Free Appendix - District Court of Delaware - Delaware

Case 1:04-cv-01254-GMS

Document 169-4

Filed 03/08/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

HARRY SMITH, JR. and ROSLYN

)

WOODARD SMITH, individually and ) as Administrators of the ESTATE ) OF HARRY SMITH, III, ) Plaintiffs, ) ) Civil Action v. ) No. 04-1254-GMS ) CITY OF WILMINGTON, JOHN CIRITELLA, THOMAS DEMPSEY and MATTHEW KURTEN, ) Defendants. ) ) ) ) )

Deposition of ROSLYN WOODARD SMITH taken pursuant to notice at the law offices of Richards, Layton & Finger, One Rodney Square, Third Floor, Wilmington, Delaware, beginning at 10:15 a.m., on Tuesday, May 30, 2006, before Kurt A. Fetzer, Registered Diplomate Reporter and Notary Public.

Case 1:04-cv-01254-GMS

Document 169-4

Filed 03/08/2007

Page 2 of 3

Page 5 18 Q. All right. I understand that Harry Smith, III 19 20 Page 6 2 Q. Am I correct that Harry Smith, III was 25 at 3 4 Page 39 Q. What did he do after he graduated from Alexis 8 9 10 11 12 13 14 15 Page 40 13 Q. What other schools had he attended? 14 15 16 17 18 A. I think he took a course at Del Tech. I know he was enrolled or was going to enroll at Wilmington College. He had gotten into a computer program and finished that and with his aspirations of completing his degree. I. du Pont? A. He enrolled and attended Lincoln University. Q. I understand he did not graduate from Lincoln. Am I correct? A. Right. Q. Why did he leave? A. Because our financial situation had gotten to the point that I was the sole provider. the time of his death? A. Yes. had a twin brother. Am I correct? A. Yes.

Case 1:04-cv-01254-GMS

Document 169-4

Filed 03/08/2007

Page 3 of 3

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State of Delaware ) )

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New Castle County )

CERTIFICATE OF REPORTER

I, Kurt A. Fetzer, Registered Diplomate 6 Reporter and Notary Public, do hereby certify that there came before me on Tuesday, May 30, 2006, the 7 deponent herein, ROSLYN WOODARD SMITH, who was duly sworn by me and thereafter examined by counsel for the 8 respective parties; that the questions asked of said deponent and the answers given were taken down by me 9 in Stenotype notes and thereafter transcribed by use of computer-aided transcription and computer printer 10 11 under my direction. I further certify that the foregoing is a true and correct transcript of the testimony given at said 12 13 examination of said witness. I further certify that I am not counsel, attorney, or relative of either party, or otherwise 14 15 16 17 Kurt A. Fetzer, RDR, CRR Certification No. 100-RPR 18 19 (Expires January 31, 2008) interested in the event of this suit.