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Filing# 180136059 E-Filed 08/21/2023 02:53:09 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ADRIANA HINCAPIE and CIVIL DIVISION
NICOLAS HINCAPIE,
CASE NO- CACE 21-016648
Plaintiffs,
V
JOSEPH BERNARD WEZKIEWICZ, JR. and
JOSEPH BERNARD WEZKIEWICZ III,
Defendants.
i
PLAINTIFFS' NOTICE OF FILING
PLEASE TAKE NOTICE that the Plaintiffs, ADRIANA HINCAPIE and NICOLAS
HINCAPIE, by and through the undersigned counsel, hereby file the following documents:
1. Deposition Transcriptof Joseph Bernard Wezkiewicz, III taken on October 13,
2022, attached as Exhibit "A ".
2. DepositionTranscriptof Joseph Wezkiewicz, Jr. taken on March 3,2023, attached
as Exhibit "B".
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 21
St
day of August 2023, I filed the
electronically
foregoing with the Clerk of Courts via the Florida Courts E-filingPortal, which will send
notification of electronic filingto all counsel of record.
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiff
9130 S Dadeland Blvd, PH Suite
Miami, FL 33156
Tel: (305) 661-6000
Fax: (305) 670-7555
Email: klabertew@rubensteinlaw.com
mdavila@rubensteinlaw.com
eservice@rubensteinlaw.com
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/21/2023 02:53:09 PM.****
By: -is/Karl W. Labertew
KARL W. LABERTEW, B.C.S.
Florida Bar No.. 0615234
-2-
EXHIBIT "A 99
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-016648
ADRIANA HINCAPIE and
NICOLAS HINCAPIE,
Plaintiffs,
VS.
JOSEPH BERNARD WEZKIEWICZ,
Defendant.
1
VIDEOTAPED DEPOSITION OF JOSEPH BERNARD WEZKIEWICZ
TAKEN ON BEHALF OF THE PLAINTIFFS
OCTOBER 13, 2022
10:40 A.M. TO 11:26 A.M.
ALL PARTIES APPEARED REMOTELY
PURSUANT TO
FLORIDA SUPREME COURT ORDER AOSC20-23
REPORTED BY:
VICTORIA SUAREZ, COURT REPORTER
NOTARY PUBLIC, STATE OF FLORIDA
qD UNIVERSAL 877.291.3376
- COURT REPORTING www.UCRinc.com
Wezkiewicz, Joseph Bernard 10-13-2022
2 4
1 APPEARANCES OF COUNSEL 1 INDEX OF EXHIBITS
2 ON BEHALF OF THE PLAINTIFFS
PLAINTIFF'S
3 KARL W. L/\BERTEW, Esquire
RUBENSTEIN LAW 2 EXHIBIT DESCRIPTION PAGE
4 200 South Orange Avenue 3 1 Photograph 29
Suite 2000
4
5 Orlando, FL 32801-3418 5
321.319.8574
6
6 Klabertew@rubensteinlaw.com 7
(REMOTELY VIA ZOOM) 8
7
9
ON BEHALF OF THE DEFENDANT:
10
8
11
SHERI L. CRITELLI, Esquire
12
9 NICHOLAS J. RYAN & ASSOCIATES
13
110 SE 6th Street
14
10 Suite 2100
15
Fort Lauderdale, FL 33301-5052
16
11 954.627.9401
17
flor.law-shericritelli.298019@statefarm.com
18
12 (REMOTELY VIA ZOOM) 19
13
14
20
15 21
16 22
17 23
18 24
19 25
20
21
22
23
24
25
3 5
1 INDEX OF EXAMINATION 1 VIDEOTAPED DEPOSITION OF JOSEPH BERNARD
2 WITNESS: JOSEPH BERNARD WEZKIEWICZ WEZKIEWICZ
PAGE 2 OCTOBER 13, 2022
3 DIRECT EXAMINATION 3 THEREUPON:
By Mr. Labertew 6 4 THE COURT REPORTER: We're here on video
4 5 record. Today's date is October 13, 2022. We're
5
6 here in the matter of Adriana Hincapie and Nicolas
6
7 7 Hincapie versus Joseph Bernard Wezkiewicz, case
8 8 number CACE-21-016648.
9
9 We're here via Zoom. Would counsel announce
10
11 10 your appearances?
12 11 MR. LABERTEW: Sure. Karl Labertew --
13
14 12 MS. CRITELLI: Before we start, are you able
15 13 to get this meeting thing being recorded off the
16
14 screen? I have no access. There we go. Okay.
17
18 15 Sorry.
19 16 MR. LABERTEW: Okay. Yeah. Karl Labertew for
20
17 the plaintiffs.
21
22 18 MS. CRITELLI: Sheri Critelli on behalf of the
23 19 defendant.
24
20 JOSEPH BERNARD WEZKIEWICZ,
25
21 after having been first duly sworn or affirmed, was
22 examined and testified as follows:
23 MR. WEZKIEWICZ: Yes.
24 MR. LABERTEW: Thank you, Madam Court
25 Reporter.
@J
- 4"
UNW
ERSAL
- COURT REPORTING
877.291.3376
www.UCRinc.com
Wezkiewicz, Joseph Bernard 10-13-2022
6 8
1 DIRECT EXAMINATION 1 take long, I expect probably 45 minutes and then we'Il
2 BY MR. LABERTEW: 2 be done.
3 Q. Sir, will you state your name for me? 3 I am not going to ask you any questions about
4 A. Joseph Bernard Wezkiewicz. 4 what you've talked about with your attorney because I'm
5 Q. All right. I'm going to presume that you've 5 not entitled to know that. The only thing I need from
6 never been deposed. Is that a correct statement? 6 you are answers directly from you. You can't ask your
7 A. Yeah, I've never. 7 attorney how to answer this or how to answer that. You
8 MS. CRITELLI: You need to speak up. 8 just need to know what you know. Fair enough?
9 MR. WEZKIEWICZ: Oh. 9 A. Yes.
10 A. Yes, I've never. 10 Q. There may be times when you hear your attorney
11 BY MR. LABERTEW: 11 utter the word "objection" or "object to form". If and
12 Q. Okay. So I'm going to, before we even get 12 when she does that, unless she instructs you not to
13 started in this, I'm going to give you a few ground 13 answer the question, you still have to answer the
14 rules, and it's even made more complicated by the fact 14 question. She's basically reserving that question for
15 that we're doing this video. All right. 15 something that we can discuss in front of a judge. Does
16 First thing you need to know is this is 16 that make sense?
17 nothing more than a question and answer session. I'm 17 A. Yeah.
18 going to be asking you some questions, you're going to 18 Q. All right. And you're doing a great job. The
19 answer the questions. I'm not here to trick you. I 19 only other thing I you - and you're nailing
would tell
20 just want to know what you know and what you don't know. 20 it perfectly - even
though we're on video, people
21 If at any point I ask you a question and you 21 sometimes get into the habit of being uh-huh, uh-uh,
22 do not understand my question, please let me know. All 22 nah, mm-hmm, and those sort of things, and our court
23 right? 23 reporter can't type those down, because when she types
24 A. Yes. 24 down unh-unh that's just a letter U-N-H, right, and I'm
25 Q. Okay. Since we're in the middle of this --
25 going to have a different opinion as to what U-N-H means
7 9
1 since we're doing it in video, one thing that you may 1 as to what your attorney means.
2 notice is sometimes there's a bit of a lag, so let me 2 So if you hear me say is that a yes, is that a
3 completely finish asking my question, even if you know 3 no, I'm not trying to correct your grammar. I'm just
4 where the answer is going, let me finish asking the 4 trying to make sure that the transcript later on is
5 question because our court reporter can only take down 5 clear; is that fair?
6 one person speaking at a time. Fair enough? 6 A. Yes.
7 A. Yes. 7 Q. All right. If atany point we need to take a
8 Q. All right. Like I said, I'm not here to trick 8 break, you can take a break. Just let us know you need
9 you. If you do not know an answer, it is okay to say, I 9 to step out, go to the bathroom, so whatever. I would
10 don't know, I don't remember. 10 simply ask that if there is a question that has been
11 If you guess at an answer, please indicate -- 11 asked of you, you answer the question first. All right?
12 and I'm sure your attorney Ms. Critelli has probably 12 A. Yes.
13 already told you not to guess. But, you know, if you 13 Q. Do you have any questions about the
14 throw out an answer and say, well, I think it might be 14 information I've given you thus far?
15 X, just make sure you let us know when you're guessing, 15 A. No.
16 because we don't want you guess. We need to know what 16 Q. All right. Are you ready to proceed?
17 you know and what you don't know. Does that make sense? 17 A. Yes.
18 A. Yes. 18 Q. All right. I already asked you your name, but
19 Q. All right. And you understand you've been 19 I think I know the answer. But you're not a junior;
20 placed under oath; correct? 20 correct?
21 A. Yes. 21 A. No.
22 Q. And that means you're supposed to tell the 22 Q. What are you?
23 truth; correct? 23 A. The Ill.
24 A. Yes. 24 Q. The Ill. Is Joseph Wezkiewicz, Junior, your
25 Q. All right. And, again, hopefully this won't 25 father?
qD UNIVERSAL 877.291.3376
- COURT REPORTING www.UCRinc.com
Wezkiewicz, Joseph Bernard 10-13-2022
10 12
1 A. Yes. 1 not to answer. It's correspondence I sent over to
2 Q. All right. And then I presume probably Joseph 2 him.
3 Wezkiewicz, Senior, would be his father? 3 MR. LABERTEW: Okay. I figured as much. I
4 A. Yes. 4 just wanted to make sure he wasn't talking about
5 Q. All right. Where do you currently reside? 5 his interrogatories.
6 A. Can you estate that? 6 BY MR. LABERTEW:
7 Q. Sure. Where do you live? 7 Q. Have you had a chance to review the
8 A. I live in Weston, Weston, Florida. 8 interrogatories that are in front of you?
9 Q. What is the address where you live? 9 A. Yes.
10 A. 1182 Ginger Circle. 10 Q. Okay. You've looked those over prior to your
11 Q. All right. And who do you live at that 11 deposition as well?
12 address with? 12 A. Yes.
13 A. I live with my mom, my dad, and my brother and 13 Q. Okay. Do you have --
having looked those
14 sister. 14 over, are there any questions -- excuse me. Strike
15 Q. All right. What's your -- we've already got 15 that.
16 your father's name. What's your mother's name? 16 Having looked those over, are there any
17 A. Yolanda. 17 answers to interrogatories that you wish to change or
18 Q. Yolanda. And how old are your brothers and 18 amend at this point?
19 sisters? 19 A. No.
20 A. They are both 16 years old. 20 Q. Okay. And I'm going to attempt -- I'm not a
21 Q. Sixteen. So you're the older brother? 21 teenager so I'm not skilled with technology, but I'm
22 A. Yes. 22 going to attempt to show you the last page of your
23 Q. All right. Are they twins? 23 interrogatories.
24 A. Yes, they are. 24 Can you see that document on your screen?
25 Q. Okay. One last thing - and this is not 25 A. Yes.
11 13
1 nitpicking, but I see you looking down - do you have a 1 Q. If I shared the right screen it should say --
2 document in front of you? 2 it should have a case number at the top right, it should
3 A. Yes, I do. 3 say jurat page, and then it says, "I swear -- I
hereby
4 Q. Okay. What document do you have in front of 4 swear or affirm that I've answered the foregoing
5 you? 5 interrogatories and the answers to said interrogatories
6 MS. CRITELLI: They're his Answers to 6 are to the best of my knowledge, information, and belief
7 Interrogatories. 7 true and correct, this 16thday of November, 2021," and
8 MR. LABERTEW: I figured as much, but just 8 then there's a signature and then it says beneath that
9 wanted to make sure. 9 signature "Joseph Bernard Wezkiewicz, Ill". Do you see
10 MS. CRITELLI: And he's just looking down, I 10 that?
11 mean, not to testify, he's just looking down. 11 A. Yes.
12 BY MR. LABERTEW: 12 Q. Is that your signature?
13 Q. All right. That brings up a good question. 13 A. Yes, it is.
14 Have you reviewed those interrogatories? 14 Q. Okay. And this jurat page is attached to your
15 A. I'm sorry? 15 interrogatories. Do you understand that?
16 Q. So prior to this deposition that we're sitting 16 A. Yes.
17 here conducting right now, what documents did you look 17 Okay. And just to make sure you understand,
Q.
18 at to prepare yourself? 18 you understand that you are swearing by signing this
19 A. I've read over a list of the rules of what 19 that the answers that you gave in those interrogatories
20 questions I might be asked, and that's it. 20 are true and correct?
21 Q. And I'm presuming that was probably
Okay. 21 A. Yes.
22 provided by your counsel, but when you say the rules of 22 Q. Okay.
23 what you might be asked, are you talking about that list 23 MR. LABERTEW: AII right. Let's go off the
24 of questions that's in front of you? 24 record very briefly, Madam Court Reporter.
25 MS. CRITELLI: No. I'm going to instruct him 25 (Off the record 10:50 a.m.)
qD UNIVERSAL 877.291.3376
- COURT REPORTING www.UCRinc.com
Wezkiewicz, Joseph Bernard 10-13-2022
14 16
1
(On the record 10:52 a.m.) 1 A. Yes.
2 BY MR. LABERTEW: 2 Q. All right. When you went and applied for your
3 Q. All right. And Mr. Wezkiewicz, just to 3 license who took you to get your license? Was it your
4 confirm, you're going to provide your Social Security 4 mother or your father?
5 information to your attorney, that's what we were 5 A. My father.
6 discussing; correct? 6 Q. Your father. And if you see pauses I'm
7 A. Yes. 7 we go because I'm terrible at -- I can't read
writing as
8 Q. All right. What is your date of birth? 8 my scratch so I just put as much in there as I can,
9 A. I was born November 5th of 2003. 9 SO...
10 Q. All right. Do you know the date of this 10 Now, the vehicle you were driving that date
11 accident? 11 the 2018 BMW was that your vehicle?
12 A. I do not. I don't remember. 12 A. Yes.
13 Q. All right. So if I told you it was July 26th 13 Q. All right. You currently live with your
14 of 2020, would you have reason to disagree with that? 14 parents. Are you out of school now?
15 A. No. 15 A. No. I'm currently in school.
16 Q. All right. If the accident occurred on July 16 Q. Are you a senior at this point?
17 26th of 2020 and you were born in November of 2003, how 17 A. No. I'm a freshman in college.
18 old would you have been at the time of the accident? 18 Q. That was dumb of me. I was thinking school
19 A. Sixteen. 19 meaning high school. So you're a freshman in college.
20 Q. You were 16 at the time. All right. 20 Congratulations. Where are you going to school?
21 A. Yes. 21 A. I go to Nova.
22 Q. How long had you had your driver's license? 22 Q. Nova. All right. Do you live on campus or do
23 Did you get like my kids on the day of your birthday
it 23 you still live at home?
24 because that's a big deal? 24 A. I still live at home.
25 A. No, I did not. 25 Q. What is your major?
15 17
1 Q. Okay. When did you get your driver's license, 1 A. Business.
2 if you recall? 2 Q. Business. Okay. Did you start this, I guess,
3 A. I know it was after my birthday, but I'm not 3 in July, August of this year?
4 sure when. 4 A. Yes.
5 MS. CRITELLI: You want me to check his 5 Q. Okay. You graduated, I guess, May or June of
6 license because it should have it on it? 6 2022 from high school?
7 MR. LABERTEW: Yeah, that's fine. Just tell 7 A. Yes.
8 us what the date of issuance is. 8 Q. Okay. Since the time you got your driver's
9 MS. CRITELLI: Yeah. Let's see. Where is it? 9 license,whenever that was after your birthday, either
10 That's weird. 10 end 2019 or the beginning of 2020, we know that you
of
11 MR. LABERTEW: We don't have to worry about 11 were involved in this particular collision. Have you
12 it. 12 been in any other automobile accidents prior to this
13 MS. CRITELLI: Yeah. It doesn't say it
13 one?
14 because it's under 21 license it doesn't say date 14 A. No.
15 of issuance. Have you been
15 Q. in any auto accidents since this
16 MR. LABERTEW: They don't have to put that on. 16 one?
17 MS. CRITELLI: No. Oh well. All right. 17 MS. CRITELLI: Can I have a standing
just
18 BY MR. LABERTEW: 18 objection as to any prior or subsequent? I don't
19 Q. Is it fair to state that on the date that this 19 know what his answers are.
20 accident occurred July 26th of 2020 you had your Florida 20 MR. LABERTEW: Sure. Yeah. That's fine.
21 driver's license? 21 MS. CRITELLI: Go ahead. Meaning --
yeah.
22 A. Yes. 22 A. Yes, I have.
23 Q. All right. And at some point between your 23 BY MR. LABERTEW:
24 birthday and that date you went and applied for your 24 Q. Okay. And just so that the question is clear,
25 license? 25 I'm talking about from July 26th of 2020 to today you've
qD UNIVERSAL 877.291.3376
- COURT REPORTING www.UCRinc.com
Wezkiewicz, Joseph Bernard 10-13-2022
18 20
1 been in subsequent accidents? 1 Q. Okay. Late afternoon? Early afternoon? Best
2 A. Yes. 2 understanding.
3 Q. Okay. That's fair. And your counsel -- this 3 A. Mid afternoon.
4 is one of those examples where I told you your counsel 4 Q. Okay. What had you been doing that day?
5 was going to object and we will deal with those in front 5 A. I was eating with my friend probably 30
6 of the judge at a later date, so that objection still 6 minutes before the accident.
7 stands. 7 Q. Okay. And who is your friend? What's your
8 But with that being said, how many accidents, 8 friend's name?
9 not counting the one I am here to talk to you about, how 9 A. Sebastian Ramos.
10 many accidents have you been in since that one? 10 Q. Sebastian Ramos?
11 A. One. 11 A. Yes.
12 Q. One. So it's a grand total of two accidents, 12 Q. And where do you know Sebastian from?
13 the one we're here to talk about and then a subsequent 13 A. From St. Thomas Aquinas.
14 one? 14 Q. Okay. When you attended there you knew him
15 A. Yes. 15 there?
16 Q. Okay. This was -- since I already told you it 16 A. Yeah. I met him there.
17 was July of 2020, July 26th of 2020, where did you go to 17 Q. Okay. On the date of this accident July 26th
18 high school? 18 of 2020 were you working?
19 A. I went to St. Thomas Aquinas my first year and 19 A. No, I was not.
20 Xceed Preparatory Academy in Weston for the rest of high 20 Q. Okay. Did you have a part time job at that
21 school. 21 time?
22 Q. Okay. So you -- it's a private school; 22 A. No.
23 correct? 23 Q. Okay. All right. So you and Sebastian Ramos
24 A. Yes, both of them are. 24 were together. Was that for breakfast? Was that for
25 Q. All right. Were you a -- let me strike the 25 lunch? What was that?
19 21
1 way I was about to ask that. 1 A. For lunch.
2 Does your school go full year round or do you 2 Q. All right. And where were you guys?
3 have a summer break? 3 A. We went to Rocco's Tacos in Las Olas.
4 A. My current school? 4 Q. Rocco's Tacos?
5 Q. Not Nova but the second one that you were 5 A. Yes.
6 enrolled in at the time. 6 Q. Besides yourself and Sebastian, was anybody
7 A. Oh, okay. Yeah. Year long. Year long. 7 else there?
8 Q. Okay. So in July of 2020 were you in class at 8 A. No.
9 that time or were you on some sort of break between your 9 Q. All right. How long were you at Rocco's
10 -- I
guess that would have been your junior year? 10 Tacos?
11 A. The accident? 11 A. An hour.
12 Q. Yeah. 12 Q. All right. So it was just the two of you, and
13 A. No, it wasn't my junior year. 13 were you meeting there for a specific reason or was it
14 Q. What year of school was it? 14 just to grab lunch?
15 A. I don't remember. I'm not sure. 15 A. Just to meet up, catch up.
16 Q. Okay. That's fair. 16 Q. All right. Did you take him there or did you
17 In July of 2020 were you going to class? 17 guys meet there?
18 A. No. 18 A. We met there.
19 Q. Okay. So you were on some sort of break 19 Q. How did you get there?
20 between semesters; fair? 20 A. I drove.
21 A. Yes. 21 Q. Where did you drive from?
22 Q. Okay. On the date of this accident, July 26th 22 A. Weston.
23 of 2020, do you recall approximately what time the 23 Q. From your home?
24 accident took place? 24 A. Yes.
25 A. Some time in the afternoon. 25 Q. All right. Do you know where Sebastian came
qD UNIVERSAL
Preview
Filing# 180136059 E-Filed 08/21/2023 02:53:09 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ADRIANA HINCAPIE and CIVIL DIVISION NICOLAS HINCAPIE, CASE NO- CACE 21-016648 Plaintiffs, V JOSEPH BERNARD WEZKIEWICZ, JR. and JOSEPH BERNARD WEZKIEWICZ III, Defendants. i PLAINTIFFS' NOTICE OF FILING PLEASE TAKE NOTICE that the Plaintiffs, ADRIANA HINCAPIE and NICOLAS HINCAPIE, by and through the undersigned counsel, hereby file the following documents: 1. Deposition Transcriptof Joseph Bernard Wezkiewicz, III taken on October 13, 2022, attached as Exhibit "A ". 2. DepositionTranscriptof Joseph Wezkiewicz, Jr. taken on March 3,2023, attached as Exhibit "B". CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 21 St day of August 2023, I filed the electronically foregoing with the Clerk of Courts via the Florida Courts E-filingPortal, which will send notification of electronic filingto all counsel of record. RUBENSTEIN LAW, P.A. Attorneys for Plaintiff 9130 S Dadeland Blvd, PH Suite Miami, FL 33156 Tel: (305) 661-6000 Fax: (305) 670-7555 Email: klabertew@rubensteinlaw.com mdavila@rubensteinlaw.com eservice@rubensteinlaw.com *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/21/2023 02:53:09 PM.**** By: -is/Karl W. Labertew KARL W. LABERTEW, B.C.S. Florida Bar No.. 0615234 -2- EXHIBIT "A 99 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-016648 ADRIANA HINCAPIE and NICOLAS HINCAPIE, Plaintiffs, VS. JOSEPH BERNARD WEZKIEWICZ, Defendant. 1 VIDEOTAPED DEPOSITION OF JOSEPH BERNARD WEZKIEWICZ TAKEN ON BEHALF OF THE PLAINTIFFS OCTOBER 13, 2022 10:40 A.M. TO 11:26 A.M. ALL PARTIES APPEARED REMOTELY PURSUANT TO FLORIDA SUPREME COURT ORDER AOSC20-23 REPORTED BY: VICTORIA SUAREZ, COURT REPORTER NOTARY PUBLIC, STATE OF FLORIDA qD UNIVERSAL 877.291.3376 - COURT REPORTING www.UCRinc.com Wezkiewicz, Joseph Bernard 10-13-2022 2 4 1 APPEARANCES OF COUNSEL 1 INDEX OF EXHIBITS 2 ON BEHALF OF THE PLAINTIFFS PLAINTIFF'S 3 KARL W. L/\BERTEW, Esquire RUBENSTEIN LAW 2 EXHIBIT DESCRIPTION PAGE 4 200 South Orange Avenue 3 1 Photograph 29 Suite 2000 4 5 Orlando, FL 32801-3418 5 321.319.8574 6 6 Klabertew@rubensteinlaw.com 7 (REMOTELY VIA ZOOM) 8 7 9 ON BEHALF OF THE DEFENDANT: 10 8 11 SHERI L. CRITELLI, Esquire 12 9 NICHOLAS J. RYAN & ASSOCIATES 13 110 SE 6th Street 14 10 Suite 2100 15 Fort Lauderdale, FL 33301-5052 16 11 954.627.9401 17 flor.law-shericritelli.298019@statefarm.com 18 12 (REMOTELY VIA ZOOM) 19 13 14 20 15 21 16 22 17 23 18 24 19 25 20 21 22 23 24 25 3 5 1 INDEX OF EXAMINATION 1 VIDEOTAPED DEPOSITION OF JOSEPH BERNARD 2 WITNESS: JOSEPH BERNARD WEZKIEWICZ WEZKIEWICZ PAGE 2 OCTOBER 13, 2022 3 DIRECT EXAMINATION 3 THEREUPON: By Mr. Labertew 6 4 THE COURT REPORTER: We're here on video 4 5 record. Today's date is October 13, 2022. We're 5 6 here in the matter of Adriana Hincapie and Nicolas 6 7 7 Hincapie versus Joseph Bernard Wezkiewicz, case 8 8 number CACE-21-016648. 9 9 We're here via Zoom. Would counsel announce 10 11 10 your appearances? 12 11 MR. LABERTEW: Sure. Karl Labertew -- 13 14 12 MS. CRITELLI: Before we start, are you able 15 13 to get this meeting thing being recorded off the 16 14 screen? I have no access. There we go. Okay. 17 18 15 Sorry. 19 16 MR. LABERTEW: Okay. Yeah. Karl Labertew for 20 17 the plaintiffs. 21 22 18 MS. CRITELLI: Sheri Critelli on behalf of the 23 19 defendant. 24 20 JOSEPH BERNARD WEZKIEWICZ, 25 21 after having been first duly sworn or affirmed, was 22 examined and testified as follows: 23 MR. WEZKIEWICZ: Yes. 24 MR. LABERTEW: Thank you, Madam Court 25 Reporter. @J - 4" UNW ERSAL - COURT REPORTING 877.291.3376 www.UCRinc.com Wezkiewicz, Joseph Bernard 10-13-2022 6 8 1 DIRECT EXAMINATION 1 take long, I expect probably 45 minutes and then we'Il 2 BY MR. LABERTEW: 2 be done. 3 Q. Sir, will you state your name for me? 3 I am not going to ask you any questions about 4 A. Joseph Bernard Wezkiewicz. 4 what you've talked about with your attorney because I'm 5 Q. All right. I'm going to presume that you've 5 not entitled to know that. The only thing I need from 6 never been deposed. Is that a correct statement? 6 you are answers directly from you. You can't ask your 7 A. Yeah, I've never. 7 attorney how to answer this or how to answer that. You 8 MS. CRITELLI: You need to speak up. 8 just need to know what you know. Fair enough? 9 MR. WEZKIEWICZ: Oh. 9 A. Yes. 10 A. Yes, I've never. 10 Q. There may be times when you hear your attorney 11 BY MR. LABERTEW: 11 utter the word "objection" or "object to form". If and 12 Q. Okay. So I'm going to, before we even get 12 when she does that, unless she instructs you not to 13 started in this, I'm going to give you a few ground 13 answer the question, you still have to answer the 14 rules, and it's even made more complicated by the fact 14 question. She's basically reserving that question for 15 that we're doing this video. All right. 15 something that we can discuss in front of a judge. Does 16 First thing you need to know is this is 16 that make sense? 17 nothing more than a question and answer session. I'm 17 A. Yeah. 18 going to be asking you some questions, you're going to 18 Q. All right. And you're doing a great job. The 19 answer the questions. I'm not here to trick you. I 19 only other thing I you - and you're nailing would tell 20 just want to know what you know and what you don't know. 20 it perfectly - even though we're on video, people 21 If at any point I ask you a question and you 21 sometimes get into the habit of being uh-huh, uh-uh, 22 do not understand my question, please let me know. All 22 nah, mm-hmm, and those sort of things, and our court 23 right? 23 reporter can't type those down, because when she types 24 A. Yes. 24 down unh-unh that's just a letter U-N-H, right, and I'm 25 Q. Okay. Since we're in the middle of this -- 25 going to have a different opinion as to what U-N-H means 7 9 1 since we're doing it in video, one thing that you may 1 as to what your attorney means. 2 notice is sometimes there's a bit of a lag, so let me 2 So if you hear me say is that a yes, is that a 3 completely finish asking my question, even if you know 3 no, I'm not trying to correct your grammar. I'm just 4 where the answer is going, let me finish asking the 4 trying to make sure that the transcript later on is 5 question because our court reporter can only take down 5 clear; is that fair? 6 one person speaking at a time. Fair enough? 6 A. Yes. 7 A. Yes. 7 Q. All right. If atany point we need to take a 8 Q. All right. Like I said, I'm not here to trick 8 break, you can take a break. Just let us know you need 9 you. If you do not know an answer, it is okay to say, I 9 to step out, go to the bathroom, so whatever. I would 10 don't know, I don't remember. 10 simply ask that if there is a question that has been 11 If you guess at an answer, please indicate -- 11 asked of you, you answer the question first. All right? 12 and I'm sure your attorney Ms. Critelli has probably 12 A. Yes. 13 already told you not to guess. But, you know, if you 13 Q. Do you have any questions about the 14 throw out an answer and say, well, I think it might be 14 information I've given you thus far? 15 X, just make sure you let us know when you're guessing, 15 A. No. 16 because we don't want you guess. We need to know what 16 Q. All right. Are you ready to proceed? 17 you know and what you don't know. Does that make sense? 17 A. Yes. 18 A. Yes. 18 Q. All right. I already asked you your name, but 19 Q. All right. And you understand you've been 19 I think I know the answer. But you're not a junior; 20 placed under oath; correct? 20 correct? 21 A. Yes. 21 A. No. 22 Q. And that means you're supposed to tell the 22 Q. What are you? 23 truth; correct? 23 A. The Ill. 24 A. Yes. 24 Q. The Ill. Is Joseph Wezkiewicz, Junior, your 25 Q. All right. And, again, hopefully this won't 25 father? qD UNIVERSAL 877.291.3376 - COURT REPORTING www.UCRinc.com Wezkiewicz, Joseph Bernard 10-13-2022 10 12 1 A. Yes. 1 not to answer. It's correspondence I sent over to 2 Q. All right. And then I presume probably Joseph 2 him. 3 Wezkiewicz, Senior, would be his father? 3 MR. LABERTEW: Okay. I figured as much. I 4 A. Yes. 4 just wanted to make sure he wasn't talking about 5 Q. All right. Where do you currently reside? 5 his interrogatories. 6 A. Can you estate that? 6 BY MR. LABERTEW: 7 Q. Sure. Where do you live? 7 Q. Have you had a chance to review the 8 A. I live in Weston, Weston, Florida. 8 interrogatories that are in front of you? 9 Q. What is the address where you live? 9 A. Yes. 10 A. 1182 Ginger Circle. 10 Q. Okay. You've looked those over prior to your 11 Q. All right. And who do you live at that 11 deposition as well? 12 address with? 12 A. Yes. 13 A. I live with my mom, my dad, and my brother and 13 Q. Okay. Do you have -- having looked those 14 sister. 14 over, are there any questions -- excuse me. Strike 15 Q. All right. What's your -- we've already got 15 that. 16 your father's name. What's your mother's name? 16 Having looked those over, are there any 17 A. Yolanda. 17 answers to interrogatories that you wish to change or 18 Q. Yolanda. And how old are your brothers and 18 amend at this point? 19 sisters? 19 A. No. 20 A. They are both 16 years old. 20 Q. Okay. And I'm going to attempt -- I'm not a 21 Q. Sixteen. So you're the older brother? 21 teenager so I'm not skilled with technology, but I'm 22 A. Yes. 22 going to attempt to show you the last page of your 23 Q. All right. Are they twins? 23 interrogatories. 24 A. Yes, they are. 24 Can you see that document on your screen? 25 Q. Okay. One last thing - and this is not 25 A. Yes. 11 13 1 nitpicking, but I see you looking down - do you have a 1 Q. If I shared the right screen it should say -- 2 document in front of you? 2 it should have a case number at the top right, it should 3 A. Yes, I do. 3 say jurat page, and then it says, "I swear -- I hereby 4 Q. Okay. What document do you have in front of 4 swear or affirm that I've answered the foregoing 5 you? 5 interrogatories and the answers to said interrogatories 6 MS. CRITELLI: They're his Answers to 6 are to the best of my knowledge, information, and belief 7 Interrogatories. 7 true and correct, this 16thday of November, 2021," and 8 MR. LABERTEW: I figured as much, but just 8 then there's a signature and then it says beneath that 9 wanted to make sure. 9 signature "Joseph Bernard Wezkiewicz, Ill". Do you see 10 MS. CRITELLI: And he's just looking down, I 10 that? 11 mean, not to testify, he's just looking down. 11 A. Yes. 12 BY MR. LABERTEW: 12 Q. Is that your signature? 13 Q. All right. That brings up a good question. 13 A. Yes, it is. 14 Have you reviewed those interrogatories? 14 Q. Okay. And this jurat page is attached to your 15 A. I'm sorry? 15 interrogatories. Do you understand that? 16 Q. So prior to this deposition that we're sitting 16 A. Yes. 17 here conducting right now, what documents did you look 17 Okay. And just to make sure you understand, Q. 18 at to prepare yourself? 18 you understand that you are swearing by signing this 19 A. I've read over a list of the rules of what 19 that the answers that you gave in those interrogatories 20 questions I might be asked, and that's it. 20 are true and correct? 21 Q. And I'm presuming that was probably Okay. 21 A. Yes. 22 provided by your counsel, but when you say the rules of 22 Q. Okay. 23 what you might be asked, are you talking about that list 23 MR. LABERTEW: AII right. Let's go off the 24 of questions that's in front of you? 24 record very briefly, Madam Court Reporter. 25 MS. CRITELLI: No. I'm going to instruct him 25 (Off the record 10:50 a.m.) qD UNIVERSAL 877.291.3376 - COURT REPORTING www.UCRinc.com Wezkiewicz, Joseph Bernard 10-13-2022 14 16 1 (On the record 10:52 a.m.) 1 A. Yes. 2 BY MR. LABERTEW: 2 Q. All right. When you went and applied for your 3 Q. All right. And Mr. Wezkiewicz, just to 3 license who took you to get your license? Was it your 4 confirm, you're going to provide your Social Security 4 mother or your father? 5 information to your attorney, that's what we were 5 A. My father. 6 discussing; correct? 6 Q. Your father. And if you see pauses I'm 7 A. Yes. 7 we go because I'm terrible at -- I can't read writing as 8 Q. All right. What is your date of birth? 8 my scratch so I just put as much in there as I can, 9 A. I was born November 5th of 2003. 9 SO... 10 Q. All right. Do you know the date of this 10 Now, the vehicle you were driving that date 11 accident? 11 the 2018 BMW was that your vehicle? 12 A. I do not. I don't remember. 12 A. Yes. 13 Q. All right. So if I told you it was July 26th 13 Q. All right. You currently live with your 14 of 2020, would you have reason to disagree with that? 14 parents. Are you out of school now? 15 A. No. 15 A. No. I'm currently in school. 16 Q. All right. If the accident occurred on July 16 Q. Are you a senior at this point? 17 26th of 2020 and you were born in November of 2003, how 17 A. No. I'm a freshman in college. 18 old would you have been at the time of the accident? 18 Q. That was dumb of me. I was thinking school 19 A. Sixteen. 19 meaning high school. So you're a freshman in college. 20 Q. You were 16 at the time. All right. 20 Congratulations. Where are you going to school? 21 A. Yes. 21 A. I go to Nova. 22 Q. How long had you had your driver's license? 22 Q. Nova. All right. Do you live on campus or do 23 Did you get like my kids on the day of your birthday it 23 you still live at home? 24 because that's a big deal? 24 A. I still live at home. 25 A. No, I did not. 25 Q. What is your major? 15 17 1 Q. Okay. When did you get your driver's license, 1 A. Business. 2 if you recall? 2 Q. Business. Okay. Did you start this, I guess, 3 A. I know it was after my birthday, but I'm not 3 in July, August of this year? 4 sure when. 4 A. Yes. 5 MS. CRITELLI: You want me to check his 5 Q. Okay. You graduated, I guess, May or June of 6 license because it should have it on it? 6 2022 from high school? 7 MR. LABERTEW: Yeah, that's fine. Just tell 7 A. Yes. 8 us what the date of issuance is. 8 Q. Okay. Since the time you got your driver's 9 MS. CRITELLI: Yeah. Let's see. Where is it? 9 license,whenever that was after your birthday, either 10 That's weird. 10 end 2019 or the beginning of 2020, we know that you of 11 MR. LABERTEW: We don't have to worry about 11 were involved in this particular collision. Have you 12 it. 12 been in any other automobile accidents prior to this 13 MS. CRITELLI: Yeah. It doesn't say it 13 one? 14 because it's under 21 license it doesn't say date 14 A. No. 15 of issuance. Have you been 15 Q. in any auto accidents since this 16 MR. LABERTEW: They don't have to put that on. 16 one? 17 MS. CRITELLI: No. Oh well. All right. 17 MS. CRITELLI: Can I have a standing just 18 BY MR. LABERTEW: 18 objection as to any prior or subsequent? I don't 19 Q. Is it fair to state that on the date that this 19 know what his answers are. 20 accident occurred July 26th of 2020 you had your Florida 20 MR. LABERTEW: Sure. Yeah. That's fine. 21 driver's license? 21 MS. CRITELLI: Go ahead. Meaning -- yeah. 22 A. Yes. 22 A. Yes, I have. 23 Q. All right. And at some point between your 23 BY MR. LABERTEW: 24 birthday and that date you went and applied for your 24 Q. Okay. And just so that the question is clear, 25 license? 25 I'm talking about from July 26th of 2020 to today you've qD UNIVERSAL 877.291.3376 - COURT REPORTING www.UCRinc.com Wezkiewicz, Joseph Bernard 10-13-2022 18 20 1 been in subsequent accidents? 1 Q. Okay. Late afternoon? Early afternoon? Best 2 A. Yes. 2 understanding. 3 Q. Okay. That's fair. And your counsel -- this 3 A. Mid afternoon. 4 is one of those examples where I told you your counsel 4 Q. Okay. What had you been doing that day? 5 was going to object and we will deal with those in front 5 A. I was eating with my friend probably 30 6 of the judge at a later date, so that objection still 6 minutes before the accident. 7 stands. 7 Q. Okay. And who is your friend? What's your 8 But with that being said, how many accidents, 8 friend's name? 9 not counting the one I am here to talk to you about, how 9 A. Sebastian Ramos. 10 many accidents have you been in since that one? 10 Q. Sebastian Ramos? 11 A. One. 11 A. Yes. 12 Q. One. So it's a grand total of two accidents, 12 Q. And where do you know Sebastian from? 13 the one we're here to talk about and then a subsequent 13 A. From St. Thomas Aquinas. 14 one? 14 Q. Okay. When you attended there you knew him 15 A. Yes. 15 there? 16 Q. Okay. This was -- since I already told you it 16 A. Yeah. I met him there. 17 was July of 2020, July 26th of 2020, where did you go to 17 Q. Okay. On the date of this accident July 26th 18 high school? 18 of 2020 were you working? 19 A. I went to St. Thomas Aquinas my first year and 19 A. No, I was not. 20 Xceed Preparatory Academy in Weston for the rest of high 20 Q. Okay. Did you have a part time job at that 21 school. 21 time? 22 Q. Okay. So you -- it's a private school; 22 A. No. 23 correct? 23 Q. Okay. All right. So you and Sebastian Ramos 24 A. Yes, both of them are. 24 were together. Was that for breakfast? Was that for 25 Q. All right. Were you a -- let me strike the 25 lunch? What was that? 19 21 1 way I was about to ask that. 1 A. For lunch. 2 Does your school go full year round or do you 2 Q. All right. And where were you guys? 3 have a summer break? 3 A. We went to Rocco's Tacos in Las Olas. 4 A. My current school? 4 Q. Rocco's Tacos? 5 Q. Not Nova but the second one that you were 5 A. Yes. 6 enrolled in at the time. 6 Q. Besides yourself and Sebastian, was anybody 7 A. Oh, okay. Yeah. Year long. Year long. 7 else there? 8 Q. Okay. So in July of 2020 were you in class at 8 A. No. 9 that time or were you on some sort of break between your 9 Q. All right. How long were you at Rocco's 10 -- I guess that would have been your junior year? 10 Tacos? 11 A. The accident? 11 A. An hour. 12 Q. Yeah. 12 Q. All right. So it was just the two of you, and 13 A. No, it wasn't my junior year. 13 were you meeting there for a specific reason or was it 14 Q. What year of school was it? 14 just to grab lunch? 15 A. I don't remember. I'm not sure. 15 A. Just to meet up, catch up. 16 Q. Okay. That's fair. 16 Q. All right. Did you take him there or did you 17 In July of 2020 were you going to class? 17 guys meet there? 18 A. No. 18 A. We met there. 19 Q. Okay. So you were on some sort of break 19 Q. How did you get there? 20 between semesters; fair? 20 A. I drove. 21 A. Yes. 21 Q. Where did you drive from? 22 Q. Okay. On the date of this accident, July 26th 22 A. Weston. 23 of 2020, do you recall approximately what time the 23 Q. From your home? 24 accident took place? 24 A. Yes. 25 A. Some time in the afternoon. 25 Q. All right. Do you know where Sebastian came qD UNIVERSAL