Preview
Filing # 193409293 E-Filed 03/06/2024 10:21:53 AM
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 January 18, 2024 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 6th day of March, 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 Avenue,
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
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 AN
ASBEL ALEXANDER LLERENA,
Plaintiff
Vv.
ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC.,
Defendants
DEPONENT: ASBEL ALEXANDER LLERENA
DATE: JANUARY 18, 2024
REPORTER: BRANDI VASQUEZ
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
400 North Ashley Drive, Suite 2600 100 East Pine Street, Suite 308 4651 Salisbury Road, 4" Floor
TAMPA, FL 33602 ORLANDO, FL 32801 JACKSONVILLE, FL 32256
CORPORATE
301918 Llerena Asbel 01-18-2024 Page 2
APPEARANCES
ON BEHALF OF THE PLAINTIFF, ASBEL ALEXANDER LLERENA:
Melissa Alzate, Esquire
Morgan & Morgan, P.A.,
198 Broadway Avenue
Kissimmee, Florida 34741
Telephone No.: (407) 452-6990
E-mail: malzate@forthepeople.com
(Appeared via videoconference)
ON BEHALF OF THE DEFENDANT, ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.:
Gary L. Lewis, Esquire
Cole, Scott & Kissane, P.A.
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone No.: (321) 972-0011
10 E-mail: gary.lewis@csklegal.com
(Appeared via videoconference)
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
301918 Llerena Asbel 01-18-2024 Page 3
INDEX
Page
PROCEEDINGS
DIRECT EXAMINATION BY MR. LEWIS
EXHIBITS
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
301918 Llerena Asbel 01-18-2024 Page 4
STIPULATION
The deposition of ASBEL ALEJANDRO LLERENA was taken via
videoconference at MILESTONE REPORTING COMPANY, 315 EAST
ROBINSON STREET, SUITE 510, ORLANDO, FLORIDA 32801, in
which all participants attended remotely, on Thursday
the 18th day of JANUARY 2024 at approximately 10:05 a.m.
(ET); said deposition was taken pursuant to the FLORIDA
Rules of Civil Procedure. It is agreed that BRANDI
10 VASQUEZ, being a Notary Public and Court Reporter for
11 the State of FLORIDA, may swear the witness.
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
301918 Llerena Asbel 01-18-2024 Page 5
PROCEEDINGS
THE REPORTER: Okay. So the date is January
18th, 2024, and the time is 10:05 a.m. We are now
on record. Will all parties, except for the
witness, please state your appearance, how you are
attending, and location starting with Plaintiff?
MS. ALZATE: Melissa Alzate on behalf of Mr.
Llerena. I am attending virtually in the Morgan &
Morgan offices in Osceola County.
10 MR. LEWIS: Gary Lewis on behalf of the
11 defendant. I'm attending from my office in Orlando,
12 virtually as well, Oo --
13 THE REPORTER: Thank you. And Mr. Isabel [sic]
14 Llerena, will you please state your full name for
15 the record?
16 THE WITNESS: Good morning. It's Asbel
17 Llerena.
18 THE REPORTER: Asbel. Thank you. And Mr.
19 Llerena did show his ID to the camera prior to us
20 going on record. Do all parties agree that the
21 witness is, in fact, Asbel Alejandro Llerena?
22 MR. LEWIS: Agreed.
23 MS. ALZATE: I agree.
24 THE REPORTER: Thank you. Mr. Llerena, please
25 -- oh. If I could just have you turn on your
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
301918 Llerena Asbel 01-18-2024 Page 6
camera? And if I could just have you raise your
right hand, please? Do you solemnly swear or affirm
the testimony you're going to give today will be the
truth, the whole truth, and nothing but the truth?
THE WITNESS: I do.
THE REPORTER: We now may begin.
DIRECT EXAMINATION
BY MR. LEWIS:
Q. Good morning, sir. Please state your name?
10 A. Good morning, sir. It's Asbel Llerena.
11 Q. All right. I will probably mispronounce your
12 name as we go forward today. Forgive me, it's not
13 intended. But if I do, it's just because I'm from North
14 Carolina, and I probably say it a little different. so
15 I understand you've had your deposition taken already on
16 August 13th, 2021. I'm here to take your updated
17 deposition, sir. The same rules apply as far as
18 allowing me to completely finish my question before you
19 begin to answer. And I'll certainly give you the
20 courtesy of all the time you need to finish your answer.
21 Fair enough, sir?
22 A. Yes, sir.
23 Q. Thank you so much. Okay. And I want you to
24 assume that unless I say differently that what I'm
25 asking you here today is going to be since your first
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
301918 Llerena Asbel 01-18-2024 Page 7
depo on August 13th, 2021, so since this is an updated
deposition, all right, sir?
A. Okay.
Q. If you need a break at some point -- I
typically take breaks roughly every hour, hour-and-a-
half, but if you need a break, let me know, okay, sir?
A. Okay.
Q. All right. I received Plaintiff's answers to
Defendants' supplemental interrogatories, which were not
10 accompanied by a signature of yours, but they were all
11 objected to because they exceeded 30. Probably
12 rightfully so. So I'm going to start this deposition
13 and ask you those questions. It -- so what's the amount
14 of past medical expenses you are claiming for this
15 incident; do you know?
16 A. I do not.
17 Q. Okay. And fair enough, sir. If I ask you a
18 question, and you don't know the answer, just tell me
19 you don't know, and I'll move forward. If I ask youa
20 question you don't understand, please tell me you don't
21 understand, and I'll ask you a better question, all
22 right, sir?
23 A. Okay.
24 Q. All right. Are you aware of the amount of
25 liens associated with your past medical expenses related
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
301918 Llerena Asbel 01-18-2024 Page 8
to this event, which occurred on December 3rd, 2019?
A. I do not.
Q. Okay. Are you making a claim -- well, you are
making a claim for future medical expenses; is that
right?
A. That's right.
Q. Okay. Do you know how much your claim for
future medicals is?
A. I do not.
10 Q. All right Other than Dr. Bundy, whose report
11 I received earlier this week, do you, as the plaintiff
12 in this case, expect anybody else to -- well, bring
13 anybody else to discuss or give opinions as to your
14 future medical expenses?
15 A. I do not.
16 Q. Thank you, sir. Are you making a claim for
17 past lost wages still?
18 A. I am.
19 Q. Do you know how much your claim for past lost
20 wages is?
21 A. Not currently.
22 Q. And, sir, as we go forward in this deposition,
23 there will be times when I pause, that means I'm
24 reviewing or making some notes, so if you'll just bear
25 with me.
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
301918 Llerena Asbel 01-18-2024 Page 9
A. Okay.
Q. And I'll question you once I finish writing my
notes. Okay, sir. Thank you. Do you know who's going
to be testifying on your behalf in support of your claim
for past lost wages?
A. My attorney.
Q. Okay. Do you know of any witnesses who are
going to be brought to testify on your behalf as to the
amount of your past lost wages?
10 A. I am not.
11 Q. Are you going to be making a claim for future
12 lost wages -- or lost earning capacity? I'm sorry.
13 A. I would have to say that unless we don't come
14 to a place of agreement, it will continue because I'm
15 not currently working at this time.
16 Q. Yes, sir. So you will be making a claim --
17 for future -- for loss of future earning capacity at the
18 trial of this matter; is that right?
19 A. Correct.
20 Q. Do you know how much?
21 A. I do not.
22 Q. All right. Thank you, sir. Do you know what
23 witnesses you're going to bring to testify in support of
24 any claim you make for loss of future earning capacity?
25 A. I'm not aware.
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
301918 Llerena Asbel 01-18-2024 Page 10
Q. Since your deposition, August 13th, 2021, have
you been involved in any new accidents, slip and falls,
any additional events that has caused any type of injury
to your body?
A. No.
Q. Thank you, sir. That -- all right. Sir, have
you signed any letters of protection since your
deposition in 2021?
A. No.
10 Q. I'm sorry You said no; is that right?
11 A. Not to my recollection, no.
12 Q. Okay. Do you know what a letter of protection
13 is?
14 A. No, sir.
15 Q. Okay. Do you know if you've signed any
16 letters of protection in this case at any time?
17 A. I'm not aware if I have.
18 Q. Okay. No worries. All right. Sir, let's
19 talk about Dr. Bundy. I understand, based on his
20 report, that you presented for -- to his office in
21 Tampa, I believe, for an in-person examination on
22 December 29th, 2023; is that right?
23 A. That's correct.
24 Q. Okay. Prior to that December 29th examination
25 by Dr. Bundy, had you ever met with or spoke to Dr.
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
301918 Llerena Asbel 01-18-2024 Page 11
Bundy directly prior to December 29th, 2023?
A. No, sir.
Q. Did you yourself coordinate an appointment
with Dr. Bundy's office, or was that coordinated for
you?
A. That was coordinated for me.
Q. Okay. And coordinated by your counsel, I take
it?
A. Yes, sir.
10 Q. Thank you. When is the last time you worked,
11 sir?
12 A. Approximately three weeks ago.
13 Q. And three weeks ago, what were you doing?
14 A. I was working at Premier Medical.
15 Q. Premier Medical? Where -- is Premier Medical
16 in Orlando?
17 A. Yes, sir.
18 Q. And what were you doing at Premier Medical?
19 A. I was working as a paramedic.
20 Q. Okay. And you are trained and certified as a
21 paramedic; is that right?
22 A. Yes.
23 Q. And is your -- have you maintained your
24 certification -- I -- well, strike that. Let me start
25 at the beginning. Being a paramedic, are you required
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
301918 Llerena Asbel 01-18-2024 Page 12
to maintain some sort of licensing or certification to
work as a paramedic?
A. I am.
Q. Okay. And who maintains that license?
A. I do.
Q. Okay. And is that license issued to you by
the State of Florida through some Department of Health?
A. Yes.
Q. Okay. And how long have you been licensed as
10 a paramedic continuous?
11 A. Since 1998.
12 Q. Okay. And how much were you earning as a
13 paramedic there at Premier Medical?
14 A. $24 an hour.
15 Q. Okay. How long did you work at Premier
16 Medical?
17 A. Approximately a month-and-a-half.
18 Q. Did -- were you employed on a full-time basis
19 there at Premier Medical for that month-and-a-half?
20 A. It was part-time.
21 Q. When you say "part-time" paramedic, help me
22 understand what a part-time paramedic does. Do you just
23 work half -- four hour days, or are you on call, r--
24 help me understand, please?
25 A. It was, like, working at a doctor's office,
III
407.423.9900
MILESTONE | REPORTING
TOMORROW'S TECHNOLOGY TODAY
COMPANY
www.MILESTONEREPORTING.com
corrorars ORLANDO,
JACKSONVILLE, FL 32256
TAMPA, FL 33602
FL 32801
Toll Free 855-MYDEPOS
301918 Llerena Asbel 01-18-2024 Page 13
8:00 to 5:00.
Q. Okay. Well, you worked 8:00 to 5:00 every --
five days a week?
A. No.
Q. Okay. You worked 8:00 to 5:00 how many days a
week?
A. It was sporadic. Sometimes I would get two
days a week, sometimes three, you know?
Q. Understood. So fair to say you worked -- when
10 you did work, whether it was two or three days in a
11 week, it was on the 8:00 to 5:00 schedule; is that
12 right?
13 A. I would get there at 8:00 and I would leave
14 about 7:00.
15 Q. Okay. You left when the job was finished for
16 the day?
17 A. Yes, sir. Yes, sir.
18 Q. All right. I do the same thing. Okay. Fair
19 enough. Okay. So who was your supervisor, superior,
20 manager at -- Premier Medical?
21 A. That was one of the issues. I didn't have a
22 direct supervisor.
23 Q. Who was the person that you reported to?
24 A. He was -- I'm trying to remember his name now.
25 I kind of deleted those three weeks. I can't recall the
III
407.423.9900
MILESTONE | REPORTING
TOMORROW'S TECHNOLOGY TODAY
COMPANY
www.MILESTONEREPORTING.com
corrorars ORLANDO,
JACKSONVILLE, FL 32256
FL 32801
TAMPA, FL 33602
Toll Free 855-MYDEPOS
301918 Llerena Asbel 01-18-2024 Page 14
gentleman's name right now.
Q. Okay. Do you remember who hired you at
Premier Medical?
A. It was a lady from HR.
Q. Do you remember her name?
A. I do not.
Q. All right. You said you deleted that three
weeks, but I understood you to say that you were
employed there for a month-and-a-half; is that right?
10 A. Oh, yeah. But the three weeks that have
11 passed since I've been there.
12 Q. Got you. Okay.
13 A. Yeah.
14 Q. Now I'm with you. Okay. Why'd you leave?
15 A. There was integrity issues in the company that
16 I didn't care for.
17 Q. All right. Did you quit or were you
18 terminated?
19 A. I resigned.
20 Q. Did they ask you to resign, or did you resign
21 on your own?
22 A. I resigned on my own.
23 Q. And when you say, "integrity issues," what
24 does that mean?
25 A. They were -- their business practices weren't
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
301918 Llerena Asbel 01-18-2024 Page 15
practices that I would -- wanted to be a part of.
Q. All right. Who did you give your resignation
to?
A. It was verbal.
Q. Did you work a notice, or did you resign and
leave never to -- never to go back?
A. No. I resigned and went back the next day and
dropped off the office key.
Q. Did they ask you to work a notice?
10 A. No.
11 Q. And in the three weeks since Premier Medical,
12 have you been looking for a job?
13 A. Yes, sir.
14 Q. Have you applied for a job anywhere?
15 A. I have.
16 Q. Where have you applied for a job since leaving
17 Premier Medical?
18 A. Every possible job that Indeed could offer
19 that I could be a part of. I need to get a job.
20 Q. Right. Understood.
21 A. So I've been -- I've been applying for
22 everything and anything.
23 Q. Okay. Everything and anything in the
24 paramedic field or other types of jobs?
25 A. Within my capabilities.
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
301918 Llerena Asbel 01-18-2024 Page 16
Q. Okay. Does that include practicing as a
paramedic or not?
A. If that's what the hired employer would be
for, then yes. Like I said I've applied for a lot more
positions other than a paramedic.
Q. I understand. Do you believe you can perform
the duties as a paramedic as you sit here today?
A. It depends on the job function of a paramedic,
which is very vast.
10 Q. Okay. So it -- well, when you say that, I
11 would understand that -- and you tell me if I'm wrong, I
12 would understand that to mean that you could practice as
13 a paramedic if the duties associated with your
14 particular position were duties that you could perform
15 given your health issues; is that right?
16 A. That's correct.
17 Q. Do you believe you could work as a paramedic
18 in a doctor's office?
19 A. Once again, it depends on the function.
20 Q. Fair enough. All right. Prior to Premier
21 Medical, were you working?
22 A. I was.
23 Q. Where?
24 A. UCF Lake Nona Medical Center.
25 Q. How long were you at UCF Lake Nona?
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
301918 Llerena Asbel 01-18-2024 Page 17
A. Approximately eight months.
Q. And were you working as a paramedic?
A. I was.
Q. And why did you leave UCF Lake Nona paramedic
position after eight months?
A. It was aggravating my condition way too often.
Q. Okay. Did you report that to your superior at
the UCF Lake Nona position?
A. I reported that to my doctors.
10 Q. Okay. My question to you, sir, was did you
11 report that to your superior at UCF Lake Nona?
12 A. My -- my superiors were not interested in
13 knowing that about me.
14 Q. Right. I'm really asking you a yes or no
15 question, sir. You either reported it --
16 A. No.
17 Q. -- or you didn't. So forgive me, but I'm
18 going to ask you again -—-
19
Preview
Filing # 193409293 E-Filed 03/06/2024 10:21:53 AM 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 January 18, 2024 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 6th day of March, 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 Avenue, 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 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 AN ASBEL ALEXANDER LLERENA, Plaintiff Vv. ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., Defendants DEPONENT: ASBEL ALEXANDER LLERENA DATE: JANUARY 18, 2024 REPORTER: BRANDI VASQUEZ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 400 North Ashley Drive, Suite 2600 100 East Pine Street, Suite 308 4651 Salisbury Road, 4" Floor TAMPA, FL 33602 ORLANDO, FL 32801 JACKSONVILLE, FL 32256 CORPORATE 301918 Llerena Asbel 01-18-2024 Page 2 APPEARANCES ON BEHALF OF THE PLAINTIFF, ASBEL ALEXANDER LLERENA: Melissa Alzate, Esquire Morgan & Morgan, P.A., 198 Broadway Avenue Kissimmee, Florida 34741 Telephone No.: (407) 452-6990 E-mail: malzate@forthepeople.com (Appeared via videoconference) ON BEHALF OF THE DEFENDANT, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC.: Gary L. Lewis, Esquire Cole, Scott & Kissane, P.A. 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone No.: (321) 972-0011 10 E-mail: gary.lewis@csklegal.com (Appeared via videoconference) 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 301918 Llerena Asbel 01-18-2024 Page 3 INDEX Page PROCEEDINGS DIRECT EXAMINATION BY MR. LEWIS EXHIBITS 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 301918 Llerena Asbel 01-18-2024 Page 4 STIPULATION The deposition of ASBEL ALEJANDRO LLERENA was taken via videoconference at MILESTONE REPORTING COMPANY, 315 EAST ROBINSON STREET, SUITE 510, ORLANDO, FLORIDA 32801, in which all participants attended remotely, on Thursday the 18th day of JANUARY 2024 at approximately 10:05 a.m. (ET); said deposition was taken pursuant to the FLORIDA Rules of Civil Procedure. It is agreed that BRANDI 10 VASQUEZ, being a Notary Public and Court Reporter for 11 the State of FLORIDA, may swear the witness. 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 301918 Llerena Asbel 01-18-2024 Page 5 PROCEEDINGS THE REPORTER: Okay. So the date is January 18th, 2024, and the time is 10:05 a.m. We are now on record. Will all parties, except for the witness, please state your appearance, how you are attending, and location starting with Plaintiff? MS. ALZATE: Melissa Alzate on behalf of Mr. Llerena. I am attending virtually in the Morgan & Morgan offices in Osceola County. 10 MR. LEWIS: Gary Lewis on behalf of the 11 defendant. I'm attending from my office in Orlando, 12 virtually as well, Oo -- 13 THE REPORTER: Thank you. And Mr. Isabel [sic] 14 Llerena, will you please state your full name for 15 the record? 16 THE WITNESS: Good morning. It's Asbel 17 Llerena. 18 THE REPORTER: Asbel. Thank you. And Mr. 19 Llerena did show his ID to the camera prior to us 20 going on record. Do all parties agree that the 21 witness is, in fact, Asbel Alejandro Llerena? 22 MR. LEWIS: Agreed. 23 MS. ALZATE: I agree. 24 THE REPORTER: Thank you. Mr. Llerena, please 25 -- oh. If I could just have you turn on your 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 301918 Llerena Asbel 01-18-2024 Page 6 camera? And if I could just have you raise your right hand, please? Do you solemnly swear or affirm the testimony you're going to give today will be the truth, the whole truth, and nothing but the truth? THE WITNESS: I do. THE REPORTER: We now may begin. DIRECT EXAMINATION BY MR. LEWIS: Q. Good morning, sir. Please state your name? 10 A. Good morning, sir. It's Asbel Llerena. 11 Q. All right. I will probably mispronounce your 12 name as we go forward today. Forgive me, it's not 13 intended. But if I do, it's just because I'm from North 14 Carolina, and I probably say it a little different. so 15 I understand you've had your deposition taken already on 16 August 13th, 2021. I'm here to take your updated 17 deposition, sir. The same rules apply as far as 18 allowing me to completely finish my question before you 19 begin to answer. And I'll certainly give you the 20 courtesy of all the time you need to finish your answer. 21 Fair enough, sir? 22 A. Yes, sir. 23 Q. Thank you so much. Okay. And I want you to 24 assume that unless I say differently that what I'm 25 asking you here today is going to be since your first 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 301918 Llerena Asbel 01-18-2024 Page 7 depo on August 13th, 2021, so since this is an updated deposition, all right, sir? A. Okay. Q. If you need a break at some point -- I typically take breaks roughly every hour, hour-and-a- half, but if you need a break, let me know, okay, sir? A. Okay. Q. All right. I received Plaintiff's answers to Defendants' supplemental interrogatories, which were not 10 accompanied by a signature of yours, but they were all 11 objected to because they exceeded 30. Probably 12 rightfully so. So I'm going to start this deposition 13 and ask you those questions. It -- so what's the amount 14 of past medical expenses you are claiming for this 15 incident; do you know? 16 A. I do not. 17 Q. Okay. And fair enough, sir. If I ask you a 18 question, and you don't know the answer, just tell me 19 you don't know, and I'll move forward. If I ask youa 20 question you don't understand, please tell me you don't 21 understand, and I'll ask you a better question, all 22 right, sir? 23 A. Okay. 24 Q. All right. Are you aware of the amount of 25 liens associated with your past medical expenses related 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 301918 Llerena Asbel 01-18-2024 Page 8 to this event, which occurred on December 3rd, 2019? A. I do not. Q. Okay. Are you making a claim -- well, you are making a claim for future medical expenses; is that right? A. That's right. Q. Okay. Do you know how much your claim for future medicals is? A. I do not. 10 Q. All right Other than Dr. Bundy, whose report 11 I received earlier this week, do you, as the plaintiff 12 in this case, expect anybody else to -- well, bring 13 anybody else to discuss or give opinions as to your 14 future medical expenses? 15 A. I do not. 16 Q. Thank you, sir. Are you making a claim for 17 past lost wages still? 18 A. I am. 19 Q. Do you know how much your claim for past lost 20 wages is? 21 A. Not currently. 22 Q. And, sir, as we go forward in this deposition, 23 there will be times when I pause, that means I'm 24 reviewing or making some notes, so if you'll just bear 25 with me. 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 301918 Llerena Asbel 01-18-2024 Page 9 A. Okay. Q. And I'll question you once I finish writing my notes. Okay, sir. Thank you. Do you know who's going to be testifying on your behalf in support of your claim for past lost wages? A. My attorney. Q. Okay. Do you know of any witnesses who are going to be brought to testify on your behalf as to the amount of your past lost wages? 10 A. I am not. 11 Q. Are you going to be making a claim for future 12 lost wages -- or lost earning capacity? I'm sorry. 13 A. I would have to say that unless we don't come 14 to a place of agreement, it will continue because I'm 15 not currently working at this time. 16 Q. Yes, sir. So you will be making a claim -- 17 for future -- for loss of future earning capacity at the 18 trial of this matter; is that right? 19 A. Correct. 20 Q. Do you know how much? 21 A. I do not. 22 Q. All right. Thank you, sir. Do you know what 23 witnesses you're going to bring to testify in support of 24 any claim you make for loss of future earning capacity? 25 A. I'm not aware. 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 301918 Llerena Asbel 01-18-2024 Page 10 Q. Since your deposition, August 13th, 2021, have you been involved in any new accidents, slip and falls, any additional events that has caused any type of injury to your body? A. No. Q. Thank you, sir. That -- all right. Sir, have you signed any letters of protection since your deposition in 2021? A. No. 10 Q. I'm sorry You said no; is that right? 11 A. Not to my recollection, no. 12 Q. Okay. Do you know what a letter of protection 13 is? 14 A. No, sir. 15 Q. Okay. Do you know if you've signed any 16 letters of protection in this case at any time? 17 A. I'm not aware if I have. 18 Q. Okay. No worries. All right. Sir, let's 19 talk about Dr. Bundy. I understand, based on his 20 report, that you presented for -- to his office in 21 Tampa, I believe, for an in-person examination on 22 December 29th, 2023; is that right? 23 A. That's correct. 24 Q. Okay. Prior to that December 29th examination 25 by Dr. Bundy, had you ever met with or spoke to Dr. 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 301918 Llerena Asbel 01-18-2024 Page 11 Bundy directly prior to December 29th, 2023? A. No, sir. Q. Did you yourself coordinate an appointment with Dr. Bundy's office, or was that coordinated for you? A. That was coordinated for me. Q. Okay. And coordinated by your counsel, I take it? A. Yes, sir. 10 Q. Thank you. When is the last time you worked, 11 sir? 12 A. Approximately three weeks ago. 13 Q. And three weeks ago, what were you doing? 14 A. I was working at Premier Medical. 15 Q. Premier Medical? Where -- is Premier Medical 16 in Orlando? 17 A. Yes, sir. 18 Q. And what were you doing at Premier Medical? 19 A. I was working as a paramedic. 20 Q. Okay. And you are trained and certified as a 21 paramedic; is that right? 22 A. Yes. 23 Q. And is your -- have you maintained your 24 certification -- I -- well, strike that. Let me start 25 at the beginning. Being a paramedic, are you required 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 301918 Llerena Asbel 01-18-2024 Page 12 to maintain some sort of licensing or certification to work as a paramedic? A. I am. Q. Okay. And who maintains that license? A. I do. Q. Okay. And is that license issued to you by the State of Florida through some Department of Health? A. Yes. Q. Okay. And how long have you been licensed as 10 a paramedic continuous? 11 A. Since 1998. 12 Q. Okay. And how much were you earning as a 13 paramedic there at Premier Medical? 14 A. $24 an hour. 15 Q. Okay. How long did you work at Premier 16 Medical? 17 A. Approximately a month-and-a-half. 18 Q. Did -- were you employed on a full-time basis 19 there at Premier Medical for that month-and-a-half? 20 A. It was part-time. 21 Q. When you say "part-time" paramedic, help me 22 understand what a part-time paramedic does. Do you just 23 work half -- four hour days, or are you on call, r-- 24 help me understand, please? 25 A. It was, like, working at a doctor's office, III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, JACKSONVILLE, FL 32256 TAMPA, FL 33602 FL 32801 Toll Free 855-MYDEPOS 301918 Llerena Asbel 01-18-2024 Page 13 8:00 to 5:00. Q. Okay. Well, you worked 8:00 to 5:00 every -- five days a week? A. No. Q. Okay. You worked 8:00 to 5:00 how many days a week? A. It was sporadic. Sometimes I would get two days a week, sometimes three, you know? Q. Understood. So fair to say you worked -- when 10 you did work, whether it was two or three days in a 11 week, it was on the 8:00 to 5:00 schedule; is that 12 right? 13 A. I would get there at 8:00 and I would leave 14 about 7:00. 15 Q. Okay. You left when the job was finished for 16 the day? 17 A. Yes, sir. Yes, sir. 18 Q. All right. I do the same thing. Okay. Fair 19 enough. Okay. So who was your supervisor, superior, 20 manager at -- Premier Medical? 21 A. That was one of the issues. I didn't have a 22 direct supervisor. 23 Q. Who was the person that you reported to? 24 A. He was -- I'm trying to remember his name now. 25 I kind of deleted those three weeks. I can't recall the III 407.423.9900 MILESTONE | REPORTING TOMORROW'S TECHNOLOGY TODAY COMPANY www.MILESTONEREPORTING.com corrorars ORLANDO, JACKSONVILLE, FL 32256 FL 32801 TAMPA, FL 33602 Toll Free 855-MYDEPOS 301918 Llerena Asbel 01-18-2024 Page 14 gentleman's name right now. Q. Okay. Do you remember who hired you at Premier Medical? A. It was a lady from HR. Q. Do you remember her name? A. I do not. Q. All right. You said you deleted that three weeks, but I understood you to say that you were employed there for a month-and-a-half; is that right? 10 A. Oh, yeah. But the three weeks that have 11 passed since I've been there. 12 Q. Got you. Okay. 13 A. Yeah. 14 Q. Now I'm with you. Okay. Why'd you leave? 15 A. There was integrity issues in the company that 16 I didn't care for. 17 Q. All right. Did you quit or were you 18 terminated? 19 A. I resigned. 20 Q. Did they ask you to resign, or did you resign 21 on your own? 22 A. I resigned on my own. 23 Q. And when you say, "integrity issues," what 24 does that mean? 25 A. They were -- their business practices weren't 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 301918 Llerena Asbel 01-18-2024 Page 15 practices that I would -- wanted to be a part of. Q. All right. Who did you give your resignation to? A. It was verbal. Q. Did you work a notice, or did you resign and leave never to -- never to go back? A. No. I resigned and went back the next day and dropped off the office key. Q. Did they ask you to work a notice? 10 A. No. 11 Q. And in the three weeks since Premier Medical, 12 have you been looking for a job? 13 A. Yes, sir. 14 Q. Have you applied for a job anywhere? 15 A. I have. 16 Q. Where have you applied for a job since leaving 17 Premier Medical? 18 A. Every possible job that Indeed could offer 19 that I could be a part of. I need to get a job. 20 Q. Right. Understood. 21 A. So I've been -- I've been applying for 22 everything and anything. 23 Q. Okay. Everything and anything in the 24 paramedic field or other types of jobs? 25 A. Within my capabilities. 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 301918 Llerena Asbel 01-18-2024 Page 16 Q. Okay. Does that include practicing as a paramedic or not? A. If that's what the hired employer would be for, then yes. Like I said I've applied for a lot more positions other than a paramedic. Q. I understand. Do you believe you can perform the duties as a paramedic as you sit here today? A. It depends on the job function of a paramedic, which is very vast. 10 Q. Okay. So it -- well, when you say that, I 11 would understand that -- and you tell me if I'm wrong, I 12 would understand that to mean that you could practice as 13 a paramedic if the duties associated with your 14 particular position were duties that you could perform 15 given your health issues; is that right? 16 A. That's correct. 17 Q. Do you believe you could work as a paramedic 18 in a doctor's office? 19 A. Once again, it depends on the function. 20 Q. Fair enough. All right. Prior to Premier 21 Medical, were you working? 22 A. I was. 23 Q. Where? 24 A. UCF Lake Nona Medical Center. 25 Q. How long were you at UCF Lake Nona? 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 301918 Llerena Asbel 01-18-2024 Page 17 A. Approximately eight months. Q. And were you working as a paramedic? A. I was. Q. And why did you leave UCF Lake Nona paramedic position after eight months? A. It was aggravating my condition way too often. Q. Okay. Did you report that to your superior at the UCF Lake Nona position? A. I reported that to my doctors. 10 Q. Okay. My question to you, sir, was did you 11 report that to your superior at UCF Lake Nona? 12 A. My -- my superiors were not interested in 13 knowing that about me. 14 Q. Right. I'm really asking you a yes or no 15 question, sir. You either reported it -- 16 A. No. 17 Q. -- or you didn't. So forgive me, but I'm 18 going to ask you again -—- 19