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Sample Car Accident Defendant's Deposition Part 3

A. Yes, sir.
Q. Does that car go straight or does it turn?
A. The car in front of me to my recollection went straight. Because I was behind a vehicle as I proceeded west on Green --west on Main Avenue.
Q. So, your recollection is that vehicle went straight through the intersection as you did following it?
A. Yes, sir. It was at least one car, may have been two cars in front of me. I don't re - like I say, I don't --I don't recall exactly, but there were cars in front of me. And I was behind a vehicle. And as I went through the intersection, the intersect --the street sort of bends a little bit, and we went close --as I mentioned before, close to the center -
MR. HUNTER: Mr. Manning, the question was: Did the car in front of you go straight?
A. The car in front of me went straight.
Q. Okay. And there was at least one there, possibly was two?
A. Possibly two.
Q. But no more?
A. I don't know, sir. I don't recall.
Q. Okay. As you go through the intersection of River coming west on Main Avenue, there's at least one car ahead of you, maybe two, perhaps even more. Is there anyone behind you?
A. To my knowledge, there were a flow of traffic behind me.
Q. Okay. And as you're driving, you cross the intersection and now you're heading west on Main Avenue. Are you generally going up hill,down hill, level?
A. It's a little bit of a --if I recall -I'm trying to recall because --it's a little bit of an incline --of an incline up.
Q. Okay. Is there a court or a cul-de-sac that you come up to on the right, Princeton Court?
A. Yes, sir.
Q. Okay. You know that from being familiar with the area?
A. I know --I know the --yeah, I know that there's a --I know there's a court there.
Q. Okay. And Main Avenue in this area right around Princeton Court is one lane in each direction?
A. When there are cars parked on both sides of the street, sir, it's one lane in each direction. I don't recall whether or not there are times when there's no parking on either side. I don't --I don't know if there are certain times. But when I was driving, it was one lane in each direction.
Q. Okay. As far as markings on the roadway, is it a double yellow line in the middle?
A. It's a double line, yes.
Q. Are there any white dividing lines indicating that there's more than one lane in this area where the accident happened?
A. You mean within the same travel portion? Where the -
Q. Yes. In other words, on your westbound lane, are there any white markings that would indicate -
A. No. No, sir, not to my knowledge.
Q. How would you describe the weather conditions then as you go through the light at
River heading west on Main? Was it raining?
10 A. Don't believe so.
11 Q. Was it snowing?
12 A. Don't believe so.
13 Q. Were the roadways dry?
A. To my knowledge.
Q. Was it dark?
A. Very dark.
Q. Darker than usual?
A. Darker than usual.
Q. Why was that as far as could you tell?
A. Ask God. I don't know, sir. You're asking me why was it dark. I don't know.
Q. Well, no. I'm saying, why is it darker than usual?
A. I don't know, sir, why is it darker.
Q. But that's how it seemed to you?
A. Yes, sir. Cloudy, dark.
Q. Darker than usual?
A. Yes.
Q. Did you have your headlights on?
A. Yes, sir.
Q. Were you having any problems seeing as you were driving coming through the intersection of River and Main?
A. No problem seeing per se, sir. As I mentioned to you, there was a flow of traffic coming towards --towards us on the other side with the -with their headlights, and I don't recall if any of those persons had their high beams on or not. But I'm just saying there was a flow of headlights - headlights coming towards us.
Q. From the time you crossed the intersection of River and Main, how many cars were coming the opposite direction? Was it more than one?
A. Yes, sir.
Q. Okay. And again, you seem to be mentioning headlight glare. Are you saying that at any point in time a glare from some eastbound headlight obstructed your view or interfered with your ability to see?
A. What I'm saying is, that there were headlights coming towards us. And those --that -headlights in conjunction with being so dark -could have --could have ob --lessened the ability of anyone to see as much as they normally would see.
Q. But I'm asking: That evening, do you feel that the oncoming headlights lessened your ability to see what was in front of you?
A. A little bit possibly.
Q. So, what did you do?
A. I glanced away from them. Looked towards the --what you normally do, you're supposed to do, is to glance away from the headlights, not --not look into the glare.
Q. Okay. So, you glanced to the right, your right?
A. To my right a little bit.
Q. Okay. Now, when you're saying glance which implies a temporary look and then look back -
A. Uh-huh.
Q. --did you focus your eyes more toward he right side of the road, or were you glancing back and forth?
A. Glancing back and --moved around. Glanced --not back and forth, sir. I got to keep my eye on the --on the road where I'm going. I can't be driving like this, you know, to the side. I'm watching where I'm going, but I'm scanning with my eyes. I'm scanning the area, you know, not --you know, to avoid the --any --any particular light --you know, any glare.
Q. And as you cross the intersection of River and Main, what are you scanning for?
A. My --I always look for any --any type of hazard in the road. I always look to see if there's anything that could possibly be a danger in the road.
Q. Pedestrians?
A. Pedestrians. Somebody opening a car door. A child running in --running in the street. Any --anything. You try to be alert. I try to be as alert as possible when I'm driving.
Q. So, take me then from --you cross the intersection of River. There's one or two or maybe more cars in front of you, but at least one.
A. Uh-huh.
Q. There's someone behind you. You have your headlights on. You're scanning the area in front of you as you're driving. Take me from that point and tell me what happens.
A. I heard a thud against the right side of my car where the passenger door is. Felt --sounded like it was at the lower part of the passenger door. And I didn't know what it --I said to myself, what --what hit me? What --what's going --and I immediately slowed down. Came to a stop. Observed a spot where I could pull over safely, be out of the flow of traffic. Pulled to the curb. At this point, the dog came up to --when I pulled over, the dog came up on the front seat. I left her there. I secured the car. I exited the car. I looked back. I saw something in the --I saw --in the road.
Q. You saw Mr. Frederick in the road?
A. Well, I didn't know at that point what was --what had --what was there. But it looked like it was a person. I didn't know exactly. I walked --I walked --started to walk back. I saw --I saw people gathered around. I saw cars stopped. And as I said, I saw a gentleman. I saw somebody in the road. Actually what I saw first was like dark blue. Like a dark --I didn't know what it was, dark blue. And as I got closer, I said, oh, my God. Somebody --there's --you know, somebody walked - somebody hit my car. Somebody walked into the car. Something happened. And I walked back to the --to the scene of the accident. To the scene.
Q. Did you go up to Mr. Frederick?
A. No, sir. People were around Mr. Frederick.
Q. When you say you walked back to the scene, where did you go?
A. I walked onto the curb. I walked back at the --where the --I walked right near the --where he was, but I didn't go up to him. There were several people around Mr. Frederick comforting him. Somebody putting something under his head and --and so forth. And I felt if I walked up to the gentleman, walked up with all the people there, there wasn't anything that I could personally do at that point. Best thing for me was just --was to stay there. And I called 911, immediately called
911 at that time.
Q. And when you called 911, what did you say?
A. I said, there was an accident, need an ambulance. I need an ambulance. And the lady on
the phone was trying to ask me some different questions, and I gave her the ad --I gave her the location, and I was nervous. I said, I need an ambulance. Please ask these questions, you know, who am I, all this afterwards. Please get an ambulance. And she was on the --there for a while. And then she --I don't know, the phone disconnected. And I called right back. And I called a second time, and the person the second time said, we have --an ambulance is on the way. An ambulance is on the way. And I stayed there. And that's when - you know, like I said, I went over to the side. That's when this other lady came over. And that was --and then --and I made --I was there. I do --I do recall someone screaming out very loud, hit and run, hit and run. And I raised my hand. I said, no, I'm here, I'm here.
Q. When you heard the noise to the right side of your car and toward the passenger side, where were you looking? You said you heard, but you didn't see.
A. I didn't -
Q. Where were you looking?
A. I was looking ahead at the --there was a car in front of me. And I was watching the traffic. And I was looking to --I was looking as I drove. You know, you can see through the windshield. You can see --I was look --I was observing as best I could be.
Q. But you saw nothing?
A. I didn't see the person. As I said to the police, I heard the noise. I heard the noise.
Q. Do you have any explanation as to why you didn't see Mr. Frederick before the contact between your vehicle and him?
A. I mentioned it already, sir, that it was very dark and so forth. The only other reason - only other thing that I can understand, sir, is that the gentleman was not visible. He had very dark clothes on. He was --from what I could see when he was on the ground, he was a small person. He just was --he just blended --blended in. I don't know. I'm not trying to make excuses to you or anything else. I'm being just very honest with you. I'm driving as a normal driver. And there was -
Q. Did you consider yourself to be at fault for striking Mr. Frederick?
A. No, sir.
MR. HUNTER: Objection. Go ahead, you can answer.
A. No, sir.
Q. Why not?
MR. HUNTER: Objection. Go ahead, you can answer.
A. Because I was operating my car in a proper --in a proper manner at the time. The police investigated the accident thoroughly. I was not charged with an --with an offense. There was no indication that this was anything more than an accident.
Q. Okay. You don't have any facts that you saw or heard or smelled or felt at the scene that Mr. Frederick did anything to cause the accident; do you?
MR. HUNTER: Objection. Go ahead, you can answer, sir.
A. Mr. Frederick was not in the crosswalk. He was in a flow of traffic in a busy intersection. Well, not intersection, excuse me. A busy traveled roadway. And by doing so by my understanding, he put himself in peril of being injured. And --and if I did that and I something happened to me, I would consider that I contributed to my own injuries by my own actions. And it's by the grace of God, I'm either --I would --whatever would happen happened, it would be an accident.
Q. If we were to assume that Mr. Frederick was standing in the travel portion of westbound Main Avenue, why wouldn't you see him standing there as you drove up Main Avenue?
MR. HUNTER: Objection. Assumes facts not necessarily in evidence. Go ahead, sir, you can answer.
Q. Assume he was standing there in the street like you seem to be saying he must have been, do you have any explanation as to why you wouldn't see him?
A. Because of the weather being very dark and the gentleman being in very dark clothes, blending in, and not making himself visible. I personally, sir, would not have put myself in that position. If I were to go back and forth to my vehicle at night like that, I would have worn something that's reflective. I would have worn something that would obviously be seen.
Q. In your experience, is that what people do when they're going out to their car from their
house, they put on reflective clothing to cross the street?
A. If it's a busy street -
MR. HUNTER: Objection. Go ahead.
Q. I'm just asking: Is that your experience?
A. Yes, sir.
MR. HUNTER: Objection.
Q. It is?
A. Yes, sir, I do. I do.
Q. What reflective clothing do you put on to cross the street to your vehicle?
MR. HUNTER: Objection. Go ahead.
A. A jacket.
Q. A jacket?
A. A vest. An orange vest or a yellow vest. I also ride a motorcycle, or did ride a motorcycle. And, so, I'm --I know to make myself visible when it's at night. I know that. And you asked about the driver improvement before, I know -
MR. HUNTER: Wait for the next question, Mr. Manning.
Q. You can go ahead and tell me.
MR. HUNTER: Go ahead. You can finish.
Q. Go ahead and finish your thought.
A. I know that, to make yourself visible if you are in a roadway.
Q. Your driver improvement materials say on Page 52 of the materials, quote, your driving performance is constantly being challenged on the roadway because of collision potential with numerous hazards that exist, not only with trucks and cars, but even bicycles and pedestrians.
A. Uh-huh.
Q. Do you agree with that statement?
A. I agree with that.
Q. As you crossed River intersection and you're coming up what you think is a slight incline there towards Princeton Court, there is a vehicle in front of you, at least one you told us?
A. Yes.
Q. What speed are you going as you are coming up this slight incline towards Princeton Court
on Main Avenue
A. I estimate I was going between 15 - around 15. No more than 20 miles an hour.
Q. Was the vehicle in front of you doing approximately the same speed from what you could tell?
A. Approximately the same speed. I was behind that vehicle.
Q. How much distance were you behind that vehicle as you approached Princeton Court?
A. Approximately one and a half car lengths.
Q. As you are coming up that slight incline from the River intersection going the speed you told us you were going following the car at the distance you told us you were following it, did you see any cars parked on the right side of the road?
A. Yes, sir.
Q. Where were they in reference to Princeton Court, before Princeton Court or beyond it?
A. There were cars parked, I know, beyond Princeton Court.
Q. Okay. Could you see them as you were coming up the incline before you got to Princeton?
A. Yes. You could see cars that --you could see that there was only one lane of traffic because there were cars parked all along. May have even been a car --I don't recall exactly, but there
may have been a car before we got to Princeton. But there were --the whole --both sides of the street, there were cars parked. There was one spot. I had to look for it to be able to pull in to get into a safe spot. And that's why I had to walk back is because there was --I had to locate a spot to be able to get out of the roadway.
Q. So, as you're coming up the incline of Main Avenue westbound towards Princeton Court, you see cars parked on the right side of the road on your right?
A. Yes, sir.
Q. You make that observation before you get to Princeton Court?
A. Yes, sir.
Q. What color were those cars?
A. Dark. Some were dark. Some were light.
Q. Okay. But you saw those cars?
A. I saw there were cars.
Q. Okay.
A. Once I saw one car, then you stay –and I saw the car --I'm staying behind the car in front of me.
Q. Right.
A. I'm not looking to pass him. I'm not trying to go around him.
Q. No, no. I understand that.
MR. HUNTER: Wait for his question.
Q. I understand that, sir. I'm saying, your headlights picked up the dark cars parked on the side of the road?
A. Picked up the shadow of the cars, yes. Picked up a shadow.
Q. Did you see any person standing next to any of those cars that were parked as you're coming up to Princeton Court?
A. No. I answered that, sir. No.
Q. The answer is no. Did the car in front of you strike anyone?
A. Not to my knowledge.
Q. Did that car stop after the accident?
A. No, sir. The car continued --continued to proceed as it had. I just watched its tail lights go off in the distance.
Q. Where was that car ahead of you in relation to you when you heard the noise?
A. About a car --like I said, about a car to a car and a half length in front of me.
Q. Did that car have its headlights on?
A. To my knowledge. I don't know. I wasn't --I couldn't see the front of the car. I assume it did.
Q. Were you distracted by anything just prior to hearing the noise?
A. No, sir.
Q. You would agree with me that --well, strike that. Do you know how wide that westbound lane of Main Avenue is in the area where the accident happened?
A. I haven't measured it, sir, not to be smart. I haven't measured it. I don't --it's a two lane --it's two lanes if you --if you include the lane where the cars are parked on each side of the road. And I --what's a car? A car is about five feet wide, and you got the mirrors on the side come out about six inches on each side. So, you have about --a vehicle is about six feet wide if you give for the mirrors.
Q. Okay.

A. So, I guess --you know. So, I guess a lane --what's a lane, about eight feet wide I guess, something like that.
Q. Well, I'm --actually we know exactly what it is because the police measured it there.
A. I don't know.
Q. And it's 20 feet. The westbound lane is 20 feet, 3 inches wide.
A. Okay.
Q. And your vehicle is about six feet wide. How close were you passing to those parked cars?
A. I was a good distance away, sir. I was closer --I was close to the center line.
Q. How about the car in front of you?
A. Close to the center line. I was behind the car. I was approximately 12 inches from the center line.
Q. So, you were about a foot from the center line. Your vehicle was about six feet wide, that's seven feet. And it's a 20-foot wide roadway. What's your --what do you think? I understand you didn't see Mr. Frederick. Where do you think he was?
A. I don't know, sir. I don't know. You're asking me for speculation, and I --I don't know. I don't know because I didn't see him.
Q. No, I understand. But since then, I'm sure you've thought about what happened.
A. Are you --are you -
MR. HUNTER: Let him finish his question.
Q. I'm asking: Did you come to some, you know, idea of --in your own mind, just what you thought yourself? You know, I know you didn't see him, but did you come to in your own mind in trying to piece together what happened where he must have been?
MR. HUNTER: Objection. Go ahead, sir.
A. Are you asking --are you asking me to speculate as to what I think may have occurred?
Q. Yes, sir.
MR. HUNTER: Well, objection. I'm not sure I want you to speculate, but to keep things moving
MR. FIORE: I appreciate that.
MR. HUNTER: --go ahead, sir.
Q. I'm saying in your own mind, you know, obviously you had contact with Mr. Frederick. He's dead. You were there. He was there. I know you didn't see him. But since that time, I'm sure you've replayed it in your mind. Did you come to some idea or hypothesis as to where he had to have been?
MR. HUNTER: Objection. Go ahead, you can answer, sir.
A. Again --so, you're asking me to speculate, and --and I don't feel comfortable speculating about what was in somebody else's mind or what somebody else was trying to do at a particular point in time. It's an unfortunate accident that occurred. I feel sorry for the family. I don't want to try to --to try to think about where a 79-year old frail man may have been on a dark night trying to cross the street. I --I think in my own mind that for a moment there for whatever reason, he wasn't paying attention and he stepped away from a safe zone wherever he --what he thought was a safe zone. And he stepped out into traffic. And he --unfortunately when he did so, he touched a moving vehicle and he was injured. And the injury proved fatal. By the grace of God, it wasn't --you know, that's what happened. I --I can't speculate where he --I don't know if he was next to his car. I don't know if he was in the middle of the roadway. I don't know if he was --if he had stand behind his car and he started to walk out. You know, you have to ask the police. I don't know.
MR. HUNTER: That's fine.
Q. Mr. Manning, we're back on the record. You understand when we took the brief break, I showed you a photograph. It's now marked as Exhibit No. 2 on the back, and the photograph is down next to you. It's a photograph taken by, we believe, the police on the night of the --the night of the occurrence, and you have a pointer there. You had told us when you came up from the light at River and you came up toward Princeton Court, you could see cars parked on the right side of the road. There may have been some even before Princeton Court, but there certainly was some after Princeton Court. Do you see in Exhibit 2 any of the cars that you did see westbound Main Avenue approaching Princeton Court?
A. I know that this car --I know that there was cars there, sir. I --as I approached, I was driving. I can't --I can't identify these --the cars per se by model and features when --from the 8 question that you're asking. Because I wasn't looking at the model and feature of the cars. I saw 10 cars parked.
11 Q. Right. But do you remember now looking at photograph Exhibit No. 2, the parked cars that are shown there, do you remember now seeing any of those parked cars as you were driving up?
A. You're asking me a different --you're asking me a question, sir, which I just answered. I can't answer as I was driving up if those were the 11:47:40 cars that were parked at that --as I --as I approached. I remember --I know there were cars on the right side of the road.
Q. Okay.
A. Now --go ahead.
Q. You said you --in your testimony, you recall seeing a dark colored car. Is that the car that's shown closest in the photograph?
A. That's the car that's shown closest in the photograph that I know was there. Because after the accident and I walked back, I observed what appeared --what --an SUV.
Q. Okay. Can you point to that car -
A. (Complies.)
Q. --on Exhibit 2? And you're pointing to it.
A. Uh-huh. And the car in --there was a car in front of that. There were two --there were cars parked there because I had to park further up the street and then walk back.
Q. Okay. Is your car shown in Exhibit 2?
A. I can't identify positively, but it appears that my --that the car I was driving is at the --the farthest one that's parked pointed inward towards the curb, but not all the way into the curb.
Q. Okay, thank you. We're done with the exhibit. Thank you, sir. You had told us that there was at least one car in front of you, possibly two or three as a matter of fact. You don't contend that any of those cars struck Mr. Frederick; do you?
A. I'm not prepared to say whether those cars did or did not. They did not appear to strike anyone. I heard a thudding --a thud, a noise, a thud against the right side of my car. I --those cars continued to drive. I can't answer.
Q. All right. Would you agree with me that those cars ahead of you, whether it was one, two or three, but it was definitely at least one, that those cars ahead of you had to have passed Mr. Frederick before you struck him?
MR. HUNTER: Objection. Go ahead, sir, you can answer.
A. Well, I have --you're using terms here saying that I struck him. And I don't know that I struck him. I heard a noise against the side of my car. Something hitting against the side of my car indicates that something struck me.

Q. You're not --you don't for a minute think as you sit here that you're not the person that struck Mr. Frederick; are you?
MR. HUNTER: Objection. Go ahead.
A. I object, sir, to that question. Because as I said before, I heard a noise against the side of my car. Not in the front of my car. Against the side. And as such, it appeared --and as I said earlier that it appeared that something hit the side of my vehicle. I can't answer how it --how that occurred, but that's what I heard.
Q. Okay. And do you have any doubt in your mind that what you heard was you striking Mr. Frederick?
MR. HUNTER: Objection.
A. Again, sir -
MR. HUNTER: I think, counsel, just --I think he's respectfully quarreling with the characterization of striking. I think if --if maybe we can finalize this area just in --his vehicle contacted –had contact with Mr. Frederick.
Q. Is that --is that what the issue is, the word struck as opposed to came into contact? Let me
ask it this way, sir: You don't contend as we sit here today that you did not come in contact with Mr. Frederick. You agree that your vehicle came in contact with Mr. Frederick; correct?
A. I agree that --I would state that Mr. Frederick came in contact with my vehicle.
Q. Okay. And Mr. Frederick did not come in contact with the one, two or three vehicles that
passed -
A. Not to my-
Q. --directly before you passed the point?
A. Not to my knowledge, sir. It could --it could have been. I was behind the vehicle in front of me. I don't know if he hit --if he glanced that car and was thrown back. I don't know what happened. All I know is that I heard a thud against the side, the passenger side of my vehicle, but
where the door is, where the passenger door is.
Q. Have you seen anything in the police investigation that indicates that anyone other than
you came into contact with Mr. Frederick?
A. I have not reviewed the police report.
Q. If that report doesn't say anything about any possibility of anyone other than you contacting Mr. Frederick, would you agree that it is most probably the case that you were the only one that came in contact with Mr. Frederick?
A. On the prima facie, I would agree with the police report.
Q. Okay. And, so, from your testimony today, up to three vehicles had to have passed Mr. Frederick before you came in contact with him. Do you agree?
MR. HUNTER: Objection. Go ahead, you can answer.
A. I know that there was one vehicle in front of me. How far a vehicle was in front of that vehicle, I don't know. Because --because when the cars were proceeding west on Main Avenue intersection, I was behind the car in front of me as I mentioned to you.
GLENN MANNING -12/15/2014
Q. Yes.
A. Whether the --whether there was a car that was in front of that car as we proceeded or not, I couldn't see. At that point typically on that street, many cars do not obey the speed limit and -
Q. Right.
A. Wait, wait. And the car could have --if there was a car in front, it could have accelerated
and moved away and –
Q. All right.
A. And as such, I don't know.
Q. Now you seem like you're very willing to speculate now.
A. No. I'm saying to you that that's what --I'm saying to you, you're asking me there are more than one car. I can only ascertain and speak to the car that was in front of me at that time.
Q. And that car that was in front of you was how far in front of you when you heard the thud?
A. Approximately one and a half car lengths.
Q. So, you would agree with me that that car had to have passed by Mr. Frederick seconds before you struck him?
A. I don't know, sir. I'm not going to try to answer that. I don't know. I don't know.
Q. Well, you agree that Mr. Frederick did not come running into the street from somewhere nor did he drop out of the sky in front of you; correct?
A. I agree he didn't drop out of the sky.
Q. Okay. And you certainly didn't see anyone --any movement in front of your car because you were scanning; correct?
A. I was looking. I didn't see anybody in front of my vehicle. And the noise --and the -what I heard was against the side of my vehicle.
Q. Do you not agree that what you're testifying to here today is very consistent with at least one car passing by a stationary person and then you striking a stationary person -
MR. HUNTER: Objection.
Q. --or coming into contact with a stationary person?
MR. HUNTER: Objection.
A. I object to that because I don't know that the gentleman was stationary. You asked me earlier -MR. HUNTER: Wait for the next question.
Q. Where was the damage on your car?
A. The damage was to the lower –
MR. HUNTER: Keep your seat still, sir.
A. --to the lower windshield on the passenger side all the way to the --towards the corner. And there was damage to the mirror of my -to the passenger side. External --the passenger side mirror, the door mirror.
Q. Did Mr. Frederick's glasses end up inside your car, eyeglasses?
A. I found the glasses in his car (sic), and glasses were returned --were turned into the police department.
Q. Found the glasses in your car?
A. Yes, sir.
Q. Had the accident not happened, what route were you going to take to get to Target?
A. I was going to proceed along Main Avenue. Main Avenue, I believe, turns into Venture Avenue. Venture Avenue goes across to Mumford Mill Road, and Mumford Mill Road would intersect with Washington Avenue would make a left turn onto Washington Avenue. I would go down Washington to Freedom Road. I would make a left turn on Freedom Road. Then I would make a right turn onto the Beltway.
Q. Is that the most expeditious route to get there?
A. That's the --that's --I felt that that would be on that evening --because I didn't expect the heavy traffic on Main Avenue, I felt that that would be the most expeditious route and would avoid
the backups that generally occur on --on the Beltway between I-83 and Reisterstown Road.

Q. Because it was rush hour?
A. Well, because of Christmas. Because of the --because of the two days before the holiday and 6:00 o'clock in the evening, I just felt that the Beltway would --I'd try to --felt that that would be the --and I wasn't --I had an hour to get there, or at least an hour. And I felt that would, you know, just be a normal drive to go.
Q. Okay. Are there any street lights in the area where the accident happened?
A. I imagine there are street lights there.
Q. Okay. But do you remember there being street lights?
A. I don't remember where they're at, sir. There's --I know there are electric lights. I know there are street lights. I don't think there was but I don't --there wasn't one to my recollection near where the accident occurred. I think there's a light closer to Sag might be close to Princeton where the cul-de-sac is, and there might be a light further up where another intersection is. But I don't recall any lights from where --from where I parked my car, where I stopped my car on the right side of the road back at least --at least to the cul-de-sac. I don't recall any lights there. Whether there is a light or not, I don't know.
Q. You've been through that area where the accident happened thousands of times over the decades that you've lived?
A. I drive through it, sir. I --that's the extent of it. I generally don't walk around there. I don't --I don't socialize too much in that area. I generally --there's a shopping center, as I mentioned before, a couple blocks further up. River Shopping Center. Sometimes I go there. And when I go there, I generally go in through the back way. So -
Q. All right. But in the years, the decades you lived where you live, how many times would you say you've passed the area where the accident happened before the crash in this case?
A. Many, many times. Many times.
Q. Hundreds of times?
A. I guess.
Q. Have you ever seen Mr. Frederick before in that vicinity?
A. No, sir.
Q. Did you ever see anyone crossing Main Avenue in the area where the accident happened in the hundreds of times that -
A. No, sir.
Q. --you've driven there?
A. No, sir.
Q. Did you ever see any people out on Main Avenue at all in the area where the accident happened any of the hundreds of times? You said there were houses there. Did you ever see people out?
A. I haven't paid attention to it, sir. I don't see many --I haven't seen --you know, I haven't seen people walk around there that much. I notice sometimes, you know, in there. I just really haven't. Sometimes I go up the other street behind Willow Glen I think it's called, and you see a lot of people walk there, you know. But I haven't --Main Avenue is a --you know, it's a busy street, and I imagine people keep to themselves. You know, they have --there's driveways, I believe, to those --to many of those homes. Generally speaking and --just generally speaking in that area, I don't see many people walking the streets. I see a jogger now and then on the pavement. That's about it. It's not, you know --doesn't seem to be an area where you see people walking around the streets a lot or gathering out on the street. It's
a quiet residential --you used the word residential. As far as pedestrians are concerned, I don't see many. I know it's a lot of traffic. I know it's a very busy boulevard, if you will.
MR. HUNTER: You've answered the question, sir.
Q. When you have done your driver improvement programs and you're counselling people there, what do you tell them to be careful of when they're driving a car and they see cars parked on the right side of the road?
MR. HUNTER: Objection. Go ahead, you can answer, sir.
A. Be careful of a person opening a car door. Watch for --watch for car doors opening. Watch for people getting out of cars. Be careful of children. Look for children on the sidewalk because a child could unexpectedly run in the street. So forth.
Q. Where all those admonitions in your own mind on this fatal night as you came up –
A. Yes, sir.
Q. --westbound Main Avenue and saw the parked cars?
A. Yes, sir.
Q. So, did you make special note of -
A. I always -
MR. HUNTER: Wait. Let him finish the question, sir.
Q. Did you make special note of the cars that you saw parked to your right as you approached the area where the accident happened?
A. Again, I noticed that the cars were parked there. I don't necessarily have to make special note of the particular car. I make note of the car, that there are cars. And I try to be alert for unexpected contingencies.
Q. Such as?
A. Such as a --such as a person walking out from their cars. Such as a person opening a car door. As you mentioned, it's a two-lane traffic,and I stay close to the center lane because someone --someone could open their car door and, you know, a serious accident could occur.
Q. So, do you agree then that on that evening, you must not have seen someone who was there to be seen?
MR. HUNTER: Objection. This is asked and answered a couple times, but go ahead, sir.
Q. Would you agree you had to have just missed seeing someone who was there to be seen?
A. As I mentioned to you, sir
MR. HUNTER: Objection. Go ahead.
A. As I said before, sir, I'm not --I heard a thud against the side of the car. You can categorize it in any way that you want, but that's what happened.
Q. Okay. Well, how would you categorize it?
A. I was alert. I was looking. I was trying to drive carefully. I was driving carefully. I was within the speed limit. I was observant. A gentleman --apparently something happened that involved a human being, a person who was wearing or was clothed in garments that were not visible. That
were --that was difficult to see. That blended in on a dark night in heavy traffic. Now, where he came from --he didn't drop from the sky as you said. Where he was exactly and what he did exactly calls for speculation, and I can't answer that, sir. I'm not trying to be obstinate. I just –
Q. But you do agree with me that at least one car had to have passed Ms. Frederick before you came in contact with him?
MR. HUNTER: Objection. Asked and answered. Go ahead, sir.
Q. There would be no other way -
A. I answered --you asked the question, and I answered it already, sir.
Q. What was the answer?
MR. HUNTER: Objection. Asked and answered. Go ahead, sir.
A. I said that there was a car in front of me. Whether that car --what contact or lack of contact that car had with Mr. Frederick, I don't know. Whether Mr. --whether that car was close to Mr. Frederick and Mr. Frederick moved out of the way of that car and he by so moving put himself in peril, I don't know. You asked me this before. You asked for speculation. I can't answer that answer because I don't know.
MR. FIORE: Okay. Can we go off the record for a minute?
THE VIDEOGRAPHER: Going off the record as of 12:06 p.m. (Whereupon a brief recess was taken, after which the following was heard:
THE VIDEOGRAPHER: Back on the record. The time is now 12:08 p.m.
Q. Mr. Manning, when is the last time you've been through that intersection where the --that area where the accident happened? Did you go by there today?
A. No, not today.
Q. When is the last time you went by there?
A. It's been a week, about a week or so. I tell the truth, I try to avoid it now. I go up Willow Glen or I go --I go straight up Rogers Road and go around the other way to go up or whatever. I --I try to avoid it.
Q. I had asked you before if you had had any counselling yourself for this, and you had said no. You told us what you did for a living. Did --have you ever been treated for any drug or alcohol abuse?
A. No, sir.
MR. FIORE: Okay. That's all the questions I have, sir. Thank you.
MR. HUNTER: We'll read and sign, please.
THE VIDEOGRAPHER: This is the end of the deposition. We will go off the record as of 12:09 p.m. (Whereupon at 12:09 the deposition concluded.)

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