aud what are the ages of your children? 3 A. I don't know how to answer this question, 4 A. 25 and 27. 4 because I have lived in London. I have lived in San 5 Q. And are you married? 5 Diego. I'elived in Boston. I keep cerning back. 6 A. I am. 6 Q. Okay. 7 Q. Okay. is your spouse? And who 7 A. So I'e been here, I guess, for 18 years naw 8 A. Roland Calvin Kippenhan, the Third. 8 again. 9 Q. That name is going to keep going, isn't it? 9 Q. Okay. presently you'e been living at So 10 A. Long line of unimaginative men, I guess. 10 your house for the past 18 years? 11 Q. All right. And how long have you been 11 A. That's correct. 12 mazzr.ed? 12 Q. Okay. All right. And — okay. And have you 13 A. We'e been together 36 years; so 32 years, I 13 ever served in the military? 14 think. I should know that. 14 A. No. 15 Q. And your children are with your husband? 15 Q. What is your career? 16 A. That's correct. 16 A. I'm an office manager at San Francisco State 17 Q. Okay. And do either of your children live at 17 University for a medical program. 18 hare? 18 long have you been doing that? Q. Ana how 19 A. No. 19 Eight years. A. 20 Q. Okay. And your husband lives with you at 20 Q. Eight years. 21 your home? 21 What were you doing before that? 22 A. He does. 22 A. I was an office manager foz a tech start-up. Q. Okay. What. is your current address? 23 Q. Whet is your educational background? Do you 24 A. 734 26th Avenue in San Mateo. 24 have a college degree? 25 Q. How long have you lived there? 25 A. I do. Page 12 Page 13 1 Q. From where? 1 A. That's correct. 2 A. San Diego State. 2 Q. Okay. are your typical job duties? What 3 Q. Okay. What's your degree? 3 A. You know, we do the finance, the 9 card. We 4 A. It's a marketing degree. 4 enroll students, onboard students, get them going out 5 Q. When did you get your marketing degree? 5 to their clinicals. A lot of admin work, make a lot 6 A. 1989. 6 of rosters, a ton of rosters. We camply with the 7 Q. Did you get any postgraduate degrees? 7 State of California requirements for our program, and 8 A. No. 8 NAACLS, which is a national organization. We also 9 Q. And what about high school, where did you go 9 have to operate under their requirements to get our 10 to high school? 10 accreditation. So it's a variety every day. 11 A. Hillsdale High School in San Mateo, 11 Q. Sure. 12 California. 12 is the p card? I think you And what 13 Q. And when did you graduate frcm there? 13 mentioned thar. 14 '77. A. 14 A. Sorry. It's a procurement card. It's the 15 Q. All right. And we are here because you had 15 same as our department credit card. I'm sorzy. 16 an accident outside your house; correct'? 16 Q. Thank you. 17 A. That's correct. 17 All right. And are you a member of a union? 18 Q. Okay. What was the date of that accident? 18 A. I am. 19 A. May 26th, 2021. 19 Q. Which union? 20 Q. And what time of day? 20 A. I think it's CSECV. It's the union for CSV 21 A. Approximately 10:30. 21 employees that fall under admin-type categories for 22 Q. Okay. I to go back to your do want 22 the whole CSU for California. 23 emoloyment for a bit. You said you'e been rhere 23 Q. Does your job require you to do any heavy 24 about eight years, and you'e an office manager; is 24 lifting or pushing or pulling? 25 that correct? 25 A. I usually find same strapping young student STENO.COM (310) 573-8380 Pages 10..13 NANETTE L. DUPONT JOB NO. 446381 DECEMBER 01, 2022 Page 18 Page 19 about Medicare or Medi-Cal, were you receiving -- were treatment for your injuries? you under their insurance policies? A. Yes. 3 A. No. Q. Okay. And were you -- did you have your own 4 Q. All right. Okay. And you suffered injuries health insurance at the time? 5 as a result of the accident outside your house? 5 A. Yes. 6 A. Absolutely. 6 Q. And who was your health insurance with? 7 Q. Okay. Can you give me a list from your head 7 A. Anthem Blue Cross for CalPERS. 8 to your toe 8 Q. When did you first seek treatment? 9 MS. JABAGCHOURIAN: Objection. Calls for-- 9 A. I went up to Palo Alto Medical Poundation, 10 Q. BY MR. McCALLUM: -- suffered injury. 10 because I was able to get an appointment with a 11 MS. JABAGCHOURLAW: Objection. Calls for the 11 physician on-site that day, and he recommended that I 12 contention interrcgatories. It's already been set out. 12 go see an orthopedist. So I got an appointment there, 13 in interrogatories. 13 and they -- he took an x-ray that day to make sure 14 Go ahead. 14 that my ankle was not broken. 15 I injured my shoulder, and I THE WITNESS: 15 But when I went to the orthopedist, then I 16 injured my ankle, and I think that I landed on my 16 got a number of different scans, an MRI, fram head to 17 wrist, and I now am dealing with a tendon injury in my 17 toe to check everything out. 18 wrist as well. 18 Q. At Palo Alto Medical Foundation, was that 19 Q. BY MR. McCALLUM: Any other areas of your 19 your primary care physician? 20 body that you think you were injured? 20 A. It is. 21 A. I was pretty battered and bruised up. You 21 Q. Okay. What.'s — what's their name? 22 know, of course, I'm focusing on the areas that I had 22 primary care is Heidi A. So my 23 to have surgery on and that kept me fram functioning 23 Stroessner-Johnson, but that is not who I was able to 24 in my nozmal daily life. 24 see that day. 25 Q. All right. So -- okay. And did you seek 25 Q. Okay. Who did you see that day? Page 20 Page 21 1 A. I don't recall his name. I would have to 1 there's just -- like hiking or walking, swimming, you 2 check the records. 2 know, any foma of exercise, I have good days, and I 3 Q. Okay. long has Dr. Heidi Johnson been How 3 have bad days, and most of them have been more bad 4 your primary care physician? 4 than good. 5 A. Since we moved back here, 18-ish years ago. 5 Q. Do you have a scar? 6 Q. And do you still have comolaints of injury iin 6 A. I do. 7 your -- in the areas you described to me? 7 Q. Okay. Where is the scar on your leg? 8 A. I do. 8 A. Right on my ankle hone. I think about it's 9 Q. Okay. Let's start with your leg. Do you 9 2 inches in length. 10 know what type of injury you suffered o your leg? 10 Q. Since the accident and you started treating, 11 A. So I had tozn tendons, and the hone 11 have these issues or ccmplaints gotten better or worse 12 separated, so he actually drilled holes in the hone 12 or about the same? 13 and then wove the tendon through it, like a shoelace. 13 A. Well, I went fram zero weight-bearing to naw 14 So I -- my primazy fozm of exercise was 14 being able to walk with a slight limp, so I'd say 15 swizeaing. I can't swim anymore, because I can't flex 15 things have improved. 16 my foot that way. 16 Q. Let's say in the last six senths, have they 17 Q. Okay. All right. And for h's leg injury, 17 improved since then? 18 what are the camplaints that. you still lave about it? 18 A. They'e been pretty stable. I feel like I'm 19 You can't — I know you just said you can't flex it a 19 not going to be able to improve much more. 20 certain directicn. Any other— 20 Q. Okay. 21 A. I mean, I used to hike a lot, and I used to 21 (Reporter clarification.) 22 go walking. I usmi to walk my dog every day. So I 22 THE WITNESS: I'e had a lot of balance 23 still have alittle bit of a limp. Excuse me. It' 23 issues as well, so I feel pretty unstable. I think 24 vezy stiff. It still is swollen at the site where he 24 part of it was due to the muscle just -- what do you 25 cut it open. I'e had problems wearing shoes. So 25 call that? STENO.COM (310) 573-8380 Pages 18..21 NANETTE L. DUPONT JOB NO. 446381 DECEMBER 01, 2022 I Page 22 Page 23 1 (Reporter clarification.) sliding the bed over to the cammode and not doing on 2 I think the muscle atrophied, THE WITNESS: anything else for that time period, for the three to 3 so now I'm just a little off balance. I have one four weeks. And then we slowly were trying to build 4 strongez leg than the other. up same strength. 5 Q. BY MR. McCkttt)M: How long after the accident I couldn't do PT until February of 2022 for 6 did these complaints in your leg start, you know, the ankle, because I had to -- there was a chance of 7 where you could weight-bear and walk? When did that breaking the tendons that he had laced into the hone. 8 start to occur; how many IIhhnths? Everything sort of needed to settle, and the swelling 9 A. So they had to take care of my shoulder first needed to go down. So it was a vezy long period of 10 in order for me to have surgery on my ankle. And they 10 time. I was under a doctor's care for a full year. 11 put me in a boot. They sort of propped me up and ll Q. How long after the accident did you get this 12 bandaged me and then put me in a boot so that I could 12 crutch and a leg brace? 13 do a little bit of weight-bearing. I had a crutch. I 13 A. So that day I got a boot on it, but I-- 14 had a walker. I had a scooter in the house to get 14 really, I cauld not put any weight on it at all. 15 around from raaa to room. 15 Q. Did you also get -- go ahead. 16 So we did the shoulder surgery first on 16 A. We just -- we had a sccoter at hams, and so I 17 August 4th, and there was a long recovery and same PT 17 just would put my knee up on the scooter and get 18 time so that I could build the muscle up so I could 18 araund the house that way. 19 support Iayself on the walker and the czutch. 19 ~ But I wasn't able to drive, so I couldn' go 20 And then when I had the ankle surgery, which 20 to work. I was trying to work at hase. 21 was the day before Thanksgiving in 2021 -- I think it 21 Q. Were you given a walker by your medical 22 was the 24th of November -- I was campletely 22 pzovhder? 23 non-weight-bearing for three to four weeks. My 23 A. I was. 24 husband had to help me with all my bodily functions. 24 Q. When dkd you get the walker? 25 I had to use the casmade. I was literally just 25 A. I actually had it beforehand, because I knew Page 24 Page 25 1 that, you know, I was going to undergo the surgery, so 1 And you were on that crutch until 2 I borrowed it fram my PT person when I was doing the 2 approximately November 2021, when you had the surgery? 3 shoulder exercises, but... 3 A. Yeah. I mean, I was really utilizing the 4 Q. Okay. that was after the -- that was So 4 scooter a lot more than the czutch, because I could 5 right before the leg -- the surgery on your ankle? 5 lift my leg up off the floor and kind of push myself 6 A. It probably was -- I mean, I needed the 6 around the house. So that was easier than the crutch, 7 assistance because I couldn't hop around my house. So 7 easier than hopping, got me places faster. 8 I probably got the walker as soon as I started PT foz 8 Q. Okay. And you started using the scooter 9 the shoulder. 9 about the time of your shoulder surgery in August? 10 Q. I see. 10 A. No. Actually, right away because I really 11 You were given a beat just after your 11 couldn't put any weight on my foot. 12 accident; correct? 12 Q. Right away, okay. 13 A. That's correct. 13 And then it was the walker you started using 14 Q. Okay. Were you given any other Iehbility 14 right before-- 15 assistance at'hat time? 15 A. Yeah, the walker gave me. my PT 16 A. The crutch. 16 Q. All right. And what kind of shoulder injury 17 Q. The crutches, okay. Crutches were given the 17 do you believe you sustained? 18 sane day? 18 A. So I had tom two tendons, and he said that I 19 A. Yes. 19 needed rotator cuff surgezy for that. So we'd have to 20 Q. So you were on crutches until-- 20 actually laok at his records, what he found once he 21 A. One crutch. 21 opened me up. 22 Q. One crutch? 22 Q. And you had that surgery in August. 2021? 23 A. One czutch, because I couldn't use the 23 A. Yes. August 4th. 24 shoulder, so... 24 Q. Okay. Other tlan surgery, what kind of 25 Q. Right, right. Okay. 25 treatments were you receiving? Before surgery; excuse STENO.COM (310) 573-8380 Pages 22..25 NANETTE L. DUPONT JOB NO. 446381 DECEMBER 01, 2022 Page 26 Page 27 1 1 pretty close. I can't tell you exact dates. I'd have 2 A. I was on a lot of pain meds, yeah. Just a 2 to look through the documents. 3 lot of pain meds. 3 Q. Would you say it was before your ankle 4 Q. Do you recall which medicatians? surgery? 5 A. Oxycontin, hydrocotin [sic)[phonetic], same 5 A. Yes. 6 extra strength ibuprofen. I think gabapentin was in 6 Q. And then after your ankle surgery, you were 7 there. Yeah, there was one more bottle, but I'm not 7 pretty much down-and-out for a little while and 8 sure what it was. I'm sorry. 8 recovering? 9 Q. Okay. Other than the medications, did you 9 A. Yeah. I could not do any weight-hearing for 10 have any other treatments for your shoulder before .0 three to four weeks. 11 this surgery? .1 Q. Three to four, okay. 12 A. Not that I recall. .2 And while you were recovering frcm your ankle 13 Q. Okay. about the ankle, before your What 3 surgery, did you have any other treatments for your 14 surgery and, obviously, your mobility assistance, what shoulder at that -- or your ankle at that time? 15 other treatments were you receiving for that? :5 A. You know, I couldn't drive, so my husband was 16 A. You know, I couldn't do anything with the :6 able to take me to PT. I'm sure that I was, you know, 17 ankle until I had the surgery. :7 getting some PT. But, again, I'd have to look through 18 Q. Got it. Okay. :8 the documents to see what the dates were. 19 of your medications also for your Were same :9 Q. Okay. And then after your ankle recovery, 20 ankle injury? '0 you said approximately three to four weeks-- 21 A. Absolutely, yeah. il A. Well, that's not the recovery. That was the 22 Q. Okay. All right. Okay. And then after your 22 non-weight-bearing phase. 23 shoulder surgery, did you -- did you start physical '3 Q. Excuse me. Yes, thank you. 24 therapy right away on that? :4 the first treatment And when was after that 25 A. I think it was almost right away. It was 5 non-weight-bearing phase? Page 28 Page 29 1 A. Sorry. I'd have to leak at the documents. 1 So, yeah, I don't know if I had lost 2 Q. Eo you believe it was that year or into tl.e 2 consciousness. I just have no recollection of that. 3 next year, 2022? 3 Q. Okay. You'e not sure if you were knocked 4 A. I remember that I could not start PT until 4 unconscious? 5 Pebruazy; that it needed, you know, the time from the 5 A. Yeah, I'm not a hundred percent sure. 6 end of November until Pebruary to heal and settle in. 6 Q. When did you -- what was your first. treatment 7 So I was not able to even think about doing any PT or 7 for the wrist injury? 8 any walking. I had to kind of relearn how to walk 8 A. I mean, it's been pretty recent. It's been 9 through PT, and that was not until February of 2022. 9 bothering me this whole time, but one morning I had 10 Q. Prior to February 2022 and after your ankle 10 slept kind of this way with my hand curled [indicating), and I couldn't open my hand. So that' ~ 11 surgery, were you doing any PT for your shoulder? 11 12 A. No. I don't think so. Again, I'd have to 12 pretty recent. I'e been wearing a brace now for five 13 check the documents. 13 or six weeks, and I'm waiting to get into a hand Q. Understacd. Just need your best 14 specialist, which, of course, I have to wait until 15 recollection. 15 January, so... 16 Okay. And you also mentioned you may have 16 Q. Okay. 17 had a wrist injury? 17 A. I can't direct--- 18 A. Right. I have a tendon injury now on my 18 Q. So-- 19 wrist. I do not remember hitting the deck when I 19 A. Go ahead. Sorry. 20 fell. I had a bag of groceries, one bag in each hand, 20 Q. No, please, 21 and I went facedown, and I don't have any recollection 21 A. I can't directly attribute it to the 22 of how I landed. But I was not able to get up and 22 accident, but like I said, 1 don't remember how I 23 walk away. I had to crawl to the f ont door until I 23 fell, if I fell on my wrists. I di