IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA
INSULATED WALL SYSTEMS, INC.,)
)
Plaintiff, )
) CIVIL ACTION FILE
vs. ) NO: 05A-06942-9
)
RON MCKINNEY, )
)
Defendant. )
- - -
Deposition of JOHN TABOR,
taken on behalf of the Defendant, pursuant to the
stipulations, agreed to herein, before
Meredith B. Cohen, Certified Court Reporter and
Notary Public at 3025 Bethany Church Road,
Snellville, Georgia, on the 6th day of February,
2007, commencing at 10:03 a.m.
RAJANI REPORTING, INC.
CERTIFIED COURT REPORTERS
1119 BRASELTON HIGHWAY
LAWRENCEVILLE, GEORGIA 30043
(770) 822-9888
2
1 I N D E X
2 EXAMINATION PAGE
3 By Mr. McKinney..............................6
4 By Ms. Tabor.................................147
5
6
7 E X H I B I T S
8 EXHIBIT NO. DESCRIPTION PAGE
9 1 Notice to take 15
Deposition of
10 Plaintiff
11 2 Postcard 15, 16,
33, 35,
12 50, 51
13 3 Business Card 16
14 4 Contract 16, 33,
35, 50,
15 56, 67,
72, 114
16
5 Gwinnett County 17, 55
17 Construction Code
18 5A Gwinnett County 18, 55
Construction Code
19 Original Document
20
6 IRC - International 17
21 Residential Code
22 6A IRC - International 18
Residential Code
23 Original Document
24 7 Gwinnett County Deck 18, 88,
Additions 91
25
3
1 E X H I B I T S (Continued)
2 EXHIBIT NO. DESCRIPTION PAGE
3 8 Gwinnett County 19
Home Addition
4 Monolithic Slab
5 9 VSI - Vinyl Siding 19, 126
Installation Manual 127, 143
6
10 GreenGuard Housewrap 19
7 Production Guide &
Installation
8
11 GreenGuard Fanfold 20, 137
9 Installation Guide
10 12 Insulated Wall 20, 117,
Systems Window Order
11 Form
12 13 Three Letters to 20
Plaintiff from
13 Defendant
14 14 Plaintiff's Letter to 22
Defendant
15
15 Copy of Lien 22
16
16 Complaint 22
17
17 Grover Contract and 22
18 Lien
19 18 Beniger Contract and 23
Lien and Letter
20
19 Gooch Building 23, 78,
21 Consultants 79, 80,
Inspection Report - 87, 88,
22 Gooch 98, 114
23 20 House Smart Home 25, 78,
Inspection Report - 79, 86,
24 Cook 87, 114
25
4
1 E X H I B I T S (Continued)
2 EXHIBIT NO. DESCRIPTION PAGE
3 21 Champia ASHI 25, 93
Inspection Report - 114
4 Berlyoung
5 22 ASHI Standards of 26
Practice and Code
6 of Ethics
7 23 Atrium Letter - 27, 117,
Chris Reilly 119
8
24 Sequoyah Statement - 28
9 Vaungh
10 25 Hardscapes Slab Redo 29
Quote - Beaty
11
26 Decks by Jeff - 30
12 Pettigrew
13 27 Collection of 30, 84,
32 pages of 87, 99,
14 photographs 111,
131,
15 145
16 28 Series 60 Window 30, 31,
Brochure (Back Page) 120
17
28A Series 60 Window 31, 120
18 Brochure - Original
Document
19
29 Physical Injury 31
20 Medical Expense Summary
21 30 Series 40 Window 32, 33,
Brochure - 34, 120
22 (Back Page)
23 30A Series 40 Window 33, 34,
Brochure - Original 120
24 Document
25
5
1 E X H I B I T S (Continued)
2 EXHIBIT NO. DESCRIPTION PAGE
3 31 Ted Lansing Delivery 32
Slip
4
32 Series 40 & 60 Window 32
5 Warranty
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
6
1 APPEARANCES OF COUNSEL:
2 On behalf of the Plaintiff:
3 JANA B. TABOR, Esquire
450 Arborshade Trace
4 Duluth, Georgia 30097
(770) 814-8134
5
On behalf of the Defendant:
6
RON MCKINNEY (pro se)
7 4083 Red Laurel Way
Snellville, Georgia 30039
8 (770) 972-2576
9 Also Present:
10 Robyn McKinney
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
7
1 MR. MCKINNEY: This is the deposition of
2 plaintiff, Insulated Wall Systems, a Georgia
3 corporation. It is taken pursuant to
4 notice. It is being taken for the purpose of
5 discovery and all others purposes provided by
6 the Civil Practice Act.
7 Today's date is February 6, 2007, and it
8 is approximately 11 minutes past 10.
9 Let the record reflect that present at
10 the deposition is the Defendant, Ron
11 McKinney, who is acting pro se.
12 Also present is Mr. Tabor, plaintiff's
13 apparent designated representative for
14 discovery, and Jana B. Tabor, counsel for
15 plaintiff; and Meredith Cohen, the Certified
16 Court Reporter.
17 Also in the room is Robyn McKinney, wife
18 of the defendant.
19 Let the record also reflect that at this
20 time I am reserving all objections except as
21 to the form of the question and
22 responsiveness of the answer until first use
23 of the deposition.
24 MS. TABOR: That's fine.
25 ///
8
1 JOHN TABOR,
2 was called as a witness, having been first duly
3 sworn, was examined and testified as follows:
4 EXAMINATION
5 BY MR. MCKINNEY:
6 Q Have you ever a given a deposition
7 before?
8 A Yes, I have.
9 Q Could you tell me when and what case?
10 A The year I am guessing was either 1999
11 or 2000. The location was at the lawyer's office
12 for the defendant. I can't tell you the address
13 or the attorney's name or what part of town. I
14 have no recollection as to that.
15 Q The case?
16 A The case was, defendant's name was
17 Grover, Larry Grover, to the best of my
18 recollection.
19 Q So you know how these things work?
20 A I have been to one, if that answers your
21 question, I believe.
22 Q I will lay the ground rules as best as I
23 understand them, because this is my first time
24 giving a deposition, or taking a deposition.
25 I will try not to talk over you. I will
9
1 try not to get into an argument with you. If you
2 don't understand the question, just state so and
3 I will try to rephrase it in a way that is more
4 understandable.
5 The other ground rule is, answer yes or
6 no instead of uh-huh or un-huh; and like I said,
7 again, let's not argue.
8 Would you state your full name for the
9 record, please.
10 A John Joseph Tabor.
11 Q Where do you reside?
12 A 450 Arbor Shade Trace, Duluth, 30097.
13 Q Who lives there with you?
14 A My wife and my son.
15 Q And is Ms. Tabor your wife?
16 A Yes, she is.
17 Q And she is also your attorney, is that
18 correct, or attorney for plaintiff?
19 A That's correct.
20 Q Do you own any property in Gwinnett
21 County?
22 MS. TABOR: Let me stop you right
23 there. The purpose of this deposition is to
24 depose the plaintiff. In your notice of
25 deposition, you have indicated several areas
10
1 to which you would like to depose the
2 plaintiff.
3 You are not to depose Mr. Tabor as an
4 individual. If you would like to ask him
5 questions with regard to the areas you have
6 indicated, that is fine. To the extent you
7 are going to ask him personal related
8 questions, I will instruct him not to answer.
9 MR. MCKINNEY: My understanding is, you
10 can only object to questions that go to
11 privilege, and I am free to ask him whatever
12 I want. However, I don't want to get into
13 his personal life either.
14 MS. TABOR: Okay. Well, then, let's
15 move on.
16 MR. MCKINNEY: That question has
17 something to do with this case.
18 BY MR. MCKINNEY:
19 Q Please state your academic education,
20 beginning with high school.
21 A I went to high school, Druid Hills High
22 School here in Atlanta. I graduated in 1981.
23 From that point I went to Georgia State
24 University in downtown Atlanta.
25 After I received my undergraduate degree
11
1 there, I took some time off, a year or so, and
2 then I went to Georgia State law school. I have
3 a jurist doctorate degree from Georgia State
4 School of Law.
5 Q What was your undergraduate degree?
6 A Business administration and criminal
7 justice.
8 Q And you do have a JD, jurist doctorate?
9 A That is correct.
10 Q Are you a member of the Bar?
11 A No.
12 Q In any state?
13 A No.
14 Q Have you ever been a member of the Bar?
15 A No.
16 Q State your position with the
17 corporation.
18 A I am the president of the corporation.
19 Q When were the incorporation papers filed
20 for plaintiff?
21 A When?
22 Q Yes.
23 A To the best of my recollection, I
24 believe the incorporation was done in 1989, maybe
25 1990, sometime around there.
12
1 Q State the name and title of the officers
2 of the corporation.
3 A I am the president, and the only other
4 officer of the corporation is Robert Tabor, who
5 is the secretary and the vice president. I am
6 treasurer and president.
7 Q You said you were treasurer, is that
8 what you said?
9 A Yes.
10 Q Robert Tabor, is he related to you?
11 A Yes.
12 Q Those are the only officers?
13 A That's correct.
14 Q How many employees does Insulated Wall
15 Systems have?
16 A None.
17 Q Would you consider yourself an employee?
18 A Yes.
19 Q So it has one?
20 A Well, yeah, it has one.
21 Q But you wouldn't consider Robert Tabor
22 an employee?
23 A No.
24 Q Now when I called you the first time,
25 there was a person by the name of Mack Hilton
13
1 there, he wasn't an employee at the time?
2 A No.
3 Q Is this the same Mack that came out and
4 worked on defendant's residence?
5 A No.
6 Q All right. Have you been fully prepared
7 by your attorney and corporation to give binding
8 answers --
9 MS. TABOR: Object to the question to
10 the extent it requires the deponent to answer
11 with regard to any statements he may have
12 made to counsel.
13 Subject to that objection, if you can
14 answer that question without revealing any
15 information, you can do that.
16 THE WITNESS: Repeat the question.
17 BY MR. MCKINNEY:
18 Q Have you been fully prepared --
19 MS. TABOR: I will object to the fact
20 that is a vague question.
21 BY MR. MCKINNEY:
22 Q -- to give binding answers --
23 A I don't understand what you are talking
24 about.
25 Q Let's move on.
14
1 At this time I will introduce the
2 exhibits. They have been pre-marked by
3 Ms. Cohen. All of these I supplied except for
4 one. I think we will determine that as we go
5 through.
6 Your objections will be noted for each
7 one, and we will continue on as if they were
8 admissible.
9 I will reserve my right -- I will let
10 the judge be the decider of what is admissible
11 and -- here's a list and they have been marked.
12 (Exhibits 1 through 32 were marked
13 for identification.)
14 MS. TABOR: Mr. McKinney, to the extent
15 that you present exhibits at the deposition has
16 nothing to do with whether or not they are
17 admissible in a court of law, it is whether or
18 not this deponent recognizes them, and this is
19 not an admissibility issue.
20 BY MR. MCKINNEY:
21 Q We will go through each one.
22 MS. TABOR: He can testify as to his
23 knowledge.
24 BY MR. MCKINNEY:
25 Q Let's go through them first and see if
15
1 we can identify them.
2 MS. TABOR: Do you want to start with
3 No. 1?
4 BY MR. MCKINNEY:
5 Q Number 1 is the notice to take
6 deposition of plaintiff. Do you agree that that
7 is what Exhibit No. 1 is?
8 A That is what it states.
9 Q Exhibit No. 2 --
10 MS. TABOR: Hold on. Do you have any
11 questions with regard to Exhibit No. 1?
12 BY MR. MCKINNEY:
13 Q I will introduce the exhibits and we will
14 just identify them.
15 As I go through this deposition, we will
16 call them up and ask questions.
17 MS. TABOR: All right.
18 MR. MCKINNEY: We can get off on tangents
19 four ways to Sunday if I do it any other way.
20 BY MR. MCKINNEY:
21 Q Exhibit No. 2, Defendant's Exhibit No. 2
22 is identified as a postcard that was sent by
23 Insulated Wall Systems; is that correct? Does
24 that look like the postcard?
25 MS. TABOR: Let's go off the record.
16
1 (Off the record.)
2 BY MR. MCKINNEY:
3 Q Would you please identify Exhibit No. 2,
4 if you can.
5 A It appears to be a postcard that was
6 used to solicit business that was sent by Mack
7 Hilton.
8 Q Is that your handwriting?
9 MS. TABOR: With regard to what?
10 MR. MCKINNEY: On that postcard.
11 THE WITNESS: There is lots of
12 handwriting on here.
13 MS. TABOR: On page 2?
14 MR. MCKINNEY: On both pages. Well,
15 principally, second page.
16 THE WITNESS: That appears to be my
17 handwriting.
18 MS. TABOR: Yes.
19 THE WITNESS: Yes.
20 BY MR. MCKINNEY:
21 Q Let's move on to Exhibit 3. Would you
22 please identify that if you can.
23 A That is one of my business cards with
24 some writing on it.
25 Q Exhibit 4 consists of three pages.
17
1 A That appears to be the work contract for
2 the work that was done on your home.
3 Q On the defendant's house?
4 A Correct.
5 Q Exhibit No. 5.
6 A It says, Gwinnett County Construction
7 Code.
8 Q Exhibit No. 6?
9 A It says, International Residential Code,
10 on page 1, for One and Two Family Dwellings,
11 dated 2006, from the International Code Council;
12 and the next page says it is the Georgia State
13 Amendments to the International Residential Code
14 For One and Two Family Dwellings, 2006 Edition.
15 Q As a matter of record, the full versions
16 are sitting right there.
17 Exhibit No. 7?
18 MS. TABOR: Okay, Mr. McKinney, to the
19 extent that in Exhibit 6 you presented two
20 pages to the deponent and asked the deponent
21 to identify those pages, that is all he has
22 identified.
23 MR. MCKINNEY: That is correct. But it
24 is what they represent.
25 MS. TABOR: To the extent we are not
18
1 talking about representations here, sir, you
2 have asked a deponent to identify a
3 document.
4 If there is something else you want him
5 to identify, you need to present it to the
6 deponent, not put it in the corner of the
7 room and say let the record reflect. If you
8 want to talk about it, you need to present
9 it.
10 MR. MCKINNEY: We have marked 5A.
11 Please mark this as Exhibit 6A.
12 (Exhibits 5A and 6A were marked for
13 identification.)
14 BY MR. MCKINNEY:
15 Q Exhibit No. 7, would you please identify
16 that document. Just read what it says.
17 A Gwinnett County Department of Planning
18 and Development. Deck additions to a home,
19 building permit requirements.
20 Q Page 2 does there appear to be --
21 A It appears to be an architectural
22 drawing of a portion of a deck.
23 Q Page 3, what does that appear to be?
24 A More writing and another diagram of a
25 staircase.
19
1 Q Exhibit No. 8?
2 A Exhibit No. 8 is apparently another
3 document from the Gwinnett County Department of
4 Planning and Development and the heading on this
5 page is, Building Addition to a Home Building
6 Permit Requirements, revised April, 2004.
7 Q Page 2, what does it appear to be?
8 A Page 2 is another page apparently from
9 the Gwinnett County Department of Planning and
10 Development, the development division, and it
11 seems to be titled, Minimum Plain Concrete
12 Footings and Foundation Requirements for One and
13 Two Family Dwellings.
14 Q Okay. Exhibit No. 9?
15 A Page 1 is entitled, Vinyl Siding
16 Installation Manual.
17 Q Exhibit No. 10?
18 A Exhibit No. 10 appears to be from
19 GreenGuard, it's Pactiv Building Products,
20 Product Guide Specification.
21 Q That is good enough -- well let's go
22 back to that one. Do you see there under air
23 barriers, where it says specifier notes?
24 A I see where it says specifier notes,
25 yes.
20
1 Q Would you read that sentence, the
2 following sentence.
3 A Specifier notes, this section covers
4 Pactiv building products, GreenGuard Value Wrap,
5 Housewrap.
6 Q All right sir. That is good enough.
7 Exhibit No. 11, read the top line would be good
8 enough.
9 A The top line for Exhibit No. 11 says,
10 Installation Instructions for GreenGuard Fanfold
11 Siding Underlayments Used as a
12 Water/Weather-resistive Barrier.
13 Q That is good. Exhibit No. 12. Can you
14 identify that document.
15 A That appears to be an order form that
16 was used to order the windows for your house.
17 Q Your order form or Insulated Wall's
18 order form?
19 A Correct.
20 Q Exhibit No. 13?
21 A Exhibit No. 13 appears to be a copy of a
22 letter from Defendant Ron McKinney to John Tabor,
23 Insulated Wall Systems, referencing first notice
24 contract dated 23rd August 2004 between Insulated
25 Wall Systems Inc. and Rob McKinney.
21
1 Q Okay. Move on to page 4 of that
2 exhibit. There are three pages on the first one,
3 the fourth page is --
4 A There is no page 4. Are you referring
5 to just the page marked number 1, after page 3?
6 Q The fourth physical page in the
7 document.
8 A What about it?
9 Q Would you read what that is. Would you
10 identify that, please, sir.
11 A It appears to be a copy of a letter from
12 Ron McKinney, the defendant, to John Tabor,
13 Insulated Wall Systems Inc., referencing second
14 notice and demand, contract dated 23rd August
15 2004 between Insulated Wall Systems Inc. and Ron
16 McKinney.
17 Q And the next page, can you identify
18 that?
19 A The next page appears to be another copy