COUNTY OF SAN FRANCISCO. Plaintiff, Case No. CGC-16- Defendants. / Proceedings held on Tuesday, July 24, 2. Volume 15, Morning Session, before the

Transcription

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO DEWAYNE JOHNSON, Plaintiff, vs. Case No. CGC-- 0 MONSANTO COMPANY, et al., 0 Defendants. / 0 Proceedings held on Tuesday, July, Volume, Morning Session, before the Suzanne R. Bolanos, at : a.m. REPORTED BY: LESLIE ROCKWOOD ROSAS, RPR, CSR Job No. A Pages 0, onorable

2 APPEARANCES : 0 0 FOR FOR THE PLAINTIFF: R. BRENT WISNER, ESQ. BAUM, HEDLUND, ARISTEI, GOLDMAN PC 00 Wilshire Boulevard, Suite 0 Los Angeles, California DAVID DICKENS, ESQ. THE MILLER FIRM, LLC 0 Railroad Avenue Orange, Virginia THE DEFENDANT: SANDRA A. EDWARDS, ESQ. FARELLA BRAUN + MARTEL LLP Montgomery Street San Francisco, California

3 APPEARANCES (Continued): FOR THE DEFENDANT: GEORGE C. LOMBARDI, ESQ. JAMES M. HILMERT, ESQ. WINSTON & STRAWN LLP West Wacker Drive Chicago, Illinois KIRBY T. GRIFFIS, ESQ. HOLLINGSWORTH LLP 0 I Street, N.W. Washington, D. C

4 INDEX OF PROCEEDINGS WITNESS DIRECT CROSS REDIRECT RECROSS VIDE DANIEL GOLDSTEIN DONNA FARMER 0 0

5 EXHIBITS ADMITTED NUMBER PAGE 0 0 Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 00 Exhibit 0 Exhibit 0

6 Tuesday, July, 0 : a.m. Volume Morning Session San Francisco, California Department 0 Judge Suzanne Ramos Bolanos PROCEEDINGS 0 0

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29 0 (Jury enters courtroom.) THE COURT: Good morning, Ladies and Gentlemen of the jury. Welcome back. Before we -- w e re going to resume this morning with Dr. Goldstein s video deposition. Before we begin 0 the deposition again, counsel are going to read some stipulations to you. This means facts that the parties have agreed to. So there s no dispute as to these facts. And before you do that, Mr. Wisner, I just want to let the jury know that we have judges here in the audience today visiting from the Republic of Georgia and

30 they're here to observe the trial system here in the United States. And I'd like to just tell the judges that in the United States, when there are witnesses that are outside of the jurisdiction of the Court, then oftentimes those witnesses are presented during the trial via video testimony. So this morning we're going to be hearing the video deposition testimony of a witness who is a Monsanto 0 employee. So that is why we have the video. We have had live witnesses and will have further live witnesses this afternoon. But before we begin the video, Mr. Wisner, you may proceed with the stipulation. MR. WISNER: Good morning, everyone. I'm just going to read to you three stipulations that the parties have come to agreement on. Number : Regarding plaintiff's economic 0 damages for future lost earnings, the amount of income that he will reasonably -- that he will be reasonably certain to lose in the future as a result of the injury is $,,. I'm having Mr. Dickens write it down so in case you didn't catch it. Number : Regarding plaintiff's economic

31 0 damages for loss of ability to provide household services, the reasonable value of the services he would have been reasonably certain to provide to household if the injury had not occurred is $,0. Finally, regarding plaintiff s economic damages for past medical expenses, the reasonable cost of reasonably necessary Medicare that he has received is $,.. Thank you, your Honor. THE COURT: Thank you. You may resume the video. MR. WISNER: Sorry, your Honor, I m being told the jurors couldn t read it. Permission to publish this for a few minutes -- seconds so they can write it down. THE COURT: MR. DICKENS: Yes. At this time, your Honor, w e ll 0 resume the video deposition testimony of Dr. Goldstein. THE COURT: Very well. You may proceed. (Daniel Goldstein video played.) (Video paused.) MR. WISNER: THE COURT: Your Honor, can we have a sidebar? Yes.

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35 0 (End s idebar.) THE COURT: All right. Ladies and Gentlemen, Counsel does need to make some modifications, do some adjustments to the video. They're going to do that very quickly, and then they'll continue. (Interruption in proceedings.) MR. WISNER: Give me two or three minutes. We have to cycle through it, and it will start up suddenly. (Daniel Goldstein video played.) (Video paused.) 0 MR. WISNER: break, your Honor. It's probably a good time for a We're going onto the next day's video, which is primarily Monsanto. THE COURT: All right. All right. Ladies and Gentlemen, then we'll take our morning recess now. We'll resume again at :0

36 on the wall clock. All right. Thank you. (Recess. ) THE COURT: Welcome back, Ladies and Gentlemen. Mr. Wisner, you may call your next witness. MR. WISNER: I believe Dr. Goldstein is still up. This is their portion. THE COURT: Oh, all right. Very well. You may proceed. (Daniel Goldstein video played.) 0 MR. WISNER: That concludes the video presentation of Dr. Daniel Goldstein. We will now present another video, your Honor, Dr. Donna Farmer, Monsanto s product protection lead. THE COURT: Very well. You may proceed. (Donna Farmer video played.) THE COURT: place to break. MR. WISNER: Mr. Wisner, perhaps this is a good Yes, your Honor. THE COURT: All right. Ladies and Gentlemen, 0 we re going to break now for the lunch recess. Please remember: Do not discuss the case, and we ll resume again at :0. Thank you. (Jury leaves courtroom.)

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45 REPORTER S CERTIFICATE 0 I certify that the proceedings in the within-titled cause were taken at the time and place herein named; that the proceedings were reported by me, a duly Certified Shorthand Reporter of the State of California authorized to administer oaths and affirmations, and said proceedings were thereafter transcribed into typewriting. I further certify that I am not of counsel or Attorney for either or any of the parties to said Proceedings, not in any way interested in the outcome of the cause named in said proceedings. IN WITNESS WHEREOF, I have hereunto set my hand: July th, 0. 0 <%signature%> Leslie Rockwood Rosas Certified Shorthand Reporter State of California Certificate No.