Deposition transcript of Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.

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STATE OF NORTH CAROLINA,
IN THE GENERAL COURT OF
JUSTICE
COUNTY OF WAKE SUPERIOR COURT DIVISION
FILE No. 58942
* * * * *
The deposition of Molly Carney was held on May 30, 2013 commencing at 2:00 P.M., at the
Law Offices of Miller, Motte & Bailey, PLLC, 145 Hargett Street, Suite 900, Raleigh, N.C.
27520, before Cherish Sadang, Paralegal.
* * * * *
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MOLLY CARNEY, )
)
Plaintiff/Counter-Defendant, )
)
vs. )
)
CASSIE GEIGER, )
)
Defendant/Counter-Plaintiff. )

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Reported by Angela S. Edwards
APPEARANCES
Samia Morteo
On behalf of Defendant
Cherish Sadang
On behalf of Plaintiff
Molly Carney
Plaintiff
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PROCEDDINGS
* * * * * * *
EXAMINATION BY MS. MORTEO:
MS. MORTEO: The following questions are going to be used at the beginning of your
deposition and for the purpose to…for general purposes, OK? So, for the record can you please
state your full name?
MS. CARNEY: Molly Carney.
Q: OK. Good afternoon, my name is Samia Morteo and I am the attorney for Casey
Geiger, and I’ll be taking your deposition today. So, let me explain to you how the deposition
process works. I’ll be asking you questions, the court reporter will translate it, um, and is going
to type down everything we say, and do you understand that?
A: Un-huh (signifies “yes”).
Q: Your answers are given under oath subject to lie or something will go against you in
the courtroom. Do you understand that?
A: Yes.
Q: OK. And again, this is going to be used as part of your testimony in trial. Do you
understand that?
A: Un-huh (signifies “yes”).
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Q: OK. So, please explain how often you wear your seatbelt while you’re driving?
A: Um…all of the time.
Q: All of the time?
A: Un-huh (signifies “yes”).
Q: OK. Have there been any cases where you didn’t wear your seatbelt?
A: Um, yes.
Q: On what occasion?
A: Um, at the time of the accident I wasn’t wearing my seatbelt.
Q: OK. So, at the time of the accident, where were you going or coming from?
A: Um, I was on my way to work. It was about 9 in the morning.
Q: OK. Where do you work at?
A: At Wachovia as a financial advisor and account manager.
Q: OK. So please describe in detail for me, um, what cause you to stop on the highway?
A: Um, I made a lane change in order to get around a slow moving semi-truck.
Q: To cross the truck?
A: Um, to get around the truck.
Q: OK? Did you cross then on the left side or the right side of the lane?
A: Um, right.
Q: OK. So when you changed lanes, you just took to pass the truck, you crossed and then
you stopped? What caused you to stop?
A: Um, I didn’t stop. I was cut-off by the Jimmy John’s driver.
Q: OK. Could you please describe how you were cut-off?
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A: Um, the Jimmy John’s driver rear-ended me and drove me off the road. I was trying to
go around the truck and, um, I was cut-off by the very same Jimmy John’s driver, forcing me to
make a lane change.
Q: OK. Did you use your light at the time of the accident?
A: I don’t know. I may not have.
Q: OK. So now please describe to me in detail how the Defendant operated her vehicle
prior to the accident? The Jimmy John’s driver?
A: What do you mean? How did they do what?
Q: Let me explain – let me repeat the question for you. Please describe in detail how the
Defendant, the Jimmy John’s driver, operated her vehicle prior to the accident?
A: I don’t know. They hit me from behind so I didn’t see them.
Q: So you didn’t see her at all while you changed?
A: No.
Q: OK. So um, you didn’t see the Defendant when you were crossing, you didn’t look
over to your side?
A: No, I believe what I’m saying is that I didn’t see them driving, like how their driving
was previous to the accident, I seen them and um, they rear-ended me, forcing me to make the
lane change.
Q: OK. Um, state in detail the manner in which the alleged accident occurred, please
specify your speed, position, and direction from the other motor vehicle.
A: Um, I may have been going about 10 over the posted speed limit at the time of the
accident.
Q: So, well…70? 80?
A: I don’t know.
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Q: OK. Well, in what position were you heading?
A: East-bound.
Q: OK. Did you – have you consumed any alcoholic beverages of any kind, any drugs,
medicines, pills within 24 hours of the accident?
A: No.
MS. MORTEO: No? Ok. No further questions.
MS. CARNEY: Great. Thank you.
(The deposition concluded at 3:30 p.m.)
CERTIFICATE OF DEPONENT
I hereby certify that I have read and examined the foregoing transcript, and the same is a
true and accurate record of the testimony given by me.
Any additions or corrections that I feel are necessary, I will attach on a separate sheet of
paper to the original transcript.
____________________________
Molly Carney
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State of North Carolina
City of Raleigh, to wit:
I, Angela S. Edwards, a Notary Public of the State of North Carolina, City of Raleigh, do
hereby certify that the within-named witness personally appeared before me at the time and place
herein set out, and after having been duly sworn by me, according to law, was examined by
counsel.
I further certify that the examination was recorded stenographically by me and this is a
true record of the proceedings.
I further certify that I am not of counsel to any of the parties, nor in any way interested in
the outcome of this action.
As witness my hand and notarial seal this 30th
day of May, 2013.
___________________________
Angela S. Edwards
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Angela S. EdwardsAngela S. EdwardsAngela S. Edwards
Angela S. Edwards

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Notary Public
My Commission Expires:
August 1, 2015
INDEX
Deposition of Elizabeth Carney
May 30, 2013
Examination by: Page
Ms. Morteo: 3
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Light, Yassa & Feather Reporting & Video Co., LLC.
919-321-9312
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Light, Yassa & Feather Reporting & Video Co., LLC.
919-321-9312
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