Free Complaint - District Court of Delaware - Delaware

· Case 1:05-cv-O05?3-MPT Document 17-3 Filed 07/21/2005 Page 1 of 2
. y ‘ . ·°‘` 1
A 1 IN THE COURT OF COMMON PLEAS
2 PHILADELPHIA COUNTY, PENNSYLVANIA
4 UNCHALEE VONG et al :FEBRUARY TERM 03
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,
F 13 on Wednesday, September 24, 2003, at
F 14 12:45 p.m., before John W. Begley, a
L 15 Federally Approved Registered
E 16 Professional Reporter — Notary Public in
1 17 and for the Commonwealth of Pennsylvania.
18 — - -
g 19 ESQUIRE DEPOSITION SERVICES
@ 20 15th Floor
2 21 1880 John F. Kennedy Boulevard
3 22 Philadelphia, Pennsylvania 19103
” I 23 215 — 988-9191
2 4
E
I

Case 1:05-cv-00513-MPT Document 17-3 Filed 07/21/2005 Page 2 of 2
· 6 6 6 8 .
‘ 1 Q. Prior to June 18, 2001 on 1 Q. You were not paid by Pack & {__
2 how many occasions had you driven the van 2 Process to drive the van in May or June
3 to or from Pack & Process? 3 of 2001? ·
4 A. Like what do you mean? Can 4 MR. URBAN: Objection to the
5 you repeat that'? 5 form of the question. ` I
6 Q. Well, let me ask you this: 6 THE HWTERPRETER: I'm sorry. ` . .
7 When did you first begin driving the van? 7 I wasn‘t sure she understand the-
8 In 2001 when did you first begin driving 8 question because the answer -- `
9 the van to or from Pack & Process? 9 MR. MC NULTY: That's all ;
10 A. In May. 10 right. Just translate what she
11 Q. And we are talking about May 11 said. "
12 of 2000, so a month before the accident, 12 THE INTERPRETER: The answer _ l
13 roughly? 13 is I get paid from Mr. Thatch as a
14 A. Yes. 14 transporter driving the van, ‘ ·
15 MR. HULLER; I'm sorry, 15 taking people to work there. _ l
16 Rafael. That was 2001, I think 16 BY MR. VILLALOBOS:
17 you meant to say —- 17 Q. So in May and June of 2001 ··
18 MR. VILLALOBOS: 2001. 18 Mr. Thatch was paying you to transport ; l
19 THE WITNESS: Yes. 19 workers between Philadelphia and `
20 BY MR. VILLALOBOS: 20 Wilmington? -
21 Q. And why did you start 21 A. Yes. 1
22 driving the van in May 2001? 22 Q. Did anyone at Pack & Process ‘
23 A. Because my father got his 23 ever instruct you to drive a vehicle? .
24 license suspended. 24 A. My supervisor told me. 1
s -r s 9 ]
1 Q. Was your father customarily 1 Q. Your supervisor told you to
i 2 the person who would drive that van? 2 drive a vehicle? -
l 3 A. Yes. 3 A. Yes, transfening people to l
4 Q. And was your father paid by 4 work and also working as an employee `
V 5 someone to drive that van? 5 there. -
I 6 A. Yes, Lam. Mr. Thatch. 6 Q. What supervisor was it that l
F 7 Q. And when you began to drive 7 told you to transport people to and from ‘
I 8 the van in May 2001, a month or so before 8 work? ,...
9 the accident -- 9 A. Sterling. ]
10 A. Yes. 10 Q. Sterling Newsome? *:
11 Q. -- were you paid by anyone 11 A. Yes. _
12 to drive that van? 12 Q. And when was it that
' 13 A. I get paid from Pack & 13 Sterling Newsome told you to drive a van i
14 Process and I also get paid from Mr. Lam. 14 to transport workers?
15 Q. Now, what were you paid by 15 A. After my father got his ‘
16 Pack & Process for; for working as a 16 license suspended.
5. 17 quality technician or were you paid by 17 Q. Under what circumstances was
_l 18 Pack & Process to drive the van? 18 it that Sterling Newsome first came to {
i 19 MR. URBAN: Objection to the 19 you and spoke to you about driving a ,
__ 20 form of the question. 20 vehicle?
( 21 Go ahead. 21 A. Because he does not want my
= 22 THE WITNESS: As a person 22 father to leave the place and he does not .
- 23 working as a control. 23 want to lose us from the company.
' 24 BY MR. VILLALOBOS: 24 Q. So what did Sterling Newsome i
18 (Pages 66 to 69)