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Filing # 129518491 E-Filed 06/25/2021 12:47:48 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
JOHN HUGHES, III, as receiver of Flicker
Construction, Inc., an inactive Florida CASE NO. 2019-CA-003916 CA 01 (27)
corporation,
Plaintiff,
vs.
ROMAN FLICKER and MID-CONTINENT
CASUALTY COMPANY,
Defendants.
/
MID-CONTINENT CASUALTY COMPANY’S DEPOSITION DESIGNATIONS
Pursuant to this Court’s September 12, 2020 Order, Mid-Continent Casualty Company
(“MCC”) submits its deposition designations identified herein. By designating testimony herein,
MCC does not waive its rights to call such witnesses live. Likewise, designated testimony herein
is not intended, and does not, waive any of MCC’s pending dispositive arguments.
DESIGNATIONS 1
I. Roman Flicker –MCC submits the following designations from Mr. Flicker’s
April 28, 2017 deposition. See Transcript attached as Exhibit A.
Page Line(s)
5 16-23
10 18-25
11 1-8; 11-13; 16-25
12 1; 4-7; 14-25
13 1-6; 11-18; 21-24
14 6-7; 12-14
15 23-25
16 1-3; 14-25
1
These designations are not necessarily presented in the order in which they would be published.
0979020\308415017.v1
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17 1-25
18 22-25
19 1-6
20 6-13
22 13-25
23 1-15; 20-25
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30 6-14; 25
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36 14-25
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38 16-19; 21-25
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43 1-4; 11-14; 16-19; 21-22
44 12-23
45 3-6; 9-22
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47 1-14; 17-22; 24-25
48 2-9; 11; 13-18; 22-25
49 1-18
50 11-25
51 10-11; 13-16; 24-25
52 1-25
53 1-17; 22-25
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55 1; 8-22; 24-25
56 1-5; 7-24
57 10-11; 13-15; 17-19; 21;
23-24
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60 25
61 1-3; 13; 15-18
62 14-20
2
0979020\308415017.v1
Page Line(s)
63 13-25
64 1-2; 5-16
69 21-22; 24-25
70 1-14; 15-25
71 1-3; 9-11
74 20-25
75 1
76 9-24
77 7-19
78 9-25
79 1-2; 17-20; 22; 24-25
80 1-9; 16-25
81 1-5; 14-21
82 14-20
83 19-21
91 16-17; 19-25
92 1-7
95 12-25
97 14-23
104 15-25
105 2-3; 8-14; 19-20; 23-25
106 1-3; 16-25
107 1-2; 5-10
II. Manuel Perea –MCC submits the following designations from Mr. Perea’s April 18, 2017
deposition. See Transcript attached as Exhibit B.
Page Line(s)
5 12-15
7 8-16
11 17-20; 22-25
12 2-9; 13-24
15 2-12; 15-20
16 2-9; 14-22
17 8-25
18 1-11; 22-25
19 1-3
20 17-25
21 1-13
22 17-25
23 1-7; 15-19
24 8-25
3
0979020\308415017.v1
Page Line(s)
25 1-10
26 4-23; 25
27 1-5
30 12-23
32 23-25
33 1-14
34 8-14
35 4-8; 12-22
36 7-11; 13-15; 20-25
37 7-13; 21-25
38 1-21
40 9-12; 18-21
41 8-16
44 3-14
46 1-2
47 13-23
48 8-11
49 6-13; 17-23
55 3-11; 15-18
72 19-25
73 1-5; 13-25
74 1-5
III. Jose Rafael Jimenez –MCC submits the following designations from Mr. Jimenez’s
March 29, 2017 deposition. See Transcript attached as Exhibit C.
Page Line(s)
3 7-12
4 24-25
5 1-7
7 4-25
8 9-24
10 2-6; 8-25
11 1-19; 23-25
12 2-18; 23-25
13 1-6; 9-25
14 1; 17-25
15 1-9
16 2-16; 19-25
17 1; 11-14; 17-25
18 1-25
19 1-8; 23-25
4
0979020\308415017.v1
Page Line(s)
20 1-2; 25
21 1-4; 24-25
22 1-14; 18-23
23 8-12; 25
24 1-2; 6-18
25 8-25
26 1-2; 15-25
27 1-5; 21-25
28 1-3
36 3-9; 12-16
38 12-15
50 17-18
52 8-16
61 12-21; 24-25
62 1; 3-7; 9-25
63 1-19; 25
64 1-2
65 3-5; 11-22
IV. Moises Tacle –MCC submits the following designations from Mr. Tacle’s May 18, 2017
deposition. See Transcript attached as Exhibit D.
Page Line(s)
4 8-10
10 9-12
12 5-16; 23-25
17 16-24
21 18-19; 21-25
27 16-25
28 1
29 1-8
36 3-9
37 1-11; 17-22; 25
38 1-3; 6-13; 16-25
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46 15-25
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56 21-25
57 1-5; 7; 9-10
5
0979020\308415017.v1
Page Line(s)
58 5-7; 9-10
V. Karina Baquerizo –MCC submits the following designations from Ms. Baquerizo’s
March 29, 2017 deposition. See Transcript attached as Exhibit E.
Page Line(s)
3 7-9
4 3-8
5 9-11
6 16-18
9 17-25
13 25
14 1-11
18 18-20
19 3-11
20 10-16
23 6-8
24 2-21
25 11-18
26 15-23
28 14-25
29 1-6
31 2-13
38 4-8; 13-14; 17-25
39 1
VI. Lewis Andrews –MCC submits the following designations from Mr. Andrews’s June 5,
2017 deposition. The attached transcript may have designated testimony with redacted
income numbers that—to the extent needed—will be read into the record at trial. For
confidentiality reasons, the exhibits—although intended to be used by MCC as trial
exhibits—have not been attached. See Transcript, without exhibits, attached as Exhibit F.
Page Line(s)
4 8-11; 16-21
5 2-13
6 23-25
7 8-20
6
0979020\308415017.v1
Page Line(s)
8 15-17
9 4; 11-25
10 1-25
11 1-21
12 21-25
13 1-13
14 23-25
15 1-4; 9-17; 20-25
16 1-7; 17-21
17 7-10; 19-24
19 1-8
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 25, 2021, a true and correct copy of the foregoing has
been filed via the E-Filing System and served on all counsel of record.
HINSHAW & CULBERTSON, LLP
/s/ Edward T. Sylvester
Edward T. Sylvester
Florida Bar No. 0051612
2525 Ponce de Leon Blvd., 4th FL
Coral Gables, Florida 33134
Tel: 305-358-7747
esylvester@hinshawlaw.com
Attorneys for Mid-Continent Casualty
7
0979020\308415017.v1
Exhibit A
1
1 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
2
MIAMI DIVISION
3
CASE NO. 1:16-cv-23805-JEM
4
5
6 JOHN HUGHES, III, as Receiver of
FLICKER CONSTRUCTION, INC., an
7 inactive Florida Corporation,
8 Plaintiff,
9 vs.
10 ROMAN FLICKER, an individual, and
MID-CONTINENT CASUALTY COMPANY, a
11 Foreign Corporation,
12 Defendants.
13
14
DaVinci Meeting Room
15 10101 West Sample Road
Coral Springs, Florida
16 Friday April 28, 2017
1:12 p.m. - 3:35 p.m.
17
18
19
20 DEPOSITION OF ROMAN FLICKER
21
22 Taken before RHONDA BONNER, RPR, FPR,
23 Notary Public in and for the State of Florida at
24 Large, pursuant to Re-Notice of Taking
25 Deposition Duces Tecum.
JEANNIE REPORTING (305) 577-1705
2
1 APPEARANCES:
2
BRENT G. STEINBERG, ESQUIRE (via telephone)
3 SWOPE RODANTE P.A
1234 EAST 5TH AVENUE
4 TAMPA, FLORIDA
(813) 273-0017
5 team2@swopelaw.com
ON BEHALF OF THE PLAINTIFF.
6
7
8 MICHAEL T. TOMLIN, ESQUIRE
HINSHAW & CULBERTSON, LLP
9 2525 PONCE DE LEON BOULEVARD
4TH FLOOR
10 MIAMI, FLORIDA 33134
305-358-7747
11 mtomlin@hinshawlaw.com
ON BEHALF OF THE DEFENDANT MID-CONTINENT
12 CASUALTY COMPANY.
13
14
15
16
17
18
19
20
21
22
23
24
25
- JEANNIE REPORTING (305) 577-1705
3
1 INDEX
2
3 EXAMINATIONS PAGE
4 ROMAN FLICKER
5 DIRECT EXAMINATION BY MR. TOMLIN 5
6 CROSS-EXAMINATION BY MR. STEINBERG 73
7 REDIRECT EXAMINATION BY MR. TOMLIN 106
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JEANNIE REPORTING (305) 577-1705
4
1 EXHIBIT S
2
3 DEFENDANT'S
4 FOR IDENTIFICATION DESCRIPTION PAGE
5 Exhibit 1 Building and Zoning Permit 43
Form
6
Exhibit 2 Fire Penetration Affidavit 51
7
Exhibit 3 Building Certificate 53
8
Exhibit 4 Copy of Complaint and Subpoena 69
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JEANNIE REPORTING (305) 577-1705
5
1 THEREUPON:
2 THE COURT REPORTER: Raise your right
3 hand, please.
4 Do you swear the testimony you're
5 about to give is the truth, the whole
6 truth, and nothing but the truth, so help
7 you God?
8 THE WITNESS: I do.
9 THEREUPON-:
10 ROMAN FLICKER
11 was called as a witness by the Defendant and, after
12 having been first duly sworn, was examined and
13 testified as follows:
14 DIRECT EXAMINATION
15 BY MR. TOMLIN:
16 Q• Mr. Flicker, will you state your full
17 name and tell me your residence address, please.
18 A. It's Roman Flicker,
19
20 Q. Do you have a middle name?
21 A. No, sir.
22 Q. What's your date of birth?
23 A.
24 MR. STEINBERG: I'm sorry.
25 Mr. Flicker, do you mind speaking up just a
JEANNIE REPORTING (305) 577-1705
6
1 hair?
2 THE WITNESS:
3 BY MR. TOMLIN:
4 Q. Mr. Flicker, my name is
5 Michael Tomlin. I'm an attorney. I represent
6 Mid-Continent Casualty Company in a lawsuit that
7 has been brought against them by John Hughes, as
8 the receiver of Flicker Construction, Inc.
9 A. Correct.
10 Q. And we noticed your deposition today
11 to ask you some questions. We had previously sent
12 out a subpoena for you to appear at the deposition
13 at my office, and you did not make that deposition;
14 is that true?
15 A. Correct.
16 Q. And then I subsequently contacted you
17 via telephone to see if I can find you and found
18 you at your address
19 Do you recall that?
20 A. Correct.
2.1 Q. Do you recall us having a conversation
22 where I asked you if you'd be willing to appear for
23 a deposition?
24 A. Correct.
25 Q. And you said you would. I confirmed
JEANNIE REPORTING (305) 577-1705
7
1 that you were the same Roman Flicker who worked --
2 or who was involved in a construction --
3 A. Correct.
4 Q. -- job down in Miami?
5 A. Yes, sir.
6 Q. Did we have any other conversations
7 over the telephone?
8 A. Not that I recall.
9 Q. Okay. Have you ever had your
10 deposition taken before like we're doing today?
11 A. Yes.
12 Q. When did you have your deposition
13 taken before like we're doing today?
14 A. I believe that was 2010, 2011, down in
15 Miami.
16 Q. And what was the purpose of that
17 deposition, if you recall?
18 A. That was the same situation, figure
19 out -- I believe that was law office of the person
20 that represents the plaintiff.
21 Q. Okay. Someone who represented
22 Manuel Perea took your deposition; is that right?
23 A. I did show up there, but that wasn't
24 very full deposition just like that.
25 Q• Okay. So did you raise your right
JEANNIE REPORTING (305) 577-1705
8
1 hand and swear to tell the truth and give
2 testimony?
3 A. I believe so. That was myself and
4 also Ralph Jimenez. He was there as well.
5 Q• Do you recall there being a court
6 reporter present, or was it just --
7 A. I don't believe --
8 Q. Let me finish my question.
9 Was this just an informal meeting; do
10 you know?
11 A. It was kind of official/unofficial
12 meeting type thing.
13 Q. Well, I'm going to ask you some
14 questions today. Please let me try to finish my
15 question before you try to answer it.
16 Okay?
17 A. Yes, sir.
18 Q. And try to answer all of my questions
19 out loud so that the court reporter can make a
20 record of what we are saying.
21 Okay?
22 A. Correct.
23 Q. If you need to take a break or
24 something like that, just let me know, we'll stop
25 and get some water, go to the bathroom, whatever
JEANNIE REPORTING (305) 577-1705
9
1 you need to do.
2 Okay?
3 A. Okay.
4 Q. This meeting that you had at the
5 lawyer's office, you say you think it was sort of
6 formal but also informal. Did you ever see a
7 transcript of the testimony that you gave on that
8 day?
9 A. No, sir.
10 MR. STEINBERG: Objection to form.
11 Go ahead.
12 BY MR. TOMLIN:
13 Q• And is it fair to say you don't know
14 one way or the other whether you provided a formal
15 deposition that day?
16 A. Correct.
17 Q. What do you recall discussing that
18 day?
19 A. Basically, I have no knowledge of that
20 person that's supposed to -- I know somebody got
21 hurt on the job site. I never met that person,
22 never did any business with that person; so
23 basically that's what it came out to. I have no
24 idea who that person was or who hired him or what
25 ha was doing on that place.
JEANNIE REPORTING (305) 577-1705
10
1 Q• And did you provide the lawyer with
2 any other information?
3 A. I believe that was the whole scope of
4 the conversation.
5 Q. Okay. Were you in the room when
6 Mr. Jimenez provided information?
7 A. Yes. I believe there was three or
8 four of us, between the lawyers, Ralph, and myself,
9 and maybe a secretary or someone else.
10 Q. Okay. And what did Mr. Jimenez say or
11 indicate at the time you had that meeting?
12 A. Basically the same thing, because he
13 never hired that person. He never was involved
14 with anything. So, you know, it was a surprise for
15 me that somebody -- I know somebody got hurt, but I
16 never have hired that person or subcontractor or
17 subcontract or anything like that.
18 Q• Okay. The individual named
19 Manuel Perea claims that he was injured on a job
20 site at 1250- South Miami Avenue. You're aware that
21 there was some construction going on there.
22 A. Correct.
23 Q• And you were aware that Mr. Jimenez
24 was involved with that construction?
25 A. Correct.
JEANNIE REPORTING (305) 577-1705
11
1 Q• And you said that it's your
2 recollection that Mr. Jimenez indicated that he had
3 not hired this gentleman named Manuel Perea?
4 A. Correct.
5 Q. Would you defer to Mr. Jimenez as to
6 whether or not you hired this individual? In other
7 words, would you look to Mr. Jimenez and what he
8 says as to who hired this individual?
9 MR. STEINBERG: Objection to form.
10 MR. TOMLIN: You can answer, sir.
11 THE WITNESS: Yes. Well, I ask him --
12
Preview
Filing # 129518491 E-Filed 06/25/2021 12:47:48 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION JOHN HUGHES, III, as receiver of Flicker Construction, Inc., an inactive Florida CASE NO. 2019-CA-003916 CA 01 (27) corporation, Plaintiff, vs. ROMAN FLICKER and MID-CONTINENT CASUALTY COMPANY, Defendants. / MID-CONTINENT CASUALTY COMPANY’S DEPOSITION DESIGNATIONS Pursuant to this Court’s September 12, 2020 Order, Mid-Continent Casualty Company (“MCC”) submits its deposition designations identified herein. By designating testimony herein, MCC does not waive its rights to call such witnesses live. Likewise, designated testimony herein is not intended, and does not, waive any of MCC’s pending dispositive arguments. DESIGNATIONS 1 I. Roman Flicker –MCC submits the following designations from Mr. Flicker’s April 28, 2017 deposition. See Transcript attached as Exhibit A. Page Line(s) 5 16-23 10 18-25 11 1-8; 11-13; 16-25 12 1; 4-7; 14-25 13 1-6; 11-18; 21-24 14 6-7; 12-14 15 23-25 16 1-3; 14-25 1 These designations are not necessarily presented in the order in which they would be published. 0979020\308415017.v1 Page Line(s) 17 1-25 18 22-25 19 1-6 20 6-13 22 13-25 23 1-15; 20-25 24 1-25 25 1-19 27 18-25 28 1-23 30 6-14; 25 31 1-25 32 1-25 33 1-25 34 1-4 35 1-7 36 14-25 37 1-19 38 16-19; 21-25 39 1-25 40 2-25 41 1-25 42 1-6 43 1-4; 11-14; 16-19; 21-22 44 12-23 45 3-6; 9-22 46 1-7; 10-25 47 1-14; 17-22; 24-25 48 2-9; 11; 13-18; 22-25 49 1-18 50 11-25 51 10-11; 13-16; 24-25 52 1-25 53 1-17; 22-25 54 1-25 55 1; 8-22; 24-25 56 1-5; 7-24 57 10-11; 13-15; 17-19; 21; 23-24 58 1-25 59 1-4 60 25 61 1-3; 13; 15-18 62 14-20 2 0979020\308415017.v1 Page Line(s) 63 13-25 64 1-2; 5-16 69 21-22; 24-25 70 1-14; 15-25 71 1-3; 9-11 74 20-25 75 1 76 9-24 77 7-19 78 9-25 79 1-2; 17-20; 22; 24-25 80 1-9; 16-25 81 1-5; 14-21 82 14-20 83 19-21 91 16-17; 19-25 92 1-7 95 12-25 97 14-23 104 15-25 105 2-3; 8-14; 19-20; 23-25 106 1-3; 16-25 107 1-2; 5-10 II. Manuel Perea –MCC submits the following designations from Mr. Perea’s April 18, 2017 deposition. See Transcript attached as Exhibit B. Page Line(s) 5 12-15 7 8-16 11 17-20; 22-25 12 2-9; 13-24 15 2-12; 15-20 16 2-9; 14-22 17 8-25 18 1-11; 22-25 19 1-3 20 17-25 21 1-13 22 17-25 23 1-7; 15-19 24 8-25 3 0979020\308415017.v1 Page Line(s) 25 1-10 26 4-23; 25 27 1-5 30 12-23 32 23-25 33 1-14 34 8-14 35 4-8; 12-22 36 7-11; 13-15; 20-25 37 7-13; 21-25 38 1-21 40 9-12; 18-21 41 8-16 44 3-14 46 1-2 47 13-23 48 8-11 49 6-13; 17-23 55 3-11; 15-18 72 19-25 73 1-5; 13-25 74 1-5 III. Jose Rafael Jimenez –MCC submits the following designations from Mr. Jimenez’s March 29, 2017 deposition. See Transcript attached as Exhibit C. Page Line(s) 3 7-12 4 24-25 5 1-7 7 4-25 8 9-24 10 2-6; 8-25 11 1-19; 23-25 12 2-18; 23-25 13 1-6; 9-25 14 1; 17-25 15 1-9 16 2-16; 19-25 17 1; 11-14; 17-25 18 1-25 19 1-8; 23-25 4 0979020\308415017.v1 Page Line(s) 20 1-2; 25 21 1-4; 24-25 22 1-14; 18-23 23 8-12; 25 24 1-2; 6-18 25 8-25 26 1-2; 15-25 27 1-5; 21-25 28 1-3 36 3-9; 12-16 38 12-15 50 17-18 52 8-16 61 12-21; 24-25 62 1; 3-7; 9-25 63 1-19; 25 64 1-2 65 3-5; 11-22 IV. Moises Tacle –MCC submits the following designations from Mr. Tacle’s May 18, 2017 deposition. See Transcript attached as Exhibit D. Page Line(s) 4 8-10 10 9-12 12 5-16; 23-25 17 16-24 21 18-19; 21-25 27 16-25 28 1 29 1-8 36 3-9 37 1-11; 17-22; 25 38 1-3; 6-13; 16-25 39 1-2 46 15-25 47 1-8 48 4-5; 16-25 49 1-12 53 15-21 56 21-25 57 1-5; 7; 9-10 5 0979020\308415017.v1 Page Line(s) 58 5-7; 9-10 V. Karina Baquerizo –MCC submits the following designations from Ms. Baquerizo’s March 29, 2017 deposition. See Transcript attached as Exhibit E. Page Line(s) 3 7-9 4 3-8 5 9-11 6 16-18 9 17-25 13 25 14 1-11 18 18-20 19 3-11 20 10-16 23 6-8 24 2-21 25 11-18 26 15-23 28 14-25 29 1-6 31 2-13 38 4-8; 13-14; 17-25 39 1 VI. Lewis Andrews –MCC submits the following designations from Mr. Andrews’s June 5, 2017 deposition. The attached transcript may have designated testimony with redacted income numbers that—to the extent needed—will be read into the record at trial. For confidentiality reasons, the exhibits—although intended to be used by MCC as trial exhibits—have not been attached. See Transcript, without exhibits, attached as Exhibit F. Page Line(s) 4 8-11; 16-21 5 2-13 6 23-25 7 8-20 6 0979020\308415017.v1 Page Line(s) 8 15-17 9 4; 11-25 10 1-25 11 1-21 12 21-25 13 1-13 14 23-25 15 1-4; 9-17; 20-25 16 1-7; 17-21 17 7-10; 19-24 19 1-8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 25, 2021, a true and correct copy of the foregoing has been filed via the E-Filing System and served on all counsel of record. HINSHAW & CULBERTSON, LLP /s/ Edward T. Sylvester Edward T. Sylvester Florida Bar No. 0051612 2525 Ponce de Leon Blvd., 4th FL Coral Gables, Florida 33134 Tel: 305-358-7747 esylvester@hinshawlaw.com Attorneys for Mid-Continent Casualty 7 0979020\308415017.v1 Exhibit A 1 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 2 MIAMI DIVISION 3 CASE NO. 1:16-cv-23805-JEM 4 5 6 JOHN HUGHES, III, as Receiver of FLICKER CONSTRUCTION, INC., an 7 inactive Florida Corporation, 8 Plaintiff, 9 vs. 10 ROMAN FLICKER, an individual, and MID-CONTINENT CASUALTY COMPANY, a 11 Foreign Corporation, 12 Defendants. 13 14 DaVinci Meeting Room 15 10101 West Sample Road Coral Springs, Florida 16 Friday April 28, 2017 1:12 p.m. - 3:35 p.m. 17 18 19 20 DEPOSITION OF ROMAN FLICKER 21 22 Taken before RHONDA BONNER, RPR, FPR, 23 Notary Public in and for the State of Florida at 24 Large, pursuant to Re-Notice of Taking 25 Deposition Duces Tecum. JEANNIE REPORTING (305) 577-1705 2 1 APPEARANCES: 2 BRENT G. STEINBERG, ESQUIRE (via telephone) 3 SWOPE RODANTE P.A 1234 EAST 5TH AVENUE 4 TAMPA, FLORIDA (813) 273-0017 5 team2@swopelaw.com ON BEHALF OF THE PLAINTIFF. 6 7 8 MICHAEL T. TOMLIN, ESQUIRE HINSHAW & CULBERTSON, LLP 9 2525 PONCE DE LEON BOULEVARD 4TH FLOOR 10 MIAMI, FLORIDA 33134 305-358-7747 11 mtomlin@hinshawlaw.com ON BEHALF OF THE DEFENDANT MID-CONTINENT 12 CASUALTY COMPANY. 13 14 15 16 17 18 19 20 21 22 23 24 25 - JEANNIE REPORTING (305) 577-1705 3 1 INDEX 2 3 EXAMINATIONS PAGE 4 ROMAN FLICKER 5 DIRECT EXAMINATION BY MR. TOMLIN 5 6 CROSS-EXAMINATION BY MR. STEINBERG 73 7 REDIRECT EXAMINATION BY MR. TOMLIN 106 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JEANNIE REPORTING (305) 577-1705 4 1 EXHIBIT S 2 3 DEFENDANT'S 4 FOR IDENTIFICATION DESCRIPTION PAGE 5 Exhibit 1 Building and Zoning Permit 43 Form 6 Exhibit 2 Fire Penetration Affidavit 51 7 Exhibit 3 Building Certificate 53 8 Exhibit 4 Copy of Complaint and Subpoena 69 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JEANNIE REPORTING (305) 577-1705 5 1 THEREUPON: 2 THE COURT REPORTER: Raise your right 3 hand, please. 4 Do you swear the testimony you're 5 about to give is the truth, the whole 6 truth, and nothing but the truth, so help 7 you God? 8 THE WITNESS: I do. 9 THEREUPON-: 10 ROMAN FLICKER 11 was called as a witness by the Defendant and, after 12 having been first duly sworn, was examined and 13 testified as follows: 14 DIRECT EXAMINATION 15 BY MR. TOMLIN: 16 Q• Mr. Flicker, will you state your full 17 name and tell me your residence address, please. 18 A. It's Roman Flicker, 19 20 Q. Do you have a middle name? 21 A. No, sir. 22 Q. What's your date of birth? 23 A. 24 MR. STEINBERG: I'm sorry. 25 Mr. Flicker, do you mind speaking up just a JEANNIE REPORTING (305) 577-1705 6 1 hair? 2 THE WITNESS: 3 BY MR. TOMLIN: 4 Q. Mr. Flicker, my name is 5 Michael Tomlin. I'm an attorney. I represent 6 Mid-Continent Casualty Company in a lawsuit that 7 has been brought against them by John Hughes, as 8 the receiver of Flicker Construction, Inc. 9 A. Correct. 10 Q. And we noticed your deposition today 11 to ask you some questions. We had previously sent 12 out a subpoena for you to appear at the deposition 13 at my office, and you did not make that deposition; 14 is that true? 15 A. Correct. 16 Q. And then I subsequently contacted you 17 via telephone to see if I can find you and found 18 you at your address 19 Do you recall that? 20 A. Correct. 2.1 Q. Do you recall us having a conversation 22 where I asked you if you'd be willing to appear for 23 a deposition? 24 A. Correct. 25 Q. And you said you would. I confirmed JEANNIE REPORTING (305) 577-1705 7 1 that you were the same Roman Flicker who worked -- 2 or who was involved in a construction -- 3 A. Correct. 4 Q. -- job down in Miami? 5 A. Yes, sir. 6 Q. Did we have any other conversations 7 over the telephone? 8 A. Not that I recall. 9 Q. Okay. Have you ever had your 10 deposition taken before like we're doing today? 11 A. Yes. 12 Q. When did you have your deposition 13 taken before like we're doing today? 14 A. I believe that was 2010, 2011, down in 15 Miami. 16 Q. And what was the purpose of that 17 deposition, if you recall? 18 A. That was the same situation, figure 19 out -- I believe that was law office of the person 20 that represents the plaintiff. 21 Q. Okay. Someone who represented 22 Manuel Perea took your deposition; is that right? 23 A. I did show up there, but that wasn't 24 very full deposition just like that. 25 Q• Okay. So did you raise your right JEANNIE REPORTING (305) 577-1705 8 1 hand and swear to tell the truth and give 2 testimony? 3 A. I believe so. That was myself and 4 also Ralph Jimenez. He was there as well. 5 Q• Do you recall there being a court 6 reporter present, or was it just -- 7 A. I don't believe -- 8 Q. Let me finish my question. 9 Was this just an informal meeting; do 10 you know? 11 A. It was kind of official/unofficial 12 meeting type thing. 13 Q. Well, I'm going to ask you some 14 questions today. Please let me try to finish my 15 question before you try to answer it. 16 Okay? 17 A. Yes, sir. 18 Q. And try to answer all of my questions 19 out loud so that the court reporter can make a 20 record of what we are saying. 21 Okay? 22 A. Correct. 23 Q. If you need to take a break or 24 something like that, just let me know, we'll stop 25 and get some water, go to the bathroom, whatever JEANNIE REPORTING (305) 577-1705 9 1 you need to do. 2 Okay? 3 A. Okay. 4 Q. This meeting that you had at the 5 lawyer's office, you say you think it was sort of 6 formal but also informal. Did you ever see a 7 transcript of the testimony that you gave on that 8 day? 9 A. No, sir. 10 MR. STEINBERG: Objection to form. 11 Go ahead. 12 BY MR. TOMLIN: 13 Q• And is it fair to say you don't know 14 one way or the other whether you provided a formal 15 deposition that day? 16 A. Correct. 17 Q. What do you recall discussing that 18 day? 19 A. Basically, I have no knowledge of that 20 person that's supposed to -- I know somebody got 21 hurt on the job site. I never met that person, 22 never did any business with that person; so 23 basically that's what it came out to. I have no 24 idea who that person was or who hired him or what 25 ha was doing on that place. JEANNIE REPORTING (305) 577-1705 10 1 Q• And did you provide the lawyer with 2 any other information? 3 A. I believe that was the whole scope of 4 the conversation. 5 Q. Okay. Were you in the room when 6 Mr. Jimenez provided information? 7 A. Yes. I believe there was three or 8 four of us, between the lawyers, Ralph, and myself, 9 and maybe a secretary or someone else. 10 Q. Okay. And what did Mr. Jimenez say or 11 indicate at the time you had that meeting? 12 A. Basically the same thing, because he 13 never hired that person. He never was involved 14 with anything. So, you know, it was a surprise for 15 me that somebody -- I know somebody got hurt, but I 16 never have hired that person or subcontractor or 17 subcontract or anything like that. 18 Q• Okay. The individual named 19 Manuel Perea claims that he was injured on a job 20 site at 1250- South Miami Avenue. You're aware that 21 there was some construction going on there. 22 A. Correct. 23 Q• And you were aware that Mr. Jimenez 24 was involved with that construction? 25 A. Correct. JEANNIE REPORTING (305) 577-1705 11 1 Q• And you said that it's your 2 recollection that Mr. Jimenez indicated that he had 3 not hired this gentleman named Manuel Perea? 4 A. Correct. 5 Q. Would you defer to Mr. Jimenez as to 6 whether or not you hired this individual? In other 7 words, would you look to Mr. Jimenez and what he 8 says as to who hired this individual? 9 MR. STEINBERG: Objection to form. 10 MR. TOMLIN: You can answer, sir. 11 THE WITNESS: Yes. Well, I ask him -- 12