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Clark v. Luvel Dairy Products9/25/2001
was?
A: No. I doubt he had a ticket, though.
Q: Oh, you doubt if he had a ticket. But did you know?
A: No, I didn't.
Q: Did you know if the ice cream was for a fund-raiser?
A: No. If it was, why would he get it at that time of night.
Q: Okay. What time of night was it? What time are we talking about?
A: About 2:30, 3:00 in the morning.
Q: Oh, okay. And he said he would load it on a Luvel truck. Did you see Mr. Clark ever drive a Luvel truck off the lot?
A: No. Like I told you, I went in the building.
Q: You went in the building?
A: Yeah.
Q: Okay. So you don't know what happened to the ice cream on the truck?
A: No, I don't.
Q: So any testimony on your part that Mr. Clark took the ice cream off the lot would be speculation, is that correct, because you don't know?
A: Well, I didn't see him leaving, because like I said, I went on in the building. (emphasis added).
. Mr. Freddie Tanksley, the route supervisor who had been with Luvel for thirty-eight years, testified that his job entailed "seeing after any routes or any problems that comes up on a route, seeing after any new business on the routes." After some attempts at trying to evade the questions being asked by Clark's counsel, the following exchange took place:
Q: Okay. Do you have any firsthand information of Henry Clark stealing dairy products?
A: No, sir.
Q: And you've been employed at Luvel for 38 years?
A: Yes, sir.
Q: And so you were employed there the entire time Henry Clark was employed; is that correct?
A: Yes, sir.
Q: During that entire time did you hear rumors about Henry Clark stealing dairy products?
A: Yes, sir.
Q: Okay. Did you ever report those to management?
A: No, sir.
Q: Would you tell the jury why not?
A: I just never was asked about him.
Q: Okay. So it's your testimony that Jimmy Briscoe never came through the plant and said, does anybody have any information about missing dairy products?
A: No, sir, not to me. (emphasis added).
. Jim Cross testified that he worked for Luvel for approximately nine years. He said he last worked for Luvel in 1994 or 1995. In 1997, Mr. Briscoe requested that Cross come see him. When Cross went to see him, Briscoe asked him if he had any knowledge about Henry Clark stealing dairy products. At the time this conversation occurred, Cross was no longer a Luvel employee. Cross testified that he told Briscoe that Cross did have some knowledge of Clark stealing diary products. Thereafter, Cross testified as follows:
Q: Okay. And just so the jury is clear, before that time he [Briscoe] had asked you and you told him that you didn't have any knowledge; is that correct?
A: That's right.
Q: So before you had lied about the knowledge you had?
A: That's right. (emphasis added).
. Kevin Brunt, a route salesman, testified that he was terminated from Luvel in May of 1995 because of a shortage in money and inventory. He further testified that Mr. Clark provided him with ice cream that Brunt was not authorized to sell. He described how that process worked and said the money derived from selling the extra ice cream would be split fifty-fifty with Mr. Clark. He testified that this occurred essentially in 1982 and 1983. He also testified that there were several occasions when Mr. Clark got ice cream for himself. Ho
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