Deposition Summary of Samuel Sussman
Taken January 5th, 1997
Sussman v. Maximum Sour Candy Bombs Inc., et al.
Case No. SQ77676

Bryan Condon lives and works in Los Angeles. He doesn’t think about snacks very often, which basically means he’s an anhedonic space alien who instinctively recoils from joy.

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Topic, Summary
   

Background Information

1:16
1:23

Witness states his name as Samuel Sussman. He is unemployed, and previously worked for Liberty Animation Studios Inc. as a voice-over artist. He is a resident of Burbank, California.
   

Ability to Testify

4:2

Mr. Sussman has consumed no drugs or alcohol within the past 24 hours. Due to the injury to Mr. Sussman’s tongue (the same injury that will be the focus of this deposition), it is suggested that the digital stenograph be replaced in this case with a living person, and any phonetic anomalies transcribed with reasonable guesses as towards Mr. Sussman’s intent (i.e. “Thamuel Thuthman”, “voith-over artith”, “thue your atheth”, “don’t tell me to thit down”).

6:13

Mr. George Kirby, CEO of Maximum Sour Candy Bombs Inc., at this point in the proceedings declares himself “fine to drive”, unprompted. He is not the witness so this goes ignored.
   

Previous Depositions

34:10
38:12

Witness was a deponent in several related cases, beginning in 1995 with Liberty Animation Studios Inc. v. Maximum Sour Candy Bombs Inc., in which the witness alleged copyright infringement. As voice over artist for the Liberty Animation Studios character “Mr. Snake”, the witness testified that the Maximum Sour Candy Bombs mascot, “Mr. Sour Snake”, was essentially plagiarized, and the signature voice his own (Mr. Sussman’s) creation on behalf of Liberty Animation. The case was eventually ruled in favor of Liberty Animation Studios Inc., who were at the time Mr. Sussman’s employers, and were now exclusive holders of the rights to the characters of “Mr. Snake” and, by extension, “Mr. Sour Snake.”

40:1

Mr. Sussman and Maximum Sour Candy Bombs Inc. CEO George Kirby agree that it was after this case, in October of 1996, that Mr. Kirby sent Mr. Sussman the “XXX-treme Sour Bomb” candy through the US mail. [This is pronounced “triple extreme” by nearly everyone. -TJ] They also agree that the enclosed note read in part: “No hard feelings!” They disagree as to the existence of a post-script that read: “Now put this in your mouth!” The note has been lost.

44:15

Over the course of the next year (1996) Mr. Sussman was a deponent in several related cases, including Sussman v. Liberty Animation Studios Inc (wrongful termination, emotional distress)., Thuthman [sic] v. St. Vincent’s Hospital (medical malpractice, emotional distress), & Sussman v. Anthem Blue Cross (emotional [unintelligible]). There is some contention raised by Mr. Kirby over whether Sussman v. Sussman, a divorce case in August 1996, can be considered related to the matter of Mr. Sussman’s disfigured tongue. A recess is immediately called for by several parties.

   

During Recess

N/A

[This was not on the record but I feel compelled to mention that during the recess Mr. Sussman accosted me in the men’s room. I couldn’t understand all of what he was saying but it was something about “feel free to speak up at anytime” (or “sneak up”?). I explained to him that I was a paralegal and would not be his trial lawyer, and I tried to explain what you said, about your not needing to physically be there, and how Aruba was freshening you up. I don’t think I told it right because he punched the hand dryer. I’m sorry if I told it wrong but when he’s right in your face like that and screaming and you can’t understand him and you can see the tongue, it’s really terrifying. If the Marriott charges your account I will reimburse you, and I will take the blame, and I will give you all my Marriott points. -TJ]
   

Remove Mr. Kirby?

67:9
67:24

The witness asks for the removal of Mr. Kirby and an explanation for his presence but is persuaded to simply let him sleep.
   

Witness’s Allegation

72:24

The witness testifies that the candy he received in the mail was intended by Mr. Kirby to damage the witness’s tongue and destroy his livelihood as a cartoon voice over artist. Witness says he was fired for his lisp (see: Sussman v. Liberty Animation Studios Inc.) and that it has prevented him from finding work in animation voice acting. Mr. Kirby at this point lifted his head and said “sufferin’ succotash”. The witness was restrained, and Mr. Kirby returned to sleep (?), but we all admitted that in a way he had a good point. [I admitted this out loud, I’m very sorry. Telling you before you read it. -TJ]
   

Deposition Breaks Down

103:9

Mr. Kirby returns from the restroom. He announces he has an idea for a new mascot that will be creatively distinct from Mr. Snake and Mr. Sour Snake. His name will be “Mithter Thour Thnake” and he will speak with a lisp. This character will be a snake.

105:20

Mr. Kirby offers Mr. Sussman a job as voice over artist for Mr. Thour Thnake. [I tried to object here because I was pretty sure Mr. Kirby was not supposed to be talking at all. I don’t think I said it right because he kept right on going. -TJ] Mr. Sussman spit [on my shoes -TJ] and accepted the offer.

107:7

Mr. Kirby and his attorneys start putting on their coats. They explain that the simple act of Mr. Sussman accepting the job offer from Mr. Kirby torpedoes Mr. Sussman’s entire case (that the injury had hurt the witness’s job prospects.) [ :o -TJ]

107:19

Mr. Sussman is fired from Maximum Sour Candy Bombs Inc., for violence against a superior.

   

Snorkeling?

N/A

[Yup… this well is dry. I owe you a sake bomb. :\ The later flight should be fine. Aloha! -TJ