A Douglas County judge will require the surviving victim of an accident involving the Kansas State Cat Tracker fan bus to give a deposition.

An attorney for Christian Orr’s family argued that Orr has developed suicidal tendencies and is too unstable to give testimony regarding the November 2006 accident.

Orr was standing atop the bus when his head struck an overpass near 17th and Iowa streets. He has said he has no memory of the event.

After hearing arguments, Judge Robert Fairchild ruled that attorneys for the eight defendants in the case will be allowed to question Orr, but the judge wants a psychologist who has been treating Orr to be present at the deposition.

Both Orr and the wife of a passenger killed in the accident have filed lawsuits against the owners and the driver of the Cat Tracker, claiming they were negligent for allowing people to ride on the vehicle’s upper deck.