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[W] Webb Wheel Products12/30/2004
of work?
"A: Yes.
"Q: Okay, did you ask him about that?
"A: No.
"Q: Did you ask him any questions?
"A: No.
"Q: Mr. Hanvey, does that refresh your memory about whether or not--
"....
"Q: Mr. Hanvey, after looking back at your testimony deposition when Phillip Hill sat there yesterday and said that your comment--his comment was on here when you signed it, he was right, wasn't he?
"A: Yes, sir.
"Q: And despite that deposition, you testified yesterday that it wasn't on there, isn't that right?
"A: I said if it was then I don't remember it.
"Q: Now, the statement written on Defendant's 1A, the layoff sheet, doesn't say anything about your back, does it?
"A: Do what?
"Q: It doesn't say anything about your back, does it?
"A: No, sir.
"Q: Doesn't say anything about being let go?
"A: No, sir.
"Q: The layoff box is checked up here?
"A: Yes, sir.
"Q: Mr. Hanvey, isn't it true you signed the form because you knew it was a layoff?
"A: No, sir.
"Q: Isn't it true that the reason you said I expected to be laid off the day I came back was because you already knew there were layoffs going on?
"A: No, sir.
"Q: So it would be your position that when Phillip Hill wrote Joshua was laid off due to lack of work that that's just a lie?
"A: Sir?
"Q: Would it be your position that when Phil Hill wrote Joshua was laid off due to lack of work that that was a lie?
"A: Yes, sir.
"Q: And you signed off on it?
"A: Yes, sir."
(Emphasis added.) Hill's testimony on direct examination, cross-examination, and deposition is also contradictory. Upon questioning at trial by Webb Wheel's lawyer, Hill testified:
"Q: Let's go through this [Hanvey's exit report] together. There are three spaces here, the middle one is checked, what does that say?
"A: Layoff.
"Q: And what are the two that are not checked?
"A: Dismissed and quit.
"Q: Let's see what else is on here. These other checks below there they say supervisor responsibility, did you make those marks?
"A: Yes.
"Q: What did that indicate?
"A: If he had any uniforms, tools, keys, any advances or any kind of miscellaneous. Everything was checked off and turned in.
"Q: Go down to where it says supervisor comments. Would you read that to the jury?
"A: Josh was laid off due to lack of work. He made the statement to me that he expected to be laid off the day he came back.
"Q: And that's your signature below?
"A: Yes.
"Q: Dated October 19?
"A: Yes.
"Q: And that's your handwriting?
"A: Yes.
"Q: And above that, is that Josh Hanvey's signature?
"A: Yes.
"Q: Did he sign there after you wrote those supervisor comments?
"A: I think he did.
"Q: Did he say anything to you at the time you filled out this document other than what you wrote there about his statement?
"A: No.
"....
"Q: Just a moment. Did you ever tell Josh Hanvey he was being let go because of his back?
"A: No, I did not say that.
"Q: Did David Link or Dan Allen tell you that?
"A: No."
(Emphasis added.) Upon questioning
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