I i - * 1
1 IN THE COURT OF COMMON PLEAS
2 PHILADELPHIA COUNTY, PENNSYLVANIA
3 - - -
4 UNCHALEE VONG et al :FEBRUARY TERM O3
5 vs. :
6 MALY YAN et al :2882
'7 .. .. -
8 Oral deposition of
9 Maly Yan, taken pursuant to Notice, held
10 at the law offices of Christie, Pabarue,
11 Mortensen & Young Services, 1880 JFK
12 Boulevard, 10th Floor, Philadelphia, PA,
13 on Wednesday, September 24, 2003, at
1 14 12:45 p.m., before John W. Begley, a
F 15 Federally Approved Registered
Q 16 Professional Reporter - Notary Public in
I 17 and for the Commonwealth of Pennsylvania.
4 18 — — —
19 ESQUIRE DEPOSITION SERVICES
20 15th Floor
? 21 1880 John F. Kennedy Boulevard
é 22 Philadelphia, Pennsylvania 19103
E 23 215 — 988-9191
I 24
1
Case 1:05-cv-00513-MPT Document 18-2 Filed 07/21/2005 Page 2 of 3
6 2 6 4
1 is the time card that matcl1es up. 1 MR. VILLALOBOS: What I
2 She doesn't know that. 2 would like to do, then, is have
3 MR. URBAN: And her 3 another document marked. This is
4 confusion and unwillingness to 4 going to be Maly Yan 3. There are
5 subscribe to the basis for your 5 going to be one or two brief
6 question, I think, makes the 6 questions about this particular
7 question unfair. 7 document. (Indicating).
8 MR. VILLALOBOS: Sure. 8 (The above—referred-to
9 MR. URBAN: Iwould instruct 9 document was marked as Maly Yan
10 her not to answer. 10 Exhibit 3 for identification)
11 BY MR. VILLALOBOS: 11 BY MR. VILLALOBOS:
12 Q. You do recognize the fact 12 Q. Go ahead and take a look at
13 that what’s been marked as Maly Yan 2 is 13 that, please.
14 a time card. Is that fair? 14 Ma’am, do you recognize this
15 A. What I want to know is what 15 document?
16 day this card show with the punch card. 16 A. I'm not so sure.
17 Q. Well, we know that it 17 Q. Do you see your signature
18 indicates at the top that it is for the 18 anywhere on this document?
19 week or the pay period ending June 23, 19 A. Yes, underneath that.
20 2001. 20 Q. And is it dated?
21 MR. URBAN: Objection to the 21 A. Yes.
22 form ofthe question. 22 Q. And what‘s the date?
23 MR. MC NULTY: We don't 23 A. It was dated August 2, 2001.
24 know. We think. We know that 24 Q. Above your signature do you
I 6 3 6 5
' 1 that's what you are saying. 1 see where the form asks for your employer
2 MR. VILLALOBOS: The 2 and address?
4; 3 document speaks for itself. 3 A. Yes.
j` 4 MR. MC NULTY: Can I -- 4 Q. And what's listed there as
j 5 MR. VILLALOBOS: Sure. Go 5 your employer?
6 ahead. 6 A. Pack & Process.
I 7 MR. MC NU LTY: Why don't you 7 Q. And beside that it asks for
‘ 8 just ask her what time she clocked 8 occupation. Do you see what it says
9 out? I’m not trying to tell you 9 under the word "occupation"?
10 how to take your deposition. 10 A. Yes.
11 MR. VILLALOBOS: Sure. 11 Q. Amd it does not say driver;
12 MR. MC NULTY: Why don't you 12 correct?
13 ask her whether she punched out 13 A. Yes.
, 14 before the accident happened? 14 Q. What I would like to do is
i 15 Doesn't that get you to the same 15 ask some questions about June 18, 2001.
,l 16 answer? 16 Did you drive the van to
l` 17 MR. VILLALOBOS: Absolutely. 17 Pack & Process on the moming of June 18,
18 I was planning on asking her that, 18 2001?
li 19 too, so I will just cut to the 19 A. Yes.
1 20 chase. 20 Q. And you also drove the van
T 21 BY MR. VILLALOBOS: 21 or you were head ack QT hiladelphia
- 22 Q. Do you recall if you punched 22 after your shift at ` Process on
t 23 out before the accident took place? 23 June 18, 2001?
_ 24 A. Yes. 24 A. Yes.
r 17 (Pages 62 1:0 65)
Case 1:05-cv-00513-MPT Document 18-2 Filed 07/21/2005 Page 3 of 3
I Q. Prior to June 18, 2001 on 1 Q. You were not paid by Pack & gr
2 how many occasions had you driven the van 2 Process to drive the van in May or June 1
‘ to or from Pack & Process`? 3 of 2001‘? E
i E, what do you mean`? Can 4 MR. URBAN: Objection to the
‘ 5 you 5 form ofthe question.
l & Q. Well, let me ask you this: 6 THE INTERPRETER: I`m sorry. 1
i Witen did you lirst begin driving the van? 7 1 wasnt sure she understand the
` .*-1 In 2001 when did you tirst begin driving S question because the answer -- â€
. g the van to or t'rom Pack & Process'? 9 MR. MC NULTY: That's all " i
‘ EW .··\. In May. 10 right. Just translate what she
Q. And we are talking about May 11 said. ` ‘
‘ of 2000. so a month before the accident, 12 THE INTERPRETER: The answer
{ roughly`? 13 is I get paid from Mr. Thahch as at
ia; Rt. Yes. 14 transporter driving the vg g
me Iit.¤1.1.1
l L_` » - to say -— 17 Q. So in May and June ot`†s
g VIL.L.At,OBOS; 2001. 18 Mr. Thatch was paying you to transport 1
Q THE WITNTESS: Yes. 19 workers between Philadelphia and
% BY MR. VILI.ALOBOS; 20 Wilmington? ·
; 21 Q. And why did you start 21 A. Yes. I
# _ 22 driving the van in May 200l‘? 22 Q. Did anyone at Pack & Process ‘
_ A. Because my father got his 23 ever instruct you to drive a Vehicle`? .
L ..-i rraai 24 A, My supervisor told ine.
-; B1 wt
= ` I Q. Was your father customarily 1 Q. Your supervisor told you to
il . 2 the person who would drive that van'? 2 drive a vehicle'? i f r
I Q - F .»\. Yes. 3 A. Yes, transferring people to †]
~ Q 4 Q. And was your father paid by 4 work and also working as an employee Z
5 someone to drive that van'? 5 there. . I
. ti .·\. Y§§ iam. Mr. Thatch. 6 Q. What supervisor was it that ·
j g _A A Q. And when you began to drive 7 told you to transport people to anti from " '
{ yan in Nitty 2001. a month or so before S work`? _ _
Ee §tc accident-- 9 A. Sterling.
I in .··\. Yes. 10 Q. Sterling Newsome? · i
I I Q. -— were you paid by anyone 11 A. Yes.
_ i I2 to drive that van'? 12 Q. And when was it that -
T .·\. I get paid from Pack & 13 Sterling Newsome told you to drive a van .
. Proc and I also get paid from Mr. Lam. 14 to transport workers?
Q iii ‘ ‘`ii Now, what were you paid by 15 A. After my father got his
to Puck St Process for: for working as a 16 license suspended. , 2
g g i ;-I iity technician or were you paid by 17 Q. Under what circumstances was
{Q & Process to drive the van'? 18 it that Sterling Newsome iirst came to `
3 Fla MR. Ulll·5»\N: Objection to the 19 you and spoke to you about driving a
I %ent` the question. 20 vehicle'? `
; _ 21 A. Because he docs not want my Q
= ._ ‘~’v'I'I$§SS: As ti person 22 father to leave the place and he does not ;»
. as it control. 23 want to lose us from the company. ‘ `-
Q $51 1-l.»\1.0BOS; 24 Q. So what did Sterling Newsome Ti
I i i
1 1 B ( Pmgpm 6 6 no 6 9)
l .
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms