DepoofMs.Toppell-1.docx
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 1 of 75
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(– .r·)(UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
———————————-X
GLENNA TOPPEL and ROBERT TOPPEL,INDEX NO.:
03-CV-3042
Plaintiffs,
{DAB)
-against-
MARRIOT INTERNATIONAL, INC., Defendants.
———————————-X
10:05 a.m. January 10, 2007
100 Park Avneue
New York, New York
EXAMINATION BEFORE TRIAL of GLENNA TOPPEL and ROBERT TOPPEL, taken by DEFENDANT MARRIOT, before ALBERT M. CITTONE, a Certified Court Reporter and Notary Public of the State of New York.
CITTONE REPORTERS Certified Court Reporters Two Penn Plazat,Suite 1500
New York, New T ork 10121
(212)286-9222
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2 A p p e a r a n c e s:
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4 KREINDLER & KREINDLER LLP
5 Attorneys for Plaintiffs
6 100 Park Avenue
7 New York, New York10017
8 By:HILARY TAYLOR, ESQ.
9
10BABCHIK & YOUNG, LLP
11Attorneys for Defendants
12 200 East Post Road
13 White Plains, New York10601
14 By:JAMES MUSURCA, ESQ.
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(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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2 GLENNA TOPPEL, residing at 1112 Aron
3 Place, North Bellmore, New York
4 11719, sworn.
5
6 EXAMINATION BY MR. MUSURCA:
7 QGood morning, Ms. Toppel.My name is
8 Jim Musurca.I'm an attorney representing
9 Marriott International Inc. and Marriott Worldwide
10 Corporation in a lawsuit you have filed against
11 them relating to an accident that happened on
12 January 30, 2002 in Nassau, Bahamas.
13 I'm going to ask you a series of
14 questions about the accident, and if at any time
15 you need to consult with your attorney, please
16 feel free to do so.
17 If the question isn't clear, please
18 ask me to rephrase.
19 A Okay.
20 QHow long have you lived at your
21 current address, Ms. Toppel?
22 A About 30 years.
23 QWith whom do you reside at that
24 address?
25 A My husband, Robert Toppel.
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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GLENNA TOPPEL
Q For how many years have you been married?
A Thirty-nine.
Q Do you have any children?
A Yes, I do.
Q How many children do you have? A One son.
Q How old is your son?
A Thirty-eight.
Q I understand that you are not currently employed.
Were you ever employed outside the
home?
A Before my son was born. Q What did you do?
A I was secretary to vice-president of
an insurance brokerage.
Q What is your educational background, briefly?
A High school graduate and about two
years, Brooklyn College.
Q Is Mr. Toppel still employed?
A No.He's retired, but he does some consulting work now.
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(25) (day before.) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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2 Q
3 employed?
4 A
GLENNA TOPPEL
What did Mr. Toppel do when he was
He was district manager, Social
5 Security offices.
6 Q
7 Government?
8 A
9 Q
10 A
11Q
12 A
13Q
14 30, 2002?
15A
16 Q
17 A
18the Bahamas.
19 Q
So he worked for the Federal
Yes.
What is your date of birth? November 1st, 1925.
Your Social Security number?
131-14-7993.
Did you have an accident on January
I did.
Where did that occur?
That occurred the Marriott Hotel in
Were you registered guests at the
20 Marriott Hotel?
21 A
22 Q
Yes.
When did you first register at the
23 Marriott Hotel on that particular visit?
24 A
It was a Wednesday.It had to be the
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1 GLENNA TOPPEL
() {
2 Q So it would have been the 29th of
3 January?
4 A Yes.
5 Q Have you ever stayed at that
6 particular hotel before?
7 A No.
8 Q Had you ever traveled to Nassau,
.. Bahamas before?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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12at all
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A No.
Q Had you ever traveled to the Bahamas
A No.
Q — prior to that date?
A No.
Q Did you have any involvement with the
17reservations or planning of the accommodations at
18the hotel?
19A It was five years.I believe I
20called and made the reservation.
21Q Did anyone refer you to that
22particular hotel, or do you recall how
23A As a matter of fact, yes, somebody
24did, an acquaintance of my husband.
25Q Do you recall who that was?
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1GLENNA TOPPEL
2 A Her last name was Kimmel,
3 K-i-m-m-e-1.I don't remember the first name.
4 Q Do you recall the nature of the
5 referral?In other words, did she say something
6 like I know a good hotel in the Bahamas?
7 A I guess it was something like that.
8 QDid she make the referral directly to
.. 9you?
10A No.She made it to my husband, I
11think, and I called the hotel.
12 QHow many days did you intend to stay
13 at the hotel if this accident had not occurred?
14 A Probably three or four days.
15 QWhat were your plans had this
16 accident not occurred?
17 A To enjoy myself there.
18QAfter your stay in the hotel in
19 Nassau, did you plan on going someplace else?
20 A No.We were going to go home.
21 Q Would you return to New York?
22A Yes.
23 Q Did you fly directly from New York to
24Nassau, Bahamas?
25 A No — I don't remember.
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1GLENNA TOPPEL
2 QOn the flight to Nassau, Bahamas,
3 January 29, did that flight originate in New York
4 or someplace else?
5 A I don't remember.
6 Q Do you have any other residences
7 besides the residence on Long Island?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
8 A
9 Q
10 A
11Q
No. That's our primary residence. Do you have any vacation homes?
No. We rent a condo in Florida.
When you say you rent, does that mean
12 you do not own a condo?
13 A
14 Q
15 basis?
16 A
We do not own it.
Do you rent a condo on a regular
We've been going down in, same condo
17 for a number of years.
18 Q
19 A
20 Q
21 condo?
22A
(2429th,doyourecall?25AI don't remember.It's been five)23 Q
Where is that condo located? Fort Lauderdale.
Do you know the address of that
95 North Birch Road, Fort Lauderdale. Did you fly into Nassau on January
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1 GLENNA TOPPEL
2 years.
3 QThat particular winter of 2002, did
4 you stay at any time at the condominium that you
5 rent in Fort Lauderdale?
6 A Yes.
7 QWhen was that, if you recall?
8 A I have to think about that. I have
9 to think about that. I'm not really sure.
10 QDid you stay at the condominium at
11Fort Lauderdale before this accident occurred?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
12 A
13 before.
14 Q
Yes, yes, we stayed at the condo
Do you remember approximately when
15 you stayed at the condo?
16 A Well, we generally go down there for
17 January and February. So it had to be in January.
18 Q So is it your testimony that the trip
19 to Nassau, Bahamas originated in Fort
20 Lauderdale
21 A
22 Q
23 A
24 Q
25 A
Yes.
— or Miami? Not Miami, no.
You flew out of Fort Lauderdale? I believe we flew out of Fort
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1GLENNA TOPPEL
2 Lauderdale.
3Q Do you have your airlines ticket —
4 A No.
5 Q You're not a saver?
6 A No.
7 Q Do you know who the owner of the
8 condominium in Fort Lauderdale is?
_gA Yes. It's a woman by the name of
10 Evelyn Petti.
11 QIs she still the owner of the
12 condominium?
13 A Yes.
14 QDo you still visit Florida and stay
15 in that condominium?
16 A Well, we had planned to go to Florida
17 this year, but my husband had a problem, so we
18 didn't.
19 QOther than this year, did you
20 regularly visit?
21 A Yes.
22 QYou regularly visited after this
23 accident occurred?
24 A Yes.
(Is there a similar amount of time you) (25) (Q) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1 GLENNA TOPPEL
2 spend in Florida each year, is there a set amount
3 of time?
4 A Generally, January and February.
(25) (into the hotel?) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
5 Q
6 York?
When do you normally return to New
7 A About February 28th.
8 Q What was the purpose of your trip
9 prior to the accident to Nassau, Bahamas?
10 A To have a vacation.
11 QWas your husband involved also in a
12 seminar of some sort, do you recall?
13 A Yes.
14 QWas that seminar to be given or
15 presented at the hotel where you were staying?
16 A No.
17 QDo you know where that seminar was to
18 be given?
19 A I don't know.
20 Q Do you recall when you checked into
21 the hotel?You mentioned it was the day before.
22 So that would have been the 29th?
23 A Probably, yeah.
24 QDo you remember what time you checked
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2 A It had to be in the early afternoon,
3 about 12:30, one o'clock.
4 QDo you recall what you did that
5 afternoon?
6 A I remember we had some lunch, and we
7 just spent some leisurely time there.
8 QDo you recall where you had your
9 lunch?
10A Yes.As I remember, there was a deck
11 overlooking the ocean, and we had some lunch
12 there.
13 QWas that on the first floor or
14 someplace else in the hotel?
15 A It was outdoors.So I don't remember
16 if it was the ground floor or not.
17 QYour accident occurred outside of a
18restaurant called the Sol Mare?
19 A Yes.
20 QOn that first day you were there, do
21 you recall whether you dined at the Sol Mare?
22 A No, we never got to the Sol Mare.
23 QWas your first visit to the Sol Mare
24 or your prospective visit to the Sol Mare when the
25 accident occurred?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1GLENNA TOPPEL
2 A You want to give me that again.
3Q In other words, had you been in the
··4area of the Sol Mare prior to the accident?
5 A No.
6 Q So, in other words, before your
7 accident, that was the first time that you had
8 visited that area of the hotel?
9 A Right, the night of the accident.
10 QWhere was the Sol Mare located in the
11 hotel?
12 A I guess it had to be on a floor, on
13 an upper floor. I don't know whether there was a,
14 a lobby or what there. There was an area there,
15 and the restaurant was at the head of the stairs.
16 Q Do you recall whether you walked
17 upstairs to the Sol Mare or whether you took an
18 elevator or something else?
19 A I don't remember.
20 QPrior to that time, right before the
21 accident, had you ever been to the Sol Mare
22 restaurant?
23 A No.
24 QWhat had you done previously on
25 January 30, 2002?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1 GLENNA TOPPEL
, .
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2 AI remember walking around the straw
3 market there.
4 Q Which market?
5 A They call it a straw market, you
6 know, where all the tourists go to get their fancy
7 hats and stuff.
8 Q Do you recall anything else?
9A No.I think I walked around there.
10Maybe came back, sat near the pool or something.
11Q Was your husband with you during the
12day?
13 A That day, he was working.
14Q Was he involved in the seminar that
I
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
15 day?
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A Yes.
Q Do you remember anything else that
18 you did that day?
19 A No, I don't.
20Q Did you have anything of an alcoholic
21nature to drink —
22A No.
23 Q — before the accident?
24 Were you on any type of prescription
25 medication at that time?
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(232425) (Dr. Christopher Gentle, G-e-n-t-1-e.) (Q) (Do you know where Dr. Gentle's office) (is?) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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2 ANo.
GLENNA TOPPEL
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wore?
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reading and
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Q
Did you wear glasses at that time? Yes.
What were the type of glasses you
Similar to what I am wearing now. What were they intended to correct? Bifocals.
Pardon me? Bifocals.
Bifocals means you use them for
And distance and walking around. Were you nearsighted, farsighted or
16something else —
17ANeither.
18 Q — if you know?
19 A No.
20Q Do you recall who your eye doctor was
21 at the time of the accident?
22 A Let me see.I think it may have been
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1GLENNA TOPPEL
2 A I know he's on Merrick Road.
3QIn what town is that?
4 A In Bellmore.
5 QDo you still receive treatment from
6 Dr. Gentle?
7 A Yes.
8 Q At the time of this accident were you
9 wearing your glasses?
10 A Probably, because I was trying to
11 read a menu.
12 QCan you describe how the accident
13 happened?
14 A They had a menu posted on the wall,
15 and as I approached that area, there were two tall
16 ladies looking at the menu, and I'm short.
17 So when they saw me, they stepped
18 back to let me in, and I, going to look up at the
19 menu, I looked up.
20 The next thing I knew, I fell down a,
21 a flight of stairs.
22 (Copy of photograph is received
(232425) (and marked Defendant's Exhibit A foridentification.)) (Q) (Handing you Defendant's Exhibit A for) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1 GLENNA TOPPEL
2 this deposition, I ask you to look at that
3 photograph, and ask you if you recognize anything
4 in that photograph.
5 A I'm really not sure because it's been
6 so long.
7 Q Do you remember before the accident
8 if you walked upstairs to the hotel?
9 A Couldn't say.
10 Q Do you remember if you took an
11 elevator to the restaurant?
12 A I don't recall.
13 QDo you remember from which side you
14 approached the menu?
15 A What do you mean, from which side?
16 Q From the right side or the left side?
17 In other words, you're saying that a menu was on a
18 wall, correct?
(2425) (the left side, when you first saw the women?) (I couldn't say for certain.) (A) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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21 you.
A Yes.
Q Let's say that's the wall, behind
22Do you remember if you approached
23from this, being the right side, or this being,
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2 Q The women were looking directly at
3 the menu when you approached?
4 A They were talking to each other and
5 looking at the menu.
6 Q Were those two women side-by-side?
7 A Yes.
8 Q You say those women moved.
– · -···
9 In which direction did they move,
10 away from the menu?
11 A They moved away from the menu and let
12 me through so I could see the menu.
13 Q You then moved close to the menu?
14 Were you facing the menu?
15 A I looked up, and the next thing I
16 knew, I was on the floor.
17 Q When you looked up, were you facing
18 the menu?
19 A Yes.
20 Q Did you look at the menu before the
21 accident occurred?
22 A I remember seeing the menu, but I
23 didn't get a chance to really look at the menu. I I·
I
24 went toward the menu, and then I fell down the I
25 flight of stairs.
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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GLENNA TOPPELI
Q When you went toward the menu, were you facing the menu, or was your right side facing the menu or your left side or something else?
A I couldn't give you an accurate answer.I don't know.
Q Did you at any time place your body
directly in front of the menu to view the menu before the accident happened?
A That was my purpose, but I don't know whether I did or not.
Q Do you know where those two women
were who were looking at the menu before you looked at it?Do you know where they were when the accident happened?Were they right behind you, to the side or something else?
A They had to be behind me.
Q What kind of shoes were you wearing at the time?
A I was wearing sneakers because I was on vacation and they are comfortable, and I walk around in them.
Q Had you ever been in that area of the
hotel before that day?
A No.
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1GLENNA TOPPEL
2 Q Do you recall what the lighting
3 conditions were like around the menu?
4 A It was kind of subdued. It wasn't
5 bright lights. Kind of subdued.
6 Q Did you have any difficulty reading
7 the menu?
8 A I never got to read the menu.
9 Q Did you have any difficulty observing
10 the general area due to the lighting conditions?
11A I don't recall.
12 Q To your knowledge, has anyone on your
13 behalf tested the lighting in the area where the
14 accident occurred?
15 A I have no idea.
16 Q Did anyone ever tell you that the
17 light in the area where your accident occurred was
18 inadequate?
19 A No.
20 Q Do you believe that the light was
21 inadequate at the time?
22 A It's hard to say.
23 Q Could you see where you were going at
24 the time? Did you have any difficulty seeing
25 where you were going?
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1GLENNA TOPPEL
2 A No.
3QDid you have regular glasses on at
4 the time of the accident?
5 A No. I was wearing bifocals, I'm
6 pretty sure.
7 QAt that time did you have sunglasses
8 that were also prescription?
9 A I may have.
10 Q Do you recall whether you were
11 wearing sunglasses at the time of the accident?
12 A No, no sunglasses. It was indoors,
13 no sunglasses.
14 QYou approached the menu. You were
15 looking at the menu or starting to look at the
16 menu, and then, did you say, you fell at that
17 point?
18 You have to answer verbally.
19 A I fell, yes.
20 Q Do you remember if you fell going to
21 your left, your right, backwards, forwards or
22 something else? Tell me what you remember about
23 how you fell.
24 A I remember the twirling experience.
25 QDid your left side go first or your
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1 GLENNA TOPPEL
2 right side or front side or something else?
3A You got me.
4 QYou remember some twirling?
5 A Yes.
6 QDo you know how many stairs were
7there, next to the menu?
8 A At that point I was on the floor, in
1 • 9pain. You know, I would venture to say nine, ten
10 steps.
11 Q Do you remember what part of your
12 body first hit the floor?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
13 A
14 once.
15 Q
I can't answer that. It was all at
What is the first thing you remember
16 about the accident other than the twirling?
17 A
18 Q
19 A
The pain.
Where did you feel the pain? My leg, my arm, my neck, my
20 shoulders, my back.
21 Q
22 A
23 Q
24 A
25 Q
What part of your leg was in pain? My ankle was broken, fractured. Was that your left leg?
Left, and my left wrist was broken. You said your leg.
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2 Did you feel any pain in any other
3 part of your body besides
4 A I was hurting all over.That was a
5 very painful experience.
6 Q Did you feel any pain in your left
7 leg other than your ankle area?
8 A Oh, yeah.My thigh, everything.
9 Q
10 knee?
Did you feel any pain in your left
11 A All I can tell you, I was in pain all
12 over, probably.
13 QThen you said you had pain in your
14 left arm.
15 Was that in your left wrist?
16 A Yes.I had a cast —
17 QWhat I'm talking about, just at the
18 time of the accident.I know it's hard to
19 remember these things.
20 As best you can, at the very moment
21 you first realized that you had suffered an
22 injury, what you recall about the pain, if you can
23 go back to that.
24 A I couldn't answer that.
25 Q Other than your left leg and left
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ar.m, you also said you had pain in your shoulders?
A My shoulder.
Q Was that your left shoulder, right shoulder?
A Mostly on the left side.
Q You also said you had pain in your back.
What part of your back was that? A Probably lower back.
Q Was that on the left side, right
side, middle or something else?
A Middle.
Q After the pain, what's the next thing you remember about the accident?
A The EMS people came.They spoke to me for a couple of minutes, to see I was alert.
Q Who came?I'm sorry.
A EMS.They arranged to have me transported to the Doctors Hospital.
Q Do you recall whether the EMS personnel asked you what parts of your body were injured?
A They probably did.
Q Do you remember what you told them?
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1 GLENNA TOPPEL
2 A I don't remember then.Everything
3 hurts.
4 Q Did you lose consciousness
5 A Never.
6 Q — for any part of the time?
7 Was your husband with you at this
8 time?
9 A Yes.
10 Q Did you speak to your husband at the
11scene of the accident?
12 A Yes.
13 QDo you remember what the conversation
14 involved?
15 A That I was, you know, in terrible
16pain, get me to the hospital.
17 Q Do you know if any representatives of
18the hotel came to your assistance at that point?
19 A Yes.There was a woman security
20 person that came over to me and asked me, you
21 know, if I was okay.
22 Q Did you get the name of that person?
23 A I think we did, but I'm not sure.
24 Q Did you say anything else, or did the
25security person say anything to you?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1GLENNA TOPPEL
2 A I don't recall the conversation.She
3probably did talk to me, but I don't recall the
4 conversation.
5Q Do you remember how long after you
6 fell that the woman security person came up to
7 speak to you?
8 A Very quick, very quickly.
.Q Did that security person mention she
10 saw you fall?
11A I didn't ask her, and I had no reason
12 to.
13 QDid you speak to anyone else at the
14 point of the accident besides your husband —
15 A Just my husband.
16 Q — and the woman security person?
17 A And the people from EMS:Just get me
18 to the hospital.
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to anybody other |
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1 GLENNA TOPPEL
(.
2 than your husband who said that they witnessed the
3 accident?
4 A No.
5 Q In what fashion were you taken from
6 the hotel?
7 A To the —
8 Q Did the EMS personnel take you out on
9 a stretcher?
10 A Yes.
11 Q Did they put any devices on your neck
12or back?
13A No.They just took me into the
14emergency room.
15Q Did they provide any treatment to you
16at all, such as ice?
17A EMS, you mean?
18 Q Yes.
19 A No.
20Q They didn't put any ice on any part
21of your body?
22A No.
23 Q No braces?
24A No.
25 Q No neck braces or anything like that?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
1
2 A No.
GLENNA TOPPEL
3 Q They did put you on a stretcher,
4 correct?
5 A Yes.
6 QDid they strap you to that stretcher?
7 A I believe they did.
8 Q Was it a rolling stretcher, a
9 carrying stretcher or something else, do you know?
10 A
11Q
12 ambulance?
13 A
14 Q
15 A
16 Q
I don't know.
Were you taken to the hospital by
Yes.
Do you know the name of the hospital? Doctors Hospital.
I'm not sure if I asked you this.Do
17 you recall approximately what time the accident
18happened?
19 A
20Q
Early evening.
Were you intending to have dinner at
21the Sol Mare restaurant?
22 A
23 Q
Yes.
When you went to the hospital, do you
24recall them asking you what complaints you had,
25what physical complaints?
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1GLENNA TOPPEL
/
2 A Yes.
3 Q Do you recall what you told them?
4 A Well, I said, I'm in pain.They
5 X-rayed me.
6 Q Did you tell them specifically what
7 parts of your body you felt were injured?
8 A I hurt all over, you know.
9 Q Do you recall if you were hurting
10 more in some parts of your body than others?
11A Just hurt all over.
12 Q Did they do anything besides take
13 x-rays at the Hospital?
14 A Yes.
15 Q What parts of your body did they
16 x-ray?
17 A They X-rayed, I know they X-rayed my
18left side, the ankle and the foot, the ankle and
19 the wrist.
20 Q Do you know if they took X-rays of
21 any other part of your body?
22 A Not that I know of.They may have,
23 but I don't know about it.
24 Q Did they discuss the results of the
( .
25 x-ray with you?
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30
1
2 A Yes.
GLENNA TOPPEL
3Q What did they tell you?
4 A
5 Q
6 fractured?
7 A
8 Q
(·I·· …)9 fractured?
10 A
11Q
12 wrist?
They had to set the fractures. Did they tell you your wrist was
Yes.
Did they tell you your ankle was
Yes.
That was your left ankle and left
13 A Right.
14 Q Did they discuss the nature of the
15 fracture?Did they tell you it was bad fractures?
16 A They didn't tell me.They may have
17 told my husband, but they didn't tell me.
18 Q Do you recall the name of the doctor
19 that treated you?
20 A
21 Q
Yes.It was a Dr. Thompson.
Do you recall if they gave you any
22 medication at the hospital?
23 A
24 Q
I can't recall.
Do you recall if they injected you
25 with any pain medication?
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1GLENNA TOPPEL
2 A I don't remember.
3QWas your husband with you when you
4 went to the hospital?
5 A Oh, yeah.
6 Q Was he in the ambulance with you?
7 A You know something? I don't remember
8 that. Probably. He wouldn't let me go by myself.
Q Do you remember if your husband was
10 with you in the hospital?
11 A
12 Q
13 A
14 Q
Yes.
Actually in the examination room? Yes.
Do you remember any other treatment
15 at the hospital besides the x-rays?
16 A
17 Q
Well, they set the fractures.
What did that entail, setting the
18 fractures?
19 A
20 wrist.
21 Q
Putting a cast on, on the leg and the
Did the doctor do any external
22 manipulation of your wrist, if you recall? Did he
23 move it around, trying to get the bones in place,
24 do you recall?
25 A I don't remember.
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1GLENNA TOPPEL
2 QDo you recall if they gave you any
3 medication before they set the fractures?
4 A I think they did.
5 QDo you recall in what fashion they
6 gave you medication, by injection or pills or
7 something else?
8 A I really don't remember.
9 Q Did you have any complaints, specific
10 complaints, other than left wrist and left ankle,
11when you went to the hospital?
12 A Well, I was hurting all over, so…
13 Q Did they inform you that any other
14 parts of your body were injured, other than your
15 left wrist fracture and left ankle fracture, at
16 the hospital?
17 A I don't recall.
18 QWere you admitted to the hospital?
19 A Yes.
20 Q How long were you in the hospital?
21 A I was kept there, kept overnight,
22 kept there for two nights.
23 Q When you were in the hospital, do you
24 recall receiving any pain medication or other
25 types of medication?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1GLENNA TOPPEL
2 A They gave me something, but I don't
3 remember what it was.
4 Q Did they give you that by injection
5 or pill or something else?
6 A I don't remember an injection.
7 QDo you recall that they gave you pain
8 medication in pill form?
9 A I can't answer that.
10Q Pardon me?
11A They must have given me something for
12 the pain.
13 QYou say you were in the hospital for
14two days after the accident?
15A Yeah.
16 QWould that have been January 30, when
17 the accident happened, that day?
18 A That day, yeah.
19 QThen one more night?
20 A I think I was there two nights.
21 QIt would have been the 30th of
22 January and 31st, the 31st of January?
23 A Probably, yeah.
24 QWere, those two days you were in the
25 hospital, were you able to get out of bed at any
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1
2 time?
3
A No.
GLENNA TOPPEL
4 Q When you left the hospital were you
5 given a set of crutches, a wheelchair or something
6 else?
7 A Wheelchair, commode, a walker.
8 Q Did the hospital provide you with
9 those items?I'm talking as you were leaving the
10 hospital.
11A They must have.
12 Q After the fractures were set was
13 there some sort of device that was placed on your
14 left wrist?
15 A Other than the cast?
16 Q I mean the cast.
17 A The cast.
18Q Was that a hard, platter cast?
19 A Yes.
20 Q Did they give you any sort of sling
21 or other type of device to support the wrist or
22 arm, if you recall, at that time?
23 A I think they did.I think they —
(I)24 no.I had the hard, I had the hard
"25
Q I'm just talking about the hospital
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35
1 GLENNA TOPPEL
2 at this point.
3 You had the hard cast at the
4 hospital?
5 A Yes.
6 QDo you remember if they give you a
7 sling or any other type of device to support it?
8 A The sling came later.
9 QThe left ankle?
10 A Hard cast.
11 QThat was a plaster cast?
12 A Yes.
13 QWhen you left the hospital were you
14 able to place weight on your left ankle?
15 A No, not at that time.
16 QDid the doctor instruct you not to
17 put weight on your left ankle when you left the
18 hospital?
19 A I guess he did.
20 Q If you recall.
21 When you left the hospital, where did
22 you go?
23 A Okay.We left the hospital, we had
24 to go back to Fort Lauderdale.
25 QDid you go right from the hospital to
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1 GLENNA TOPPEL
2 the airport, to Fort Lauderdale?
3 A Yes.
4 Q Where did you stay in Fort
5 Lauderdale?
6 A In the condo.
7 QThe condo you no ally stayed at?
8 A Yes.
9 QIf the accident hadn't happened, what
10 were your plans?Were you going back to Fort
11Lauderdale?
12 A We would stay at Fort Lauderdale and
13 go home.
14 Q If the accident hadn't happened, you
15 were going to Fort Lauderdale anyway?
16 A Yes.
17 Q You would do your normal winter
18 snowbird thing:Stay there until Febru•ry and go
19 back to New York, right?
20 A Right.
21 Q Did you have the condo already
22 reserved at that time in Fort Lauderdale?
23 A We had it reserved until the end of
24 February.
25 Q So you flew from the Bahamas to Fort
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 38 of 75
37
1 GLENNA TOPPEL
;"
2 Lauderdale, and you went to your condo, right?
3 A Yes.
4 Q Did you receive medical treatment in
5 Fort Lauderdale?
6 A
7 Q
8 doctor?
9 A
10 Q
11 A
12 Q
Yes.
Do you remember the name of the
Dr. Schiuma, S-c-h-i, think it is s-c-h-i-u-m-a, correct?
Yes.
Do you recall when you first went to
13 see Dr. Schiuma.
14 A I think it was within a week's time,
15 from the time I got back.
16 Q Did they tell you, when they
17 discharged you from the hospital, to go see an
18 orthopedist after you got out?
19 A They may have.
20 Q Otherwise, why did you go see Dr.
21 Schiuma?Did you decide that on your own, or did
22 someone refer you there?
23 A Someone referred me.
24 I knew I had to see an orthopedic
25 surgeon because I had no information about the
Case 1:03-cv-03042-DCFDocument 39-2 Filed 02/29/08 Page 39 of 75
38
1GLENNA TOPPEL
2 doctors at the hospital.So I went to see Dr.
3 Schiuma.
4 Q On that first visit, do you remember
5 what occurred?
6 A I think he took off the, he checked
7 the cast.They appraised me through the cast, I
8 remember that.
9 QYou said it was within the first week
10 that you went to see Dr. Schiuma, you think?
11A I think so.
12 Q During that week were you able to put
13 any weight on your left leg?
14 A No.
15 Q Can you tell me about your physical
16 activities during that week or so?
17 A No.
18 Q You had no physical activities?
19 You have to answer yes or no for the
20 Court Reporter.
21 A No.
22 Q Did you stay in bed —
23 A Yes.
24 Q– for that entire time?
25 That was in the condo?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1GLENNA TOPPEL
2 A That was in the condo.
3QWhen you went to see Dr. Schiuma, did
4 you have any particular complaints that you
5 recall?
6 A Well, Istill had pain, and there was
7 swelling there, and other parts of my body were
8 bruised.
9 Q Where did you have pain?
10 A I had pain in my left ankle and the
11wrist and the back.
12 Q Can remember anything else?
13 A Just very uncomfortable.
14 Q When you left the hospital, did they
15 give you a prescription for pain medication?
16 A Yes.
17 QDo you remember what type of
18medication that was?Do you remember where you
19filled that prescription?
20A I believe it was filled in the
21 hospital.
22 Q Then, did you have enough pain
23medication to last until you went to see Dr.
24Schiuma?
25 A I must have.
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1 GLENNA TOPPEL
2 Q If you recall.
3 This was a pill-type medication,
4 right?
5 A Yes.
6 QDo you remember how many times a day
7 you had to take the medication?
8 A I can't remember that.
9 QWhen you went to see Dr. Schiuma, you
10complained of pain in your left ankle and swelling
11 in your left ankle, you say?
12 A Yes.
13 QDid he X-ray the left ankle?
14 A Yes.They kept X-raying it.
15 QDid he talk to you about the left
16 ankle at all?What did he say about the left
17 ankle?
18 A You know, that it was broken, it's
19 going to take time to heal.That type of thing.
20 QDid he say it was set in the
21 appropriate place or there was anything wrong with
22 the placement?
23 A No.He said it was set properly.
24 QDid you have any complaints about the
(25) (cast at that time, in the left ankle?) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1 GLENNA TOPPEL
2 A Well, heavy and annoying, but that
3 was it.
4 Q Did he take the cast off at that
5 time?
6 A It was several weeks later.Several
7 months later, I think.
8 Q We're going like in itsy-bitsy
9 steps
10 A He just kept X-raying it.
11Q With respect to your wrist, he did
12 the same thing with your wrist, right?
13A Yes.
14 Q x-rayed it?
15 A Right.
16 Q Did you have any complaints with your
17 wrist at that time?Was it still causing you
18pain, if you recall?
19 A I think it did.
20 Q Did you have a cast on your wrist at
21 that time?
22 A Yes.
23 Q Did the doctor change the cast on
24 your wrist on that first visit?
·,
(25) (A) (No, no, not on the first visit.) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1 GLENNA TOPPEL
2 Q You said you had some complaints
3 about your back as well?
4 A Yes.
5 Q What complaints did you have about
6 your back?
7 APain.
8 Q What part of your back, do you
_ 9 recall?
10 AThe lower back, middle part of the
11 back.
12 Q Do you recall any other parts of your
13 body you complained about?
14 AThat was it.
15 Q Do you recall if Dr. Schiuma
16 prescribed any pain medication or other types of
17 medication for you on that first visit?
18 AOn the first visit, no.
19 Q You don't think he gave you pain
20 medication or you don't remember?
21 AI really don't remember that.
22 Q Did he mention anything about
23 physical therapy on that first visit?
24 AHe said, you'll need physical
25 therapy.
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1GLENNA TOPPEL
2 QHe didn't suggest you start it at
3 that time?
4 A He knew I was a snowbird, and I
5 wasn't up to it yet.
6 QDid anything else happen on that
7 first visit with Dr. Schiuma that you recall?
8 A No.
9 QHow did you get to Dr. Schiuma's
10 office?
11A The taxi service in Fort Lauderdale
12 has like a little Ambulette, and they took me to
13 Dr. Schiuma.
14 Q Did your husband go with you?
15 A Yes.
16 Q Were you being transported by way of
17 wheelchair at that time?
18 A Yes.
19 Q For how long did you use a
20wheelchair?
21 A I used it in Florida. I used it in
22 the condo, and then we, I wasn't able to come back
23 to New York because I couldn't get on an airplane.
(24) (So we rented another condo in the) (25) (same building for the month of March.) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1GLENNA TOPPEL
2 Q You were using —
3A And I was using —
4 Q — exclusively using the wheelchair?
5 A I wasn't able to get back to New
6 York. I had to stay in this other condo.
(2425) (visit?) (A) (I think he again, kept X-raying it.) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
7 Q
8 A
9 I think.
10 Q
11 wheelchair?
12 A
13 Q
Through March?
Through March, yeah. About March 20, That whole time you were using a
Wheelchair.
At any time before March 20 were you
14 on crutches or able to do any weight-bearing
15 exercises?
16 A Nothing, get from the bed to the
17 wheelchair, have –manage to eat and then back in
18 bed.
19 QDo you recall, after that first visit
20 with Dr. Schiuma, when you went to Dr. Schiuma the
21 next time?
22 A
23 Q
Probably about a week later.
Do you recall what occurred on that
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1GLENNA TOPPEL
2 QDid he tell you that it was healing?
3 A Coming along.
4 QDid he say there were any problems
5 with the healing process?
6 A No. Just that it would take a while.
7 Q Did you have a regular time period
8 between visits with Dr. Schiuma?
9 In other words, did he say, come in
10 once every week, once every two weeks?
(24) (Yes.) (A) (Did he place any sort of ankle brace) (25) (Q) (CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
11 A
12 Q
Something like that.
Do you remember approximately how
13 many times you saw Dr. Schiuma in total?
14 A Well, I saw him until March 20, when
15 I was able to return home.
16 Q
17 the cast?
18 A
19 Q
20 that was?
21 A
22 Q
At some point did Dr. Schiuma remove
Yes.
Do you remember approximately when
Before I, before I came home. This was a hard cast that was
23 removed, right?
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(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
1
2 or —
3
4
5
6
GLENNA TOPPEL
A Yes, there was something.
Q An elastic or brace or something? A It was a —
Q Was it like a harder-type cast, like
7 a plastic-type cast?
8 A Something like that.I really don't
9 remember.
10 Q Was it something more than just an
11 elastic brace, do you recall?
12 A Oh, yeah.As a matter of fact, there
13 was an ankle support I had to put inside the shoe.
14 Q Did he give you some sort of
15 supportive or orthopedic shoe or something to
16 wear?
17 A Yes.
18 Q What about your wrist, did he take
19 the cast off your wrist as well?
20 A Yes.
21 Q Did he put some other type of
22 device
23 A That's when I had the sling.
24 Q He took the cast off and then gave
.
25 you the sling?
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1GLENNA TOPPEL
f
2 A I think so.
3Q Did he give you any support brace or
4 anything like that for your wrist?
5 A I think there was something. I don't
6 remember.
7 QDo you recall if Dr. Schiuma ever
8 said at that time fractures, either the fracture
_ 9 in your left wrist or your left ankle were meeting
10 properly, in his opinion, up to that point?
11A He said, coming along.
12 Q Did he ever recommend you go to
13 physical therapy while you were in Florida?
14 A He said, you will need physical
15 therapy, yes.
16 Q He didn't recommend it while you were
17 in Florida?
18 A No, no.
19 QDo you recall if he prescribed any
20 type of medication for you while you were in
21 Florida, Dr. Schiuma?
22 A I don't remember.
23 Q Did you use a particular pharmacy in
24 Florida, do you recall?
25 A I think there was an Eckert pharmacy
(I)Case 1:03-cv-03042-DCFDocument 39-2 Filed 02/29/08 Page 49 of 75
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1 GLENNA TOPPEL
(
2 there my husband went to. I
I
3QDid you stay in Florida longer than
4you intended to stay?
5 A Yes.
6 Q How much longer did you stay?
7 A Our lease was up February 28. Then
8 we went to other condo, which was on the same
9 floor as the one we had been residing in, and we
10 stayed there until March 20th.
11 QDid the doctor advise you not to fly
12 prior to March 20?
13 A Oh, I couldn't. There was no way I
14 could fly.
15 Q Why is that?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
16 A
Because I couldn't get to the
17 bathroom. I couldn't move. I was in a cast, legs
(I)18 and arm. i
!
19 QDid you fly from the Bahamas to Fort
20 Lauderdale, though?
21 A Yes.
22 Q Did you have any difficulties flying?
23 A Well, they made a special arrangement
24 for me. They loaded me on like a platform in the
25 back of the airplane.
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1 GLENNA TOPPEL
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
i
i,2
3
4
plane?
Q What about once you were on the
A There were some people assisting me,
5 getting me into a chair.
6 Q Did you sit in a regular airline seat
7 from the Bahamas to Fort Lauderdale?
8 A I must have.
9 Q Did you leave your condominium in
10Fort Lauderdale for any purpose other than medical
11treatment
12A No.
13Q — during that time period?
14Other than to go see Dr. Schiuma, you
15stayed in the condo?
16A That's right.
17Q Did you see any other medical people
18there, other than Dr. Schiuma?
19 A Not in Florida, no.
20Q You came back to New York towards the
21end of March?
22 A Right.
23 Q At that time were you still using the
24 wheelchair?
25 A Yes.
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1GLENNA TOPPEL
2 Q Exclusively using a wheelchair?
3A I went from a wheelchair to a walker.
4 I think I was still using the wheelchair in New
5 York, to get in and out of the car.
6 QDo you remember when you started
7 using a walker, approximately?
8 A I couldn't answer that.
9 Q Who did you go to see here in New
10 York to treat your injuries?
11 A The first doctor that I saw was a Dr.
12 Steven Fealey, F-e-a-1-e-y I think it is.
13 Where is he located?
14 Well, someplace in Great Neck.
15 Is he an orthopedist?
16 An orthopedic surgeon.
17 Do you recall when you first saw him?
18 It was shortly after I returned to
19
20 Would that have been in late March of
21
23 Do you recall, your first visit to
24 Dr. Fealey, what your complaints were, if any?
25 A I had some pain.
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51
1
2 Q
3 A
4 swollen.
5 Q
GLENNA TOPPEL
Where did you have the pain?
My ankle, my wrist.My ankle was
When you say you had pain in your
6 ankle, was that constant pain, intermediate pain
7 or something else?Can you describe it?
8 A
9 painful.
10 Q
When I put weight on it, it was
Any other time at that point that
11 your ankle was painful?
12 A
13 Q
I don't remember.
What about your wrist, did you
14 complain about pain in your wrist to Dr. Fealey on
15 your first visit?
16 A
17 Q
Yes.
Do you recall how frequently you
18would experience pain or when you would experience
19 pain in your wrist?
20 A
21 all.
22 Q
23 left hand?
24 A
25fingers.
Well, I couldn't use my left hand at
What prevented you from using your
It was stiff, I couldn't bend my
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1 GLENNA TOPPEL
2 Q Did you have any other complaints
3 about your left wrist at the time of your first
4 visit with Dr. Fealey?
5 AIf I wanted to pick something up, it
6 was difficult for me to do.I couldn't drive.I
7 couldn't type.I couldn't do my housework.
8 Q On that first visit to Dr. Fealey,
9 did you have any other complaints?
10A That was enough.
11Q Did Dr. Fealey recommend that you
12receive physical therapy?
13A Yes.
14Q Did he do that on the first visit, if
15you remember, or sometime later, if you remember?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
16A
17Q
18 some point?
19 A
20Q
21A
22Q
23 A
24 Q
25 A
I don't remember.
Did you receive physical therapy at
Oh, yeah.
Where did you go? Two therapists.
Which was the first one you went to?
I went to a Dale Cranz.
Was that the first one you went to? Yes.
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1 GLENNA TOPPEL
2 Q Do you remember where he was located?
3A Merrick, in Merrick.
4 Q Did he personally provide physical
5 therapy or someone in his facility?
6 A He provided the physical therapy.
7 QWas that for your left wrist and left
8 ankle?
9 A In the beginning, yes.
10 Q Was any other part of your body
11involved, your neck or back, if you recall?
12 A He put TENS on my back, and he
13 addressed the ankle and the wrist.And then he
14 wanted me to see a hand specialist and get
15 therapy, and I did that.
16 QWas that the second physical
17 therapists that you saw?
18A That's the second one.
19 Q What is that person's name?
20 A Nancy Marder, M-a-r-d-e-r.
21 Q Do you remember when you first saw
22 Nancy Marder?
23 A I don't recall.
24 Q How long did you receive physical
25 therapy from Mr. Cranz?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1GLENNA TOPPEL
(/)2 A A long, long time.I
3 Q Can you give me an approximation of
4 how long?Was it six months, a year?I
5 A About a year.
6 Q During that one-year period, how
7 frequently did you go?
8 A
_ 9 Q
Two, three times a week.
How long did you receive physical
10 therapy from Nancy Marder?
11 A
12 Q
13 her?
14 A
15 Q
It was also about a year.
How many times per week did you see
Also about twice a week.
Were they located– they weren't
16 located in the same facility, right?
17 A
18 Q
19 A
20 Q
21 this?
22 A
23 Q
No.
How did you get to physical therapy? My husband would drive me.
Were you ever able to drive after
No.
You had driven before the accident
24happened?
25 A
Yes.
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1GLENNA TOPPEL
2 QBefore the accident happened, how
3 often did you drive?
4 A Whenever I needed to.
5 QYou could drive without restriction,
6 in other words, before the accident?
7 A Yeah.
8 QDid you receive any prescriptions
9 fromDr. Fealey for any reason?
10 A I don't remember.
11QIs there a regular pharmacy where you
12 have prescriptions filled?
13 A Eckard.
14 QWhere is that located?
15 A Well, one was closet to my home, in
16 North Bellmore.
17 Do you know what street it's on?
19 Are you still seeing Dr. Fealey?
20 No.
21 When was the last time you saw Dr.
22
23 Oh, I can't say.It's been five
24years since the accident.
25 Q Did you go see him for more than a
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1
2 year?
3
4 yeah.
5
GLENNA TOPPEL
A About. It was a good, long time,
Q Besides Dr. Fealey, did you see any
6 other orthopedic doctors?
7 A I saw Dr. Geiger, G-e-i-g-e-r.
8 Q Do you remember when you saw Dr.
9 Geiger?
10A Probably six months after the
11accident.
12 Q Why did you see Dr. Geiger? Why did
13you see Dr. Geiger? Was it a referral, or you
14 wanted another opinion or something else?
15A I wanted another opinion.
16 Q Do you remember approximately when
17 that was?
18A No, I don't.
19 Q Was it six months after you saw Dr.
20 Fealey?
21 A Within six months, ten months,
22 something like that.
23 Q Was there a particular reason you
24 wanted a second opinion?
25 A Well, I wanted, you know, just to be
Case 1:03-cv-03042-DCFDocument 39-2 Filed 02/29/08 Page 58 of 75
57
1 GLENNA TOPPEL
2 sure.
3Q Did you have any specific complaints
4 when you went to see Dr. Geiger that you recall?
5 A
6 ankle.
7 Q
8 Geiger?
9 A
10 Q
11 your ankle?
12A
13 Q
14 A
15 Q
16 A
17 Q
18 A
19 Q
20 A
21with it.
22Q
23you recall?
24 A
25 Q
I had some pain in the back, my
How many times did you see Dr. Maybe five times.
What did he tell you with respect to
It's coming along.
He said it was healing
Yeah.
— appropriately? Yeah.
What about your wrist? Same thing.
Did he say anything about your back? He says, you're going to have to live
Did he prescribe any medication that
You mean pain medication?
Any kind of medication.I assume it
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 59 of 75
58
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
. .
1
2
3
4
5
6
7
8
— 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
GLENNA TOPPEL
would be pain medication.
A I assume I was taking Motrin at that time.
(RECESS TAKEN)(AFTER RECESS)
Q Ms. Toppel, wants to say something?
A I don't know why I made that mistake. You were asking me about the condos in Florida.I said that the condo was owned by an Evelyn Petti. That is incorrect.At that time we were staying
in a condo that was owned by a Mr. Jack DeJong, D-e cap J-o-n-g.
Q Would you happen to have the address
of Mr. DeJong?
A 95 North Birch road.
Then when the lease was up on the condo and we moved across the way, the condo we were staying at was owned by a Dr. Wong, W-o-n-g.
Q Do you have the address of Dr. Wong?
A It would also be 95 North Birch road, same building.
Q Is that a condominium complex?
A It was a high-rise.
I just wanted to correct
(OFF THE RECORD)(ON THE RECORD)
Case 1:03-cv-03042-DCFDocument 39-2 Filed 02/29/08 Page 60 of 75
59
1GLENNA TOPPEL
2 Q We were talking about Dr. Geiger.I
3 think you said you went there about five times?
4 A Five, six times.
5 QDo you remember the last time you saw
6 Dr. Geiger?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
7 A
8 Q
· 9year?
10 A
112003.
12 Q
No, I don't.
Would it have been within the last
No.It had to be sometime in 2002, Besides the doctors that you have
13mentioned, have you seen any other health care
14 professionals, other than the physical therapist,
15the orthopedist you mentioned?
16 A
17 Q
18therapist
19 A
Two physical therapists, Dr. Fealey. Dr. Geiger.You saw the physical
I did see a Dr. Iyer, I-y-e-r, only
20 one or two visits.
21 Q
22 A
23 Q
What type of doctor is she? She is a physiatrist.
Did you see her in connection with
24 your physical therapy?
25A Yes.
Case 1:03-cv-03042-DCFDocument 39-2 Filed 02/29/08 Page 61of 75 I
1
I
I
2 Q
3 you saw her?
60I·
GLENNA TOPPEL
I
Do you remember approximately when
4 A Also sometime in 2002.I
5 Q Did someone refer you to Dr. Iyer?
6 A I had used her previously.
7 Q When had you seen her previously?
8 A Oh, it had to be three, four years
9 before the accident occurred.
10Q What did you see her for on that
11occasion?
12A Had some back pain.
13Q Did you see any other
14A No.That was it.
15Q Let me stumble and get my question
16out before you answer so Mr. Cittone doesn't get
17mad.
18Did you see any other health care
19providers other than the ones you told me about?
20A No.
21Q Dr. Iyer, you said you saw her three
22or four years —
23A Yes.
24Q — before this accident?
25Relating to back pain?
Case 1:03-cv-03042-DCFDocument 39-2 Filed 02/29/08 Page 62 of 75
61
1
2
3
4 pain?
5
6
GLENNA TOPPEL A Yeah.
Q What part of the back was your back
A Lower back.
Q Was it in the same area you had after
7 this accident?
8 A I don't recall.
9 Q How long did you treat with Dr. Iyer
10 for your back pain?
11A
12two visits.
13Q
14 that was?
15A
16 Q
Just a couple, I think maybe one or
Do you remember approximately when
No, I don't.
Did you ever see anybody else about
17 back pain before this accident?
18A No.
19Q Did you ever injure your wrist before
20this accident happened?
21 A No.
22 Q Your left wrist, obviously.
23 Did you ever injure your left ankle
24 before this accident?
25A No.
I·
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62
1GLENNA TOPPEL
I
2 QWhen is the last time you treated any:
3 medical injuries you received in this accident?
I
4 A
5 Q
6 A
7 Q
8 A
9 Q
10 A
11all those.
12 Q
13 you see?
14 A
15 Q
16 A
17 Q
I don't remember.
Did you have any treatment in 2006? No.
Any treatment in 2005? May have.
Any treatment in 2004?
I must have.I wouldn't have gone to
Do you have a regular physician that
I have a family doctor, yes. What's the name?
Dr. Lomove, L-o-m-o-v-e.
Did you ever mention your left wrist
18 and left ankle to Dr. Lomove?
19 A I don't really recall.I don't, I
20 don't think so.
21 Q Did he ever treat you for anything
22 relating to this accident, Dr. Lomove?
23 A
24 Q
25 A
No.
Where is Dr. Lomove located? His office is in Hicksville.
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 64 of 75
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1GLENNA TOPPEL
2 Q How often do you see Dr. Lomove?
3A From time to time.
4 QAre you currently taking any pain
5 medication for the injuries you suffered in this
6 accident?
7 A Just the Motrin once in a while.
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
8 Q
9 A
10 Q
11A
12Q
13 A
14 Q
How often do you take Motrin? Whenever I feel the pain.
How often do you feel the pain? I can't say.
Is it once a week, twice a week?
When it bothers me.
Can you just generally approximate
15how often, if you take medication once a week,
16twice a week, three times a week or something of
17that nature?
18 A I couldn't say, really.It's not on
19 a regular basis.
20 Q
21medication
22 A
23 Q
24 medication?
25 A
Do you take any sleeping
No.
Have you ever taken sleeping
No.
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 65 of 75
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1GLENNA TOPPEL
2 QHow long after the accident did you,
3 the wheelchair, when did you stop using the
4 wheelchair?
5 A When did I stop?
6 Q Approximately.
7 A Well, it was after I got back to New
8 York. I must have been using it for a couple of
9 months.
10 QTwo months after you came back?
11A Two, three, four months.
12 Q Then, after the wheelchair, did you
13 use a walker for a while?
14 A Yes, I did.
15 Q How long did you use a walker?
16 A Quite a while.
17 Q Six months, eight months, ten months?
18 Can you approximate?
19 A Something like that. Five months,
20 six months.
21 Q Then, after you quit using the
22 walker, were you able to walk on your own?
23 A I need a cane.
24 QHow long did you use a cane?
25 A I'm still using it.
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(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
. ·
1 GLENNA TOPPEL
2 Q When you were staying in the Florida
3 condo, after the accident, was it necessary to
4 hire a housekeeper or any other sort of assistance
5 like that?
6 A There was a woman that came in and
7 bathed me, changed my gown, and I had a physical
8 therapist come in and prescribe some exercises.
9Who else was there?The-re"'was _.,.,.., ..;..,,..,…"- —
10 somebody else, I don't recall.
11 Q If you remember.
12 A I remember the aide.
13Q Was it someone to help clean,
14 perhaps?
15 A I had somebody come in to help clean.
16 Q Did you have that person come in as a
17 result of the accident or
18 A Both, I couldn't do the
19 Q Would you normally have help with
20 housecleaning?
21 A Never needed anybody.
22 Q Up to that point?
23 A Yes.
24 Q The woman who bathed you, was she
25 part of the physical therapy operation or somebody
Case 1:03-cv-03042-DCFDocument 39-2 Filed 02/29/08 Page 67 of 75
66
1GLENNA TOPPEL
2 else?Was she a professional person or someone
3 you knew?
4 A It wasn't anybody I knew.She was
5 from some agency, but I don't recall which one.
6 QSome health care agency?
7 A Yes.
8 Q
9 remember?
How often did she come, do you
,,. ···-:- · ·– ·"; ·,—;.,;·– _,_ ._. .-.. f,–""',
.
10 A
I think she came every day for a
..
',·;·
(I ·)11while or every other day, something like that.
12 QDid you have to pay her on your own,
13or was it covered by insurance or something else?
14 A
15 Q
I think it was covered by some plan.
A physical therapist came to your
16 condominium also?
17 A There was a gentleman, physical
18therapist that came.
19 Q
20 A
21 Q
Did the person come more than once? Yes.
Do you remember how often that
22 physical therapist came?
23 A
24 Q
I don't remember.
Was it once a week, twice a week,
25 three times a week, something like that?
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 68 of 75
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1GLENNA TOPPEL
2 A Maybe once or twice a week.
3Q What sort of activities would he do
4 with you?
5 A He told me to do some exercises, I
6 think, in the bed.I really can't remember, it's
7 so long ago.
8 Q Did he have any sort of machines that
9 he brought with him?• 1"-:;_ · -,:
10 A No.
11QDid he do massage, things like that?
12 A No, I don't recall what he did.
13 Q Did he ask you to get out of bed and
14ambulate at all?
15 ANot at that time.
16 Q Not in Florida?
17 A No.
18 Q Do you know if you had to pay him
19 through your own means or —
20 A No, we didn't pay it.
21 QThe housecleaning, how much did you
22 spend on housecleaning?
23 A Gee, I don't know.
24 Q Do you know how much you spent on
25additional housecleaning because of your accident?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
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1GLENNA TOPPEL
2 A I couldn't say.
3Q Have you ever hired anyone to take
4 photographs of where the injury occurred?
5 A Hired somebody?
6 Q Yes.
7 A No.
8 Q Did you ever ask anyone to take
9 photographs of where the accident occurd
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
10 A
11Q
12 photographs?
13 A
14 Q
15 A
16 Q
17 A
18 Q
19 A
20 Q
21 A
Yes.
You asked someone to take
Yes.
Who did you ask?
I asked my husband.
Did he take those pictures? Took pictures, yes.
Do you have copies of those pictures?
I do.
About how many pictures are there? Three or four.
22 (REQ)
23
24
25
MR. MUSURCA:Call for production of those.
MS. TAYLOR:I think they are all
right there.
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 70 of 75
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1 GLENNA TOPPEL
2 MR. MUSURCA: I think there is only
3one there.
4 MS. TAYLOR: I didn't do the
5 production. I'll mail them to you. I have
6 to get the paralegal to find them and send
7 them.
8 Q Do you know when those pictures were
9taken? Short shortly after the accident?
10 A Sometime after the accident·.
11 Q What are the activities you can't do
12 now that you could do before the accident?
13 A Well, as I said before, I can't
14 drive. I can't type. I'm lacking a certain
15 amount of dexterity in my hand. I keep dropping
16 things, plates, in the kitchen. Of course, I'm
17 walking less. I don't walk in the street without
18 a cane because I don't feel secure.
19 QAnything else you can think of?
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
20 A
I said that before and I'm saying it
21 now. That's it.
22 QAs far as typing goes, did you type
23 frequently before the accident?
24 A Oh, yeah.
25 QRelating to correspondence or
Case 1:03-cv-03042-DCFDocument 39-2 Filed 02/29/08 Page 71of 75
70
1
2 something else?
GLENNA TOPPEL
!·.
3 A Yes, bills, correspondence.
4 Q How often would you type before the
5 accident happened?
6 A Well, I'm sure every day I was doing
7 some typing.
8 Q Do you use a typewriter or computer
9 at all now?
10A No.
11Q How do you correspond?Are you
12 right-handed or left-handed?
13A Right-handed.
14Q You are still able to handwrite,
15correct?
16A Yeah.
17 Q In what manner does lesser dexterity
18affect your life, if any?
19 A If I'm in the store and I have to pay
20 for something and getting change, it will fall out
21 of my hand.
22If I'm cooking, I have to hold the
23 pot with both hands, rather than, you, you know,
24 have something in one hand, something else in the
25other.
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 72 of 75
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1GLENNA TOPPEL
2 Q Do you experience pain in your wrist
3 on a regular basis?
4 A
5 Q
6 pain?
7 A
8 Q
Not a regular basis.
About how often do you experience
The weather is bad.
When the weather is cold, when it
… 9 . rains or something else?
10 A
11 Q
Hot and cold.
What kind of pain do you experience,
12 where in your wrist?
13 A
14 Q
15 A
16 Q
17 the wrist?
18 A
19 Q
20 wrist?
21 A
22 Q
How do you describe pain?
What portion of your wrist hurts? Right over here (indicating).
The top of your wrist or throughout
Right over here (indicating). You're indicating the top of your
Yes, top of the wrist.
You're indicating where a watch would
23 be, in other words?
24 A
25 Q
Below the watch, where the bones are. Where the bones join.
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 73 of 75
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1 GLENNA TOPPEL
2 With respect to your ankle, do you
3 have pain in your ankle at the current time?
4A Yes.
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
5 Q
6 ankle?
7 A
8 week.
9 Q
10 A
11Q
How often do you have pain in your
I could have that a couple times a
Do you always use a cane? Yes.
You always use a cane. Before the
12 accident, did you exercise in any fashion?
13 A
14 Q
15 A
Yes.
How did you exercise?
I did leg exercises, stretching
16 exercises, exercises for the back, legs.
17 Q Did you do those at home, a gym or
18 someplace else?
19 A
20 Q
21 A
22 Q
Did them at home.
Do you still do those exercises? Not as well as I used to.
Can you describe why you can't do
23 them as well?
24 A
If I'm lifting my leg up in the air,
25 I can only go so far. I can't go all the way up.
Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 74 of 75
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1GLENNA TOPPEL
2 Q Is that because of your back or
3 something else?Is that due to your back or
4 something else?
5 A Yeah, the back, yeah.
6 Q Are you seeing anybody for your back
7 at this point?
8 A No.
(CITTONE REPORTERS) ((212)286-9222) ((732)777-9500)
1- 9 Q
10 year?
11 A
12 Q
13 A
14 his foot.
15 Q
Do you still go to Florida every
Yeah, except this year.
Why didn't you go this year?
Because my husband had a problem with
Have you taken any other vacations
16 other than your regular trip to Florida since the
17 accident?
18 A
19 Florida.
20 Q
Since the accident?Mostly been
Do you remember any other vacations
21 that you've taken?
22 A No.We generally, we're snow birds.
23 We go down to Florida.
24 MR. MUSURCA:Nothing further.
25 {TIME NOTED:11:30 A.M.)
. Case 1:03-cv-03042-DCF Document 39-2 Filed 02/29/08 Page 75 of 75
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