Free Appendix - District Court of Delaware - Delaware

Case 1:05-cvj00022-IVIPT Document 1112-8 Filed 08/28/2006 Page 1 of 3 2
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4 mm mov, 1m11v1aua11y and as z JUNE TERM, 2003 4 · Jouuuim M. co:-mu, zsquuw
f ·, Administrator of the Estates : The Nineteenth Floor
‘_ ` *· 5 of Oeurn Mam, Deceased, and : 5 1525 Locust Street
NAVY YAN, Deceased, and : Philadelphia, PA 19102
6 CHAN YAN and THUA SON and : 6 Counsel for Plaintiffs Yan Thou, Chan
7 CHIEU THI HUYNH : 7 Yan, Thua Son and Chieu Thi Huynh
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10 10 suite 630
1401 Walnut Street
11 — — — 11 1>n11¤ae1pn1a, PA 19102
12 Thursday, January 20, 2005 12 Counsel for Defendant Maly Yan
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szroxuzz um uouomsnz szmmu. mnzmz Moss, J.,
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16 — - - 16 Also Present:
17 17
18 18 Kim Ly Yang, The Interpreter
19 now-JURY TRIAL 19
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21 21
22 22
23 23
24 24
25 25
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2 1 u ¤ E x 2 (REPORTER NOTE: Thursday, January
3 wxmmssss msec! cxoss RD RC 3 20, 2005, Courtroom 653, Judge MOSS.)
4 mu mm 4 COURT CRIER: Everybody please rise.
5 By uz. McNulty s -- -- -- 5 (Call to order at 1:45 p.m.)
6 By M:. van unseen -· s -- -— 6 THE COURT: Good afternoon. S0 we
7 7 are now ready, l believe, on the defense side
8 8 of the case to proceed?
9 9 MR. McNULTY: Yes, Your Honor.
10 E x u 1 B I 1 s 10 THE COURT: You may proceed.
11 12. PAGE No. 11 MR. McNULTY: Your Honor, first,
12 (None were marked at this time.) 12 could 1 hand up to th€ COUI1 UWB O|'1g1I'\B|
13 13 stipulation?
14 14 THE COURT: Yes, that's right. Do me
15 ®\l\S\'L 15 a favor though, please, take the microphone,
16 16 put it up straight in front of you.
17 ® 17 MR. McNULTY: Thanks, Your Honor.
18 18 THE COURT: All right. Now y0u're
19 19 okay.
20 20 Richard, you can make copies of that,
._ 21 21 okay. And we'll file the original. You can
A ,- 22 22 get your copies.
' 23 23 MR. McNULTY: Thanks, Your Honor.
l 24 24 The defense, we call Maly Yan.
25 25 THE COURT: You may take the stand.
Josm J. Kunz, mm, oz¤·1··1c1A1. comm xzponrzn Jomv .1. Kunz, mm, o1·z··1c1A1. coun nzponrm

` . Case 1 :05-cv-00022-IVIPT Document J 12-8 Filed 08/28/2006 Page 2 of 3 6
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` 2 MR. McNULTY: We do have an 2 MALY YAN, after having been first
3 interpreter, Your Honor. 3 duly sworn (through the Interpreter), was
,. . 4 COURT CRIER: For the record, slr, 4 examined and testified as follows:
( 5 please state your name and spell your last 5 - - -
6 name. 6 MR. McNULTY: May I proceed, Your
7 THE INTERPRETER: My name is Kim Ly 7 Honor?
8 Yang. The last name is Y-A-N-G. 8 THE COURT: Yes, you may.
9 COURT CRIER: YOUI' home address? 9 Dzmwnmr ·s zvznzucz
10 THE INTERPRETER: 1416 Tasker Street, 10 m‘1u·c:r EXAMINATION
11 Philadelphia, PA 19145. 11 BY MR. McNULTY:
12 - — - 12 Q. Ms. Yan, I know you understand some English,
13 KIM LY YANG, The Interpreter, 13 but we're going to go through the interpreter, okay?
14 having been duly sworn to translate the 14 A. Okay.
15 proceedings truthfully and accurately as 15 Q. State your full name and your present home
16 follows: 16 address.
17 - - - 17 A. My name is Yan, Maly. My residence is 2007
18 COURT CRIER: For the record, state 18 South 9th Street, 19148.
19 your name. 19 THE COURT: Wait. l'm having trouble
20 THE WITNESS: My name Maly Yan. My 20 hearing him.
21 first name spelled M-A-L-Y, last name Y-A-N. 21 Yes, thank you. I need to hear
‘ 22 COURT CRIER: Your home address? 22 everything you say more than I need to hear
23 THE WITNESS: 2007 South 9th Street, 23 what she says because I don't understand her.
24 19148. 24 BY MR. McNULTY:
25 - - - 25 Q. Ms. Yan, how long have you lived at that
Jam: J. Kunz, nm, opmczaz. coun Rzponrza Jem: .2. xzmz, RPR, onucmr. comm- REPORTER
7 8
1 MALY YAN - DIRECT 1 MALY YAN - DIRECT
2 address? 2 Q. Do you recall anything about where it happened,
3 A. Seven years. 3 about what time, anything?
4 Q. And what is your country of origin? 4 A. All I know is it happen about 4:30 in Delaware.
5 A. Cambodia. 5 Q. And the road that you were on at the time of
6 Q. Are you presently employed? 6 the accident, was that the road that you usually
7 A. You mean now? 7 drove home on?
8 Q. Right now. 8 A. Correct.
9 A. No. 9 Q. Do you recall a tanker truck also being
10 Q. Okay. Were you the operator of one of the 10 involved in the accident?
11 vehicles involved in the accident that we're here 11 A. I don't recall.
12 about from back on June 18th of 2001? 12 Q. Ms. Yan, were you injured in the accident?
13 A. Yes. 13 A. Yes.
14 Q. And what kind of vehicle -- what kind of 14 MR. McNULTY: I don't have any other
15 vehicle were you driving at the time of the 15 questions at this time, Your Honor. Thank you.
16 accident? 16 THE COURT: You're welcome. Do you
17 A. Van, 1992. 17 have any cross-examination?
18 Q. Where were you coming from and where were you 18 MR. VAN NAARDEN: I do, Your Honor.
19 going? 19 May I proceed, Your Honor?
20 A. From work and heading home. 20 THE COURT: Yes, you may.
21 Q. And home was Philadelphia? 21 czzoss-zxmumlmou
22 A. Correct. 22 BY MR. VAN NAARDEN:
, 23 Q. Tell Her Honor, Judge Moss, what you recall 23 Q. Good afternoon, Ms. Yan.
24 about the accident that day. 24 I want to start off by telling you
25 A. I don't recall, I forget. 25 how sorry I am about the loss of your mother and
JOHN J. KURZ, RPR, OFFICIAL COURT REPORTER JOHN J. KURZ, RPR, OFFICIAL COURT REPORTER

` Case 1:05-cv-00022-IVIPT Documentgi 12-8 Filed 08/28/2006 Page 3 of 3 J 10
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` 2 your brother, but I'm here to ask you a few 2 your own injuries, you lost your mother and your
3 difficult questions about the accident in 2001. 3 brother'?
4 Did you understand my question, 4 A. Correct.
[ A _ 5 ma'am? 5 Q. Knowing that you were the driver of this van,
6 A. Yes. 6 how has this accident affected you?
7 Q. On the date of the accident, on June 18th of 7 A. Because after accident my mother pass away, and
8 2001, you were working for Pack and Process located 8 I feel so depressed, and I feel so loneliness.
9 in Delaware, right? 9 Q. And how has the loss of your brother, Navy Yan,
10 A. Correct. 10 affected you?
11 Q. And you were working as a quality control 11 A. When I lost my brother, I feel so lonely, like
12 employee at the factory? 12 I live my life in this world without any person
13 A. Yes. 13 around me, I feel isolated.
14 Q. And as part of your duties, you would transport 14 Q. As the driver of the van, you recognize that
15 workers from their homes in Philadelphia to the 15 you had an obligation to be aware of the other
16 factory and back home to Philadelphia, right? 16 vehicles on the road with you, right?
17 A. Correct. 17 A. Yes.
18 Q. On the day of the accident, when you were 18 Q. And you also recognize that as the driver of
19 driving back from Pack and Process, you had 19 19 that vehicle you have a duty to the other people in
20 people in that Dodge van, correct? 20 the car to keep the van under control?
21 A. Correct. 21 A. Yes.
22 Q. And contained within those 19 people were 22 Q. At some point, and I understand that your
23 various members of your own family? 23 memory of what happened in the accident is limited,
24 A. Correct. 24 but at some point you did end up losing control of
25 Q. As a result of this accident, in addition to 25 the van that you were driving?
JOHN J. KURZ, RPR, OFFICIAL COURT REPORTER JOHN J. KURZ, RPR, OFFICIAL COURT REPORTER
11 12
1 MALY YAN - CROSS 1 MAI.! YAN -· CROSS
2 A. Yes. 2 around the tanker using the left most lane?
3 Q. And just to back up for a second, you also 3 A. Yes.
4 recognize that you had an obligation and a duty to 4 Q. And as you were passing the tanker with the
5 obey the laws of the road, like the speed limit? 5 tanker on your right, you lost control of the
6 A. Yes. 6 vehicle?
7 Q. Do you remember driving -- rather, strike that. 7 A. I don't recall.
8 You remember driving to work on the 8 Q. Do you remember waking up in the van after the
9 day of the 18th, driving the passengers from 9 accident?
10 Philadelphia to the Delaware factory, right? 10 A. Yes.
11 A. I do. 11 Q. What did you see when you woke up? What was
12 Q. You don't remember there being any type of 12 going on around you?
13 mechanical problem with the car -- strike that, van, 13 A. I saw some of my siblings visiting me at the
14 when you drove from South Philadelphia to the 14 hospital.
15 factory on the 18th, right? 15 Q. Do you remember seeing your brother at the
16 A. No, I don't. 16 scene of the accident before you went to the
17 Q. And as you drove back from the factory back 17 hospital?
18 from Pack and Process toward Philadelphia on the 18 A. No, because I was unconscious.
19 18th, you remember approaching the big tanker, 19 Q. Did you first regain your consciousness when
20 right? 20 you were in the hospital?
21 A. Yes. 21 A. I was unconscious for two days at the hospital.
22 Q. The tanker was in the center lane and you were 22 MR. VAN NAARDEN: Thank you very
23 behind it at first, right? 23 much. I have no other questions.
24 A. Correct. 24 THE COURT: Any redirect?
25 Q. And at some point you made a decision to go 25 MR. McNULTY: No, Your Honor. Thank
JOHN J. KURZ, RPR, OFFICIAL COURT REPORTER JOHN J. KURZ, RPR, OFFICIAL COURT REPORTER