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Copeland v. Stebco Products Corp.9/29/2000
starting it in the middle?
BRICKMAN: A. Yes.
DEFENSE COUNSEL: Q. What would be the force pulling it to the side?
BRICKMAN: A. It would be a hand.
DEFENSE COUNSEL: Q. A hand?
BRICKMAN: A. Yes, like your right hand, just like he is demonstrating in the video there.
DEFENSE COUNSEL: Q. Well, I can get it to do it, I can get it to come off, but I can't,...can you come down here and demonstrate?
BRICKMAN: A. No, but I have done the demonstration.
DEFENSE COUNSEL: Q. I think I might have passed it by. This is the first series 1,2,3. My point is that each time this angle here is off just about the corner just about here, right?
BRICKMAN: A. Approximately.
DEFENSE COUNSEL: Q. And that's when it is placed right at the corner, and you are saying that you could develop one so that you could pull it here, it would come off even staying within the bounds of this hand?
BRICKMAN: A. Yes.
DEFENSE COUNSEL: Q. The angles in terms of this movement off to the side were never measured or indicated or are they anywhere in your records?
BRICKMAN: A. I measured them off the videotape.
DEFENSE COUNSEL: Q. You actually have measurements of them?
BRICKMAN: A. Yes.
DEFENSE COUNSEL: Q. The last series?
BRICKMAN: A. Yes.
DEFENSE COUNSEL: Q. Off of the perpendiculars?
BRICKMAN: A. Yes.
DEFENSE COUNSEL: Q. What are those angles?
BRICKMAN: A. It's approximately between 2 and 8 degrees.
DEFENSE COUNSEL: Q. 2 and 8 degrees away from?
BRICKMAN: A. Vertical.
DEFENSE COUNSEL: Q. I will just revisit one point with you. We were talking about it before. I think I understand your answer, but attaching this cord on the LC2 to the middle of the bar, am I correct that you have told us that or am I correct that you never actually achieved escape velocity or escape geometry pulling straight up within the boundaries of the handle of the LC2?
BRICKMAN: A. I have achieved escape geometry in the method that you described."
As the result of Brickman testifying to the fact that he had performed additional measurements and achieved escape geometry which was in direct contradiction to the previously sworn testimony given in his deposition, defense counsel impeached him with his previous deposition testimony as follows:
"DEFENSE COUNSEL: Q. Let me refer you to the deposition then, Mr. Brickman. This is on page 63 if you want to refer to it...this was the question and answer. Am I correct that you were not - you never achieved any escape geometry by simply pulling the cord straight up when it is pulling straight up parallel with the lines of the cart over the luggage to the handle on top? There was an objection by counsel, and then your answer was: With respect to this cart, I believe that would be correct. Is that your answer?
BRICKMAN: A. That was my answer at that time. I have done work since that time since my deposition."
The defendant objected to the testimony regarding these undisclosed measurements and tests and requested a mistrial which was denied. Plaintiff does not dispute the fact that Brickman continued his work on the case after his deposition and conducted new tests. Plaintiff also does not dispute that these new tests and the conclusions Brickman reached based on these tests were never disclosed to defense counsel. Plaintiff does not contest the fact that since his deposition Brickman measured angles in terms of the vertical movement of the bu
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