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Filing # 192961109 E-Filed 02/28/2024 04:43:46 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2020 CA 002872 AN
ASBEL ALEXANDER LLERENA,
Plaintiff,
V.
ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.,
Defendants.
NOTICE OF FILING DEPOSITION TRANSCRIPT OF ASBEL ALEXANDER
LLERENA
COME NOW Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S
GARDEN II, INC., by and through their undersigned counsel, and files this Notice of Filing
the Deposition Transcript of Asbel Alexander Llerena dated August 13, 2021 in the above-
referenced matter, for use at trial or any other hearing, deposition on this matter.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 28th day of February, 2024, a true and correct
copy of the foregoing was filed with the Clerk of Osceola County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan &
Morgan, P.A., malzate@forthepeople.com;vpagan@forthepeople.com, 198 Broadway
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff,
Asbel Alexander Llerena.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant ADRIAN RODRIGUEZ
CHAVEZ AND GRANNY'S GARDEN II, INC.
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone (321) 972-0011
Facsimile (321) 972-0099
Primary e-mail: scott.shelton@csklegal.com
Secondary e-mail: gary.lewis@csklegal.com
Alternate e-mail:
sandra.mcintosh@csklegal.com
By: /s/ Gary L. Lewis
SCOTT A. SHELTON
Florida Bar No.: 36486
GARY L. LEWIS
Florida Bar No.: 158887
0487.2384-00
Page 2
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2020-CA-002872
ASBEL ALEJANDRO LLERENA,
PLAINTIFF,
Vv.
10
11 ADRIAN RODRIGUEZ CHAVEZ AND
12 GRANNY'S GARDEN II, INC.,
13 DEFENDANTS .
14 /
15 VIDEOCONFERENCE DEPOSITION OF ASBEL ALEJANDRO LLERENA
16 DATE: AUGUST 13, 2021
17 REPORTER: GABRIELLE MANZARES
18 PLACE: ALL PARTIES APPEARED VIA
19 VIDEOCONFERENCE
20
21
22
23
24
25
401 EAST JACKSON STREET, 315 EAST ROBINSON STREET,
SUITE 2370 SUITE 510
TAMPA, FL 33602 ORLANDO, FLORIDA 32801
CORPORATE
172235 Llerena Asbel 08-13-2021 Page 2
APPEARANCES
ON BEHALF OF THE PLAINTIFF, ASBEL ALEJANDRO LLERENA:
Melissa Alzate, Esquire
Morgan & Morgan, P.A.
198 Broadway
Kissimmee, Florida 34741
Telephone No.: (407) 452-1597
Facsimile No.: (407) 452-1623
10 E-mail: Malzate@forthepeople.com
11 (Appeared via videoconference)
12
13 ON BEHALF OF THE DEFENDANTS, ADRIAN RODRIGUEZ CHAVEZ AND
14 GRANNY'S GARDEN II, INC.:
15 Harley C. Clement, Esquire
16 Cole, Scott & Kissane, P.A.
17 1900 Summit Tower Boulevard
18 Suite 400
19 Orlando, Florida 32810
20 Telephone No.: (321) 972-0029
21 Facsimile No.: (321) 972-0099
22 E-mail: Harley.clement@csklegal.com
23 (Appeared via videoconference)
24
25
III
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172235 Llerena Asbel 08-13-2021 Page 3
INDEX
Page
PROCEEDINGS
DIRECT EXAMINATION BY MS. CLEMENT
CROSS-EXAMINATION BY MS. ALZATE 86
EXHIBITS
Exhibit Page
1 Photos of Accident 62
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
III
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172235 Llerena Asbel 08-13-2021 Page 4
STIPULATION
The videoconference deposition of Asbel A. Llerena was
taken remotely on Friday the 13th day of August 2021 at
approximately 1:13 p.m.; said videoconference deposition
was taken pursuant to the Florida Rules of Civil
Procedure. It is agreed that Gabrielle Manzares, being a
Notary Public and Court Reporter for the State of
Florida, may swear the witness, and that the reading and
10 signing of the completed transcript by the witness is
11 not waived.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
III
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172235 Llerena Asbel 08-13-2021 Page 5
PROCEEDINGS
THE REPORTER: We are now on record. Can all
parties present please state your name, who you
represent, and where you are attending from?
MS. CLEMENT: Harley Clement, on behalf of
Defendants, Adrian Chavez and Granny's Garden,
attending from the Orlando offices of Cole, Scott &
Kissane.
MS. ALZATE: Melissa Alzate, on behalf of Mr.
10 Llerena, appearing in Osceola County in the Morgan &
11 Morgan Kissimmee office.
12 THE REPORTER: Perfect. And then off record,
13 we did check Mr. Llerena's identification. I'm
14 going to go and swear you in, sir. Can you raise
15 your right hand? Do you solemnly swear or affirm
16 that the testimony you're about to give in this case
17 is the truth, the whole truth, and nothing but the
18 truth?
19 THE WITNESS: I do.
20 THE REPORTER: Thank you. You may proceed.
21 DIRECT EXAMINATION
22 BY MS. CLEMENT:
23 Q. Good afternoon, Mr. Llerena. This is Harley
24 Clement. As you just heard off the record, I represent
25 the defendants in this action, and I'll be taking your
III
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172235 Llerena Asbel 08-13-2021 Page 6
deposition today. Before we get started, have you ever
given a deposition before?
A. I have.
Q. Okay. So you're probably pretty familiar with
the ground rules, but I'm going to go over them with you
just as a refresher and it will help the process go more
smoothly for everyone involved.
A. Okay.
Q. So you just raised your right hand and swore
10 to tell the truth. Is there anything preventing you
11 from doing that today?
12 A. No.
13 Q. Okay. Have you taken any medications or other
14 substances that might impair your memory or impact your
15 ability to provide testimony today?
16 A. No.
17 Q. Okay. As you can see, the court reporter here
18 is transcribing everything that we say, so it's
19 important to get a clear record of what we're saying
20 that we don't speak over each other. So I ask that you
21 let me finish my question before you answer, and I'll
22 wait until you finish your answer before I ask my next
23 question; is that fair?
24 A. Yes.
25 Q. It's also difficult to transcribe gestures of
III
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172235 Llerena Asbel 08-13-2021 Page 7
hands or anything like "uh-huh," "uh-uh," things that
are not verbal "yes" or "no" answers. And so I ask that
we make all of our responses verbal and clear for the
court reporter; is that fair?
A. Yes.
Q. Okay. During the deposition, you might hear
your attorney say something like, "Objection" or "form".
You're still to answer the question unless she
specifically instructs you not to.
10 A. Okay.
11 Q. Okay? Although I don't anticipate this will
12 be a particularly long deposition. It's not meant to be
13 a test of our endurance, so if you need a break at any
14 point, just let me know and I'm happy to take one. I do
15 ask that if there is a question pending that you answer
16 the question before we take the break, okay?
17 A. Okay.
18 Q. Most important part today is that if you don't
19 understand one of my questions, please let me know and
20 I'm happy to rephrase it. If you answer a question, I'm
21 going to assume that you understood it; is that fair?
22 A. Yes.
23 Q. Please state your full name for the record.
24 A. Asbel Alejandro Llerena.
25 Q. Have you ever been known by any other name?
III
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172235 Llerena Asbel 08-13-2021 Page 8
A. No.
Q. Okay. Did you review any documents to get
ready for today's deposition?
A. I did.
Q. Which documents?
A. I simply just reviewed the dates of when the
accident was because it was kind of fuzzy.
Q. Okay. And what document did you look at to
refresh your memory on the dates?
10 A. I was looking at the document from the car
11 accident, the actual ticket, the citation that I have.
12 Q. Okay. Is that the police report or is it
13 something different?
14 A. The police report.
15 Q. Any other documents you reviewed?
16 A. Yes.
17 Q. What are those?
18 A. The response and -- to -- to the question.
19 Q. Okay. So those would be the answers that you
20 gave to interrogatories or written questions from my
21 office?
22 A. Correct.
23 Q. Okay. Anything else?
24 A. No, ma'am.
25 Q. Aside from conversations that you've had with
III
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172235 Llerena Asbel 08-13-2021 Page 9
your attorney, have you talked to anyone else to prepare
for today's deposition?
A. No.
MS. CLEMENT: off the record, please.
(OFF THE RECORD)
BY MS. CLEMENT:
Q. Off the record, we confirmed your date of
birth and Social Security number. I chose to do this
off the record so that it's not public in the court
10 filing or anything like that. Do you agree that's what
11 we did?
12 A. Yes.
13 Q. Okay. You said you've had your deposition
14 taken before. How many times has that happened?
15 A. Once.
16 Q. In what context did you give that deposition?
17 A. I worked at the time in the fire department
18 and there was a case that I was called in to testify.
19 Q. Were you a witness or were you a party to that
20 lawsuit?
21 A. A witness.
22 Q. Did you ever have to give testimony at trial?
23 A. No.
24 Q. What is your current address?
25 A.
III
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172235 Llerena Asbel 08-13-2021 Page 10
Q. And how long have you lived at that address?
A. Since 2002.
Q. All right. Does anyone live with you
currently?
A. Yes.
Q. Who would that be?
A. My wife and children.
Q. What is your wife's name?
10 A. Silmarie, S-I-L-M-A-R-I-E --
11 Q. And are your children minors or adults?
12 A. Minors.
13 Q. Okay. So I don't need to know their first
14 names, but if you can give me their first initial, last
15 name and age, that would be great.
16 A. First initial S., date of birth,
17 Q. And what is S.'s last name?
18 A. L.
19 Q. s. Okay. Same as you then?
20 A. Correct.
21 Q. Okay. And the second child?
22 A. N.
23 Q. And date of birth?
24 A. It's
25 Q. Are they both boys, girls or a mix?
III
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172235 Llerena Asbel 08-13-2021 Page 11
A. N. is a girl, S. is a boy.
Q. Was your wife and both children living with
you at the time of this accident?
A. Yes.
Q. Any knowledge that they would have about the
accident would come from what you've told them; is that
fair?
A. Correct.
Q. They didn't witness it themselves?
10 A. No.
11 Q. Has anyone else lived with you since the date
12 of this accident, which was September 3rd -- or I'm
13 sorry, December 3, 2019?
14 A. No.
15 Q. Anyone else that would have knowledge about
16 this accident besides your wife and children?
17 A. No.
18 Q. When did you and Silmarie get married?
19 A. 1-1 of 2000.
20 Q. Oh, that's a great date for an anniversary.
21 New year, new century, new everything. Has your
22 driver's license ever been suspended or revoked?
23 A. No.
24 Q. Now I'm going to ask you a series of three
25 questions. Please don't be offended by them. I have to
III
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172235 Llerena Asbel 08-13-2021 Page 12
1] ask them to every deponent Have you ever been
2| arrested?
3 A. Yes.
Q. When?
A. Approximately 1998.
Q. For what?
A. Possession.
Q. of what substance?
A. Cocaine.
10 Q. Was that a felony?
11 A. Charges were dropped.
12 Q. Was that here in Florida or somewhere else?
13 A. Miami, Florida.
14 Q. Is that Dade County or something else?
15 A. Dade County.
16 Q. Any other arrests besides the 1998 one?
17 A. No.
18 Q. Okay. Have you ever been convicted of a
19 felony?
20 A. No.
21 Q. Have you ever been convicted of any crime
22 involving dishonesty?
23 A. No.
24 Q. All right. Aside from this lawsuit, have you
25| ever been party to another lawsuit?
III
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172235 Llerena Asbel 08-13-2021 Page 13
A. No.
Q. Have you ever submitted a claim for personal
injuries that wasn't litigated, but was submitted to an
insurance company?
A. No.
Q. Have you ever made a claim for workers'
compensation?
A. I have.
Q. How many times?
10 A. Once.
11 Q. Where were you working?
12 A. Osceola County Fire Rescue.
13 Q. And when approximately was that claim made?
14 A. Approximately 2007.
15 Q. And tell me about how you were injured.
16 A. It wasn't an injury. It was heat exhaustion.
17 Q. So they -- what happened? Did you have some
18 sort of a syncope or spell, and they sent you to a
19 doctor or what?
20 A. No syncope, no spells. Simply heat exhaustion
21 from the training and the heat of the day.
22 Q. Okay. Is that the only workers' compensation
23 claim that you've made?
24 A. Yes.
25 Q. Have you ever filed for bankruptcy?
III
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172235 Llerena Asbel 08-13-2021 Page 14
A. No.
Q. Do you wear glasses or contacts?
A. I wear glasses.
Q. Are those for reading or distance?
A. Distance.
Q. Do you have to wear them all the time?
A. No.
Q. What about when you're driving?
A. No.
10 Q. Who was your optometrist?
11 A. I went to visit an optometrist and I don't
12 even know the name of the optometrist to be honest with
13 you. I believe it was at Walmart.
14 Q. How long ago was that?
15 A. About a year ago.
16 Q. Do you know what your prescription is?
17 A. Not at this time.
18 Q. Is that the Walmart in St. Cloud?
19 A. Yes, ma'am.
20 Q. Prior to that visit a year ago, were you
21 wearing glasses?
22 A. Yes.
23 Q. Were you wearing glasses at the time of this
24 accident in December of 2019?
25 A. Yes.
III
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172235 Llerena Asbel 08-13-2021 Page 15
Q. All right. What's your highest level of
education?
A. Senior year of college.
Q. Where did you go to College?
A. Liberty University.
Q. Is that in Virginia?
A. It was actually online.
Q. And what did you study?
A. Religion.
10 Q. Did you complete the course?
11 A. No.
12 Q. What level degree would that have been? Is
13 that a bachelor's?
14 A. I was pursuing a bachelor's degree, yes.
15 Q. Okay. Do you have any special training,
16 educations or licenses?
17 A. I do.
18 Q. What are they?
19 A. Basic life support, advanced cardiac life
20 support.
21 Q. When did you obtain those certifications?
22 A. I've held those certifications since
23 approximately 2000. I'm sorry. Since 1995.
24 Q. Do they require any sort of continuing
25 education to keep up?
III
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172235 Llerena Asbel 08-13-2021 Page 16
A. Yes.
Q. How often?
A. Every two years.
Q. Has your certification been active since 1995?
A. Yes.
Q. It's currently active?
A. Yes, ma'am.
Q. Any other certifications that you hold?
A. EMT and paramedic.
10 Q. When did you obtain the EMT certification?
11 A. 1995. Actually, 1994, I believe.
12 Q. And paramedic?
13 A. 1997.
14 Q. Has the EMT certification been active since
15 receiving it in 1994?
16 A. Yes.
17 Q. Same for paramedic?
18 A. Yes.
19 Q. Any other certifications?
20 A. No.
21 Q. Are you intending to offer any medical
22 opinions in this case?
23 A. No.
24 Q. Have you ever served in the military?
25 A. Yes.
III
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172235 Llerena Asbel 08-13-2021 Page 17
Q. Which branch?
A. US Army.
Q. What time?
A. 1993 to 2001.
Q. And what was your rank or position?
A. At the time of discharge, Private.
Q. Was it an honorable discharge?
A. Yes.
Q. Did you sustain any injuries while enlisted in
10 the military?
11 A. No.
12 Q. Are you making a claim for past lost wages?
13 A. Yes.
14 Q. Are you making a claim for loss of future
15 earning capacity?
16 A. Yes.
17 Q. Okay. Are you currently employed?
18 A. No.
19 Q. Well, when were you last employed?
20 A. February of 2020.
21 Q. Where?
22 A. Orlando Health.
23 Q. When did you start at Orlando Health?
24 A. February of 2020.
25 Q. Oh, I'm sorry. I thought that's when you left
III
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172235 Llerena Asbel 08-13-2021 Page 18
Orlando Health.
A. That's -- that's when I started.
Q. Okay. When did you stop working at Orlando
Health?
A. It was April of 2020.
Q. So is it fair to say you haven't been employed
since April of 2020?
A. That's correct.
Q. What position did you hold at Orlando Health?
10 A. Paramedic.
11 Q. And you'll have to forgive me. I'm not
12 knowledgeable necessarily about paramedic work. Is
13 there different types of paramedics?
14 A. There's different functions within that --
15 that title.
16 Q. Okay.
17 A. In a hospital setting, it's completely
18 different to the field. It's just a different -- it's a
19 different environment. It's a controlled environment.
20 Mainly what I was doing was triaging. So I wasn't -- I
21 was simply assessing patients coming in.
22 Q. Okay. So was it a hospital-based physician?
23 A. Yes. Emergency room.
24 Q. What was your rate of pay while you were
25 there?
III
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A. 19 -- appr
Preview
Filing # 192961109 E-Filed 02/28/2024 04:43:46 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2020 CA 002872 AN ASBEL ALEXANDER LLERENA, Plaintiff, V. ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., Defendants. NOTICE OF FILING DEPOSITION TRANSCRIPT OF ASBEL ALEXANDER LLERENA COME NOW Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., by and through their undersigned counsel, and files this Notice of Filing the Deposition Transcript of Asbel Alexander Llerena dated August 13, 2021 in the above- referenced matter, for use at trial or any other hearing, deposition on this matter. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 28th day of February, 2024, a true and correct copy of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A., malzate@forthepeople.com;vpagan@forthepeople.com, 198 Broadway COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel Alexander Llerena. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. Tower Place, Suite 400 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone (321) 972-0011 Facsimile (321) 972-0099 Primary e-mail: scott.shelton@csklegal.com Secondary e-mail: gary.lewis@csklegal.com Alternate e-mail: sandra.mcintosh@csklegal.com By: /s/ Gary L. Lewis SCOTT A. SHELTON Florida Bar No.: 36486 GARY L. LEWIS Florida Bar No.: 158887 0487.2384-00 Page 2 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2020-CA-002872 ASBEL ALEJANDRO LLERENA, PLAINTIFF, Vv. 10 11 ADRIAN RODRIGUEZ CHAVEZ AND 12 GRANNY'S GARDEN II, INC., 13 DEFENDANTS . 14 / 15 VIDEOCONFERENCE DEPOSITION OF ASBEL ALEJANDRO LLERENA 16 DATE: AUGUST 13, 2021 17 REPORTER: GABRIELLE MANZARES 18 PLACE: ALL PARTIES APPEARED VIA 19 VIDEOCONFERENCE 20 21 22 23 24 25 401 EAST JACKSON STREET, 315 EAST ROBINSON STREET, SUITE 2370 SUITE 510 TAMPA, FL 33602 ORLANDO, FLORIDA 32801 CORPORATE 172235 Llerena Asbel 08-13-2021 Page 2 APPEARANCES ON BEHALF OF THE PLAINTIFF, ASBEL ALEJANDRO LLERENA: Melissa Alzate, Esquire Morgan & Morgan, P.A. 198 Broadway Kissimmee, Florida 34741 Telephone No.: (407) 452-1597 Facsimile No.: (407) 452-1623 10 E-mail: Malzate@forthepeople.com 11 (Appeared via videoconference) 12 13 ON BEHALF OF THE DEFENDANTS, ADRIAN RODRIGUEZ CHAVEZ AND 14 GRANNY'S GARDEN II, INC.: 15 Harley C. Clement, Esquire 16 Cole, Scott & Kissane, P.A. 17 1900 Summit Tower Boulevard 18 Suite 400 19 Orlando, Florida 32810 20 Telephone No.: (321) 972-0029 21 Facsimile No.: (321) 972-0099 22 E-mail: Harley.clement@csklegal.com 23 (Appeared via videoconference) 24 25 III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 3 INDEX Page PROCEEDINGS DIRECT EXAMINATION BY MS. CLEMENT CROSS-EXAMINATION BY MS. ALZATE 86 EXHIBITS Exhibit Page 1 Photos of Accident 62 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 4 STIPULATION The videoconference deposition of Asbel A. Llerena was taken remotely on Friday the 13th day of August 2021 at approximately 1:13 p.m.; said videoconference deposition was taken pursuant to the Florida Rules of Civil Procedure. It is agreed that Gabrielle Manzares, being a Notary Public and Court Reporter for the State of Florida, may swear the witness, and that the reading and 10 signing of the completed transcript by the witness is 11 not waived. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 5 PROCEEDINGS THE REPORTER: We are now on record. Can all parties present please state your name, who you represent, and where you are attending from? MS. CLEMENT: Harley Clement, on behalf of Defendants, Adrian Chavez and Granny's Garden, attending from the Orlando offices of Cole, Scott & Kissane. MS. ALZATE: Melissa Alzate, on behalf of Mr. 10 Llerena, appearing in Osceola County in the Morgan & 11 Morgan Kissimmee office. 12 THE REPORTER: Perfect. And then off record, 13 we did check Mr. Llerena's identification. I'm 14 going to go and swear you in, sir. Can you raise 15 your right hand? Do you solemnly swear or affirm 16 that the testimony you're about to give in this case 17 is the truth, the whole truth, and nothing but the 18 truth? 19 THE WITNESS: I do. 20 THE REPORTER: Thank you. You may proceed. 21 DIRECT EXAMINATION 22 BY MS. CLEMENT: 23 Q. Good afternoon, Mr. Llerena. This is Harley 24 Clement. As you just heard off the record, I represent 25 the defendants in this action, and I'll be taking your III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY www.MILESTONEREPORTING.com COMPANY corrorars ORLANDO, JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS FL 32801 172235 Llerena Asbel 08-13-2021 Page 6 deposition today. Before we get started, have you ever given a deposition before? A. I have. Q. Okay. So you're probably pretty familiar with the ground rules, but I'm going to go over them with you just as a refresher and it will help the process go more smoothly for everyone involved. A. Okay. Q. So you just raised your right hand and swore 10 to tell the truth. Is there anything preventing you 11 from doing that today? 12 A. No. 13 Q. Okay. Have you taken any medications or other 14 substances that might impair your memory or impact your 15 ability to provide testimony today? 16 A. No. 17 Q. Okay. As you can see, the court reporter here 18 is transcribing everything that we say, so it's 19 important to get a clear record of what we're saying 20 that we don't speak over each other. So I ask that you 21 let me finish my question before you answer, and I'll 22 wait until you finish your answer before I ask my next 23 question; is that fair? 24 A. Yes. 25 Q. It's also difficult to transcribe gestures of III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 7 hands or anything like "uh-huh," "uh-uh," things that are not verbal "yes" or "no" answers. And so I ask that we make all of our responses verbal and clear for the court reporter; is that fair? A. Yes. Q. Okay. During the deposition, you might hear your attorney say something like, "Objection" or "form". You're still to answer the question unless she specifically instructs you not to. 10 A. Okay. 11 Q. Okay? Although I don't anticipate this will 12 be a particularly long deposition. It's not meant to be 13 a test of our endurance, so if you need a break at any 14 point, just let me know and I'm happy to take one. I do 15 ask that if there is a question pending that you answer 16 the question before we take the break, okay? 17 A. Okay. 18 Q. Most important part today is that if you don't 19 understand one of my questions, please let me know and 20 I'm happy to rephrase it. If you answer a question, I'm 21 going to assume that you understood it; is that fair? 22 A. Yes. 23 Q. Please state your full name for the record. 24 A. Asbel Alejandro Llerena. 25 Q. Have you ever been known by any other name? III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY www.MILESTONEREPORTING.com COMPANY corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 8 A. No. Q. Okay. Did you review any documents to get ready for today's deposition? A. I did. Q. Which documents? A. I simply just reviewed the dates of when the accident was because it was kind of fuzzy. Q. Okay. And what document did you look at to refresh your memory on the dates? 10 A. I was looking at the document from the car 11 accident, the actual ticket, the citation that I have. 12 Q. Okay. Is that the police report or is it 13 something different? 14 A. The police report. 15 Q. Any other documents you reviewed? 16 A. Yes. 17 Q. What are those? 18 A. The response and -- to -- to the question. 19 Q. Okay. So those would be the answers that you 20 gave to interrogatories or written questions from my 21 office? 22 A. Correct. 23 Q. Okay. Anything else? 24 A. No, ma'am. 25 Q. Aside from conversations that you've had with III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY www.MILESTONEREPORTING.com COMPANY corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 9 your attorney, have you talked to anyone else to prepare for today's deposition? A. No. MS. CLEMENT: off the record, please. (OFF THE RECORD) BY MS. CLEMENT: Q. Off the record, we confirmed your date of birth and Social Security number. I chose to do this off the record so that it's not public in the court 10 filing or anything like that. Do you agree that's what 11 we did? 12 A. Yes. 13 Q. Okay. You said you've had your deposition 14 taken before. How many times has that happened? 15 A. Once. 16 Q. In what context did you give that deposition? 17 A. I worked at the time in the fire department 18 and there was a case that I was called in to testify. 19 Q. Were you a witness or were you a party to that 20 lawsuit? 21 A. A witness. 22 Q. Did you ever have to give testimony at trial? 23 A. No. 24 Q. What is your current address? 25 A. III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 10 Q. And how long have you lived at that address? A. Since 2002. Q. All right. Does anyone live with you currently? A. Yes. Q. Who would that be? A. My wife and children. Q. What is your wife's name? 10 A. Silmarie, S-I-L-M-A-R-I-E -- 11 Q. And are your children minors or adults? 12 A. Minors. 13 Q. Okay. So I don't need to know their first 14 names, but if you can give me their first initial, last 15 name and age, that would be great. 16 A. First initial S., date of birth, 17 Q. And what is S.'s last name? 18 A. L. 19 Q. s. Okay. Same as you then? 20 A. Correct. 21 Q. Okay. And the second child? 22 A. N. 23 Q. And date of birth? 24 A. It's 25 Q. Are they both boys, girls or a mix? III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 11 A. N. is a girl, S. is a boy. Q. Was your wife and both children living with you at the time of this accident? A. Yes. Q. Any knowledge that they would have about the accident would come from what you've told them; is that fair? A. Correct. Q. They didn't witness it themselves? 10 A. No. 11 Q. Has anyone else lived with you since the date 12 of this accident, which was September 3rd -- or I'm 13 sorry, December 3, 2019? 14 A. No. 15 Q. Anyone else that would have knowledge about 16 this accident besides your wife and children? 17 A. No. 18 Q. When did you and Silmarie get married? 19 A. 1-1 of 2000. 20 Q. Oh, that's a great date for an anniversary. 21 New year, new century, new everything. Has your 22 driver's license ever been suspended or revoked? 23 A. No. 24 Q. Now I'm going to ask you a series of three 25 questions. Please don't be offended by them. I have to III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY www.MILESTONEREPORTING.com COMPANY corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 12 1] ask them to every deponent Have you ever been 2| arrested? 3 A. Yes. Q. When? A. Approximately 1998. Q. For what? A. Possession. Q. of what substance? A. Cocaine. 10 Q. Was that a felony? 11 A. Charges were dropped. 12 Q. Was that here in Florida or somewhere else? 13 A. Miami, Florida. 14 Q. Is that Dade County or something else? 15 A. Dade County. 16 Q. Any other arrests besides the 1998 one? 17 A. No. 18 Q. Okay. Have you ever been convicted of a 19 felony? 20 A. No. 21 Q. Have you ever been convicted of any crime 22 involving dishonesty? 23 A. No. 24 Q. All right. Aside from this lawsuit, have you 25| ever been party to another lawsuit? III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 13 A. No. Q. Have you ever submitted a claim for personal injuries that wasn't litigated, but was submitted to an insurance company? A. No. Q. Have you ever made a claim for workers' compensation? A. I have. Q. How many times? 10 A. Once. 11 Q. Where were you working? 12 A. Osceola County Fire Rescue. 13 Q. And when approximately was that claim made? 14 A. Approximately 2007. 15 Q. And tell me about how you were injured. 16 A. It wasn't an injury. It was heat exhaustion. 17 Q. So they -- what happened? Did you have some 18 sort of a syncope or spell, and they sent you to a 19 doctor or what? 20 A. No syncope, no spells. Simply heat exhaustion 21 from the training and the heat of the day. 22 Q. Okay. Is that the only workers' compensation 23 claim that you've made? 24 A. Yes. 25 Q. Have you ever filed for bankruptcy? III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 14 A. No. Q. Do you wear glasses or contacts? A. I wear glasses. Q. Are those for reading or distance? A. Distance. Q. Do you have to wear them all the time? A. No. Q. What about when you're driving? A. No. 10 Q. Who was your optometrist? 11 A. I went to visit an optometrist and I don't 12 even know the name of the optometrist to be honest with 13 you. I believe it was at Walmart. 14 Q. How long ago was that? 15 A. About a year ago. 16 Q. Do you know what your prescription is? 17 A. Not at this time. 18 Q. Is that the Walmart in St. Cloud? 19 A. Yes, ma'am. 20 Q. Prior to that visit a year ago, were you 21 wearing glasses? 22 A. Yes. 23 Q. Were you wearing glasses at the time of this 24 accident in December of 2019? 25 A. Yes. III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 15 Q. All right. What's your highest level of education? A. Senior year of college. Q. Where did you go to College? A. Liberty University. Q. Is that in Virginia? A. It was actually online. Q. And what did you study? A. Religion. 10 Q. Did you complete the course? 11 A. No. 12 Q. What level degree would that have been? Is 13 that a bachelor's? 14 A. I was pursuing a bachelor's degree, yes. 15 Q. Okay. Do you have any special training, 16 educations or licenses? 17 A. I do. 18 Q. What are they? 19 A. Basic life support, advanced cardiac life 20 support. 21 Q. When did you obtain those certifications? 22 A. I've held those certifications since 23 approximately 2000. I'm sorry. Since 1995. 24 Q. Do they require any sort of continuing 25 education to keep up? III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 16 A. Yes. Q. How often? A. Every two years. Q. Has your certification been active since 1995? A. Yes. Q. It's currently active? A. Yes, ma'am. Q. Any other certifications that you hold? A. EMT and paramedic. 10 Q. When did you obtain the EMT certification? 11 A. 1995. Actually, 1994, I believe. 12 Q. And paramedic? 13 A. 1997. 14 Q. Has the EMT certification been active since 15 receiving it in 1994? 16 A. Yes. 17 Q. Same for paramedic? 18 A. Yes. 19 Q. Any other certifications? 20 A. No. 21 Q. Are you intending to offer any medical 22 opinions in this case? 23 A. No. 24 Q. Have you ever served in the military? 25 A. Yes. III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 17 Q. Which branch? A. US Army. Q. What time? A. 1993 to 2001. Q. And what was your rank or position? A. At the time of discharge, Private. Q. Was it an honorable discharge? A. Yes. Q. Did you sustain any injuries while enlisted in 10 the military? 11 A. No. 12 Q. Are you making a claim for past lost wages? 13 A. Yes. 14 Q. Are you making a claim for loss of future 15 earning capacity? 16 A. Yes. 17 Q. Okay. Are you currently employed? 18 A. No. 19 Q. Well, when were you last employed? 20 A. February of 2020. 21 Q. Where? 22 A. Orlando Health. 23 Q. When did you start at Orlando Health? 24 A. February of 2020. 25 Q. Oh, I'm sorry. I thought that's when you left III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY www.MILESTONEREPORTING.com COMPANY corrorars ORLANDO, FL 32801 JACKSONVILLE, FL 32256 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 18 Orlando Health. A. That's -- that's when I started. Q. Okay. When did you stop working at Orlando Health? A. It was April of 2020. Q. So is it fair to say you haven't been employed since April of 2020? A. That's correct. Q. What position did you hold at Orlando Health? 10 A. Paramedic. 11 Q. And you'll have to forgive me. I'm not 12 knowledgeable necessarily about paramedic work. Is 13 there different types of paramedics? 14 A. There's different functions within that -- 15 that title. 16 Q. Okay. 17 A. In a hospital setting, it's completely 18 different to the field. It's just a different -- it's a 19 different environment. It's a controlled environment. 20 Mainly what I was doing was triaging. So I wasn't -- I 21 was simply assessing patients coming in. 22 Q. Okay. So was it a hospital-based physician? 23 A. Yes. Emergency room. 24 Q. What was your rate of pay while you were 25 there? III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY www.MILESTONEREPORTING.com COMPANY corrorars ORLANDO, JACKSONVILLE, FL 32256 FL 32801 TAMPA, FL 33602 Toll Free 855-MYDEPOS 172235 Llerena Asbel 08-13-2021 Page 19 A. 19 -- appr