[tps_title]Deposition of Janue McFarland in Bed Bug Lawsuit[/tps_title]
This is part of the oral deposition of Janie McFarland conducted at 11:00 a.m. on January 11, 2016 in her lawsuit against the Charlottesville Super 8 Motel after allegedly being bitten by bed bugs. See the initial complaint for her story of events.
In this deposition, she is being (Q)uestioned by Ms. Harber who is the attorney for Super 8 Motel. They say it’s a bad idea to represent yourself, but Ms. McFarland is doing just that and the (A)nswers are hers. This information comes from court document 27-3 Filed 01/29/16 Case 3:15-cv-00016-GEC-JCH. This document is not complete and may not be accurate, so refer the the official court record for 100% accuracy.
EXAMINATION (Starting at page 7)
BY MS. HARBER:
Q. What is your full name?
A. Janie McFarland.
Q. And that’s J-A-N-I-E?
Q. Okay. No middle name?
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NOTE: There is a Janie Marie Farland that sued the VA / United States for her back injury during physical therapy – see Farland vs VA Medical Center for more information.
A. I had a injury with the VA Medical Center.
Q. Okay. Can you describe what happened there?
A. I went in for back pain on February — I think it was the 28th of 2012.
A. I was hospitalized for five days, it was just a back — I guess spasms.
A. The VA decided to admit me as a patient on February 28th. They did pain management, which was a epidural injection. By February — March 2nd, they released me, I was pain-free. They prescribed for me morphine and Vicodin. I took that for three days, did not like the way it reacted, so I stopped the morphine and Vicodin, and I just prayed. And for me, that worked. I was pain-free. I had a follow-up 30 days later, which was April the 5th. The doctor who seen me, I told him my issue, that I had herniated disc, was diagnosed. The VA doctor told me I was not — I did not have a herniated disc, so I went through another argument. I told them I had a herniated disc. She never looked into the computer. She did a physical on me, asked me to raise my knee, did not tell me she was going to push my knee to my back, and my back popped out.
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Q. Okay. And when you checked in around 1:30, I assume — or did you stop anywhere else?
A. Checked in at 1:30.
Q. Okay. And the room that you were to stay in, was it already given to you or how did you — how did check-in go? Describe it for me.
A. The secretary had rooms already assigned before we got there, she made the arrangements. Each person was handed an envelope with a key. It’s a group trip, so I guess — it was a group as far as establishing the rooms.
A. So each individual or family were assigned their rooms prior to getting there.
Q. Did you have a single room or a double?
A. I had a double. Actually, my mom and I shared a room, we just didn’t sit together on the bus.
Q. Okay. So was it two double beds?
Q. Okay. What’s your mother’s name?
A. Marie Woods.
Q. Okay. And so you get there, Ms. Brown passes out your room assignments, and then what do you do?
A. I complain to my mother about being at the Super 8 hotel.
Q. Okay. Describe that for me.
A. I will give you the short version. I pulled my mom to the side. When we pulled — excuse me. When we pulled up into the parking lot, I went to the back and spoke to my mother, she sat in the back of the bus, and I whispered to her, Do you see this hotel? Because what happened was there were curtains flying out the window, there were dirty curtains, several windows were open with curtains open, and the curtains were dingy. And my mom knows that because I am a ex-flight attendant I’ve never stayed in anything less than a five-star hotel for the year and a half or whatever that I’d flown. So I complained to my mom immediately.
Q. And what did your mother say?
A. She told me, Well, we’re only staying for one night. And I told her I didn’t want to stay there, before I even got into my room, before we even got our rooms assigned, this is while we’re on the bus.
Q. Okay. Now, I assume you didn’t have any say in what hotel was actually secured? Ms. Brown sort of did that on her own?
A. No. From my understanding, Ms. Brown picked a hotel that was inexpensive because other people probably could not — to my understanding, could not afford. I’m used to paying a certain amount.
A. And so she chose something that was inexpensive.
Q. Okay. And so everyone paid their way, she just made the arrangements?
Q. So in other words, she probably — well, just assume — I will assume that you will correct me if I’m wrong. She secured the room and said, all right, it’s going to be $25, $30, whatever the amount was apiece, everyone paid by a certain date; is that fair to say?
A. That’s correct.
Q. Same thing with the bus, she got a total for the bus, said everybody has to pay $10 or whatever, pay by a certain date?
A. That’s correct.
Q. Okay. Did you pay Super 8 yourself or did you pay Ms. Brown?
A. Ms. Brown.
Q. Okay. So you paid her directly when she secured the rooms?
A. That’s correct.
Q. Okay. So you get there, you tell your mother that you don’t want to stay there. She tells you just one night. And what do you do?
A. I complain the whole time.
Q. Okay. When you say you “complain the whole time,” describe who you’re complaining to. Is it mainly your mother because you’re staying with her?
A. No. I complained to two other people.
A. They’re actually in the — in the information I gave. Valeria Grange. And I complained to Ann Brown, who made the arrangements.
Q. Okay. And explain what you were complaining to them. Or when did you first complain to them? Was it still on the bus?
Q. Okay. And what are you saying to them?
A. That I didn’t want to stay at the hotel.
Q. Okay. And Ms. Brown, what were you saying to her?
A. My mom cut me off and told me to be quiet.
Q. Okay. So is it fair to say you were animated at this point about the hotel?
A. Yes, I was.
Q. Okay. Were you upset or angry, or were you just more kind of whining, for lack of a better term?
A. Upset, angry, because I’m used to staying at certain hotels. Not being bushie or bushwa; I just — I’m used to staying in a certain level hotel, and I knew that Super 8 was not something I would ever pick.
Q. Was this your first trip with the group, ever, going to these —
Q. So what sort of hotels did you-all normally stay in?
A. A little bit upper — more class. I’ve stayed at Marriott.
A. Also the Hilton. And the — there’s another one, I can’t think of it right now, but it’s — oh, Express.
Q. Holiday Inn Express?
A. Holiday Inn Express, yes. Those are the ones we stay in. That’s pretty much the lowest level that we’ve ever stayed.
Q. Did Ms. Brown tell you anything about why she deviated from those hotels in this regard?
A. After we got home. At the time, my mom would not let me say anything. So out of respect, I did not say anything.
Q. Okay. What did she tell you after, when you got home?
A. She picked something that was more feasible for others to pay.
Q. Okay. So it sounded like a monetary issue led you-all that to that hotel?
Q. Okay. So you’re upset, you’re talking to Ms. Brown, you’re talking to Valeria, you’re talking to your mother, all while you’re still on the bus; is that fair to say?
A. That’s correct.
Q. And during the bus trip — and you don’t recall who you were sitting next to, but is there anything going on in the bus in terms of any discussions, fighting or anything? Is there anything notable occurring on the bus?
A. Oh, no.
Q. Are you awake the whole time? It’s a long trip.
Q. I know I would sleep. So are you awake or are you sleeping?
A. Awake sometimes, sleep sometimes.
Q. In and out?
Q. Fair enough. So at some point I assume you get off the bus?
Q. Okay. Do you have to check in or anything or is Ms. Brown taking care of all of that?
A. Ms. Brown is taking care of all of that.
Q. So you got your room key, I assume?
A. That’s correct.
Q. And what do you do?
A. We proceed to our room.
A. As we’re walking down the hall, it smells like urine. I asked my mom can we stay someplace else.
Q. And your mother says?
A. It’s just one night.
A. By this time, out of respect for my mom, I just know not to ask her anymore.