2017 Bradley Ledford Deposition 11-09-2017 Cawthorn V Auto-Owners Insurance Company

Case 6:16-cv-02240-JA-GJK Document 65 Filed 11/09/17 Page 1 of 101 PageID 5396
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DAVID MADISON CAWTHORN, )

)
Plaintiff, )
)
vs. ) CASE NO. 6:16-cv-02240-JA-GJK
)
AUTO-OWNERS INSURANCE )
COMPANY, )
)
Defendant. )
____________________________________ )
DEFENDANT'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF BRADLEY

LEDFORD IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT
Defendant, AUTO-OWNERS INSURANCE COMPANY (“Auto-Owners”), by and
through its undersigned counsel hereby give notice of filing the deposition transcript and exhibits
of Bradley Ledford taken on August 10, 2017 in support of Defendant's Motion for Summary
Judgment.
CERTIFICATE OF SERVICE
I hereby certify that on November 9, 2017, I electronically filed the foregoing with the
Clerk of the Court in the U.S. District Court, Middle District of Florida, Orlando Division, by
using the CM/ECF system, which will send a notice of electronic filing to:
William A. Bonner, Esquire Stephen A. Marino, Jr., Esquire

abonner@colson.com smarino@ypl-law.com
Roberto Martinez, Esquire Michal Meiler, Esquire
bob@colson.com mmeiler@ypl-law.com
COLSON HICKS EIDSON VER PLOEG & LUMPKIN, P.A.
255 Alhambra Circle, Penthouse 301 E. Pine Street, Suite 790
Coral Gables, FL 33134 Orlando, FL 32801
eservice@colson.com; smcgee@ypl-law.com
claudia@colson.com Co-Counsel for Plaintiff
Attorneys for Plaintiff
/s/ Peter C. Vilmos

S. Greg Burge (Florida Bar # 0743770)
Email: gburge@burr.com
Secondary: mkillian@burr.com
BURR & FORMAN LLP
420 North 20th Street, Suite 3400
Birmingham, AL 35203
Tel: 205-251-3000
Fax: 205-458-5100
Peter C. Vilmos (Florida Bar # 75061)

Email: pvilmos@burr.com
Secondary: nwmosley@burr.com
BURR & FORMAN LLP
200 S. Orange Avenue, Suite 800
Orlando, FL 32801
Tel: 407-540-6600
Fax: 407-540-6601
Forrest S. Latta (admitted pro hac vice)

Email: forrest.latta@burr.com
Secondary: pgrove@burr.com
BURR & FORMAN LLP
11 North Water Street, Suite 22200
Mobile, AL 36602
Tel: 251-344-5151
Fax: 251-344-9696
Attorneys for Defendant

Auto-Owners Insurance Company
2
·1· · · · · · · ·UNITED STATES DISTRICT COURT

·2· · · · MIDDLE DISTRICT OF FLORIDA, ORLANDO DIVISION
·3
·4· DAVID MADISON CAWTHORN,· · ·)
·5· · · · · Plaintiff,· · · · · )
·6· · · · ·vs.· · · · · · · · · )· ·No.
·7· AUTO-OWNERS INSURANCE· · · ·)· ·6:16-cv-02240-JA-GJK
·8· COMPANY,· · · · · · · · · · )
·9· · · · ·Defendant.· · · · · ·)
10· _________________________· ·)
11
12
13
14
15· · · · ·VIDEOTAPED DEPOSITION OF BRADLEY LEDFORD
16· · · · · · · · · ·Santa Ana, California
17· · · · · · · · ·Thursday, August 10, 2017
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22· ·Job No.: 409923
23· ·Reported by: SHERRY A. CASE,
24· ·RPR, CSR No. 2989
25· ·PAGES 1 - 98
BRADLEY LEDFORD - 08/10/2017
Page 2
·1· · · · · · · UNITED STATES DISTRICT COURT
·2· · · · MIDDLE DISTRICT OF FLORIDA, ORLANDO DIVISION
·3
·4· DAVID MADISON CAWTHORN,· · ·)
·5· · · · · Plaintiff,· · · · · )
·6· · · · ·vs.· · · · · · · · · )· ·No.
·7· AUTO-OWNERS INSURANCE· · · ·)· ·6:16-cv-02240-JA-GJK
·8· COMPANY,· · · · · · · · · · )
·9· · · · ·Defendant.· · · · · ·)
10· _________________________· ·)
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17· · · · · · · Videotaped Deposition of BRADLEY LEDFORD,
18· ·taken on behalf of Defendant, at 400 North Tustin
19· ·Avenue, Suite 350, Santa Ana, California, beginning at

20· ·9:00 a.m. and ending at 11:22 a.m. on Thursday,
21· ·August 10, 2017 before SHERRY A. CASE, Certified

22· ·Shorthand Reporter No. 2989, CLR, RPR.
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Litigation Services· |· 800-330-1112

www.litigationservices.com
Page 3
·1· ·APPEARANCES:
·2
·3· ·FOR THE PLAINTIFF:
·4
·5· · · · · · · COLSON HICK EIDSON

·6· · · · · · · BY:· DENISE H. GEORGES, ESQ.
·7· · · · · · · 255 Alhambra Circle
·8· · · · · · · Penthouse
·9· · · · · · · Coral Gables, FL· 33134
10· · · · · · · 305.476.7400
11· · · · · · · denise@colson.com
12
13
14· ·FOR THE DEFENDANT CAWTHORN:
15
16· · · · · · · CALLAHAN LAW FIRM, LLC
17· · · · · · · BY:· MICHAEL T. CALLAHAN, ESQ.
18· · · · · · · 2935 1st Avenue North
19· · · · · · · Suite 2
20· · · · · · · St. Petersburg, FL· 33713
21· · · · · · · 727.209.1504
22· · · · · · · mick@mickcallahanlaw.com
23
24
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www.litigationservices.com YVer1f
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·1· ·FOR THE DEFENDANT AUTO-OWNERS INSURANCE COMPANY:
·2
·3· · · · · · · BURR FORMAN LLP
·4· · · · · · · BY:· S. GREG BURGE, ESQ.
·5· · · · · · · 420 North Twentieth Street

·6· · · · · · · Suite 3400
·7· · · · · · · Birmingham, AL· 35203
·8· · · · · · · 205.458.5101
·9· · · · · · · gburge@burr.com
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12· ·VIDEOGRAPHER:· KRISTY PITTMAN

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·1· · · · · · · · · · · · · I N D E X
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·4· ·WITNESS:· · BRADLEY LEDFORD
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·6· · · · · · · · · · · · ·EXAMINATION
·7· · · · · · · · · · · · · · · · · · · · · · · · · PAGE
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·9· ·BY MR. BURGE· · · · · · · · · · · · · · · · · · ·8
10· ·BY MS. GEORGES· · · · · · · · · · · · · · · · · 95
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13· · · · · · · · · · · ·E X H I B I T S
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15· ·EXHIBIT· · · · · · · DESCRIPTION· · · · · · · ·PAGE
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17· ·Exhibit 1· · · Notice of Deposition· · · · · · ·54
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19· ·Exhibit 2· · · Text messages· · · · · · · · · · 54
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21· ·Exhibit 3· · · Document Bates stamped· · · · · ·61
22· · · · · · · · · Cawthorn-AO 00001
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24· ·Exhibit 5· · · Document Bates stamped· · · · · ·70
25· · · · · · · · · Cawthorn-AO 00088

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·2· ·Exhibit 6· · · Settlement And Assignment· · · · 83
·3· · · · · · · · · Agreement
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·1· · · SANTA ANA, CALIFORNIA; THURSDAY, AUGUST 10, 2017
·2· · · · · · · · · · · · 9:00 A.M.
·3
·4· · · · · THE VIDEO OPERATOR:· We are on the record.· The
·5· ·time is 9:00 a.m.· The date is August 10, 2017.· This
·6· ·is the beginning of media Number 1 in the deposition
·7· ·of Bradley Ledford taken by the defense in the matter
·8· ·of David Madison Cawthorn versus Auto-Owners Insurance
·9· ·Company.· The case number is 6:16-cv-022240-JA-GJK.
10· · · · · This deposition is being held at 400 North
11· ·Tustin Avenue, Suite 350, Santa Ana, California,
12· ·92705.
13· · · · · The court reporter is Sherry Case.· I am Kristy
14· ·Pittman, the videographer, an employee of Hutchings
15· ·Litigation Services located at 400 North Tustin
16· ·Avenue, Suite 350, Santa Ana, California.
17· · · · · This deposition is being videotaped at all
18· ·times unless specified to go off the video record.
19· · · · · Would all present please identify themselves,

20· ·beginning with the witness.
21· · · · · THE WITNESS:· Bradley Ledford.

22· · · · · MR. CALLAHAN:· I'm Michael Callahan, personal
23· ·counsel for Mr. Ledford.
24· · · · · MS. GEORGES:· Denise Georges on behalf of David
25· ·Madison Cawthorn.

Page 8
·1· · · · · MR. BURGE:· I'm Greg Burge, and I am here on
·2· ·behalf of Auto-Owners Insurance Company.
·3· · · · · THE VIDEO OPERATOR:· Will the court reporter
·4· ·swear in the witness.
·5· · · · · THE COURT REPORTER:· Please raise your right

·6· ·hand.
·7· · · · · You do solemnly swear that the testimony you
·8· ·are about to give in the cause now pending shall be
·9· ·the truth, the whole truth, and nothing but the truth?
10· · · · · THE WITNESS:· I do.
11
12· · · · · · · · · · · BRADLEY LEDFORD,

13
14· ·having been first administered an oath, was examined
15· ·and testified as follows:
16
17· · · · · · · · · · · · EXAMINATION
18
19· ·BY MR. BURGE:

20· · · Q· ·Could you tell us your full name, please.
21· · · A· ·Bradley David Ledford.

22· · · Q· ·And, Mr. Ledford, you go by Bradley?
23· · · A· ·Bradley or Brad.
24· · · Q· ·Do you mind if I call you Brad or Bradley --
25· · · A· ·Doesn't matter.· It's up to you.

Page 9
·1· · · Q· ·-- as opposed to Mr. Ledford?
·2· · · A· ·Yeah, that would be great.· Thank you.
·3· · · Q· ·All right.· One thing the court reporter did
·4· ·mention was if you can keep your voice up --
·5· · · A· ·Yes, sir.

·6· · · Q· ·-- so she can get it down.
·7· · · A· ·Right.· Yes, sir.
·8· · · Q· ·I know you've given a deposition previously,
·9· ·and so let me just give you -- remind you about a
10· ·couple of the rules.
11· · · · · If you'll let me finish my question before you
12· ·answer, I'll do my best to let you finish your answer

13· ·before I ask something else, okay?
14· · · A· ·Yes, sir.
15· · · Q· ·These lawyers may have an objection to
16· ·something I ask, so maybe give them a second if you
17· ·hear them object, and let them get their objections
18· ·in.
19· · · A· ·All right.· Yes, sir.

20· · · Q· ·If there's anything that I ask you today that
21· ·you don't understand, please tell me and I'll try to

22· ·rephrase it, okay?
23· · · A· ·Okay.
24· · · Q· ·And for the benefit of the ladies and gentlemen
25· ·of the jury, this deposition is being taken here in

Page 10
·1· ·Orange County, California?
·2· · · A· ·Yes, sir.
·3· · · Q· ·My understanding is that you live and go to
·4· ·college here?
·5· · · A· ·Yes, sir.

·6· · · Q· ·Where is it that you go to college here?
·7· · · A· ·Chapman University.
·8· · · Q· ·And how long have you been a student here?
·9· · · A· ·My transfer here was for the Spring semester of
10· ·last year.· This would be my second semester at
11· ·Chapman.
12· · · Q· ·Your first semester was spring of --

13· · · A· ·2017.
14· · · Q· ·-- 2017?
15· · · A· ·Yes, sir.
16· · · Q· ·And where did you transfer from?
17· · · A· ·Liberty University.
18· · · Q· ·Where is Liberty located?
19· · · A· ·It's in Lynchburg, Virginia.

20· · · Q· ·And why did you transfer from Liberty?
21· · · A· ·A number of reasons; one being football, and

22· ·another being I just wanted to kind of have a change
23· ·of scenery, that kind of stuff.
24· · · · · The dynamic at Liberty was a little bit --
25· ·everything was the same, and there was no culture, and

Page 11
·1· ·that kind of stuff.
·2· · · Q· ·All right.· I understand you play football?
·3· · · A· ·Yes, sir.
·4· · · Q· ·And what position do you play?
·5· · · A· ·I'm a linebacker.

·6· · · Q· ·Is Chapman a Division 3?
·7· · · A· ·Yes, sir.
·8· · · Q· ·I understand ya'll are fixing to start practice
·9· ·shortly.
10· · · A· ·Yes, sir, we are.
11· · · Q· ·Tell me what, if anything, that you have
12· ·reviewed -- if anything -- in preparation to give the

13· ·deposition today.
14· · · A· ·I looked over my deposition from the prior
15· ·case, and the forms that I handed to you over at
16· ·Mr. Callahan's.
17· · · Q· ·These were the conversations between you and
18· ·Madison Cawthorn that you brought this morning?
19· · · A· ·Yes, sir.· I briefly looked at it.· I didn't go

20· ·through and read everything.
21· · · Q· ·So you did have an opportunity to read the

22· ·deposition that you gave back on April the 28th of
23· ·2017?
24· · · A· ·Yes, sir.
25· · · Q· ·Was there anything that you saw in the review

Page 12
·1· ·of that deposition that, on reviewing it now, you
·2· ·believe was not true?
·3· · · · · MS. GEORGES:· Objection to form.
·4· ·BY MR. BURGE:
·5· · · Q· ·I know that that deposition was given in a case

·6· ·in an accident that happened on April the 3rd of 2014,
·7· ·and there was a lawsuit that was brought by Bradley
·8· ·Cawthorn where he sued you and your father's business;
·9· ·is that right?
10· · · A· ·Madison Cawthorn.
11· · · Q· ·Madison Cawthorn?
12· · · A· ·Yes, sir.

13· · · Q· ·What is your understanding as to what this
14· ·second lawsuit that Bradley Cawthorn has filed --
15· ·excuse me, Madison Cawthorn has filed against
16· ·Auto-Owner is all about?
17· · · · · MS. GEORGES:· Objection to form.
18· · · · · THE WITNESS:· It's a bad faith case against the
19· ·insurance company.

21· · · Q· ·Do you know what for?

22· · · A· ·For not -- for not presenting a -- or not
23· ·giving full coverage limits, or something like that.
24· ·I'm not totally sure.
25· · · Q· ·In the underlying case, you were aware that

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·1· ·there was a number of depositions that were taken in
·2· ·that case?
·3· · · A· ·Yes, sir.
·4· · · Q· ·Did you attend many of those depositions as
·5· ·they were taken?

·6· · · A· ·I attended one another one, other than my own.
·7· · · Q· ·Who's was that?
·8· · · A· ·It was -- it was -- it was Madison's.
·9· · · Q· ·And was that the only deposition in the
10· ·underlying case that you did attend?
11· · · A· ·I'm pretty sure, unless I'm forgetting
12· ·something.
13· · · Q· ·All right.· And did Madison Cawthorn attend
14· ·your deposition that was taken?
15· · · A· ·No, sir.
16· · · Q· ·He did not?
17· · · A· ·Not that I remember.
18· · · Q· ·We're not going to cover everything in the
19· ·deposition that was asked in the underlying case.· We

20· ·may cover a few items.
21· · · A· ·Okay.
22· · · Q· ·Some of the questions are going to be
23· ·distinctly different than what you were asked there,
24· ·okay?
25· · · A· ·Yes, sir.

Page 14
·1· · · Q· ·Let me ask you -- let me go back in time just a
·2· ·little bit.
·3· · · · · I know, from reading some of the depositions,
·4· ·that you and Brad -- Bradley, you and Bradley. I
·5· ·don't know why I want to call him Bradley.

·6· · · A· ·That is okay.
·7· · · Q· ·Madison, you and Madison were friends for
·8· ·several years before this accident?
·9· · · A· ·Yes, sir.
10· · · Q· ·Are ya'll still good friends?
11· · · A· ·No.· Our friendship has kind of gone away,
12· ·along with the lawsuit we previously had.

13· · · Q· ·And when was the last time that you saw Madison
14· ·Cawthorn?
15· · · A· ·It's been a while.· I'd have to say December.
16· ·I'm not even totally sure if that's right.
17· · · Q· ·December of 2016?
18· · · A· ·'16, yes.
19· · · Q· ·Where do you think you saw him then?

20· · · A· ·I believe it would have been somewhere towards
21· ·Cashiers.
22· · · · · (Reporter clarification)
23· · · · · THE WITNESS:· Cashiers.· I believe it's the
24· ·C-A-S-H-I-E-R-S.

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·1· · · Q· ·And what would have been the occasion for you
·2· ·to see him?
·3· · · A· ·He was with one of our mutual friends, and I
·4· ·was meeting a friend, and so he, like, dropped him off
·5· ·and then picked up -- his name was Isaac.

·6· · · Q· ·What is Isaac's last name?
·7· · · A· ·Cawthorn.
·8· · · Q· ·And where does he live?
·9· · · A· ·Cashiers.
10· · · Q· ·And is he related to Madison?
11· · · A· ·No, sir.· It's a different spelling.· It sounds
12· ·the same, though.

13· · · Q· ·When was the last time that you had any
14· ·communication at all with Madison Cawthorn, either via
15· ·any sort of social media or texting or phone calls, or
16· ·anything like that?
17· · · A· ·It would be about May of 2017.
18· · · Q· ·What kind of communication was that?
19· · · A· ·I texted him to see what he was doing this

20· ·summer.
21· · · Q· ·What he was doing?

22· · · A· ·This summer, this past summer.
23· · · Q· ·This summer?
24· · · A· ·Yes, sir.
25· · · Q· ·And what did he say?

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·1· · · A· ·He didn't respond.
·2· · · Q· ·No response?
·3· · · A· ·No.
·4· · · Q· ·When was the last time that you have had a
·5· ·conversation -- whether it was telephone, social

·6· ·media -- where it was more than a one-way request
·7· ·where there was a response?
·8· · · A· ·About a month prior, and it was -- Isaac told
·9· ·me that he had lost one of his favorite Bibles so I
10· ·got him one and sent it to him.· And he told me, "Do
11· ·you want to meet for breakfast" and I couldn't, so
12· ·that was our conversation.

13· · · Q· ·I may have confused you in my question, or you
14· ·may have confused me with your answer.
15· · · A· ·Sorry.
16· · · Q· ·I was talking about Madison Cawthorn.
17· · · A· ·Yes, sir.· That was the a conversation between
18· ·me and Madison Cawthorn.
19· · · Q· ·Wasn't a conversation between you and Isaac?

20· · · A· ·Yes, sir.· Sorry.· That was confusing.
21· · · Q· ·But you're saying on that occasion you could

22· ·not meet him?
23· · · A· ·No, sir.
24· · · Q· ·And that was the end of basically the
25· ·conversation?

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·1· · · A· ·Yes, sir.
·2· · · Q· ·Now, Madison was what?· About a year older than
·3· ·you?
·4· · · A· ·Yes, sir, that's about right.
·5· · · Q· ·So would ya'll have been in the same school

·6· ·class?
·7· · · A· ·No, sir.· He was a year ahead of me in high
·8· ·school.
·9· · · Q· ·And how did you come to meet Madison?
10· · · A· ·We have been going to the YMCA the first time,
11· ·or maybe it was at church.· It was one of the two.
12· · · Q· ·And did you two go to the same church?

13· · · A· ·I went to two different ones.· My family went
14· ·to a different church, so I kind of jumped around.
15· · · Q· ·What church did you go to?
16· · · A· ·Arden Presbyterian.
17· · · Q· ·And which one did he go to?
18· · · A· ·The Biltmore Baptist, on occasion to the
19· ·Biltmore Baptist.

20· · · · · MR. CALLAHAN:· Biltmore, in Elizabeth Townsend,
21· ·North Carolina.

22· · · · · Bradley, we are all guilty here, because there
23· ·are at least three of us that use Southern accents,
24· ·and so you're going to have to be a little bit better
25· ·at pronouncing things for her.· If you mention a town,

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·1· ·or something like that, you may spell it for her or
·2· ·say it more clearly for her.· I saw her look of
·3· ·confusion.
·5· · · Q· ·All right.· Back to Madison.

·6· · · · · You and him were friends?
·7· · · A· ·Yes, sir.
·8· · · Q· ·And my impression, on reading your deposition
·9· ·and his, is that y'all spent a great deal of time
10· ·together?
11· · · A· ·Yes, sir.
12· · · Q· ·Did you spend time with him at his home?

13· · · A· ·Yes, sir.
14· · · Q· ·Were you around him to see his interaction with
15· ·his mom and dad and brother?
16· · · A· ·Definitely.
17· · · Q· ·You spend the night at his house?
18· · · A· ·Yes, sir.
19· · · Q· ·Did he ever spend the night at your house?

20· · · A· ·Yes, sir.
21· · · Q· ·Do you feel like you knew him pretty well?
22· · · A· ·Yes, sir.
23· · · Q· ·Do you still feel like you know him pretty
24· ·well?
25· · · · · MS. GEORGES:· I object to the form.

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·1· · · · · THE WITNESS:· I haven't talked to him in a
·2· ·while, so, I mean, not really.
·4· · · Q· ·Other than his injuries that he received, do
·5· ·you think he's the same person he was at the time
·6· ·ya'll went on this trip to Florida?
·8· · · · · THE WITNESS:· I haven't talked to him in a
·9· ·while.· I don't know.
11· · · Q· ·You don't have an opinion about that?
12· · · A· ·No, sir.

13· · · Q· ·Madison was -- I understand that he was home
14· ·schooled most of his schooling life.
15· · · · · Is that your understanding?
16· · · A· ·Yes, sir, uh-huh.
17· · · Q· ·Is Madison Cawthorn a smart young man?
18· · · A· ·I would call him smart, yes, sir.
19· · · Q· ·Did he make good grades in school, as far as

20· ·you know?
21· · · A· ·I don't know.

22· · · Q· ·Don't know?
23· · · A· ·No.
24· · · Q· ·Don't ever talk about grades?
25· · · A· ·We talked about scores a couple times, but I

Page 20
·1· ·couldn't tell you the scores he told me.· He was
·2· ·trying to get high enough one for Westpoint, and so we
·3· ·talked about that a couple times, but he was a pretty
·4· ·smart individual.
·5· · · Q· ·Did he ever get one high enough for Westpoint?

·6· · · A· ·I don't know.
·7· · · Q· ·You don't recall him discussing that with you?
·8· · · A· ·No.· I don't know.
·9· · · Q· ·What about his -- his father?· Did you know
10· ·what his father did?
11· · · A· ·Yes.
12· · · Q· ·What did his father do?

13· · · A· ·He works for Edward Jones.
14· · · Q· ·Do you know what he does there?
15· · · A· ·Financial planner, I'm assuming.· I don't know,
16· ·really.
17· · · Q· ·What was your impression, in being around them,
18· ·as to what the relationship was between Madison
19· ·Cawthorn and his father?

20· · · A· ·They were very close.
21· · · Q· ·Was his father very protective of him?

22· · · A· ·I don't know.· I mean, they seemed just like a
23· ·close father and son.· I wouldn't go out of my way to
24· ·say if he's protective or not.
25· · · Q· ·Did his dad talk about Madison a lot?

Page 21
·1· · · A· ·Not more than the normal dad would talk about
·2· ·his son.
·3· · · Q· ·Did you know anything more about the details of
·4· ·what Mr. Cawthorn did on a daily basis in his work?
·5· · · A· ·No, sir.

·6· · · Q· ·Did Madison ever talk about his dad, about what
·7· ·he did, and what he did at his job?
·8· · · A· ·Not that I remember.
·9· · · Q· ·Do you ever know of Madison's mother working
10· ·outside of the home?
11· · · A· ·No.
12· · · Q· ·What was Madison's relationship with his mother

13· ·that you observed?
14· · · A· ·They were very close too.
15· · · Q· ·Madison's brother, what was his brother's name?
16· · · A· ·Zachary.
17· · · Q· ·And Zachary is the one that you had sent, I
18· ·believe, a text to on the date of this accident?
19· · · A· ·Yes, sir.

20· · · Q· ·And you had given some explanation about what
21· ·had happened?

22· · · A· ·Yes, sir.
23· · · Q· ·Now, at the time that y'all were thinking about
24· ·going on this trip down to Florida, that was not the
25· ·first trip that I think the two of you had been on; is

Page 22
·1· ·that accurate?
·2· · · A· ·That's accurate.
·3· · · Q· ·Where had y'all been previously?
·4· · · A· ·We've -- we went to San Diego, and just local
·5· ·stuff around Nashville, like hiking, camping trips,

·6· ·that kind of stuff.
·7· · · Q· ·How long were ya'll gone when you went to
·8· ·San Diego?
·9· · · A· ·A week, seven days.
10· · · Q· ·Did y'all go by car?
11· · · A· ·No, sir.· We flew.· We flew with my dad. I
12· ·don't know if we flew on the same flight, but we were

13· ·going with my dad and his fiancee.
14· · · Q· ·And ya'll were there about a week, you said?
15· · · A· ·Yes, sir.
16· · · Q· ·What year was that?· Do you remember?
17· · · A· ·2014 maybe.· No, 2013.
18· · · Q· ·2013?
19· · · A· ·Uh-huh.
20· · · Q· ·So you would have been what?· I guess 16 then?
21· · · A· ·Yes, sir.

22· · · Q· ·And he would have been 17?
23· · · A· ·Yes, sir.
24· · · Q· ·When y'all decided to make the trip down to
25· ·Florida, how was the decision made as to who was going

Page 23
·1· ·to drive to Florida and what vehicle you were going to
·2· ·take?
·3· · · A· ·I'm sorry.· I was thinking about the question
·4· ·before.
·5· · · · · I think it was one more year later, so I would

·6· ·have been 17 and he would have been 18.
·7· · · Q· ·It was 2014?
·8· · · A· ·That's right.
·9· · · Q· ·When you went to San Diego?
10· · · A· ·I think so, uh-huh.
11· · · · · Can you ask the second question again?
12· · · Q· ·Let me make sure we've got the right date.

13· · · · · I thought that the -- maybe I'm mistaken.
14· · · · · I thought that the trip to San Diego was at
15· ·least in a different year than the trip to Florida.
16· · · A· ·Right.· I mean, it might have been.· For some
17· ·reason I feel like it was in my junior year, but it
18· ·could have been -- I guess it could have been the
19· ·sophomore year too.· But it's --

20· · · Q· ·If the Florida trip was in April of 2014, you
21· ·would have been --

22· · · A· ·17.
23· · · Q· ·-- 17, and you would have been a senior?
24· · · A· ·I would have been a junior.
25· · · Q· ·A junior in high school?

Page 24
·1· · · A· ·Yes, sir.
·2· · · Q· ·And was Madison a senior?
·3· · · A· ·Yes, sir.
·4· · · Q· ·So do you think it was the year before that
·5· ·that you went to San Diego?

·6· · · A· ·Let's just go with my original answer it was in
·7· ·2013.
·8· · · Q· ·2013?· Okay.· All right.
·9· · · · · Was there any other what I'll say cross country
10· ·kind of trips you and him had been on any other
11· ·occasion besides the Florida trip and San Diego trip?
12· · · A· ·No.
13· · · Q· ·Now, the vehicle that you were in at the time
14· ·of this event, it was a BMW X3?
15· · · A· ·Yes, sir.
16· · · Q· ·And how long had you been driving that vehicle?
17· · · A· ·A while.· I couldn't tell you exactly how long,
18· ·but longer than a month probably.
19· · · Q· ·And Madison had ridden with you in the vehicle

20· ·on previous occasions?
21· · · A· ·Yes, sir.

22· · · Q· ·And was the vehicle, was it for your exclusive
23· ·use?
24· · · A· ·It was a company car.· So it was -- I would use
25· ·it.· Other people at the business would use it, so it

Page 25
·1· ·wasn't just for me.
·2· · · Q· ·What was your permanent residence back at that
·3· ·time?
·4· · · · · When y'all left to go to Florida, where was
·5· ·your permanent residence?

·6· · · A· ·Arden, North Carolina.· My mom's house.
·7· · · Q· ·Where was your father's business?
·8· · · A· ·Greenville, South Carolina.
·9· · · Q· ·And what is the distance between those two
10· ·locations?
11· · · A· ·I don't know exactly how many miles, but it's
12· ·about an hour-and-a-half drive, probably like 60, 60

13· ·something miles.
14· · · Q· ·But did you have the vehicle in Arden, North
15· ·Carolina for you for your use?
16· · · A· ·I would drive back and forth a lot, yes, sir.
17· ·Sometimes I would leave it there and sometimes it
18· ·would be back at my mom's house, if I was there, even
19· ·if I was going to work the next day, something like
20· ·that.
21· · · Q· ·I know that you did work for your dad after he
22· ·had his RV dealership.
23· · · A· ·Yes, sir.
24· · · Q· ·Do you still work there in the summers?
25· · · A· ·Yes, sir, I did this past summer.

Page 26
·1· · · Q· ·What was your job?· What did you do?
·2· · · A· ·This past summer I did a lot of walk-throughs,
·3· ·just explaining to people how to use it, and that kind
·4· ·of stuff, getting them warmed up to it.
·5· · · Q· ·If they bought an RV they would come in and you

·6· ·would take them through it --
·7· · · A· ·Yes, sir.
·8· · · Q· ·-- show them about the appliances, and things
·9· ·like that, and how they all worked?
10· · · A· ·Yes, sir.
11· · · Q· ·Did you have to read the manuals, I guess, to
12· ·understand how that worked?

13· · · A· ·No.· I spent a few days just in the mechanics
14· ·shop going around with mechanics, and they explained
15· ·everything to me.
16· · · Q· ·On-the-job training, explained it to you?
17· · · A· ·Yes, sir.
18· · · Q· ·Was that job pretty much what you did most
19· ·every day last summer?

20· · · A· ·Yes, sir.
21· · · Q· ·And generally about how many people would you

22· ·see on a daily basis where you would be explaining
23· ·those matters to them?
24· · · A· ·Well, I also -- this past summer I took a
25· ·class, so I didn't -- I probably only worked three

Page 27
·1· ·days a week for my dad.· I was also doing another job
·2· ·in Ashville too, so on one of those days.· Maybe it
·3· ·varied from two to three.
·4· · · Q· ·What was the other job that you were working in
·5· ·Ashville?
·6· · · A· ·Front desk at a hotel.
·7· · · Q· ·What hotel was that?
·8· · · A· ·It was Country Inn Suites.
·9· · · Q· ·And where do you -- when you're not at college,
10· ·where do you consider your permanent residence now?
11· · · A· ·Arden North Carolina, my mom's house.
12· · · Q· ·What is her address in Arden?

13· · · A· ·18 Brook Meadows Lane.
14· · · Q· ·And, Bradley, do you have any siblings?
15· · · A· ·Yes, sir.
16· · · Q· ·How many siblings do you have?
17· · · A· ·I have one sister and then I have a half
18· ·sister.
19· · · Q· ·Your sister, is she younger or older?

20· · · A· ·Older.
21· · · Q· ·Where does she live?

22· · · A· ·She lives in Boston, Massachusetts.
23· · · Q· ·What does she do in Boston?
24· · · A· ·She is working -- she sells marketing software.
25· · · Q· ·And your half sister, what is her name?

Page 28
·1· · · A· ·Arlin.
·2· · · Q· ·How old is she?· Is she younger or older than
·3· ·you?
·4· · · A· ·Older.
·5· · · Q· ·And tell me how she is your half sister.

·6· · · A· ·She is my dad and his wife he had before my
·7· ·mom.
·8· · · Q· ·Okay.
·9· · · A· ·That would be her mom.
10· · · Q· ·Where does she live?
11· · · A· ·She lives in Greenville, South Carolina.
12· · · Q· ·What -- when you were at Liberty, what were you

13· ·studying there?
14· · · A· ·Biomedical science.
15· · · Q· ·And what are you studying where you are now?
16· · · A· ·Health science.
17· · · Q· ·Tell me what -- just explain to me what is
18· ·health science?· Is that the major?
19· · · A· ·Yes, sir.

20· · · Q· ·And what is that?
21· · · A· ·It's just an undergraduate program that you

22· ·could go into -- well, you can kind of pick which
23· ·route within -- you can go into.· So there is
24· ·premedical, there is prePA.· You can pick a bunch of
25· ·different sub routes within health science.

Page 29
·1· · · Q· ·And have you chosen any of those routes as of
·2· ·yet?
·3· · · A· ·Right now I'm pre-med.
·4· · · Q· ·Is that your hope and desire, that you will
·5· ·come out of it pre-med and then go to medical school

·6· ·and be a doctor?
·7· · · A· ·Yes, sir.· That would be great.
·8· · · Q· ·Do you know what kind of doctor you want to be?
·9· · · A· ·I've had some thoughts, but I've kind of tried
10· ·to keep it not decide yet, just because it's a ways
11· ·out, and I don't want to get too set on one thing.
12· · · Q· ·In your football career at Chapman is this your

13· ·first year to play at Chapman?
14· · · A· ·Yes, sir.· We had spring ball, but actual
15· ·seasons, yes, sir.
16· · · Q· ·And is this -- will this be your first year of
17· ·eligibility?
18· · · A· ·Yes, sir.
19· · · Q· ·So have you got -- have you used any of your
20· ·pass?
21· · · A· ·No.
22· · · Q· ·So you have four years of eligibility to play?
23· · · A· ·Yes, sir.
24· · · Q· ·When does your season start?
25· · · A· ·Our first game I believe is September --

Page 30
·1· ·beginning of September, first or second, somewhere in
·2· ·there.
·3· · · Q· ·All right.· Let me ask you about -- I want to
·4· ·go back to 2014, at the time of this event, and ask
·5· ·you some questions about that, all right?

·6· · · A· ·Okay.
·7· · · Q· ·Explain to me, if you would -- let me ask you,
·8· ·first of all, back in 2014, in April of 2014, what --
·9· ·how big were you?· I mean, I can tell are looking
10· ·at -- you're a pretty big boy.· You play college
11· ·football.
12· · · · · How tall are you, and how much did you weigh
13· ·back then?
14· · · A· ·I don't know exactly how much I weighed.
15· · · Q· ·What are you?· 6'1" or 6'2"?
16· · · A· ·Yes, sir.· I was probably close to 190
17· ·something.
18· · · Q· ·And about how big was Madison at that point?
19· · · A· ·He was probably close to 200.

20· · · Q· ·And how tall was he?
21· · · A· ·He was a little bit shorter than I am.

22· · · Q· ·Six feet, at least?
23· · · A· ·Maybe.
24· · · Q· ·Now, let me ask you about this.· I read in your
25· ·deposition and his deposition -- and I want you to

Page 31
·1· ·correct me if I'm wrong about this -- but did I
·2· ·understand that the two of you changed positions in
·3· ·that X3 between the driver and the passenger's seat
·4· ·while the vehicle was going down the road?
·5· · · · · MS. GEORGES:· I object to the form.

·6· · · · · THE WITNESS:· Yes.
·8· · · Q· ·And on how many occasions did ya'll do that?
·9· · · A· ·Just once.
10· · · Q· ·Just once.· Was it on the interstate?
11· · · A· ·I think so.· I don't know.· I honestly -- I
12· ·don't know where we were.

13· · · Q· ·Did you and Madison think that was a prudent
14· ·think to do?
15· · · A· ·No.· "Prudent" as in --
16· · · Q· ·Smart.
17· · · A· ·No.· No, sir.
18· · · Q· ·Did you ever consider whether that was
19· ·dangerous or not?

21· · · · · THE WITNESS:· I'm sure we thought about it.

23· · · Q· ·But you did it anyway?
24· · · A· ·Yes, sir.
25· · · Q· ·That is a pretty small space for two boys the

Page 32
·1· ·size of ya'll to try to cross over and change, isn't
·2· ·it?
·3· · · A· ·Yes, sir, it is.
·4· · · Q· ·That was -- were you pretty amazed ya'll could
·5· ·even do that?

·6· · · A· ·I don't know if I'd say amazed.
·7· · · Q· ·Had ya'll done it before?
·8· · · A· ·I don't think so.· I don't know.
·9· · · Q· ·You don't remember if you had or not?
10· · · A· ·Huh-uh, no, sir.
11· · · Q· ·Now, let me ask you this:· My understanding was
12· ·that there was a gun that was found in that car after
13· ·this accident; is that true?
15· · · Q· ·Did you know there was a gun in the car?
16· · · A· ·I don't remember if there was a gun or not. I
17· ·mean, Madison and I both were shooting guns.
18· · · · · I didn't own a gun at the time, so if there was
19· ·it wasn't mine.· So I don't know.

20· · · Q· ·Madison has testified that he had something he
21· ·called a survival kit --

22· · · A· ·Yeah.
23· · · Q· ·-- that was in that -- are you aware of that?
24· · · A· ·Yes, sir.
25· · · Q· ·Do you know what he kept in that survival kit?

Page 33
·1· · · A· ·Vaguely.· Like, typical rope, maybe some
·2· ·matches.· I couldn't tell you exactly.
·3· · · Q· ·But you don't know personally whether or not
·4· ·there was a gun in there or not?
·5· · · A· ·No, sir, not that I remember.

·8· · · Q· ·Did Madison own a gun, to your knowledge, at
·9· ·that time?
10· · · A· ·I think so.
11· · · Q· ·Do you know what kind it was?
12· · · A· ·I don't know.· It also could have just been his

13· ·family's gun, maybe his dad's.
14· · · Q· ·Was it a handgun?
16· · · Q· ·Had you ever seen him with a handgun?
17· · · A· ·I don't think so.
18· · · Q· ·Never been shooting with him when he was
19· ·shooting a handgun?

21· · · Q· ·Now, after this event, after the wreck

22· ·occurred, I know that you went to the hospital where
23· ·Madison was and you were treated there as well; is
24· ·that correct?
25· · · A· ·Yes, sir.

Page 34
·1· · · Q· ·And was it -- was it from the hospital where
·2· ·you sent the text to Madison's brother?
·3· · · A· ·Yes, sir.
·4· · · Q· ·And prior to sending that text had you talked
·5· ·with your father about the accident?

·6· · · A· ·I don't think so.· I don't know.
·7· · · Q· ·You don't remember one way or the other?
·8· · · A· ·No, sir.
·9· · · Q· ·But your father, was he present at the hospital
10· ·when you got there?
11· · · A· ·No.
12· · · Q· ·How long was it after you arrived at the

13· ·hospital that your father arrived?
14· · · A· ·I don't remember.· It was a while.
15· · · Q· ·The vehicle that was being driven, the X3, do
16· ·you know if your father had insurance on that vehicle?
17· · · A· ·Huh-uh, no.
18· · · Q· ·Don't know one way or the other?
19· · · A· ·No, huh-uh.

20· · · Q· ·Did you ever have any discussions with your
21· ·father about whether or not there was ever an

22· ·insurance claim made on the vehicle?
23· · · A· ·No.
24· · · Q· ·If the evidence is that there wasn't a claim
25· ·made on it, he never told you why he didn't make a

Page 35
·1· ·claim on it?
·3· · · · · THE WITNESS:· Could you repeat the question?
·5· · · Q· ·Yeah.· If the record shows that he did not make

·6· ·a claim for the damage to that vehicle on his
·7· ·insurance, you had no conversations with him about why
·8· ·there was no claim made on the vehicle?
10· · · · · THE WITNESS:· I didn't know.· I assumed it was
11· ·under the company's insurance.· That's about all I
12· ·knew about anything that has to do with insurance or

13· ·claims, or anything like that.· I have no idea.
15· · · Q· ·You didn't really have any knowledge at all
16· ·about how the car was covered?
17· · · A· ·No, sir.
18· · · Q· ·Or if it was covered?
19· · · A· ·Well, I assumed it was covered, because I was

20· ·driving it and it was under the company.· I just knew
21· ·it was a company car.· I assumed it was covered by the

22· ·company insurance.· Other than that, I have no idea.
23· · · Q· ·When ya'll started out on the trip in April of
24· ·2014 did you know how much insurance coverage that
25· ·your father had for you?

Page 36
·1· · · A· ·No, sir.
·2· · · Q· ·While you were driving the vehicle?
·3· · · A· ·No, sir.
·4· · · Q· ·When, if ever, did you become aware of how much
·5· ·insurance that your father carried on your behalf on

·6· ·that vehicle?
·7· · · A· ·I don't know.· I don't even know if I totally
·8· ·know now.
·9· · · Q· ·You're not even sure you know now how much
10· ·insurance coverage your father carried?
11· · · A· ·No.
12· · · Q· ·Now, have you gone back -- I have seen a number

13· ·of videos that have been done that are on Utube
14· ·concerning Madison Cawthorn.· Have you looked at any
15· ·of those videos?
16· · · A· ·I'm not sure what you're referring to.
17· · · Q· ·I'm referring to specifically three of them.
18· ·One was done where they interviewed his parents
19· ·shortly after the event.

20· · · A· ·Okay.
21· · · Q· ·And there was another one there where they

22· ·interviewed Madison at the YMCA working out.
23· · · A· ·Okay.
24· · · Q· ·Let me tell you what the third one is, and you
25· ·can tell me if you've seen them.

Page 37
·1· · · · · The third one was a video I think of him coming
·2· ·home to the house that was modified on his behalf
·3· ·after he returned home.
·4· · · · · So with that, have you seen any of those
·5· ·videos?
·6· · · A· ·I know I haven't seen the third one, and I
·7· ·vaguely remember the other two.
·8· · · Q· ·In the one video, the first one,
·9· ·Madison Cawthorn's father says on the video that you,
10· ·in fact, were a hero, and that you had gotten Madison
11· ·out of that car while it was burning.· And his words
12· ·were you had saved Madison's life.

13· · · · · You've never seen that?
14· · · A· ·I didn't.
15· · · Q· ·Did Madison ever express any thanks to you for
16· ·getting him out of that vehicle while it was burning?
17· · · A· ·Yes, sir.
18· · · Q· ·He did?
19· · · A· ·Yes, sir.

20· · · Q· ·He told you he appreciated you doing that?
21· · · A· ·Yes, sir.

22· · · Q· ·When did he tell you that?
23· · · A· ·Sometime recently after the accident, once he
24· ·was stable in ICU.
25· · · Q· ·It was before the lawsuit where he sued you?

Page 38
·1· · · A· ·Yes, sir.
·2· · · Q· ·Now, I want to confirm a couple of things with
·3· ·you.
·4· · · · · One, at the time of this event, when you were
·5· ·in the car with Madison Cawthorn, my understanding is

·6· ·that he had his feet up on the dash in that BMW.
·8· · · · · THE WITNESS:· Uh-huh.
10· · · Q· ·Is that a "yes"?
11· · · A· ·Yes, sir.
12· · · Q· ·And is it true that his mother had made a

13· ·statement to you, you hurt her son, that she had told
14· ·him that he should not put his feet up on the dash?
15· · · · · MS. GEORGES:· Objection to the form.
16· · · · · THE WITNESS:· I don't remember.
18· · · Q· ·Do you remember testifying to that in your
19· ·previous deposition?

20· · · A· ·I don't remember.
21· · · Q· ·If you testified to that under oath in your

22· ·previous deposition, do you stand by it today?
23· · · A· ·If I testified then, yes, but I don't remember
24· ·testifying that.· So maybe I did, but it was a while
25· ·ago.

Page 39
·1· · · Q· ·It's been almost three years ago since the
·2· ·wreck, right?
·3· · · A· ·Yes, sir.
·4· · · Q· ·Actually, it's been longer than that; is that
·5· ·right?· We are in August of 2017.

·6· · · A· ·Uh-huh.
·7· · · Q· ·Is that right?
·8· · · A· ·Yes.
·9· · · Q· ·The wreck was in April of 2014?
10· · · A· ·Uh-huh.
11· · · Q· ·Okay?· Is that right?
12· · · A· ·Yes, sir.

13· · · Q· ·Keep in mind you have to answer out verbally.
14· ·I know you were doing "uh-huh."
15· · · A· ·Right.· Sorry about that.
16· · · Q· ·Sorry to bother you about it, but that's what
17· ·you have to do.
18· · · · · Madison Cawthorn, he also had his seat reclined
19· ·at the time of this event as well, didn't he?

20· · · A· ·Yes, sir.

23· · · Q· ·But he had his seatbelt on, right?
24· · · A· ·Yes, sir.
25· · · Q· ·Now, did you, yourself -- when you were there

Page 40
·1· ·at the hospital, did you hear any discussion there
·2· ·with anyone about the fact that Madison had his feet
·3· ·on the dashboard, and that being related to the
·4· ·injuries that he received?

·6· · · · · THE WITNESS:· I don't remember.
·8· · · Q· ·Don't remember one way or the other?
·9· · · A· ·No, sir.
10· · · Q· ·If you testified about that in your previous
11· ·deposition, are you willing to stand by whatever you
12· ·testified at that point?

13· · · A· ·Yes, sir.
15· · · · · Bradley, I'm just going to ask you if you can
16· ·give me a moment for me to put my objection on the
17· ·record.· Prior to you answering, give me two seconds.
18· · · · · THE WITNESS:· Yes, ma'am.· Sorry about that.

20· · · Q· ·Of course your previous deposition was a lot
21· ·closer in time to the events than this one today,

22· ·right?
23· · · A· ·Yes, sir.
24· · · Q· ·But I think you did say you had a chance to
25· ·read it in preparation for this deposition?

Page 41
·1· · · A· ·Yes, sir.· I didn't read all of it.
·2· · · Q· ·How much of it did you read?
·3· · · A· ·Not much.
·4· · · Q· ·Was there any specific portion that you read?
·5· · · A· ·I definitely remember reading maybe the front

·6· ·cover, to be honest with you.
·7· · · Q· ·Okay.
·8· · · A· ·I don't like reading through that stuff.
·9· · · Q· ·I understand that.
10· · · · · Is the -- let me ask you about your school.
11· · · · · Did you finish the year at Liberty before you
12· ·transferred?
13· · · A· ·I transferred after the -- I finished the Fall
14· ·semester and transferred in the Spring.
15· · · Q· ·Did all your credits transfer?
16· · · A· ·A lot of them.· I don't think all of them.
17· · · Q· ·So are you technically a sophomore in college
18· ·now?
19· · · A· ·No, sir.· I'm still a junior.

20· · · Q· ·You're a junior in college?
21· · · A· ·Yes, sir.

22· · · Q· ·Are you going to graduate school if you want to
23· ·play all four years?
24· · · A· ·Oh, no.· I don't think I'll do that.· I'll be
25· ·able to do graduate school in Chapman.· I'll be done

Page 42
·1· ·with that.
·2· · · Q· ·When did you first find out that
·3· ·Madison Cawthorn was going to sue you?
·5· · · · · THE WITNESS:· I don't know.· I couldn't tell

·6· ·you a day or time.
·8· · · Q· ·Did he tell you that he was going to sue you?
10· · · · · THE WITNESS:· Him and his dad said something
11· ·about it, and I vaguely remember that.

13· · · Q· ·What is your recollection about what they said?
15· · · · · THE WITNESS:· I just remember them telling me
16· ·that they were going to sue me, or me and my dad's
17· ·company.· And I remember them telling me that, and
18· ·that they didn't want me to get hurt.· That was about
19· ·it.
21· · · Q· ·Madison Cawthorn has testified in his

22· ·deposition that he believes that after the lawsuit was
23· ·filed against you that he told you that he was only
24· ·going after the insurance money and not you.

Page 43
·2· · · Q· ·Do you remember him telling you that?
·3· · · A· ·No.
·4· · · Q· ·If he says that he told you that, could you
·5· ·dispute that he told you that?

·6· · · A· ·I would trust him, but I don't remember that
·7· ·personally.
·8· · · Q· ·When the lawsuit was filed against you and your
·9· ·dad's company, did you and Madison continue to be
10· ·friends for a period of time?
11· · · A· ·Yes, sir.
12· · · Q· ·And when did that come to an end?

13· · · A· ·After he had time to spend during a call back
14· ·after my deposition.
15· · · Q· ·And that was the lawyer that represented him?
16· · · A· ·Yes, sir.
17· · · Q· ·And did he ever say to you that he didn't want
18· ·to be your friend any more?
19· · · A· ·Not those exact words, but I catch a hint.

20· · · · · (Reporter clarification.)
21· · · · · THE WITNESS:· Catch a hint.· Sorry.

23· · · Q· ·Did the friendship with Madison coming to an
24· ·end after the lawsuit?· Did that have any -- did it
25· ·have any -- I don't know how to ask it, but was it --

Page 44
·1· ·was that at all in your thinking when you decided to
·2· ·transfer to Liberty, I mean transfer from Liberty?
·3· · · A· ·No, sir.
·4· · · Q· ·Was there ever any point while you were at
·5· ·Liberty that Madison Cawthorn was thinking about

·6· ·coming to Liberty?
·7· · · A· ·I think there was at one point, yeah, and we
·8· ·talked about maybe we'd even live together, and that
·9· ·kind of stuff.
10· · · Q· ·And did he ever end up going to Liberty?
11· · · A· ·No, sir.· Maybe he did some online thing I'm
12· ·not aware of, but no, sir, not that I know of.
13· · · Q· ·Are you aware of where he is going to school,
14· ·if he is?
15· · · A· ·Patrick Henry.
16· · · Q· ·And where is that located?· Do you know?
17· · · A· ·I don't know exactly.· I know it's about --
18· ·it's close to D.C., maybe two hours, or something like
19· ·that, maybe an hour.· It's closer.· I don't know, but

20· ·in that area.
21· · · Q· ·Do you have any idea what he's studying?

22· · · A· ·Political science.
23· · · Q· ·And what type of university is Patrick Henry?
24· ·Do you know?
25· · · A· ·A private university.

Page 45
·1· · · Q· ·Is it a private school?
·2· · · A· ·I believe it's a private school.
·3· · · Q· ·Is it affiliated with any religion?
·4· · · A· ·Not that I know of.
·5· · · Q· ·What about where you go to school?· Is it

·6· ·affiliated with any religion?
·7· · · A· ·No, sir.
·8· · · Q· ·What about Liberty?
·9· · · A· ·Yes, sir.
10· · · Q· ·Is it -- is it associated with any specific
11· ·denomination?
12· · · A· ·I believe Baptist.

13· · · Q· ·How big of a school is Liberty?
14· · · A· ·Fourteen and a half thousand undergraduate
15· ·students.
16· · · Q· ·During the time that you had the X3 BMW, and
17· ·were driving it when it was available for your use,
18· ·were you aware of or did you have any problems with
19· ·the BMW?

21· · · Q· ·So, to your knowledge, in the time that you

22· ·drove it only, there weren't any mechanical problems
23· ·you were aware of?
25· · · Q· ·Now, I'm going to ask you about something when

Page 46
·1· ·you brought up about Madison having spent time with
·2· ·Joe Callback after your deposition.
·3· · · · · Madison testified in his deposition that he
·4· ·thought that you would lie under oath about his
·5· ·position in the vehicle if his lawyers told him to.

·7· · · · · MR. BURGE:· He said that on page 167 of his
·8· ·deposition.
·9· · · · · MS. GEORGES:· Do you want to show the witness
10· ·the deposition so he can read it?
11· · · · · MR. BURGE:· No.

13· · · Q· ·I want you to assume he said that.
14· · · · · MS. GEORGES:· I'm going to object.
16· · · Q· ·Did Madison -- did he ever tell you to your
17· ·face that he thought that you would lie in your
18· ·deposition about any aspect of the accident happening
19· ·or how he was located in the vehicle?

20· · · A· ·No.· I mean, not that I remember.
21· · · · · I know he told other people, but I don't

22· ·remember him specifically approaching me about it.
23· · · Q· ·Do you know he told other people that you had
24· ·lied in your deposition?
25· · · A· ·Yes, sir.· Or I don't know about lying in the

Page 47
·1· ·deposition, but I know he told other people he didn't
·2· ·think I was being truthful about something or other.
·3· ·I know it happened after my deposition and after he
·4· ·had talked to Joe Callback.
·5· · · Q· ·Well, I know that your lawyers would have never

·6· ·told you to lie in the deposition, but even if they
·7· ·had you wouldn't have lied in the deposition, right?
·8· · · A· ·Yes, sir.
·9· · · Q· ·You understand what telling the truth means,
10· ·right?
11· · · A· ·Yes, sir, uh-huh.
12· · · Q· ·He also testified on that same page -- or maybe

13· ·168 -- that he thought that you were under a lot of
14· ·pressure from your father when this lawsuit was going
15· ·on.
18· · · Q· ·Just assume that he said that.
19· · · A· ·Okay.
20· · · Q· ·Was there ever any point that you felt like
21· ·that you were under pressure from your father in any
22· ·sense during that lawsuit, or as it relates to your
23· ·testimony in the deposition?
24· · · A· ·No, sir.
25· · · Q· ·He said that you testified that your father was

Page 48
·1· ·a strong-willed and persuasive man in the deposition,
·2· ·indicating that he thought he had exerted influence
·3· ·over you in the deposition.

·6· · · Q· ·I want you to assume that that's what he had
·7· ·said.
·8· · · A· ·Okay.
·9· · · Q· ·My question is, was there ever any time that
10· ·your father -- who he described as a strong-willed
11· ·persuasive man -- ever exerted any kind of influence
12· ·over you to sway your testimony one way or the other
13· ·in the underlying case?
15· · · · · THE WITNESS:· No, sir.
17· · · Q· ·Thank you.
18· · · · · Also, at the time of this event the air bags
19· ·deployed in that car, correct?

21· · · · · THE WITNESS:· I think so.

23· · · Q· ·Do you remember testifying in your deposition
24· ·that the air bags had deployed?
25· · · A· ·That may be.· I think -- I think I testified

Page 49
·1· ·that, uh-huh.
·2· · · Q· ·Well, that's true, isn't it?
·3· · · A· ·If they didn't deploy, and I said they did,
·4· ·then I felt they did.· So that is why I would testify
·5· ·to that, as far as I know, but I think they did.

·6· · · Q· ·Do you remember testifying that you remember
·7· ·your face being in the air bag?
·8· · · A· ·Yes, sir, that sounds like -- uh-huh.
·9· · · Q· ·And that you had seen it and had to move it
10· ·trying to get Madison out of the car?
11· · · A· ·Moving it to get Madison out of the car?
12· · · Q· ·Yeah.
13· · · A· ·I wouldn't have testified to that.
14· · · Q· ·Pushing it down to get him out of the car.
15· · · A· ·No, sir I wouldn't have said that.
16· · · Q· ·Do you remember, sitting here today, exactly
17· ·what position that Madison was in when you pulled him
18· ·out of the car?
19· · · A· ·He was just kind of sitting in the seat,

20· ·slouched over a little bit.
21· · · Q· ·Have you ever Googled injuries that you can

22· ·receive in a vehicle, if you have your feet on the
23· ·dash, to see what can happen to you?
24· · · A· ·No, sir.
25· · · · · MS. GEORGES:· I object to form.

Page 50
·2· · · Q· ·Have you been told by any physicians, nurses,
·3· ·or any health care providers, as to what type of
·4· ·injuries that can happen to someone that puts their
·5· ·feet up on the dash?

·7· · · · · THE WITNESS:· I've had a lot of people come up
·8· ·and say, "Oh, putting your feet on the dash is really
·9· ·bad, blah, blah, blah, blah, blah," so many times.
10· ·So, yes.
12· · · Q· ·Now, when the lawsuit got filed against you and
13· ·your father, there was two lawyers -- well, I take it
14· ·back.
15· · · · · There was one lawyer that was hired by
16· ·Auto-Owners to defend you in the case; is that right?
17· · · A· ·Yes, sir.
18· · · Q· ·And who was that?
19· · · A· ·Michael Ward, I think so.

20· · · Q· ·That is what you think?· You think Michael --
21· · · A· ·Michael Ward, and Jamie Moses was my personal

22· ·lawyer.
23· · · Q· ·Well, you understood that Jamie Moses had been
24· ·hired by Auto-Owners to represent you?
25· · · A· ·Right, yeah.· I mean, I was a little bit

Page 51
·1· ·confused, honestly, which one was the auto and which
·2· ·one was my dad hired for my personal counsel, or if
·3· ·they were both from Auto-Owners.
·4· · · · · One was one was one and one was the other. I
·5· ·don't honestly know.· I think Michael Ward was from

·6· ·Auto-Owners.· Maybe it was the other way around. I
·7· ·don't know.
·8· · · Q· ·Let me ask you this:· Mr. Callahan, did you
·9· ·understand what his role was in the case?
10· · · A· ·I think he was just personal counsel for me and
11· ·my father.
12· · · Q· ·And when did you first find out that your
13· ·father was going to be hiring personal counsel for
14· ·both you and on behalf of the company?
15· · · A· ·I don't know.· I don't know.
16· · · Q· ·Do you remember when it was you found out that
17· ·Auto-Owners was going to be hiring a lawyer to
18· ·represent you as well as the company?
19· · · A· ·No.
20· · · Q· ·Now, were there ever any occasions where you
21· ·met one-on-one with Jamie Moses?

22· · · A· ·One-on-one with Jamie Moses?· I don't think it
23· ·was ever one-on-one.
24· · · Q· ·Was there ever an occasion you remember your
25· ·father telling you that he didn't want you speaking

Page 52
·1· ·with Jamie Moses unless Mr. Callahan was around?
·2· · · A· ·I don't -- I don't remember.· He might have
·3· ·said that.· I don't know.
·4· · · Q· ·Do you have any recollection of him ever
·5· ·telling Jamie Moses that?

·6· · · · · MR. CALLAHAN:· Objection to form.
·7· · · · · THE WITNESS:· Not that I know of.
·9· · · Q· ·In the underlying lawsuit where you were sued
10· ·by both -- excuse me, by Madison Cawthorn against you
11· ·and your dad's company, did you have any understanding
12· ·as to the difference between the claims against you as

13· ·compared to the claims against your father's company?
14· · · A· ·No.
15· · · Q· ·In your mind, did you just consider the claims
16· ·to be the same?
17· · · A· ·Yes.· I think yes.
18· · · Q· ·In your mind, did you consider that Michael
19· ·Ward was even your lawyer representing you?

20· · · A· ·Yes, sir, like they we were all together, I
21· ·guess.
22· · · Q· ·Everybody is together?
23· · · A· ·Yeah.
24· · · Q· ·That was the way you saw it?
25· · · A· ·That is the way I saw it, yes, sir.

Page 53
·1· · · Q· ·Did there ever come a time at all when you saw
·2· ·it differently than that?
·3· · · A· ·No.
·4· · · Q· ·While the underlying -- let me ask you this
·5· ·first of all.

·6· · · · · In the underlying case, when that ways was
·7· ·pending before it was resolved I know you gave your
·8· ·deposition.· I know there were occasions that you met
·9· ·with your lawyers.
10· · · · · Other than those events, did you keep track of
11· ·the lawsuit sort of -- I mean, did you keep abreast of
12· ·it?· Did you see the documents that were produced in
13· ·the underlying case?· Did you read any of the other
14· ·depositions?· Did you do any of that as that lawsuit
15· ·was pending?
16· · · A· ·I was shown some other like witness stuff with
17· ·my attorney.· Honestly on my own, not really.
18· · · Q· ·I know you met with your lawyers and probably
19· ·before went through some things as what happens.· But

20· ·as far as independently taking depositions, looking at
21· ·them, documents, that sort of thing, did you do any of

22· ·that?
23· · · A· ·No, sir.
24· · · Q· ·Let me ask you, show you some things here.
25· · · · · Well, let's go ahead and mark -- do you have a

Page 54
·1· ·sticker?· Let's mark the Notice of Deposition as 1.
·2· · · · · (Exhibit 1 was marked for
·3· · · · · ·identification by the court
·4· · · · · ·reporter and is attached hereto.)

·6· · · Q· ·This is a notice of your deposition.· You may
·7· ·or may not have even seen it.· That is just a notice
·8· ·that we file with the court that says your deposition
·9· ·is going to be here, that sort of thing.
10· · · A· ·Okay.
11· · · Q· ·Have you seen that before?
12· · · A· ·Yeah.· I think I I got an email with it.

13· · · · · MR. BURGE:· This is Exhibit 2.
14· · · · · (Exhibit 2 was marked for
15· · · · · ·identification by the court
16· · · · · ·reporter and is attached hereto.)
18· · · Q· ·Let me get you just to look at Exhibit 1.· We
19· ·had requested that you bring some information,

20· ·basically conversations from social media, whatever,
21· ·between you and Madison Cawthorn.

22· · · · · (Discussion held off the record.)
23· · · · · And it was requesting it from really the date
24· ·of the lawsuit up and through today's date.· That's
25· ·what we were asking you to bring.· I don't know if you

Page 55
·1· ·saw that or knew that.
·2· · · A· ·No.· I'm sorry.
·3· · · Q· ·Okay.· Exhibit No. 2, though, you did bring
·4· ·with you today?
·5· · · A· ·Yes, sir.

·6· · · Q· ·Which is some conversation between you and
·7· ·Madison Cawthorn; is that right?
·8· · · A· ·Yes, sir.
·9· · · Q· ·It looks to me like that conversation actually
10· ·kind of comes to an end somewhere around August of
11· ·2015, thereabouts.
12· · · · · And can you kind of just look in there and see
13· ·if you can see when it sort of comes to an end?
14· · · A· ·The dates in the text message are kind of --
15· · · Q· ·They're kind of hard to see.
16· · · A· ·Yeah.· I can't find one, honestly.
17· · · Q· ·Tell you what.· If you look at --
18· · · A· ·I can tell it was sometime in August, because
19· ·I'm talking about Chapman and so --

20· · · Q· ·Right.· Looks like August, maybe early
21· ·September, somewhere along there in 2015; is that

22· ·accurate?
23· · · A· ·Yes, sir.
24· · · Q· ·Okay.· Now, since that time are there any --
25· ·you told me when you last communicated with him, but

Page 56
·1· ·are there any communications between you and
·2· ·Madison Cawthorn between where Exhibit 2 ends and up
·3· ·through the last communication that you had with him,
·4· ·which I think you said was spring of '16?
·5· · · A· ·May.
·6· · · Q· ·May of '16?
·7· · · A· ·No, 2017.
·8· · · Q· ·May of 2017?
·9· · · A· ·Yes, sir.
10· · · Q· ·So are there any communications between y'all
11· ·from, say, September 15th, which would take us around
12· ·September of 16, and then we have October, November,

13· ·December, January, February, March and April and May
14· ·of '17?
15· · · A· ·Uh-huh.
16· · · Q· ·And in that 16 or 17 months was there any
17· ·communication between you and Madison Cawthorn via
18· ·email or texting, or any other sort of social media
19· ·between the two of you?

20· · · A· ·This goes -- this is August of 2016.
21· · · Q· ·2016?
22· · · A· ·So this is August '16, not 2015.· So it's not
23· ·that long of a time period.
24· · · Q· ·Okay.
25· · · A· ·Because I would have no idea where Chapman was

Page 57
·1· ·in 2015.
·2· · · Q· ·Okay.· So the Chapman conversation you're
·3· ·saying would be in --
·4· · · A· ·August, September of 2016.
·5· · · Q· ·Of 2016?

·6· · · A· ·Yes, sir.
·7· · · Q· ·That would have been while you were at Liberty?
·8· · · A· ·Yes, sir.
·9· · · Q· ·Since that time frame, has there been any
10· ·additional communications via social media or texting
11· ·or email in between the two of you between then and
12· ·when it came to an end?

13· · · A· ·There might have.· It was just like the one I
14· ·described, me asking if he's home, or what he's doing,
15· ·and either no response or that kind of stuff.
16· · · Q· ·To your recollection there was no communication
17· ·it had anything to do with his first lawsuit or his
18· ·second lawsuit?
19· · · A· ·No, sir.

20· · · Q· ·Now, I want to ask you about there is a -- we
21· ·had requested some documents from Madison Cawthorn and

22· ·his lawyers in this lawsuit, and they filed a
23· ·privileged log, which means lawyers objecting saying
24· ·there is something they don't want to produce because
25· ·it's privileged.· One of the things they claimed

Page 58
·1· ·privilege on was a handwritten note from Bradley
·2· ·Ledford to Madison Cawthorn that was delivered to
·3· ·Madison Cawthorn during mediation.
·4· · · · · MS. GEORGES:· We maintain our objection that if
·5· ·you're going to ask him any questions to disclose any

·6· ·contents as to that communication.
·7· · · · · MR. BURGE:· Well, we'll let his lawyer deal
·8· ·with that, because I think it's his privilege.
10· · · Q· ·Here is my first question about that.
11· · · · · Do you have a recollection of there being such
12· ·a writing from you to Madison Cawthorn that was

13· ·delivered during the mediation?
14· · · A· ·Yes, sir.
15· · · Q· ·And tell me, if you would, how did that get
16· ·initiated?· I'm not asking you what is it.
17· · · · · MR. CALLAHAN:· Before we go further, do ya'll
18· ·have an issue in this litigation about a mediation
19· ·privilege?
20· · · · · MS. GEORGES:· Yes, in addition to
21· ·attorney-client privilege.

22· · · · · MR. BURGE:· We haven't raised attorney-client
23· ·privilege.
24· · · · · MR. CALLAHAN:· Mediation privilege is what is
25· ·at issue?

Page 59
·1· · · · · MR. BURGE:· It is what they're saying.
·2· · · · · THE WITNESS:· So how it was initiated?
·4· · · Q· ·I'm -- I'm not asking you what was in it.· I'm
·5· ·just asking you how did it -- what was the -- what
·6· ·occurred to make that come about?
·7· · · A· ·I hadn't been able to get through to Madison
·8· ·texting wise, just conversation, just to tell him how
·9· ·I felt and how much I missed our friendship, and that
10· ·kind of stuff.· And so I put it in there.
11· · · Q· ·How long of a note was it?
12· · · A· ·I don't know.· I don't think that long.

13· · · Q· ·And was that something that was done while
14· ·ya'll were at the mediation?
15· · · A· ·I think I wrote it before, I'm sure.· I don't
16· ·think I wrote it there.
17· · · Q· ·You wrote it before you went there?
18· · · A· ·I think so.
19· · · Q· ·Okay.
20· · · A· ·I don't remember specifically when I wrote it.
21· · · Q· ·Well, for our purposes here I'm going to ask

22· ·him what was in it, and then we'll give ya'll a minute
23· ·if you want to say anything about it.· It would be my
24· ·position it's his privilege to waive.· It doesn't
25· ·sound like he wrote it at mediation.

Page 60
·1· · · · · So having said that let, me ask you the
·2· ·question.
·3· · · · · MR. CALLAHAN:· Let me take a second with him.
·4· ·Is that okay to take a short break?
·5· · · · · MR. BURGE:· Sure, sure.

·6· · · · · THE VIDEO OPERATOR:· Okay.· Off the record.
·7· ·The time is 10:09 a.m.
·8· · · · · (Recess taken.)
·9· · · · · THE VIDEO OPERATOR:· We are on the record.· The
10· ·time is 10:20 a.m.
11· · · · · This is the beginning of media Number 2 in the
12· ·continuing deposition of Bradley Ledford.

14· · · Q· ·Okay.· Brad, we're back on the record.
15· · · · · I know we took a break and you had a chance to
16· ·confer with Mr. Callahan.· Let's go back to my
17· ·question, and I'll give them a chance to say what they
18· ·want to say.
19· · · · · My question was, is the -- the handwritten note

20· ·that you and I were discussing -- I want the question
21· ·to be to ask you what was in the note?

22· · · · · MS. GEORGES:· I object again, and assert the
23· ·same privilege.
24· · · · · MR. CALLAHAN:· As personal counsel, I am going
25· ·to join in the objection, because we have a strict

Page 61
·1· ·mediation privilege in Florida which prohibits the
·2· ·parties from divulging the communications during the
·3· ·mediation process.· And my understanding, from my
·4· ·client, is that the note was delivered during the
·5· ·mediation, and possibly modified during the mediation.

·6· · · · · So, to that extent, I prefer to have the court
·7· ·rule on the matter prior to divulging the contents.
·8· ·And we'll assert the privilege.
·9· · · · · MR. BURGE:· Okay.
10· · · · · Let me show you what we'll mark as Exhibit 3?
11· · · · · THE REPORTER:· Correct.
12· · · · · (Exhibit 3 was marked for

13· · · · · ·identification by the court
14· · · · · ·reporter and is attached hereto.)
16· · · Q· ·Bradley, let me get you to take a look at
17· ·Exhibit No. 3.
18· · · · · My first question, have you ever seen that
19· ·email before?

20· · · A· ·Nope.· No.
21· · · Q· ·Did you know who Pamela McLean is?

22· · · A· ·I'm assuming she is from Auto-Owners, just
23· ·looking at the email.· I don't know.
24· · · Q· ·Just assume for the purposes of my questions
25· ·that she was the insurance adjustor that was working

Page 62
·1· ·for Auto-Owners back at the time of this event, and
·2· ·that she was handling this claim, okay?
·3· · · A· ·Okay.
·4· · · Q· ·And you see the date of that email?
·5· · · A· ·Yes, sir.

·6· · · Q· ·June the 11th, 2014?
·7· · · A· ·Yes, sir.
·8· · · Q· ·And I don't know -- do you recognize the emails
·9· ·that she sent that to?
10· · · A· ·No.
11· · · Q· ·Well, just so you'll know who it is, that was
12· ·sent to Madison Cawthorn's dad, and this was on June

13· ·the 11th, 2014.
14· · · A· ·Okay.
15· · · Q· ·And do you remember when Madison went to
16· ·Shepherds in Atlanta?
17· · · A· ·Yes, sir, I do.
18· · · Q· ·And do you remember that he went there
19· ·approximately the second week in May of 2014?

20· · · A· ·I don't remember what the date was.
21· · · Q· ·And were you there while he was at Shepherds?

22· · · A· ·Yes.
23· · · Q· ·Well, just for point of reference, the lawsuit
24· ·that Madison filed against you and your dad was filed
25· ·on June the 26th of 2014.

Page 63
·1· · · A· ·Okay.
·2· · · Q· ·It was filed 15 days after this email.
·3· · · · · Have you had a chance to read the email?
·4· · · · · MR. CALLAHAN:· Take a minute and read it.
·5· · · · · THE WITNESS:· Okay.

·7· · · Q· ·Have you had a chance to read it?
·8· · · A· ·Yes.
·9· · · · · MR. CALLAHAN:· Let me interrupt you briefly.
10· · · · · I know you just testified, Bradley, that you
11· ·had never seen this before.· I know that you saw a lot
12· ·of documents during the lawsuit that you may not
13· ·recall seeing.
14· · · · · THE WITNESS:· Okay.· This may be one of them.
15· · · · · MR. CALLAHAN:· So rather than being so
16· ·absolute, would you please answer the question in
17· ·terms of whether you remember it or whether you
18· ·absolutely know you never saw it before.
19· · · · · THE WITNESS:· I don't.· I don't remember it.

21· · · Q· ·Okay.· But you've now had a chance to read it?

22· · · A· ·Yes, sir.
23· · · Q· ·Now, if you will notice it down here in this
24· ·letter it says, (as read):
25· · · · · "It was a pleasure speaking with you

Page 64
·1· · · · · this morning regarding your son's
·2· · · · · accident.· Attached is the letter we
·3· · · · · discussed with the medical
·4· · · · · authorization included.· Upon receipt
·5· · · · · of the signed release I will obtain

·6· · · · · the records from the hospital so that
·7· · · · · we can bring this matter to a
·8· · · · · conclusion.· As I said, please call me
·9· · · · · with any questions.· My cell phone
10· · · · · number is --" and she gives the
11· · · · · number.
12· · · · · Do you see that?

13· · · A· ·Yes, sir, I do.
14· · · Q· ·Okay.· Now, did you ever have any conversations
15· ·at all with anyone about -- well, let me scratch that.
16· ·Let me ask you this question.
17· · · · · Did you ever have any conversations at all with
18· ·Madison Cawthorn's dad about the insurance company's
19· ·request that he get a medical authorization form so

20· ·that they can get Madison's medical records?

22· · · Q· ·Does it make sense to you that an insurance
23· ·company would like to have medical records verifying
24· ·an injury before they paid out insurance money?

Page 65
·1· · · · · THE WITNESS:· Yes.· It makes sense to me, yes,
·2· ·sir.
·4· · · Q· ·Now, let me get you to take a look at Exhibit
·5· ·number -- we'll mark it as 4.

·6· · · · · MS. GEORGES:· For the record, this is Bates as
·7· ·Cawthorn AO 00012.
·9· · · Q· ·Let me ask you, do you have a recollection of
10· ·ever seeing this before?
11· · · A· ·No, sir.
12· · · Q· ·Let me get you to look down at the bottom, ask

13· ·him can you recognize that that is an email from Roger
14· ·Cawthorn to Pamela McLean on June the 11th, 2014?
15· · · A· ·Yes, sir, I do see that.
16· · · Q· ·And is it -- it looks like its an hour or so
17· ·after the email that we looked at a minute ago, which
18· ·was Exhibit No. 3.
19· · · A· ·Yes, sir, I see that.

20· · · Q· ·And when you look down there at the bottom,
21· ·just read that email from Roger Cawthorn to Pamela

22· ·McLean to yourself, first of all.
23· · · A· ·Okay.
24· · · Q· ·Have you had a chance to read it?
25· · · A· ·Yes, sir.

Page 66
·1· · · Q· ·It says, (as read):
·2· · · · · "I see that this letter states we will
·3· · · · · be able to bring the insurance portion
·4· · · · · of this matter to a conclusion.· Not
·5· · · · · sure what is meant by that.· My son

·6· · · · · will have bills from other places.
·7· · · · · Doctors, surgeons, therapists and
·8· · · · · others from Florida here in Georgia,
·9· · · · · also for his long-term care for years
10· · · · · to come.· So I would think that there
11· · · · · will be a lot more bills to be paid.
12· · · · · Again, the conclusion part of what?

13· · · · · Thank you."
14· · · · · Have I read that correctly?
15· · · A· ·Yes, sir.
16· · · Q· ·Did you ever have any conversations with
17· ·Madison Cawthorn's dad about any discussions he was
18· ·having with Auto-Owners insurance about bringing the
19· ·insurance portion to a conclusion back on June the

20· ·11th of 2014?
21· · · A· ·No, sir.

22· · · Q· ·If you look right above that, there's an email
23· ·about an hour later from Pamela McLean back to
24· ·Roger Cawthorn.· Do you see that?
25· · · A· ·Yes, sir.

Page 67
·1· · · Q· ·Read that to yourself, if you would please.
·2· · · A· ·(Witness complies.)· Okay.
·3· · · Q· ·And does that say (as read):
·4· · · · · "The payment that we make would be a
·5· · · · · lump sum for a release of our insured.

·6· · · · · It would be -- it would be for you to
·7· · · · · disburse.· The payment would be made
·8· · · · · to your son for use at his
·9· · · · · discretion."
10· · · · · Have I read that accurately?
11· · · A· ·Yes, sir.
12· · · Q· ·And above that there's an email a few hours

13· ·later from Roger Cawthorn to Pamela McLean.
15· · · A· ·Yes, sir.
16· · · Q· ·And what does that -- what does Roger Cawthorn
17· ·say there?
18· · · A· ·"How much will the check be for?"
19· · · Q· ·If you look up above that, Pamela McLean is

20· ·responding to Roger Cawthorn at 2:16, and what is her
21· ·response?
22· · · A· ·"There is 3 million in coverage."
23· · · Q· ·Now, I think you've already told me this, but I
24· ·want to make sure.
25· · · · · Did you know that your father had $3 million in

Page 68
·1· ·coverage?
·2· · · A· ·At what time?
·3· · · Q· ·Back in June of 2011?
·4· · · A· ·No.
·5· · · Q· ·Excuse me, 2014?

·6· · · A· ·Not that I remember, no.
·7· · · Q· ·Did -- at any time did you have any
·8· ·conversations with Madison Cawthorn about if he had
·9· ·any knowledge about discussions with the insurance
10· ·company?
11· · · A· ·No, sir.
12· · · Q· ·Did he ever tell you why, back in June of 2011,

13· ·that he would not sign a medical authorization form so
14· ·that Auto-Owners could get the medical records and
15· ·then they could pay him the $3 million?
16· · · · · MS. GEORGES:· I object to the form.· Incomplete
17· ·hypothetical.

20· · · Q· ·He never told you anything about that?
21· · · A· ·No.
22· · · Q· ·Did you know, back at that time, that
23· ·Auto-Owners was asking him to sign a medical
24· ·authorization form so that they could get the records
25· ·and then pay him the $3 million?

Page 69
·1· · · A· ·I didn't know.
·2· · · Q· ·Madison Cawthorn's father has testified that he
·3· ·would -- him and/or his son would never have accepted
·4· ·the $3 million after June the 11th, 2014.
·5· · · · · Did you ever have any conversations with

·6· ·Madison Cawthorn as to why he was not willing to
·7· ·accept the $3 million after June the 11th, 2014?
·9· · · · · THE WITNESS:· Not that I remember.
11· · · Q· ·Did you ever have any conversations with his
12· ·father about why Madison was not willing to accept the
13· ·$3 million after July the 11th, 2014?
15· · · · · THE WITNESS:· No.
17· · · Q· ·Do you know what changed with Madison Cawthorn,
18· ·as to why some two years later he was, indeed, willing
19· ·to accept the $3 million from Auto-Owners?


23· · · Q· ·Do you have any understanding or idea at all as
24· ·to what changed in the circumstances between June of
25· ·2011 and in late 2016 when Madison Cawthorn decided he

Page 70
·1· ·would accept the $3 million?
·2· · · A· ·No, sir.
·3· · · Q· ·Now, mark this as Exhibit 5.

·7· · · · · MR. BURGE:· That is the only copy I have of
·8· ·that.· Pass it around.
·9· · · · · MS. GEORGES:· For the record, it's Bates
10· ·stamped as Cawthorn-AO 00088.
12· · · Q· ·Let me know when ya'll are finished.

13· · · A· ·Okay.
14· · · Q· ·Do you recall ever seeing that email before?
15· · · A· ·No, sir.
16· · · Q· ·This is dated June the 12th, 2014, which was
17· ·the day after those emails that I showed you, Exhibit
18· ·No. 3 and No. 4.
19· · · · · Did you see that?

20· · · A· ·Uh-huh.
21· · · Q· ·Is that a "yes"?

22· · · A· ·Yes, sir.
23· · · Q· ·And do you know Dean Colson -- or who he is?
24· · · A· ·No, sir.
25· · · Q· ·You don't know that that was Mr. Callback's law

Page 71
·1· ·partner?
·2· · · A· ·No, sir.
·3· · · Q· ·Do you know Blake Meadows?
·4· · · A· ·No, sir.
·5· · · Q· ·Do you know who he is?

·6· · · A· ·No.
·7· · · Q· ·Do you know the Congressman Meadows --
·8· · · A· ·That rings a bell, yes, sir.
·9· · · Q· ·-- that Madison either works for now, or did
10· ·work for?
11· · · A· ·Yes, sir.· I've never met him, but I know who
12· ·he is.

13· · · Q· ·Have you heard Madison talk about him?
14· · · A· ·Yes, sir.
15· · · Q· ·And you did not know, I assume, that Blake
16· ·Meadows, the person on here, is the Senator Meadows'
17· ·son?
18· · · A· ·No, sir.
19· · · Q· ·Do you have any personal knowledge as to how

20· ·long after June the 12th of '14 it was that
21· ·Madison Cawthorn and his dad informs you and your dad
22· ·that they were going to sue you?
23· · · A· ·I don't.
24· · · Q· ·Now, do you remember when you were served with
25· ·the lawsuit?

Page 72
·1· · · A· ·A date, no, I don't remember a date.
·2· · · Q· ·Do you remember, were you served by the sheriff
·3· ·or was it certified mail, or how were you served with
·4· ·the suit?
·5· · · A· ·I think it was certified mail.· I'm sure that

·6· ·is probably what it was.· I'm sure my parents read it.
·7· · · · · MR. CALLAHAN:· Don't guess.· If you don't know,
·8· ·just say so.
·9· · · · · THE WITNESS:· I don't know.
11· · · Q· ·Was your permanent residence at that time with
12· ·your mom?

13· · · A· ·Yes, sir.
14· · · Q· ·Now, let me ask you a couple of questions about
15· ·the Exhibit No. 2, I think it is, which I think you've
16· ·got it over there, which was the communication between
17· ·you and Madison Cawthorn.
18· · · · · I think your Bates stamps are the same ones
19· ·that I have.· Let me get you to look over it

20· ·page 01087.· Oh, let me back it up.
21· · · · · Go back to 01085.· Are you there?

22· · · A· ·Yes, sir.
23· · · Q· ·On this sheet is the section that has the
24· ·square around it, that is sort of highlighted, is that
25· ·what Madison Cawthorn's saying?

Page 73
·1· · · A· ·Madison is saying, yeah, the highlighted area.
·2· · · Q· ·And one of the things in the middle of the page
·3· ·he says, "Bro, need a favor.· Can I use your farm for
·4· ·a camp fire Monday night?"· Have I read that
·5· ·accurately?
·6· · · A· ·Yes, sir.
·7· · · Q· ·You say possibly.· Is it you and a lady friend?
·8· ·And he says, "Yes indeed."
·9· · · · · Do you see that?
10· · · A· ·Yes, sir.
11· · · Q· ·You say, "Why, of course you can use it.· When
12· ·you have a chance, call me so I can tell you something

13· ·about it though."
14· · · · · Have I read that right?
15· · · A· ·Yeah, I meant to say some things about it.
16· · · Q· ·What is that discussing this farm where he's
17· ·wanting to take a lady friend out for a camp fire?
18· · · A· ·That's my grandfather's farm, and we've had
19· ·fires there before.· So he probably just wanted to

20· ·take her there for a date, or the end of a date or
21· ·something.
22· · · Q· ·And where is that farm located?
23· · · A· ·It's close to Arden, North Carolina.
24· · · Q· ·And then it looks like you go on to the next
25· ·page, and at the top he says, "Heck yeah, man.· What

Page 74
·1· ·are you up to?"
·2· · · · · Down below you say (as read):
·3· · · · · "Headed the gym, and I can set up a
·4· · · · · fire for you because I have plenty of
·5· · · · · wood, so all you have to do when you

·6· · · · · get there is throw a match on it."
·7· · · · · Have I read that right?
·8· · · A· ·Yes, sir.
·9· · · Q· ·So you were going to, I guess, go by the farm
10· ·and set this fire area up for him?
11· · · A· ·Yes, sir.
12· · · Q· ·So that he could go up there and use it?

13· · · A· ·Yes, sir.
14· · · Q· ·Had he used it in the past?
15· · · A· ·I mean, we might have together before, but I
16· ·don't know.
17· · · Q· ·Okay.
18· · · A· ·Definitely not by himself.
19· · · Q· ·That would have been, when I'm looking on the

20· ·page, July the 25th of 2015?· Can you see that on your
21· ·page?
22· · · A· ·No.
23· · · Q· ·Look at my copy there.
24· · · A· ·Yes, sir.
25· · · Q· ·Why don't you read out the Bates number at the

Page 75
·1· ·bottom, and see if it's the same page you're looking
·2· ·at, and see if you can verify that that's the date.
·3· · · A· ·Yes, sir, I do see that.
·4· · · Q· ·Okay.· Since that time, where were there any
·5· ·other occasions where he has sought, at least to your

·6· ·knowledge, to go up and use your farm?
·7· · · A· ·Oh, since then?
·8· · · Q· ·Since then, yes.
·9· · · A· ·I don't know.· Maybe.· I don't think so.
10· · · Q· ·Let's go over to page 1 -- 01091.· There is a
11· ·Bates number on the bottom.
12· · · A· ·Yes, sir.

13· · · Q· ·In the middle of the page it says, "How was
14· ·last night?"
15· · · · · He says, "So, so fun man.· She was really a
16· ·special girl."
17· · · · · You say, "Really?· Well, tell me about her."
18· · · · · He says, (as read):
19· · · · · "Well, it was not the Madison girl.

20· · · · · It was really an old friend named
21· · · · · Katrina who had been in Lithuania for

22· · · · · the recent past.· She has one of the
23· · · · · most unique personalities that I have
24· · · · · ever encountered, seconded only by
25· · · · · Kathryn Black."

Page 76
·1· · · · · Have I read that accurately.
·2· · · A· ·Yes, sir.
·3· · · Q· ·Now, the girl that he mentioned there, this
·4· ·Katrina, did you know her at all?
·5· · · A· ·No.· I don't think so.

·6· · · Q· ·Do you know if Madison at that time was dating
·7· ·her?
·8· · · A· ·I don't know.
·9· · · Q· ·Do you know Kathryn Black?
10· · · A· ·Kind of.· I know her sister better.
11· · · Q· ·Who is Kathryn Black?
12· · · A· ·She's a girl that lives in Ashville.

13· · · Q· ·Was it somebody that Madison used to date?
14· · · A· ·I know they have a past.· I don't know if they
15· ·dated, or if it was serious or something, but they
16· ·have history.
17· · · Q· ·Does she still live in North Carolina, as far
18· ·as you know?

20· · · Q· ·Have you had any contact with her since the
21· ·accident?
22· · · A· ·No, sir.
23· · · Q· ·Let me get you to look at page 01096.
24· · · · · Now, this -- of course, again, I don't know if
25· ·you can see the date, but down at the bottom see if

Page 77
·1· ·you can take a look at the bottom.· Look on my page
·2· ·and compare if this is -- you're looking at the right
·3· ·thing, and see if you can tell us what the date of
·4· ·that is.
·5· · · A· ·It's August 14, 2015.

·6· · · Q· ·Okay.· Which would have been after the lawsuit
·7· ·had been filed against you?
·8· · · A· ·Right.
·9· · · Q· ·Right?
10· · · A· ·Yes, sir.
11· · · Q· ·And if your deposition was given on -- well,
12· ·let's see -- April the 28th of 2015, it would have

13· ·been after your deposition had been given?
14· · · A· ·Yes, sir.
15· · · Q· ·And if Madison's deposition was given on 8/18
16· ·of 2015, it would have been about four days before his
17· ·deposition was given?
18· · · A· ·Okay.
19· · · Q· ·Look here with me just a minute.

20· · · · · You say, (as read):
21· · · · · "I used to care about you more than

22· · · · · anyone on earth.· I still care about
23· · · · · you more than anyone.· It absolutely
24· · · · · kills that we can't hang out without
25· · · · · the tension of this lawsuit, or at

Page 78
·1· · · · · least the way we used to.· I miss
·2· · · · · everything, man.· You still think that
·3· · · · · I lied about the accident?· Please
·4· · · · · talk to me about it, if you do."
·5· · · · · Have I read that accurately?

·6· · · A· ·Yes, sir.
·7· · · Q· ·So, had you had some conversation with him
·8· ·prior to that time where you and him had ever
·9· ·discussed the fact that he was claiming that you lied
10· ·in your deposition?
12· · · Q· ·And on the next page he starts out on a, looks

13· ·like a four-page discussion, and he says,(as read):
14· · · · · "I miss everything too man.· I miss my
15· · · · · life.· I miss having more friends and
16· · · · · things to do than he could count. I
17· · · · · miss having unlimited possibilities.
18· · · · · I miss my 18 Division 1 scholarships."

20· · · A· ·Yes, sir.
21· · · Q· ·Do you know if that is true or not, that he had

22· ·18 Division 1 scholarships?
23· · · A· ·I have no idea.
24· · · Q· ·He says, "I miss my acceptance letters to over
25· ·40 schools."

Page 79
·1· · · · · Do you know if that's true?
·2· · · A· ·I have no idea.
·3· · · Q· ·He says, "I miss my full ride scholarship to
·4· ·any state school in the country."
·5· · · · · Do you know whether that's true?

·6· · · A· ·I do not know.
·7· · · Q· ·And he goes on down the list here, and he says,
·8· ·"I miss the fact that I received the three highest
·9· ·honors any high school student in our nation can
10· ·receive."
11· · · · · Do you know what he's talking about there?
12· · · A· ·No, sir.

13· · · Q· ·Do you know what is the three highest honors
14· ·that any high school student in America can receive?
15· · · A· ·No, sir, I don't.
16· · · Q· ·Did he ever tell you what those were at any
17· ·time?
18· · · A· ·Maybe, but I don't remember.
19· · · Q· ·So then go over to page 01098.· Down at the

20· ·bottom you -- came up about, I don't know, a third of
21· ·the way up from the bottom.

22· · · · · He says, "So, no.· It's some petty lawsuit that
23· ·makes it difficult for me to see you.· It's the fact
24· ·that I see you."
25· · · · · Have he read that accurately?

Page 80
·1· · · · · MS. GEORGES:· I am going to object that is a
·2· ·mischaracterization.· That is a partial phrase from an
·3· ·entire sentence, and you're just choosing to read a
·4· ·few specific words prior to one comma.· The document
·5· ·speaks for itself.

·6· · · · · So, if you're going to ask him a question, I
·7· ·ask you read him the entire sentence, and then ask him
·8· ·a question based on that sentence, not just a few
·9· ·words.
10· · · · · MR. BURGE:· You'll get your chance to ask a
11· ·question.· You can ask it.

13· · · Q· ·Look over on the next page, 01099.· Are you
14· ·with me?
15· · · A· ·Yes, sir.
16· · · Q· ·He says, (as read):
17· · · · · "It would have taken less than two
18· · · · · seconds to shake me and have me awake
19· · · · · to take the wheel because your mind --

20· · · · · your body, mind, and willpower were
21· · · · · all too weak to succeed.· It's

22· · · · · something an average 16-year-old could
23· · · · · accomplish, which is as simple as not
24· · · · · wrecking."
25· · · · · Skip down a sentence and it says, "You

Page 81
·1· · · · · ruined my entire life, so it's hard
·2· · · · · for me to be around you and not have
·3· · · · · hate breed in my heart."
·4· · · · · Have I read that correctly?
·5· · · A· ·Yes, sir.

·6· · · Q· ·Now, the point of that I wanted to ask you
·7· ·this:· After this string of emails, was that the
·8· ·beginning of the end of ya'll's relationship?
·9· · · A· ·I wouldn't say the beginning.· I'd say -- I'd
10· ·say it started to dwindle down before that, otherwise
11· ·I wouldn't have never said what I said in 01096.
12· · · Q· ·Okay.· Other than in this text message here,

13· ·the things that he says to you in this text, has he
14· ·ever said those things to your face?
15· · · A· ·No, sir.
16· · · Q· ·Was there any other occasion, other than
17· ·this -- these -- this conversation that we've marked
18· ·as an exhibit here -- where Madison Cawthorn exhibited
19· ·that degree OF bitterness towards you?

21· · · · · THE WITNESS:· Not that I remember.

23· · · Q· ·Have either one of his parents ever exhibited
24· ·that degree of bitterness to your face?

Page 82
·1· · · · · THE WITNESS:· Not that I remember.
·3· · · Q· ·When was the last time that you saw or spoke or
·4· ·had any interaction at all with either one of his
·5· ·parents?
·6· · · A· ·His deposition.
·7· · · Q· ·What about his brother?· Have you had any
·8· ·interaction with his brother?
·9· · · A· ·No, sir.
10· · · Q· ·When was it that you first found out that
11· ·Madison Cawthorn was out to seek more than the amount
12· ·of your father's insurance coverage from either you or

13· ·your father's company?
15· · · · · THE WITNESS:· I don't know.
17· · · Q· ·You don't know?
18· · · A· ·No.
19· · · Q· ·I guess you understood that at some point?

20· · · A· ·Yeah.· I mean, I honestly was kind of confused
21· ·about the whole thing.

22· · · · · I mean, all I know is that at the beginning
23· ·they said that they were suing me and my dad's
24· ·company, and that they didn't want to hurt me, and I
25· ·had never really believed them.

Page 83
·1· · · Q· ·Let me show you what we'll mark as Exhibit 6.

·6· · · Q· ·Bradley, if you would, take a look at what we
·7· ·marked as Exhibit No. 6 to your deposition.
·8· · · · · MS. GEORGES:· For the record, it's Bates
·9· ·stamped as CAO-00933 through 941, and CAO 1052.
11· · · Q· ·Do you recognize this document, Bradley?
12· · · A· ·Yes, sir.

13· · · Q· ·What is your understanding as to what this is?
14· · · A· ·The Settlement Agreement.
15· · · Q· ·All right.· The style of the document is called
16· ·"Settlement and Assignment Agreement"?
17· · · A· ·Yes, sir.
18· · · Q· ·And do you remember going over this agreement
19· ·back at the time it was executed?

20· · · A· ·Yes, sir.
21· · · Q· ·And at any time -- let me ask you this.

22· · · · · When was it that you first found out or had any
23· ·knowledge that the underlying lawsuit was going to be
24· ·resolved in the fashion that it ended up being
25· ·resolved?

Page 84
·1· · · A· ·Not too long ago.
·2· · · · · MR. CALLAHAN:· Let me caution you, a lot of
·3· ·this obviously occurred in communications between you
·4· ·and me.
·5· · · · · THE WITNESS:· Right.

·6· · · · · MR. CALLAHAN:· So if you can tell him generally
·7· ·without divulging what you told me, or I told you,
·8· ·that would be helpful.
10· · · Q· ·I don't want you to tell me anything he told
11· ·you.· I'm just trying to get a sense when it was.· We
12· ·look at this when you executed the agreement, which

13· ·looks like you signed it on September the 29th of
14· ·2016.
15· · · A· ·Right.
16· · · Q· ·Maybe the time frame will help you.· I think
17· ·the mediation occurred about a month before that in
18· ·May of '16, if that gives you any time frame.
19· · · · · MR. CALLAHAN:· Quite a bit more than a month, I

20· ·think.

22· · · Q· ·So, the question is, do you have any idea of
23· ·about when you found out that the case was going to be
24· ·resolved and the fashion in which it was resolved?
25· · · A· ·Probably around the same time I saw this

Page 85
·1· ·agreement for the first time, or talked about it.
·2· · · Q· ·Do you know how long that was before you
·3· ·executed it?
·4· · · A· ·No, I don't.· I don't know.
·5· · · Q· ·Now, in this agreement here that you signed, do

·6· ·you understand that this agreement was that -- this
·7· ·was executed specifically between you and
·8· ·Madison Cawthorn?
·9· · · A· ·Yes, sir.
10· · · Q· ·And did you understand that, in conjunction
11· ·with this, maybe just before or slightly after, that
12· ·there was a release that was signed by

13· ·Madison Cawthorn releasing your dad's company from the
14· ·lawsuit in exchange for accepting the insurance policy
15· ·limits of $3 million from Auto-Owners?
16· · · A· ·Yes, sir.
17· · · Q· ·You understood that?
18· · · A· ·Yes, sir.
19· · · Q· ·And then this agreement that you signed, which

20· ·is Exhibit No. 6, is where there is being a judgment
21· ·taken against you for $30 million?

22· · · A· ·Yes, sir.
23· · · Q· ·Is that right?
24· · · A· ·Yes, sir.
25· · · Q· ·At any time did you have any discussions with

Page 86
·1· ·your father about why this case was being settled on
·2· ·behalf of RV Ledford for the $3 million of Auto-Owners
·3· ·insurance money, and was not being settled as to you?
·4· · · A· ·No, sir.

·7· · · Q· ·Never discussed that with him at all?
·8· · · A· ·Not that I remember, no.
·9· · · Q· ·Did you have any concerns about the fact that
10· ·your dad's company was being let out of the case in
11· ·exchange for payment of the $3 million of insurance
12· ·coverage, and that you were being asked to do a

13· ·$30 million consent judgment?
14· · · A· ·I just trusted my attorneys, so I guess, but
15· ·not really.
16· · · Q· ·Who came up with the $30 million figure?
17· · · A· ·I guess it was --
18· · · · · MS. GEORGES:· I am going to object if you know.
19· ·Do not speculate.

20· · · · · MR. BURGE:· She's not your lawyer.
21· · · · · You can answer the question.

22· · · · · THE WITNESS:· Between Madison's attorneys and
23· ·my attorneys.· I'm assuming the court went back and
24· ·forth.

Page 87
·1· · · Q· ·To the best of your knowledge?
·2· · · A· ·To my knowledge, yes, sir.
·3· · · Q· ·Did you have any input into it?
·4· · · A· ·No, sir.· I left it to my attorneys.
·5· · · Q· ·So would you have been fine if the number had
·6· ·been 40 million?
·8· · · · · THE WITNESS:· No, sir, I'd want it to be as low
·9· ·as possible.
11· · · Q· ·And why is that?
12· · · A· ·Because it's a judgment against myself.

13· · · Q· ·You understood in this agreement, though, that
14· ·it was never going to be recorded, right?
15· · · A· ·Yes, sir.
16· · · Q· ·And that's away you were told, right?
17· · · A· ·Yes, sir.
18· · · Q· ·And you understood that if you --
19· · · · · MR. CALLAHAN:· Excuse me just a minute.· You're

20· ·wandering over into attorney-client privilege. I
21· ·don't want to restrict his answer.

22· · · · · MR. BURGE:· Hopefully he understands.
23· · · · · MR. CALLAHAN:· You say, "That is what you were
24· ·told?"
25· · · · · MR. BURGE:· Let me pull that back.· I'm ask it

Page 88
·1· ·this way.
·3· · · Q· ·Certainly when you, before you signed this
·4· ·agreement, you read the agreement?
·5· · · A· ·Yes, sir.

·6· · · Q· ·And you understood from the agreement that the
·7· ·agreement was not going to ever be recorded against
·8· ·questions you, right?
·9· · · A· ·Right.
10· · · Q· ·And it was never going to be executed against
11· ·you, right?
12· · · A· ·Right.
13· · · Q· ·And that at the end of the day, regardless of
14· ·whatever happened in this lawsuit, that
15· ·Madison Cawthorn against Auto-Owners, they were going
16· ·to give you a full satisfaction at the end of that
17· ·suit?
19· · · · · THE WITNESS:· Right.

21· · · Q· ·So you saw that when you read it, right?
22· · · A· ·Yes, sir.
23· · · Q· ·So you knew you were never going to have to pay
24· ·a dime in this case?

Page 89
·1· · · · · THE WITNESS:· Yes, sir.
·3· · · Q· ·Now, if you look on page 3 of 9 of the
·4· ·agreement up there under Roman -- not Roman Numeral,
·5· ·it's, three little i's.· Do you see that?

·6· · · A· ·Yes, sir.
·7· · · Q· ·It talks about, "Defendants will cooperate
·8· ·fully with plaintiff and his counsel in the pursuit of
·9· ·any action against Auto-Owners brought under Paragraph
10· ·A1(a) above."
11· · · · · Have I read that correctly?
12· · · A· ·Yes.
13· · · Q· ·Now, what is your understanding of your
14· ·obligation under the agreement to cooperate with
15· ·Madison Cawthorn against Auto-Owners?
17· · · · · THE WITNESS:· To come here and answer questions
18· ·for you, and that kind of stuff.

20· · · Q· ·But one thing is you weren't going -- you
21· ·certainly know you weren't going to be telling

22· ·anything that wasn't true?
23· · · A· ·That's right.
24· · · Q· ·In your cooperation, right?
25· · · A· ·That's right.

Page 90
·1· · · Q· ·And you would have made that well aware to
·2· ·everyone at the time it was executed, right?
·3· · · A· ·Right.
·4· · · Q· ·And have you been asked to do anything other
·5· ·than to appear for this deposition here in California?

·6· · · A· ·Not that I know of.
·7· · · Q· ·Now, the insurance policy that
·8· ·Madison Cawthorn's suing Auto-Owners in regard to, did
·9· ·you ever review the insurance policy of Auto-Owners
10· ·that insured you?
11· · · A· ·No, I don't think so.
12· · · Q· ·Did you ever -- at the time that you signed

13· ·this agreement, did you ever either evaluate and
14· ·review the policy of insurance in conjunction with the
15· ·provisions in this agreement?
16· · · A· ·Not that I remember, huh-uh.
17· · · Q· ·Did you have any discussions with your father
18· ·about the contents of this agreement?
19· · · A· ·Not that I specifically remember.

20· · · Q· ·And you understood, or did you understand that
21· ·after the $3 million was to be paid to

22· ·Madison Cawthorn from the insurance policy at
23· ·Auto-Owners, that Auto-Owners was willing and able to
24· ·continue to defend you in the underlying lawsuit?
25· · · A· ·I understood that, uh-huh.

Page 91
·1· · · Q· ·And you understood that you certainly could
·2· ·have gone forward with the case, and could have tried
·3· ·the case to a jury?
·4· · · A· ·It's a possibility, yeah.
·5· · · Q· ·And that if you had lost, that there might have
·6· ·been a judgment on Bradley Cawthorn's behalf, against
·7· ·you, right?
·8· · · A· ·Right.
·9· · · Q· ·But if you had done that there was no guarantee
10· ·that you would never to have pay a dime as there was
11· ·in signing this agreement, right?

13· · · · · THE WITNESS:· Yes, true.
15· · · Q· ·What about Jeannie?· I know that her deposition
16· ·was taken in the underlying case and this case, and I
17· ·know that she has testified that she handled some of
18· ·the insurance matters on behalf of the company. I
19· ·preface that with a question.

20· · · · · Did you ever have any discussions with her
21· ·about the insurance policy or any of the provisions in

22· ·it?
23· · · A· ·No, sir.
24· · · Q· ·Did you have any current knowledge now as to
25· ·Madison's current medical condition?

Page 92
·1· · · A· ·I know that he just recently had surgery.
·2· · · Q· ·Do you know what kind of surgery he had?
·3· · · A· ·I don't know what kind of surgery it what, but
·4· ·I heard that it went well, and whatever it was it
·5· ·helped him sleep better, and that kind of stuff, so --

·6· · · Q· ·Do you know the lawyer Larry Flynn that is in,
·7· ·South Carolina, that your father has testified is his
·8· ·lawyer up there?
·9· · · A· ·No, sir, I don't know him.
10· · · Q· ·You don't know who he is?
11· · · A· ·Nope.
12· · · Q· ·Do you have any knowledge at all about your

13· ·dad's communication with him shortly before this
14· ·event, shortly after this wreck happened?
15· · · A· ·No.
16· · · Q· ·Your dad has testified in this case that the
17· ·way he saw this settlement going down was he said that
18· ·Joe Callback was calling the shots on this settlement,
19· ·is how he saw it.

20· · · · · Is that the way you saw it?

22· · · · · THE WITNESS:· I don't know if I'd say that. I
23· ·don't know what I'd say, so I don't know.
25· · · Q· ·You don't know how you'd characterize it?

Page 93
·1· · · A· ·No, sir.
·2· · · Q· ·When Madison was at Shepherds, do you remember
·3· ·roughly when it was that you would have been down
·4· ·there at Shepherds with him?
·5· · · A· ·I went down there quite a few times, so I don't

·6· ·know.
·7· · · Q· ·Were you there when he first got there, which I
·8· ·think was around May the 8th or the 9th?
·9· · · A· ·Like the first day he got there.
10· · · · · I don't think I was there the first day he got
11· ·there, but I came down shortly after.
12· · · Q· ·Okay.· And did you come and go several times

13· ·while he was there at Shepherds?
14· · · A· ·Yes, sir.
15· · · Q· ·Did you happen to be there when Mr. Callback
16· ·was there meeting with him?
17· · · A· ·No, sir.
18· · · Q· ·Did you know that he had met Mr. Callback there
19· ·at Shepherds?

20· · · A· ·No, sir.
21· · · Q· ·I think I know the answer to this, but

22· ·Madison Cawthorn, or his dad, either one, did they
23· ·ever tell you that they had hired Joe Callback to
24· ·represent them?
25· · · A· ·No, sir.

Page 94
·1· · · Q· ·All right.· Why don't we go off the record and
·2· ·I think I'm about through.· Let me take a look at a
·3· ·couple things.
·4· · · · · MR. CALLAHAN:· Sure.
·5· · · · · THE VIDEO OPERATOR:· Off the record.· The time

·6· ·is 11:12 a.m.
·7· · · · · (Recess taken.)
·8· · · · · THE VIDEO OPERATOR:· Back on the record.· The
·9· ·time is 11:20 a.m.
11· · · Q· ·Bradley, couple questions at least, and I'll be
12· ·through with my questions.

13· · · · · First one is, outside of the $3 million that
14· ·was paid by Auto-Owners to Madison Cawthorn, do you
15· ·know how much additional money he received as part of
16· ·the entire settlement?
17· · · A· ·No.
18· · · Q· ·You've never heard what he received from any
19· ·source?
20· · · A· ·No.
21· · · Q· ·There was an umbrella policy that your dad

22· ·purchased that had only been in force for less than
23· ·ten days that paid an additional $2 million to Bradley
24· ·Cawthorn?
25· · · · · Do you know of any information about when that

Page 95
·1· ·umbrella coverage was purchased, or know anything
·2· ·about the circumstances of it being purchased?
·3· · · A· ·No, no, sir.
·4· · · Q· ·Did you even know that fact?
·5· · · A· ·No, sir.

·6· · · Q· ·And you have the right to read and sign this
·7· ·deposition, but you can waive that right.· We trust
·8· ·the court reporter.
·9· · · A· ·Okay.
10· · · Q· ·So you can let us know if you want to waive it
11· ·or if you want to read and sign.
12· · · A· ·I'll waive it.

13· · · · · MR. BURGE:· Thank you.· And have you understood
14· ·my questions today?
15· · · · · THE WITNESS:· Yes, sir.
16· · · · · MR. BURGE:· Okay.· Thank you for being here.
17· ·That's all I have.
18· · · · · MS. GEORGES:· And I just have a few questions.
19· · · · · THE WITNESS:· Okay.

20
21· · · · · · · · · · · · ·EXAMINATION
22
23· ·BY MS. GEORGES:
24· · · Q· ·Good morning, Brad.
25· · · · · Now, in the underlying lawsuit, didn't Jamie

Page 96
·1· ·Moses represent you?
·2· · · A· ·Yes, ma'am.
·3· · · Q· ·And Michael Ward represented your father's
·4· ·company, correct?
·5· · · A· ·Yes, ma'am.

·6· · · Q· ·And in addition to having Miss Moses as your
·7· ·counsel, you also had Mr. Callahan, who is sitting to
·8· ·your left, correct?
·9· · · A· ·Yes.
10· · · Q· ·So you had two attorneys representing you in
11· ·the underlying lawsuit?
12· · · A· ·Yes.
13· · · · · MS. GEORGES:· I don't have anything else,
14· ·Mr. Burge.
15· · · · · MR. BURGE:· Thank you.
16· · · · · Bradley, thank you very much.
17· · · · · THE VIDEO OPERATOR:· Off the record?· Yeah?
18· · · · · This concludes the deposition of Bradley
19· ·Ledford on August 10, 2017, which consists of two

20· ·media files.· The original media files will be
21· ·retained by Hutchings Litigation Services.

22· · · · · Off the video record.· The time is 11:22 a.m.
23· · · · · THE REPORTER:· Do you need a certified copy?
24· · · · · MS. GEORGES:· I do.
25· · · · · MR. CALLAHAN:· I don't.· I do not need a copy.

Page 97
·1· · · · · I, the undersigned, a Certified Shorthand
·2· ·Reporter of the State of California, do hereby
·3· ·certify:
·4· · · · · That the foregoing proceedings were taken
·5· ·before me at the time and place herein set forth; that
·6· ·any witnesses in the foregoing proceedings, prior to
·7· ·testifying, were placed under oath; that a verbatim
·8· ·record of the proceedings was made by me using machine
·9· ·shorthand which was thereafter transcribed under my
10· ·direction; that the foregoing transcript is a true
11· ·record of the testimony given.
12· · · · · Further, I certify that I am neither

13· ·financially interested in the action nor a relative or
14· ·employee of any attorney of any of the parties.
15· · · · · Further, that if the foregoing pertains to the
16· ·original transcript of a deposition in a Federal case,
17· ·before completion of the proceedings review of the
18· ·transcript ( X) was (· ) was not requested.
19· · · · · IN WITNESS WHEREOF, I have this date subscribed

20· ·my name.
21
22· ·Dated: 17th of August, 2017
23· ·________________________________________________
24· · · · · · SHERRY A. CASE
25· · · · · · RPR, CLR, CSR No. 2989

Page 98

Page 99


2017 Bradley Ledford Deposition 11-09-2017 Cawthorn V Auto-Owners Insurance Company

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Case 6:16-cv-02240-JA-GJK Document 65 Filed 11/09/17 Page 1 of 101 PageID 5396

UNITED STATES DISTRICT COURT

DAVID MADISON CAWTHORN, )

DEFENDANT'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF BRADLEY

Defendant, AUTO-OWNERS INSURANCE COMPANY (“Auto-Owners”), by and

William A. Bonner, Esquire Stephen A. Marino, Jr., Esquire

/s/ Peter C. Vilmos

Peter C. Vilmos (Florida Bar # 75061)

Forrest S. Latta (admitted pro hac vice)

Attorneys for Defendant

·1· · · · · · · ·UNITED STATES DISTRICT COURT

BRADLEY LEDFORD - 08/10/2017

19· ·Avenue, Suite 350, Santa Ana, California, beginning at

21· ·August 10, 2017 before SHERRY A. CASE, Certified

Litigation Services· |· 800-330-1112

BRADLEY LEDFORD - 08/10/2017

·5· · · · · · · COLSON HICK EIDSON

Litigation Services· |· 800-330-1112

BRADLEY LEDFORD - 08/10/2017

·5· · · · · · · 420 North Twentieth Street

12· ·VIDEOGRAPHER:· KRISTY PITTMAN

Litigation Services· |· 800-330-1112

BRADLEY LEDFORD - 08/10/2017

·4· ·WITNESS:· · BRADLEY LEDFORD

·9· ·BY MR. BURGE· · · · · · · · · · · · · · · · · · ·8

10· ·BY MS. GEORGES· · · · · · · · · · · · · · · · · 95

15· ·EXHIBIT· · · · · · · DESCRIPTION· · · · · · · ·PAGE

17· ·Exhibit 1· · · Notice of Deposition· · · · · · ·54

19· ·Exhibit 2· · · Text messages· · · · · · · · · · 54

21· ·Exhibit 3· · · Document Bates stamped· · · · · ·61

22· · · · · · · · · Cawthorn-AO 00001

24· ·Exhibit 5· · · Document Bates stamped· · · · · ·70

25· · · · · · · · · Cawthorn-AO 00088

Litigation Services· |· 800-330-1112

BRADLEY LEDFORD - 08/10/2017

Litigation Services· |· 800-330-1112

BRADLEY LEDFORD - 08/10/2017

19· · · · · Would all present please identify themselves,

21· · · · · THE WITNESS:· Bradley Ledford.

Litigation Services· |· 800-330-1112

BRADLEY LEDFORD - 08/10/2017

·5· · · · · THE COURT REPORTER:· Please raise your right

12· · · · · · · · · · · BRADLEY LEDFORD,

19· ·BY MR. BURGE:

21· · · A· ·Bradley David Ledford.

Litigation Services· |· 800-330-1112

BRADLEY LEDFORD - 08/10/2017

·5· · · A· ·Yes, sir.

12· ·answer, I'll do my best to let you finish your answer

19· · · A· ·All right.· Yes, sir.

21· ·you don't understand, please tell me and I'll try to

Litigation Services· |· 800-330-1112

BRADLEY LEDFORD - 08/10/2017

·5· · · A· ·Yes, sir.

12· · · Q· ·Your first semester was spring of --

19· · · A· ·It's in Lynchburg, Virginia.

21· · · A· ·A number of reasons; one being football, and

Litigation Services· |· 800-330-1112

BRADLEY LEDFORD - 08/10/2017

·5· · · A· ·I'm a linebacker.

12· ·reviewed -- if anything -- in preparation to give the

19· · · A· ·Yes, sir.· I briefly looked at it.· I didn't go