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no. b-000119-c melinda matthews, individually ) in the district court ...

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119<br />

1 equipment as it was on October 23rd, 1999, at <strong>the</strong><br />

2 Strickland Dairy Queen playground was be<strong>in</strong>g properly and<br />

3 safely ma<strong>in</strong>ta<strong>in</strong>ed?<br />

4 MR. LIGHTY: Object to <strong>the</strong> form and<br />

5 side-bar.<br />

6 A By whom?<br />

7 Q That's <strong>no</strong>t my question.<br />

8 Was it be<strong>in</strong>g properly and safely<br />

9 ma<strong>in</strong>ta<strong>in</strong>ed?<br />

10 A I can't answer that question that way without<br />

11 expla<strong>in</strong><strong>in</strong>g <strong>the</strong> context for my answer.<br />

12 Q Well, was <strong>the</strong> playground equipment as it stood<br />

13 on October 23rd, 1999, <strong>in</strong> your op<strong>in</strong>ion safe?<br />

14 MR. LIGHTY: Object to <strong>the</strong> form.<br />

15 A My op<strong>in</strong>ion is that that playground equipment<br />

16 was never <strong>in</strong>stalled accord<strong>in</strong>g to <strong>the</strong> <strong>in</strong>structions that<br />

17 were sent with it; and given that, it wasn't safe.<br />

18 MR. LAWDERMILK: I object as<br />

19 <strong>no</strong>nresponsive.<br />

20 Q (By Mr. Lawdermilk) Is it your op<strong>in</strong>ion that<br />

21 <strong>the</strong> playground equipment as it stood on October 23rd,<br />

22 1999, at <strong>the</strong> Strickland Drive Dairy Queen, was it <strong>in</strong> a<br />

23 safe - be<strong>in</strong>g ma<strong>in</strong>ta<strong>in</strong>ed <strong>in</strong> a safe condition?<br />

24 MR. LIGHTY: Object to <strong>the</strong> form.<br />

25 A It wasn't <strong>in</strong>stalled correctly.

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