No Value: ALEXANDER LLERENA, ASHEL vs. RODRIGUEZ CHAVEZ, ADRIAN

On May 11, 115 a No Value was filed involving a dispute between Llerena, Ashel Alexander, and Granny'S Garden Ii Inc, Rodriguez Chavez, Adrian, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 190152483 E-Filed 01/19/2024 04:46:48 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,

ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.,

Defendants.
_______________________________/

DEFENDANT’S NOTICE OF FILING DEFENDANTS’
PROPOSED JURY INSTRUCTIONS

Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. by and

through undersigned counsel, hereby files the attached Defendants’ Proposed Jury

Instructions.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 19th day of January, 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; imerlos@forthepeople.com;

anajera@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452-

1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel Alexander Llerena.

COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
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 (407) 775-3577
Facsimile (321) 972-0099
Primary e-mail: sandra.mcintosh@csklegal.com

By: s/ Gary L. Lewis
GARY L. LEWIS
Florida Bar No.: 158887
0487.2384-00
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,

ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.,

Defendants.
_______________________________/

JURY INSTRUCTIONS

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

PRIOR TO VOIR DIRE

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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

DESCRIPTION OF CASE
(Prior to Voir Dire)

Welcome. The clerk will now administer your oath:

Now that you have been sworn, I’d like to give you an idea about what we are here

to do.

This is a civil trial. A civil trial is different from a criminal case, where a defendant

is charged by the state prosecutor with committing a crime. The subject of a civil trial is

a disagreement between people or companies, where the claims of one or more of these

parties have been brought to court to be resolved. It is called “a trial of a lawsuit.”

The principal witnesses who will testify in this case are:

Asbel Alexander Llerena

Adrian Rodriguez Chavez

John A. Jenkins, MD: Orthopaedic Surgeon

Marc D. Kaye, MD: Radiologist

Ming Xiao, Ph.D, P.E., ACTAR: Accident Reconstruction

Timonthy Bundy, D.O., CLCP, ATC : Life Care Planner

Michael Freeman, Ph.D.: Forensic

Farhad Booeshaghi, Ph.D., P.E.: Accident Reconstructon

Fla. Std. Jury Instruction 201.1

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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

INTRODUCTION OF PARTICIPANTS

AND THEIR ROLES

Who are the people here and what do they do?

Judge/Court: I am the Judge. You may hear people occasionally refer to me as

“The Court.” That is the formal name for my role. My job is to maintain order and decide

how to apply the rules of the law to the trial. I will also explain various rules to you that

you will need to know in order to do your job as the jury. It is my job to remain neutral on

the issues of this lawsuit.

Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is

called the Defendant.

Attorneys: The attorneys have the job of representing their clients. That means

they speak for their client here at the trial. They have taken oaths as attorneys to do their

best and to follow the rules for their profession.

Plaintiff’s Counsel: The attorney on this side of the courtroom, Melissa Alzate,

represents Asbel Alexander Llerena and is the person who filed the lawsuit here at the

courthouse. Her job is to present her client’s side of things to you. She and her client will

be referred to most of the time as “the plaintiff.” Ms. Alzate, will you please introduce who

is sitting at the table with you?

Defendant’s Counsel: The attorney on this side of the courtroom, Scott Shelton,

and Gary Lewis. They represent Adrian Rodriguez Chavez and Granny’s Garden II, Inc.,

the people who have been sued. Their job is to present his clients’ side of things to you.

They will usually be referred to here as “the defendants.” Mr. Shelton, will you please

introduce who is sitting at the table with you?
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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

Court Clerk: This person sitting in front of me, ______________________, is the

court clerk. He/She is here to assist me with some of the mechanics of the trial process,

including the numbering and collection of the exhibits that are introduced in the course of

the trial.

Court Reporter: The person sitting at the stenographic machine,

____________________, is the court reporter. His/Her job is to keep an accurate legal

record of everything we say and do during this trial.

Deputy: The person over there, ____________________, is the deputy. His/Her

job is to maintain order and security in the courtroom. The deputy is also my

representative to the jury. Anything you need or any problems that come up for you during

the course of the trial should be brought to him/her. However, the deputy cannot answer

any of your questions about the case. Only I can do that.

Jury: Last, but not least, is the jury, which we will begin to select in a few moments

from among all of you. The jury’s job will be to decide what the facts are and what the

facts mean. Jurors should be as neutral as possible at this point and have no fixed opinion

about the lawsuit.

In order to have a fair and lawful trial, there are rules that all jurors must follow. A

basic rule is that jurors must decide the case only on the evidence presented in the

courtroom. You must not communicate with anyone, including friends and family

members, about this case, the people and places involved, or your jury service. You must

not disclose your thoughts about this case or ask for advice on how to decide this case.

I want to stress that this rule means you must not use electronic devices or

computers to communicate about this case, including tweeting, texting, blogging, e-
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CASE NO.: 2020 CA 002872 AN

mailing, posting information on a website or chat room, or any other means at all. Do not

send or accept any messages to or from anyone about this case or your jury service.

You must not do any research or look up words, names, maps, or anything else

that may have anything to do with this case. This includes reading newspapers, watching

television or using a computer, cell phone, the Internet, any electronic device, or any other

means at all, to get information related to this case or the people and places involved in

this case. This applies whether you are in the courthouse, at home, or anywhere else.

Many of you may have cell phones, tablets, laptops, or other electronic devices

with you here in the courtroom. All cell phones, computers, tablets, or other types of

electronic devices must be turned off while you are in the courtroom. Turned off means

that the phone or other electronic device is actually off and not in a silent or vibrating

mode. You may use these devices during recesses, but even then you may not use your

cell phone or electronic device to find out any information about the case or communicate

with anyone about the case or the people involved in the case. Do not take photographs,

video recordings, or audio recordings of the proceedings or of your fellow jurors. After

each recess, please double check to make sure your cell phone or electronic device is

turned off. At the end of the case, while you are deliberating, you must not communicate

with anyone outside the jury room. You cannot have in the jury room any cell phones,

computers, or other electronic devices. If someone needs to contact you in an emergency,

the court can receive messages and deliver them to you without delay. A contact phone

number will be provided to you.

What are the reasons for these rules: These rules are imposed because jurors

must decide the case without distraction and only on the evidence presented in the
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CASE NO.: 2020 CA 002872 AN

courtroom. If you investigate, research, or make inquiries on your own outside of the

courtroom, the trial judge has no way to make sure that the information you obtain is

proper for the case. The parties likewise have no opportunity to dispute or challenge the

accuracy of what you find. That is contrary to our judicial system, which assures every

party the right to ask questions about and challenge the evidence being considered

against it and to present argument with respect to that evidence. Any independent

investigation by a juror unfairly and improperly prevents the parties from having that

opportunity our judicial system promises.

Any juror who violates these restrictions jeopardizes the fairness of these

proceedings, and a mistrial could result that would require the entire trial process to start

over. A mistrial is a tremendous expense and inconvenience to the parties, the court, and

the taxpayers. If you violate these rules, you may be held in contempt of court, and face

sanctions, such as serving time in jail, paying a fine or both.

All of your communications with courtroom personnel, or me, will be part of the

record of these proceedings. That means those communications shall either be made in

open court with the court reporter present or, if they are in writing, the writing will be filed

with the court clerk. This means, if you are outside the courtroom, any communication

with me must be in writing, unsigned, and handed directly to the deputy. Do not share the

content of the writing with anyone, including other jurors. I have instructed the courtroom

personnel that any communications you have with them outside of my presence must be

reported to me, and I will tell the parties and their attorneys about any communication

from you that I believe may be of interest to the parties and their attorneys.

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TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN

However, you may communicate directly with courtroom personnel about matters

concerning your comfort and safety, such as juror parking, location of break areas, how

and when to assemble for duty, dress, and what personal items can be brought into the

courthouse or jury room.

If you become aware of any violation of these instructions or any other instruction

I give in this case, you must tell me by giving a note to the deputy.

Fla. Std. Jury Instruction 201.2

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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

EXPLANATION OF THE VOIR DIRE PROCESS

Voir Dire: The last thing I want to do, before we begin to select the jury, is to

explain to you how the selection process works.

Questions/Challenges: This is the part of the case where the parties and their

lawyers have the opportunity to get to know a little bit about you, in order to help them

come to their own conclusions about your ability to be fair and impartial, so they can

decide who they think should be the jurors in this case

How we go about that is as follows: First, I’ll ask some general questions of you.

Then, each of the lawyers will have more specific questions that they will ask of you. After

they have asked all of their questions, I will meet with them and they will tell me their

choices for jurors. Each side can ask that I exclude a person from serving on a jury if they

can give me a reason to believe that he or she might be unable to be fair and impartial.

That is what is called a challenge for cause. The lawyers also have a certain number of

what are called peremptory challenges, by which they may exclude a person from the jury

without giving a reason. By this process of elimination, the remaining persons are

selected as the jury. It may take more than one conference among the parties, their

attorneys, and me before the final selections are made.

Purpose of Questioning: The questions that you will be asked during this process

are not intended to embarrass you or unnecessarily pry into your personal affairs, but it

is important that the parties and their attorneys know enough about you to make this

important decision. If a question is asked that you would prefer not to answer in front of

the whole courtroom, just let me know and you can come up here and give your answer

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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

just in front of the attorneys and me. If you have a question of either the attorneys or me,

don’t hesitate to let me know.

Response to Questioning: There are no right or wrong answers to the questions

that will be asked of you. The only thing that I ask is that you answer the questions as

frankly and as honestly and as completely as you can. You have taken an oath to answer

all questions truthfully and completely and you must do so. Remaining silent when you

have information you should disclose is a violation of that oath as well. If a juror violates

this oath, it not only may result in having to try the case all over again but also can result

in civil and criminal penalties against a juror personally. So, again, it is very important that

you be as honest and complete with your answers as you possibly can. If you don’t

understand the question, please raise your hand and ask for an explanation or

clarification.

In the process of selecting the jury, some of the lawyers’ questions may be meant

to help them anticipate if your beliefs, experiences, or attitudes might make it difficult for

you to apply the rules of law. Jurors take an oath to follow the law. After the jury is chosen

and sworn in, I will instruct the jury on the rules they must follow in deciding this case. It

is important for you to remember that it will not be the jury’s job to decide what the law

ought to be rather, the jury is to determine what the facts are, then apply the law to those

facts, using the court’s instructions on the rules of law to apply—which will be fully given

to the jury at the appropriate time.

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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

In sum, this is a process to assist the parties and their attorneys to select a fair and

impartial jury. All of the questions they ask you are for this purpose. If, for any reason,

you do not think you can be a fair and impartial juror, you must tell us.

Fla. Std. Jury Instruction 201.3

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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

PRIOR TO OPENING STATEMENTS

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TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN

INTRODUCTION

You have now taken an oath to serve as jurors in this trial. Before we begin, I am

going to tell you about the rules of law that apply to this case and let you know what you

can expect as the trial proceeds.

It is my intention to give you most of the rules of law but it might be that I will not

know for sure all of the law that will apply in this case until all of the evidence is presented.

However, I can anticipate most of the law and give it to you at the beginning of the trial

so that you will better understand what to be looking for while the evidence is presented.

If I later decide that different or additional law applies to the case, I will tell you. In any

event, at the end of the evidence I will give you the final instructions on which you must

base your verdict. At that time, you will have a complete written set of the instructions so

you do not have to memorize what I am about to tell you.

Fla. Std. Jury Instruction 202.1

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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

SUMMARY OF CLAIMS

On December 3, 2019, the Plaintiff, Asbel Llerena, was driving his Kia Soul on

Neptune Road. The Defendant, Adrian Chavez, was Granny’s Garden II, Inc. and driving

his employer’s 2019 Dodge Ram 3500 truck on the way to their shop. Mr. Chavez was

behind the Plaintiff and they were coming up to a cross-walk and then a speed bump

before entering a round-about. The parties continued to decrease their speed from the

20 mph speed limit as they approached the crosswalk and the speed bump before

entering the round-about. Plaintiff suddenly stopped at the entry of the round-about and

Mr. Chavez bumped into Plaintiff’s Kia Soul’s rear bumper at less than 5 m.p.h. when the

accident occurred. The Plaintiff asserts Mr. Chavez negligently operated his vehicle and

he sustained injuries as a result of the collision. The Defendants deny Mr. Chavez was

negligent and further deny the extent of the Plaintiff’s claims for injuries and damages.

The Defendants deny that Mr. Chavez was negligent and further deny the extent

of the Plaintiff’s claims for injuries and damages.

The parties must prove their claims by the greater weight of the evidence. I will

now define some of the terms you will use in deciding this case.

Fla. Std. Jury Instruction 401.2

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GREATER WEIGHT OF THE EVIDENCE

“Greater weight of the evidence” means the more persuasive and convincing force

and effect of the entire evidence in the case.

Fla. Std. Jury Instruction 401.3

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NEGLIGENCE

Negligence is the failure to use reasonable care, which is the care that a

reasonably careful person would use under like circumstances. Negligence is doing

something that a reasonably careful person would not do under like circumstances or

failing to do something that a reasonably careful person would do under like

circumstances.

Fla. Std. Jury Instruction 401.4

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LEGAL CAUSE

Negligence is a legal cause of loss, injury or damage if it directly and in natural and

continuous sequence produces or contributes substantially to producing such loss, injury

or damage, so that it can reasonably be said that, but for the negligence, the loss, injury

or damage would not have occurred.

Fla. Std. Jury Instruction 401.12(a)

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ISSUES ON PLAINTIFF’S CLAIM — GENERAL NEGLIGENCE

The issue you must decide on Plaintiff’s claim against the Defendants is whether

Adrian Rodriguez Chavez was negligent in operating his vehicle on December 3, 2019,

and, if so, whether that negligence was a legal cause of the loss, injury, or damage to the

Plaintiff.

Fla. Std. Jury Instruction 401.21

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BURDEN OF PROOF ON MAIN CLAIM

If the greater weight of the evidence does not support Plaintiff’s claims, your verdict

should be for the Defendants.

However, if the greater weight of the evidence supports one or more of Plaintiff’s

claims, then your verdict should be for the Plaintiff and against the Defendants on those

claims.

Fla. Std. Jury Instruction 401.21

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DEFENSE ISSUES

If, however, the greater weight of the evidence supports the Plaintiff’s claim, then

you shall consider the defenses raised by the Defendants.

On the first defense, the issue for you to decide is whether the Plaintiff has failed

to mitigate his damages by proactively and responsibly seeking medical care and follow

the advice of medical professionals.

On the second defense, the issue for you to decide is whether the Plaintiff herself

was at fault in causing the accident by failing to take action to avoid the accident.

Fla. Std. Jury Instruction 401.22(a)

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BURDEN OF PROOF ON DEFENSE ISSUES

If the greater weight of the evidence does not support the Defendants’ defenses

and the greater weight of the evidence does support the Plaintiff’s claim, then your verdict

should be for the Plaintiff.

Fla. Std. Jury Instruction 401.23

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MOTOR VEHICLE FAULT NO-FAULT INSTRUCTION

If your verdict is for the Defendants, you will not consider the matter of damages.

But if the greater weight of the evidence supports Plaintiff’s claim, you should determine

and write on the verdict form, in dollars, the total amount of money that the greater weight

of the evidence shows will fairly and adequately compensate the Plaintiff for the following

elements of damage, including damage that the Plaintiff is reasonably certain to incur in

the future:

a. Medical expenses:

The reasonable value or expense of hospitalization and medical care and

treatment necessarily or reasonably obtained by the Plaintiff in the past or to

be so obtained in the future.

You must next decide whether the Plaintiff’s injury, resulting from the incident in

this case, is permanent. An injury is permanent if it, in whole or in part, consists of:

(1) a significant and permanent loss of an important bodily function; or

(2) a significant and permanent scarring or disfigurement; or

(3) an injury that the evidence shows is permanent to a reasonable degree of

medical probability.

If the greater weight of the evidence does not establish that the Plaintiff’s injury is

permanent, then your verdict is complete. If, however, the greater weight of the evidence

shows that the Plaintiff’s injury is permanent, you should also award damages for these

additional elements of damage:

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b. Injury, pain, disability, disfigurement, loss of capacity for enjoyment of

life:

Any bodily injury sustained by the Plaintiff and any resulting pain and suffering,

disability or physical impairment, disfigurement, mental anguish, inconvenience

or loss of capacity for the enjoyment of life experienced in the past or to be

experienced in the future. There is no exact standard for measuring such

damage. The amount should be fair and just in the light of the evidence.

Fla. Std. Jury Instruction 501.3

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OTHER CONTRIBUTING CAUSES OF DAMAGES

If you find that Adrian Chavez caused a bodily injury, and that the injury resulted

in an aggravation of an existing disease or physical defect or activation of a latent disease

or physical defect, you should attempt to decide what portion of Plaintiff’s condition

resulted from the aggravation or activation. If you can make that determination, then you

should award only those damages resulting from the aggravation or activation. However,

if you cannot make that determination, or if it cannot be said that the condition would have

existed apart from the injury, then you should award damages for the entire condition

suffered by the Plaintiff.

Fla. Std. Jury Instruction 501.5(a)

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MORTALITY TABLES

If the greater weight of the evidence shows that the Plaintiff has been permanently

injured, you may consider his life expectancy. The mortality tables received in evidence

may be considered in determining how long the Plaintiff may be expected to live. Mortality

tables are not binding on you but may be considered together with other evidence in the

case bearing on the Plaintiff’s health, age and physical condition, before and after the

injury, in determining the probable length of his life.

Fla. Std. Jury Instruction 501.6

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WEIGHING THE EVIDENCE

In deciding this case, it is your duty as jurors to answer certain questions I ask you

to answer on a special form, called a verdict form. You must come to an agreement about

your verdict. Your agreed-upon answers to my questions are called your jury verdict.

The evidence in this case consists of the sworn testimony of the witnesses, all

exhibits received in evidence and all facts that were admitted or agreed to by the parties.

In reaching your verdict, you must think about and weigh the testimony and any

documents, photographs, or other material that has been received in evidence. You may

also consider any facts that were admitted or agreed to by the lawyers. Your job is to

determine what the facts are. You may use reason and common sense to reach

conclusions. You may draw reasonable inferences from the evidence. But you should not

guess about things that were not covered here. And you must always apply the law as I

have explained it to you.

Fla. Std. Jury Instruction 601.1

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BELIEVABILITY OF WITNESSES

a. General considerations:

Let me speak briefly about witnesses. In evaluating the believability of any witness

and the weight you will give the testimony of any witness, you may properly consider the

demeanor of the witness while testifying; the frankness or lack of frankness of the witness;

the intelligence of the witness; any interest the witness may have in the outcome of the

case; the means and opportunity the witness had to know the facts about which the

witness testified; the ability of the witness to remember the matters about which the

witness testified; and the reasonableness of the testimony of the witness, considered in

the light of all the evidence in the case and in the light of your own experience and

common sense.

b. Expert witnesses:

You have heard opinion testimony on certain technical subjects from persons

referred to as expert witnesses.

You may accept such opinion testimony, reject it, or give it the weight you think it

deserves, considering the knowledge, skill, experience, training, or education of the

witness, the reasons given by the witness for the opinion expressed, and all the other

evidence in the case.

Fla. Std. Jury Instruction 601.2(a), (b)

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EXPLANATION OF THE TRIAL PROCEDURE

Now that you have heard the law, I want to let you know what you can expect as

the trial proceeds.

Opening Statements: In a few moments, the attorneys will each have a chance

to make what are called opening statements. In an opening statement, an attorney is

allowed to give you their views about what the evidence will be in the trial and what you

are likely to see and hear in the testimony.

Evidentiary Phase: After the attorneys’ opening statements the plaintiff will bring

her witnesses and evidence to you.

Evidence: Evidence is the information that the law allows you to see or hear in

deciding this case. Evidence includes the testimony of the witnesses, documents, and

anything else that I instruct you to consider.

Witnesses: A witness is a person who takes an oath to tell the truth and then

answers attorneys’ questions for the jury. The answering of attorneys’ questions by

witnesses is called “giving testimony.” Testimony means statements that are made when

someone has sworn an oath to tell the truth.

The plaintiff’s lawyer will normally ask a witness the questions first. That is called

direct examination. Then the defense lawyer may ask the same witness additional

questions about whatever the witness has testified to. That is called cross-examination.

Certain documents or other evidence may also be shown to you during direct or cross-

examination. After the plaintiff’s witnesses have testified, the defendant will have the

opportunity to put witnesses on the stand and go through the same process. Then the

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plaintiff’s lawyer gets to do cross-examination. The process is designed to be fair to both

sides.

It is important that you remember that testimony comes from witnesses. The

attorneys do not give testimony and they are not themselves witnesses.

Objections: Sometimes the attorneys will disagree about the rules for trial

procedure when a question is asked of a witness. When that happens, one of the lawyers

may make what is called an “objection.” The rules for a trial can be complicated, and there

are many reasons for attorneys to object. You should simply wait for me to decide how to

proceed. If I say that an objection is “sustained,” that means the witness may not answer

the question. If I say that the objection is “overruled,” that means the witness may answer

the question.

When there is an objection and I make a decision, you must not assume from that

decision that I have any particular opinion other than that the rules for conducting a trial

are being correctly followed. If I say a question may not be asked or answered, you must

not try to guess what the answer would have been. That is against the rules, too.

Side Bar Conferences: Sometimes I will need to speak to the attorneys about

legal elements of the case that are not appropriate for the jury to hear. The attorneys and

I will try to have as few of these conferences as possible while you are giving us your

valuable time in the courtroom. But, if we do have to have such a conference during

testimony, we will try to hold the conference at the side of my desk so that we do not have

to take a break and ask you to leave the courtroom.

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Recesses: Breaks in an ongoing trial are usually called “recesses.” During a

recess you still have your duties as a juror and must follow the rules, even while having

coffee, at lunch, or at home.

Instructions Before Closing Arguments: After all the evidence has been

presented to you, I will instruct you in the law that you must follow. It is important that you

remember these instructions to assist you in evaluating the final attorney presentations,

which come next, and, later, during your deliberations, to help you correctly sort through

the evidence to reach your decision.

Closing Arguments: The attorneys will then have the opportunity to make their

final presentations to you, which are called closing arguments.

Final Instructions: After you have heard the closing arguments, I will instruct you

further in the law as well as explain to you the procedures you must follow to decide the

case.

Deliberations: After you hear the final jury instructions, you will go to the jury room

and discuss and decide the questions I have put on your verdict form. You will have a

copy of the jury instructions to use during your discussions. The discussions you have

and the decisions you make are usually called “jury deliberations.” Your deliberations are

absolutely private and neither I nor anyone else will be with you in the jury room.

Verdict: When you have finished answering the questions, you will give the verdict

form to the deputy, and we will all return to the courtroom where your verdict will be read.

When that is completed, you will be released from your assignment as a juror.

What are the rules?

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Finally, before we begin the trial, I want to give you just a brief explanation of rules

you must follow as the case proceeds.

Keeping an Open Mind: You must pay close attention to the testimony and other

evidence as it comes into the trial. However, you must avoid forming any final opinion or

telling anyone else your views on the case until you begin your deliberations. This rule

requires you to keep an open mind until you have heard all of the evidence and is

designed to prevent you from influencing how your fellow jurors think until they have heard

all of the evidence and had an opportunity to form their own opinions. The time and place

for coming to your final opinions and speaking about them with your fellow jurors is during

deliberations in the jury room, after all of the evidence has been presented, closing

arguments have been made, and I have instructed you on the law. It is important that you

hear all of the facts and that you hear the law and how to apply it before you start deciding

anything.

Consider Only the Evidence: It is the things you hear and see in this courtroom

that matter in this trial. The law tells us that a juror can consider only the testimony and

other evidence that all the other jurors have also heard and seen in the presence of the

judge and the lawyers. Doing anything else is wrong and is against the law. That means

that you must not do any work or investigation of your own about the case. You must not

obtain on your own any information about the case or about anyone involved in the case,

from any source whatsoever. This includes reading newspapers, watching television or

using a computer, cell phone, the Internet, any electronic device, or any other means at

all, to get information related to this case or the people and places involved in this case.

This applies whether you are in the courthouse, at home, or anywhere else. You must not
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visit places mentioned in the trial or use the internet to look at maps or pictures to see

any place discussed during trial.

Do not provide any information about this case to anyone, including friends or

family members. Do not let anyone, including the closest family members, make

comments to you or ask questions about the trial. Jurors must not have discussions of

any sort with friends or family members about the case or the people and places involved.

So, do not let even the closest family members make comments to you or ask questions

about the trial. In this age of electronic communication, I want to stress again that just as

you must not talk about this case face-to-face, you must not talk about this case by using

an electronic device. You must not use phones, tablets, computers or other electronic

devices to communicate. Do not send or accept any messages related to this case or

your jury service. Do not discuss this case or ask for advice by any means at all, including

posting information on an Internet website, chat room or blog.

No Mid-Trial Discussions: When we are in a recess, do not discuss anything

about the trial or the case with each other or with anyone else. If attorneys approach you,

don’t speak with them. The law says they are to avoid contact with you. If an attorney will

not look at you or speak to you, do not be offended or form a conclusion about that

behavior. The attorney is not supposed to interact with jurors outside of the courtroom

and is only following the rules. The attorney is not being impolite. If an attorney or anyone

else does try to speak with you or says something about the case in your presence, please

inform the deputy immediately.

Only the Jury Decides: Only you get to deliberate and answer the verdict

questions at the end of the trial. I will not intrude into your deliberations at all. I am required
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to be neutral. You should not assume that I prefer one decision over another. You should

not try to guess what my opinion is about any part of the case. It would be wrong for you

to conclude that anything I say or do means that I am for one side or another in the trial.

Discussing and deciding the facts is your job alone.

Use of Cell Phones and Electronic Devices in the Courtroom and Jury Room:

All cell phones or other types of electronic devices must be turned off while you

are in the courtroom. Turned off means that the phone or other electronic device is

actually off and not in a silent or vibrating mode. You may use these devices during

recesses, but even then you may not use your phone or electronic device to find out any

information about the case or communicate with anyone about the case or the people

involved in the case. Do not take photographs, video recordings or audio recordings of

the proceedings or your fellow jurors. After each recess, please double check to make

sure your device is turned off. At the end of the case, while you are deliberating, you must

not communicate with anyone outside the jury room. You cannot have in the jury room

any cell phones, computers, or other electronic devices. If there are breaks in the

deliberations, I may allow you to communicate with your family or friends, but do not

communicate about the case or your deliberations. If someone needs to contact you in

an emergency, the court can receive messages and deliver them to you without delay.

The court’s phone number will be provided to you.

Fla. Std. Jury Instruction 202.2

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Case Info

Judge

ARENDAS, CHRISTINE E Track Judge’s New Case

Case No.

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Document Filed Date

March 10, 2071

Case Filing Date

May 11, 115

County

Parties

GRANNY'S GARDEN II INC Defendant
LLERENA, ASHEL ALEXANDER Plaintiff
RODRIGUEZ CHAVEZ, ADRIAN Defendant
Melissa Alzate Attorneys for Plaintiffs
Melissa Crowley Attorneys for Defendants
Scott Shelton Attorneys for Defendants
Gary Lewis Attorneys for Defendants
Harley Clement Attorneys for Defendants
Louis DeFreitas Attorneys for Plaintiffs
Allison VanValkenburg Attorney
Sharon Henry Attorney
Richard Russo Attorneys for Plaintiffs
Bryce Spano Attorney
Howard Scholl Attorney
Christopher D'Amico Attorney
Trevor Hawes Attorney
Elizabeth Moore Attorney
Brian McClain Attorney

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No Value: ALEXANDER LLERENA, ASHEL vs. RODRIGUEZ CHAVEZ, ADRIAN

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