 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Jones v. ARD Contracting12/17/2004
>
"[Jones:] Yes, I told him I probably strained my back, and yes, I did.
"[Jones's counsel:] Did Mr. Ellis write up a written report for that incident?
"[Jones:] No, sir. I did not see him write up one at the present time, no, sir, I did not."
On cross-examination, Jones testified similarly:
"[ARD's counsel:] All right. And was that the first day you say you reported [the injury] to some there at ARD Contracting?
"[Jones:] I reported it that Saturday, because I couldn't get out of bed.
"[ARD's counsel:] All right. How did you report that?
"[Jones:] My mother took me.
"[ARD's counsel:] Took you where?
"[Jones:] To the job site.
"....
"[ARD's counsel:] All right. And what did Mr. Ellis tell you then?
"[Jones:] Well, ... [Ellis] didn't really say much. I told him I was going to go back home and see how I feel or whatever. Well, anyway he didn't have much to say. I went in and reported that I wasn't able to get there and make it to work that day."
Jones's mother also testified about the conversation between Ellis and her son:
"[Jones's counsel:] Now, did you hear Mr. Jones report the reason for his inability to why he couldn't show up at work?
"[Sally Jones:] Yes, I did.
"[Jones's counsel:] What did he say, ma'am? To the best of your recollection, what did he say?
"[Sally Jones:] I cannot quote word for word what he said. I can tell you that he did inform his boss man ... he told them why he wasn't at work.
"[Jones's counsel:] To the best of your recollection, what did he say?
"[Sally Jones:] Well, he told them that when he woke up, that he couldn't move and that he was hurting and he couldn't move."
Finally, Jones's supervisor, Paul Ellis, testified concerning the conversation he had with Jones on Saturday, February 20, 1999:
"[ARD's counsel:] Now, Mr. Jones is claiming that on February 17, 1999, he injured himself while removing some siding or something from a wall up on that job . Do you have any knowledge of that?
"[Ellis:] The only knowledge I've got is him and his mother came in that Saturday. He didn't show up for work for a few days and he and his mother came in Saturday and said he had hurt himself on the floor.
"[ARD's counsel:] All right. Did he say specifically what part of himself he had injured?
"[Ellis:] He said he had hurt his back.
"[ARD's counsel:] But did he give a date as to when he had hurt himself?
"[Ellis:] No, he didn't.
"....
"[ARD's counsel:] At any time since [he was laid off] has Mr. Jones ever contacted you and said that he injured his back on February 17, 1999?
"[Ellis:] No, he hadn't.
"....
"[ARD's counsel:] At any time before that Saturday, did you see anything about Mr. Jones that made you think he had somehow been injured on the 17th of February?
"[Ellis:] No, sir."
On cross-examination, Ellis explained why he did not fill out a notice-of-injury report on that Saturday:
"[Jones's counsel:] But Mr. Jones did come into you on Saturday and reported this, though, correct?
"[Ellis:] Yeah. He said he had come in with his mother and said his arm and back were sore.
"[Jones's counsel:] Okay?
"[Ellis:] But usually at that point we would fill out a first report [of injury], but we just, you know -- he didn't mention it was that big of deal. Because some
Page 1 2 3 4 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|