EN
Translate:
EN
Scott Johnson
Disability: quadriplegic
Represented by: the Potter Handy Firm ("Center for Disability Access")
Number of lawsuits filed: 6,000+
Targets: gas stations, auto repair shops, and restaurants mostly in the Bay Area
Mr. Johnson drives a specially equipped van. While he can easily have his van refueled by simply honking his horn at a gas station and getting an attendant to refuel for him, he insists on exiting his van to look for items over which to sue.
The deposition testimony below is from a case in which Mr. Johnson testified that he had not even bothered driving his van into the gas station before suing.
Is Mr. Johnson an advocate for the disabled or is he a profiteer? You be the judge. Examination by attorney Ara Sahelian:
____________
12 Q. BY MR. SAHELIAN: Mr. Johnson, I will submit
13 to you it is a Google street shot showing the office and
16:36 14 the two bays. I believe there's two bays. I can't tell
15 if there's a third one, there might be a --. Yes, there
16 are three bays. Did you have this view from the
17 sidewalk, Mr. Johnson?
18 A. BY MR. JOHNSON. Yes.
19 Q. Was that a yes?
20 A. Yes.
16:37 21 Q. Now what stood out to you when you saw this
22 view from the sidewalk?
23 A. I can't get into what you refer to as the
24 office.
25 Q. All right. Did you ask or talk to anyone at
1 the gas station?
2 A. No.
16:37 3 Q. Did you ask if there was a path from the bay
4 area -- strike that. That's confusing.
5 Did you ask whether there was a path from
6 inside one of the bays into the office area?
7 A. No.
16:38 8 Q. Did you speak to anyone about having your
9 automobile serviced?
10 A. No.
16:38 11 Q. What was your purpose in wanting to go into
12 the corner office there?
13 A. To buy gas and oil.
14 Q. And why would you need to go into the corner
15 office to buy gas?
16:39 16 A. Because I can't pump gas.
17 Q. All right. So you were in your wheelchair,
18 and you were looking for gas?
19 A. Looking for a place to get gas.
20 Q. I see. And did it occur to you to go up to
21 one of the bays and to talk to them and see if you rolled
16:39 22 up with your car whether they would pump gas for you?
23 A. I did not do that.
24 Q. All right. Would there be a reason,
25 Mr. Johnson, for you to leave your van and to go inside
1 your office -- inside the office, not your office -- to
2 purchase gas?
16:40 3 A. I'm sorry, I --. Can you reread that?
4 Q. No, I'll reask it. Strike that last question.
5 Would there be a reason for you if you rolled
6 up in your van to one of the pumps for you to exit your
16:40 7 car to purchase gas?
8 A. Yes.
9 Q. Why?
10 A. Because I can't pump my own gas. I need to go
11 ask for assistance.
12 Q. Are you aware of a California law that
13 authorizes you to honk your horn and have someone come up
14 and pump gas for you?
16:41 15 A. I'm not sure if that's what the law is.
16 Q. All right. What is your understanding of the
17 law with respect to having someone at a filling station
18 pump gas for you?
19 A. If there's two or more people on duty, then
20 they are required to.
21 Q. All right. Did you check to see how many
22 people were on duty that day?
16:41 23 A. No. But I can see from the size of the
24 operation I make an assumption that there's going to be
25 more than one. If not, this is the way to find out.
1 Q. I'm sorry, what is the way to find out? By
2 suing? Is that -- is that what you're suggesting?
3 A. No. By asking.
4 Q. All right, so did you go up and ask someone
16:42 5 whether they would pump gas for you if you rolled up?
6 A. No.
7 Q. Why not?
8 A. Because I can't get inside to ask.
9 Q. You can't get inside where?
10 A. What you referred to as the office.
11 Q. Okay. Did you check to see if there was
12 anybody in the office in the first place?
13 A. No.
14 Q. Did you check to see how many people were in
16:42 15 the bays?
16 A. No.
17 Q. Did it occur to you at all that someone
18 working in the bays might be able to answer your
19 question?
20 A. I figure they are busy working in the bay, and
16:43 21 I would go into what you referred to as the office.
22 Q. I see. So you didn't want to interrupt
23 someone in the bay area, and you thought the better way
24 to get their attention was to file a lawsuit; is that
25 correct?
1 MR. POTTER: Objection, argumentative.
2 MR. SAHELIAN: No, it's not. It's just a question.
3 MR. POTTER: It's argumentative. You're trying to
4 make a (audio distortion) for being an advocate.
5 MR. SAHELIAN: No. That's what you're --. That's
6 your guilt -- your conscience, Mr. Potter. I'm asking a
7 straight question.
8 MR. POTTER: Okay.
16:43 9 MR. SAHELIAN: It seems like your conscience is
10 bothering you and --
11 MR. POTTER: My conscience isn't bothering me, and
12 I'm making an objection for the record. And the tone of
13 your voice, it's --
14 MR. SAHELIAN: My -- my -- the tone of my voice is
15 just fine, Mr. Potter. You're the one that seems
16 agitated.
17 Now, Madam Court Reporter, could you reask the
16:44 18 question.
19 (The record was read as follows:
16:43 20 "So you didn't want to interrupt someone in
21 the bay area, and you thought the better way to
22 get their attention was to file a lawsuit; is
23 that correct?")
16:44 24 Q. BY MR. SAHELIAN: So the question calls for a
25 yes or no.
1 MR. POTTER: Same objection.
16:44 2 THE WITNESS: Please reread that again.
3 (The record was read as follows:
16:43 4 "So you didn't want to interrupt someone in
5 the bay area, and you thought the better way to
6 get their attention was to file a lawsuit; is
7 that correct?")
16:45 8 MR. POTTER: The problem here is it's an unfair
9 question. (Simultaneous dialog) --
10 MR. SAHELIAN: Mark, I don't mean -- I do not need
11 speaking objections. Thank you.
12 MR. POTTER: Look, it's an unfair question. It's
13 like asking when did you stop beating your wife. (Audio
14 distortion.)
15 THE REPORTER: I can't understand you, Mark.
16:45 16 MR. SAHELIAN: I will have no speaking objections,
17 Mark. Period.
18 THE WITNESS: Okay.
19 MR. POTTER: Okay, it's argumentative, it's an
20 unfair question. It's an argumentative question.
21 MR. SAHELIAN: I --
22 MR. POTTER: Unfair.
23 MR. SAHELIAN: Unfair question is not in the Code.
24 Argumentative, fine.
25 Q. BY MR. SAHELIAN: Go ahead, Mr. Johnson.
1 Answer the question.
16:46 2 A. I need -- I need equal access. That's what I
3 want. If I need to file a lawsuit, so be it.
4 Q. Thank you for answering the question. We're
5 going to mark this as Exhibit 12. Let's move to Exhibit
6 13.
7 (Exhibit 13 was referenced.)
8 Q. BY MR. SAHELIAN: All right. Mr. Johnson,
16:46 9 assuming you asked for access to the office, which you
10 apparently did not, and this wooden ramp were brought
11 out, it's a wooden ramp displayed in Exhibit 13 before
12 you, would you have used it?
16:47 13 A. I would not.
