Joyce Doty Deposition

JOYCE A. DOTY 10/24/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334MIDWEST LITIGATION SERVICES

1 (Pages 1 to 4)

1 IN THE CIRCUIT COURT OF PETTIS COUNTY STATE OF MISSOURI

2 ROBERT J. DOTY and )

3 JOYCE DOTY, ) )

4 Plaintiffs, ) )

5 vs. ) Case No. 13CO-CC00004-01 )

6 JOHN J. LUSCOMBE and ) MARTHA SMITH, )

7 ) Defendants. )

89

1011121314151617 VIDEOTAPED DEPOSITION OF JOYCE A. DOTY 18 OCTOBER 24, 201419 20 (Deposition Starting Time: 2:33 p.m.)21 22 232425

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1 I N D E X2 PAGE3 JOYCE A. DOTY4 Examination by Mr. Blaylock 5 5678 E X H I B I T S9 MARKED

10 No Exhibits Marked.111213141516171819202122232425

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1 IN THE CIRCUIT COURT OF PETTIS COUNTY STATE OF MISSOURI

2ROBERT J. DOTY and )

3 JOYCE DOTY, ) )

4 Plaintiffs, ) )

5 vs. ) Case No. 13CO-CC00004-01 )

6 JOHN J. LUSCOMBE and ) MARTHA SMITH, )

7 ) Defendants. )

89

10 VIDEOTAPED DEPOSITION OF JOYCE A. DOTY, 11 produced, sworn and examined on October 24, 12 2014, between the hours of 2:33 p.m. and 13 3:23 p.m. of that day, at the law offices of 14 Kempton and Russell, 114 East Fifth Street, 15 Sedalia, Missouri, before J. D. Martin, 16 Registered Professional Reporter, Certified 17 Court Reporter within and for the State of 18 Missouri, in a certain cause now pending in the 19 Circuit Court of Pettis County, State of 20 Missouri, in re: ROBERT J. DOTY and JOYCE DOTY 21 vs. JOHN J. LUSCOMBE and MARTHA SMITH; on behalf 22 of the Defendants.232425

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1 APPEARANCES: 2 For the Plaintiffs:3 T. BRODY KEMPTON

Kempton & Russell 4 114 East Fifth Street

Sedalia, Missouri 65301 5 660-827-0314

660-827-1200 (FAX) 6 [email protected] For the Defendants:9 JEFFREY H. BLAYLOCK

Ford, Parshall & Baker 10 3210 Bluff Creek Drive

Columbia, Missouri 6520111 573-449-2613

573-875-8154 (FAX) 12 [email protected]

VIDEOGRAPHER: KENNY GAMBLE 14 MIDWEST LITIGATION SERVICES15

REPORTED BY:16

J. D. MARTIN, RPR, CCR17 MIDWEST LITIGATION SERVICES

401 Locust Street, Suite 20418 Columbia, Missouri 65201

573-449-056119 573-499-0811 (FAX)

[email protected]



2 (Pages 5 to 8)

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1 It is hereby stipulated and agreed 2 by and between counsel for Plaintiffs and 3 counsel for the Defendants that this deposition 4 may be taken in shorthand by J. D. Martin, RPR, 5 CCR and Notary Public, and afterwards 6 transcribed into printing, and signature by the 7 witness expressly reserved. 8 * * * * *9 JOYCE A. DOTY

10 of lawful age, produced, sworn, and examined on 11 behalf of the Defendants deposes and says:12 EXAMINATION13 QUESTIONS BY MR. BLAYLOCK: 14 Q. Could you please state your full 15 name for the record, ma'am?16 A. Joyce Ann Doty.17 Q. Ms. Doty, you were here during the 18 deposition of your husband, Robert Doty, 19 correct?20 A. Yes.21 Q. And so you know how this works, at 22 least to some extent having sat through his 23 deposition. Have you ever given a deposition 24 before?25 A. No.

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1 Q. Have you ever testified in court 2 before?3 A. No.4 Q. As with your husband, if at anytime 5 I ask you a question that you do not understand 6 or can't hear, please let me know and I will try 7 the rephrase it such that you can hear it or 8 understand it. If you need to take a break, let 9 us know. I just ask that you not do so if we

10 have a question pending. 11 Also if you could make sure to wait 12 to respond to a question until the question is 13 completely asked, that way the Court Reporter 14 isn't trying to take down both of us at the same 15 time. Okay?16 You're married to Robert Doty, 17 correct?18 A. Yes.19 Q. And when were you the two of you 20 married?21 A. June 24, 1962. You want to know 22 the date?23 Q. Yes. How many children do you 24 have?25 A. Three.

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1 Q. And what are their names and ages?2 A. Randall Kevin.3 Q. Where does he live?4 A. In St. Thomas in the Virgin 5 Islands.6 Q. Okay. How old is he?7 A. He was born in '63.8 Q. Okay. And the other two?9 A. Lisa Annette.

10 Q. And how old is she and where does 11 she live? 12 A. She lives in Lake Charles, 13 Louisiana. And she was born in '66.14 Q. Okay. And the third child?15 A. Julie Christine.16 Q. Where does she live and what is her 17 age?18 A. She lives in San --19 Q. San Antonio?20 A. Yes.21 Q. Okay. Go ahead.22 A. She's in '69.23 Q. Okay. To your knowledge do you 24 have any relatives that live in Pettis County?25 A. No. None.

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1 Q. Where were you born and raised, 2 ma'am?3 A. Napton, Missouri.4 Q. Where is Napton?5 A. A mile and a quarter -- I was born 6 a mile and a quarter north of Napton.7 Q. Okay. 8 A. Okay.9 Q. Where is Napton, Missouri located?

10 What county?11 A. Saline.12 Q. Oh, okay. Where is it in relation 13 to -- so you were what, 30 or 40 miles from 14 where Bob grew up?15 A. No. Actually about 10 or 12.16 Q. That close. Okay.17 A. Right.18 Q. You knew each other --19 A. We didn't know each other except 20 through 4-H. 21 Q. Okay.22 A. Until we went to the University of 23 Missouri and started dating.24 Q. Okay. And when did you get your 25 high school degree?



3 (Pages 9 to 12)

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1 A. In '60, I think it was.2 MR. BLAYLOCK: Now, Bob, you can't 3 give her the answers. 4 THE WITNESS: I'm not good on 5 dates. He's good on dates. I am not good on 6 dates.7 Q. (By Mr. Blaylock) You went to the 8 University of Missouri during what period of 9 time?

10 A. Yes. Two years.11 Q. And did you obtain a degree?12 A. No.13 Q. Have you since then?14 A. No.15 Q. What was your major?16 A. Home economics.17 Q. Okay. And that's where you became 18 better acquainted with Bob.19 A. Yes.20 Q. Okay. Do you hold any licenses or 21 certifications?22 A. None.23 Q. Your husband mentioned that you 24 have a shop or a store in Blackwater, Missouri.25 A. I do.

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1 Q. What is the name of that?2 A. Blackwater Treasures.3 Q. And how long have you operated 4 that?5 A. Ten years.6 Q. Do you have any employees?7 A. None full-time. I have one there 8 today.9 Q. Okay. Do you have any other

10 occupations outside of the home?11 A. Not at this time.12 Q. Okay. Do you -- well, I assume you 13 have farming background experience. But can you 14 tell me what that is?15 A. Well, I was raised on a farm.16 Q. Okay.17 A. We farmed all of our married life.18 Q. You assisted Bob with his farming 19 operation after the two of you were married?20 A. Yes. To some extent. Not to --21 Q. Did you get actively involved in 22 the cattle production end of things?23 A. I raised cattle in 4-H.24 Q. Okay.25 A. I bought my first heifer and then

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1 raised cattle. And we showed cattle. I only 2 showed at the county fairs. I never did show at 3 the State Fair.4 Q. What breed did you raise primarily?5 A. Shorthorn. Registered Shorthorn.6 Q. Not Milking Shorthorn?7 A. No. Registered Shorthorn.8 Q. Did the family -- did you have 9 bulls?

10 A. Sure.11 Q. Okay. Did you ever work with the 12 bulls?13 A. No.14 Q. Would you generally -- would you 15 agree that, generally speaking, bulls are more 16 aggressive than cows?17 A. I would assume. Most males are 18 more aggressive than females.19 Q. That's fair. Did you ever have a 20 situation where you were threatened or attacked 21 by a bull?22 A. None. No.23 Q. Or any others on your family farm?24 A. Bulls?25 Q. Any one threatened by a bull?

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1 A. No.2 Q. Or attacked by a bull?3 A. Not that I know of.4 Q. Then after you and Bob married and 5 Bob continued farming, what was your exposure to 6 the cattle operation after you were married?7 A. Well, for the first few years we 8 had our own cattle. We had our own cattle at 9 first before it went into the partnership.

10 Q. Okay.11 A. And then I was involved less when 12 it went into the partnership, because there was 13 enough men around to basically do the job.14 Q. What was the -- what would your 15 involvement in the operation?16 A. I would say mostly recordkeeping. 17 Other than if they needed help moving cattle 18 from field to field --19 Q. Okay.20 A. -- or on highways or across 21 highways or whatever like that.22 Q. That would be rather infrequent --23 A. Right.24 Q. -- that you would get involved 25 doing that.



4 (Pages 13 to 16)

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1 A. Yes.2 Q. Again during the time that your 3 husband raised cattle after the two of you were 4 married, are you aware of any situation where 5 any of the bulls that they owned over the years 6 threatened or attacked anybody?7 A. No.8 Q. Do you have any experience working 9 with dairy cattle?

10 A. None. Daddy always milked cows. 11 You know. I probably know how to milk a cow, if 12 that's what you're asking.13 Q. Well, did he have a dairy bull?14 A. No. He had a Shorthorn bull.15 Q. Do you remember what the 16 disposition of that Shorthorn bull was? 17 A. Not to this date I don't remember. 18 I'm sorry.19 Q. That's okay. Have you ever been to 20 the milk barn where Bob was injured that he 21 testified about earlier? 22 A. No, I have never been in the barn. 23 I have picked up milk at the cooler.24 Q. Right next to the barn?25 A. Right.

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1 Q. Okay.2 A. But I have never been in the barn.3 Q. When you picked up milk, did you 4 ever see any of the cattle?5 A. Up in the dairy milk area?6 Q. Either in the milking area, or in 7 the holding pen, or nearby where you might have 8 walked?9 A. I think they were always through.

10 I don't ever remember seeing any of that.11 Q. Did you have any appreciation of 12 the fact that there was a bull on the farm?13 A. Did I have an appreciation?14 Q. Did you understand that there was a 15 bull on the farm?16 A. Common knowledge would have told me 17 there was a bull on the farm.18 Q. You made that assumption.19 A. Yes, sir.20 Q. But you didn't actually see the 21 bull to your knowledge.22 A. No, sir. I have never seen the 23 bull in fact.24 Q. What is your understanding of how 25 Bob -- well, let me ask this -- were you aware

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1 that Bob was going to the farm that morning 2 before he was headed to Kansas City to pick up 3 your son?4 A. I was aware of that fact, right.5 Q. Had he mentioned that to you the 6 day before?7 A. No, he probably just told me that 8 morning before.9 Q. What did he tell you he was going

10 to do?11 A. To get milk, I think, is what he 12 told me he was going to do.13 Q. So, he was going to get milk, bring 14 it back home, and then go get your son?15 A. Right.16 Q. Did he mention anything at all 17 about working cattle?18 A. No.19 Q. Would you have discouraged him from 20 working cattle if he had mentioned it to you? 21 MR. KEMPTON: Objection. Calls for 22 speculation. You can answer if you want.23 THE WITNESS: Would I have objected 24 to him working cattle?25 Q. (By Mr. Blaylock) Discouraged him

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1 from doing that?2 A. No. 3 Q. Okay.4 A. He was highly capable.5 Q. And I wasn't suggesting otherwise. 6 Do you remember what time it was that Bob left 7 that morning?8 A. I don't. I'm sorry. When it comes 9 to times of that day --

10 Q. Do you remember was it before or 11 after lunch, do you know, that he left?12 A. I don't remember when Randy's 13 flight was in.14 Q. Okay. 15 A. But I assume morning -- usually 16 morning he got milk. I will say that.17 Q. And was he usually the person who 18 would pick the milk up?19 A. Yes.20 Q. How did you find out about the fact 21 Bob had been injured?22 A. John came in. And I had quite a 23 few customers in the shop. And he said everyone 24 has to leave. Bob has been hurt bad. And I 25 went to get my purse and my keys to drive my



5 (Pages 17 to 20)

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1 car, and he wouldn't let me drive my car. He 2 wanted me to ride with him. So, I rode with him 3 to the emergency room in Boonville.4 Q. Is that Cooper County Memorial 5 Hospital?6 A. Yes. Right.7 Q. On the way there did you have any 8 discussion or conversation with Bob -- I'm sorry 9 -- John, about how the accident occurred?

10 A. I can't remember him saying how it 11 occurred. I remember -- the only thing I 12 remember him telling me, he told me about four 13 times -- when I get very upset, I get very very 14 quiet. And he probably sensed that. And I 15 remember him saying four times, Joyce, I have 16 got good insurance. Don't worry.17 Q. I'm sorry. Go ahead.18 A. I never thought about insurance. I 19 wasn't even -- I was just wondering how Bob was 20 doing. You know, I was concerned about what 21 went on.22 Q. Do you remember anything else that 23 John said?24 A. No, I don't.25 Q. Was there other conversation, and

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1 you just don't remember it?2 A. I'm not sure.3 Q. Have you had any conversation with 4 John or Martha Smith since that date as to how 5 the accident occurred?6 A. Martha took me on to Columbia to 7 the University after the helicopter left. I 8 don't remember her saying anything about the 9 accident. And at that point I wasn't -- I'm not

10 the inquisitive kind that I have to know every 11 single thing. I was more concerned about him.12 Q. Okay. So, during that trip there 13 was no discussion between the two of you as to 14 how or why the accident occurred.15 A. No, I don't remember if there was.16 Q. Have you had any discussions with 17 anyone other than Bob as to how the accident 18 occurred? And we have talked about John and 19 Martha. But have you talked to anyone else 20 about how the accident occurred?21 A. Afterwards?22 Q. Yes, ma'am.23 A. Probably I have said something to 24 Freddie.25 Q. Okay. Fred Butler?

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1 A. Yes. 2 Q. Tell me as best you can what 3 conversation you have had with him about what 4 happened.5 A. I just asked him what happened.6 Q. Okay. Do you remember when this 7 conversation took place?8 A. No. It would have probably been a 9 month -- it took over a month for us to get

10 through all the medical. So, it was probably at 11 least a month or so afterwards.12 Q. And was there just the one 13 conversation with Fred about how it happened?14 A. I assume so. I don't remember 15 asking him anymore.16 Q. What is your recollection of what 17 Fred told you?18 A. Just exactly what Bob told you this 19 morning.20 Q. No variation whatsoever? 21 A. No.22 Q. Where did that conversation take 23 place?24 A. It was probably at my home.25 Q. Would Fred have had a reason to be

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1 there?2 A. That would have been in -- I don't 3 remember when it was exactly. So --4 Q. Before December of two thousand -- 5 I'm sorry -- before March of 2013?6 A. You know, I might have given him 7 something out of the garden. I might have given 8 him something that I had fixed or something. 9 But I don't know what the -- I don't know what

10 the reason would have been.11 Q. During your conversation with Fred 12 did he mention anything to you about any prior 13 incidents? And by that I mean incidents that 14 occurred before August 30, 2012 at which the 15 bull acted aggressively?16 A. To him? Yes.17 Q. What did he tell you?18 A. He just told me that the bull had 19 gotten him down before.20 Q. Gotten him down? Were those the 21 words he used? 22 A. That's what I understood.23 Q. Okay.24 A. It may be a different description 25 than what you would call it. But when a bull



6 (Pages 21 to 24)

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1 attacks someone, that would be my assumption of 2 the word I would use.3 Q. Did he tell you that the bull 4 attack him?5 A. Yes.6 Q. Did he tell you when that happened?7 A. No, I don't know a date. But I 8 know it happened prior to Bob's accident.9 Q. Did he tell you the circumstances

10 of that?11 A. No, he didn't.12 Q. Did he tell you whether or not he 13 was injured?14 A. He was hurt. I don't know how bad. 15 Because I did not see him or know of it at the 16 time.17 Q. Do you know if John Luscombe or 18 Martha Smith were aware of this incident between 19 Fred Butler and the bull?20 A. I do not know.21 Q. Did Fred tell you whether or not he 22 told John Luscombe or Martha Smith about that 23 incident?24 A. I don't know that. 25 Q. Well, I'm not asking if you know

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1 whether or not he did. Did he tell you that he 2 did?3 A. No.4 Q. Okay. Have you had any discussions 5 with anyone else about any incidents involving 6 the bull which you understand to have occurred 7 before August 30 of 2012 in which the bull acted 8 in an aggressive manner?9 A. I know what Bob told me about

10 meeting Judy on the sidewalk in Blackwater.11 Q. Okay.12 A. I know that.13 Q. And what did Bob tell you that Judy 14 said?15 A. Basically that she was in a skirt 16 in a pasture -- which they just live across from 17 them -- and said that the bull had chased her 18 out of the pasture, and she had to get over the 19 fence. And was very concerned because they have 20 little children.21 Q. Judy and her husband, John's son, 22 have young children? 23 A. Yes.24 Q. Right. Any other conversations 25 with anyone else about any alleged prior

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1 incident involving the bull -- by prior I mean 2 before had August 30 of 2012 in which the bull 3 was alleged to have acted aggressively?4 A. No, sir.5 Q. You have no personal knowledge of 6 the disposition of the bull I take it.7 A. No, sir. I have never seen the 8 bull.9 Q. Have you ever heard a tape

10 recording of a statement of my clients taken by 11 Aaron Smith?12 A. Have I heard a recording?13 Q. A recording of a statement that 14 Aaron Smith made of my clients?15 A. I have not heard that. I know 16 there was a recording. But I have not heard of 17 the recording.18 Q. You haven't actually heard the 19 recording itself.20 A. No, sir.21 Q. Do you have any knowledge of what 22 happened to that recording?23 A. No, sir, I don't.24 Q. Have you listened to the recording 25 of the statement taken of Bob while he was at

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1 Rusk Rehab?2 A. I heard it today for the first 3 time.4 Q. When we played it during Bob's 5 deposition?6 A. Yes, sir.7 Q. And to be fair, we didn't play the 8 entire statement. But you heard that portion of 9 the --

10 A. I heard enough to realize how tired 11 his voice sounded. That was not his normal 12 voice.13 Q. Do you have any knowledge of what 14 pain medications Bob might have been taken 15 within the 24 hour period before he gave his 16 statement? 17 A. I know they were always giving him 18 pain medication before he did therapy. Because 19 it was so hard for him to do therapy. And he 20 was in so much pain, that they always gave him 21 pain medicine ahead of it.22 Q. Do you have any specific knowledge 23 of what pain medications he took --24 A. I do not.25 Q. -- during that 24 hour period?



7 (Pages 25 to 28)

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1 A. No. I knew what he was on. You 2 know, they told me in the hospital of what he 3 was on. I didn't ask when he got to Rusk what 4 medication he was on. We were trying to get his 5 hand to work.6 Q. Was Bob reluctant to take pain 7 medications?8 A. Not at that point. He was hurting 9 bad enough that he would have taken them.

10 Q. Bob testified at some length this 11 morning about his physical limitations and pain 12 and discomfort that he continues to experience. 13 Can you add anything to what Bob testified to 14 this morning from your observations?15 A. Bob has always -- ever since he 16 lost his arm -- like everything he did was a 17 challenge, to see it through and to get it 18 accomplished. I have seen a complete change in 19 attitude of giving up, and not having the 20 strength to accomplish what he wants to 21 accomplish. 22 As far as little nails or little 23 screws or anything very delicate, he can no 24 longer handle. I mean his fingers just will not 25 let him do anything. And where I have the

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1 antique shop and he repaired things in the past 2 -- done electrical wiring and things like 3 that -- those things are -- you know, it's just 4 almost impossible. 5 I have seen him hire help. I have 6 seen him go get help when he needs to do things 7 with machinery that he's using -- that he never 8 had to do before. 9 I think one of the biggest things

10 is around the grandkids and things like that, 11 they are all very sports -- all in sports. You 12 know, things like that. That he was a pole 13 vaulter. He was involved in sports, too. You 14 know. That was a biggie for him. 15 There is just, you know, a 16 completely different overall attitude about 17 everything. 18 From the time that he was in the 19 hospital, I have financially taken care of 20 paying things and taking care of the majority of 21 what needs to be taken care of.22 Q. Do you have a figure, if you know, 23 the amount that you all have spent out-of-pocket 24 for medical expenses, prescription drugs, 25 arising out of the August 30 incident?

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1 A. I don't have idea at this point.2 Q. Did you read anything to prepare 3 for your deposition today?4 A. Aaron gave me a packet. 5 MR. KEMPTON: No. I'm Brody.6 THE WITNESS: Oh, I'm sorry. Gave 7 me a packet to look over. And I signed, I 8 think.9 Q. (By Mr. Blaylock) You looked at

10 some answers to the written discovery that we 11 sent you earlier on in the case --12 A. Right.13 Q. Interrogatories and Requests for 14 Production.15 A. Yes.16 Q. Okay. Having looked at those, are 17 there any responses to those interrogatories 18 that you believe at this time need to be 19 supplemented that you can supplement or answers 20 that need to be changed?21 A. I didn't see anything. It does say 22 that I got in John's car. Well, John had a 23 pickup. I got into John's pickup.24 Q. Okay.25 A. That was the only thing that I saw

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1 that I think might be different.2 Q. That was the day that he drove you 3 to the hospital?4 A. Yes.5 Q. Okay. Did you consider John and/or 6 Martha to be friends --7 A. Yes.8 Q. -- before --9 A. Definitely.

10 Q. -- Bob was hurt? Okay. Did you 11 socialize with either one of them?12 A. No, not necessarily.13 Q. What was the nature of your 14 relationship? In other words, what did you do 15 with them or for each other, that sort of thing?16 A. I made pies. Homemade pies. And 17 we traded milk for pies. 18 Q. Okay.19 A. And that was the agreement that we 20 started out with. And then Bob saw things that 21 he could help with. And so --22 Q. I'm sorry. Go ahead.23 A. I think we went to his mother's 24 funeral.25 Q. Okay.



8 (Pages 29 to 32)

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1 A. I did not personally know his 2 mother. But we went to her funeral in respect 3 for them.4 Q. Did Bob ever mention the bull 5 before August 30, 2012?6 A. No.7 Q. And had you ever heard anyone talk 8 about the bull before August 30, 2012?9 A. No, sir.

10 Q. I take it that it's not your 11 intention to offer any opinions about this 12 bull's disposition at trial.13 MR. KEMPTON: No, it's not.14 Q. (By Mr. Blaylock) You have some 15 general ideas about bull's behavior.16 A. I would say this -- if we had had a 17 bull on our farm that had acted like this bull, 18 it would not have been on our farm very long. 19 Q. Okay. Do you know what knowledge 20 John and Martha had of these prior behaviors?21 A. I don't.22 Q. Do you have any knowledge that this 23 bull, when compared to other dairy bulls of the 24 same breed, was any more or less aggressive?25 A. I have no idea.

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1 Q. Are you critical of the decision 2 that was made for Martha to drive Bob to the 3 hospital?4 A. No, sir.5 Q. Has Bob ever told you that he 6 believed that it was John or Martha's fault that 7 the accident happened? 8 A. Bob is not that kind of person.9 Q. Do you believe that your husband

10 ever takes unnecessary risks?11 A. No.12 Q. Do you believe he did so on the day 13 that he was hurt?14 A. No. I would have done the same 15 thing.16 Q. Do you believe he would have gone 17 into that holding pen even if he had known that 18 the bull was in there? 19 MR. KEMPTON: Calls for 20 speculation. You can answer.21 THE WITNESS: If he knew it was a 22 mean bull, I know he wouldn't have gone in 23 there. If you're talking about an ordinary 24 bull, yes.25 Q. (By Mr. Blaylock) I assume that

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1 you had to provide some assistance to Bob, and 2 still might, as a result of any condition that 3 he continues to suffer from as a result of the 4 accident. Can you tell me what sort of care you 5 have had to provide for Bob since he came home 6 from Rusk, and how that might have changed or 7 progressed over time?8 A. You want to go back to when he was 9 in the University?

10 Q. That's fine.11 A. Okay.12 Q. If that would apply to that time.13 A. Because his hand was tied to a 14 board because all the central lines were going 15 into his arm, he could not feed himself 16 whatsoever. He was supposed to drink -- I don't 17 know if he was six or eight Ensures because he 18 couldn't eat. So, he had to sip on those. So, 19 we had to be there -- I had to be there -- 20 either my daughter or I had to be there. 21 My daughter was in Moberly at the 22 time. And we tried to do a little bit of 23 trading off. I did most of it when he was in 24 the hospital. 25 So, the doctor said he had to sip

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1 on that enough to get enough nutrition so his 2 body would heal. So, that was however many days 3 he was in the University.4 Q. What hours would you be there each 5 day? 6 A. It was all during daytime hours.7 Q. Okay.8 A. You know, it was after dark when I 9 left.

10 Q. Okay. More into night.11 A. Right.12 Q. Okay. Okay and then --13 A. Then we went to Rusk --14 Q. Okay.15 A. -- after that. Basically we fed 16 him because his hand would not even work enough 17 that he could hold a fork. I kept telling them 18 at the University that he couldn't even squeeze 19 my hand or squeeze my fingers. And I kept 20 saying at the University when he was there, that 21 something was wrong with his hand. Of course, 22 they were more worried about saving his life. 23 And I fully realized that they were doing 24 everything that they could to progress his 25 living. And I was worried about his hand.



9 (Pages 33 to 36)

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1 Because I knew if his hand didn't work, he 2 wasn't going to be a happy camper. 3 And anyway, until he could get 4 strength enough in that hand, we fed him every 5 meal.6 Q. How long did you have to feed him 7 while he was at Rusk?8 A. And I can't tell you that. I'm 9 sorry. I didn't write down anything.

10 Q. Well, did either one of you keep a 11 calendar --12 A. No.13 Q. -- of significant event?14 A. No. There was too much going on.15 Q. Was he able to feed himself by the 16 time he was discharged from Rusk?17 A. Yes. Basically, barely.18 Q. Okay.19 A. He could sit up.20 Q. Does he require any assistance in 21 that regard today?22 A. Not eating. He has wounds that had 23 to be -- we had to use a special honey -- I 24 think it was surgical honey or something like 25 that, where they had taken the tubes out. So,

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1 those dressings had to be changed.2 Q. Was that after he was discharged to 3 home?4 A. Right.5 Q. How long did you have to change 6 those dressings?7 A. I don't remember how long. It was 8 just whatever it took.9 Q. Are we talking months or weeks?

10 A. It was probably at least a month.11 Q. Okay. 12 A. And there was one suture left even 13 after that that they didn't take out before he 14 left the hospital. And the home health nurse 15 took that out.16 Q. How else did you have to assist Bob 17 -- well, have we covered the things that you had 18 to do to assist Bob while he was at UMC and 19 Rusk?20 A. Right. They pretty well got him 21 in and out of the braces. When we were back 22 home then I had to get him out of braces. And 23 the showering -- you had to wrap everything. 24 Wrap all the wounds basically in Saran Wrap and 25 tape so he could take a shower or anything like

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1 that.2 Q. And where were the wounds located?3 A. Basically in his side is where they 4 put the tubes in for the lungs to drain the 5 blood out and everything.6 Q. What about the scars from the 7 wounds from the surgical procedure? Did those 8 require dressing changes after he was discharged 9 to home or were those pretty well healed by the

10 time he got home?11 A. I think there were some that 12 required. But not many. I think they were 13 pretty well healed.14 Q. You mentioned you had to help him 15 get in and out of the braces.16 A. Uh-huh.17 Q. He was wearing the neck brace and 18 the upper body brace, is that right?19 A. Right.20 Q. Was Bob eventually able to get in 21 and out of the braces himself?22 A. He's not able to get in and out of 23 the back brace -- the front and back brace 24 himself. It has several different --25 Q. Are you referring to the brace that

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1 Bob testified about earlier that he got within 2 the last year or so. 3 A. No, that was the one that the 4 University sent him home with.5 Q. Okay. Does he still use that brace 6 from time to time?7 A. I have seen him put it on from time 8 to time.9 Q. Okay. When is the last time that

10 he wore that brace?11 A. I can't give you a date on that. 12 I'm sorry. When the pain gets bad, then he will 13 put it on. Or when he becomes so uncomfortable 14 that he can't --15 Q. Is that something that happens, 16 say, once a month?17 A. I'd say on that regular basis.18 Q. As far as the other brace that I 19 was asking about that Bob said he has gotten in 20 the last year, is he able to put that on 21 himself?22 A. I can't remember. I'm sorry.23 Q. Do you remember helping him put it 24 on?25 A. Yes.



10 (Pages 37 to 40)

Page 37

1 Q. And when was the last time that you 2 helped him do that?3 A. Again, I can't give that date.4 Q. What other activities or -- 5 activities of daily living or other activities 6 have you had to assist Bob with since he's been 7 back home?8 A. Sometimes just getting clothes on 9 sometimes. Before, you know, he could always

10 button all of his own buttons, tie his own shoes 11 and do all of that himself. And there is not 12 every day I have to do that. It's just on 13 occasion that it doesn't seem like his hand is 14 working or whatever.15 Q. Since Bob has gotten home, has the 16 use of his hand improved?17 A. I can't see that it has.18 Q. Does Bob still do any type of home 19 exercise program?20 A. From time to time he does back -- 21 well, I don't know -- there are back and leg 22 exercises I guess. They didn't give him any 23 exercises necessarily on his hand to do.24 Q. Does he do some hand exercises, 25 even if it's like isometric stretching?

Page 38

1 A. I have seen him do things like 2 that. But I don't see him doing anything else.3 Q. Bob's sleep habits -- have you 4 noticed a change in those?5 A. He doesn't sleep well.6 Q. And did Bob sleep well before the 7 accident?8 A. Yeah.9 Q. Does he get up in the night and

10 move around?11 A. He does get up usually at least 12 once a night.13 Q. Have you ever had anyone live in 14 the home to provide assistance for Bob?15 A. No, we haven't.16 Q. Have you hired anyone to assist Bob 17 -- and we talked about some things that you 18 hired people to do, for instance, at the store 19 or around the house. But have you hired anybody 20 to assist Bob with any activities of daily 21 living? Dressing, changing --22 A. No.23 Q. -- feeding himself, that sort of 24 thing? Bathing?25 A. No.

Page 39

1 Q. Bob is able to -- basically he can 2 bathe himself now.3 A. Sure.4 Q. And for the most part he can dress 5 himself. Sometimes he requires assistance.6 A. Yes.7 Q. Is there any other specific thing 8 that you haven't already mentioned where you 9 have to provide Bob with physical assistance?

10 A. Carrying anything heavy.11 Q. Okay. Does Bob do most of the 12 driving?13 A. Not anymore. I usually drive.14 Q. You do it more than he does?15 A. Yeah.16 Q. Is it uncomfortable for Bob to 17 drive any distance?18 A. Seems like it. I drove most of the 19 trips to Lake Charles and San Antonio.20 Q. Is there anything else that you do 21 now or do more of that Bob used to do?22 A. He used to -- he used to 23 financially pay the bills and stuff. Now I do 24 that.25 Q. And by that, you're the one that

Page 40

1 sits down and balances the checkbook, and pays 2 the monthly bills and that sort of thing?3 A. Right.4 Q. What do you attribute that to?5 A. I don't know. I don't know whether 6 it's concentration or whether it's -- I don't 7 know the answer to that.8 Q. Okay. And I don't ask this 9 question just to pry. But because this is the

10 basis of your claim in this case, I need to ask 11 about how your relationship with Bob has 12 changed, if at all, since the accident in terms 13 of your married life.14 A. Stress.15 Q. Okay. 16 A. That's one big thing. Maybe not as 17 compatible. Because his body is different. But 18 that's the only two things that I can think of 19 right now.20 Q. And when you say compatible, you're 21 referring to marital relations?22 A. Right. Our husband and wife 23 relationship or whatever.24 Q. It's less frequent and less 25 enjoyable? Is that a fair -- I don't want to



11 (Pages 41 to 44)

Page 41

1 put words in your mouth.2 A. Well, let's just say you have got 3 metal against -- it's a whole different feeling. 4 Okay?5 Q. Other than your attorney, have you 6 spoken with anyone who has told you that this 7 bull was more dangerous than other bulls of the 8 same breed?9 MR. KEMPTON: Other than what she

10 has already talked about?11 MR. BLAYLOCK: Yeah.12 THE WITNESS: What do you mean by 13 that?14 Q. (By Mr. Blaylock) Well, have you 15 spoken with anyone who has told you that the 16 bull that injured Bob was more dangerous than 17 other bulls of the same breed?18 A. I haven't spoken to anyone about 19 that.20 MR. BLAYLOCK: Okay. I think I'm 21 about done, Brody. I'm just going to take a 22 short break and step out real quick. I'll be 23 right back.24 (OFF THE RECORD. )25 Q. (By Mr. Blaylock) Ms. Doty, we're

Page 42

1 back on the record after a sort break. I just 2 have a couple of questions. But before I go on, 3 is there anything about your testimony up to 4 this point as you sit here right now that you 5 can think of that you want to change, or add to, 6 or amend in any way?7 A. No.8 Q. Going back to the situation that 9 you were telling me about -- I believe Bob told

10 you that Judy Luscombe had mentioned an incident 11 when she was in the pasture with the bull.12 A. Right.13 Q. And I may have misunderstood you. 14 Did you say that you were concerned about the 15 situation because she and her husband have young 16 children? Or was it Judy told Bob that she was 17 concerned because she had --18 A. No. I was concerned.19 Q. Okay. Did Bob at anytime tell you 20 that Judy was concerned because she had small 21 children?22 A. No.23 Q. And I take it you haven't had any 24 personal conversation with Judy about that 25 situation.

Page 43

1 A. No, I haven't. I have talked to 2 Dan.3 Q. I'm sorry?4 A. I have talked to Dan, her husband.5 Q. Okay.6 A. But not about that situation.7 Q. Have you had any discussion with 8 Dan about the bull?9 A. About the bull?

10 Q. Yes, ma'am.11 A. No, not about the bull.12 Q. Okay. Anything regarding this 13 lawsuit or any claim that is being made?14 A. Yes.15 Q. And what would that be?16 A. I explained to him that how many 17 dollars worth of medical expenses that we had. 18 And the only thing that we could do was to go 19 through this process.20 Q. Do you know what your medical 21 expenses have been up to this point?22 A. I have seen a list of them. Do you 23 want me to know the exact amount to the penny?24 Q. If you know in general.25 A. I know it's close to 300,000.

Page 44

1 Q. And are you personally responsible 2 for any portion of those expenses?3 A. Not of those expenses. Those are 4 all from the bull.5 Q. What other medical expenses -- 6 well, are there other medical expenses relating 7 to this incident that --8 A. Are not included?9 Q. Yeah, that are not included?

10 A. I noticed that when he had a colon 11 scan because he had had diarrhea for three 12 months afterwards -- we thought maybe he had 13 picked up a bug in the hospital or something -- 14 those expenses aren't added in. 15 And also he was choking -- just 16 drinking water sometimes he would choke. So, 17 they did a throat scope in Marshall. Both of 18 those were done in Marshall with local 19 physicians. And those bills were not added to 20 the claim.21 Q. Okay. Now, did you have to pay 22 those expenses, or were those covered by 23 Medicare, or do you know?24 A. Those were covered by our insurance 25 and Medicare I'm sure. Because we have not



12 (Pages 45 to 48)

Page 45

1 received billing on them.2 Q. And at this time I believe you 3 indicated earlier you didn't know that a general 4 or an estimate of the amount that you have been 5 out-of-pocket for medical and related expenses 6 as a result of the accident, is that correct?7 A. I don't know. 8 Q. Do you believe it's in the 9 thousands of dollars?

10 A. No, not really. I don't know.11 Q. Okay.12 A. I just don't know.13 Q. Okay. You don't even feel 14 comfortable making --15 A. No, I don't. And I don't know what 16 you expect. Whether it be prescriptions or 17 whether it would have been like the procedures 18 that he had done --19 Q. Right.20 A. -- because of the -- I don't know 21 what you mean. 22 Q. Well, I'm asking if you know what 23 you're out-of-pocket expenses have been for any 24 medical or prescription costs incurred by Bob as 25 a result of the accident. And if you don't know

Page 46

1 I understand. 2 A. I don't know.3 Q. Okay. Has any physician told you 4 that that diarrhea condition was as result of 5 the hospitalization?6 A. No. They sent the results off. 7 And it didn't have whatever they were looking 8 for. Whether it was some kind of a bug that you 9 can get in the hospital.

10 He wasn't eating for so many days, 11 and it gets your system all out of whack. And 12 so -- but he had diarrhea for three months after 13 this.14 Q. Did any physician explain to you 15 the cause of that condition?16 A. No.17 Q. And then you mentioned the 18 difficulty swallowing.19 A. Yes.20 Q. Has that resolved?21 A. Not to a certain extent. There are 22 still times he gets choked. The diarrhea has 23 stopped.24 Q. Has any physician told you what the 25 cause of the difficulty swallowing that Bob has?

Page 47

1 A. No. They couldn't find anything. 2 They assumed it was the tube going down his 3 throat did something. But, anyway -- 4 MR. BLAYLOCK: I don't think I have 5 anything further, Brody. And whatever you all 6 want to do on signature is fine.7 MR. KEMPTON: I want her to read 8 and sign. I have no questions.9 (OFF THE RECORD.)

1011 (Deposition Ending Time: 3:23 p.m.)1213141516171819202122232425

Page 48

1 CERTIFICATE23 I, J. D. Martin, Registered Professional 4 Reporter, Certified Court Reporter for the State 5 of Missouri, do hereby certify that the witness 6 whose testimony appears in the foregoing 7 deposition was duly sworn by me; that the 8 testimony of said witness was taken by me to the 9 best of my ability and thereafter reduced to

10 typewriting under my direction; that I am 11 neither counsel for, related to, nor employed by 12 any of the parties to the action in which this 13 deposition was taken, and further that I am not 14 a relative or employee of any attorney or 15 counsel employed by the parties thereto, nor 16 financially or otherwise interested in the 17 outcome of the action.18192021

____________________________22 J. D. Martin, RPR, CCR232425



13 (Pages 49 to 52)

Page 491 COURT MEMO

IN THE CIRCUIT COURT OF PETTIS COUNTY, MISSOURI2

ROBERT J. DOTY and JOYCE DOTY )3 vs. ) Case No. 13CO-CC00004-01

JOHN J. LUSCOMBE and MARTHA )4 SMITH )

5 CERTIFICATE OF OFFICER AND STATEMENT OF DEPOSITION CHARGES (Rule 57.03(g)(2)(a) & Sec. 492.590 RSMO 1985.)

6 DEPOSITION OF JOYCE A. DOTY OCTOBER 24, 2014

7Name and address of person or firm having custody of the

8 original transcript: JEFFREY H. BLAYLOCK Ford, Parshall & Baker

9 3210 Bluff Creek Drive Columbia, Missouri 65201

10 TAXED IN FAVOR OF: JEFFREY H. BLAYLOCK

11 TOTAL: $ TAXED IN FAVOR OF: T. BRODY KEMPTON

12 TOTAL: $

13 Upon delivery of transcript, the above charges had not yet 14 been paid. It is required that all charges will be paid 15 in the normal course of business.1617 MIDWEST LITIGATION SERVICES18 711 N. 11th Street19 St. Louis, Missouri 63101202122 __________________________23 NOTARY PUBLIC24 My Commission Expires:25

Page 50

1 MIDWEST LITIGATION SERVICES

2 November 6, 2014

3 T. BRODY KEMPTONKempton & Russell

4 114 East Fifth Street Sedalia, Missouri 65301

5IN RE: ROBERT J. DOTY and JOYCE DOTY vs. JOHN J.

6 LUSCOMBE and MARTHA SMITH

7 Dear Mr. Kempton:

8 Please find enclosed your copies of the deposition of JOYCE A. DOTY taken on October 24, 2014 in the

9 above-referenced case. Also enclosed is the original signature page and errata sheets.

10Please have the witness read your copy of the

11 transcript, indicate any changes and/or corrections 12 desired on the errata sheets, and sign the signature 13 page before a notary public.1415 Please return the errata sheets and notarized 16 signature page to Jeffrey Blaylock for filing prior to 17 trial date.1819 Sincerely,202122 J. D. MARTIN, RPR, CCR2324 Enclosures25

Page 51

1 ERRATA SHEETWitness Name: JOYCE A. DOTY

2 Case Name: ROBERT J. DOTY and JOYCE DOTY vs. JOHN J. LUSCOMBE and MARTHA SMITH

3 Date Taken: OCTOBER 24, 2014

4 Page #_____ Line #_____5 Should read: ____________________________________6 Reason for change: ______________________________78 Page #_____ Line #_____9 Should read: ____________________________________

10 Reason for change: ______________________________1112 Page #_____ Line #_____13 Should read: ____________________________________14 Reason for change: ______________________________1516 Page #_____ Line #_____17 Should read: ____________________________________18 Reason for change: ______________________________1920 Page #_____ Line #_____21 Should read: ____________________________________22 Reason for change: ______________________________2324 Witness Signature: ______________________________25

Page 52

1 STATE OF _______________)23 COUNTY OF ______________)45 I, JOYCE A. DOTY, do hereby certify: 6 That I have read the foregoing deposition;7 That I have made such changes in form8 and/or substance to the within deposition as might9 be necessary to render the same true and correct;

10 That having made such changes thereon, I11 hereby subscribe my name to the deposition.12 I declare under penalty of perjury that the13 foregoing is true and correct.14 Executed this _____ day of _______________,15 20___, at ___________________________.16171819 __________________________20 JOYCE A. DOTY2122 __________________________23 NOTARY PUBLIC24 My Commission Expires:25





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Page 57

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Page 59

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Joyce Doty Deposition

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