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26 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />li <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />of boating courses in general? <br />A Yes. <br />Q Do you recall testifying in a deposition in the Vail <br />and Breckenridge cases on March 12 of 2002: "I don't have any <br />expertise with regard to construction of whitewater courses"? <br />A Yes. <br />Q Do you remember from that same deposition testifying <br />that: "I don't know that I have expertise with regard to <br />whether or not structures are operating efficiently"? <br />A Yes. <br />Q And you confirmed that in saying yes in answer to the <br />question: "In fact, you have no expertise to determine <br />whether or not a course structure operates efficiently"? <br />A Yes. <br />Q And, in that same deposition, you testified you don't <br />believe you have any expertise as to what amount is reasonable <br />for recreation experience? <br />A I may have testified to that. <br />Q Would you like to review the deposition to refresh <br />your recollection? <br />A Sure. <br />Q I'm handing you a copy. This has not been marked as <br />an exhibit in our case, it's a photocopy of the deposition of <br />Ted Kowalski dated March 12, 2002, District Court, Water <br />Division 5, Case No. 00259 and OOCW0281. Do you recall that