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Filing # 193681593 E-Filed 03/10/2024 03:00:47 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 ADRIAN RODRIGUEZ CHAVEZ
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 Adrian Rodriguez Chavez 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 this10th 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. and Richard L. Russo,
Esq., Morgan & Morgan, P.A., malzate@forthepeople.com; vpagan@forthepeople.com,
RRusso@forthepeople.com; Apichardo@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
ASBEL ALEXANDER LLERENA,
Plaintiff,
vs CASE NO 2020-CA-002872-AN
ADRIAN RODRIGUEZ CHAVEZ
and GRANNY'S GARDEN II INC.,
Defendants,
DEPOSITION OF ADRIAN R CHAVEZ
DATE: JANUARY 18TH, 2024
TIME: 2:00 P.M.
LOCATION: VIA ZOOM VIDEOCONFERENCE
VENUS GIBSON, COURT REPORTER
APPEARING REMOTELY FROM VOLUSIA COUNTY, FLORIDA
APPEARANCE
ON BEHALF OF THE PLAINTIFF:
MORGAN & MORGAN, PA
198 Broadway
Kissimmee, FL 34741-5714
(407) 452-1597
BY
MELISSA ALZATE, ESQUIRE
Malzate@forthepeople.com
10
11
12
13 ON BEHALF OF THE DEFENDANTS:
14 COLE, SCOTT & KISSANE, PA.
1900 Summit Tower Boulevard
15 Suite 400
Orlando, FL 32810
16 (407) 775-3277
17 BY
GARY LEWIS, ESQUIRE
18 gary.lewis@csklegal.com
19
20
21
22
23
24
25
INDEX
PROCEEDINGS PAGE
DIRECT EXAMINATION BY MS. ALZATE 4
CERTIFICATE OF OATH 44
10 CERTIFICATE OF REPORTER 45
11 ERRATA SHEET 46
12 WITNESS NOTIFICATION LETTER 47
13
14 PLAINTIFF'S EXHIBITS
15 * *NONE**
16
17
18 DEFENDANT'S EXHIBITS
19 * *NONE**
20
21
22
23
24
25
THE COURT REPORTER: Do you solemnly swear
or affirm that the testimony you're about to give shall
be the truth, the whole truth, and nothing but the
truth?
THE WITNESS: I do.
THEREUPON,
ADRIAN RODRIGUEZ CHAVEZ
having first been duly sworn, testified as
follows:
10 DIRECT EXAMINATION
11 BY MS. ALZATE:
12 Q Good afternoon, sir. Can you please state
13 your name for the record?
14 A Yes. Adrian Rodriguez Chavez.
15 Q Okay. And do you go by Mr. Chavez or do
16 you go by Mr. Rodriguez?
17 A I go by Mr. Chavez. Rodriguez is
18 technically my middle name.
19 Q Okay. Okay. Very cool. So I'll just
20 refer to you by Mr. Chavez, is that okay?
21 A Yes, ma'am.
22 Q Excellent. Have you ever given a
23 deposition before?
24 A No.
25 Q Okay. So I'm going to go over some ground
rules. I'm sure Mr. Lewis has already gone over it with
you. We want to make sure that when you answer my
question you do so verbally. And as a conversation we
tend to nod our head or say uh-huh, huh-uh, but since we
want a clear record we want to make sure that you answer
verbally, okay?
A Yes.
Q I want to make sure we don't talk over one
another. You understand you're under oath. You're
10 sworn to tell the truth. Your testimony has same affect
11 and force as if you were in front of a jury. If you
12 don't understand my question please let me know. I'll
13 be happy to rephrase it. And if at any point you need
14 to take a break all I ask is that you finish answering
15 the last question that I asked of you and then we can go
16 on a quick break, is that fair?
17 A Yes.
18 Q Excellent. Is there any reason why you
19 won't be able to give a full, complete and truthful
20 answer to any of my questions today?
21 A There shouldn't be no reason why.
22 Q Okay. Is there any reason why you won't be
23 able to understand any of the questions or give any
24 truthful or complete answers to any of questions today?
25 A No, ma'am.
Q Are you taking any medications that may
prevent you from answering, understanding and fully
giving truthful answers to my questions today?
A No, ma'am.
Q Do you have any illnesses that may prevent
you from understanding my questions and answering them
fully?
A No, ma'am.
Q I -- while we were off record I did see
10 your driver's license. How long of you had that
11 driver's license?
12 A I've had the actual license since I was 15.
13 I've been a CDL driver since 2004 I believe.
14 Q And what does a CDL driver, what are they
15 able to do that most regular drivers won't be able to
16 do?
17 A I can driver semi's. Anything over a
18 hundred thousand pounds, that is truck and trailer.
19 Q Okay. And did you have to take a special
20 class or certification to be able to qualify for a CDL
21 driver's license?
22 A Yes. Just an updated test on air brakes,
23 general knowledge, combination and I did this at the DOT
24 office on John Young Parkway in Orlando in 2006 I
25 believe.
Q Okay. And since then you've held your
driver's license, or rather your CDL driver's
certificate, correct?
A Yes, ma'am.
Q Okay. Has your driver's license ever been
suspended?
A Once because of believe it was renewal of a
medical card. Got to do it every few year and I had the
medical card, but I had to go down to the office and
10 give them a copy.
11 Q And when was that -- rather when was that
12 driver's license suspended? Do you remember the year?
13 A No I don't.
14 Q Was it within the last ten years?
15 A Possibly. Like 2009 might be rolling
16 through my mind, but I'm, you know, not sure. It's been
17 such a long time.
18 Q Okay. And have you ever held any other
19 driver's license in any other state besides Florida?
20 A No, ma'am.
21 Q Okay. And please don't get offended by my
22 next question. I always ask of every single deponent.
23 Have you ever been arrested sir?
24 A Oh no, ma'am.
25 Q Okay. Have you ever been convicted or
charged with a felony?
A No, ma'am.
Q Have you ever been convict or charged with
a crime of dishonesty such as fraud, lying, forgery?
A No, ma'am.
Q Okay. The next questions I don't want to
know anything you've spoken with your attorney, okay?
Did you do anything to prepare for today's deposition?
A No, ma'am.
10 Q Okay. Did you review any documentation?
11 A No, ma'am.
12 Q Okay. Did you talk to anyone besides your
13 attorney?
14 A No, ma'am. No
15 Q Okay. Did you review my client's
16 deposition testimony?
17 A I'm sorry I didn't hear. I lost you. What
18 was that?
19 Q That's okay. For any reason you can't hear
20 me I kind of have you on speaker so if there's any
21 mumbling or anything let me know okay?
22 A Yes.
23 Q Did you review my client's deposition
24 testimony?
25 A No, ma'am.
Q Okay. And other than your attorney did you
have any communication with anyone about your deposition
today?
A No, ma'am.
Q Okay. All right. Let's go over a little
background. Have you ever been known by any other
names?
A No, ma'am.
Q Okay. And what's your current address?
10 A It is 1022 Old Tree Road. That's Orlando,
11 Florida 32825.
12 Q Did you say 32835?
13 A 25. 32825.
14 Q Got it. Thank you. And how long have you
15 resided at this 1022 Old Tree Road?
16 A I been there we bought the home in May 5th,
17 1999 and I've been there ever since.
18 Q Wow that's a long time. That's awesome?
19 A Thank you.
20 Q Okay. So you obviously been there close to
21 25 years, correct?
22 A Yes.
23 Q And who lives with you at that address?
24 A My wife and at this point three of my
25 children. I have my fourth child is in college in
Kentucky
Okay. And what's your child -- your wife's
name?
Gidget, G-I-D-G-E-T.
And last name Chavez?
Yes.
Okay. And what's your date of birth, sir?
January 2nd, 1978.
How old are you today?
10 46.
11 And where were you born?
12 I have born in Berrien Springs, Michigan.
13 And Madam Court Reporter, can we please get off record?
14 (Discussion off the record)
15 BY MS. ALZATE:
16 Q Let the record reflect that Mr. Chavez gave
17 me his Social Security while we were off record. And
18 Mr. Chavez how long have you been married?
19 A I been married for 20 -- let's see here. I
20 been married since we're going on 23 years.
21 Q Okay. And have you ever been married
22 before?
23 A No, ma'am.
24 Q I know you mentioned you have four
25 children. What are their names and ages?
A Adrian Seth is 22. Sierra Nicole is 20.
Sophia Gabriella is 12 and Silas Leonides is 8.
Q Okay. And for the benefit for the Court
Reporter would you mind spelling some of the names of
your children, I'm sorry.
A Sure. Which one? You want me to start
with the first?
Q Start with the oldest and work our way
down
10 A Okay. So he's Adrian. Obviously it's my
11 name so it's A-D-R-I-A-N middle name is Seth, S-E-T-H,
12 same last name. My daughter's 20 year old is
13 S-I-E-R-R-A middle name Nicole, N-I-C-O-L-E. Sofia is
14 S-O-F-I-A middle name Gabriella, G-A-B-R-I-E-L-L-A and
15 last one is Silas, S-I-L-A-S, Leonides, L-E-O-N-I-D-E-S.
16 Q Thank you so much for that. And Mr. Chavez
17 are you currently employed?
18 A Yes.
19 Q What's your occupation?
20 A I am an operation's manager for Chavez Lawn
21 Services Inc.
22 Q And how long you been at Chavez Lawn
23 Services Inc.?
24 A I have been there since November 5th, 2006.
25 So we're talking 17 years.
Q Okay. And do you have any ownership at
Chavez Lawn Services Inc.?
A No, ma'am. It's my brother's company.
Q Okay. And on the date of the crash were
you employed with Chavez Lawn Services Inc.?
A Yes, ma'am.
Q Have you ever been terminated from any
employment?
A No, ma'am.
10 Q And currently what is your duties at Chavez
11 Lawn Services Inc.?
12 A Well they've change since Covid. On top of
13 being an operations manager I'm actually out in the
14 field now. So I actually operate equipment, tractors.
15 I also do I'm a certified arborist so I actually go out
16 in the field and actually cut, remove trees on top of my
17 normal duties, which is, you know, paperwork, I guess it
18 would be moreso like accounts receivable, dailies and
19 stuff like that is what I'm responsible for.
20 Q Okay. And back in December of 2019 what
21 were your duties?
22 A That day I was taking a gator back to our
23 shop.
24 Q A gator? Did you say a gator?
25 A Yes. It is, like, an off road vehicle. It
a, I don't know, it's, like, a little SUV but it has no
top or anything. It's just a John Deer Gator.
Q Okay. Got it. Got it. And have you ever
been disciplined or reprimanded at any job position
you've held?
A No, ma'am.
Q Okay. What's the highest level of
education that you've completed?
A Some college. This would have been back in
10 1996, "97.
11 Q All right. Let's start out with high
12 school. You completed high school correct?
13 Correct.
14 Where did you attend high school?
15 Okeechobee High School in South Florida.
16 And what years did you attend?
17 A "92 to "96.
18 Q Okay. And you said you did some college.
19 What college did you attend?
20 A Indian River Community College also in
21 Okeechobee.
22 Q Did you complete any certifications or any
23 degrees?
24 A No, ma'am.
25 Q What years did you attend the Indian River
Community College?
A It would have been either in "96 or at the
beginning of "9O7,
Q Have had you any vocational training?
A Other than my certifications as being an
arborist I'm also -- I'm certify for DOT, like, abuse of
drugs and alcohol, stuff like that, I have that
certification. And I think at this point that's all my
certifications that I have and a CDL driver of course.
10 Q Okay. And have you ever served in the
11 military sir?
12 A No, ma'am.
13 Q Do you wear any prescription glasses or
14 contact lenses?
15 A No, ma'am.
16 Q Okay.
17 A My eyesight's 20/15.
18 Q Do you have an eye doctor?
19 A No, ma'am. The only reason I know that is
20 I had a re-certification from my medical card and they
21 have to go for all hell and all that good stuff so I
22 know what my eyesight is.
23 Q Okay. Understood. And then do you
24 remember at all when was the last time your eyes were
25 examined prior to the day of crash. So prior to
December 3rd, 2019?
A Let me think back a little bit. I'd just
got my certification and it's every two years so 20 --
would have been in ‘18, 9/9 of "18.
Q Okay. And when do you get that
certification and your eyes do get checked is there,
like, a specific eye doctor that sees you or is there a
doctor you go see to get that certification?
A Yes. I go to a doctor in Hunters Creek. I
10 can give you his information actually ‘cause I've got
11 the stuff on me.
12 Q That would have great?
13 It is Dr. Steven Barrett.
14 How do you spell the last name?
15 It is B-A-R-R-E-T-T.
16 Uh-huh.
17 And I've got a phone number for him,
18 (407) 240-0129.
19 Q Okay. Do you happen to have his office
20 address?
21 A I do not. Yeah, it doesn't state any of
22 that here.
23 Q That's okay?
24 A They are off of Town Center Boulevard in
25 Hunters Creek.
Q Thank you for that.
A Sure.
Q Have you ever had any eye surgeries or
procedures performed on your eyes?
A No, ma'am.
Q Have you ever had any problems with light
sensitivity?
A No, ma'am.
Q Any color blindness?
10 A No, ma'am.
11 Q Okay. How's your hearing?
12 A Great I think.
13 Q I mean it sounds like you're hearing me
14 well so I'm assuming?
15 A Yes, ma'am.
16 Q Okay. Have you ever been involved in any
17 car accidents other than the one we're here to talk
18 about today?
19 A If I was involved in a car accident, which
20 I cant think of anything current, it would have been
21 when I was in my late teens, possibly, like, between
22 maybe 18 and 20 years old. Nothing since then.
23 Q Okay. But you don't have any independent
24 recollection of any accidents correct?
25 A No I do not. No.
Q Okay. And what type of vehicle were you
driving at the time of crash?
A It is a 2019 Ram 3500 worksman truck.
Q Okay. Did that vehicle have a -- camera or
some sort of regarding device?
A No, ma'am.
Q Okay. And are you familiar with the area
where the crash occur from personal experience?
A Yes. It is at a roundabout at Martin
10 Luther King, and I believe Thack -- I want to say
11 Thacker is where that area's at. I could be wrong, but
12 I know it in that area. I know it's before John Young
13 Parkway.
14 Q Okay. I have here that the crash happened
15 somewhere around Neptune Road. Does that sound
16 familiar?
17 A Yes. Actually what happens is is Neptune
18 Road when it comes up to OBT changes and it becomes
19 Martin Luther King. So it is -- you can say it's
20 Neptune Road. It would be Neptune Road and it -- it
21 basically comes up to John Young Parkway. So it was I
22 between Orange Blossom Trail and John Young Parkway on
23 either Neptune or MLK.
24 Q Okay. Understood. Thanks for clarifying?
25 A Yes, ma'am.
Q And how often would you say you drove in
that vicinity of the crash?
A A lot actually. We had a shop there for
about five to six years and so we basically traveled
back and forth from Saint Cloud to Hunters Cheek, the
surrounding area so that was an area that we traveled
quite frequently.
Q Okay. And were there any obstructions to
your view or vision in the area of the crash?
10 A I'm sorry, you cut out.
11 Q That's okay. Was there any obstruction to
12 your view or vision in the area of crash?
13 A No, ma'am.
14 Q Okay. Describe the area where the crash
15 occurred? I know you said there was a roundabout. Can
16 you give me more details?
17 A That was really about it. We are just
18 oming up to a roundabout, every was yielding and that's
19 the area. So basically I was heading westbound towards
20 John Young Parkway coming up to the roundabout.
21 Q Okay. And how many lanes were there?
22 A There are technically two, but the left
23 lane actually goes you can go around the roundabout
24 where the right one you can actually exit off whether
25 you're heading either of the three or four direction.
So I -- we were all in the left lane so we were going to
go around to join back up to the other side of Neptune
or MLK, whatever the street's listed as.
Q Good, okay. And were there any nearby
buildings in that roundabout on Neptune Road?
A Yes. There's actually -- these are --
they're county buildings. Many years ago there was
county employee there, but now the building's are
they're, like, I don't know if they're abandoned, or if
10 they're rebuilding or whatever, but they were gray
11 buildings there that they used to use. I don't know if
12 it was -- something to do with the county. I really
13 couldn't tell you what it was?
14 Q Okay. And as far as you can remember what
15 time of day did the crash occur?
16 A It was in the afternoon. I will say
17 between the afternoon or evening, somewhere this that
18 area because we were coming up to the end of the day and
19 I was headed back to our shop.
20 Q Okay. I have the police report in front of
21 me. The police recorded 4:24 p.m. Does that sound
22 accurate to you?
23 A That sounds about right, yes, ma'am.
24 Q Okay. And what were the traffic conditions
25 like at the time of crash?
A Normal. Kissimmee is a pretty congested
area so it just seem like a just a regular day. Just,
you know, cars here and there.
Q And as far as you can remember how many
vehicles were in front of you before the crash occurred?
A Two.
Q Okay. And can you describe them for me?
A Directly in front of me was a Kia. I don't
know what was in front of the Kia. I didn't really pay
10 much attention to the car just because I had no --
11 nothing to do with that car. So we kind of -- I just
12 kind of -- just remember the Kia.
13 Q Do you know if there's any vehicles behind
14 you?
15 A No, ma'am. I looked out the rear view and
16 there was nobody near me for me to remember a vehicle of
17 any make approaching me.
18 Okay. Were there any vehicles to your
19 right?
20 To my right, no.
21 Q Okay. And what was the pace of traffic?
22 A Normally the like a 25 to 30 mile an hour
23 zone. So we were all basically traveling about that
24 speed, of course and we started to low down as we were
25 coming up to roundabout.
Q Okay. What were the we conditions if you
can remember at the time of the crash?
A I don't remember anything, like, raining or
anything like that. Seems like there were just normal
conditions. No rain.
Q Sunny? Clear?
A Yeah. Sunny. Clear.
Q Okay. And at the time of the crash what
were the repairs if any within the 12 months before the
10 crash in the vehicle you were traveling in?
11 Q Not -- the vehicle was brand new.
12 Q Brand new. Okay.
13 A Yes.
14 Q So no you there were no repairs that had to
15 be done correct?
16 A No, ma'am. Yeah, the vehicle is 2019 and I
17 believe this was 2020 so yeah, the vehicle was
18 relatively new.
19 Q Okay. I have here that the date of the
20 crash was December 3rd,2019 does that sound accurate to
21 you?
22 A Yes.
23 Q Okay. Were there any repairs needed on
24 your vehicle after the crash?
25 A No, ma'am. No damage at all?
Q Okay. Do you know if there were ever any
repair estimates made for your vehicle or anything like
that after the crash?
A No, ma'am. I had the vehicle and it didn't
need anything at all, other than your normal oil changes
and tire rotation, that's about it.
Q And what maintenance was performed 12
months before the crash, any at all?
A If anything at all it would be fuel filter
10 about every ten thousand miles,
Preview
Filing # 193681593 E-Filed 03/10/2024 03:00:47 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 ADRIAN RODRIGUEZ CHAVEZ 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 Adrian Rodriguez Chavez 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 this10th 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. and Richard L. Russo, Esq., Morgan & Morgan, P.A., malzate@forthepeople.com; vpagan@forthepeople.com, RRusso@forthepeople.com; Apichardo@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 ASBEL ALEXANDER LLERENA, Plaintiff, vs CASE NO 2020-CA-002872-AN ADRIAN RODRIGUEZ CHAVEZ and GRANNY'S GARDEN II INC., Defendants, DEPOSITION OF ADRIAN R CHAVEZ DATE: JANUARY 18TH, 2024 TIME: 2:00 P.M. LOCATION: VIA ZOOM VIDEOCONFERENCE VENUS GIBSON, COURT REPORTER APPEARING REMOTELY FROM VOLUSIA COUNTY, FLORIDA APPEARANCE ON BEHALF OF THE PLAINTIFF: MORGAN & MORGAN, PA 198 Broadway Kissimmee, FL 34741-5714 (407) 452-1597 BY MELISSA ALZATE, ESQUIRE Malzate@forthepeople.com 10 11 12 13 ON BEHALF OF THE DEFENDANTS: 14 COLE, SCOTT & KISSANE, PA. 1900 Summit Tower Boulevard 15 Suite 400 Orlando, FL 32810 16 (407) 775-3277 17 BY GARY LEWIS, ESQUIRE 18 gary.lewis@csklegal.com 19 20 21 22 23 24 25 INDEX PROCEEDINGS PAGE DIRECT EXAMINATION BY MS. ALZATE 4 CERTIFICATE OF OATH 44 10 CERTIFICATE OF REPORTER 45 11 ERRATA SHEET 46 12 WITNESS NOTIFICATION LETTER 47 13 14 PLAINTIFF'S EXHIBITS 15 * *NONE** 16 17 18 DEFENDANT'S EXHIBITS 19 * *NONE** 20 21 22 23 24 25 THE COURT REPORTER: Do you solemnly swear or affirm that the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth? THE WITNESS: I do. THEREUPON, ADRIAN RODRIGUEZ CHAVEZ having first been duly sworn, testified as follows: 10 DIRECT EXAMINATION 11 BY MS. ALZATE: 12 Q Good afternoon, sir. Can you please state 13 your name for the record? 14 A Yes. Adrian Rodriguez Chavez. 15 Q Okay. And do you go by Mr. Chavez or do 16 you go by Mr. Rodriguez? 17 A I go by Mr. Chavez. Rodriguez is 18 technically my middle name. 19 Q Okay. Okay. Very cool. So I'll just 20 refer to you by Mr. Chavez, is that okay? 21 A Yes, ma'am. 22 Q Excellent. Have you ever given a 23 deposition before? 24 A No. 25 Q Okay. So I'm going to go over some ground rules. I'm sure Mr. Lewis has already gone over it with you. We want to make sure that when you answer my question you do so verbally. And as a conversation we tend to nod our head or say uh-huh, huh-uh, but since we want a clear record we want to make sure that you answer verbally, okay? A Yes. Q I want to make sure we don't talk over one another. You understand you're under oath. You're 10 sworn to tell the truth. Your testimony has same affect 11 and force as if you were in front of a jury. If you 12 don't understand my question please let me know. I'll 13 be happy to rephrase it. And if at any point you need 14 to take a break all I ask is that you finish answering 15 the last question that I asked of you and then we can go 16 on a quick break, is that fair? 17 A Yes. 18 Q Excellent. Is there any reason why you 19 won't be able to give a full, complete and truthful 20 answer to any of my questions today? 21 A There shouldn't be no reason why. 22 Q Okay. Is there any reason why you won't be 23 able to understand any of the questions or give any 24 truthful or complete answers to any of questions today? 25 A No, ma'am. Q Are you taking any medications that may prevent you from answering, understanding and fully giving truthful answers to my questions today? A No, ma'am. Q Do you have any illnesses that may prevent you from understanding my questions and answering them fully? A No, ma'am. Q I -- while we were off record I did see 10 your driver's license. How long of you had that 11 driver's license? 12 A I've had the actual license since I was 15. 13 I've been a CDL driver since 2004 I believe. 14 Q And what does a CDL driver, what are they 15 able to do that most regular drivers won't be able to 16 do? 17 A I can driver semi's. Anything over a 18 hundred thousand pounds, that is truck and trailer. 19 Q Okay. And did you have to take a special 20 class or certification to be able to qualify for a CDL 21 driver's license? 22 A Yes. Just an updated test on air brakes, 23 general knowledge, combination and I did this at the DOT 24 office on John Young Parkway in Orlando in 2006 I 25 believe. Q Okay. And since then you've held your driver's license, or rather your CDL driver's certificate, correct? A Yes, ma'am. Q Okay. Has your driver's license ever been suspended? A Once because of believe it was renewal of a medical card. Got to do it every few year and I had the medical card, but I had to go down to the office and 10 give them a copy. 11 Q And when was that -- rather when was that 12 driver's license suspended? Do you remember the year? 13 A No I don't. 14 Q Was it within the last ten years? 15 A Possibly. Like 2009 might be rolling 16 through my mind, but I'm, you know, not sure. It's been 17 such a long time. 18 Q Okay. And have you ever held any other 19 driver's license in any other state besides Florida? 20 A No, ma'am. 21 Q Okay. And please don't get offended by my 22 next question. I always ask of every single deponent. 23 Have you ever been arrested sir? 24 A Oh no, ma'am. 25 Q Okay. Have you ever been convicted or charged with a felony? A No, ma'am. Q Have you ever been convict or charged with a crime of dishonesty such as fraud, lying, forgery? A No, ma'am. Q Okay. The next questions I don't want to know anything you've spoken with your attorney, okay? Did you do anything to prepare for today's deposition? A No, ma'am. 10 Q Okay. Did you review any documentation? 11 A No, ma'am. 12 Q Okay. Did you talk to anyone besides your 13 attorney? 14 A No, ma'am. No 15 Q Okay. Did you review my client's 16 deposition testimony? 17 A I'm sorry I didn't hear. I lost you. What 18 was that? 19 Q That's okay. For any reason you can't hear 20 me I kind of have you on speaker so if there's any 21 mumbling or anything let me know okay? 22 A Yes. 23 Q Did you review my client's deposition 24 testimony? 25 A No, ma'am. Q Okay. And other than your attorney did you have any communication with anyone about your deposition today? A No, ma'am. Q Okay. All right. Let's go over a little background. Have you ever been known by any other names? A No, ma'am. Q Okay. And what's your current address? 10 A It is 1022 Old Tree Road. That's Orlando, 11 Florida 32825. 12 Q Did you say 32835? 13 A 25. 32825. 14 Q Got it. Thank you. And how long have you 15 resided at this 1022 Old Tree Road? 16 A I been there we bought the home in May 5th, 17 1999 and I've been there ever since. 18 Q Wow that's a long time. That's awesome? 19 A Thank you. 20 Q Okay. So you obviously been there close to 21 25 years, correct? 22 A Yes. 23 Q And who lives with you at that address? 24 A My wife and at this point three of my 25 children. I have my fourth child is in college in Kentucky Okay. And what's your child -- your wife's name? Gidget, G-I-D-G-E-T. And last name Chavez? Yes. Okay. And what's your date of birth, sir? January 2nd, 1978. How old are you today? 10 46. 11 And where were you born? 12 I have born in Berrien Springs, Michigan. 13 And Madam Court Reporter, can we please get off record? 14 (Discussion off the record) 15 BY MS. ALZATE: 16 Q Let the record reflect that Mr. Chavez gave 17 me his Social Security while we were off record. And 18 Mr. Chavez how long have you been married? 19 A I been married for 20 -- let's see here. I 20 been married since we're going on 23 years. 21 Q Okay. And have you ever been married 22 before? 23 A No, ma'am. 24 Q I know you mentioned you have four 25 children. What are their names and ages? A Adrian Seth is 22. Sierra Nicole is 20. Sophia Gabriella is 12 and Silas Leonides is 8. Q Okay. And for the benefit for the Court Reporter would you mind spelling some of the names of your children, I'm sorry. A Sure. Which one? You want me to start with the first? Q Start with the oldest and work our way down 10 A Okay. So he's Adrian. Obviously it's my 11 name so it's A-D-R-I-A-N middle name is Seth, S-E-T-H, 12 same last name. My daughter's 20 year old is 13 S-I-E-R-R-A middle name Nicole, N-I-C-O-L-E. Sofia is 14 S-O-F-I-A middle name Gabriella, G-A-B-R-I-E-L-L-A and 15 last one is Silas, S-I-L-A-S, Leonides, L-E-O-N-I-D-E-S. 16 Q Thank you so much for that. And Mr. Chavez 17 are you currently employed? 18 A Yes. 19 Q What's your occupation? 20 A I am an operation's manager for Chavez Lawn 21 Services Inc. 22 Q And how long you been at Chavez Lawn 23 Services Inc.? 24 A I have been there since November 5th, 2006. 25 So we're talking 17 years. Q Okay. And do you have any ownership at Chavez Lawn Services Inc.? A No, ma'am. It's my brother's company. Q Okay. And on the date of the crash were you employed with Chavez Lawn Services Inc.? A Yes, ma'am. Q Have you ever been terminated from any employment? A No, ma'am. 10 Q And currently what is your duties at Chavez 11 Lawn Services Inc.? 12 A Well they've change since Covid. On top of 13 being an operations manager I'm actually out in the 14 field now. So I actually operate equipment, tractors. 15 I also do I'm a certified arborist so I actually go out 16 in the field and actually cut, remove trees on top of my 17 normal duties, which is, you know, paperwork, I guess it 18 would be moreso like accounts receivable, dailies and 19 stuff like that is what I'm responsible for. 20 Q Okay. And back in December of 2019 what 21 were your duties? 22 A That day I was taking a gator back to our 23 shop. 24 Q A gator? Did you say a gator? 25 A Yes. It is, like, an off road vehicle. It a, I don't know, it's, like, a little SUV but it has no top or anything. It's just a John Deer Gator. Q Okay. Got it. Got it. And have you ever been disciplined or reprimanded at any job position you've held? A No, ma'am. Q Okay. What's the highest level of education that you've completed? A Some college. This would have been back in 10 1996, "97. 11 Q All right. Let's start out with high 12 school. You completed high school correct? 13 Correct. 14 Where did you attend high school? 15 Okeechobee High School in South Florida. 16 And what years did you attend? 17 A "92 to "96. 18 Q Okay. And you said you did some college. 19 What college did you attend? 20 A Indian River Community College also in 21 Okeechobee. 22 Q Did you complete any certifications or any 23 degrees? 24 A No, ma'am. 25 Q What years did you attend the Indian River Community College? A It would have been either in "96 or at the beginning of "9O7, Q Have had you any vocational training? A Other than my certifications as being an arborist I'm also -- I'm certify for DOT, like, abuse of drugs and alcohol, stuff like that, I have that certification. And I think at this point that's all my certifications that I have and a CDL driver of course. 10 Q Okay. And have you ever served in the 11 military sir? 12 A No, ma'am. 13 Q Do you wear any prescription glasses or 14 contact lenses? 15 A No, ma'am. 16 Q Okay. 17 A My eyesight's 20/15. 18 Q Do you have an eye doctor? 19 A No, ma'am. The only reason I know that is 20 I had a re-certification from my medical card and they 21 have to go for all hell and all that good stuff so I 22 know what my eyesight is. 23 Q Okay. Understood. And then do you 24 remember at all when was the last time your eyes were 25 examined prior to the day of crash. So prior to December 3rd, 2019? A Let me think back a little bit. I'd just got my certification and it's every two years so 20 -- would have been in ‘18, 9/9 of "18. Q Okay. And when do you get that certification and your eyes do get checked is there, like, a specific eye doctor that sees you or is there a doctor you go see to get that certification? A Yes. I go to a doctor in Hunters Creek. I 10 can give you his information actually ‘cause I've got 11 the stuff on me. 12 Q That would have great? 13 It is Dr. Steven Barrett. 14 How do you spell the last name? 15 It is B-A-R-R-E-T-T. 16 Uh-huh. 17 And I've got a phone number for him, 18 (407) 240-0129. 19 Q Okay. Do you happen to have his office 20 address? 21 A I do not. Yeah, it doesn't state any of 22 that here. 23 Q That's okay? 24 A They are off of Town Center Boulevard in 25 Hunters Creek. Q Thank you for that. A Sure. Q Have you ever had any eye surgeries or procedures performed on your eyes? A No, ma'am. Q Have you ever had any problems with light sensitivity? A No, ma'am. Q Any color blindness? 10 A No, ma'am. 11 Q Okay. How's your hearing? 12 A Great I think. 13 Q I mean it sounds like you're hearing me 14 well so I'm assuming? 15 A Yes, ma'am. 16 Q Okay. Have you ever been involved in any 17 car accidents other than the one we're here to talk 18 about today? 19 A If I was involved in a car accident, which 20 I cant think of anything current, it would have been 21 when I was in my late teens, possibly, like, between 22 maybe 18 and 20 years old. Nothing since then. 23 Q Okay. But you don't have any independent 24 recollection of any accidents correct? 25 A No I do not. No. Q Okay. And what type of vehicle were you driving at the time of crash? A It is a 2019 Ram 3500 worksman truck. Q Okay. Did that vehicle have a -- camera or some sort of regarding device? A No, ma'am. Q Okay. And are you familiar with the area where the crash occur from personal experience? A Yes. It is at a roundabout at Martin 10 Luther King, and I believe Thack -- I want to say 11 Thacker is where that area's at. I could be wrong, but 12 I know it in that area. I know it's before John Young 13 Parkway. 14 Q Okay. I have here that the crash happened 15 somewhere around Neptune Road. Does that sound 16 familiar? 17 A Yes. Actually what happens is is Neptune 18 Road when it comes up to OBT changes and it becomes 19 Martin Luther King. So it is -- you can say it's 20 Neptune Road. It would be Neptune Road and it -- it 21 basically comes up to John Young Parkway. So it was I 22 between Orange Blossom Trail and John Young Parkway on 23 either Neptune or MLK. 24 Q Okay. Understood. Thanks for clarifying? 25 A Yes, ma'am. Q And how often would you say you drove in that vicinity of the crash? A A lot actually. We had a shop there for about five to six years and so we basically traveled back and forth from Saint Cloud to Hunters Cheek, the surrounding area so that was an area that we traveled quite frequently. Q Okay. And were there any obstructions to your view or vision in the area of the crash? 10 A I'm sorry, you cut out. 11 Q That's okay. Was there any obstruction to 12 your view or vision in the area of crash? 13 A No, ma'am. 14 Q Okay. Describe the area where the crash 15 occurred? I know you said there was a roundabout. Can 16 you give me more details? 17 A That was really about it. We are just 18 oming up to a roundabout, every was yielding and that's 19 the area. So basically I was heading westbound towards 20 John Young Parkway coming up to the roundabout. 21 Q Okay. And how many lanes were there? 22 A There are technically two, but the left 23 lane actually goes you can go around the roundabout 24 where the right one you can actually exit off whether 25 you're heading either of the three or four direction. So I -- we were all in the left lane so we were going to go around to join back up to the other side of Neptune or MLK, whatever the street's listed as. Q Good, okay. And were there any nearby buildings in that roundabout on Neptune Road? A Yes. There's actually -- these are -- they're county buildings. Many years ago there was county employee there, but now the building's are they're, like, I don't know if they're abandoned, or if 10 they're rebuilding or whatever, but they were gray 11 buildings there that they used to use. I don't know if 12 it was -- something to do with the county. I really 13 couldn't tell you what it was? 14 Q Okay. And as far as you can remember what 15 time of day did the crash occur? 16 A It was in the afternoon. I will say 17 between the afternoon or evening, somewhere this that 18 area because we were coming up to the end of the day and 19 I was headed back to our shop. 20 Q Okay. I have the police report in front of 21 me. The police recorded 4:24 p.m. Does that sound 22 accurate to you? 23 A That sounds about right, yes, ma'am. 24 Q Okay. And what were the traffic conditions 25 like at the time of crash? A Normal. Kissimmee is a pretty congested area so it just seem like a just a regular day. Just, you know, cars here and there. Q And as far as you can remember how many vehicles were in front of you before the crash occurred? A Two. Q Okay. And can you describe them for me? A Directly in front of me was a Kia. I don't know what was in front of the Kia. I didn't really pay 10 much attention to the car just because I had no -- 11 nothing to do with that car. So we kind of -- I just 12 kind of -- just remember the Kia. 13 Q Do you know if there's any vehicles behind 14 you? 15 A No, ma'am. I looked out the rear view and 16 there was nobody near me for me to remember a vehicle of 17 any make approaching me. 18 Okay. Were there any vehicles to your 19 right? 20 To my right, no. 21 Q Okay. And what was the pace of traffic? 22 A Normally the like a 25 to 30 mile an hour 23 zone. So we were all basically traveling about that 24 speed, of course and we started to low down as we were 25 coming up to roundabout. Q Okay. What were the we conditions if you can remember at the time of the crash? A I don't remember anything, like, raining or anything like that. Seems like there were just normal conditions. No rain. Q Sunny? Clear? A Yeah. Sunny. Clear. Q Okay. And at the time of the crash what were the repairs if any within the 12 months before the 10 crash in the vehicle you were traveling in? 11 Q Not -- the vehicle was brand new. 12 Q Brand new. Okay. 13 A Yes. 14 Q So no you there were no repairs that had to 15 be done correct? 16 A No, ma'am. Yeah, the vehicle is 2019 and I 17 believe this was 2020 so yeah, the vehicle was 18 relatively new. 19 Q Okay. I have here that the date of the 20 crash was December 3rd,2019 does that sound accurate to 21 you? 22 A Yes. 23 Q Okay. Were there any repairs needed on 24 your vehicle after the crash? 25 A No, ma'am. No damage at all? Q Okay. Do you know if there were ever any repair estimates made for your vehicle or anything like that after the crash? A No, ma'am. I had the vehicle and it didn't need anything at all, other than your normal oil changes and tire rotation, that's about it. Q And what maintenance was performed 12 months before the crash, any at all? A If anything at all it would be fuel filter 10 about every ten thousand miles,