17 THE COURT: Counsel are present and the parties are
18 present. The jury is in the jury box. Mr. Wilson, call your
19 next witness.
20 MS. BARLOW: I will be reading the testimony of --
21 excuse me. I'll be reading the questions. We're asking
22 Irene Gayheart to read the answers of Vonda Alldredge. Ms.
23 Alldredge is elderly and is not able to travel to be here.
24 THE COURT: This is one of the witnesses who
25 testified at a prior hearing. Because of the reasons
1 indicated by counsel, she will not be present, but we will
2 read her testimony from the prior hearing.
3 MS. BARLOW: For purpose of the record, would you
4 state your name, Irene.
5 MS. BARLOW: Irene Gayheart. G-a-y-h-e-a-r-t.
6 MS. BARLOW: You have in front of you a transcript
7 of testimony of Vonda Alldredge gave in a hearing in June of
8 2000, I believe it was?
9 MS. GAYHEART: Yes.
10 MS. BARLOW: I will read the questions by Mr. Major
11 and if you'll just read the answers.
12 Q. (BY MS. BARLOW) Ma'am, would you state your name for the
14 A. Vonda Alldredge.
15 Q. Would you spell your last name for the record.
16 A. A L L D R E D G E.
17 Q. And Ms. Alldredge, what is your relationship, or was your
18 relationship, to Ennis Alldredge?
19 A. He was my husband.
20 Q. Let me show you what has been marked for identification
21 as plaintiff's exhibit number 12.
22 MS. BARLOW: I would indicate to the court that that
23 it the photograph of Ennis Alldredge, which I believe is
24 exhibit five today.
25 THE COURT: The exhibit -- it's not five.
1 MS. BARLOW: Excuse me, Your Honor. Number six.
2 THE COURT: It is exhibit six.
3 Q. (BY MS. BARLOW) Do you recognize that?
4 A. Yes.
5 Q. And what is that?
6 A. It's my husband, Ennis Alldredge.
7 Q. Mr. Major, we would move for admission of plaintiff's
8 exhibit 12.
9 MS. BARLOW: And we would move for state's exhibit
10 six at this time, Your Honor.
11 THE COURT: Any objection, Mr. Bugden?
12 MR. BUGDEN: No.
13 THE COURT: Six is received.
14 Q. (BY MS. BARLOW) Ms. Alldredge, when did you first meet
16 MS. BARLOW: The court at that point asked whether
17 it was Ennis or Ennis. The witness said Ennis.
18 Q. (BY MS. BARLOW) Question, when did you first meet
20 A. Oh, about the first of June of 1989, somewhere in that.
21 Q. When did you get married?
22 A. 28th of July, 1989.
23 Q. Where were you living at the time?
24 A. Clearfield, Utah.
25 Q. How long did you live in Clearfield?
1 A. Two years.
2 Q. And from Clearfield what did you go?
3 A. Before Clearfield?
4 Q. No, after Clearfield?
5 A. To Oak City.
6 Q. Where is that located at?
7 A. About 45 miles from Nephi, southwest of Nephi.
8 Q. And how long did you live down there?
9 A. About six-and-a-half years.
10 Q. After you lived there where did you go?
11 A. To Millville, Utah.
12 Q. Is that up by Logan?
13 A. Yes.
14 Q. I would like to recall your attention back to the time
15 that you were living down by Nephi. Was anyone living with
16 you at that time other than Ennis and yourself?
17 A. No.
18 Q. During that period of time can you describe what Ennis's
19 general health was?
20 A. Well, we did pretty good. He had an orchard. We -- I
21 would go with him on the four-wheeler out to the orchard to
22 take care of the orchard. He sprayed and took care of it.
23 Weeded it and took care of the orchard. Watered. It was a
24 big orchard. Grew a garden.
25 Q. And so fairly hard labor, I guess you'd say?
1 A. Right.
2 Q. For how long did you do this?
3 A. I think he gave up the orchard in 1993. Something like
4 that. I don't remember right exactly.
5 Q. During this period of time what was Ennis's general
7 A. Well, it was good then. Of course, he did have diabetes
8 at the time.
9 Q. Do you think -- do you know how long he had diabetes?
10 A. Probably maybe twelve, fifteen years.
11 Q. He had it longer before you knew him?
12 A. Right.
13 Q. Did he ever have any problems with the diabetes?
14 A. He had to have the shots.
15 Q. Would you help him take the shots and so forth?
16 A. Yes.
17 Q. So in this period of time when you were living down in --
18 by Nephi, did there come a time when Ennis's health started
19 to have a problem?
20 A. Yes.
21 Q. And what was that?
22 A. Do you want me to tell you the name of what he had?
23 Q. Yes, that would be fine.
24 A. T-cell lymphoma mycosis fungoides, which was a skin
1 Q. When did he get that?
2 A. Probably in 1992 is when we discovered it.
3 Q. And what part of his body? Can you describe where that
4 was and a little bit about that?
5 A. First it was on his legs and it was a red spot that he'd
6 had for years. And we noticeed that it was kind of lacey
7 around the edge. Went to the doctor. They tried to treat it
8 with salve and that didn't work. Finally we went to -- I
9 don't remember the doctor. And he diagnosed it as skin
11 Q. And what type of treatment did he have?
12 A. He he radiation.
13 Q. Where was that done?
14 A. The university hospital in Salt Lake.
15 Q. Was there any other areas of his body that had T-cell
16 cancer other than on his leg, do you know?
17 A. I think that was all.
18 Q. Did he have any operations or anything like that with it?
19 A. No.
20 Q. Just the radiation?
21 A. Just the radiation.
22 Q. How long did that take?
23 A. We went all that summer and then he was diagnosed as
24 clear of the cancer by fall.
25 Q. Did he have any other problems with it at all?
1 A. No. We went back every six months to Dr. Zoe and he said
2 he was fine.
3 Q. So every six months you would go back and there was no
4 indication of the cancer?
5 A. No.
6 Q. Did there come a time, I guess after that cancer, when
7 you started to have some problems with Ennis's memory, mental
8 health type?
9 A. Right.
10 Q. When did that start, do you recall?
11 A. Probably in '94 when we really noticed it.
12 Q. And what kind of -- how did it kind of start? Can you
13 kind of describe that?
14 A. First we noticed he was stumbling some and then he would
15 do -- oh, he couldn't remember where. There were big holes
16 in the middle of the lawn trying to find the sprinkling
17 system, and just different things like that.
18 Q. Now, when you talk about he was stumbling, can you
19 describe that a little bit? I'm not quite sure I understand?
20 A. Well, he didn't seem to be too steady on his feet at
22 Q. And did this --
23 A. And he did fall. He fell one time.
24 Q. Did he fall?
25 A. One time, yes.
1 Q. And how long did this basically go for?
2 A. Pardon?
3 Q. How long did this -- how long did this problem go before
4 there was a change?
5 A. What do you mean?
6 Q. Well, you started off with his problem with stumbling, I
7 guess, and having some moments of forgetfulness. Did that
8 change in any way to become worse or become better?
9 A. Yes.
10 Q. Become worse?
11 A. And it was hard to keep the Depends on him, things like
12 that. And he did not sleep.
13 Q. When did he start having to wear Depends?
14 A. Pardon?
15 Q. When did he start having to wear the Depends, the
17 A. About '94.
18 Q. And what was the reason for that, do you know?
19 A. Well, just couldn't contain himself.
20 Q. Was that ever diagnosed by a doctor or did anybody ever
21 look into that?
22 A. Yes.
23 Q. Did they ever tell you a diagnosis or what was the
25 A. No. It didn't seem to -- we did have Dr. Smith all the
1 time. We went to him all the time.
2 Q. But they didn't indicate to you there was any problems to
3 worry about?
4 A. No. He just checked him for his diabetes.
5 Q. So after he started having these other problems with not
6 being able to keep the Depends on, keep on the Depends and
7 other things, did any other changes take place?
8 A. He ran away a couple of times, got lost.
9 Q. Got lost?
10 A. When we were still in Oak City he got lost a couple of
12 Q. What was his general physical health during this period
13 of time?
14 A. Well, he could eat anything. He had a good appetite.
15 He'd eat anything.
16 Q. How about his strength?
17 A. He was pretty strong.
18 Q. Did you notice any changes in that?
19 A. Not too much, no. No, not ever.
20 Q. Not ever?
21 A. No.
22 Q. Did there become a time when the problems caused you to
23 move from Oak City?
24 A. Yes.
25 Q. And when was that?
1 A. I think April of '95.
2 Q. What was it that led you to move from Oak City?
3 A. Well, we were both exhausted and I didn't have that much
4 help. So I moved up by my daughter who was -- gave me a lot
5 of help with him.
6 Q. Where did she live at, your daughter?
7 A. She lived in Logan.
8 Q. And when you got up to Logan what, if anything, happened
9 as far as Ennis's condition?
10 A. About the same, except mostly being we were to the point
11 of exhaustion because he didn't sleep. And he did run away
12 there one time and got lost, so --
13 Q. And did you see any doctors in Logan?
14 A. Yes. Dr. Cunningham.
15 Q. Was there any change in Ennis's physical condition, not
16 mental, but physical aspect of his body?
17 A. I don't think so.
18 Q. How long did Ennis live in the home with you in Logan?
19 A. Oh, from -- I'm not sure if we moved there in April or
20 May. Until September.
21 Q. And what happened in September?
22 A. Then I had him put in a rest home.
23 Q. And what led up to having placed him in a rest home?
24 A. Well, I couldn't take care of him. I have -- just
25 couldn't do it. He was too heavy. He was -- he was just
1 hard for me to take care of him.
2 Q. What was his mental condition like at this time?
3 A. The day we put him in the rest home we both agreed. He
4 said we cannot live this way. And we agreed that's where he
5 should go. He did have home health. And as long as he could
6 ride in the car they wouldn't -- the home health wouldn't
7 help us unless if he had been bed ridden. They would have
8 come and helped us, but they wouldn't as long as he could get
9 out and go in the car.
10 Q. How long was he in the rest home?
11 A. Four months.
12 Q. And --
13 A. September, October, November. We took him the 14th. No,
14 the 10th of January to Layton.
15 Q. So he was in the rest home until he went to the geropsych
16 unit in Layton?
17 A. Yes.
18 Q. Did you visit him often when he was in the rest home?
19 A. Every day.
20 Q. Every day?
21 A. Every day and nearly all day.
22 Q. All day long?
23 A. Well, all afternoon. Most of the day, uh-huh.
24 Q. What type of activity would you engage in while you were
1 A. Well, they took him in the wheelchair around the block
2 nearly every day. And we had different actives. Whatever
3 they had there, you know, for entertainment. We had dances,
4 wheelchair dances.
5 Q. Can you describe those? What are the wheelchair dances?
6 A. We would push them around in the wheelchair, until one
7 day Ennis got tired of me pushing him. And he still walked
8 good, but not that far. One day he said, well, I'll push you
9 a while, so he got up and pushed me. And this was in
11 Q. So December of 1995?
12 A. Right.
13 Q. Did you notice any changes -- up until this point in time
14 did you notice any changes in Ennis's mental status?
15 A. He was more agitated, I think, at that time.
16 Q. Was he still communicative to you?
17 A. He always knew me.
18 Q. Always knew who you were?
19 A. Always knew me.
20 Q. Was able to get around on his own?
21 A. Pretty much. He had a walker.
22 Q. Were you aware of any times that Ennis had fallen down in
23 the rest home?
24 A. I think they called me one time that he had fallen.
25 Q. Did you check on Ennis at that time?
1 A. Right.
2 Q. Did you find any problems with him?
3 A. No. I think he tried to get out of his bed or something
4 and fell.
5 Q. Did they explain whether or not there was any problems
6 with Ennis that would have caused him to fall?
7 A. No. I'm not sure whether they called Dr. Cunningham then
8 or not. I don't know for sure.
9 Q. Did -- what was his general physical health during this
10 period of time?
11 A. Well, like I say, he ate everything. And he never did
12 sleep well, so he was up and down the halls all the time
13 because he didn't sleep well.
14 Q. What was his general strength?
15 A. He was strong. He was always strong.
16 Q. Always strong. Did there come a time when his agitation
17 became worse or became a problem for the rest home?
18 A. Yes. I think he hit at a few people.
19 Q. And what was finally decided to do?
20 A. Well, they called me one night and said he was so
21 agitated that they did need to have his medication checked.
22 And there was a place called Horizon that they can send him
23 to to have his medication checked.
24 Q. Did they tell you where that Horizon was located?
25 A. Yes.
1 Q. And where was that?
2 A. In Layton.
3 Q. This was someone from the rest home that Ennis was in?
4 A. Yes, right.
5 Q. What did you decide after receiving that phone call?
6 A. Well, they said he was -- he had to have his medication
7 checked because they could not handle him there. They needed
8 his medication checked and so I agreed to that.
9 Q. And was your husband then transported to the geropsych
10 unit at Dave North?
11 A. Yes.
12 Q. And --
13 A. I went with him.
14 Q. Went with him. Describe that?
15 A. I went with him in the van.
16 Q. Who drove the van?
17 A. I don't know. Someone.
18 Q. Somebody?
19 A. Somebody.
20 Q. Was it somebody from the rest home or someone from the
22 A. Someone from the rest home, I think.
23 Q. At this point in time -- up until this point in time when
24 he was leaving, did you notice anything unusual about his
1 A. Well, he didn't communicate too much with me. I did sit
2 by him all the way in the van. And he would pick my hand up
3 and put it to his mouth like he might be hungry.
4 Q. Was he alert?
5 A. Well, to that -- not that alert, really. Not that much,
6 but --
7 Q. Well, I understand there's a difference in definition of
8 being alert. But was he awake? But he was awake, excuse me.
9 A. Yes.
10 Q. Seemed to know what was going on, that type of thing?
11 A. Right.
12 Q. When you arrived at the hospital in Layton, the geropsych
13 unit, did you know about what time that was?
14 A. I haven't -- somewhere noon or after.
15 Q. In the afternoon?
16 A. Yes. I have no -- I don't remember.
17 Q. What happened when you arrived at the hospital there?
18 A. Well, let's see. We wheeled him in on the wheelchair and
19 the nurse checked -- asked me all the questions about his
20 health and checked him in. We sat for a while and he wheeled
21 around the room in the wheelchair. And then they took him to
22 a room.
23 Q. What did you do when they took Ennis to the room?
24 A. Well, I waited and finally they told me he was out.
25 Q. Now, out, what do you mean? Out of the hospital or --
1 A. He was asleep or whatever.
2 Q. Did this surprise you?
3 A. Well, not really. I lfigured, you know, that's what they
4 would do.
5 Q. After you were given this information, what did you do?
6 A. We waited a while and then I was with the driver of the
7 van and we went back to Logan.
8 Q. Do you remember what day of the week this would have
10 A. I think Wednesday.
11 Q. When was it -- after you got back to Logan when was the
12 next contact you had with the hospital?
13 A. I called Thursday then to see how he was and they said he
14 was still unconscious, that he was out. That he had never
15 come to.
16 Q. And do you recall about what time this would have been on
18 A. Sometime in the evening.
19 Q. Did you question them as to why he was still out?
20 A. No, I didn't. I just trusted the doctor. I just trusted
21 that he was okay.
22 Q. What was the reason that you made the call?
23 A. Just to check on him. To see how he was doing, see if he
24 was okay.
25 Q. Did you plan on visiting him?
1 A. Well, I had a hard time with transportation at that time.
2 Q. And that was from Logan to the hospital?
3 A. Right.
4 Q. When was the next time you had contact with the hospital?
5 A. Friday evening.
6 Q. What was the nature of that contact?
7 A. Dr. Weitzel called me and said Ennis had a masssive
9 MS. BARLOW: Okay. Read that line again. I think
10 you left out a word.
11 THE WITNESS: Excuse me. Dr. Weitzel called me and
12 said Ennis had had a masssive stroke and wouldn't make it
13 through the night.
14 Q. (BY MS. BARLOW) Do you recall approximately what time
15 that was?
16 A. I don't even remember. I have no idea.
17 Q. And was this a shock to you?
18 A. Pardon?
19 Q. Were you surprised by this phone call?
20 A. Well, naturally, yes. I was very, very upset. So I said
21 I'll be there as soon as I can get there. I contacted my
22 daughter and it was morning before they could get me down
24 Q. Now, when you had this phone call from Dr. Weitzel, you
25 indicated that he told you he had a masssive stroke. Was
1 there any other conversation you had with him about Ennis's
3 A. No, no. He said he would not make it through the night.
4 Q. Did he ask you concerning about any type of treatment?
5 A. No.
6 Q. Treatment to give for Ennis?
7 A. No.
8 Q. Did he mention anything to you about comfort care or life
9 sustaining measures or anything of that nature?
10 A. He said they were taking the life support system off.
11 Q. Did he give you any -- explain to you anything other than
12 just a masssive stroke?
13 A. No.
14 Q. Did Dr. Weitzel explain any options that you had?
15 A. No.
16 Q. Was there -- so far as you know, was there any other
17 conversation had?
18 A. No.
19 Q. Was there any -- did the doctor ask you for permission to
20 do anything?
21 A. Evidently taking the life support system off.
22 Q. Did he ask you to do anything else?
23 A. No.
24 Q. Do you have a fairly vivid -- this has been a while ago.
25 Do you have a very vivid rememberance of that occasion?
1 A. Right.
2 Q. Could he have asked you to do anything else?
3 A. No.
4 Q. (BY MR. BUGDEN) Good afternoon, Mrs. Alldredge. The
5 conversation you just testified about with Dr. Weitzel, are
6 you certain, as you sit here now, that that was Friday
8 A. I'm quite sure, because we went down Saturday morning.
9 Q. It couldn't have been a conversation, for example, that
10 took place Saturday morning before you came down?
11 A. No, no.
12 Q. Okay. And when you came down it was you. And were you
13 with other family members as well?
14 A. Right. My daughter and her husband.
15 Q. And then you stayed for a period of time at the hospital,
16 is that right?
17 A. Right. I stayed until he passed away.
18 Q. I see. And the other family members were there as well?
19 A. Yes.
20 Q. And did you essentially stay in the room with Mr.
21 Alldredge until he passed away?
22 A. Yes. I did nap on the bed. And when he passed away one
23 of the daughters woke me up and said he's gone.
24 Q. You testified about Dr. Weitzel mentioning something
25 about taking him off life support systems, is that right?
1 A. Right.
2 Q. Were you aware at that time that Mr. Alldredge had what
3 is called a living well?
4 A. Right.
5 Q. You were aware of that?
6 A. Right.
7 Q. And if we could have -- you know, when you got to the
8 hospital, and I realize it's a while back, but did anybody
9 talk to you about a living will or some kind of directive in
10 case something really bad happen?
11 A. I don't remember. I think we gave the living will to the
12 Sunshine Terrace.
13 Q. To the nursings home folks, that's who you gave it to,
14 you think?
15 A. I don't know who.
16 Q. Now, I'm going to display -- it will be up on that white
17 board, ma'am. Maybe, if you have any problems seeing it,
18 just feel free to walk off the witness stand. But it says at
19 the top living will of Ennis Alldredge.
20 (Pause in the proceedings.)
21 MR. BUGDEN: Counsel, I believe that that would be
22 nursing home 275.
23 MS. BARLOW: Okay.
24 THE COURT: Exhibit what?
25 MS. ISSACSON: 6A.
1 (Pause in the proceedings.)
2 Q. (BY MR. BUGDEN) Thank you for your patience, Mrs.
3 Alldredge. In looking at that, does that appear to be the
4 document that you gave to the nursing home? I'll show you a
5 little bit more of it. It might help. I just can't get it
6 all on at one time. That's rest of the first page and then
7 here's the second page. Maybe this will help you identify
8 Mr. Alldredge's signature?
9 A. Right. That is -- let's see.
10 Q. I'll show you --
11 A. Yes, that's his signature.
12 Q. That's his signature up here in the corner there?
13 A. Yes.
14 Q. And then it looks like it says the declarant, Ennis
15 Alldredge, is known to me and I believe to be of sound mind.
16 We have some witnesses. It looks like Betty Jeffrey from
17 Delta. Do you know Betty?
18 A. Yes.
19 Q. And then Nancy, it looks like, Oppenheimer?
20 A. Oppenheimer.
21 Q. She was also from Delta as well. Do you know her?
22 A. Yes.
23 Q. So does this appear to be, then, the living will that you
24 gave the nursing home?"
25 THE WITNESS: Should I just answer yes?
1 MR. BUGDEN: Let me see where we need to go.
2 (Pause in the proceedings.)
3 Q. (BY MR. BUGDEN) "I guess your answer is yes. Now I'm
4 going to put this back up. I just want to point out to you,
5 and I'll read it, paragraph three."
6 MR. BUGDEN: Are you with me, counsel?
7 MS. BARLOW: I'm not. Line five?
8 MR. BUGDEN: May I approach the witness, Your Honor?
9 THE COURT: You may.
10 (Pause in the proceedings.)
11 Q. (BY MR. BUGDEN) "Mrs. Alldredge, if I could ask you to
12 turn to page 944. Do you have that?
13 A. Yes.
14 Q. Line 11. Do you see that?
15 A. Yes.
16 Q. Now, this one says, in paragraph three, if you want to
17 read it with me, ma'am, you can. It says, if at any time I
18 should have a terminal condition and my attending physician
19 has determined that there can be no recovery from such
20 condition and my death is imminent and the application of
21 life prolonging procedures heroic measures would serve only
22 to artificially prolong the dying process, I direct that such
23 procedures be withheld or withdrawn and that I be permitted
24 to die naturally. I do not fear death itself as much as the
25 indignities of the deterioration and dependence and hopeless
1 pain. I therefore ask that medication be mercifully
2 administered to me and that any medical procedures be
3 performed on me which will be deemed necessary to provide me
4 with comfort care or to alleviate pain.
5 Do you see where I'm reading?
6 A. Yes.
7 Q. And then in paragraph four it says, in the absence of my
8 ability to give directions regarding the use of such life
9 prolonging procedures, it is my intention that this
10 declaration shall be honored by my family and physician as
11 the final expression of my legal right to refuse medical or
12 surgical treatment and accept the consequences for such
13 refusal. Did I read that correctly?
14 A. Yes.
15 Q. And did you understand those wishes to have been your
16 husband's as of the time he did this back in July of 1993?
17 A. I think so.
18 Q. Now, was there -- do you understand that there was a
19 change at some point in the directions that were provided in
20 that document at some point after July of 1993?
21 A. I don't remember. I would have to see that document.
22 Q. Once again I'll just put this up here on the board if you
23 want to take a look at it. Now, this one has at the top it
24 says special power of attorney."
25 MR. BUGDEN: Just a moment, Judge.
1 (Pause in the proceedings.)
2 Q. (BY MR. BUGDEN) It's 4A-277, Judge.
3 MS. BARLOW: 6A.
4 MR. BUGDEN: Sorry. 6A.
5 Q. (BY MR. BUGDEN) "Mrs. Alldredge, I lost my place here.
6 Mrs. Alldredge, it says special power of attorney. I know
7 it's not very easy to read." (That's still true.) "But it
8 says that, and then it appears that Ennis is appointing you,
9 Vonda, with some powers?
10 A. Right.
11 Q. Do you remember now seeing this document, the
12 circumstances of this?
13 A. Right, yes.
14 Q. And the date on this, I'll have to give you another sheet
15 here. That's -- by the way, you see the signature there. Is
16 that Ennis's?
17 A. Right.
18 Q. And the date of this is June 2nd, 1994, do you see that?
19 A. Yes.
20 Q. Do you remember the circumstances that occurred at about
21 this time such that he decided to appoint you and give you a
22 special power of attorney?
23 A. I think our home nurse from Nephi advised us to do this.
24 Q. Do you know the reason why you were advised by your home
25 nurse to do this?
1 A. No. Just so that he would have that protection.
2 Q. And did you understand -- you said protection. Did you
3 understand that this gave you certain rights in the event --
4 A. Right.
5 Q. -- Ennis could not speak for himself?
6 A. Right.
7 Q. To provide medical care?
8 A. Right.
9 Q. Or to withdraw medical care as the case might be?
10 A. Right.
11 Q. I'm going to put up another document which says at the
12 top medical treatment plan. It has -- it looks likes Dr.
13 Cunningham has certified that. I, the attending physician
14 for Ennis Alldredge of Sunshine Terrace, who was in his care
15 October 11th, 1995, and then he goes on to state that he
16 diagnosed Ennis as having Alzheimer's disease?
17 A. Right."
18 MS. BARLOW: If I may interject. This is 6B.
19 THE COURT: 6A, page 277.
20 MR. BUGDEN: 6B, page 278, the new one he's put up.
21 MS. BARLOW: It might be in 6A.
22 THE COURT: 6A, page 278?
23 MR. BUGDEN: Yes.
24 THE COURT: Okay.
25 Q. (BY MR. BUGDEN) "Okay. Then there appears to be a
1 signature on the attending physician dated 10/11/95. And
2 then is that your signature down at the bottom on the right
3 hand side?
4 A. Yes.
5 Q. And it says that the following care and treatment or
6 withholding of treatment is directed with respect to the
7 declarant. And then it has no CPR, no respirators?
8 A. Right.
9 Q. Did I read that correctly?
10 A. Right.
11 Q. Do you remember the circumstances such that then you
12 signed this document on or about October 11, 1995?
13 A. No. I don't understand for sure what the document says.
14 What does it say? Let's go through that again, please.
15 Q. Sure. I'll just put it back up. It's a medical
16 treatment plan and there's an indication by Dr. Cunningham,
17 who was the treating physician you testified about, he's the
18 doctor up in Logan?
19 A. Right.
20 Q. And he certifies or is indicating that Ennis had
21 Alzheimer's disease?
22 A. Uh-huh.
23 Q. And then apparently there's a direction above your
24 signature line that says the following care and treatment, or
25 withholding of treatment, is directed with respect to the
1 declarant. And then there's just written in no CPR, no
3 A. Right.
4 Q. My question is, do you remember the circumstances that
5 prompted you to sign this document?
6 A. I don't. I don't even remember.
7 Q. Pardon me?
8 A. I don't remember.
9 Q. Okay.
10 A. I don't remember.
11 Q. Okay. Looking at that, I just want to ask you one other
12 question about it. Do you see -- I'll show you this line
13 here, these two lines?
14 A. Right.
15 Q. Is that your writing?
16 A. I don't think so.
17 Q. It does appear that this is certainly your signature, is
18 that right?
19 A. That is my signature.
20 Q. Did you write in wife? Does that appear to be yours?
21 A. What is that?
22 Q. It says wife. It's just somebody wrote in wife. I was
23 wondering whether you did that?
24 A. I don't know.
25 Q. No CPR. No, that's the -- that's the life sustaining
1 system, isn't it? That doesn't mean no fluids, no comfort
2 care, does it?"
3 MS. GAYHEART: You just read the answer.
4 MR. BUGDEN: Sorry. I'll do that again.
5 Q. (BY MR. BUGDEN) "Okay.
6 A. No CPR. No, that's -- that's the life sustaining system,
7 isn't it? That doesn't mean no fluids, no comfort care, does
9 Q. I'm not the witness at this point. It says what it
11 Q. (BY MS. BARLOW) On redirect, "Ms. Alldredge, I think
12 we're going to be testing your eyes here again in a second.
13 Let me ask you this. You indicated that you stayed at the
14 hospital with Ennis after you arrived on Saturday, is that
16 A. Right.
17 Q. Did you have any other conversations with Dr. Weitzel
18 after you arrived at the hospital?
19 A. I never did ever see Dr. Weitzel.
20 Q. What was Ennis's condition when you arrived at the
22 A. Saturday morning?
23 Q. Yes, Saturday morning.
24 A. He was unconscious.
25 Q. Did he ever come to?
1 A. No.
2 Q. What, if any, type of movements did you observe with him?
3 A. None.
4 Q. How long did that condition remain?
5 A. He passed away Sunday morning and we sat there by his
6 side and he was -- he was out.
7 Q. Now, I want to show you again -- we'll have to test your
8 eyes. I want to show you what is marked as med 17. I want
9 to show you what is marked as med 0017, which comes from the
10 geropsych unit hospital records for Ennis."
11 THE COURT: What is the record for this?
12 MS. BARLOW: 6B, I believe.
13 THE COURT: Is this the hospital record?
14 MS. BARLOW: Yes. Page 17.
15 Q. (BY MS. BARLOW) You can step down. Perhaps you can see
16 this. Specifically it states signed by Dr. Weitzel. It says
17 addendum. See where it says addendum? Spoke with the C with
18 an arrow on top of it?
19 A. I can't read it.
20 Q. It says addendum and the C with an arrow means with.
21 Spoke with wife extensively.
22 A. Okay. Now, read that again.
23 Q. Okay. It says -- we're starting right here. If you
24 might approach, beginning right here. Spoke with wife
25 extensively. Do you recall your conversation with Dr.
1 Weitzel as being extensive?
2 A. I never did talk to Dr. Weitzel ever.
3 Q. Only on the telephone?
4 A. On the telephone on Friday night was the only time I ever
5 talked to Dr. Weitzel.
6 Q. How long did that telephone conversation last?
7 A. Probably one minute.
8 Q. And then it goes on to say, she feels strongly that no
9 extraordinary measures should be taken to prolong Ennis's
11 A. Right. But he should be made comfortable.
12 Q. Okay. Then it goes on. Ennis given the CV, which I will
13 indicate to be the stroke found on the MRI, which is a test
14 they run.
15 A. Right.
16 Q. She requests that all -- she requests that we, and D,
17 slash, C is discontinue I and give comfort care. You know
18 the IV is the fluid that goes into that?
19 A. Right. And that should have been continued, shouldn't
20 it? Shouldn't he have --
21 Q. That's the question. Do you ever recall having that
22 conversation and making that statement?
23 A. I recall him saying they would take the life support
24 system off and I said okay.
25 Q. Did you ever intend to have --
1 A. But I thought it would be comfort care that he would --
2 like you say, life support system didn't mean to me no
3 comfort, no liquids, nothing.
4 Q. Did you ever intend to have his fluids stopped?
5 A. No.
6 Q. And then let me show you again real quick what is marked
7 as med record 95."
8 MS. BARLOW: And, Your Honor, I believe that is 6B.
9 Q. (BY MS. BARLOW) "Again, which comes from the Davis
10 Hospital medical records. This is a note by Dr. Weitzel
11 indicating -- I'm sorry, I thought I had it here. I got the
12 wrong one. Hang on one second. I had it here. Here it is.
13 I apologize.
14 On this note it also indicates oral medications were
15 discontinued and insulin was decreased. Do you recall ever
16 having a conversation with Dr. Weitzel indicating you wanted
17 his medication stopped?
18 A. No.
19 Q. Do you recall having a conversation with Dr. Weitzel
20 indicating you wanted his insulin reduced?
21 A. No."
22 MS. BARLOW: Mr. Major then said we have no further
24 THE WITNESS: "No, because I seen him be agitated
25 with the insulin taken away.
1 Q. (BY MS. BARLOW) You've seen some problems with insulin
2 when he didn't get it?
3 A. Right. If he didn't get enough he would be agitated.
4 Q. And what would happen when he didn't have the insulin?
5 A. Give him more insulin.
6 Q. But I mean what was his physical reaction to not having
7 the insulin?
8 A. He would just be agitated. Just --
9 Q. Appeared to be in pain, discomfort?
10 A. No, I don't think Ennis was in pain.
11 Q. Well, no, I'm talking about earlier on when he didn't
12 have his insulin? Before he got to the hospital let's say?
13 A. I just remember one time we went to the cafe and he was
14 hungry and he was agitated. He just couldn't get the food
15 fast enough. That's what I mean by the agitation.
16 Q. And you didn't want that to happen on this occasion?
17 A. Right.
18 Q. (BY MR. BUGDEN) Mrs. Alldredge, after you talked with
19 Dr. Weitzel and he reported what he reported, I assume you
20 and the other family members thought that Ennis was dying, is
21 that right?
22 A. Well, yes.
23 Q. And it's true that given that fact, you wanted him to be
24 kept comfortable, is that right?
25 A. Yes.
1 Q. That's all I have. Thank you."
2 MS. BARLOW: That's all for this, Your Honor.
3 THE COURT: Okay. Thank you.
8 MR. BUGDEN: Excuse me. There is actually one other
10 THE COURT: Go ahead. The stipulation, that's
12 MR. BUGDEN: Mr. Wilson, or Ms. Barlow, I'll present
13 this to the court and if we need to correct it just let me
15 Your Honor, I believe that the parties have entered into
16 a stipulation and the stipulation is that Mrs. Vonda
17 Alldredge, the person whose testimony was just read to the
18 jury, signed an affidavit, which is a sworn statement, and
19 signed that affidavit on July 31, 2001. And then with
20 permission of the court and counsel, I'll read the contents
21 of that.
22 THE COURT: You may.
23 MS. BARLOW: We have some concerns, but I think we
24 can address them afterwards.
25 THE COURT: Okay. Go ahead.
1 MR. BUGDEN: Well --
2 THE COURT: Are they about the admissibility or what
3 are you talking about?
4 MS. BARLOW: I guess we don't. Mr. Wilson is taking
5 care of that.
6 MR. BUGDEN: A portion of testimony was just read
7 and a question was asked, when was the next time you had
8 contact with the hospital. Answer, Friday evening.
9 Question, and what was the nature of that contact? Answer,
10 Dr. Weitzel called me and said that Ennis had had a masssive
11 stroke and wouldn't make it through the night. That, ladies
12 and gentlemen of the jury, is testimony you just heard.
13 In the sworn statement of Mrs. Alldredge it reads as
14 follows. "I do not specifically remember the exact words
15 that Dr. Weitzel used to inform me of Ennis's condition. Dr.
16 Weitzel may have told me that Ennis seemed to have had a
17 stroke and that he may not make it through the night. At
18 this time I do not remember."
19 Then it is signed under oath by Mrs. Alldredge.
20 THE COURT: Thank you. Ladies and gentlemen, that's
21 a stipulation as to a subsequent statement made under oath by
22 Ms. Alldredge amending her prior statement given during the
23 course of the examination that you just heard read.
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