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From Sharon Emerson of Corpus Christi (Sharon is a paralegal with Kleberg & Head), this excerpt from the deposition "of an expert marine surveyor in a case involving the captain of a crew boat which ran into an offshore drilling platform because he fell asleep."

Q. Do you have an opinion as to whether there's anything that we have not discussed here today about the condition of the captain that contributed to the accident?

A. No. I think his condition, as far as I could ascertain, was not determinable from the evidence that I reviewed.

Q. When you say his condition was not determinable, what do you mean? You're not disputing that he fell asleep; he was definitely asleep.

A. That's my supposition based on what I've comprehended out of the testimony that I've reviewed, yes.

Q. Do you have an opinion as to why he fell asleep?

A. Yes.

Q. What is your opinion?

A. He was tired.

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