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Filing # 135493142 E-Filed 09/28/2021 04:03:22 PM
IN THE CIRCUIT COURT
OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR MARION COUNTY, FLORIDA
CASE No.
19-cA-2760,
MARSHA SUE PTDHERNEY,
Plaintiff,
OUNTY, FLORIDA, a political
n of the State of Florida,
Defendant.
ZOOM DEPOSITION OF: LORENDA PERRY
TAKEN BY: PLAINTIFE
DATE: THURSDAY, AUGUST 5, 2021
rime: 1:02 BAM. =
LOCATION: REMOTE PARTICIPANTS
REPORTED BY: Courtney L, Wear, RMR, CRR
Stenographic Court Reporter
Notary Public, State of Florida
OWEN_& ASSOCIATES COURT REPORTERS
P.O. BOX 157, OCALA, FLORIDA 34478
352.624.2258 owerlassocstacl.com
Direct Examination by Mr. Anderson.
Cross Examination by Mr. Minter
CERTIFICATE OF REPORTER.
CERTIFICATE OF OATH...
ERRATA SHEET Mr. Minter.
NDA PERRY 8-5-2021
3
LNDEX
EXAMINATION OF LORENDA PERRY PAGE
(NO EXHIBITS MARKED)
APPEARANCES:
D. GRAHAM ANDERSON, Esquire (Via Zoom)
BOGIN, MUNNS & MUNNS, P.A,
1390 N. Hancock Road, Suite 201
Clermont, Florida 34711
ganderson@boginmunns.com
cescherr@boginmunns.com
aquintana@boginmunns.com
APPEARING ON BEHALF OF PLAINTIFF
MATTHEW G. MINTER, Esquire (Via Zoom)
WILLIAM HARRIS, Esquire (Via Zoom)
COUNTY ATTORNEY
601 SE 25th Avenue
Ocala, Florida 34471
matthew.minter@marioncountyfl.org
donnita.martin@marioncountyfl.org
APPEARING ON BEHALF OF DEFENDANT
Electronically Filed Marion Case # 19CA002760AX
PROCEEDINGS
THE REPORTER: The attorneys participating in
this deposition acknowledge that I, the court
reporter, am not present with the witness and that I
will be reporting the proceedings and administering
the oath remotely, This arrangement is pursuant to
the Florida Supreme Court Administrative Order No.
AOSC-20-16 (and extended by AOSC-20-17). The
parties and their counsel consent to this
arrangement and waive any objections to this manner
of reporting. Please i
icate your agreement by
stating your name and your agreement on the record.
MR. ANDERSON: Graham Anderson on behalf of
the plaintiff, and I agree.
MR. MINTER: Matthew Minter on behalf of the
defendant and I agree.
THE REPORTER: Raise your right hand.
Do you swear the testimony you're about to
give will be the truth, the whole truth, and nothing
but the truth?
THE WITNESS: Yes, I do.
Whereupon,
LORENDA PERRY,
28/202 W04:03:22:RM having been first duly sworn, was
25
examined and testified as follows:
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08/31/2021 02:44:27 PMPIDNERNEY vs. MARION COUNTY, FL
DEPO OF: LORENDA PERRY 8-5-2021
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1 DIRECT EXAMINATION 1 Q. At the time of this incident, who was your
2 BY MR. ANDERSON: 2 = employer?
3 Q. Mr. Perry, my name is Graham Anderson and I'm 3 A. I was working for Marion County Solid Waste.
4 here today to take your deposition for an auto accident 4 Q. Okay. Did you switch positions to E-1 at any
5 that happened on April 3rd, 2019. 5 time?
6 Do you recall that event? 6 A. Yes. A few months after -- yes, a few months
7 A Yes. 7 after the accident.
8 Q._ Have you ever had your deposition taken 8 Q. So do you no longer work for Marion County?
9 before, sir? 9 A. Correct.
10 A. Probably 20 years ago. 10 Q. So you stopped working for Marion County a
11 Q Okay. Let me go over a couple ground rules to 11. couple months after this accident in April of 2019?
12 help facilitate this process and get you out of here. 12 A. Yes.
13 Okay? 13 Q. What was your position with Marion County when
14 A. Yes. 14 you were working with them at the time of the accident?
15 Q~ Allright. It's very important you let me 15 A. I was Marion County solid waste supervisor.
16 finish my question before you attempt to respond, and 16 Q. Okay. When did you start working for
17 that's not because I think what I'm saying is great, 17 Marion County?
18 it's that we cannot be talking over each other because 18 A. November of 2008.
19 the court reporter's trying to get down everything you 19 Q. You stopped working with them sometime in May
20 and are saying. Okay? 20 or June of 2019?
21 A. Okay. 2 A. Yes. June of 2019.
22 Q._ Also I would ask that you use verbal 22 Q. Why did you stop working with Marion County?
23 responses, so if you happen to give a head nod with your 23 A. Emergency One made me an offer that was a lot
24 mask on I may follow up with is that a yes or no. It's 24 more money. So, you know, for my family I left
25 not that I'm trying to be rude, it's that I need a 25 Marion County and went to work for Emergency One.
6 8
1 verbal response for the record. Okay? 1 Q._ Tunderstand.
2 A. Okay. 2 Did you receive any type of reprimand or
3 Q. Lastly, sir, if you answer my question I'm 3 written warning following this accident?
4 going to presume that you understood it. So I am just 4 A. No.
5 going to keep marching along. The flip side of that is 5 Q. Did this accident play any part in you leaving
6 if you don't understand my question, please let me know 6 Marion County?
7 and I will rephrase it for you. All right? 7 A. No.
8 A. Okay. 8 Q. Okay. Let me go through a little bit of
9 Q@. Could you spell your full name for the record, 9 background here, sir. What's the highest level of
10 sir. 10 education you've received?
11 A. My name is Lorenda Perry, Jr. 1 A. High school diploma.
12 Q. What is your business address? 12 Q. Have you held a driver's license in any other
13 A. 2929 Southwest 57th Avenue, Ocala, Florida. 13 state except Florida?
14 Q. Who is your current employer, sir? 14 A. No.
15 A. Emergency One. 15 Q. Has your driver's license in Florida ever been
16 Qs I'msorry. What? 16 suspended or revoked for any reason?
17 A. E-1. Emergency One. 17 A. No,
18 Q = Okay. And is that Marion County? 18 Q. Okay. Next question I'm going to ask you I
19 A. Yes. 19 ask everyone, I presume the answer is no because you
20 Q._ Is E-1 who you -- I'm sorry? 20 work for the county but I have to ask it anyways. Have
21 MR. MINTER: Graham, I was going to say when 21 you ever been arrested?
22 you said Marion County, that's not a part of 22 A. No,
23 Marion County government. 23 Q. Have you ever been convicted of a felony?
24 MR. ANDERSON: Okay. 24 A. No.
25 BY MR. ANDERSON: 25 Q. Have you ever been convicted of a crime
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2 of 10 sheetsPIDNERNEY vs. MARION COUNTY, FL
DEPO OF: LORENDA PERRY 8-5-2021
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1 involving dishonesty? 1 A. Just an employee.
2 A. No. 2 Q. On what roadway did this accident occur?
3 Q. Allright. This accident happened on 3 A. On Southwest 17th Street.
4 April 3rd of 2019. Do you remember at what time of day 4 Q. Okay. Is that the same as SR-464?
5 this accident occurred? 5 A. Yes.
6 A. Around 1:00. 6 Q. Okay. How many lanes of travel are there on
7 Q. Were you working for Marion County as a 7 464 in each direction?
8 supervisor at the time of this accident? 8 A. That I'm not sure of.
9 A. Yes. 9 Q. Did you have your seatbelt on?
10 Q.__ Inthe ten to 12 hours prior to this accident 10 A. Yes.
11 occurring, had you taken any type of drugs, whether 1 Q. Were you familiar with the area?
12 legal or illegal, or consumed any alcohol? 12 A. Yes.
13 A. No. 13 Q. Had you driven this roadway in the past?
14 Q.___Does your driver's license have any 14 A. Yes.
15 restrictions on it? 15 Q. Do you remember what the speed limit on 464
16 A. No. 16 was where the accident occurred?
17 Q.__ Did your driver's license have any 17 A. I think it's -- just a speculation, 35 miles
18 restrictions on it at the time of the accident? 18 per hour.
19 A. No. 19 Q. Okay. Did this accident happen near an
20 Q. When this accident occurred, and you said it 20 intersection?
21 happened around 1:00 in the morning or afternoon? 2 A. Yes.
22 A. Inthe afternoon. 22 Q. Do you remember the name of the intersection?
23 Q. What was the weather like at the time of the 23 A. No, I don't.
24 accident? 24 Q. Was that intersection controlled by a traffic
25 A. Sunny. 25 light?
10 12
1 Q. So the roads were dry? 1 A. Yes.
2 A. Yes. 2 Q. On 464 is there more than one lane in each
3 Q._ What type of vehicle were you driving? 3° direction?
4 A. I think it was a 2014 Ford -- I think it's 4 A. Yes.
5 called a transit van, very small -- small van. 5 Q. Okay. Do you remember which lane you were
6 Q. Was anybody in the vehicle with you at the 6 traveling in when the accident occurred?
7 time of the accident? 7 A. In the left lane.
8 A. No. 8 Q. The left thru-lane?
9 Q._ Where were you coming from? 9 A. Yes.
10 A. I was coming from the Marion County landfill, | 10 Q.__ In your own words, sir, tell me how this
11 which is where my office is. 11° accident occurred.
12 Q. Where were you going? 12 A. I was traveling west on 464, known as
13 A. I was going to one of the many sites that I 13 17th Street, as well. Traffic was rather heavy at that
14 have to visit in Marion County. 14 moment because it was around 12:00, around 1:00 --
15 Q.___ Did you have a scheduled appointment at one of. 15 between 12 and one. And I was behind a vehicle and all
16 those sites, or was it just a random visit? 16 the traffic came to a stop because the light ahead,
17 A. Just a random visit. 17 which was probably, I don't know how many feet ahead,
18 Q. Okay. Do you remember exactly which site you 18 probably 500 feet, or so, ahead of us, traffic was
19 were going to visit? 19 backed all the way up. I came to a stop behind the
20 A. Yes, it was called the Martel site. 20 vehicle in front of me. As we sat I guess the light
21 Q.___ Did you have a specific time that you were set 21 changed, traffic started to go. This is kind of -- that
22 to be at that site? 22. street kind of is, like, uphill sort of, it's got an
23 A. No. 23 incline in an uphill direction, traveling in that
24 Q. Do you remember who you were going to talk 24 direction. And traffic started to flow forward. I took
25° with? 25 my foot off the brake so my vehicle started to roll
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DEPO OF: LORENDA PERRY 8-5-2021
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1 forward following the vehicle that was in front of me, 1 police and my supervisor to come out and have to look at
2 = and I did take my eyes off of the vehicle in front of me 2 it.
3 for a moment because I had crank-style windows on my 3 Q. Now, you described the impact between the two
4 van, so I went to let the window down for a second and 4 vehicles as light. Correct?
5 the vehicle in front of me came to a stop at that very 5 A. Correct.
6 moment and when I turned around I noticed it was 6 Q. But you felt confident that you made contact
7 stopped, I put my foot on the brake, my vehicle stopped 7 with her vehicle. Correct?
8 but it made contact with the vehicle in front of me. 8 A. Yes.
9 Q = Okay. And I understand that. Do you know how 9 Q. Now, after you spoke with her you told her to
10 fast you were traveling when you rear-ended the vehicle 10 pull into a parking lot. Do you remember the name of.
11 in front of you? 11 the business you asked her to pull into?
12 A. No more than -- no more than five miles per 12 A. We call it the Publix parking lot. There's
13 hour. Between three and five miles per hour. 13 several businesses in there.
14 Q._Do you know that specifically or are you just 14 Q. All right. Who called the police? Did you or
15 estimating? 15 Ms. Pidherney?
16 A. I didn't look at my speedometer, so I'm 16 A. Idid.
17 estimating. 17 Q. Did the police come to the scene?
18 Q~ = Okay. Do you feel my client did anything to 18 A. Yes.
19 contribute to this accident? 19 Q. Did you speak with the police?
20 A. No. 20 A. Yes.
21 Q.__Do you feel you were at fault or responsible 21 Q. After your little exchange with Ms. Pidherney
22 for causing the accident? 22 at the actual scene of the accident, did you have any
23 A. Yes. 23 other conversations with her after you pulled into the
24 Q. After the impact -- describe the impact for 24 =~ Publix parking lot?
25 me. Was it light, moderate or heavy? 25 A. Yes.
14 16
1 A. It was light. 1 Q. Okay. What did that conversation consist of?
2 Q. Were there vehicles stopped in front of my 2 A. To summarize, Ms. Pidherney told me she didn't
3. client when the impact occurred? 3 have time to wait, she had to get back to work, she
4 A. Don't recall. 4 worked at the college, which is not far from where we
5 Q._Do you know if my vehicle -- or my client's 5 were. And that she said she might have -- she might
6 vehicle, was she pushed into the vehicle in front of 6 have an injury, but she was working at home the prior
7 her? 7 weekend and injured her back.
8 A. No. 8 Q. Okay. So did you -- she said that she may be
9 Q@. Did you get out of your vehicle and speak with 9 feeling something from this accident? Is that what you
10 my client following the impact? 10 mean?
11 A. Yes. 1 A. She said she felt something that -- in her
12 Q. Describe that conversation to me. What did it 12. back, but she didn't know if it was from the accident,
13 consist of? 13 or not. She said she did injure her back the weekend
14 A. As soon as I made contact, like I said, I came 14 before at home.
15 toa stop, put my vehicle in park. Stepped out of my 15 Q. Okay. Did she wait for the police to arrive
16 vehicle, walked to the driver's side window of her 16 before she left?
17 vehicle, asked her if she was all right. She said, yes. 17 A. No, she did not.
18 And I looked -- I walked back to look between the two 18 Q. Okay. When the police arrived at the scene --
19 vehicles to see if there was any damage, I didn't notice 19 how long did it take for them to arrive at the scene?
20 any damage. And I asked her if she could pull over -- 20 A. I'd say 15 to 20 minutes.
21 well, I told her I didn't see any damage to her vehicle, 21 Q. You waited for the police to arrive?
22 but if she could pull over to the parking lot, which is 22 A. Yes, I did.
23 acouple hundred feet away, and we had to cross over to | 23 Q. Did the police get a chance to examine or do
24 the right lane to get in there, if she could pull in 24 an estimate to my client's vehicle?
25 there we could exchange information and I would call the | 25 A. No.
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4 of 10 sheetsPIDNERNEY vs. MARION COUNTY, FL
DEPO OF: LORENDA PERRY 8-5-2021
17 19
1 Q. Were you issued a citation for this accident? 1 Q. All right.
2 A. No. 2 A. Yes, she did.
3 Q. Did you take any photographs of either of the 3 Q.__ So she said she wasn't injured but she was
4 vehicles at the scene of the accident? 4 feeling pain?
5 A. No. 5 A. Yes.
6 Q. Do you know if Ms. Pidherney took any 6 Q. Now, you were driving a white transit Ford
7 photographs at the scene of the accident? 7 van, you said?
8 A. She did not, not at the scene. 8 A. Idon't know if transit is the name, but it's
9 Q. So how long would you estimate she waited at 9 avery small van.
10 the scene for the cops to arrive before she left? 30 10 Q@_ Do you know if there was an estimate or a
11 minutes? 11. damage, any type of evaluation that was performed on
12 A. No. 12 that van after this accident?
13 Q.— How long? 13 A. The police made a report, and I think they
14 A. Probably five minutes. 14 estimated -- well, I don't know if they made a monetary
15 Q@.— So you have that she waited five minutes? 15 estimate, but they said they didn't see any damage to my
16 A. That's my estimate, yes. 16 van.
17 Q~~— Okay. So the incident happened in the 17 Q Well, that's a police officer, they're not
18 roadway, you got out of your vehicle, walked up to the 18 really qualified to do that.
19 driver's side of the window, had a brief exchange with 19 So tell me, did any actual appraiser or a
20 her, told her to pull into the Publix parking lot, got 20 vehicle repair shop do any type of estimate on that
21 out of your vehicles, had another exchange, and all of 21 vehicle after it was -- after this incident?
22 that occurred within five minutes? 22 A. No.
23 A. No. 23 Q. Did you report this incident to any of your
24 Q Okay. 24 supervisors?
25 A. The exchange happened at the scene in the 25 A. Yes.
18 20
1 middle of the street, the first, initial exchange 1 Q. Did you call anyone from the scene of the
2 happened in the middle of the street, we stopped there. 2 accident, apart from the police?
3. That's when I asked her to go to the parking lot. When 3 A. Yes.
4 we pulled into the parking lot she did state she had to 4 Q.— Who did you call?
5 goto work, she didn't have time to wait. 5 A. Icalled my manager, George White.
6 Q~ Okay. 6 Q@~ And what did that conversation consist of?
7 A. That occurred -- that was the five minutes. 7 A. I told him I was in an accident, where the
8 Q. Okay. So from the time the impact occurred 8 accident was, and he said he would come to the scene.
9 until she had to leave to go back to work, how long 9 Q. Did Mr. --
10 would you say she was at the scene? 10 A. Go ahead.
11 A. Probably 30 minutes. 1 Q@ Did Mr. White come to the scene?
12 Q. She told you where she was working at that 12 A. Yes, he did.
13 time? 13 Q. Was my client still there when Mr. White
14 A Yes. 14 arrived at the scene of the accident?
15 Q.__ Did you offer to call the paramedics for her 15 A. No.
16 when she told you she was feeling pain? 16 Q@. Okay. Do you know if the police ever reached
17 A. Yes. I mentioned that if she was hurt I could 17 out to my client to give her version of what had
18 call the ambulance, yes. 18 occurred?
19 Q. What did she say when you offered that? 19 A. Ido not know.
20 A. She said, no. 20 @_ Do you know why you were not issued a citation
21 Q Okay. 21 fora rear-end accident?
22 A. She said she wasn't injured at that time. 22 A. There was no damage. They said -- and she was
23 Q. But she told you she was feeling pain. 23 not there. But they said they didn't see any damage
24 = Correct? 24 there on my vehicle, so they didn't think that there was
25 A. Yes. 25 any need.
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DEPO OF: LORENDA PERRY 8-5-2021
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1 Q Well, the damage -- did they know you were a 1 A. Idon't know. I wasn't involved in that.
2 Marion County employee? 2 Q. Okay. Now, you started working for
3 A. I don't know. I can't say they did. I was 3° Marion County in 2008, you said. Correct?
4 driving a Marion County vehicle so I would expect -- 4 A. Correct.
5 QI would assume they did. Correct? 5 Q. Did you have to undergo any type of training
6 A. Right. But this was Ocala Police Department, 6 before they put you behind the wheel of a vehicle?
7 not Marion County Police Department. 7 A. Clarify what you mean by training.
8 Q. Tunderstand. Now, when Mr. White arrived at 8 Q. Was there any type of special training you had
9 the scene, what did he do? 9 to undergo to specifically operate a Marion County
10 A. He also looked my vehicle over and he didn't 10 vehicle?
11. see any damage, either. 1 A. Well, I just want to give you a little
12 Q Neither of you thought to ever take any 12 background there. I was an equipment operator for
13. photographs of the vehicle after this occurred? 13 Marion County, I possess a Class-A CDL.
14 A. No. 14 Q. Okay.
15 Q Do you know if that vehicle was ever involved 15 A. So TI have driven large vehicles for
16 in any other accidents after this impact? 16 Marion County. And, yes, I did go through a road test
17 A. I don't know. 17 when I first started years ago to prove that I could
18 Q Do you know if Marion County still owns this 18 operate equipment. But, you know, I guess for a regular
19 vehicle? 19 vehicle, no, for a Class-E vehicle.
20 A. Idon't know, no, sir. 20 Q. Was there any type of training you underwent
21 Q___Do you know if that vehicle is in the same 21 on how to respond to an accident? Say you're involved
22 condition it was after this impact occurred, today? 22 in an accident, was there any specialty training you
23 A. I don't know. 23 received on how to respond to that?
24 Q. Who would I talk to to find out how to 24 A. Yes.
25 inspector look at that vehicle? 25 Q.__ And what did that entail? What are you
22 24
1 A. Contact George White. 1 supposed to do when you're involved in an accident?
2 Q ~~ Does Mr. White still work for Marion County? 2 A. There's protocol. We have to -- and this is
3 A. Yes. 3 looking back. But we have to -- first we call -- if
4 Q = Okay. Did Mr. White -- now, so you said he 4 anyone's injured we call 911 immediately. Secondly we
5 got to the scene, he spoke with you, he spoke with the 5 call Risk, which is our insurance agency, then we
6 officers, as well, you said. Correct? 6 contact a supervisor to come to the scene.
7 A. Yes. 7 Q. Once the supervisor comes to the scene you
8 Q. Did he do any type of investigation apart from 8 kind of hand it off to that person?
9 just looking at the front of your vehicle? Did he do 9 A. Yes.
10 anything else? 10 Q. Now, you've been a supervisor yourself.
11 A. Idon't know. 11 Correct?
12 Q ~~ Were you sent to an ER facility to get a drug 12 A. Yes.
13 test? 13 Q. So you've been called to accident scenes where
14 A. No. 14 other employees were involved in it. Correct?
15 Q Is there a protocol with Marion County that if 15 A. Not vehicle accidents, I've never been to one
16 you're involved in a incident that there's a mandatory 16 of those. But, yes, other accidents not involving
17 drug test that's to be completed after? 17 vehicles.
18 A. I think there is a monetary -- I think there's 18 Q. Assuming there was a vehicle accident and you
19 a monetary amount that it has to reach before you have | 19 were called to the scene as a supervisor, what are you
20 to go for a drug test. 20 supposed to do in your supervisory role?
21 @Q. Do you have any idea how much damage was done | 21 A. Asa supervisor I'm called to the scene, I ask
22 to Ms. Pidherney's car, or what it cost to fix it? 22_ if there's any injuries, if there are I ask if 911 was
23 A. No, I don't. 23 called, if it was necessary. Then I write a report, an
24 Q_ Did anyone at your office find that out in 24 incident report. And if there's any damage to the
25 making that assessment? 25 vehicles I make sure that the driver of the vehicle goes
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6 of 10 sheetsPIDNERNEY vs. MARION COUNTY, FL
DEPO OF: LORENDA PERRY 8-5-2021
25 27
1 for a drug test. 1 Correct?
2 QQ. Okay. Do you know if Mr. White filled out a 2 A. So that being -- what you just said, I can't
3 report following this incident? 3 say correct to that because he didn't need to.
4 A. Idon't. 4 Ms. Pidherney sent us pictures of her vehicle.
5 Q. Do you know if Mr. White reached out to my 5 Q. Okay. But what about of your vehicle, did he
6 client to get her version of what had occurred? 6 take any photographs ever of your vehicle following the
7 A. No, I don't. 7 impact?
8 Q._Do you know if Mr. White interviewed any 8 A. No, he did not. He saw it visually.
9 witnesses to this incident? 9 Q. Okay. And Ms. Pidherney, did she send those
10 A. No, I don't. 10 to you, the photographs, or did she send those to the
11 Q. Do you know if Mr. White, himself, went to 11 police officers?
12 examine the damage to my client's vehicle to assure that 12 A. She sent the photographs to me.
13 it was under the threshold to send you for a drug test? 13 Q. She texted them to your personal number?
14 A. Yes, he tried. He came to the scene of the 14 A. Yes.
15 accident and she wasn't there. 15 Q. Do you still have those photographs?
16 Q. Okay. Well, that's different than what I just 16 A. No.
17 asked you. 17 Q. She texted them to your own personal cell
18 Do you know if Mr. White actually made contact 18 phone?
19 with Ms. Pidherney, examined her vehicle and determined 19 A. Yes.
20 that the damage was minor enough that you not be sent 20 Q. How many photographs did she text to you?
21 fora drug test? 2 A. I think at the time -- I think there were
22 A. No, I don't. 22. +three.
23 Q. Okay. And Mr. White did not ever send you for 23 Q.. Did you relay those photographs to Mr. White?
24 adrug test. Correct? 24 A. At the time -- I think I put them in a file.
25 A. That's correct. 25 I didn't give them directly to Mr. White.
26 28
1 Q. Soin your opinion as a supervisor -- and I 1 Q. So how did Mr. White ever determine that the
2 know you don't work for Marion County anymore -- but at 2 damage wasn't sufficient enough to send you for a drug
3 the time of this incident, did Mr. White follow 3 test?
4 protocol? 4 A. He just -- I don't know, he just looked at my
5 A. Yes, I think he did. 5 vehicle.
6 Q. Okay. It seems like to me, and maybe I'm 6 Q. He just took your word for it. Right?
7 wrong, he left out about three steps. Correct? 7 A. No, I think he looked at my vehicle.
8 A. Idon't see the steps. Maybe you can explain| 8 Q. You've been in an accident -- have you ever
9 what you mean. 9 been in an accident where one vehicle just looks
10 Q. Okay. Well, I'll give you a hypothetical. 10 completely mangled and the other has nothing to it
11 You being a supervisor, it means you supervise over 11 whatsoever?
12 other people. Correct? 12 A. No, I haven't.
13 A. Yes. 13 Q. Do you agree with me that's possible?
14 Q. And when you get to the scene of the accident 14 A. No, I don't.
15 you don't just take your employee's word for it, you go 15 Q. Okay. Soin your view, if one vehicle shows
16 and conduct an investigation because that's what a 16 little to no damage, that means the other one must
17 supervisor does. Correct? 17 mirror or be identically the same?
18 A. Linvestigate what's at the scene, yes. 18 A. No, I didn't say that.
19 Q. Okay. Mr. White did not do that? 19 Q. Did you have a cell phone with you at the time
20 A. He investigated what was at the scene, yes. | 20 of this accident?
21 Q. He investigated you at the scene. Correct? 21 A. Yes.
22 A. That's what was at the scene, yes. 22 Q. Did you have -- how did you -- what was the
23 Q. And as far as you know he did not actually 23 setup inside the van? Did you have a laptop in there,
24 take any written documentation or photographic 24 an iPad that told you what jobs to go to?
25 documentation to support any of his findings whatsoever. 25 A. No. No, I did not.
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1 Q = Okay. Were you listening to the radio at the 1. send them for a drug test. I don't know the monetary --
2 time of the incident? 2 Q. Now, you reviewed the back of Ms. Pidherney's
3 A. No, I wasn't. 3 vehicle at the scene of the accident. Correct?
4 Q ~~ Were you talking or texting on your phone at 4 A. Yes, I did.
5 the time of the accident? 5 Q. There was visible damage to the back of her
6 A. No, I wasn't. 6 car. Correct?
7 Q Now, the pictures that Ms. Pidherney texted to 7 A. Ican't say that came from that. There was no
8 you, was this to a Marion County phone or was this to 8 damage, it was just cracked paint.
9 your personal phone? 9 Q. Okay. That is visible damage from the
10 A. It was to my personal phone. 10 incident. Correct?
11 Q = Okay. 1 A. I can't say it was from the incident. I did
12 MR. ANDERSON: If we can go off the record 12 see cracked paint.
13 for a second. 13 Q. But you would agree with me your vehicle came
14 (Off-the-record discussions.) 14 in contact with her vehicle. Correct?
15 MR. ANDERSON: Back on the record. 15 A. Correct.
16 BY MR. ANDERSON: 16 Q. Do you have any other explanation as to why
17 Q~~ Who was your carrier at the time of the 17 the vehicle on the rear end of hers would be cracked
18 incident? 18 immediately after you hit her?
19 A. It was Sprint. 19 A. No, sir.
20 QQ And the plan would have been under your name? 20 MR. MINTER: Objection; calls for
21 A. Yes. 2 speculation.
22 Q So if I obtain your cell phone records from 22. BY MR. ANDERSON:
23 Sprint at the time of the accident, it will show you 23 Q.._Do you know if her vehicle was involved in any
24 were using absolutely no data at the time of the 24 other accidents prior to this one?
25 accident. Correct? 25 A. No,I do not.
30 32
1 A. That's correct. 1 Q. Did you ask her that after this accident
2 Q ~~ And then after this incident, how many -- did 2 happened?
3. she text you the photographs of her vehicle the same day 3 A. No.
4 of the incident or days after the incident? 4 Q. Allright. Is the reason you weren't sent for
5 A. Same day. 5 a drug test is because you were a supervisor?
6 Q Later on -- like, what time of day did she 6 A. No.
7 text them to you? 7 Q. It wasn't -- how long had you worked with
8 A. Approximately five or six p.m. 8 Mr. White?
9 Q@ ~~ And you never showed those photographs to 9 A. He was a new manager there. I can't say, but
10. Mr. White? 10 not very long.
11 A. No, I didn't. 1 Q. Did anyone else come to the scene of the
12 Q. Just so that we have it clear, the protocol of 12. accident to look at this?
13 Marion County -- and you were a supervisor so you know 13 A. The police.
14 this -- at the time of the incident is that if one of 14 Q. Apart from the police and Mr. White, anybody
15 your employees was involved in an incident, you are, 15 else?
16 one, to show up at the scene. Correct? 16 A. I can't really remember. I think Risk,
17 A. Yes. 17 Richard Dennis may have come to the scene.
18 Q You then take a written statement from your 18 Q. Richard Dennis?
19 employee, and I guess the other person if you're able to 19 A. Ithink so, yeah. I can't say for sure he
20 doso. You take pictures of the evidence so that you 20 came, of course, it was a while ago, over a year ago,
21 = can document the file. And then you send said employee 21° so...
22 to get drug tested if the damage exceeds $500. Correct? 22 Q. Was my client still there when Mr. Dennis came
23 A. No. I don't know what the monetary amount of | 23 __ to the scene?
24 the damage is. But at the time I don't remember what it | 24 A. No.
25 was, but if there was enough damage there, yes, I did 25 Q. Do you remember any of the conversation that
08/31/2021 02:44:27 PM
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8 of 10 sheetsPIDNERNEY vs. MARION COUNTY, FL
DEPO OF: LORENDA PERRY 8-5-2021
33, 35
1 you had with Mr. Dennis at the scene? 1 MR. ANDERSON: Form.
2 A. No, Ido not. 2 BY MR. MINTER:
3 Q. Do you know if he took any photographs or any 3 Q. And what was your response to that?
4 statements or anything while you were at the scene? 4 A. No.
5 A. No, Ido not. 5 MR. ANDERSON: Form.
6 Q. Were you injured in this accident? 6 THE WITNESS: No, I wasn't.
7 A. No, sir. 7 BY MR. MINTER:
8 Q. Did you have your seatbelt on at the time of 8 Q. And did he ask you to perform any kind of
9 the accident? 9 field sobriety test?
10 A. Yes, sir. 10 A. No.
11 Q. Just so we have it clear, you were driving in 1 Q. Did he do anything else as a police officer to
12 traffic that was stop and go, you said it was heavy. 12 ascertain whether you were under the influence of any
13 You looked over because you had manual windows, so you | 13 kind of medication or alcohol?
14 were rolling up the window, and when you looked backed 14 A. No, he did not.
15 you noticed my client's vehicle was stopped when you 15 MR. MINTER: That's all.
16 rear-ended her. Correct? 16 MR. ANDERSON: Obviously there's an accident
17 A. Yes. 17 report privilege, but I don't have any other
18 Q. Is there anything else about this accident 18 questions.
19 that you recall that you and I have not discussed? 19 Do you want to ask him if he wants to read or
20 A. No. 20 waive?
21 Q. Have you spoken with Ms. Pidherney at all 21 MR. MINTER: Hold on just a second. Can we
22 since this accident occurred? 22 take a quick break? Going to use another room --
23 A. Just the evening of. 23 MR. ANDERSON: If you guys said you were done
24 Q. Do you have any idea how this has impacted her | 24 with questioning -- you still may have questions?
25 or what type of treatment she's undergone, or anything 25 MR. MINTER: Well, Mr. Harris indicated that
34 36
1 of that sort? 1 he might have something I should cover, so --
2 A. No. 2 MR. ANDERSON: All right. We'll sit tight.
3 Q. And do you have any type of medical training, 3 (Break taken.)
4° sir? 4 MR. MINTER: Nothing further from us.
5 A. No. 5 Mr. Perry, if your deposition is transcribed into a
6 Q. Soin the total time you saw Ms. Pidherney 6 written form by the court reporter you have the
7 visibly with your eyes after this incident occurred, you 7 right to read it to make sure there's no
8 would say it would be a total of about 30 minutes. 8 typographical errors or even substantive errors, in
9 Correct? 9 which case you can make a notation on that. Or you
10 A. Yes, roughly. 10 can waive reading of your deposition. I would
11 MR. ANDERSON: All right, sir, I have no 1 recommend to you to tell the court reporter you
12 further questions. 12 would like to read it.
13 MR. MINTER: I have one or two I would like 13 THE WITNESS: Yes, I would like to read it.
14 to ask. 14 THE REPORTER: Hold it for now?
15 CROSS EXAMINATION 15 MR. MINTER: Hold it for now from us, yes.
16 BY MR. MINTER: 16 MR. ANDERSON: Yeah, I am not going to order
17 Q. Mr. Perry, you indicated that at least someone 17 at this time. I'll let you know if I'm going to get
18 from Ocala Police came? 18 it.
19 A. Yes. 19 THE REPORTER: Thank you, guys. Bye.
20 Q._ And did the policeman who was there, did he 20 (This proceeding concluded at 1:37 p.m.)
21 speak to you face-to-face? 21
22 A. Yes. 22
23 Q. And did he ask you whether you were under the | 23
24 influence of any substance of any kind? 24
25 A. Yes. 25
9 of 10 sheets
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08/31/2021 02:44:27 PMPIDNERNEY vs. MARION COUNTY, FL
DEPO OF: LORENDA PERRY 8-5-2021
37
1 CERTIFICATE OF REPORTER 39
2 1 ERRATA SHEET
3 STATE OF FLORIDA } 2 DO _NOT WRITE ON TRANSCRIPT -- ENTER CHANGES HERE
4 COUNTY OF MARION } 3 IN RE: PIDHERNEY,v- NARTON COUNTY
5 I, COURTNEY L. WEAR, RMR, CRR, do hereby ‘ Depost
6 certify that I was authorized to and did Pleage signs datoy and return thig sheet to
1 nal lings are required for
7 stenographically report the foregoing Zoom deposition of 7 sdditional sheets. “
8 LORENDA PERRY; that a review of the transcript was a ME CHANGE
9 requested; and that the foregoing transcript, pages 5 °
10 through 36, is a true record of my stenographic notes, 10
1 I FURTHER CERTIFY that I am not a relative, u
12 employee, attorney or counsel of any of the parties’, 2
13 nor am 1 a relative or employee of any of the parties’ 1
14 attorneys or counsel with the action, nor am I 15
15 financially interested in the action. 16
16 Signed this day of 8-31-2021, Marion County, v7
17 Florida. *
19
18 30
19 21 Under penalty of perjury, I declare that I have read my
20 22. Shy changes in for of substance sntered here
21 23
22 /s/ Courtney L. Wear 24 DATE: LORENDA PERRY
COURTNEY L. WEAR, RMR, CRR iad
23
24
25
38
1 CERTIFICATE OF OATH
2
3 STATE OF FLORIDA}
4 COUNTY OF MARION}
5 I, COURTNEY L. WEAR, Registered Merit
6 Reporter, Certified Realtime Reporter, a Notary Public
7 for the State of Florida, and Court Reporter, certify
8 that the witness, LORENDA PERRY, personally appeared
9 before me this day of 8-5-2021 and was duly sworn.
10 WITNESS my hand and official seal this day
11 of 8-31-2021.
12
13 Identification: FL Driver's License
14
15
16
17 Ls/ Courtney L. Wear.
COURTNEY L. WEAR
18 Notary Public-State of Florida
Comm No: GG 260936
19
20 Comm. Expires: December 12, 2022
21
22
23
24
25
08/31/2021 02:44:27 PM
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10 of 10 sheets
Preview
Filing # 135493142 E-Filed 09/28/2021 04:03:22 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA CASE No. 19-cA-2760, MARSHA SUE PTDHERNEY, Plaintiff, OUNTY, FLORIDA, a political n of the State of Florida, Defendant. ZOOM DEPOSITION OF: LORENDA PERRY TAKEN BY: PLAINTIFE DATE: THURSDAY, AUGUST 5, 2021 rime: 1:02 BAM. = LOCATION: REMOTE PARTICIPANTS REPORTED BY: Courtney L, Wear, RMR, CRR Stenographic Court Reporter Notary Public, State of Florida OWEN_& ASSOCIATES COURT REPORTERS P.O. BOX 157, OCALA, FLORIDA 34478 352.624.2258 owerlassocstacl.com Direct Examination by Mr. Anderson. Cross Examination by Mr. Minter CERTIFICATE OF REPORTER. CERTIFICATE OF OATH... ERRATA SHEET Mr. Minter. NDA PERRY 8-5-2021 3 LNDEX EXAMINATION OF LORENDA PERRY PAGE (NO EXHIBITS MARKED) APPEARANCES: D. GRAHAM ANDERSON, Esquire (Via Zoom) BOGIN, MUNNS & MUNNS, P.A, 1390 N. Hancock Road, Suite 201 Clermont, Florida 34711 ganderson@boginmunns.com cescherr@boginmunns.com aquintana@boginmunns.com APPEARING ON BEHALF OF PLAINTIFF MATTHEW G. MINTER, Esquire (Via Zoom) WILLIAM HARRIS, Esquire (Via Zoom) COUNTY ATTORNEY 601 SE 25th Avenue Ocala, Florida 34471 matthew.minter@marioncountyfl.org donnita.martin@marioncountyfl.org APPEARING ON BEHALF OF DEFENDANT Electronically Filed Marion Case # 19CA002760AX PROCEEDINGS THE REPORTER: The attorneys participating in this deposition acknowledge that I, the court reporter, am not present with the witness and that I will be reporting the proceedings and administering the oath remotely, This arrangement is pursuant to the Florida Supreme Court Administrative Order No. AOSC-20-16 (and extended by AOSC-20-17). The parties and their counsel consent to this arrangement and waive any objections to this manner of reporting. Please i icate your agreement by stating your name and your agreement on the record. MR. ANDERSON: Graham Anderson on behalf of the plaintiff, and I agree. MR. MINTER: Matthew Minter on behalf of the defendant and I agree. THE REPORTER: Raise your right hand. Do you swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? THE WITNESS: Yes, I do. Whereupon, LORENDA PERRY, 28/202 W04:03:22:RM having been first duly sworn, was 25 examined and testified as follows: 1 of 10 sheets Page 1 to 4 of 39 08/31/2021 02:44:27 PMPIDNERNEY vs. MARION COUNTY, FL DEPO OF: LORENDA PERRY 8-5-2021 5 7 1 DIRECT EXAMINATION 1 Q. At the time of this incident, who was your 2 BY MR. ANDERSON: 2 = employer? 3 Q. Mr. Perry, my name is Graham Anderson and I'm 3 A. I was working for Marion County Solid Waste. 4 here today to take your deposition for an auto accident 4 Q. Okay. Did you switch positions to E-1 at any 5 that happened on April 3rd, 2019. 5 time? 6 Do you recall that event? 6 A. Yes. A few months after -- yes, a few months 7 A Yes. 7 after the accident. 8 Q._ Have you ever had your deposition taken 8 Q. So do you no longer work for Marion County? 9 before, sir? 9 A. Correct. 10 A. Probably 20 years ago. 10 Q. So you stopped working for Marion County a 11 Q Okay. Let me go over a couple ground rules to 11. couple months after this accident in April of 2019? 12 help facilitate this process and get you out of here. 12 A. Yes. 13 Okay? 13 Q. What was your position with Marion County when 14 A. Yes. 14 you were working with them at the time of the accident? 15 Q~ Allright. It's very important you let me 15 A. I was Marion County solid waste supervisor. 16 finish my question before you attempt to respond, and 16 Q. Okay. When did you start working for 17 that's not because I think what I'm saying is great, 17 Marion County? 18 it's that we cannot be talking over each other because 18 A. November of 2008. 19 the court reporter's trying to get down everything you 19 Q. You stopped working with them sometime in May 20 and are saying. Okay? 20 or June of 2019? 21 A. Okay. 2 A. Yes. June of 2019. 22 Q._ Also I would ask that you use verbal 22 Q. Why did you stop working with Marion County? 23 responses, so if you happen to give a head nod with your 23 A. Emergency One made me an offer that was a lot 24 mask on I may follow up with is that a yes or no. It's 24 more money. So, you know, for my family I left 25 not that I'm trying to be rude, it's that I need a 25 Marion County and went to work for Emergency One. 6 8 1 verbal response for the record. Okay? 1 Q._ Tunderstand. 2 A. Okay. 2 Did you receive any type of reprimand or 3 Q. Lastly, sir, if you answer my question I'm 3 written warning following this accident? 4 going to presume that you understood it. So I am just 4 A. No. 5 going to keep marching along. The flip side of that is 5 Q. Did this accident play any part in you leaving 6 if you don't understand my question, please let me know 6 Marion County? 7 and I will rephrase it for you. All right? 7 A. No. 8 A. Okay. 8 Q. Okay. Let me go through a little bit of 9 Q@. Could you spell your full name for the record, 9 background here, sir. What's the highest level of 10 sir. 10 education you've received? 11 A. My name is Lorenda Perry, Jr. 1 A. High school diploma. 12 Q. What is your business address? 12 Q. Have you held a driver's license in any other 13 A. 2929 Southwest 57th Avenue, Ocala, Florida. 13 state except Florida? 14 Q. Who is your current employer, sir? 14 A. No. 15 A. Emergency One. 15 Q. Has your driver's license in Florida ever been 16 Qs I'msorry. What? 16 suspended or revoked for any reason? 17 A. E-1. Emergency One. 17 A. No, 18 Q = Okay. And is that Marion County? 18 Q. Okay. Next question I'm going to ask you I 19 A. Yes. 19 ask everyone, I presume the answer is no because you 20 Q._ Is E-1 who you -- I'm sorry? 20 work for the county but I have to ask it anyways. Have 21 MR. MINTER: Graham, I was going to say when 21 you ever been arrested? 22 you said Marion County, that's not a part of 22 A. No, 23 Marion County government. 23 Q. Have you ever been convicted of a felony? 24 MR. ANDERSON: Okay. 24 A. No. 25 BY MR. ANDERSON: 25 Q. Have you ever been convicted of a crime 08/31/2021 02:44:27 PM Page 5 to 8 of 39 2 of 10 sheetsPIDNERNEY vs. MARION COUNTY, FL DEPO OF: LORENDA PERRY 8-5-2021 9 11 1 involving dishonesty? 1 A. Just an employee. 2 A. No. 2 Q. On what roadway did this accident occur? 3 Q. Allright. This accident happened on 3 A. On Southwest 17th Street. 4 April 3rd of 2019. Do you remember at what time of day 4 Q. Okay. Is that the same as SR-464? 5 this accident occurred? 5 A. Yes. 6 A. Around 1:00. 6 Q. Okay. How many lanes of travel are there on 7 Q. Were you working for Marion County as a 7 464 in each direction? 8 supervisor at the time of this accident? 8 A. That I'm not sure of. 9 A. Yes. 9 Q. Did you have your seatbelt on? 10 Q.__ Inthe ten to 12 hours prior to this accident 10 A. Yes. 11 occurring, had you taken any type of drugs, whether 1 Q. Were you familiar with the area? 12 legal or illegal, or consumed any alcohol? 12 A. Yes. 13 A. No. 13 Q. Had you driven this roadway in the past? 14 Q.___Does your driver's license have any 14 A. Yes. 15 restrictions on it? 15 Q. Do you remember what the speed limit on 464 16 A. No. 16 was where the accident occurred? 17 Q.__ Did your driver's license have any 17 A. I think it's -- just a speculation, 35 miles 18 restrictions on it at the time of the accident? 18 per hour. 19 A. No. 19 Q. Okay. Did this accident happen near an 20 Q. When this accident occurred, and you said it 20 intersection? 21 happened around 1:00 in the morning or afternoon? 2 A. Yes. 22 A. Inthe afternoon. 22 Q. Do you remember the name of the intersection? 23 Q. What was the weather like at the time of the 23 A. No, I don't. 24 accident? 24 Q. Was that intersection controlled by a traffic 25 A. Sunny. 25 light? 10 12 1 Q. So the roads were dry? 1 A. Yes. 2 A. Yes. 2 Q. On 464 is there more than one lane in each 3 Q._ What type of vehicle were you driving? 3° direction? 4 A. I think it was a 2014 Ford -- I think it's 4 A. Yes. 5 called a transit van, very small -- small van. 5 Q. Okay. Do you remember which lane you were 6 Q. Was anybody in the vehicle with you at the 6 traveling in when the accident occurred? 7 time of the accident? 7 A. In the left lane. 8 A. No. 8 Q. The left thru-lane? 9 Q._ Where were you coming from? 9 A. Yes. 10 A. I was coming from the Marion County landfill, | 10 Q.__ In your own words, sir, tell me how this 11 which is where my office is. 11° accident occurred. 12 Q. Where were you going? 12 A. I was traveling west on 464, known as 13 A. I was going to one of the many sites that I 13 17th Street, as well. Traffic was rather heavy at that 14 have to visit in Marion County. 14 moment because it was around 12:00, around 1:00 -- 15 Q.___ Did you have a scheduled appointment at one of. 15 between 12 and one. And I was behind a vehicle and all 16 those sites, or was it just a random visit? 16 the traffic came to a stop because the light ahead, 17 A. Just a random visit. 17 which was probably, I don't know how many feet ahead, 18 Q. Okay. Do you remember exactly which site you 18 probably 500 feet, or so, ahead of us, traffic was 19 were going to visit? 19 backed all the way up. I came to a stop behind the 20 A. Yes, it was called the Martel site. 20 vehicle in front of me. As we sat I guess the light 21 Q.___ Did you have a specific time that you were set 21 changed, traffic started to go. This is kind of -- that 22 to be at that site? 22. street kind of is, like, uphill sort of, it's got an 23 A. No. 23 incline in an uphill direction, traveling in that 24 Q. Do you remember who you were going to talk 24 direction. And traffic started to flow forward. I took 25° with? 25 my foot off the brake so my vehicle started to roll 3 of 10 sheets Page 9 to 12 of 39 08/31/2021 02:44:27 PMPIDNERNEY vs. MARION COUNTY, FL DEPO OF: LORENDA PERRY 8-5-2021 13 15 1 forward following the vehicle that was in front of me, 1 police and my supervisor to come out and have to look at 2 = and I did take my eyes off of the vehicle in front of me 2 it. 3 for a moment because I had crank-style windows on my 3 Q. Now, you described the impact between the two 4 van, so I went to let the window down for a second and 4 vehicles as light. Correct? 5 the vehicle in front of me came to a stop at that very 5 A. Correct. 6 moment and when I turned around I noticed it was 6 Q. But you felt confident that you made contact 7 stopped, I put my foot on the brake, my vehicle stopped 7 with her vehicle. Correct? 8 but it made contact with the vehicle in front of me. 8 A. Yes. 9 Q = Okay. And I understand that. Do you know how 9 Q. Now, after you spoke with her you told her to 10 fast you were traveling when you rear-ended the vehicle 10 pull into a parking lot. Do you remember the name of. 11 in front of you? 11 the business you asked her to pull into? 12 A. No more than -- no more than five miles per 12 A. We call it the Publix parking lot. There's 13 hour. Between three and five miles per hour. 13 several businesses in there. 14 Q._Do you know that specifically or are you just 14 Q. All right. Who called the police? Did you or 15 estimating? 15 Ms. Pidherney? 16 A. I didn't look at my speedometer, so I'm 16 A. Idid. 17 estimating. 17 Q. Did the police come to the scene? 18 Q~ = Okay. Do you feel my client did anything to 18 A. Yes. 19 contribute to this accident? 19 Q. Did you speak with the police? 20 A. No. 20 A. Yes. 21 Q.__Do you feel you were at fault or responsible 21 Q. After your little exchange with Ms. Pidherney 22 for causing the accident? 22 at the actual scene of the accident, did you have any 23 A. Yes. 23 other conversations with her after you pulled into the 24 Q. After the impact -- describe the impact for 24 =~ Publix parking lot? 25 me. Was it light, moderate or heavy? 25 A. Yes. 14 16 1 A. It was light. 1 Q. Okay. What did that conversation consist of? 2 Q. Were there vehicles stopped in front of my 2 A. To summarize, Ms. Pidherney told me she didn't 3. client when the impact occurred? 3 have time to wait, she had to get back to work, she 4 A. Don't recall. 4 worked at the college, which is not far from where we 5 Q._Do you know if my vehicle -- or my client's 5 were. And that she said she might have -- she might 6 vehicle, was she pushed into the vehicle in front of 6 have an injury, but she was working at home the prior 7 her? 7 weekend and injured her back. 8 A. No. 8 Q. Okay. So did you -- she said that she may be 9 Q@. Did you get out of your vehicle and speak with 9 feeling something from this accident? Is that what you 10 my client following the impact? 10 mean? 11 A. Yes. 1 A. She said she felt something that -- in her 12 Q. Describe that conversation to me. What did it 12. back, but she didn't know if it was from the accident, 13 consist of? 13 or not. She said she did injure her back the weekend 14 A. As soon as I made contact, like I said, I came 14 before at home. 15 toa stop, put my vehicle in park. Stepped out of my 15 Q. Okay. Did she wait for the police to arrive 16 vehicle, walked to the driver's side window of her 16 before she left? 17 vehicle, asked her if she was all right. She said, yes. 17 A. No, she did not. 18 And I looked -- I walked back to look between the two 18 Q. Okay. When the police arrived at the scene -- 19 vehicles to see if there was any damage, I didn't notice 19 how long did it take for them to arrive at the scene? 20 any damage. And I asked her if she could pull over -- 20 A. I'd say 15 to 20 minutes. 21 well, I told her I didn't see any damage to her vehicle, 21 Q. You waited for the police to arrive? 22 but if she could pull over to the parking lot, which is 22 A. Yes, I did. 23 acouple hundred feet away, and we had to cross over to | 23 Q. Did the police get a chance to examine or do 24 the right lane to get in there, if she could pull in 24 an estimate to my client's vehicle? 25 there we could exchange information and I would call the | 25 A. No. 08/31/2021 02:44:27 PM Page 13 to 16 of 39 4 of 10 sheetsPIDNERNEY vs. MARION COUNTY, FL DEPO OF: LORENDA PERRY 8-5-2021 17 19 1 Q. Were you issued a citation for this accident? 1 Q. All right. 2 A. No. 2 A. Yes, she did. 3 Q. Did you take any photographs of either of the 3 Q.__ So she said she wasn't injured but she was 4 vehicles at the scene of the accident? 4 feeling pain? 5 A. No. 5 A. Yes. 6 Q. Do you know if Ms. Pidherney took any 6 Q. Now, you were driving a white transit Ford 7 photographs at the scene of the accident? 7 van, you said? 8 A. She did not, not at the scene. 8 A. Idon't know if transit is the name, but it's 9 Q. So how long would you estimate she waited at 9 avery small van. 10 the scene for the cops to arrive before she left? 30 10 Q@_ Do you know if there was an estimate or a 11 minutes? 11. damage, any type of evaluation that was performed on 12 A. No. 12 that van after this accident? 13 Q.— How long? 13 A. The police made a report, and I think they 14 A. Probably five minutes. 14 estimated -- well, I don't know if they made a monetary 15 Q@.— So you have that she waited five minutes? 15 estimate, but they said they didn't see any damage to my 16 A. That's my estimate, yes. 16 van. 17 Q~~— Okay. So the incident happened in the 17 Q Well, that's a police officer, they're not 18 roadway, you got out of your vehicle, walked up to the 18 really qualified to do that. 19 driver's side of the window, had a brief exchange with 19 So tell me, did any actual appraiser or a 20 her, told her to pull into the Publix parking lot, got 20 vehicle repair shop do any type of estimate on that 21 out of your vehicles, had another exchange, and all of 21 vehicle after it was -- after this incident? 22 that occurred within five minutes? 22 A. No. 23 A. No. 23 Q. Did you report this incident to any of your 24 Q Okay. 24 supervisors? 25 A. The exchange happened at the scene in the 25 A. Yes. 18 20 1 middle of the street, the first, initial exchange 1 Q. Did you call anyone from the scene of the 2 happened in the middle of the street, we stopped there. 2 accident, apart from the police? 3. That's when I asked her to go to the parking lot. When 3 A. Yes. 4 we pulled into the parking lot she did state she had to 4 Q.— Who did you call? 5 goto work, she didn't have time to wait. 5 A. Icalled my manager, George White. 6 Q~ Okay. 6 Q@~ And what did that conversation consist of? 7 A. That occurred -- that was the five minutes. 7 A. I told him I was in an accident, where the 8 Q. Okay. So from the time the impact occurred 8 accident was, and he said he would come to the scene. 9 until she had to leave to go back to work, how long 9 Q. Did Mr. -- 10 would you say she was at the scene? 10 A. Go ahead. 11 A. Probably 30 minutes. 1 Q@ Did Mr. White come to the scene? 12 Q. She told you where she was working at that 12 A. Yes, he did. 13 time? 13 Q. Was my client still there when Mr. White 14 A Yes. 14 arrived at the scene of the accident? 15 Q.__ Did you offer to call the paramedics for her 15 A. No. 16 when she told you she was feeling pain? 16 Q@. Okay. Do you know if the police ever reached 17 A. Yes. I mentioned that if she was hurt I could 17 out to my client to give her version of what had 18 call the ambulance, yes. 18 occurred? 19 Q. What did she say when you offered that? 19 A. Ido not know. 20 A. She said, no. 20 @_ Do you know why you were not issued a citation 21 Q Okay. 21 fora rear-end accident? 22 A. She said she wasn't injured at that time. 22 A. There was no damage. They said -- and she was 23 Q. But she told you she was feeling pain. 23 not there. But they said they didn't see any damage 24 = Correct? 24 there on my vehicle, so they didn't think that there was 25 A. Yes. 25 any need. 5 of 10 sheets Page 17 to 20 of 39 08/31/2021 02:44:27 PMPIDNERNEY vs. MARION COUNTY, FL DEPO OF: LORENDA PERRY 8-5-2021 21 23 1 Q Well, the damage -- did they know you were a 1 A. Idon't know. I wasn't involved in that. 2 Marion County employee? 2 Q. Okay. Now, you started working for 3 A. I don't know. I can't say they did. I was 3° Marion County in 2008, you said. Correct? 4 driving a Marion County vehicle so I would expect -- 4 A. Correct. 5 QI would assume they did. Correct? 5 Q. Did you have to undergo any type of training 6 A. Right. But this was Ocala Police Department, 6 before they put you behind the wheel of a vehicle? 7 not Marion County Police Department. 7 A. Clarify what you mean by training. 8 Q. Tunderstand. Now, when Mr. White arrived at 8 Q. Was there any type of special training you had 9 the scene, what did he do? 9 to undergo to specifically operate a Marion County 10 A. He also looked my vehicle over and he didn't 10 vehicle? 11. see any damage, either. 1 A. Well, I just want to give you a little 12 Q Neither of you thought to ever take any 12 background there. I was an equipment operator for 13. photographs of the vehicle after this occurred? 13 Marion County, I possess a Class-A CDL. 14 A. No. 14 Q. Okay. 15 Q Do you know if that vehicle was ever involved 15 A. So TI have driven large vehicles for 16 in any other accidents after this impact? 16 Marion County. And, yes, I did go through a road test 17 A. I don't know. 17 when I first started years ago to prove that I could 18 Q Do you know if Marion County still owns this 18 operate equipment. But, you know, I guess for a regular 19 vehicle? 19 vehicle, no, for a Class-E vehicle. 20 A. Idon't know, no, sir. 20 Q. Was there any type of training you underwent 21 Q___Do you know if that vehicle is in the same 21 on how to respond to an accident? Say you're involved 22 condition it was after this impact occurred, today? 22 in an accident, was there any specialty training you 23 A. I don't know. 23 received on how to respond to that? 24 Q. Who would I talk to to find out how to 24 A. Yes. 25 inspector look at that vehicle? 25 Q.__ And what did that entail? What are you 22 24 1 A. Contact George White. 1 supposed to do when you're involved in an accident? 2 Q ~~ Does Mr. White still work for Marion County? 2 A. There's protocol. We have to -- and this is 3 A. Yes. 3 looking back. But we have to -- first we call -- if 4 Q = Okay. Did Mr. White -- now, so you said he 4 anyone's injured we call 911 immediately. Secondly we 5 got to the scene, he spoke with you, he spoke with the 5 call Risk, which is our insurance agency, then we 6 officers, as well, you said. Correct? 6 contact a supervisor to come to the scene. 7 A. Yes. 7 Q. Once the supervisor comes to the scene you 8 Q. Did he do any type of investigation apart from 8 kind of hand it off to that person? 9 just looking at the front of your vehicle? Did he do 9 A. Yes. 10 anything else? 10 Q. Now, you've been a supervisor yourself. 11 A. Idon't know. 11 Correct? 12 Q ~~ Were you sent to an ER facility to get a drug 12 A. Yes. 13 test? 13 Q. So you've been called to accident scenes where 14 A. No. 14 other employees were involved in it. Correct? 15 Q Is there a protocol with Marion County that if 15 A. Not vehicle accidents, I've never been to one 16 you're involved in a incident that there's a mandatory 16 of those. But, yes, other accidents not involving 17 drug test that's to be completed after? 17 vehicles. 18 A. I think there is a monetary -- I think there's 18 Q. Assuming there was a vehicle accident and you 19 a monetary amount that it has to reach before you have | 19 were called to the scene as a supervisor, what are you 20 to go for a drug test. 20 supposed to do in your supervisory role? 21 @Q. Do you have any idea how much damage was done | 21 A. Asa supervisor I'm called to the scene, I ask 22 to Ms. Pidherney's car, or what it cost to fix it? 22_ if there's any injuries, if there are I ask if 911 was 23 A. No, I don't. 23 called, if it was necessary. Then I write a report, an 24 Q_ Did anyone at your office find that out in 24 incident report. And if there's any damage to the 25 making that assessment? 25 vehicles I make sure that the driver of the vehicle goes 08/31/2021 02:44:27 PM Page 21 to 24 of 39 6 of 10 sheetsPIDNERNEY vs. MARION COUNTY, FL DEPO OF: LORENDA PERRY 8-5-2021 25 27 1 for a drug test. 1 Correct? 2 QQ. Okay. Do you know if Mr. White filled out a 2 A. So that being -- what you just said, I can't 3 report following this incident? 3 say correct to that because he didn't need to. 4 A. Idon't. 4 Ms. Pidherney sent us pictures of her vehicle. 5 Q. Do you know if Mr. White reached out to my 5 Q. Okay. But what about of your vehicle, did he 6 client to get her version of what had occurred? 6 take any photographs ever of your vehicle following the 7 A. No, I don't. 7 impact? 8 Q._Do you know if Mr. White interviewed any 8 A. No, he did not. He saw it visually. 9 witnesses to this incident? 9 Q. Okay. And Ms. Pidherney, did she send those 10 A. No, I don't. 10 to you, the photographs, or did she send those to the 11 Q. Do you know if Mr. White, himself, went to 11 police officers? 12 examine the damage to my client's vehicle to assure that 12 A. She sent the photographs to me. 13 it was under the threshold to send you for a drug test? 13 Q. She texted them to your personal number? 14 A. Yes, he tried. He came to the scene of the 14 A. Yes. 15 accident and she wasn't there. 15 Q. Do you still have those photographs? 16 Q. Okay. Well, that's different than what I just 16 A. No. 17 asked you. 17 Q. She texted them to your own personal cell 18 Do you know if Mr. White actually made contact 18 phone? 19 with Ms. Pidherney, examined her vehicle and determined 19 A. Yes. 20 that the damage was minor enough that you not be sent 20 Q. How many photographs did she text to you? 21 fora drug test? 2 A. I think at the time -- I think there were 22 A. No, I don't. 22. +three. 23 Q. Okay. And Mr. White did not ever send you for 23 Q.. Did you relay those photographs to Mr. White? 24 adrug test. Correct? 24 A. At the time -- I think I put them in a file. 25 A. That's correct. 25 I didn't give them directly to Mr. White. 26 28 1 Q. Soin your opinion as a supervisor -- and I 1 Q. So how did Mr. White ever determine that the 2 know you don't work for Marion County anymore -- but at 2 damage wasn't sufficient enough to send you for a drug 3 the time of this incident, did Mr. White follow 3 test? 4 protocol? 4 A. He just -- I don't know, he just looked at my 5 A. Yes, I think he did. 5 vehicle. 6 Q. Okay. It seems like to me, and maybe I'm 6 Q. He just took your word for it. Right? 7 wrong, he left out about three steps. Correct? 7 A. No, I think he looked at my vehicle. 8 A. Idon't see the steps. Maybe you can explain| 8 Q. You've been in an accident -- have you ever 9 what you mean. 9 been in an accident where one vehicle just looks 10 Q. Okay. Well, I'll give you a hypothetical. 10 completely mangled and the other has nothing to it 11 You being a supervisor, it means you supervise over 11 whatsoever? 12 other people. Correct? 12 A. No, I haven't. 13 A. Yes. 13 Q. Do you agree with me that's possible? 14 Q. And when you get to the scene of the accident 14 A. No, I don't. 15 you don't just take your employee's word for it, you go 15 Q. Okay. Soin your view, if one vehicle shows 16 and conduct an investigation because that's what a 16 little to no damage, that means the other one must 17 supervisor does. Correct? 17 mirror or be identically the same? 18 A. Linvestigate what's at the scene, yes. 18 A. No, I didn't say that. 19 Q. Okay. Mr. White did not do that? 19 Q. Did you have a cell phone with you at the time 20 A. He investigated what was at the scene, yes. | 20 of this accident? 21 Q. He investigated you at the scene. Correct? 21 A. Yes. 22 A. That's what was at the scene, yes. 22 Q. Did you have -- how did you -- what was the 23 Q. And as far as you know he did not actually 23 setup inside the van? Did you have a laptop in there, 24 take any written documentation or photographic 24 an iPad that told you what jobs to go to? 25 documentation to support any of his findings whatsoever. 25 A. No. No, I did not. 7 of 10 sheets Page 25 to 28 of 39 08/31/2021 02:44:27 PMPIDNERNEY vs. MARION COUNTY, FL DEPO OF: LORENDA PERRY 8-5-2021 29 31 1 Q = Okay. Were you listening to the radio at the 1. send them for a drug test. I don't know the monetary -- 2 time of the incident? 2 Q. Now, you reviewed the back of Ms. Pidherney's 3 A. No, I wasn't. 3 vehicle at the scene of the accident. Correct? 4 Q ~~ Were you talking or texting on your phone at 4 A. Yes, I did. 5 the time of the accident? 5 Q. There was visible damage to the back of her 6 A. No, I wasn't. 6 car. Correct? 7 Q Now, the pictures that Ms. Pidherney texted to 7 A. Ican't say that came from that. There was no 8 you, was this to a Marion County phone or was this to 8 damage, it was just cracked paint. 9 your personal phone? 9 Q. Okay. That is visible damage from the 10 A. It was to my personal phone. 10 incident. Correct? 11 Q = Okay. 1 A. I can't say it was from the incident. I did 12 MR. ANDERSON: If we can go off the record 12 see cracked paint. 13 for a second. 13 Q. But you would agree with me your vehicle came 14 (Off-the-record discussions.) 14 in contact with her vehicle. Correct? 15 MR. ANDERSON: Back on the record. 15 A. Correct. 16 BY MR. ANDERSON: 16 Q. Do you have any other explanation as to why 17 Q~~ Who was your carrier at the time of the 17 the vehicle on the rear end of hers would be cracked 18 incident? 18 immediately after you hit her? 19 A. It was Sprint. 19 A. No, sir. 20 QQ And the plan would have been under your name? 20 MR. MINTER: Objection; calls for 21 A. Yes. 2 speculation. 22 Q So if I obtain your cell phone records from 22. BY MR. ANDERSON: 23 Sprint at the time of the accident, it will show you 23 Q.._Do you know if her vehicle was involved in any 24 were using absolutely no data at the time of the 24 other accidents prior to this one? 25 accident. Correct? 25 A. No,I do not. 30 32 1 A. That's correct. 1 Q. Did you ask her that after this accident 2 Q ~~ And then after this incident, how many -- did 2 happened? 3. she text you the photographs of her vehicle the same day 3 A. No. 4 of the incident or days after the incident? 4 Q. Allright. Is the reason you weren't sent for 5 A. Same day. 5 a drug test is because you were a supervisor? 6 Q Later on -- like, what time of day did she 6 A. No. 7 text them to you? 7 Q. It wasn't -- how long had you worked with 8 A. Approximately five or six p.m. 8 Mr. White? 9 Q@ ~~ And you never showed those photographs to 9 A. He was a new manager there. I can't say, but 10. Mr. White? 10 not very long. 11 A. No, I didn't. 1 Q. Did anyone else come to the scene of the 12 Q. Just so that we have it clear, the protocol of 12. accident to look at this? 13 Marion County -- and you were a supervisor so you know 13 A. The police. 14 this -- at the time of the incident is that if one of 14 Q. Apart from the police and Mr. White, anybody 15 your employees was involved in an incident, you are, 15 else? 16 one, to show up at the scene. Correct? 16 A. I can't really remember. I think Risk, 17 A. Yes. 17 Richard Dennis may have come to the scene. 18 Q You then take a written statement from your 18 Q. Richard Dennis? 19 employee, and I guess the other person if you're able to 19 A. Ithink so, yeah. I can't say for sure he 20 doso. You take pictures of the evidence so that you 20 came, of course, it was a while ago, over a year ago, 21 = can document the file. And then you send said employee 21° so... 22 to get drug tested if the damage exceeds $500. Correct? 22 Q. Was my client still there when Mr. Dennis came 23 A. No. I don't know what the monetary amount of | 23 __ to the scene? 24 the damage is. But at the time I don't remember what it | 24 A. No. 25 was, but if there was enough damage there, yes, I did 25 Q. Do you remember any of the conversation that 08/31/2021 02:44:27 PM Page 29 to 32 of 39 8 of 10 sheetsPIDNERNEY vs. MARION COUNTY, FL DEPO OF: LORENDA PERRY 8-5-2021 33, 35 1 you had with Mr. Dennis at the scene? 1 MR. ANDERSON: Form. 2 A. No, Ido not. 2 BY MR. MINTER: 3 Q. Do you know if he took any photographs or any 3 Q. And what was your response to that? 4 statements or anything while you were at the scene? 4 A. No. 5 A. No, Ido not. 5 MR. ANDERSON: Form. 6 Q. Were you injured in this accident? 6 THE WITNESS: No, I wasn't. 7 A. No, sir. 7 BY MR. MINTER: 8 Q. Did you have your seatbelt on at the time of 8 Q. And did he ask you to perform any kind of 9 the accident? 9 field sobriety test? 10 A. Yes, sir. 10 A. No. 11 Q. Just so we have it clear, you were driving in 1 Q. Did he do anything else as a police officer to 12 traffic that was stop and go, you said it was heavy. 12 ascertain whether you were under the influence of any 13 You looked over because you had manual windows, so you | 13 kind of medication or alcohol? 14 were rolling up the window, and when you looked backed 14 A. No, he did not. 15 you noticed my client's vehicle was stopped when you 15 MR. MINTER: That's all. 16 rear-ended her. Correct? 16 MR. ANDERSON: Obviously there's an accident 17 A. Yes. 17 report privilege, but I don't have any other 18 Q. Is there anything else about this accident 18 questions. 19 that you recall that you and I have not discussed? 19 Do you want to ask him if he wants to read or 20 A. No. 20 waive? 21 Q. Have you spoken with Ms. Pidherney at all 21 MR. MINTER: Hold on just a second. Can we 22 since this accident occurred? 22 take a quick break? Going to use another room -- 23 A. Just the evening of. 23 MR. ANDERSON: If you guys said you were done 24 Q. Do you have any idea how this has impacted her | 24 with questioning -- you still may have questions? 25 or what type of treatment she's undergone, or anything 25 MR. MINTER: Well, Mr. Harris indicated that 34 36 1 of that sort? 1 he might have something I should cover, so -- 2 A. No. 2 MR. ANDERSON: All right. We'll sit tight. 3 Q. And do you have any type of medical training, 3 (Break taken.) 4° sir? 4 MR. MINTER: Nothing further from us. 5 A. No. 5 Mr. Perry, if your deposition is transcribed into a 6 Q. Soin the total time you saw Ms. Pidherney 6 written form by the court reporter you have the 7 visibly with your eyes after this incident occurred, you 7 right to read it to make sure there's no 8 would say it would be a total of about 30 minutes. 8 typographical errors or even substantive errors, in 9 Correct? 9 which case you can make a notation on that. Or you 10 A. Yes, roughly. 10 can waive reading of your deposition. I would 11 MR. ANDERSON: All right, sir, I have no 1 recommend to you to tell the court reporter you 12 further questions. 12 would like to read it. 13 MR. MINTER: I have one or two I would like 13 THE WITNESS: Yes, I would like to read it. 14 to ask. 14 THE REPORTER: Hold it for now? 15 CROSS EXAMINATION 15 MR. MINTER: Hold it for now from us, yes. 16 BY MR. MINTER: 16 MR. ANDERSON: Yeah, I am not going to order 17 Q. Mr. Perry, you indicated that at least someone 17 at this time. I'll let you know if I'm going to get 18 from Ocala Police came? 18 it. 19 A. Yes. 19 THE REPORTER: Thank you, guys. Bye. 20 Q._ And did the policeman who was there, did he 20 (This proceeding concluded at 1:37 p.m.) 21 speak to you face-to-face? 21 22 A. Yes. 22 23 Q. And did he ask you whether you were under the | 23 24 influence of any substance of any kind? 24 25 A. Yes. 25 9 of 10 sheets Page 33 to 36 of 39 08/31/2021 02:44:27 PMPIDNERNEY vs. MARION COUNTY, FL DEPO OF: LORENDA PERRY 8-5-2021 37 1 CERTIFICATE OF REPORTER 39 2 1 ERRATA SHEET 3 STATE OF FLORIDA } 2 DO _NOT WRITE ON TRANSCRIPT -- ENTER CHANGES HERE 4 COUNTY OF MARION } 3 IN RE: PIDHERNEY,v- NARTON COUNTY 5 I, COURTNEY L. WEAR, RMR, CRR, do hereby ‘ Depost 6 certify that I was authorized to and did Pleage signs datoy and return thig sheet to 1 nal lings are required for 7 stenographically report the foregoing Zoom deposition of 7 sdditional sheets. “ 8 LORENDA PERRY; that a review of the transcript was a ME CHANGE 9 requested; and that the foregoing transcript, pages 5 ° 10 through 36, is a true record of my stenographic notes, 10 1 I FURTHER CERTIFY that I am not a relative, u 12 employee, attorney or counsel of any of the parties’, 2 13 nor am 1 a relative or employee of any of the parties’ 1 14 attorneys or counsel with the action, nor am I 15 15 financially interested in the action. 16 16 Signed this day of 8-31-2021, Marion County, v7 17 Florida. * 19 18 30 19 21 Under penalty of perjury, I declare that I have read my 20 22. Shy changes in for of substance sntered here 21 23 22 /s/ Courtney L. Wear 24 DATE: LORENDA PERRY COURTNEY L. WEAR, RMR, CRR iad 23 24 25 38 1 CERTIFICATE OF OATH 2 3 STATE OF FLORIDA} 4 COUNTY OF MARION} 5 I, COURTNEY L. WEAR, Registered Merit 6 Reporter, Certified Realtime Reporter, a Notary Public 7 for the State of Florida, and Court Reporter, certify 8 that the witness, LORENDA PERRY, personally appeared 9 before me this day of 8-5-2021 and was duly sworn. 10 WITNESS my hand and official seal this day 11 of 8-31-2021. 12 13 Identification: FL Driver's License 14 15 16 17 Ls/ Courtney L. Wear. COURTNEY L. WEAR 18 Notary Public-State of Florida Comm No: GG 260936 19 20 Comm. Expires: December 12, 2022 21 22 23 24 25 08/31/2021 02:44:27 PM Page 37 to 39 of 39 10 of 10 sheets