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I <br />I <br />i <br />I <br />f <br />f <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />Awhard Fredericksea Condenielt <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />i: <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />Page 105 <br />A. Y«. <br />Q. Wts thoe in Evogrsai tomewbae adjacent to <br />the maintenance facility? <br />A. That's comcL There are two. <br />Q. How tall are these trees? <br />A. They would be, approximately. 10 to 12 feet <br />Q. We have been talking about the existence of <br />8 pavonent on Woodhill Avenue, and you told me that the <br />9 that is paved with bituminous on Woodhill Avenue has not <br />been changed during the period that you have been at <br />Woodhill Country Club, correct? <br />A. That is my best recollection. <br />Q. lo the course of discussing maoen with <br />Mr. Efigman or anyone else, have they told you that the paved <br />portion of Woodhill Avenue has changed over the years or <br />not? <br />MJC MCCARTHY: I object to the extent <br />that your answer would be based upon any conversations <br />with counsel. To those, 1 would object on the grounds of <br />anorney/client privilege. To the extent you have knowledge <br />apart from conversations with counsel, feel free to answer. <br />MR. GREENE txt's do it this Way, because <br />1 am not sure how significant the response is. A wiuiess <br />who receives facts from whatever source, including his <br />attorney, can convey those facts as a fact witness. This is <br />Dcpo-Squisb <br />1 not legal advioe. <br />2 BY MR. GREENE: <br />Page 106 <br />Q. However, without waiving that objection, have <br />you had discussions with Mr. Engman or anyone else that <br />would lead you to believe that the pavement, the paved area <br />of Woodhill Avenue has changed from time to time or at any <br />period pnor to your arrival at Woodhill Country Club? <br />A. Our discussions never cenicred around that. <br />Q. So. all you know about this is information that <br />you may have heard from counsel: is that correct? <br />A. Pertaining lo? <br />Q. The location of pavement on W'oodhill Avenue? <br />A. I don't follow your question. Mr. Greene. <br />Q. Let me direct the question to Mr. McCarthy. <br />MR. GREENE: It IS my understanding that <br />this witness does not have testimony on that point to give? <br />MR. MoCARTIfY: That's correct. <br />MR. GREENE: YOU may cither ask questions <br />or instruct the witness. <br />MR. MccARTinr: I just havc a couple of <br />questions lo follow up on. <br />CROS.S- EXA M IN ATION <br />BY MR. MCCARTHY: <br />Q. The tree that you discussed, the Evergreens <br />A. Kennedy and Associates (612) 922-1955 <br />Page 107 <br />bong planted concerning the light that you discussed? <br />A. Correct. <br />Q. Was the person who asked you to do that <br />Mr. Michael Wood? <br />A. Yes, it was. <br />Q. At the time that he asked you to do that, did <br />he have any position with Woodhill? <br />A. He was president of the club. <br />Q. So, you were responding to a direction from <br />the president of the club when you planted that tree? <br />A. That's correct. <br />Q- You discussed having tractors driven out to <br />I'OnS Lake down the gravel road onto Woodhill Avenue, you <br />mentioned two instanoes. <br />How did you nguie out that, that there were <br />these two instanoes with the tractors? <br />A. These were the two instanoes that I could find <br />invoices for the work that had been done. <br />Q. What is your best recollection as to whether <br />tractors were driven mote than those two times? <br />A. They had probably been driven more often. <br />Every couple of years, every few years. <br />Q. So, when you say the tractors were driven <br />24 tvnoe, those refer to just the ones that you happened to <br />25 keep invoices? <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />Page 108 <br />A. That I could find invoices on. <br />Q. Is it your best recollection the fact that <br />tractors drove down that road more frequently? <br />MR. GREENE: Objection on the grounds <br />of foundation. Asking him whether he saw that, as opposed <br />to speculating, would be helpful to me. <br />BY MR MCCARTHY: <br />Q. What is your best recollection about Woodhill's <br />tractors using that road? <br />MR. GREENE: Same objection; lack of <br />foundation. <br />Q. Same question. <br />A. Every two to three years. <br />Q. What do you base that on? <br />A. We have several tractors, maintenance work that <br />needs to be done on them that can't be done in-house. <br />Q. Did you ever encounter any difficulties with <br />gening the tractors out the gravel road to Woodhill Avenue? <br />A. No <br />Q. Did you ever receive any complaints from any <br />neighbors? <br />A. No <br />Q. Did you ever receive any complaints from <br />neighbors about the maintenance of the road that you <br />testified? <br />V <br />\ <br />Page 105 • Page lOJ