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JOSEPH

Case: 1:02-cv-00107-MRB-KLL Doc #: M. ALLEN


1585 - DIRECT/CROSS
Filed: 01/30/19 18
Page: 18 of 20 PAGEID #: 36091

1 THE COURT: Thank you.

2 Q. Mr. Allen, you've been retained. First of all, please

3 state your full name and address for the record.

4 A. Joseph M. Allen, 4571 Whispering Oak Trail.

5 Q. And that's in Hamilton County?

6 A. Hamilton County, Ohio.

7 Q. And what do you do for a living?

8 A. I'm a professional engineer, civil engineer, and land

9 surveyor.

10 Q. And how many years have been licensed as a professional

11 engineer in Ohio?

12 A. 30 years.

13 Q. Okay. And what is your concentration?

14 A. Civil engineering tasks, sanitary analysis, stormwater,

15 land developing, grading, subdivisions, individual single-

16 family construction.

17 * * *

18 (In open court at 11:20 AM.)

19 CROSS-EXAMINATION

20 BY MR. SULLIVAN:

21 Q. It sounds like you agree that this flooding has occurred

22 for many years before Mr. McCauley bought the property?

23 MR. FINNEY: Objection, Your Honor. Irrelevant.

24 A. I -- I don't know.

25 THE COURT: Overruled. Go ahead.


JOSEPH
Case: 1:02-cv-00107-MRB-KLL Doc #: 1585M. ALLEN
Filed: - CROSS
01/30/19 19
Page: 19 of 20 PAGEID #: 36092

1 THE WITNESS: Sorry.

2 THE COURT: Go ahead. You can answer the question if

3 you know.

4 A. I don't know.

5 Q. Excuse me. I didn't hear your answer.

6 A. I don't know whether it's -- the flooding history of it. I

7 know of what I was told those particular dates. If you asked

8 my opinion, I suspect it probably was flooding before too.

9 Q. Well, you would agree, would you not, that the documents

10 you read from say exactly that, it's been occurring for many

11 years?

12 A. Yes, you're correct.

13 Q. And if we had no rain, if climate change really turns out

14 to be as dire as some people tell us, you would agree this

15 property would have no problem in the future?

16 A. If there was no rain?

17 Q. Right, or not enough rain to cause any surcharge from any

18 part of the Sewer District system.

19 A. Yeah, I would think the property would be -- certainly you

20 could take another look at living there and going there if you

21 have no risk of backups, any kind of backup.

22 Q. And you described your background, which was civil

23 engineer, if I heard correctly.

24 A. That's correct.

25 Q. Is that different than somebody who might be a structural


JOSEPH
Case: 1:02-cv-00107-MRB-KLL Doc #: 1585M. ALLEN
Filed: - CROSS
01/30/19 20
Page: 20 of 20 PAGEID #: 36093

1 engineer?

2 A. Yes.

3 (End of requested excerpts.)

4 * * *

5 - - -

6 C E R T I F I C A T E

7 I, Luke T. Lavin, RDR, CRR, the undersigned, certify

8 that the foregoing is a correct transcript from the record of

9 proceedings in the above-entitled matter.

10

11 s/Luke T. Lavin
Luke T. Lavin
12 Official Court Reporter

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