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

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

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254<br />

1 A In this case Mr. Allred did.<br />

2 Q Do you have an expert op<strong>in</strong>ion that <strong>the</strong><br />

3 <strong>no</strong><strong>no</strong>ccupiers and owners of <strong>the</strong> premises, <strong>in</strong> this case<br />

4 IDQ and ADQ, acted as a reasonably and prudent<br />

5 franchisor as could be expected under <strong>the</strong> circumstances<br />

6 <strong>in</strong> relation to <strong>the</strong> playground safety issues <strong>in</strong>volved at<br />

7 <strong>the</strong> Orange Strickland Dairy Queen store?<br />

8 MR. LAWDERMILK: Objection. Form and<br />

9 lead<strong>in</strong>g.<br />

10 A Yes.<br />

11 Q And what is that op<strong>in</strong>ion?<br />

12 A That <strong>the</strong>y went beyond <strong>the</strong> license agreement<br />

13 and actually did <strong>the</strong> th<strong>in</strong>gs we have talked about already<br />

14 that showed great effort to raise <strong>the</strong> awareness of <strong>the</strong>ir<br />

15 licensees to <strong>the</strong>se issues.<br />

16 Q Now, even with that great effort, <strong>in</strong> your<br />

17 terms, a tragedy occurred?<br />

18 A Yes.<br />

19 Q But is <strong>the</strong>re any way to document or determ<strong>in</strong>e<br />

20 how many o<strong>the</strong>r similar tragedies were avoided as a<br />

21 result of <strong>the</strong> actions of ADQ and IDQ?<br />

22 A No, but you can only hope <strong>the</strong>y were.<br />

23 Q You charge for your services, do you <strong>no</strong>t,<br />

24 Mr. Gappa?<br />

25 A Yes.

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