Harold Larsen, MD
4 HAROLD LARSEN,
5 CALLED BY THE PLAINTIFF, HAVING BEEN DULY
6 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
7 DIRECT EXAMINATION
8 BY MR. WILSON:
9 Q. MR. LARSEN, WOULD YOU STATE YOUR FULL NAME, PLEASE?
10 A. HAROLD J. LARSEN.
11 Q. WHAT CITY DO YOU RESIDE IN PRESENTLY?
12 A. BRIGHAM CITY, UTAH.
13 Q. AND YOU ARE HOW OLD, SIR?
14 A. SEVENTY-NINE.
15 Q. YOU ARE THE SON OF JUDITH LARSEN?
16 A. YES, SIR.
17 Q. OKAY. HOW MANY BROTHERS AND SISTERS DO YOU HAVE, SIR?
18 A. THERE IS THREE SISTERS AND THREE REMAINING BROTHERS.
19 ONE OF THE BROTHERS PASSED AWAY.
20 Q. ONE BROTHER PASSED AWAY. AND I WANT YOU TO, IF YOU
21 WOULD, PLEASE FOCUS YOUR ATTENTION BACK TO THE EARLY PART OF
22 1995, JANUARY OF 1995. DID YOU HAVE OCCASION, SIR, TO --
23 WELL, STRIKE THAT. LET ME JUST ASK YOU A COUPLE OF
24 QUESTIONS PRELIMINARILY TO THAT. CAN YOU TELL THE COURT,
25 WHERE DID YOUR MOTHER RESIDE IN THE LATTER PART OF 1994,
1851
1 EARLY PART OF 1995?
2 A. 2484 SOUTH 700 EAST IN SALT LAKE CITY.
3 Q. OKAY. DID SHE RESIDE THERE ALONE AT THAT TIME?
4 A. SHE LIVED THERE FOR MANY YEARS BY HERSELF.
5 Q. OKAY. I ASSUME YOUR FATHER HAS PASSED AWAY?
6 A. OUR FATHER DIED IN 1970.
7 Q. OKAY. SO YOUR MOTHER WAS A WIDOW FOR SOME PERIOD OF
8 TIME?
9 A. TWENTY-SIX YEARS.
10 Q. AT THAT TIME WHEN SHE WAS LIVING ALONE, COULD YOU
11 DESCRIBE FOR THE JURY, IF YOU WOULD, PLEASE, WHAT HER
12 GENERAL HEALTH WAS LIKE, BOTH MENTALLY AND PHYSICALLY AT
13 THAT TIME?
14 A. WELL, OUR MOTHER WAS ALMOST 94 YEARS OF AGE WHEN SHE
15 PASSED AWAY. AND UNTIL SHE WAS 93 SHE WAS -- IT WAS AMAZING
16 TO HER FAMILY AND HER FRIENDS AND EVERYBODY THAT KNEW HER
17 HOW WELL SHE GOT ALONG BY HERSELF. SHE DID EVERYTHING FOR
18 HERSELF. SHE'D GET ON THE BUS ON ONE OF THE CORNERS THERE
19 IN THE NEIGHBORHOOD WHERE SHE LIVED AND SHE WOULD GO INTO
20 TOWN AND SPEND THE DAY SHOPPING IN Z.C.M.I. OR WHEREVER SHE
21 WANTED TO GO. THREE OR FOUR O'CLOCK IN THE AFTERNOON SHE
22 KNEW EXACTLY THE BUS TO PICK UP AND TAKE HER RIGHT BACK TO
23 THE NEIGHBORHOOD WHERE SHE GOT ON THE BUS.
24 Q. DID THERE COME A TIME IN JANUARY OF 1995 WHEN SHE WAS
25 HOSPITALIZED?
1852
1 A. MY BROTHER, ORVILLE, AND I THAT WERE THE TWO OLDEST
2 ONES, WE CAME TO SALT LAKE CITY TO SPEND THE DAY WITH OUR
3 MOTHER AND TAKE HER OUT TO DINNER. AND WE TOOK HER TO A
4 RESTAURANT IN THE NEIGHBORHOOD WHERE SHE LIVED. I THINK IT
5 WAS ON THIRD SOUTH AND 700 EAST. AND WE SPENT AN HOUR OR SO
6 HAVING DINNER. AND WHEN WE CAME OUT OF THE RESTAURANT, SHE
7 WAS CONFUSED AS TO WHERE SHE WAS. SHE DIDN'T RECOGNIZE
8 WHERE SHE WAS OR WHERE SHE HAD BEEN.
9 Q. I WOULD IMAGINE THAT CONCERNED YOU AT THAT TIME?
10 A. WE COULDN'T -- WE COULDN'T IMAGINE THAT. ANYWAY, WE GOT
11 INTO MY CAR, AND WE WENT WEST ON THIRD SOUTH TOWARDS STATE
12 STREET. AND SHE KEPT TELLING US, SHE SAYS, WHERE ARE WE.
13 WHERE AM I. I DON'T -- I DON'T REALIZE WHERE I'M AT.
14 Q. DID YOU RETURN HER HOME THAT NIGHT?
15 A. YES, THAT AFTERNOON. AND WE CALLED MY BROTHER MERLIN.
16 Q. NOW, MERLIN -- DID MERLIN LIVE CLOSE BY?
17 A. WITHIN A MILE OF WHERE MY -- WHERE OUR MOTHER LIVED.
18 Q. OKAY. SO WAS MERLIN -- DID HE OFFICIALLY ACT AS SORT OF
19 THE CARETAKER OR PERSONAL REPRESENTATIVE FOR YOUR MOTHER?
20 A. OUR BROTHER MERLIN WAS INVOLVED IN ALL OF -- ALL OF THE
21 SITUATIONS THAT MOM GOT INTO AFTER SHE GOT SICK.
22 Q. OKAY. DID MERLIN ADVISE YOU IN JANUARY THAT YOUR MOTHER
23 HAD BEEN HOSPITALIZED?
24 A. TWO DAYS AFTER SHE'D BEEN IN SALT LAKE SHE WAS
25 HOSPITALIZED.
1853
1 Q. AND DID YOU HAVE OCCASION TO SEE YOUR MOTHER IN THE
2 HOSPITAL?
3 A. MANY TIMES.
4 Q. OKAY. THIS WAS THE HOSPITAL --
5 A. NOT THE FIRST HOSPITAL. THE FIRST TIME WE VISITED MOM
6 AFTER SHE HAD BEEN HOSPITALIZED WAS IN THE NURSING HOME ON
7 700 EAST.
8 Q. OKAY. SO SHE WENT TO THE HOSPITAL AND THEN SHE WAS
9 SUBSEQUENTLY TRANSFERRED TO THE NURSING HOME?
10 A. IN A FEW DAYS. IT WAS PROBABLY FIVE OR SIX DAYS THAT
11 SHE WAS IN THE HOSPITAL.
12 Q. WHAT DIFFERENCES DID YOU NOTE ABOUT HER SUBSEQUENT TO
13 THAT STROKE AND THAT HOSPITALIZATION?
14 A. WELL, IN THE NURSING HOME ON 700 EAST AND AROUND 4000
15 SOUTH. I DON'T KNOW EXACTLY. I DON'T EVEN RECALL THE NAME
16 OF THE HOSPITAL. IT WAS WESTWOOD OR -- WESTWOOD HOME OF
17 SOME KIND. SHE COULDN'T UNDERSTAND WHY SHE WAS THERE. SHE
18 SAYS, WHY AM I HERE. WHY CAN'T I BE HOME AND TAKE CARE OF
19 MYSELF.
20 Q. WAS SHE AMBULATORY AT THAT TIME? COULD SHE WALK?
21 A. OH, YES.
22 Q. AND SHE UNDERSTOOD WHO YOU WERE?
23 A. SHE KNEW ALL OF HER CHILDREN.
24 Q. OKAY. SO SHE WAS AT LEAST COHERENT FROM THE STANDPOINT
25 SHE COULD REASON AND UNDERSTAND?
1854
1 A. SHE COULDN'T REMEMBER WHAT HAPPENED THE DAY BEFORE, BUT
2 SHE REMEMBERED THINGS THAT HAPPENED 75 YEARS AGO.
3 Q. SO AS TO HER RECENT MEMORY, YOU NOTICED THAT SHE WASN'T
4 REMEMBERING?
5 A. THAT WAS THE DIAGNOSIS OF THE DOCTORS, THAT HER PRESENT
6 MEMORY HAD BEEN AFFECTED BY THE STROKE.
7 Q. SHE WAS SUBSEQUENTLY MOVED TO A SALT LAKE HOME, AS I
8 RECALL?
9 A. SHE WAS IN THE NURSING HOME ON 700 EAST FOR ONE MONTH
10 AND THEN OUR BROTHER MERLIN GOT HER ADMITTED TO THE SALT
11 LAKE HOME, WHICH IS AN ASSISTED LIVING TYPE FACILITY.
12 Q. AND DID YOU CONTINUE TO VISIT WITH HER AT THAT
13 PARTICULAR FACILITY?
14 A. MANY, MANY TIMES.
15 Q. OKAY. AND DID SHE SEEM TO -- WHAT WAS HER PHYSICAL
16 CONDITION LIKE WHILE SHE WAS IN THAT FACILITY?
17 A. THE FIRST MONTH SHE WAS THERE SHE DIDN'T LIKE IT. SHE
18 WANTED TO GO HOME AND SHE ALWAYS WANTED TO GO HOME. BUT
19 THIS PLACE WAS A VERY NICE PLACE. THE PEOPLE THERE WERE
20 PHYSICALLY DISABLED IN SOME RESPECTS, BUT THEY COULD DO A
21 LOT -- DO A LOT OF THINGS FOR THEMSELVES.
22 Q. I ASSUME SHE ACCOMMODATED TO THAT FACILITY?
23 A. WITHIN ABOUT A MONTH SHE QUITE ENJOYED IT.
24 Q. OKAY. DID THERE COME A TIME IN AUGUST OF 1995 THAT SHE
25 SUFFERED OR HAD ANOTHER INCIDENT WHERE SHE DETERIORATED IN
1855
1 HER CONDITION?
2 A. WELL, OUR BROTHER MERLIN TOLD US THAT MOM HAD SUFFERED
3 ANOTHER STROKE AND IT NECESSITATED HER BEING MOVED FROM THE
4 SALT LAKE HOME BECAUSE THEY WEREN'T IN A POSITION TO TAKE
5 CARE OF PEOPLE THAT COULDN'T LOOK OUT FOR THEMSELVES TO SOME
6 DEGREE.
7 Q. SO SHE MOVED INTO A NEW FACILITY AT THAT TIME?
8 A. SHE WAS TRANSFERRED TO A NURSING HOME UP ON HOLLADAY
9 DRIVE.
10 Q. OKAY. NOW, WHAT, IF ANYTHING, DID YOU NOTE AFTER SHE
11 WAS PUT INTO THAT FACILITY ABOUT HER PHYSICAL STATE OF
12 WELL-BEING?
13 A. WELL, SHE STILL WANTED TO GO HOME, BUT WE TRIED TO
14 IMPRESS ON HER THE FACT THAT SHE COULDN'T TAKE CARE OF
15 HERSELF. THAT SOMEONE HAD TO BE WITH HER ALMOST 24 HOURS A
16 DAY.
17 Q. LET ME ASK YOU SOME SPECIFIC QUESTIONS. COULD SHE WALK?
18 A. NOT VERY WELL.
19 Q. OKAY. SO WAS SHE IN A WHEELCHAIR DURING THIS TIME
20 PERIOD?
21 A. SHE WAS IN A WHEELCHAIR MOST OF THE TIME THAT WE
22 VISITED; AND SOMETIMES SHE WAS IN BED ASLEEP.
23 Q. OKAY. DID SHE -- COULD SHE RECOGNIZE YOU?
24 A. OH, YES.
25 Q. SHE HAD NO PROBLEM WITH HER MEMORY OF YOU AND THE REST
1856
1 OF THE FAMILY?
2 A. ON MANY OCCASIONS SHE WOULD BREAK DOWN AND CRY.
3 Q. THERE CAME A TIME, HAROLD, THAT SHE WAS TRANSFERRED TO
4 THE GEROPSYCH UNIT AT THE DAVIS HOSPITAL. DO YOU REMEMBER
5 APPROXIMATELY WHEN THAT TOOK PLACE?
6 A. WE VISITED MOM THE FIRST TIME ON JANUARY THE 8TH, OR
7 DECEMBER THE 8TH, RATHER, 1995.
8 Q. AND WHEN YOU SAY "WE" WHO IS "WE"?
9 A. MY WIFE AND I.
10 Q. SO YOU VISITED HER AT THE DAVIS HOSPITAL?
11 A. YES.
12 Q. DID ANYBODY ELSE GO WITH YOU AT THAT TIME?
13 A. NOT ON THAT PARTICULAR OCCASION, NO.
14 Q. CAN YOU DESCRIBE FOR US HOW YOUR MOTHER APPEARED
15 PHYSICALLY AND MENTALLY ON THAT PARTICULAR VISIT?
16 A. SHE WAS SITTING IN A WHEELCHAIR IN THE HALLWAY AS WE
17 CAME IN AND SHE RECOGNIZED US IMMEDIATELY. AND SHE STARTED
18 TO CRY. AND WE NOTICED HOW HER HEALTH HAD DETERIORATED.
19 SHE WAS MUCH QUIETER THAN SHE WAS WHEN SHE WAS IN THE -- IN
20 THE FACILITY UP ON HOLLADAY DRIVE.
21 Q. WHAT DID YOU UNDERSTAND THE REASON FOR HER TRANSFER TO
22 THE GEROPSYCH UNIT TO BE?
23 A. WELL, OUR BROTHER MERLIN WAS THE ONE RESPONSIBLE FOR HER
24 BEING TRANSFERRED THERE. AND THEY ASSURED HIM THAT THEY
25 COULD DO SOMETHING FOR PEOPLE WITH DEMENTIA AND THAT'S WHAT
1857
1 OUR MOTHER WAS SUFFERING FROM.
2 Q. BY DO SOMETHING, WHAT DID YOU UNDERSTAND THEY WERE GOING
3 TO DO?
4 A. MAKE HER MORE MANAGEABLE, LESS BOISTEROUS THAN SHE WAS.
5 SHE STILL WANTED TO GO HOME EVEN AT THIS TIME AND STAGE OF
6 HER SICKNESS.
7 Q. DID YOU CONTINUE TO VISIT WITH HER AT THE HOSPITAL?
8 A. WE VISITED MOM FOUR TIMES IN THE DAVIS HOSPITAL.
9 Q. NOW, DO YOU RECALL HOW LONG SHE WAS HOSPITALIZED BEFORE
10 HER DEATH?
11 A. LESS THAN A MONTH. I WOULD SAY ABOUT THREE WEEKS.
12 Q. OKAY. AND IN THAT TIME PERIOD DO YOU RECALL DISTINCTLY
13 FOUR VISITS?
14 A. YES. I'VE GOT THEM WRITTEN DOWN.
15 Q. OKAY.
16 A. THE DATES.
17 Q. DO YOU?
18 A. MY WIFE KEPT A VERY SUBSTANTIAL JOURNAL AND I REFERRED
19 TO THAT JOURNAL WHEN -- WHEN I WAS TOLD THAT THERE WAS A
20 POSSIBILITY OF ME BEING A WITNESS.
21 Q. NOW, YOU'VE TESTIFIED AS TO THE INITIAL VISIT HAVING
22 TAKEN PLACE ON THE 8TH OF DECEMBER. DO YOU KNOW WHEN
23 APPROXIMATELY THE SECOND VISIT TOOK PLACE?
24 A. THE NEXT VISIT WE MADE WAS SOMETIME PROBABLY A WEEK OR
25 TEN DAYS LATER.
1858
1 Q. SO THIS WOULD PUT IT MAYBE TO THE MIDDLE PART OF THE
2 MONTH OF DECEMBER?
3 A. I WOULD SAY AROUND THE 19TH OR 20TH OF DECEMBER.
4 Q. OKAY. AND THEN YOU HAD ANOTHER VISIT YOU INDICATED?
5 A. ON THE 31ST OF DECEMBER MY WIFE AND I VISITED HER AND
6 SHE DIDN'T KNOW ME.
7 Q. TELL US A LITTLE BIT ABOUT -- DO YOU REMEMBER WHEN THAT
8 VISIT TOOK PLACE APPROXIMATELY?
9 A. IT WAS IN THE AFTERNOON.
10 Q. IN THE AFTERNOON?
11 A. IT WAS ALWAYS IN THE AFTERNOON.
12 Q. WHERE WAS SHE LOCATED WHEN YOU GOT ONTO THE GEROPSYCH
13 UNIT?
14 A. WELL, I THOUGHT SHE WAS IN BED IN HER ROOM THERE, BUT
15 SHE MIGHT HAVE BEEN IN A WHEELCHAIR SITTING IN HER ROOM.
16 AND I LEANED DOWN TO GIVE HER A KISS AND SHE SAID I DON'T
17 KNOW YOU, SIR. THAT'S ABOUT ALL SHE SAID.
18 Q. YOU NEVER EXPERIENCED THAT ON ANY PRIOR VISITS; IS THAT
19 CORRECT?
20 A. SHE KNEW ME THE FIRST TWO TIMES WE VISITED, BUT SHE
21 WAS -- SHE DIDN'T HARDLY TALK AT ALL.
22 Q. SO YOU VISITED HER ON THE 31ST. CAN YOU TELL US WHEN --
23 WHEN THE NEXT TIME YOU SAW HER WAS?
24 A. JANUARY THE 2ND.
25 Q. WAS THAT --
1859
1 A. 1996.
2 Q. WAS THAT DURING THE DAY?
3 A. 1996. IT WAS IN THE AFTERNOON.
4 Q. CAN YOU TELL US WHO WENT WITH YOU ON THAT VISIT?
5 A. MY WIFE AND I WERE THERE TOGETHER.
6 Q. ANYBODY ELSE?
7 A. MAYBE MY SISTER, YVONNE, AND HER HUSBAND. I DON'T KNOW
8 FOR SURE.
9 Q. WHERE DID YOU -- WHERE DID YOU LOCATE YOUR MOTHER IN THE
10 PSYCH UNIT? WAS SHE IN HER ROOM OR WHAT?
11 A. SHE WAS IN A ROOM BY HERSELF.
12 Q. COULD YOU DESCRIBE FOR US -- EXCUSE ME. I DON'T MEAN TO
13 INTERRUPT YOU, BUT CAN YOU DESCRIBE FOR US, IF YOU WOULD,
14 EXACTLY WHAT YOU RECALL HER POSITION IN THE ROOM TO BE ON
15 THAT PARTICULAR OCCASION?
16 A. SHE WAS IN BED. SHE WAS UNCONSCIOUS. SHE -- THE
17 NURSE -- THE ONLY PERSON I EVER COMMUNICATED WITH IN THE
18 PSYCHIATRIC UNIT WAS THIS ONE NURSE.
19 Q. DO YOU REMEMBER HER NAME?
20 A. NO, I DON'T KNOW HER NAME. AND SHE SAID, MR. LARSEN,
21 YOUR MOTHER IS IN VERY GRAVE CONDITION. WE DON'T EXPECT HER
22 TO LIVE THROUGH THE NIGHT.
23 Q. NOW, YOU DESCRIBED HER AS BEING UNCONSCIOUS. DID YOU
24 ATTEMPT TO COMMUNICATE WITH HER AT ALL?
25 A. I BENT DOWN OVER HER AND TOLD HER WHO I WAS. THERE WAS
1860
1 NO RESPONSE.
2 Q. HOW LONG WERE YOU THERE FOR ON THAT PARTICULAR OCCASION?
3 DO YOU REMEMBER?
4 A. PROBABLY 15 MINUTES.
5 Q. WERE YOU SUBSEQUENTLY ADVISED OF HER DEATH?
6 A. THE NEXT MORNING MY BROTHER MERLIN CALLED AND SAID MOM
7 PASSED AWAY THAT MORNING.
8 Q. DO YOU REMEMBER WHAT TIME?
9 A. EARLY MORNING IS WHEN SHE PASSED AWAY.
10 Q. DURING THE ENTIRE TIME PERIOD EXTENDING FROM THE EVENT
11 OF THE STROKE BACK IN JANUARY OF 1995 UP UNTIL THE TIME THAT
12 SHE PASSED AWAY IN THE EARLY PART OF JANUARY OF '96, CAN YOU
13 TELL US DID YOUR MOTHER EVER COMPLAIN TO YOU OR EXPRESS TO
14 YOU THAT SHE WAS SUFFERING ANY PAIN?
15 A. SHE NEVER DID.
16 Q. NOT ON ANY OF THOSE OCCASIONS?
17 A. SHE -- ALL SHE TALKED ABOUT WAS WHY AM I HERE. WHY
18 CAN'T I GO HOME AND TAKE CARE OF MYSELF.
19 Q. I SHOW YOU, SIR, WHAT'S BEEN MARKED AS STATE'S EXHIBIT
20 18 AND ASK YOU IF YOU CAN IDENTIFY THAT PARTICULAR
21 PHOTOGRAPH, IF YOU WOULD, PLEASE?
22 A. THIS IS A PICTURE OF OUR MOTHER ON HER 85TH BIRTHDAY.
23 Q. SO THIS WOULD HAVE BEEN APPROXIMATELY EIGHT YEARS BEFORE
24 HER DEATH?
25 A. YES, SIR.
1861
1 Q. CAN YOU TELL US, IS THAT PHOTOGRAPH FAIRLY
2 REPRESENTATIVE OF HOW YOUR MOTHER APPEARED JUST PRIOR TO HER
3 DEATH?
4 A. WELL, SHE HAD CHANGED SOMEWHAT. HER HAIR -- SHE ALWAYS
5 TOOK PARTICULAR NOTICE OF HER HAIR. SHE WENT TO THE BEAUTY
6 PARLOR EVERY WEEK. OUR BROTHER MERLIN TOOK HER TO THE
7 BEAUTY PARLOR. HE WAS HER TRANSPORTATION. IN ALL OF THE
8 THINGS THAT SHE NEEDED TO DO SHE NEVER DROVE A CAR HERSELF.
9 SHE NEVER LEARNED HOW TO DRIVE. BUT SHE WAS FUSSY ABOUT HER
10 HAIR. AND PERHAPS IN THE TROUBLES DURING THE YEAR OR SO
11 THAT SHE WAS SICK, MAYBE HER HAIR DIDN'T LOOK QUITE AS GOOD
12 AS SHE HAD WANTED IT TO. BUT I NEVER HEARD HER COMPLAIN
13 ABOUT ANY PAIN OF ANY KIND.
14 MR. WILSON: OKAY. THANK YOU, MR. LARSEN. I HAVE
15 NO FURTHER QUESTIONS AT THIS TIME.
16 THE COURT: MR. STIRBA?
17 MR. STIRBA: I HAVE NO QUESTIONS, JUDGE. THANK
18 YOU.
19 THE COURT: OKAY. MAY THIS WITNESS BE EXCUSED?
20 MR. WILSON: HE MAY, YOUR HONOR.