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My name is John Anello, and I'm an attorney with the law firm of Callahan and Fusco. And I represent Island Snow Services with respect to an accident I understand you were involved with back on 02/04/2021. And and we're here to take your deposition today, which is a I think you know what it is, but it's a question and answer session about the accident, your alleged injuries, and your your treatment for those injuries. So I'm gonna give you some instructions, and then I'm gonna ask you some questions about those topics. And I just ask that you answer those questions to the best of your ability. You were just sworn in by the court reporter, and we're conducting this matter virtually, and we're in different locations. But you still have to tell the truth as though you were in a courtroom in front of a judge. The court reporter is taking down everything we say, so just please make sure all your answers are clear and verbal. No huhs or shoulder shrugs or hand gestures. Also, please let me finish my question before you answer, and I'll do the same for you. I'll allow you to complete your answer before I before I ask the next question. It's very important that only one person be speaking at a time. If I ask you a question and you answer it, I'm going to assume that you understood the question. If I ask a question and you don't know the answer, please don't guess. It's perfectly alright to say that you you don't know. However, if the question calls for an estimation or an approximation, please just tell me that that's what you're doing before you you provide your answer. Your your attorney is here with you today, and there are other attorneys that represent other parties as well. And you may hear one of them object to one of my questions. If he objects to one of my questions, please let that attorney state the reason for their objection, and then wait for instructions for your attorney to answer before answering. Finally, if you gotta stand up, take a break, whatever you need to do, just let me know. There's no reason for you to feel uncomfortable. So if you need a break, it's fine. I don't expect this deposition to be very long. Only only thing I ask is that if there's a question pending, please answer it before we take a break. Do you understand all of those instructions?

Do you have any questions? I don't. Okay. Alright.

Have you ever been deposed before? Yes.

And when was that? I don't remember the exact date. Was it was it relative to this action, this case? Yes.

I don't remember the exact date. Was it was it relative to this action, this case? Yes.

Aside from this case, have you ever been deposed before? No.

Are you currently under the influence of any substances or medications that would affect your ability to recall the accident, your injuries, or your treatment? No.

K. Is there any reason you can't be truthful with me here today? No.

Have you reviewed any documents in preparation for this deposition? No.

Have you reviewed any photographs in preparation for this deposition? I did look at photographs.

What photographs did you look at? The accident photographs.

And when you say the accident photographs, what were these photographs of? Me on the on the ground and the parking lot.

And who took these photographs, if you know? I took the pitch I took some pictures and I believe my wife. Do you have these photographs? Are they in your possession?

Do you have these photographs? Are they in your possession? I believe we had provided them before. Okay.

Aside from your attorney, and don't tell me any conversations you had with your attorney, have you discussed this case with anyone else in preparation for your deposition? No. What's your date of birth? And we'll just put the year on the record. Thank you.

What's your date of birth? And we'll just put the year on the record. Thank you. 06/08/1984.

How old are you? 41.

And at the time of the accident, how old were you? 37.

And what's your current address? 7 North Plymouth Road. And is that in Port Washington? Port Washington, New York 11050.

And is that in Port Washington? Port Washington, New York 11050.

And how long have you lived at that address? Just over four years now.

And your address, is that is that home a one family, a two family home, or something else? It's a one family.

Do you own it, rent it, or something else? Own it.

Did you live at that property on 02/04/2021? No. Where did you live on 02/04/2021?

Where did you live on 02/04/2021? I lived at 125 Main Street, Apartment 10 Port Washington, New York. And on 02/04/2021,

And on 02/04/2021, how long were you living at that address? We had moved in 10/20/2038. And you say we. Who who did you live with at at that time?

And you say we. Who who did you live with at at that time? My girlfriend that became my wife. And what is her name? Melody. What's your last name? Sakai.

And what is her name? Melody.

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Do you do you still live with your wife, I'm assuming? Yes. Do you live with anyone else? My kids.

Do you do you still live with your wife, I'm assuming? Yes. Do you live with anyone else? My kids.

How many how many children do you have? Two kids.

Are any are they minors? Yes.

K. What are their names, and can we just put initials on the record? Maya and Alexander.

How old is Maya? Maya is a little over three years old now, and Alexander is a little over one year old.

Have you ever gone by any other names or aliases? No.

Where were you born? I was born in New York.

And you're a United States citizen? Yes.

What's your Social Security number? And we'll just put x's on the record. Thank you. 051-88-1699.

Sorry. That was 16? 90.

Okay. And, again, just x's on the record. How long have you been married to Melody? A little over five years now. Prior to your marriage to Melody, were you ever married before?

Prior to your marriage to Melody, were you ever married before? No.

What's your highest level of education? I went to college.

What college? New York University.

Did you graduate? Yes.

What year? 2006.

And what is your degree in? Economics.

And aside from NYU, did you go to any other secondary school or graduate school? No.

Have you gone to any trade schools? No.

Do you do you have a professional license? By that, I mean, are you a licensed stockbroker, plumber, or anything like that?

Do you currently have a driver's license? Yes.

In what state? New York.

And when did you first obtain a driver's license? I believe o seventeen.

Has your driver's license ever been suspended or revoked? Objection. But you can answer. Nothing I recall. Were you employed at the time of the accident?

Were you employed at the time of the accident? Self employed.

What what was your job? So I was both a salesperson for Destiny International Realty, not as a w two. I have a ten ninety nine there, and I have my own businesses. What what kind of businesses do you have?

What what kind of businesses do you have? Consulting and real estate.

What what type of consulting work do you do? Various industries.

is it is it commercial, residential, or something else? I don't understand the question. Like, what what type of industries? Like, you said real estate. Is it, like, commercial real estate you deal with or or something else?

industries? Like, you said real estate. Is it, like, commercial real estate you deal with or or something else? Both commercial and residential. K. And what was your job title at Destiny International?

And what was your job title at Destiny International? Salesperson. And who was your supervisor?

And who was your supervisor? Grace Lasek. And what was your annual salary at the time of the accident?

And what was your annual salary at the time of the accident? Wasn't a salaried position.

Approximately, how much did you make weekly at that position at Destiny International? I don't know. Just for the record, my understanding is that the the law of court's claim has not has been withdrawn, so that's not at issue here, but you can continue.

Did you file a workers' compensation claim as a result of the accident that gave rise to this this lawsuit?

Are you currently employed today? Self employed.

positions you just described? I'm not currently with Destiny International Realty. K. What what do you do currently?

Yeah. Yeah. I'm sure I could do it for you too if you want me to just do it. Okay. What do you want me to change? Is that not your name?

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Have you ever served in the military? No. Have you ever been convicted of a crime?

Have you ever served in the military? No.

Aside from this lawsuit, have you ever been involved in a personal injury lawsuit before?

Have you ever been involved in any other type of accident aside from the one gave rise to this lawsuit where you injured your right arm? No. Alright. Ever been involved in a motor vehicle accident where you injured your right arm? No.

Alright. Ever been involved in a motor vehicle accident where you injured your right arm? No.

Ever been involved in any other type of accident where you suffered injuries to the same part of your body that you're alleging you were injured are injured in this lawsuit?

What was the date of the accident that gave rise to this lawsuit? 02/04/2021. And do you remember what day of the week that was?

And do you remember what day of the week that was? Thursday.

And about what time of day did the accident happen? About 05:30.

In the afternoon? Yeah.

Where did the accident happen? In the parking lot.

In the parking lot of of Parking lot behind of 125 Main Street.

Which where where you were living at the time? Correct. Okay. And and where specifically did you fall? Was it in the parking lot, the street, or somewhere else? In the parking lot.

And and where specifically did you fall? Was it in the parking lot, the street, or somewhere else? In the parking lot. Was anyone with you? My wife was with me.

Was anyone with you? My wife was with me.

Anyone else? No.

Where where were you going? I was taking my wife to a doctor's appointment.

K. I mean and had the accident not occurred, where were you where were you planning on going? To the doctor's appointment. K. Were you using your phone at the time of the accident? No.

Were you using your phone at the time of the accident? No.

Did you have a phone at the time of the accident? In my pocket.

Was it a was it a cell phone, a Galaxy, or something else? An an iPhone, I mean. A Galaxy. It was an iPhone. And I'm assuming you've been in this area. Hear what he said when you said it was an iPhone. What was your answer, mister Souka?

It was an iPhone. And I'm assuming you've been in this area. Hear what he said when you said it was an iPhone. What was your answer, mister Souka?

And were were you walking to your car or someplace else? I I don't think I understand the question. Can you repeat that? At at at the time you fell, were you walking to your car, or were you going to catch a bus or or something else? Yes. Walking to the car.

I I don't think I understand the question. Can you repeat that? At at at the time you fell, were you walking to your car, or were you going to catch a bus or or something else? Yes. Walking to the car.

What kind of car did you have at the time? X five BMW.

And your wife's doctor, where was where is it located? I believe in Manhasset. I'm not sure. I don't recall exactly.

Had you gone out at all earlier that day? No.

What time did you wake up on the morning of 02/04/2021? I don't recall. Did you did you have breakfast that morning?

Did you did you have breakfast that morning? I don't recall. Did you have lunch?

Did you have lunch? I don't recall.

Did you have dinner? I don't believe so.

What did you do prior to leaving your house? Objection. Leave an effort. I was working. Approximately, how long had you been working before you before you left at your house?

Approximately, how long had you been working before you before you left at your house? It's an estimate, like, eight hours.

What time did you go to bed on on 02/03/2021? I don't recall. Did you consume any alcohol in the twenty four hours before the accident? No.

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any drugs or intoxicants, including marijuana or THC products in the twenty four hours before the accident? No. Did you take any prescription medications on the date of the accident? No.

Did you take any prescription medications on the date of the accident? No.

Did you take any prescription medications on the date of the accident? No. Did you forget or fail to take any prescription medications you were supposed to take on the date of the accident? No.

K. On the date of the accident, did you have any dizziness? No.

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Any balance problems? No.

Any vision problems? No.

Any problems with arthritis in your legs or knees? No. K. I see that you're wearing glasses. Did you did you have to wear glasses at the time of the accident?

I see that you're wearing glasses. Did you did you have to wear glasses at the time of the accident?

I see that you're wearing glasses. Did you did you have to wear glasses at the time of the accident? Yes. Were were you in fact wearing them at the time of the accident? Yes.

And what are those glasses for? For a vision.

Do they about do they help you improve your can you can you not see far? Can you not see close? Do you have some other other issue? It's for distance.

What was the weather like on the date of the accident? It was cold.

Was it was there any precipitation? Rain, snow? No.

K. Do you know if it had rained or snowed the day before? I believe it was two days beforehand it had snowed and three days beforehand. I'm sorry. It it had snowed two days beforehand and three days beforehand?

I believe it was two days beforehand it had snowed and three days beforehand. I'm sorry. It it had snowed two days beforehand and three days beforehand? I believe it was the two and three days beforehand it had snowed.

explain your question again? Sure. At at the time of the accident, was there any snow accumulation that you noticed on the ground? Yes. How how much approximately?

How how much approximately? I don't know.

And exactly how did you fall? Did you slip, trip, or or something else? I slipped. Okay. Which which foot slipped?

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And did you fall backwards, forwards, or something else? My legs went up in the air. I fell backwards.

Did your body turn or twist? No.

What part of your body hit the ground first? My right hand.

My right hand. What part of your body hit the ground second? I guess my butt. K. Any other parts of your body hit the ground?

K. Any other parts of your body hit the ground? I was on the ground afterwards. K. But do do you recall any other parts of your body specifically hitting the ground?

K. But do do you recall any other parts of your body specifically hitting the ground? I guess my feet and legs.

In what position did you land? Kind of like a seated position almost.

Did you hit your head? I did not, luckily.

Did you lose consciousness at all? No.

What caused you to fall? I slipped on black ice.

Did you observe the ground where you fell after you after you fell? Can you repeat the question? Sure. Did you after you fell, were you able to observe the ground on which you fell?

Can you repeat the question? Sure. Did you after you fell, were you able to observe the ground on which you fell? Yes. I was sitting on it. K.

And what what did you observe on the ground? It was icy. Was there any anything else?

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Was there any anything else? I don't know. Was there any any salt or or sodium chloride on the ground to your knowledge? Nothing.

Did you notice this did you notice this black ice before you fell? No.

Did you notice black ice anywhere else in the parking lot before you fell? No.

Did you notice black ice in the parking lot on the days prior to your fall? You'd said it snowed a few days before. No. I didn't go out. K.

This this time that you went out to take your wife to the doctor, when was the last time you went out before that? I don't recall. After you fell, what happened? Objection. But you can answer.

you fell, what happened? Objection. But you can answer. What what do you mean? Sure. Did your what your your wife was with you?

This this time that you went out to take your wife to the doctor, when was the last time you went out before that?

My wife was with me. Yes. Did she say anything to you? I think I said to her that I broke my arm. I need her to call 911. I'm so sorry. Are you done? Yeah. Before the next question, can we just get a five minute break? Sure. Thank you so much. Hello? Alright. So go ahead. It's the table. Oh,

Alright. Aside from your wife, did anyone see you fall? No.

Did anyone come to your aid? He the lieutenant came and the ambulance came.

Aside from them, did did anyone else immediately after the accident come? Come to help me? Is that the question?

Did did I take any pictures? Yes. No.

I don't know if anybody saw me fall besides my wife. Did you take any pictures after you fell? Did did I take any pictures? Yes.

you take any pictures after you fell? Did did I take any pictures? Yes.

Did did I take any pictures? Yes. No.

Did your wife take any pictures? Yes.

Me fall me after I had fallen onto the floor in agonizing pain, sitting there waiting for the ambulance. Did you take pictures of anything else?

Did you take pictures of anything else? I don't know.

Do you know if anyone else took any pictures of you or the accident scene? I don't know. Were you able to get back up after you fell? No.

Were you able to get back up after you fell? No.

did did you ever I mean, obviously, you got back up, but did you require any assistance in getting up? There was there was ice to the point where the lieutenant almost slipped and fell also. The EMS person that had come almost slipped onto me. The lieutenant screamed at him and told me to get down on his hands and knees and crawl to me with the There was no chance that I could get up. And they put me onto the board and put me into the ambulance. So the EMTs put you so you didn't get up until the EMTs put you on the board and into the ambulance?

So the EMTs put you so you didn't get up until the EMTs put you on the board and into the ambulance? I did not get up after I had fallen. I had to not get up. The EMS put me onto a board with a lieutenant and whoever else was there. They put me into the ambulance. What were the what were the lighting conditions like at the at the time of the accident?

What were the what were the lighting conditions like at the at the time of the accident? What is that? What's the question? It was dark out. Correct? I think it was just getting dark.

Alright. So was the was the sun still up, or was it was it totally dark? It was I don't recall exactly. Were there any street lights or anything in the area?

Were there any street lights or anything in the area? I can't see the street from the back of the parking lot from behind. Any lights in the back of the parking lot? Anything that helped illuminate the the area?

Were there any street lights or anything in the area? I can't see the street from the back of the parking lot from behind. Any lights in the back of the parking lot? Anything that helped illuminate the the area?

Prior to the accident, had you ever made any complaints to the to the building or anyone associated with the building about snow or ice in the parking lot? No. Did you ever make any complaints about snow or ice anywhere else

Did you ever make any complaints about snow or ice anywhere else on the on the facility? No.

Are you aware of any any prior accidents involving snow or ice in that parking lot in particular? No. What were you wearing on the on the date of the accident?

What were you wearing on the on the date of the accident? What was the question? What what were you wearing on the date of the accident? Did you have a jacket on?

What what were you wearing on the date of the accident? Did you have a jacket on? It was cold. I had jeans, jacket, and snow boots.

What kinda what kinda snow boots were they? The brand. Is that what you're asking? Yeah. Sure. The brand. I believe it's Columbia.

The brand. Is that what you're asking? Yeah. Sure. The brand. I believe it's Columbia. Were they actually snow boots or or work boots or something else?

Were they actually snow boots or or work boots or something else? Snow boots.

Do you still have those snow boots? Yes.

When did you purchase those snow boots, if you recall? I don't recall. Were you carrying anything at the time of the accident?

Were you carrying anything at the time of the accident? No.

Did any part of your body come into contact with anything other than the ground as a result of the the slip? Can you repeat the question? Sure. Did your did any part of your body as a result of the slip come into contact with anything else besides the ground, a car,

Did any part of your body come into contact with anything other than the ground as a result of the the slip? Can you repeat the question? Sure. Did your did any part of your body as a result of the slip come into contact with anything else besides the ground, a car,

Great. Did you feel pain immediately after the impact? Yes. A ton of pain, and I was sitting there waiting for the ambulance. I asked my wife for water because I just needed to have have some water. I was in shock.

And where did you feel this pain? In my arm.

In your right arm? My right arm. Did you feel pain anywhere else?

In your right arm? My right arm. Did you feel pain anywhere else? No.

If you had to describe this pain in your right arm on a scale from one to ten, ten being the worst, one being the best, how would you describe it? Tent from the from the elbow to the shoulder was a complete 10.

Were you bleeding from anywhere in your body after the after the impact? No.

Was there any swelling anywhere on your body after the after the fall? I don't recall.

K. Did you have any other visual injuries immediately after the impact anywhere else in your body? Objection. I he didn't answer. He understand. Can you explain the question again? Sure.

Aside from your your right arm, which you you described, did you have any other visual injuries, bleeding, bruising, swelling anywhere else on your body? I was wearing a jacket. You couldn't even see my arm that it was injured. K. Well, were you were you aware of any other any other injuries to any other parts of your body immediately after the fall?

K. Well, were you were you aware of any other any other injuries to any other parts of your body immediately after the fall? No.

you said an ambulance arrived. Who called the ambulance? My wife called 911. And approximately how long

And approximately how long did it take for 911 to arrive after she called? I believe the lieutenant showed up within five minutes or so.

And what police department did that lieutenant belong to? Believe Port Washington. And how long after after

And how long after after that did the ambulance arrive? Couple minutes.

So from the time of the call till the time the ambulance arrived, about about ten minutes went by. Is that fair to say? It's probably a good estimate. K.

Approximately, how long were you on the ground after you fell? Approximately, the ten minutes that I was waiting.

K. Did you speak to the EMTs when they arrived? Sorry?

you speak to the EMTs when they arrived? Sorry? The the EMTs, the the ambulance workers, did you speak to them when they arrived? Yes. K. What did you say to them? Told them I slipped and I fell, and I believe I broke my arm.

And what did they what did they say to you? They told me they're gonna take me to the hospital. Did they treat you at the scene for anything?

Did they treat you at the scene for anything? I can't Did they treat you in the ambulance for for anything?

Did they treat you in the ambulance for for anything? I don't recall.

What hospital did they take you to? Northwell in Manhasset. Did you ask to go to that hospital, or is that just the hospital they took you to?

Did you ask to go to that hospital, or is that just the hospital they took you to? I don't recall.

How long did it take for them to get you to the hospital? As an estimate, maybe five minutes or so.

Other than the EMTs, did anyone else ride in the ambulance with you? No. But no one else is allowed in the ambulance because of COVID at the time.

Did you report your slip and fall to the any property managers or owners of the of the building? I believe that we I had looked for the contact information for the building manager, and the super had come out. He had seen me, and we told the owner of the unit.

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Do you know Jack's last name? I don't.

How long after you fell did Jack come out? I don't know.

What did he say to you? I don't recall.

Did he do anything? I don't recall.

K. And when did you report this accident to the property manager? I don't recall.

Did you fill out a a form or anything like that? I don't believe so. I don't recall, though.

Who specifically did you did you report it to? Do you know his or her name? I don't. I don't recall. No.

Aside from Jack, did anyone else approach you at the accident scene? A lieutenant to EMS. Jack was there. He didn't approach me. His wife was there too. Okay.

And you said you went to North the EMTs took you to North Shore Hospital? Northwell. Northwell?

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Yeah. And it took about five minutes to get there? An estimate would be, like, five, ten minutes or so, something like that. Do you know what time you arrived at Northwell Hospital?

An estimate would be, like, five, ten minutes or so, something like that. Do you know what time you arrived at Northwell Hospital? I don't recall the exact time. And

And did they take you to the emergency room or someplace else? Emergency room. K. And how long were you in the emergency room before you met with a health care provider?

K. And how long were you in the emergency room before you met with a health care provider? I don't recall. And

And when you first met with a health care provider, was it a doctor or nurse or someone else? I don't recall.

Did you see a doctor at the at the hospital?

Do you recall the name of the doctor? No. What what did you

What what did you tell the doctor? What did you complain of? I complained of the pain in my arm in the elbow, in shoulder, and that I had slipped on ice and broke my arm.

And did the doctor examine you? Yes.

it was, like, straight across where it was, like, two water bottle openings trying to line up together, and they would manually have to put it back as best as possible together, but I would need surgery to be able to fix the broken arm. And who who took the X rays? I don't know. The X rays were done at the hospital, though? Yes. And you reviewed the X rays with the doctor before you left? I don't recall. I believe so. Approximately, how long were you in the emergency room?

And who who took the X rays? I don't know. The X rays were done at the hospital, though? Yes. And you reviewed

The X rays were done at the hospital, though? Yes. And you reviewed

The X rays were done at the hospital, though? Yes. And you reviewed the X rays with the doctor before you left? I don't recall. I believe so.

Approximately, how long were you in the emergency room? Approximately seven hours.

Where did you go when you left the hospital? Home.

How did you get home? I don't recall.

Besides your right arm, did they they X-ray any other parts of your body? I don't recall. Did they do any other diagnostic testing like MRIs or or CT scans? No. Are you familiar with a doctor

Did they do any other diagnostic testing like MRIs or or CT scans? No.

Are you familiar with a doctor Ariel Goldman? Yes. K. How are you familiar with with him?

Are you familiar with a doctor Ariel Goldman? Yes. K. How are you familiar with with him?

And who referred you to doctor Goldman? I found him online.

Is he the doctor you treated with at the at the hospital? I don't think so.

When was your first visit with doctor Goldman? The week after the accident.

So approximately February 10, February 11, around there? I believe so. Alright. Where is doctor Goldman's office located?

Alright. Where is doctor Goldman's office located? I believe it's Manhasset also. Approximately, how far from your home at the time was doctor Baldwin's office?

Approximately, how far from your home at the time was doctor Baldwin's office? About the same five or ten minutes. Five to ten minutes.

And on your first visit there, who examined you? Doctor Goldman.

took X rays, and then he told me that my arm was broken. And it was the way he described it is it was, like, straight across where it was, like, two

Can you describe that that initial examination with doctor Goldman? What do you mean? Did he go over any X rays with you? Did he recommend any MRIs,

What do you mean? Did he go over any X rays with you? Did he recommend any MRIs, anything like that? Yeah. He showed me the X-ray and showed me that my arm was broken and told me that I was gonna need a surgery to be able to put it back together.

What surgery did he recommend that you need? I believe it was open reduction where he would need to put in a plate and screws and screw it all back together because my arm was totally pulled apart, basically. So but the wounds were not together. Did There was nothing else that I could do.

There was nothing else that I could do. Did he in fact perform this this surgery on your arm on your right arm? He did. When did he perform that surgery?

Did he in fact perform this this surgery on your arm on your right arm? He did. When did he perform that surgery?

I believe it was February 15. And where did he perform that surgery? At Northwell. And after the after the surgery, how long were you were you hospitalized?

And after the after the surgery, how long were you were you hospitalized? Went home that day.

Approximately, how long did the did the surgery take? He told me that the surgery was gonna take approximately two hours. I believe it was two hours and change.

And approximately how long were you were you in the hospital from start to finish for the for the surgery? I don't recall exactly.

It was all it was all done in a day? You weren't you didn't stay overnight? I did not stay overnight.

Did the surgery alleviate the pain in your right arm? No. Do you do you still have

Do you do you still have pain in your right arm? I still have pain sitting here right now. Yes. Is it

pain in your right arm? I still have pain sitting here right now. Yes. Is it is it better or worse since the surgery? The pain at the time of the surgery was a 10. I could I was screaming every time I would get into Prior to the accident, did you have any any other injury any injuries to your right arm?

Prior to the accident, did you have any any other injury any injuries to your right arm? No. Do you have any surgeries before the before the accident?

to the accident, did you have any any other injury any injuries to your right arm?

Aside from the surgery to your right arm, have you had any other surgeries to any other parts of your body for injuries you alleged to have sustained in this accident? Can you repeat the question? Sure. Aside from aside from the surgery to your right arm that you just described,

Sure. Aside from aside from the surgery to your right arm that you just described, have you had any other surgeries related to injuries you claimed to have sustained in this accident? No. The doctors told me that I followed up with told me that I likely need a second surgery, and I'm very scared to do that.

What kind of surgery did they say you need? One told me I need arthroscopic surgery in the right shoulder. The others told me that I likely need other surgeries that are even more intensive, but I'm scared to do any of that. What doctor told you that you need a right shoulder surgery?

What doctor told you that you need a right shoulder surgery? I saw three doctors after doctor Goldman, and all three of them told me that I'd likely need surgery.

What are the names of the three doctors that you saw after the surgery? I saw doctor Tuchman. I saw doctor Gulato, and I saw doctor Degg. And who is that third doctor? Dagley. Dagley?

And who is that third doctor? Dagley. Dagley? Do you know doctor Tuchman's first name?

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K. And who referred you to doctor Tuchman? I wasn't referred to them.

How did how did you come to learn of him? He works in the same office as doctor Mustafavi. Who's doctor Mustafavi? Mustafavi

was the first doctor that I saw after the accident. And how did you learn about doctor Mustafavi? My wife had seen him. He's an orthopedic doctor. K. And is doctor Tuckman also an orthopedic doctor? Yes.

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Do you know what he specializes in? I believe in the shoulder.

And this other doctor is a doctor Galito, you said? Or Galato. Galato? Do you know his first name?

Do you know his first name? I don't. K. And how did you learn of doctor Galato?

K. And how did you learn of doctor Galato? I had seen somebody who looked like they had a shoulder surgery in my daughter's office doctor's office. And I asked him, you know, did you have shoulder surgery? He said yes. And he told me the doctor's name. Where is doctor Gallardo's office located?

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K. And this guy, you did did you ever see him before that recommended him to you, or he's just, you know, somebody you met randomly? Met randomly. How did you know he had shoulder surgery? It looked like he could have been, and I think he had, like, writing up on his shoulder.

It looked like he could have been, and I think he had, like, writing up on his shoulder.

when when was your first treatment with or first visit with doctor Gallato? I don't recall. Do you know what kind of doctor doctor Gallato is?

Do you know what kind of doctor doctor Gallato is? He's one of the top doctors in HSS for shoulders.

And did he did he have you had multiple visits with him, or was it just that one visit? I don't recall.

Doctor Tuckman or doctor Gallato, did they recommend that you go on undergo any MRIs on your shoulder or any other MRIs in the other part of your body? Yes. Did you in fact undergo MRIs on your on your right shoulder? I did MRIs for my shoulder and my elbow.

Did you in fact undergo MRIs on your on your right shoulder? I did MRIs for my shoulder and my elbow.

When did you do the MRI on your shoulder? After doctor Tunker told me to.

When was that? I don't recall the exact date.

Where did you get this MRI? Zuweigwerpissieri. Where is that? What was that? Zwanger Passeri.

Where is that? What was that? Zwanger Passeri.

Is that a a doctor name or a name of a is that the name of the place where they did it? That's the name of the place that they did it at. Where is that located? I don't recall. K. Is that where doctor Tuffman told you to go? Or

Is that a a doctor name or a name of a is that the name of the place where they did it? That's the name of the place that they did it at. Where is that located? I don't recall.

K. Is that where doctor Tuffman told you to go? Or Don't. I don't recall.

K. Where where is that that place located with respect? Or or where is it located? I believe Plainview. I'm not sure. And that's on Long Island? Yes.

And that's in Miami? Yeah. You said you went to Hawaii as well. Yeah. When was that?

How far is it from your from your home? We have twenty minutes.

Alright. And how many times did you treat with doctor Tuchman or visit with doctor Tuchman? I don't recall exactly. Did he review the MRI results with you? Yes.

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Where did you get your elbow MRI? In the office, I believe, downstairs from where doctor Tuchman's office is. Where is doctor Tuchman's office? In Manhasset.

Where did you get your elbow MRI? In the office, I believe, downstairs

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In the office, I believe, downstairs from where doctor Tuchman's office is. Where is doctor Tuchman's office? In Manhasset. Do you know the name of that

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you know the name of that facility? Or I don't recall. K. Aside from the your elbow and your shoulder,

did you have any other body parts MRI'd since this since this accident? No. K. And you said you mentioned a a third doctor, doctor Dagley, was it? Yeah.

And you said you mentioned a a third doctor, doctor Dagley, was it? Yeah. K. How did you come to learn of doctor Dagley?

K. How did you come to learn of doctor Dagley? I found him online. And where is his office located?

And where is his office located? I don't recall. When did you first visit with him? I don't recall the exact date. What kind of doctor is he?

When did you first visit with him? I don't recall the exact date. What kind of doctor is he?

When did you first visit with him? I don't recall the exact date. What kind of doctor is he? He's also an orthopedic specialist. Specializing in the shoulder or some other body part?

Specializing in the shoulder or some other body part? I don't recall. K. Did any of these doctors diagnose you with any any injury or condition with respect to your right shoulder?

weakness and that the it likely needs surgery to be able to bring the pain down and to get the full range of motion hopefully back. And did all all three of these doctors recommend that you have surgery on your right shoulder? Yes. Did did any of them recommend anything other than surgery?

And did all all three of these doctors recommend that you have surgery on your right shoulder? Yes. Did did any of them recommend anything other than surgery?

Gulotta told me I can take shots and try that. Did you take shots? No. Did they recommend physical therapy? I had done physical therapy after

Did you take shots? No.

doctor Goldman had told me to, and I did that for almost two years. When when did you start physical therapy? I believe it was immediately after my surgery. So that was about 2021?

I believe it was immediately after my surgery. So that was about 2021? Yeah. Where did you where did you do physical therapy?

So that was about 2021? Yeah. Where did you where did you do physical therapy?

Yeah. Where did you where did you do physical therapy? Stars. Where's that? Manhasset.

K. Where where is that that place located with respect? Or or where is it located?

And how did you learn about that place? My wife had gone to them. And what about how many you said you went for about approximately two years.

My wife had gone to them. And what about how many you said you went for about approximately two years. How many times a week would you would you go? Two to three times a week for about twenty to twenty four twenty months or so. Okay. And what kind of what parts of your body did you work My right arm and shoulder and elbow.

the physical therapy help alleviate your pain at all? They can you repeat the question? Sure. Did the physical therapy help alleviate your pain?

It helped me live with my with my arm that wasn't working. After you completed physical therapy, was it would you say that your shoulder was better, worse, or about the same?

When I walked out, I was still able to at least be able to pick up a bottle of water. So the physical therapy helped? Yes. And not only with your shoulder, it helped with your arm as well and your elbow? I couldn't move anything when I walked into the office. K. When was the last time you went for physical therapy? I don't recall. Do you currently have any surgeries scheduled relative to the injuries you alleged to have sustained in the accident?

When I walked out, I was still able to at least be able to pick up a bottle of water. So the physical therapy helped? Yes. And not only with your shoulder, it helped with your arm as well and your elbow?

I couldn't move anything when I walked into the office. K. When was the last time you went for physical therapy? I don't recall. Do you currently have any

When was the last time you went for physical therapy? I don't recall. Do you currently have any surgeries scheduled

go for surgery. I've just been putting it off because of the fact that I have two young kids, and I don't wanna take the risk of a drop wrist or having to go through again another two years of recovery and potentially ending up in the same position without having to be able to help my family throughout the time. This is surgery on your right shoulder of your computer? Ask question. Just one word. Sir, you said partly. I have two young kids, and I don't wanna take the risk. A dropped risk. What was that word? Drop? Drop drop risk. Drop wrist. Got it. I missed your last question. Could you please repeat that?

And that's in Miami? Yeah. You said you went to Hawaii as well. Yeah. When was that?

Are you considering any other surgeries? No. Are you currently treating for any of the injuries that you alleged to have sustained in this accident?

Are you currently treating for any of the injuries that you alleged to have sustained in this accident? No. Treating with a a doctor? Is that what you mean? Yes. Are you current are you currently treating with any doctor whatsoever for any injuries you elect to have sustained in this accident?

Treating with a a doctor? Is that what you mean? Yes. Are you current are you currently treating with any doctor whatsoever for any injuries you elect to have sustained in this accident? No. K. Is there anything that you could do before the accident that you cannot do now?

Is there anything that you could do before the accident that you cannot do now? Many things. K. Like like what, for instance? Playing sports, being able to pick things up, being able to

when I have to switch to the right arm for quick second, it's very uncomfortable and does result in further pain. You you mentioned you mentioned sports. Before the accident, did you did you play any sports? I would play sports. I would swim. I would do things to try to be active. I would go to the gym. A lot of these things, I can't do any. What sports did you play? I would play basketball. I would swim. I would play tennis. And you're not able to do any of those things anymore? I'm able to do things with a large amount of pain. So it's not that, you know, my arm doesn't move at all. My arm thankfully does move, and I could do things, but it it either causes

A lot of these things, I can't do any. What sports did you play? I would play basketball. I would swim. I would play tennis. And you're not able to do any of those things anymore? I'm able to do things with a large amount of pain. So it's not that, you know, my arm doesn't move at all. My arm thankfully does move, and I

I would play basketball. I would swim. I would play tennis. And you're not able to do any of those things anymore?

a ton of pain at the time or thereafter also. Where did you you said you would play tennis. Where where would you play tennis before the accident? I would play socially. K. And all these all these sports, you said, were you in were you in any leagues, or did you just play with friends or socially? Like I was friends socially.

play tennis. Where where would you play tennis before the accident? I would play socially. K. And all these all these sports, you said, were you in were you in any leagues, or did you just play with friends or socially? Like I was friends socially.

K. And all these all these sports, you said, were you in were you in any leagues, or did you just play with friends or socially? Like I was friends socially. Okay. And you're you're no longer able to are you able to play any sports now? I can't I can't play a game of basketball. I

I can't I can't play a game of basketball. I Can you play tennis? No. Do Do you have any social media accounts? I do. Do you have Facebook?

Can you play tennis? No. Do Do you have any social media accounts?

Do Do you have any social media accounts? I do. Do you have Facebook?

Do you have any outstanding

Do you have any outstanding

Do you have Twitter or X? Yes.

Do you have LinkedIn? Yes. Do you have Snapchat?

Do you have Snapchat? I don't recall. Do you have TikTok?

Do you have TikTok? No.

accounts on any other platforms that I haven't mentioned? I don't recall. Have you ever posted anything on social media regarding the accident? I posted one picture.

Have you ever posted anything on social media regarding the accident? I posted one picture. And which picture is that? Picture of my arm

Picture of my arm wrapped up after the accident. And who took that picture? My wife. When did you post it?

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When did you post it? Couple of days after the accident. Any other posts?

Any other posts? No.

Any other any other posts about your your injuries? No. In the two years since the accident or how however long it's been since the accident,

Have you traveled outside of The United States? No. Have you traveled outside of the state of New York? Yes. Where have you gone? I believe New York, Florida, and Hawaii.

Have you traveled outside of the state of New York? Yes. Where have you gone?

I believe New York, Florida, and Hawaii. According to New York. Sorry. New Jersey. Oh, okay. When did you go to Florida?

When did you go to Florida? I don't recall. How many times have you gone to to Florida?

How many times have you gone to to Florida? I think once. Where did you go in Florida?

Where did you go in Florida? I don't recall. Was it for vacation,

I believe to go see family in Miami. And how did you get to Miami? Via plane. And how did you get back?

And how did you get to Miami? Via plane. And how did you get back?

And how did you get back from Hawaii?

How long were you there? I don't recall. Where did where did you stay?

I stayed in a hotel, Nobu Hotel. And that's in Miami? Yeah. You said you went to Hawaii as well. Yeah. When was that?

And that's in Miami? Yeah. You said you went to Hawaii as well. Yeah. When was that?

You said you went to Hawaii as well. Yeah. When was that?

You said you went to Hawaii as well. Yeah. When was that? I don't recall. Did you get to Hawaii?

How long were you in Hawaii for? Couple of days. And where where specifically did you go in Hawaii?

And where where specifically did you go in Hawaii? Maui. K. And was this for a vacation, business, or something else? Vacation.

K. And was this for a vacation, business, or something else? Vacation. K. And where did you stay in Maui? A hotel. What was the name of the hotel?

K. And where did you stay in Maui? A hotel. What was the name of the hotel?

What was the name of the hotel? I don't recall. And how did you get back from Hawaii?

And how did you get back from Hawaii? Plain. And these flights to Florida and Hawaii, are these are these commercial flights you took or private flights or something else? Commercial.

And these flights to Florida and Hawaii, are these are these commercial flights you took or private flights or something else? Commercial. K. Since the accident, have you taken out any any loans? Objection. I'm gonna talk to a witness not that. And is there any questions about

who paid for it? My insurance company, UnitedHealthcare. K. And you had insurance at the time of the accident? Yes. K. And how did you what kind of plan did you have? I don't know. Did you obtain it through your employment or some other way? It's through my wife's employment. Oh, okay. Where and where does your wife work? She works at Hadassah. Hadassah? Hadassah, it's called. K. What what kind of business or establishment is that? It's a non for profit that

K. And you had insurance at the time of the accident? Yes. K. And how did you what

kind of plan did you have? I don't know. Did you obtain it through your employment or some other way?

Did you obtain it through your employment or some other way? It's through my wife's employment. Oh, okay. Where and where does your wife work? She works at Hadassah.

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K. What what kind of business or establishment is that? It's a non for profit that works with a hospital. Do you have any outstanding

medical bills as a result of your treatment? I don't believe so. K. Are you aware of any any liens that any health care provider or medical

K. Are you aware of any any liens that any health care provider or medical company has with respect to your treatment? I don't know. K. I don't have anything further at this time. Can I can we take just a quick break? Sure. Just a couple minutes. I'm not I'm not even gonna go anywhere. I just wanna

within the last year, I believe it was. Where where did you go in Canada? Montreal. And how did how did you get there? I took a plane also. How long were you were you in Canada or in Montreal? A couple of days. Was it for business, vacation, or something else? Vacation. K. And you said you went to was it California to Hawaii one one trip? Went to California. Stayed there, I think, for, like, a couple of days. Went to Hawaii and then back to California to New York. Okay. And that was for your honeymoon? Yes. And do you recall when when exactly that was? I believe the 2021.

Where where did you go in Canada? Montreal. And how did how did you get there? I took a plane also.

And how did how did you get there? I took a plane also. How long were you were you in Canada or in Montreal?

How long were you in Hawaii for? Couple of days. And where where specifically did you go in Hawaii?

Was it for business, vacation, or something else? Vacation. K. And you said you went to

and then back to California to New York. Okay. And that was for your honeymoon? Yes. And do you recall when when exactly that was? I believe the 2021. Have you and the my question about loans. Have you taken out any loans since this since this accident?

Okay. And that was for your honeymoon? Yes. And do you recall when when exactly that was?

Yes. And do you recall when when exactly that was? I believe the 2021. Have you and the my question about loans. Have you taken out any loans since this since this accident?

and the my question about loans. Have you taken out any loans since this since this accident? Related to Related to litigation funding. Okay. Yeah. Or treatment funding? No. K. Alright. I I appreciate your your clarification. I don't have anything further at this time. I might be missing some medical records relative to shoulder treatment. We can go off the record on this. I I so