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Filing # 38201640 E-Filed 02/24/2016 11:05:56 AM
IN THE CIRCUIT COURT OF THE 11"
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 14-006672-CA 08
CARMEN MARIA ESTRADA,
Plaintiff,
vs.
BRANDON OF B, LLC, a Foreign
Limited Liability Company,
SAVITAR REALTY ADVISORS
a/k/a SAVITAR, INC., a Florida
Corporation, CYBUR 12000, LLC,
a Florida Limited Liability Company.
Defendants.
/
PLAINTIFF’S EMERGENCY MOTION TO COMPEL
COMES NOW the Plaintiff, CARMEN MARIA ESTRADA and hereby files this
Emergency Motion to Compel photographs and elevator records and as grounds would show
1. This case involves a trip and fall due to a misleveled elevator at Defendants’ building
Plaintiff, an employee of a building tenant was caused to trip and fall as she exited
elevator number 2 of the Defendants’ building on March 23, 2012.
2. Plaintiff has alleged that the building failed to adequately maintain the elevator and
elevator equipment and operate the building in a reasonably safe manner among other
claims.
we
Plaintiff submitted Requests for Production to the Defendants seeking various materials
including, but not limited to, photographs, movies, charts and other documentary
evidence of the scene involved in or pertaining to the subject accident, occurrence or
Jeffrey R. Davis, P.A.
10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603
jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceEstrada v. Brandon of B, LLC, et. al.
Page 2
issues involved in this cause. In response, the Defendants objected and filed a privilege
log listing two photographs taken by employee Jorge Cardoso after the incident was
reported on the date of the incident.
. Plaintiff also requested any and all documents, invoices, bills, work orders, service
orders, permits or other documents that reflect the repair, maintenance or upkeep of the
elevators of the property from 3/23/09 up and through 6/23/12. The Defendants,
“objected, as overly broad and not designed to lead to the discovery of admissible
evidence as to any other elevators besides the one alleged in the lawsuit to have
malfunctioned and as to any records subsequent to the incident on March 23, 2012;
without waiving the objection, see attached.” (The only elevator records attached were
those prepared by Miami-Dade County and Schindler Elevator Corporation).
Additionally, Plaintiff requested any and all letters, memorandum, emails and/or notices
which advised Defendants of issues with operations and/or complaints regarding the
elevators on the subject property from 3/23/09 up and through 6/23/12. Defendant again,
objected as being overly broad, unduly burdensome, harassing, irrelevant and not
designed to any other elevator besides the one alleged in this lawsuit to have
malfunctioned and as to any records subsequent to the incident on March 23, 2012.
“Without waiving the objection, none as described in our file. However, see elevator
inspection reports attached.” (Again the elevator inspection reports were just that of
Miami-Dade County and Schindler Elevator Corporation).
. First, the Defendants, by and through its property supervisor Joanna L. Golden
specifically testified that she had photographs taken by a maintenance employee of the
Jeffrey R. Davis, P.A.
10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603
jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceEstrada v. Brandon of B, LLC, et. al.
Page 3
10
inside of elevator on the day Plaintiff fell. She further indicated that she reviewed those
photographs back in 2012 or 2013 (See Deposition of Joanna L. Golden taken August 5,
2015, page 27-28; attached).
Defendants’ property supervisor, Joanna L. Golden testified that internal office
correspondence and email exists regarding the communications between the onsite
manager, Ellen Lopez and the Schindler elevator technician regarding the service
following Plaintiff's incident. These materials would be directly responsive to Plaintiff's
previously described Request for Production (number 16), which the Defendants
responded to by stating, “None as described in our file”. (See Deposition of Joanna L.
Golden taken August 5, 2015, page 24-25; attached)
Defendants’ property supervisor Joanna L. Golden further testified that operations
records for the elevator, work log and a tracking log that shows elevator issues and
problems exists. She specifically stated, “We maintain a log of every work order and
service request for the building”
Despite Plaintiff specifically requesting these materials (Request for Production number
15), and the Defendants stating that they have attached the same (the attachments were
limited to the Miami-Dade County and Schindler records), no such materials were ever
provided.
First, these materials are essential to the specific elements of Plaintiff's claim; namely,
improper maintenance, an unlevel condition of the elevator, and prior knowledge on the
part of the Defendants.
Jeffrey R. Davis, P.A.
10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603
jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceEstrada v. Brandon of B, LLC, et. al.
Page 4
11. These materials are independently held by the Defendants and do not exist in any other
forum or place and, as such are not obtainable nor discoverable by the Plaintiff through
any other means. Plaintiff is unable, without undue hardship, to obtain the substantial
equivalent of these materials by any other means.
12. Defendants’ experts have stated that the elevator was not unlevel outside of reasonable
parameters and that the elevator was at all times properly maintained.
13. There is additional information that is being withheld in this case from the Plaintiff and
her experts which is essential and directly goes to the core issues in this case. Defendants
should be compelled to produce these materials in advance of Plaintiff's expert
deposition so that the Plaintiffs expert can have an opportunity to review the same.
14. Failure on the part of the Defendants to provide these materials has violated the rules of
discovery insofar as they failed to disclose the existence of these materials when they
answered a Request for Production and constitutes unfair surprise and withholding of
evidence. This constitutes irreparable harm to the Plaintiff and should not be condoned
by this Court
WHEREFORE, for the good cause shown above, Plaintiff hereby moves this Honorable
Court for an emergency Order compelling the Defendants to immediately provide the
following materials, in advance of Plaintiffs expert’s deposition so that he has adequate time
to review the same and prepare for his deposition:
1. All internal emails or correspondence between the Defendants and Schindler
regarding elevator number 2 and the events surrounding Plaintiffs incident.
Jeffrey R. Davis, P.A.
10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603
jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceEstrada v. Brandon of B, LLC, et. al.
Page 5
2. Any and all photographs in Defendants’ possession taken on the date of Plaintiff's
incident
3. The complete materials described by Joanna L. Golden, including but not limited to, a
log of every work order and service request for the building (for elevator number 2), a
work log, tracking log and operations records for elevator number 2. (All described
on page 33 of deposition of Joanna L. Golden, attached)
Attached by Plaintiff is a copy of the transcript of Joanna L. Golden, Plaintiff's Request for
Production to Defendant, Brandon of B, LLC dated March 13, 2014 and Defendant’s response to
Plaintiff s Request for Production with attachments dated June 9, 2014 (relevant responses).
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-
Mail this February 24, 2016, to Brian S. Keif, Esq., LAW OFFICE OF HUGH BEHAN, Two
Datran Center, Suite 1903, 9130 S. Dadeland Boulevard, Miami, Florida 33156 at
usz.simia@zurichna.com
JEFFREY R. DAVIS, P.A.
Attorneys for Plaintiff
10800 Biscayne Blvd.
Suite 700
Miami, Florida 33161
Tel: 305/577-3777
Fax: 305/854-2603
jeff@jeffdavislaw.com — Personal
pleadings@jeffdavislaw.com - Service
By: /s/ Jeffrey R. Davis
Jeffrey R. Davis
Florida Bar No. 599956
Jeffrey R. Davis, P.A.
10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603
jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceJOANNA L. GOLDEN
August 05, 2015
ESTRADA vs. BRANDON OF B 1-4
Page 7 Page 3
1 THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT 1 INDEX
. IN AND FOR MIAMI-DADE COUNTY, FLORIDA wITness PAGE
GENERAL JURISDICTION DIVISION 2
3 3. JOANNA L. GOLDEN
4 CASE NO. 24-006672-CA 08 4 Direct Examination by Mr. Davis 4
5 CARMEN MARIA ESTRADA, 5s
6 Plaintifé, 6 EXHIBIT PAGE
+ vs 7 Bxhibit No. 1 22
BRANDON OF B, LLC, a Foreign Limited 8
8 Liability Company, SAVITAR REALTY 9
ADVISORS a/k/a SAVITAR, INC., a to
9 Florida Corporation, CYBUR 12000, LLC,
and SCHINDLER ELEVATOR CORPORATION, a at
10 Foreign Corporation, a2
an Defendants. b
12
13. ~ ~ ~ 14
12000 Biscayne Boulevard, 8th Floor 15
14 Miami, Florida te
Wednesday, 10:30 a.m. to 11:30 a.m.
15 August 5th, 2015 a7
1s ae
DEPOSITION OF JOANNA L. GOLDEN as
wv
18 Taken before Renee D. Waishwell, Notary 20
19 Public in and for the State of Plorida at Large, 21
20 pursuant to Notice of Taking Deposition in the above |,
21 cause “
22 23
23 24
24 25
25
Page Page 4
1 APPEARANCES: 1 Thereupon:
3 ATTORNEY FOR PLAINTIFF 2 JOANNA L. GOLDEN,
4 3 a witness, having been first duly sworn in
JEFFREY R. DAVIS, ESQUIRE 4 the above-entitled cause, testified under her oath as
5 Jeffrey R. Davis, P.A.
10800 Biscayne Boulevard 5 follows:
6 Suite 700 eta 6 DIRECT EXAMINATION
Mi , F 33161
poe Browse 7 BY MR. DAVIS:
e 8 Q. Good morning. Please, tell us your name.
4 RITORNEY FOR DEFENDANT, SRVITAR REALTY ADVISORS 9 A. Joanna L. Golden, G-o-ld-e-n.
10 BRIAN S. KEIF, ESQUIRE 10 Q. Ms. Golden, are you currently employed?
Law Office of Hugh Behan 1 A. Yes.
11 Two Datran Cent
Dadelang boulevard 12 Q. Where do you work, please?
12 Suite 1903 13 A. Savitar Realty Advisors. S as in Sam, a, V
b Miami, Florida 33156 14 as in Victor, i-t-a-r, Realty Advisors,
4 15 A-d-v-i-s-o-r-s.
ATTORNEY FOR DEFENDANT, SCHINDLER ELEVATOR corPoraTioN |16 Q. Is that also known as Savitar, Inc.?
15 .
16 DAMIAN M. FLETCHER, ESQUIRE 17 A. itis. . - .
Hinshaw & Culbertson, LLP 18 Q. And what is your position or role with
17 Oe ast Broward Boulevard 19 Savitar?
18 Fort Lauderdale, Florida 33301 20 A. I'mvice president and asset manager.
19 21 Q. And how long have you been so employed?
2 22 A. 27years.
22 23 Q. Can you tell me the business of Savitar,
a 24 Inc.?
25 A. Savitar, Inc. is a commercial real estate
EQESQUIRE
800.211.DEPO (3376)
EsquireSolutions.comJOANNA L. GOLDEN
ESTRADA vs. BRANDON OF B
August 05, 2015
5-8
Page 5 Page 7
1 property management company. We manage real estate | 1 A. Right.
2 assets in a number of states. 2 Q. And the date that I'm most interested in is
3 Q. Is one of the properties under Savitar's 3 March 23, 2012, the day that Carmen Estrada, my
4 management the one we're presently in located at 12000 | 4 client, fell at 12000. Fair enough?
5 Biscayne Boulevard? 5 A. Right.
6 A. Yes. 6 Q. Were you present and/or a witness to that
7 ~~ Q. And were you involved with Savitar as the 7 fall?
8 property manager of 12000 Biscayne Boulevard 8 A. | was not.
9 individually? 9 Q. Have you seen the videotape of it?
10 A. lamthe asset manager, yes. 10 A. I|have seen the videotape.
11 Q. Tell me what that means. 11 Q. Do you know why my client fell?
12 A. Asset manager means that | am responsible 12 A. No.
13. for all of the business in running a property, from 13 Q. Do you know what caused my client to fall?
14 directing the property managers to overseeing the 14 A. No.
15 maintenance staff, the budget, leasing, marketing. 15 Q. Without telling me anything that you've
16 Q. Gotit. Is it safe to say that you 16 learned from Counsel, and I'm specifically asking you,
17 personally have no maintenance responsibilities? 17 please, do not divulge anything that you've learned or
18 A. Correct. 18 communicated with Counsel about, do you have any
19 Q. Is it safe to say that you personally would 19 information as to whether or not the elevators or
20 not know the condition of the elevators at 12000 20 elevator was functioning properly that day?
21 Biscayne Boulevard on any given day? 21 A. | always assume that my elevators are
22 ~A. No. 22 functioning properly unless | receive a work order or
23 Q._ That would not be within the realm of your 23 somebody calls in that is reporting some issue with
24 duties? 24 the elevator. So my assumption is that they are
25 A. Rephrase the question, please. 25 always working properly.
Page 6 Page 8
1 Q. Would it be within the realm of your duties 1 Q. While | appreciate that answer, my question
2 to know the elevator maintenance status at 12000 2 may be poorly worded but a little different.
3 Biscayne Boulevard on any given day? 3 Do you know if there was something wrong
4 A. Itis. 4 with the elevator on March 23rd, 2012, at the 12000
5 Q._Itis within the realm of your duties. 5 building, that caused or contributed to cause Carmen
6 Okay. 6 Estrada's fall?
7 A. Yes. 7 MR. FLETCHER: Object to form and predicate.
8 Q. So tell me what sort of day-to-day 8 THE WITNESS: No.
9 involvement you have with the operation of the 9 BY MR. DAVIS:
10 elevators at 12000. 10 Q. Did you later learn subsequent to her fall
11 A. We create an annual budget for our 11 that there had, in fact, been a problem with that
12 properties. So I'm aware of and a part of the 12 elevator?
13. structuring of the contract for services for our 13 A. No.
14 elevators. And | am -- | receive copies of all work 14 Q. Do you know whether or not the elevator that
15 order requests, tenant complaints. 15 Carmen Estrada fell exiting stopped level with the
16 Q. Gotit. The company you work forhas more | 16 floor?
17 than one building; is it fair to say? 17. A. No.
18 A. We manage a variety of buildings, yes. 18 Q. Do you have any indication or information to
19 Q. | would like to limit all my questions today 19 suggest that there had been a situation where the
20 to 12000 Biscayne Boulevard so that | don't have to | 20 elevator machine room overheated that day?
21 keep saying 12000 Biscayne Boulevard every single | 21 A. Say that again.
22 time. Is that fair enough? 22 Q. Did you ever learn that there had been a
23 A. Yes. 23. situation where the elevator machine room, that is the
a Q. I'm not referring to any other building that 24 room where the elevator equipment is located,
you guys manage. Fair enough? 25 overheated on March 23rd, 2012?
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions.comJOANNA L. GOLDEN
August 05, 2015
ESTRADA vs. BRANDON OF B 9-12
Page 9 Page 17
1 MR. KEIF: Except for what you may have 1 set forth ceiling and a floor on best practices for
2 learned from me. 2 what they say the equipment should be operated, but |
3 THE WITNESS: | received an e-mail from my 3 don't know that it's mandated.
4 property manager reporting a statement made by the | 4 Q. Ceiling and the floor being temperature
5 elevator technician, which | immediately dismissed as | 5 ranges?
6 false. 6 A. Correct.
7 BY MR. DAVIS: 7 Q. Like not colder than and not hotter than?
8 Q. What was the statement? 8 A. Correct.
9 A. The statement was that it was his impression 9 Q. Off the top of your head, do you know what
10 that the elevator machine room was at some 10 those numbers are?
11. outrageously impossible temperature. 11 A. Offthe top of my head, | think it was 50
12 Q. North of 100? 12 something degrees and 90 degrees. But! don't really
13 A. | believe he said it was 106 degrees. 13 recall.
14 Q. You personally, have you ever been in that 14 Q. Okay. That's a guess?
15 room? 15 A. Yes.
16 A. Ihave. 16 Q. Fair enough. Do you know if the thermostat
17 Q. Okay. And it's your understanding that 17 in the elevator equipment room on the building -- on
18 there is a separate air conditioning unit that's 18 the roof of this building has a temperature at which
19 designed to cool that room? 19 the exhaust fans are triggered?
20 A. No. It's more of an overall building system 20 A. You know, | don't know what triggers the
21. that is run by two cooling towers. 21 exhaust fans. | don't know if it's tied to the
22 Q. Okay. So without pinning you down on the 22 thermostat or to the equipment itself. I'm not clear.
23 actual mechanics of it, is your understanding that the | 23 Q. Gotit. Do you know what the purpose of the
24 two large I'll call them chillers that provide coolant 24 exhaust fans are?
25 and air conditioning to the entire building is what 25 A. To exhaust out hot air.
Page 10 Page 1
1 also cools that elevator equipment room on the roof? 1 Q. Okay. As opposed to smoke or some other
2 A. Yes. In addition to some exhaust fans, 2 substance?
3 which take away heat. 3 A. Yes. | don't -- | don't know if they
4 Q. Okay. And without getting too technical, 4 function -- | don't know if they're tied into the
5 because | can't, it's my understanding that there's a 5 fire, life safety system.
6 thermostat in that room. Are you familiar with that? 6 Q. Gotit. Do you know if there is a separate
7 ~~ A_ I think there is a thermostat in that room. 7 thermostat for the exhaust fans versus the elevator
8 I'm not sure what it controls. 8 machine room air conditioning temperature?
9 Q. Do you know what the operating temperature 9 A. Well, the elevator machine room air
10 ofthat room is supposed to be? 10 conditioning temperature is governed by a physical
11 A. | don't know that there is a set operating 11 plant that's not located in the elevator machine room.
12 temperature for that room. 12 So itis the beneficiary of the cold air at the
13 Q. Do you know if the elevator contract that 13 temperatures that are set for our office building,
14 your building had with Schindler Elevator Corporation |14 which is, as you can tell, a range of 69 to
15. in effect in March of 2012, mandated an operating room |15 74 degrees.
16 temperature -- I'm sorry -- an elevator room 16 So | don't know if that -- if there is a
17 temperature? 17 temperature range that is also tied to the exhaust. |
18 A. No. 18 simply don't know that.
19 Q. No, you don't know if it did; or no, it did 19 Q. Allright. Do you know from having been in
20 not? 20 that room, which, | believe, you indicated you were,
21 A. No, it did not. 21 whether or not a separate air conditioning unit is
22 Q. Okay. Do you know if there is a temperature 22 located?
23 atwhich it is either improper or unsafe to operate 23 A. No. It's tied to the overall building
24 elevator equipment in this building? 24 system.
25 A. | know there are terms of a contract which 25 Q. Okay. Well, we are in a room now, in an
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions.comJOANNA L. GOLDEN
ESTRADA vs. BRANDON OF B
August 05, 2015
13-16
Page 13
1 office that has suspended ceilings. Fair enough?
2. =A. Yes.
3 Q. And you really can't see, other than the
4 fact that there's vents or drops here, what kind of
5 equipment is in the ceiling, true?
6 A. Right.
7 Q. Up there, there's no suspended ceiling for
8 decorative purposes, right? Everything is exposed?
9 A. Yes. Yes, itis.
10 Q. There is a large Trane, T-r-a-n-e, unit that
11 exists just outside of that room, on top of the
Page 15
Q. Who is that, please?
4
2 A. Continental heating and air.
3 Q. And do you know the principal's name or the
4 individual's name that you deal with?
5 A. We deal with the owner now named Joe.
6 Q. Okay. Was there also a guy at one point in
7 time named Doug Krieger?
8 A. Yes.
9 Q. Allright. Was he actually a hands-on guy,
10 or was he also a principal of some sort?
11 A. He was our main technician.
17
18
19
20
21
whether or not a delineation is made as to what the
air conditioning company is responsible to maintain?
A. Rephrase.
Q. Do you know if this building has an air
conditioning maintenance contract?
22. ~A. Yes.
23 Q. Do you know who the current air conditioning
24 maintenance company is?
25 =A. Yes.
12. stairs. Do you know what that machine is? 12 Q. Now, that would mean he would come here and
13 A. No. 13 service the units?
14 Q. Do you know if that machine is the air 14 A. He would come with somebody else -- two
15 conditioning unit for the machine room? 15. people.
16 A. Not that I'm aware. 16 Q. And in addition to there being a
17. _Q. The elevator equipment room has several 17 once-a-month service, he would also come as needed to
18 large boards of circuitry, for want of a better term. | 18 repair the units?
19 Do you know what | mean by that? 19 A. Hewould come as needed to respond to any
20 A. The elevator machine room has the 20 heating or cooling issue that we had in any location
21 controllers for the elevator. 21 throughout the property.
22 Q. Okay. And those are like circuit board type (22 Q. Plus, once a month for regular routine
23. things? 23 maintenance, true?
24 A. Right. 24 A. Correct.
25 Q. And then there's also some large, like, 25 Q. Do you know if there was a schedule in that
Page 14 Page 16
1 pulley like systems or motors? 1 contract of what equipment was under contract for
2 A. Hoists, yes. 2 maintenance?
3 Q. Hoists. Okay. Do you know if there is 3 A. Yes.
4 anything else located in that room? 4 Q. Do you know if it delineated any aspect of
5 A. Exhaust fans. 5. the air conditioning room — I'm sorry — the elevator
6 Q. Anything non-elevator related in your 6 room?
7 understanding? 7 A. Itwas overall part of the building
8 A. Not that | recall. 8 envelope, so he worked in every aspect of the air
9 Q. Is that room, to your understanding, 9 conditioning system. | don't know if it named -- |
10 basically dedicated to the elevator equipment? 10 don't think it names the garage as being separate or
11 A. | don't think there is anything else in that 11 the elevator machine room, but | don't recall.
12 elevator equipment room. 12. Q = Letme tell you what | have. And | have a
13 Q. Besides elevator equipment? 13 maintenance and services agreement. We can or don't
14 A. Right. 14 have to attach it. These gentlemen can tell me.
15 Q. Do you know, from your familiarity with the 15 It's dated November 9, 2011. And the reason
16 air conditioning services agreement for this building, | 16 | asked for that is because | wanted the one that was
17. in effect at the time of this incident, which was
18 March 23, 2012.
19 There is a schedule of equipment attached as
20 an exhibit. It says Exhibit A. And I'm going to go
21 through them really fast with you. And you tell me if
22 you know what these things are.
23 HVAC equipment list. And that says:
24 Equipment to be covered under service agreement. Two
25 -- that's the number two -- 250 ton carrier 23XL
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August 05, 2015
ESTRADA vs. BRANDON OF B 17-20
Page 17 Page 19
1 Helical, H-e-l-i-c-a-l, Rotary Chillers? 1 water handlers -- water air handlers is located in the
2 A. Right. 2. elevator equipment room?
3 Q. Those are the two big chillers? 3 A. It could be possible, but | don't know for
4 A Yes. 4 sure.
5 Q. And then, two 20hp Allis Chalmers, 5 Q. Okay. One rooftop forced fresh air fan. Do
6 C-h-a-l-m-e-r-s, coupling drive chill water pumps? 6 you know what that is?
7 A. Right. 7 A. Every building has a requirement for fresh
8 Q._ Those are the water pumps for those two 8 air. And it brings the air into the building to
9 chillers? 9 create the right balance of fresh air with air in the
10 A. Cooling towers, yes. 10 building.
11 MR. KEIF: Do you want to take a look at it? 11 Q. One rooftop bathroom exhaust fan?
12 MR. FLETCHER: Do you want to see it? 12 A. It works the opposite direction. It takes
13 THE WITNESS: | don't mind. Sure. 13. the air from the bathrooms up.
14 (Discussion off the record.) 14 Q. One chiller room exhaust fan?
15 THE WITNESS: Yes. Go ahead. 15 A. A fan that's in the mechanical room, in the
16 BY MR. DAVIS: 16 garage that pushes hot air out.
17 Q. Next is two 15hp Allis Chalmers coupling 17 Q. VAV box service calls?
18 drive condenser water pumps. Do you know what those | 18 A. VAV boxes are located in the ceiling
19 are? 19 throughout the entire building. There's probably --
20 ~~ A. Support of the cooling system. 20 probably 40 or 50 per floor. And they come out if you
21 Q. That's the main two towers that we talked 21 have a problem at any location and service those
22 about? 22 boxes.
23 A. Right. 23 Q. Is it fair to say that other than possibly
24 Q. Then I've got two Evapco, E-v-a-p-c-o, 24 having 1 of the 11 Trane chill water air handlers,
25 induced draft cooling towers. Those are the two 25 there is nothing specific in this schedule we just
Page 18 Page 20
1 cooling towers you're talking about? 1 reviewed that deals with the elevator equipment room?
2 A. The pieces of equipment are attached to one 2 A. This is an air conditioning equipment list.
3 another. 3. It's not comprehensive for the services that they
4 Q. One Devilbiss, D-e-v-i-l-b-i-s-s, duplex 4 provide.
5 pneumatic air compressor. Do you have any clue what | 5 Q._Isit your understanding that back in
6 that is? 6 March of 2012, Continental Air Conditioning, Inc. was
7 A. The building has VAV boxes in the ceiling. 7 responsible for maintaining the air conditioning unit
8 And they work -- it's a pneumatic system where the air | 8 in the -- or the air conditioning system in the
9 flows through it. It pushes the air through the 9 elevator equipment room?
10 system. 10 A. Yes.
11 Q. Okay. Next is one Powerex air compressor? 1 Q. Do you know if Continental Air Conditioning
12 A. Same function. 12 created records of their regular preventative
13 Q. Next is one pneumatic air drier system? 13 maintenance calls?
14 A. Same function. 14. A. Yes.
15 Q. Next is 11 Trane chill water air handlers. 15 Q. Do you get a copy of that?
16 What are those? 16 A. Yes.
17 A. On every floor, there's an air handler room. 17 Q._ Is that something — a record that is
18 The air handler controls the cool air pushing the cool | 18 maintained in your office?
19 air through the floor. 19 A. Arecord is maintained in the property
20 Q. How many floors are there in this building? 20 management office. An electronic record is kept, and
21 A. Eight. 21 acopy is attached to the paid invoice.
22 Q._ Do you know why there is 11? 22 Q. Gotit. But you don't have to pay for that
23 A. There's two -- | don’t know why there's 11. 23 each time, true? That's part of the overall contract
24 I'm not sure. 24 for the month?
25 Q. Do you know if one of those 11 Trane chill 25 A. Preventative maintenance is part of the
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August 05, 2015
ESTRADA vs. BRANDON OF B 21-24
Page 21 Page 23
1 overall contract for the month, correct. 1 the elevator technician's report?
2 Q. Okay. In other words, there's no separate 2 Q. Yes.
3. bill for that? 3 A. I don't know.
4 A. Yes. We get a separate record anda 4 Q._ If they did, and it was a separate service
5 separate bill to evidence the work that was done 5. call for a supposed air conditioning malfunction,
6 pursuant to the contract. 6 would a ticket have been generated for that?
7 Q. Gotit. Okay. Now, I've gone through the 7 A. Yes.
8 records that | was provided by Continental Air 8 Q. Soin other words, Continental would give
9 Conditioning. And | will represent to you that the 9 you their once-a-month as part of the contract, but
10 only time | saw anywhere in these records of the 10 anything else, any special calls were separate?
11 elevator room air handler was on 10-27-11. And | will | 11 A. Every time they come to the property, they
12 hand it to you after | show Mr. Keif. 12 generate a work ticket.
13 MR. KEIF: It says draft on it. 13 Q. So regardless of whether it was included or
14 MR. DAVIS: | know. They all do. 14 not included?
15 MR. KEIF: They do? 15 A. Right.
16 MR. DAVIS: Yes. The whole pile does. It's 16 Q. Allright. To your knowledge, have you ever
17 an air conditioning company, that's why it says draft. |17 seen a work ticket for a March 23rd or 24th or 25th,
18 MR. KEIF: Oh, you're so funny. 18 2012, visit pertaining only to the air conditioning
19 MR. FLETCHER: Are those the one you got by | 19 located in the elevator equipment room?
20 subpoena? 20 A. | don't recall that.
21 MR. DAVIS: Yes. 21 Q. Earlier in your testimony, you said that you
22 THE WITNESS: What's the question? 22. believed that the statement made by the elevator
23 BY MR. DAVIS: 23 technician was false regarding how hot it was in the
24 Q. The question -- well, first, have you had a 24 mechanical room. How come you said that?
25 chance to look at that? 25 A. | believe at the time | read from my
Page 2 Page 24
1 A. Uh-huh. 1 property manager that the technician was not carrying
2 MR. KEIF: You have to answer yes or no. 2 any special equipment in order to determine
3 THE WITNESS: Yes, | have. 3 temperature; so | dismissed his claim because he was
4 BY MR. DAVIS: 4 not providing any factual detail on how he arrived at
5 Q. Is that, to your understanding, a record 5 that temperature.
6 that would -- or a ticket that would indicate that 6 Q. Okay. Put it another way. Because your
7 some service was performed in the elevator equipment | 7 building manager did not see a thermometer on the
8 room air conditioning? 8 person of the air conditioning -- I'm sorry -- on the
9 A. It would evidence a service that was 9 person of the elevator equipment guy, he assumed that
10 performed in a specific location, particularly when 10 he was making up the number?
11. there's parts that are required. 1 A. No. My property manager called the air
12 Q. Okay. 12 condition -- called the elevator company and inquired
13 MR. KEIF: Are you going to mark that as an 13 whether or not the technician was carrying any special
14 Exhibit? 14 tool in order to determine temperature. And she was
15 MR. DAVIS: Can we? 15 informed that no, in fact, the technician did not
16 THE WITNESS: Sure. 16 carry any such tool and that there was no way to
17 (Discussion off the record.) 17 determine how he had come up with that guesstimate on
18 MR. DAVIS: We will sticker it as Exhibit 1. 18 temperature.
19 BY MR. DAVIS: 19 Q. Gotit And who was the female property
20 Q. Do you know if following the March 23, 2012, 20 manager that you mentioned?
21 incident, where the elevator technician basically said | 21 A. Ellen Lopez.
22 that the air conditioning had failed in the elevator 22 Q. And do you know who she spoke with at the
23 equipment room, Continental Air Conditioning was 23 elevator company?
24 notified? 24 A. |donotremember the name. But I'm sure |
25 A. Do | know if Continental came out because of | 25 was provided a copy of that information.
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions.comJOANNA L. GOLDEN
August 05, 2015
ESTRADA vs. BRANDON OF B 25-28
Page 25 Page 27
1 Q. What sort of record was made of this 1 A. Atthe time, one of them took pictures. And
2 exchange? 2 | don't believe that there was any statement one way
3 A. Internal office correspondence and e-mail. 3 or the other whether it was level or unlevel.
4 Q. Sosomewhere along the line your company 4 Q. Pictures meaning photographs?
5 called up the elevator company and said: Hey, wehave| 5 =A. Right.
6 aproblem with an elevator at the 12000 building. 6 Q. Do you know what happened to those
7 Is that fair statement just to kind of set 7 photographs?
8 the stage here for this conversation? 8 A. They were a part of our file. They became
9 A. When the issue was reported, the elevator 9 part of our incident report.
10 was placed out of service, and the technician was. 10 Q. Do you still have those photographs?
11 called, yes. 11 A. Yes.
12 Q. Then the technician came and did his thing. 12 Q. Were the photographs taken of the elevator
13 Do you know if service was restored? 13. from the outside looking in? Meaning from the lobby
14 A. My recollection was service was restored. 14 into the car.
15 Q. Do you know what, if anything, the elevator 15 A. No. | think it was from the inside looking
16 tech did to restore service or to make it operational 16 out or right above it.
17 so that you guys could restore service? 17 Q. Did you review those before today's depo?
18 A. No. Wedon't ever restore service. The 18 A. | saw them back in 2012, maybe 2013.
19 service is always restored by the elevator technician. 19 Q. Doyou know if they showed the floor of the
20 They're the ones who are authorized to put an elevator | 20 car being unlevel with the floor of the lobby?
21 back in service. 21 A. | think it was really -- not very possible
22 Q. Got it. You guys are authorized to take it 22. to tell really.
23 out of service? 23 Q. Because of the quality of the photos or the
24 A. That's our internal protocol, that we must 24 angle of the photos or...
25 take it out of service, yes. 25 A. Because there is a sill of the elevator, and
Page 26 Page 28
1 Q_ Right. So to your knowledge, the elevator 1 then the edge of the elevator is just not really
2 tech put the elevator that Carmen Estrada had a 2 obvious. There is no ruler to really give you
3 problem with back in service? 3 perspective.
4 A. Right. 4 Q. Got it. So the photographs are just not
5 Q._ Did you ever learn what he did in order to 5 dispositive of that issue?
6 make it serviceable again? 6 A. | don't think they provided me any
7 A. I think | read the job ticket. And | think 7 meaningful conclusion, no.
8 what they call it is adjustment made, but! don'tknow | 8 Q. Did you speak to either gentleman from
9 anything beyond that. 9 maintenance?
10 Q. Do you know, from reviewing anything in 10 A. When?
11 preparation for today's deposition, whether, in fact, 11 Q. You know, regarding this elevator issue.
12. the elevator was unlevel when the door opened? 12 A. | spoke to them a few months ago in
13 A. Oh. | don't think there is any way anybody 13 preparation for the deposition, yes.
14 could know that, no. 14. Q. Okay. And did either of them indicate that
15 Q. Can you see that from the video, to your 15 they saw the elevator unlevel?
16 recollection? 16 A. Ididn't ask.
17 A. | don't think the angle shows the cell of 17 Q. Is that an issue, in your mind, whether or
18 the elevator in any way that you could really tell. 18 not the elevator was unlevel?
19 Q. Okay. So nothing to prove or disprove it 19 A. In what way?
20 from a visual review of the video? 20 MR. KEIF: Object to the form.
21. A No. 21 BY MR. DAVIS:
22 Q. Did the folks that work in your building, 22 Q. Is it an issue as to what caused this lady
23 either the maintenance supervisor or the maintenance | 23 to fall?
24 employee that both testified in this case, tell you 24 ~~ A. What's my opinion?
25 whether or not the elevator was unlevel? 25 Q. Sure.
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions.comJOANNA L. GOLDEN
August 05, 2015
ESTRADA vs. BRANDON OF B 29-32
Page 29 Page 37
1 A. No, | don't have an opinion. 1 ago.
2 Q. Okay. So do you know why she fell? 2 = Q Okay. Did you speak to anybody else from
3 A. No, | do not. 3. the building, either tenants or folks that work here,
4 Q. You saw the video of her clearly falling, 4 regarding the Carmen Estrada fall?
5 though, correct? 5 A. No.
6 A. | saw the video. 6 Q. Do you have any information from any source
7 Q._ Is there any suggestion, in your mind, that 7 as to why Carmen Estrada fell?
8 she did not fall? 8 A. No.
9 A. | saw her coming out of the elevator. 9 Q_ Do you have any information from any source
10 Q. She did not come out upright, though, did 10 as to there being a problem with the elevator that
11 she? 11 Carmen Estrada fell out of?
12 A. She came out moving forward, correct. 12 MR. KEIF: Before this incident?
13 Q. And she did fall to the floor, correct? 13 MR. DAVIS: Yes.
14 A. She ended up on the floor. 14 THE WITNESS: Can you rephrase that?
15 Q. Do you think from your personal review of 15 BY MR. DAVIS:
16 that, that she did it herself? 16 Q. Sure. Have you learned from any source that
17 A. Oh. We all do everything ourself. | don't 17 there was a problem with the elevator that Carmen
18 know why she did it or what caused her to do it or if 18 Estrada fell out of before she fell?
19 anything caused her to do it. 19 A. Every year | review all maintenance records
20 Q. Okay. So as we sit here today, you do not 20 for every elevator. And | do not recollect there
21 know if there was something physically wrong with the | 21 being anything special or particular about the
22 elevator or if she just tripped? 22 operation of that elevator.
23 A. Right. 23 Q. Okay. If, in fact, the elevator did
24 Q. Allright. And none of the conversations 24 mislevel on the day of Carmen Estrada's fall on
25 you had with the employees of your building indicated | 25 March 23, 2012, do you, as we sit here today, know why
Page 30 Page 3:
1 that there was any defect in the elevator that day? 1 that happened?
2 A No. 2 A. Elevators mislevel.
3 Q. Did you have any conversation with the 3 Q. Okay. Do you know why, though?
4 elevator repairman yourself? 4 A. They're a piece of electrical, mechanical,
5 A. No. 5 computerized equipment.
6 Q. Did you have any conversation with anybody 6 Q. Do you have any information to suggest that,
7 from the air conditioning company yourself? 7 in fact, the elevator that Carmen Estrada fell out of
8 A. On what day and in connection with what? 8 on March 23rd, 2012, did, in fact, mislevel on that
9 Q. Regarding this matter. You know, the claim 9 day?
10 was made that the elevator room was very, very hot. | 10 A. | don't have any such information.
11 And you know, what's your response to that? 11 Q. Do you know of the adjustment that was made
12 A. Not atthe time. | don't - maybe months 12. by the technician?
13 later, a year later, but | don't really recall. 13 A. | don't know what they do when they make an
14 Q. Do you remember who you spoke to? 14 adjustment, no.
15 A. Doug. 15 Q. Do you know if the adjustment that was made
16 Q. And what did he say? 16 by the technician following the complaint on
17 A. The elevator equipment or the elevator 17 March 23rd, 2012, about your elevator involved the
18 machine room was part of the equipment that he 18 leveling function?
19 maintained and he wouldn't imagine that it would have | 19 A. | don't know what they did to the elevator.
20 been that hot. 20 Q. Did you ever speak to the technician?
21 Q. Did he tell you anything about the 21 A. No, | did not.
22. triggering mechanism for the fans or triggering 22 Q. Did anybody from your building ever speak to
23 mechanism for any alarms or anything like that? 23 the technician other than the report that you gave
24 A. | think we talked about the louvers, but | 24 earlier about the temperature?
25 don't remember. | don't remember. It was a long time | 25 A. | believe that my engineer spoke to the
ESQUIRE
800.211.DEPO (3376)
EsquireSolutions.comJOANNA L. GOLDEN
August 05, 2015
ESTRADA vs. BRANDON OF B 33-36
Page 33 Page 35
1 technician at the time. 1 Q. Tell me about that, please.
2 Q. What was that -- the substance of that 2 A. [had heard through my engineer of behavior
3 conversation, if you know? 3 issues, conduct issues.
4 A. | don't know. 4 Q. I'msorry?
5 Q. Other than there being an incident report 5 A. Conduct issues. Unbecoming conduct issues.
6 and some photographs that were taken, do you know of | 6 Q. Before her fall?
7 any other materials that you have -- and the video, do 7 A. After.
8 you know of any other materials that you have 8 Q. Can you elaborate?
9 regarding this incident? 9 A. No.
10 A. Operations records for the elevator, a work 10 Q. How come?
11. log, a tracking log that shows elevator issues, 11 A. | remember vaguely describing certain
12. problems. 12 aspects of her personality that | don't think it
13. Q. Those would be the Schindler records? 13. really relevant.
14 A. The Schindler records are the technician 14 Q. How about before the accident, did you guys
15 records. But we maintain a log of every work order 15 know of Carmen Estrada?
16 and service request for the building. 16 A. | met many times in Fuller & Fuller's
17 Q. Had there been any maintenance logs, 17 office, but | don't know that | could have picked her
18 requests, or complaints about the elevator Carmen 18 out. | don't remember who she is, to be honest with
19 Estrada fell out of within the several months before 19 you.
20 she fell out of it? 20 Q. Do you know if she had some kind of ax to
21 A. | don't remember. | mean, you have to 21 grind with the building before she fell?
22 consult the log because we keep track of them by 22 A. Oh, | have no idea.
23 elevator cab number. 23 Q. Is there any suggestion, at least in your
24 Q. Okay. Do you know what the cab is, the 24 mind, that she somehow staged this?
25 number? Is it No. 2? 25 A. | don't have any opinion on that.
Page 34 Page 36
1 A. | think it's No. 2, yes. 1 MR. DAVIS: Thank you. Okay. That's all |
2 Q. Soifl ask your office through Counsel for 2 have. Thank you very much.
3. the records regarding this Elevator No. 2 for the 3 MR. KEIF: You're up.
4 period from January 1st, 2012, through March 23rd, | 4 MR. FLETCHER: No questions.
5 2012, that would be a record that you guys would still | 5 MR. KEIF: We'll waive.
6 have? 6 MR. DAVIS: We'll order.
7 A. | believe you did ask for that, and, | 7 (Thereupon, the Deposition concluded at
8 believe, we did produce them. 8 11:30 a.m.)
9 Q. Andit's your understanding that those are 9
10 separate and apart from the Schindler records? 10
1 A. We keep track of every request for service 11
12. in the building. 12
13 Q. Got it. Okay. Do you know if that man Doug | 13
14 still works for Continental? 14
15 A. | believe he has separated or ended his 15
16 relationship with Continental. 16
17 Q. Okay. Had you personally known of any 17
18 problems relating to Carmen Estrada that either 18
19 involved complaints of other tenants, complaints of | 19
20 any of your employees, any incidents that occurred, | 20
21 any problems in general? 21
22 A. Before or after the incident? 22
23 Q. Okay. Fair enough. Before or after the 23
24 incident. 24
25 A. Yes. 25
QESQUIRE
800.211.DEPO (3376)
EsquireSolutions.comJOANNA L. GOLDEN
ESTRADA vs. BRANDON OF B
August 05, 2015
37-38
Page 37
CERTIFICATE OF OATH
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
3
4 I, the undersigned authority, certify that
5 JOANNA L. GOLDEN personally appeared before me and vas
6 duly sworn
7 WITNESS my hand and official seal this
8 18th day of August, 2015
9
to Baw P sinleish well
n RENEE D. WATSHVEL
NOTARY PUBLIC, STATE OF FLORIDA
2 COMMESSTON NO: FF 104122
EXPIRATION: APRIL 08, 2018
B
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18
19
20
21
22
23
24
25
Page 38
CERTIFICATE OF REPORTER
2
STATE OF FLORIDA )
3 COUNTY OF MIAMI-DADE)
4
5 I, RENEE D. WAISHWELL, a Court Reporter and
6 a Notary Public, duly commissioned and qualified in
7 and for the State of Florida at Large, do hereby
8 certify that I was authorized to and did
9 stenographically report the foregoing Deposition under
10 oath; and that the transcript is a true record of the
11 testimony given by the witness
2 1 FURTHER CERTIFY that I am not a relative,
13. employee, attorney, or counsel of any of the parties,
14 nor am I a relative or employee of any of the parties
4s attorneys of counsel connected with the action, nor am
16 I financially interested in the action.
vw Dated this 1sth day of August, 2018
1
19 .
20 t Pp stulaiah wot
2a —
RENEE D. WATSHVELZ,
22 NOTARY PUBLIC, STATE OF FLORIDA
COMMISSION NO: FF 104122
23 EXPIRATION: APRIL 08, 2018
24
25
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800.211.DEPO (3376)
EsquireSolutions.comFiling # 11314236 Electronically Filed 03/13/2014 03:40:13 PM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
CARMEN MARIA ESTRADA,
Plaintiff,
vs.
BRANDON OF B, LLC, a Foreign
Limited Liability Company,
SAVITAR REALTY ADVISORS
a/k/a SAVITAR, INC., a Florida
Corporation, CYBUR 12000, LLC,
a Florida Limited Liability Company,
and SCHINDLER ELEVATOR
CORPORATION, a Foreign Corporation.
Defendants.
|
REQUEST FOR PRODUCTION TO DEFENDANT,
BRANDON OF B, LLC
COMES NOW the Plaintiff, by and through undersigned counsel, and pursuant
to the applicable Rules of Civil Procedure, requests the Defendant, BRANDON OF B,
LLC, to produce the following for inspection and/or copying within the time prescribed
by said Rule at the below-named offices:
1. Incident reports and/or accident reports which were prepared by the
Defendant and/or any other person, firm or entity in the regular course of
business related to the incident that is the subject of the complaint.
2. Any and all statements of the Plaintiff revealing knowledge of facts relevant
Jeffrey R. Davis, P.A.
10800 Biscayne Bivd., #700, Miami, Florida 33161 © Tele 305.577.3777 ° Fax 305-854-2603Estrada v. Brandon of B, LLC, et. al.
Page 2
and material to the claims and defenses in the instant litigation.
3. Any and all photographs, movies, charts and other documentary evidence of
the scene involved in or pertaining to the subject accident, occurrence or
issues involved in this cause.
4, Any and all photographs, movies, charts and other documentary evidence of
the parties involved in or pertaining to the subject accident, occurrence or
issues involved in this cause.
5. Any and all insurance policies providing benefits or coverage to the Defendant
for any claimed injury or damage from the subject accident or occurrence.
6. Any and all photographs and/or movies of the Plaintiff resulting from
surveillance and/or investigation of the Plaintiff.
7. Any and all contracts between this Defendant and any other person, firm,
corporation or entity for elevator maintenance, elevator repair, elevator
inspection and/or elevator upkeep involving the property located 12000
Biscayne Boulevard, Miami, Florida 33181, in effect on or about the date of
Plaintiff's subject accident.
8. Any and all indemnification agreements between this Defendant and any
other person, firm or entity which pertain to may pertain to the Plaintiff's
subject claims or allegations.
9. Any and all agreements, contracts, and/or covenants pertaining to the
elevator maintenance for the subject property in effect on the date of the
Jeffrey R. Davis, P.A.
10800 Biscayne Bivd., #700, Miami, Florida 33161 © Tele 305.577.3777 ° Fax 305-854-2603Estrada v. Brandon of B, LLC, et. al.
Page 3
10.
11.
12.
13.
14.
15.
16.
Plaintiff's accident.
Any and all manuals or written policies used by the employees of the
defendant regarding inspection, maintenance and/or repair of the elevators
on the subject property in effect on the date of the Plaintiff's accident.
Any and all manuals or written policies used by the employees of the
defendant regarding reporting problems, malfunctions or difficulties with the
elevators on the subject property in effect on the date of the Plaintiff's
accident.
Any and all schedules or calendars that reflect the names of any employees
of the Defendant that were working at the subject property for the one year
period up to and including the subject date of accident.
Any photographic, video footage, image recordings, films, pictures or other
recordings of Plaintiff’s fall captured by security cameras.
Copies of any/all insurance policies and declarations of coverage for any/all
insurance that can or may cover this defendant for claims made by Plaintiffs.
Any and all documents, invoices, bills, work orders, service orders, permits or
other documents that reflect the repair, maintenance and/or upkeep of the
elevators of the property from 03/23/2009 up and through 06/23/2012.
Any and all letters, memorandums, emails and/or notices which advise
Defendant of issues with the operation and/or complaints regarding the
elevators on the subject property from 03/23/2009 up and through
Jeffrey R. Davis, P.A.
10800 Biscayne Bivd., #700, Miami, Florida 33161 © Tele 305.577.3777 ° Fax 305-854-2603Estrada v. Brandon of B, LLC, et. al.
Page 4
17.
18.
19.
20.
21.
22.
23.
06/23/2012.
Any and all applications for license renewal periods of certificates of operation
for any and all elevators located on the subject property from 03/23/2009 up
and through 06/23/2012.
Any and all applications for permits to any governmental agency regarding
any work related to the elevators on the subject property from 03/23/2009
up and through 06/23/2012.
Any and all copies of all satisfactory inspections as defined by Chapter 399 of
the Florida Statutes completed between 03/23/2009 up and through
06/23/2012.
A copy of any and all notarized statement(s) to the presence of a current
service maintenance contract as defined by Chapter 399 of the Florida
Statutes completed between 03/23/2009 up and through 06/23/2012.
Any and all service maintenance contracts in effect regarding the subject
property between 03/23/2009 up and through 06/23/2012.
Any and all contracts and agreements between the Defendant with any and
all individual(s) holding a certificate of competency pursuant to Florida
Statutes §§ 399.01(14) and (16) in effect at the time of the subject incident.
Any and all contracts and agreements bet
Preview
Filing # 38201640 E-Filed 02/24/2016 11:05:56 AM IN THE CIRCUIT COURT OF THE 11" JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 14-006672-CA 08 CARMEN MARIA ESTRADA, Plaintiff, vs. BRANDON OF B, LLC, a Foreign Limited Liability Company, SAVITAR REALTY ADVISORS a/k/a SAVITAR, INC., a Florida Corporation, CYBUR 12000, LLC, a Florida Limited Liability Company. Defendants. / PLAINTIFF’S EMERGENCY MOTION TO COMPEL COMES NOW the Plaintiff, CARMEN MARIA ESTRADA and hereby files this Emergency Motion to Compel photographs and elevator records and as grounds would show 1. This case involves a trip and fall due to a misleveled elevator at Defendants’ building Plaintiff, an employee of a building tenant was caused to trip and fall as she exited elevator number 2 of the Defendants’ building on March 23, 2012. 2. Plaintiff has alleged that the building failed to adequately maintain the elevator and elevator equipment and operate the building in a reasonably safe manner among other claims. we Plaintiff submitted Requests for Production to the Defendants seeking various materials including, but not limited to, photographs, movies, charts and other documentary evidence of the scene involved in or pertaining to the subject accident, occurrence or Jeffrey R. Davis, P.A. 10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603 jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceEstrada v. Brandon of B, LLC, et. al. Page 2 issues involved in this cause. In response, the Defendants objected and filed a privilege log listing two photographs taken by employee Jorge Cardoso after the incident was reported on the date of the incident. . Plaintiff also requested any and all documents, invoices, bills, work orders, service orders, permits or other documents that reflect the repair, maintenance or upkeep of the elevators of the property from 3/23/09 up and through 6/23/12. The Defendants, “objected, as overly broad and not designed to lead to the discovery of admissible evidence as to any other elevators besides the one alleged in the lawsuit to have malfunctioned and as to any records subsequent to the incident on March 23, 2012; without waiving the objection, see attached.” (The only elevator records attached were those prepared by Miami-Dade County and Schindler Elevator Corporation). Additionally, Plaintiff requested any and all letters, memorandum, emails and/or notices which advised Defendants of issues with operations and/or complaints regarding the elevators on the subject property from 3/23/09 up and through 6/23/12. Defendant again, objected as being overly broad, unduly burdensome, harassing, irrelevant and not designed to any other elevator besides the one alleged in this lawsuit to have malfunctioned and as to any records subsequent to the incident on March 23, 2012. “Without waiving the objection, none as described in our file. However, see elevator inspection reports attached.” (Again the elevator inspection reports were just that of Miami-Dade County and Schindler Elevator Corporation). . First, the Defendants, by and through its property supervisor Joanna L. Golden specifically testified that she had photographs taken by a maintenance employee of the Jeffrey R. Davis, P.A. 10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603 jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceEstrada v. Brandon of B, LLC, et. al. Page 3 10 inside of elevator on the day Plaintiff fell. She further indicated that she reviewed those photographs back in 2012 or 2013 (See Deposition of Joanna L. Golden taken August 5, 2015, page 27-28; attached). Defendants’ property supervisor, Joanna L. Golden testified that internal office correspondence and email exists regarding the communications between the onsite manager, Ellen Lopez and the Schindler elevator technician regarding the service following Plaintiff's incident. These materials would be directly responsive to Plaintiff's previously described Request for Production (number 16), which the Defendants responded to by stating, “None as described in our file”. (See Deposition of Joanna L. Golden taken August 5, 2015, page 24-25; attached) Defendants’ property supervisor Joanna L. Golden further testified that operations records for the elevator, work log and a tracking log that shows elevator issues and problems exists. She specifically stated, “We maintain a log of every work order and service request for the building” Despite Plaintiff specifically requesting these materials (Request for Production number 15), and the Defendants stating that they have attached the same (the attachments were limited to the Miami-Dade County and Schindler records), no such materials were ever provided. First, these materials are essential to the specific elements of Plaintiff's claim; namely, improper maintenance, an unlevel condition of the elevator, and prior knowledge on the part of the Defendants. Jeffrey R. Davis, P.A. 10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603 jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceEstrada v. Brandon of B, LLC, et. al. Page 4 11. These materials are independently held by the Defendants and do not exist in any other forum or place and, as such are not obtainable nor discoverable by the Plaintiff through any other means. Plaintiff is unable, without undue hardship, to obtain the substantial equivalent of these materials by any other means. 12. Defendants’ experts have stated that the elevator was not unlevel outside of reasonable parameters and that the elevator was at all times properly maintained. 13. There is additional information that is being withheld in this case from the Plaintiff and her experts which is essential and directly goes to the core issues in this case. Defendants should be compelled to produce these materials in advance of Plaintiff's expert deposition so that the Plaintiffs expert can have an opportunity to review the same. 14. Failure on the part of the Defendants to provide these materials has violated the rules of discovery insofar as they failed to disclose the existence of these materials when they answered a Request for Production and constitutes unfair surprise and withholding of evidence. This constitutes irreparable harm to the Plaintiff and should not be condoned by this Court WHEREFORE, for the good cause shown above, Plaintiff hereby moves this Honorable Court for an emergency Order compelling the Defendants to immediately provide the following materials, in advance of Plaintiffs expert’s deposition so that he has adequate time to review the same and prepare for his deposition: 1. All internal emails or correspondence between the Defendants and Schindler regarding elevator number 2 and the events surrounding Plaintiffs incident. Jeffrey R. Davis, P.A. 10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603 jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceEstrada v. Brandon of B, LLC, et. al. Page 5 2. Any and all photographs in Defendants’ possession taken on the date of Plaintiff's incident 3. The complete materials described by Joanna L. Golden, including but not limited to, a log of every work order and service request for the building (for elevator number 2), a work log, tracking log and operations records for elevator number 2. (All described on page 33 of deposition of Joanna L. Golden, attached) Attached by Plaintiff is a copy of the transcript of Joanna L. Golden, Plaintiff's Request for Production to Defendant, Brandon of B, LLC dated March 13, 2014 and Defendant’s response to Plaintiff s Request for Production with attachments dated June 9, 2014 (relevant responses). CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E- Mail this February 24, 2016, to Brian S. Keif, Esq., LAW OFFICE OF HUGH BEHAN, Two Datran Center, Suite 1903, 9130 S. Dadeland Boulevard, Miami, Florida 33156 at usz.simia@zurichna.com JEFFREY R. DAVIS, P.A. Attorneys for Plaintiff 10800 Biscayne Blvd. Suite 700 Miami, Florida 33161 Tel: 305/577-3777 Fax: 305/854-2603 jeff@jeffdavislaw.com — Personal pleadings@jeffdavislaw.com - Service By: /s/ Jeffrey R. Davis Jeffrey R. Davis Florida Bar No. 599956 Jeffrey R. Davis, P.A. 10800 Biscayne Blvd., #700, Miami, Florida 33161 ° Tele 305.577.3777 ° Fax 305-854-2603 jeff@jeffdavislaw.com — Personal - pleadings@jeffdavislaw.com — ServiceJOANNA L. GOLDEN August 05, 2015 ESTRADA vs. BRANDON OF B 1-4 Page 7 Page 3 1 THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT 1 INDEX . IN AND FOR MIAMI-DADE COUNTY, FLORIDA wITness PAGE GENERAL JURISDICTION DIVISION 2 3 3. JOANNA L. GOLDEN 4 CASE NO. 24-006672-CA 08 4 Direct Examination by Mr. Davis 4 5 CARMEN MARIA ESTRADA, 5s 6 Plaintifé, 6 EXHIBIT PAGE + vs 7 Bxhibit No. 1 22 BRANDON OF B, LLC, a Foreign Limited 8 8 Liability Company, SAVITAR REALTY 9 ADVISORS a/k/a SAVITAR, INC., a to 9 Florida Corporation, CYBUR 12000, LLC, and SCHINDLER ELEVATOR CORPORATION, a at 10 Foreign Corporation, a2 an Defendants. b 12 13. ~ ~ ~ 14 12000 Biscayne Boulevard, 8th Floor 15 14 Miami, Florida te Wednesday, 10:30 a.m. to 11:30 a.m. 15 August 5th, 2015 a7 1s ae DEPOSITION OF JOANNA L. GOLDEN as wv 18 Taken before Renee D. Waishwell, Notary 20 19 Public in and for the State of Plorida at Large, 21 20 pursuant to Notice of Taking Deposition in the above |, 21 cause “ 22 23 23 24 24 25 25 Page Page 4 1 APPEARANCES: 1 Thereupon: 3 ATTORNEY FOR PLAINTIFF 2 JOANNA L. GOLDEN, 4 3 a witness, having been first duly sworn in JEFFREY R. DAVIS, ESQUIRE 4 the above-entitled cause, testified under her oath as 5 Jeffrey R. Davis, P.A. 10800 Biscayne Boulevard 5 follows: 6 Suite 700 eta 6 DIRECT EXAMINATION Mi , F 33161 poe Browse 7 BY MR. DAVIS: e 8 Q. Good morning. Please, tell us your name. 4 RITORNEY FOR DEFENDANT, SRVITAR REALTY ADVISORS 9 A. Joanna L. Golden, G-o-ld-e-n. 10 BRIAN S. KEIF, ESQUIRE 10 Q. Ms. Golden, are you currently employed? Law Office of Hugh Behan 1 A. Yes. 11 Two Datran Cent Dadelang boulevard 12 Q. Where do you work, please? 12 Suite 1903 13 A. Savitar Realty Advisors. S as in Sam, a, V b Miami, Florida 33156 14 as in Victor, i-t-a-r, Realty Advisors, 4 15 A-d-v-i-s-o-r-s. ATTORNEY FOR DEFENDANT, SCHINDLER ELEVATOR corPoraTioN |16 Q. Is that also known as Savitar, Inc.? 15 . 16 DAMIAN M. FLETCHER, ESQUIRE 17 A. itis. . - . Hinshaw & Culbertson, LLP 18 Q. And what is your position or role with 17 Oe ast Broward Boulevard 19 Savitar? 18 Fort Lauderdale, Florida 33301 20 A. I'mvice president and asset manager. 19 21 Q. And how long have you been so employed? 2 22 A. 27years. 22 23 Q. Can you tell me the business of Savitar, a 24 Inc.? 25 A. Savitar, Inc. is a commercial real estate EQESQUIRE 800.211.DEPO (3376) EsquireSolutions.comJOANNA L. GOLDEN ESTRADA vs. BRANDON OF B August 05, 2015 5-8 Page 5 Page 7 1 property management company. We manage real estate | 1 A. Right. 2 assets in a number of states. 2 Q. And the date that I'm most interested in is 3 Q. Is one of the properties under Savitar's 3 March 23, 2012, the day that Carmen Estrada, my 4 management the one we're presently in located at 12000 | 4 client, fell at 12000. Fair enough? 5 Biscayne Boulevard? 5 A. Right. 6 A. Yes. 6 Q. Were you present and/or a witness to that 7 ~~ Q. And were you involved with Savitar as the 7 fall? 8 property manager of 12000 Biscayne Boulevard 8 A. | was not. 9 individually? 9 Q. Have you seen the videotape of it? 10 A. lamthe asset manager, yes. 10 A. I|have seen the videotape. 11 Q. Tell me what that means. 11 Q. Do you know why my client fell? 12 A. Asset manager means that | am responsible 12 A. No. 13. for all of the business in running a property, from 13 Q. Do you know what caused my client to fall? 14 directing the property managers to overseeing the 14 A. No. 15 maintenance staff, the budget, leasing, marketing. 15 Q. Without telling me anything that you've 16 Q. Gotit. Is it safe to say that you 16 learned from Counsel, and I'm specifically asking you, 17 personally have no maintenance responsibilities? 17 please, do not divulge anything that you've learned or 18 A. Correct. 18 communicated with Counsel about, do you have any 19 Q. Is it safe to say that you personally would 19 information as to whether or not the elevators or 20 not know the condition of the elevators at 12000 20 elevator was functioning properly that day? 21 Biscayne Boulevard on any given day? 21 A. | always assume that my elevators are 22 ~A. No. 22 functioning properly unless | receive a work order or 23 Q._ That would not be within the realm of your 23 somebody calls in that is reporting some issue with 24 duties? 24 the elevator. So my assumption is that they are 25 A. Rephrase the question, please. 25 always working properly. Page 6 Page 8 1 Q. Would it be within the realm of your duties 1 Q. While | appreciate that answer, my question 2 to know the elevator maintenance status at 12000 2 may be poorly worded but a little different. 3 Biscayne Boulevard on any given day? 3 Do you know if there was something wrong 4 A. Itis. 4 with the elevator on March 23rd, 2012, at the 12000 5 Q._Itis within the realm of your duties. 5 building, that caused or contributed to cause Carmen 6 Okay. 6 Estrada's fall? 7 A. Yes. 7 MR. FLETCHER: Object to form and predicate. 8 Q. So tell me what sort of day-to-day 8 THE WITNESS: No. 9 involvement you have with the operation of the 9 BY MR. DAVIS: 10 elevators at 12000. 10 Q. Did you later learn subsequent to her fall 11 A. We create an annual budget for our 11 that there had, in fact, been a problem with that 12 properties. So I'm aware of and a part of the 12 elevator? 13. structuring of the contract for services for our 13 A. No. 14 elevators. And | am -- | receive copies of all work 14 Q. Do you know whether or not the elevator that 15 order requests, tenant complaints. 15 Carmen Estrada fell exiting stopped level with the 16 Q. Gotit. The company you work forhas more | 16 floor? 17 than one building; is it fair to say? 17. A. No. 18 A. We manage a variety of buildings, yes. 18 Q. Do you have any indication or information to 19 Q. | would like to limit all my questions today 19 suggest that there had been a situation where the 20 to 12000 Biscayne Boulevard so that | don't have to | 20 elevator machine room overheated that day? 21 keep saying 12000 Biscayne Boulevard every single | 21 A. Say that again. 22 time. Is that fair enough? 22 Q. Did you ever learn that there had been a 23 A. Yes. 23. situation where the elevator machine room, that is the a Q. I'm not referring to any other building that 24 room where the elevator equipment is located, you guys manage. Fair enough? 25 overheated on March 23rd, 2012? ESQUIRE 800.211.DEPO (3376) EsquireSolutions.comJOANNA L. GOLDEN August 05, 2015 ESTRADA vs. BRANDON OF B 9-12 Page 9 Page 17 1 MR. KEIF: Except for what you may have 1 set forth ceiling and a floor on best practices for 2 learned from me. 2 what they say the equipment should be operated, but | 3 THE WITNESS: | received an e-mail from my 3 don't know that it's mandated. 4 property manager reporting a statement made by the | 4 Q. Ceiling and the floor being temperature 5 elevator technician, which | immediately dismissed as | 5 ranges? 6 false. 6 A. Correct. 7 BY MR. DAVIS: 7 Q. Like not colder than and not hotter than? 8 Q. What was the statement? 8 A. Correct. 9 A. The statement was that it was his impression 9 Q. Off the top of your head, do you know what 10 that the elevator machine room was at some 10 those numbers are? 11. outrageously impossible temperature. 11 A. Offthe top of my head, | think it was 50 12 Q. North of 100? 12 something degrees and 90 degrees. But! don't really 13 A. | believe he said it was 106 degrees. 13 recall. 14 Q. You personally, have you ever been in that 14 Q. Okay. That's a guess? 15 room? 15 A. Yes. 16 A. Ihave. 16 Q. Fair enough. Do you know if the thermostat 17 Q. Okay. And it's your understanding that 17 in the elevator equipment room on the building -- on 18 there is a separate air conditioning unit that's 18 the roof of this building has a temperature at which 19 designed to cool that room? 19 the exhaust fans are triggered? 20 A. No. It's more of an overall building system 20 A. You know, | don't know what triggers the 21. that is run by two cooling towers. 21 exhaust fans. | don't know if it's tied to the 22 Q. Okay. So without pinning you down on the 22 thermostat or to the equipment itself. I'm not clear. 23 actual mechanics of it, is your understanding that the | 23 Q. Gotit. Do you know what the purpose of the 24 two large I'll call them chillers that provide coolant 24 exhaust fans are? 25 and air conditioning to the entire building is what 25 A. To exhaust out hot air. Page 10 Page 1 1 also cools that elevator equipment room on the roof? 1 Q. Okay. As opposed to smoke or some other 2 A. Yes. In addition to some exhaust fans, 2 substance? 3 which take away heat. 3 A. Yes. | don't -- | don't know if they 4 Q. Okay. And without getting too technical, 4 function -- | don't know if they're tied into the 5 because | can't, it's my understanding that there's a 5 fire, life safety system. 6 thermostat in that room. Are you familiar with that? 6 Q. Gotit. Do you know if there is a separate 7 ~~ A_ I think there is a thermostat in that room. 7 thermostat for the exhaust fans versus the elevator 8 I'm not sure what it controls. 8 machine room air conditioning temperature? 9 Q. Do you know what the operating temperature 9 A. Well, the elevator machine room air 10 ofthat room is supposed to be? 10 conditioning temperature is governed by a physical 11 A. | don't know that there is a set operating 11 plant that's not located in the elevator machine room. 12 temperature for that room. 12 So itis the beneficiary of the cold air at the 13 Q. Do you know if the elevator contract that 13 temperatures that are set for our office building, 14 your building had with Schindler Elevator Corporation |14 which is, as you can tell, a range of 69 to 15. in effect in March of 2012, mandated an operating room |15 74 degrees. 16 temperature -- I'm sorry -- an elevator room 16 So | don't know if that -- if there is a 17 temperature? 17 temperature range that is also tied to the exhaust. | 18 A. No. 18 simply don't know that. 19 Q. No, you don't know if it did; or no, it did 19 Q. Allright. Do you know from having been in 20 not? 20 that room, which, | believe, you indicated you were, 21 A. No, it did not. 21 whether or not a separate air conditioning unit is 22 Q. Okay. Do you know if there is a temperature 22 located? 23 atwhich it is either improper or unsafe to operate 23 A. No. It's tied to the overall building 24 elevator equipment in this building? 24 system. 25 A. | know there are terms of a contract which 25 Q. Okay. Well, we are in a room now, in an ESQUIRE 800.211.DEPO (3376) EsquireSolutions.comJOANNA L. GOLDEN ESTRADA vs. BRANDON OF B August 05, 2015 13-16 Page 13 1 office that has suspended ceilings. Fair enough? 2. =A. Yes. 3 Q. And you really can't see, other than the 4 fact that there's vents or drops here, what kind of 5 equipment is in the ceiling, true? 6 A. Right. 7 Q. Up there, there's no suspended ceiling for 8 decorative purposes, right? Everything is exposed? 9 A. Yes. Yes, itis. 10 Q. There is a large Trane, T-r-a-n-e, unit that 11 exists just outside of that room, on top of the Page 15 Q. Who is that, please? 4 2 A. Continental heating and air. 3 Q. And do you know the principal's name or the 4 individual's name that you deal with? 5 A. We deal with the owner now named Joe. 6 Q. Okay. Was there also a guy at one point in 7 time named Doug Krieger? 8 A. Yes. 9 Q. Allright. Was he actually a hands-on guy, 10 or was he also a principal of some sort? 11 A. He was our main technician. 17 18 19 20 21 whether or not a delineation is made as to what the air conditioning company is responsible to maintain? A. Rephrase. Q. Do you know if this building has an air conditioning maintenance contract? 22. ~A. Yes. 23 Q. Do you know who the current air conditioning 24 maintenance company is? 25 =A. Yes. 12. stairs. Do you know what that machine is? 12 Q. Now, that would mean he would come here and 13 A. No. 13 service the units? 14 Q. Do you know if that machine is the air 14 A. He would come with somebody else -- two 15 conditioning unit for the machine room? 15. people. 16 A. Not that I'm aware. 16 Q. And in addition to there being a 17. _Q. The elevator equipment room has several 17 once-a-month service, he would also come as needed to 18 large boards of circuitry, for want of a better term. | 18 repair the units? 19 Do you know what | mean by that? 19 A. Hewould come as needed to respond to any 20 A. The elevator machine room has the 20 heating or cooling issue that we had in any location 21 controllers for the elevator. 21 throughout the property. 22 Q. Okay. And those are like circuit board type (22 Q. Plus, once a month for regular routine 23. things? 23 maintenance, true? 24 A. Right. 24 A. Correct. 25 Q. And then there's also some large, like, 25 Q. Do you know if there was a schedule in that Page 14 Page 16 1 pulley like systems or motors? 1 contract of what equipment was under contract for 2 A. Hoists, yes. 2 maintenance? 3 Q. Hoists. Okay. Do you know if there is 3 A. Yes. 4 anything else located in that room? 4 Q. Do you know if it delineated any aspect of 5 A. Exhaust fans. 5. the air conditioning room — I'm sorry — the elevator 6 Q. Anything non-elevator related in your 6 room? 7 understanding? 7 A. Itwas overall part of the building 8 A. Not that | recall. 8 envelope, so he worked in every aspect of the air 9 Q. Is that room, to your understanding, 9 conditioning system. | don't know if it named -- | 10 basically dedicated to the elevator equipment? 10 don't think it names the garage as being separate or 11 A. | don't think there is anything else in that 11 the elevator machine room, but | don't recall. 12 elevator equipment room. 12. Q = Letme tell you what | have. And | have a 13 Q. Besides elevator equipment? 13 maintenance and services agreement. We can or don't 14 A. Right. 14 have to attach it. These gentlemen can tell me. 15 Q. Do you know, from your familiarity with the 15 It's dated November 9, 2011. And the reason 16 air conditioning services agreement for this building, | 16 | asked for that is because | wanted the one that was 17. in effect at the time of this incident, which was 18 March 23, 2012. 19 There is a schedule of equipment attached as 20 an exhibit. It says Exhibit A. And I'm going to go 21 through them really fast with you. And you tell me if 22 you know what these things are. 23 HVAC equipment list. And that says: 24 Equipment to be covered under service agreement. Two 25 -- that's the number two -- 250 ton carrier 23XL OESQUIRE 800.211.DEPO (3376) EsquireSolutions.comJOANNA L. GOLDEN August 05, 2015 ESTRADA vs. BRANDON OF B 17-20 Page 17 Page 19 1 Helical, H-e-l-i-c-a-l, Rotary Chillers? 1 water handlers -- water air handlers is located in the 2 A. Right. 2. elevator equipment room? 3 Q. Those are the two big chillers? 3 A. It could be possible, but | don't know for 4 A Yes. 4 sure. 5 Q. And then, two 20hp Allis Chalmers, 5 Q. Okay. One rooftop forced fresh air fan. Do 6 C-h-a-l-m-e-r-s, coupling drive chill water pumps? 6 you know what that is? 7 A. Right. 7 A. Every building has a requirement for fresh 8 Q._ Those are the water pumps for those two 8 air. And it brings the air into the building to 9 chillers? 9 create the right balance of fresh air with air in the 10 A. Cooling towers, yes. 10 building. 11 MR. KEIF: Do you want to take a look at it? 11 Q. One rooftop bathroom exhaust fan? 12 MR. FLETCHER: Do you want to see it? 12 A. It works the opposite direction. It takes 13 THE WITNESS: | don't mind. Sure. 13. the air from the bathrooms up. 14 (Discussion off the record.) 14 Q. One chiller room exhaust fan? 15 THE WITNESS: Yes. Go ahead. 15 A. A fan that's in the mechanical room, in the 16 BY MR. DAVIS: 16 garage that pushes hot air out. 17 Q. Next is two 15hp Allis Chalmers coupling 17 Q. VAV box service calls? 18 drive condenser water pumps. Do you know what those | 18 A. VAV boxes are located in the ceiling 19 are? 19 throughout the entire building. There's probably -- 20 ~~ A. Support of the cooling system. 20 probably 40 or 50 per floor. And they come out if you 21 Q. That's the main two towers that we talked 21 have a problem at any location and service those 22 about? 22 boxes. 23 A. Right. 23 Q. Is it fair to say that other than possibly 24 Q. Then I've got two Evapco, E-v-a-p-c-o, 24 having 1 of the 11 Trane chill water air handlers, 25 induced draft cooling towers. Those are the two 25 there is nothing specific in this schedule we just Page 18 Page 20 1 cooling towers you're talking about? 1 reviewed that deals with the elevator equipment room? 2 A. The pieces of equipment are attached to one 2 A. This is an air conditioning equipment list. 3 another. 3. It's not comprehensive for the services that they 4 Q. One Devilbiss, D-e-v-i-l-b-i-s-s, duplex 4 provide. 5 pneumatic air compressor. Do you have any clue what | 5 Q._Isit your understanding that back in 6 that is? 6 March of 2012, Continental Air Conditioning, Inc. was 7 A. The building has VAV boxes in the ceiling. 7 responsible for maintaining the air conditioning unit 8 And they work -- it's a pneumatic system where the air | 8 in the -- or the air conditioning system in the 9 flows through it. It pushes the air through the 9 elevator equipment room? 10 system. 10 A. Yes. 11 Q. Okay. Next is one Powerex air compressor? 1 Q. Do you know if Continental Air Conditioning 12 A. Same function. 12 created records of their regular preventative 13 Q. Next is one pneumatic air drier system? 13 maintenance calls? 14 A. Same function. 14. A. Yes. 15 Q. Next is 11 Trane chill water air handlers. 15 Q. Do you get a copy of that? 16 What are those? 16 A. Yes. 17 A. On every floor, there's an air handler room. 17 Q._ Is that something — a record that is 18 The air handler controls the cool air pushing the cool | 18 maintained in your office? 19 air through the floor. 19 A. Arecord is maintained in the property 20 Q. How many floors are there in this building? 20 management office. An electronic record is kept, and 21 A. Eight. 21 acopy is attached to the paid invoice. 22 Q._ Do you know why there is 11? 22 Q. Gotit. But you don't have to pay for that 23 A. There's two -- | don’t know why there's 11. 23 each time, true? That's part of the overall contract 24 I'm not sure. 24 for the month? 25 Q. Do you know if one of those 11 Trane chill 25 A. Preventative maintenance is part of the ESQUIRE 800.211.DEPO (3376) EsquireSolutions.comJOANNA L. GOLDEN August 05, 2015 ESTRADA vs. BRANDON OF B 21-24 Page 21 Page 23 1 overall contract for the month, correct. 1 the elevator technician's report? 2 Q. Okay. In other words, there's no separate 2 Q. Yes. 3. bill for that? 3 A. I don't know. 4 A. Yes. We get a separate record anda 4 Q._ If they did, and it was a separate service 5 separate bill to evidence the work that was done 5. call for a supposed air conditioning malfunction, 6 pursuant to the contract. 6 would a ticket have been generated for that? 7 Q. Gotit. Okay. Now, I've gone through the 7 A. Yes. 8 records that | was provided by Continental Air 8 Q. Soin other words, Continental would give 9 Conditioning. And | will represent to you that the 9 you their once-a-month as part of the contract, but 10 only time | saw anywhere in these records of the 10 anything else, any special calls were separate? 11 elevator room air handler was on 10-27-11. And | will | 11 A. Every time they come to the property, they 12 hand it to you after | show Mr. Keif. 12 generate a work ticket. 13 MR. KEIF: It says draft on it. 13 Q. So regardless of whether it was included or 14 MR. DAVIS: | know. They all do. 14 not included? 15 MR. KEIF: They do? 15 A. Right. 16 MR. DAVIS: Yes. The whole pile does. It's 16 Q. Allright. To your knowledge, have you ever 17 an air conditioning company, that's why it says draft. |17 seen a work ticket for a March 23rd or 24th or 25th, 18 MR. KEIF: Oh, you're so funny. 18 2012, visit pertaining only to the air conditioning 19 MR. FLETCHER: Are those the one you got by | 19 located in the elevator equipment room? 20 subpoena? 20 A. | don't recall that. 21 MR. DAVIS: Yes. 21 Q. Earlier in your testimony, you said that you 22 THE WITNESS: What's the question? 22. believed that the statement made by the elevator 23 BY MR. DAVIS: 23 technician was false regarding how hot it was in the 24 Q. The question -- well, first, have you had a 24 mechanical room. How come you said that? 25 chance to look at that? 25 A. | believe at the time | read from my Page 2 Page 24 1 A. Uh-huh. 1 property manager that the technician was not carrying 2 MR. KEIF: You have to answer yes or no. 2 any special equipment in order to determine 3 THE WITNESS: Yes, | have. 3 temperature; so | dismissed his claim because he was 4 BY MR. DAVIS: 4 not providing any factual detail on how he arrived at 5 Q. Is that, to your understanding, a record 5 that temperature. 6 that would -- or a ticket that would indicate that 6 Q. Okay. Put it another way. Because your 7 some service was performed in the elevator equipment | 7 building manager did not see a thermometer on the 8 room air conditioning? 8 person of the air conditioning -- I'm sorry -- on the 9 A. It would evidence a service that was 9 person of the elevator equipment guy, he assumed that 10 performed in a specific location, particularly when 10 he was making up the number? 11. there's parts that are required. 1 A. No. My property manager called the air 12 Q. Okay. 12 condition -- called the elevator company and inquired 13 MR. KEIF: Are you going to mark that as an 13 whether or not the technician was carrying any special 14 Exhibit? 14 tool in order to determine temperature. And she was 15 MR. DAVIS: Can we? 15 informed that no, in fact, the technician did not 16 THE WITNESS: Sure. 16 carry any such tool and that there was no way to 17 (Discussion off the record.) 17 determine how he had come up with that guesstimate on 18 MR. DAVIS: We will sticker it as Exhibit 1. 18 temperature. 19 BY MR. DAVIS: 19 Q. Gotit And who was the female property 20 Q. Do you know if following the March 23, 2012, 20 manager that you mentioned? 21 incident, where the elevator technician basically said | 21 A. Ellen Lopez. 22 that the air conditioning had failed in the elevator 22 Q. And do you know who she spoke with at the 23 equipment room, Continental Air Conditioning was 23 elevator company? 24 notified? 24 A. |donotremember the name. But I'm sure | 25 A. Do | know if Continental came out because of | 25 was provided a copy of that information. ESQUIRE 800.211.DEPO (3376) EsquireSolutions.comJOANNA L. GOLDEN August 05, 2015 ESTRADA vs. BRANDON OF B 25-28 Page 25 Page 27 1 Q. What sort of record was made of this 1 A. Atthe time, one of them took pictures. And 2 exchange? 2 | don't believe that there was any statement one way 3 A. Internal office correspondence and e-mail. 3 or the other whether it was level or unlevel. 4 Q. Sosomewhere along the line your company 4 Q. Pictures meaning photographs? 5 called up the elevator company and said: Hey, wehave| 5 =A. Right. 6 aproblem with an elevator at the 12000 building. 6 Q. Do you know what happened to those 7 Is that fair statement just to kind of set 7 photographs? 8 the stage here for this conversation? 8 A. They were a part of our file. They became 9 A. When the issue was reported, the elevator 9 part of our incident report. 10 was placed out of service, and the technician was. 10 Q. Do you still have those photographs? 11 called, yes. 11 A. Yes. 12 Q. Then the technician came and did his thing. 12 Q. Were the photographs taken of the elevator 13 Do you know if service was restored? 13. from the outside looking in? Meaning from the lobby 14 A. My recollection was service was restored. 14 into the car. 15 Q. Do you know what, if anything, the elevator 15 A. No. | think it was from the inside looking 16 tech did to restore service or to make it operational 16 out or right above it. 17 so that you guys could restore service? 17 Q. Did you review those before today's depo? 18 A. No. Wedon't ever restore service. The 18 A. | saw them back in 2012, maybe 2013. 19 service is always restored by the elevator technician. 19 Q. Doyou know if they showed the floor of the 20 They're the ones who are authorized to put an elevator | 20 car being unlevel with the floor of the lobby? 21 back in service. 21 A. | think it was really -- not very possible 22 Q. Got it. You guys are authorized to take it 22. to tell really. 23 out of service? 23 Q. Because of the quality of the photos or the 24 A. That's our internal protocol, that we must 24 angle of the photos or... 25 take it out of service, yes. 25 A. Because there is a sill of the elevator, and Page 26 Page 28 1 Q_ Right. So to your knowledge, the elevator 1 then the edge of the elevator is just not really 2 tech put the elevator that Carmen Estrada had a 2 obvious. There is no ruler to really give you 3 problem with back in service? 3 perspective. 4 A. Right. 4 Q. Got it. So the photographs are just not 5 Q._ Did you ever learn what he did in order to 5 dispositive of that issue? 6 make it serviceable again? 6 A. | don't think they provided me any 7 A. I think | read the job ticket. And | think 7 meaningful conclusion, no. 8 what they call it is adjustment made, but! don'tknow | 8 Q. Did you speak to either gentleman from 9 anything beyond that. 9 maintenance? 10 Q. Do you know, from reviewing anything in 10 A. When? 11 preparation for today's deposition, whether, in fact, 11 Q. You know, regarding this elevator issue. 12. the elevator was unlevel when the door opened? 12 A. | spoke to them a few months ago in 13 A. Oh. | don't think there is any way anybody 13 preparation for the deposition, yes. 14 could know that, no. 14. Q. Okay. And did either of them indicate that 15 Q. Can you see that from the video, to your 15 they saw the elevator unlevel? 16 recollection? 16 A. Ididn't ask. 17 A. | don't think the angle shows the cell of 17 Q. Is that an issue, in your mind, whether or 18 the elevator in any way that you could really tell. 18 not the elevator was unlevel? 19 Q. Okay. So nothing to prove or disprove it 19 A. In what way? 20 from a visual review of the video? 20 MR. KEIF: Object to the form. 21. A No. 21 BY MR. DAVIS: 22 Q. Did the folks that work in your building, 22 Q. Is it an issue as to what caused this lady 23 either the maintenance supervisor or the maintenance | 23 to fall? 24 employee that both testified in this case, tell you 24 ~~ A. What's my opinion? 25 whether or not the elevator was unlevel? 25 Q. Sure. ESQUIRE 800.211.DEPO (3376) EsquireSolutions.comJOANNA L. GOLDEN August 05, 2015 ESTRADA vs. BRANDON OF B 29-32 Page 29 Page 37 1 A. No, | don't have an opinion. 1 ago. 2 Q. Okay. So do you know why she fell? 2 = Q Okay. Did you speak to anybody else from 3 A. No, | do not. 3. the building, either tenants or folks that work here, 4 Q. You saw the video of her clearly falling, 4 regarding the Carmen Estrada fall? 5 though, correct? 5 A. No. 6 A. | saw the video. 6 Q. Do you have any information from any source 7 Q._ Is there any suggestion, in your mind, that 7 as to why Carmen Estrada fell? 8 she did not fall? 8 A. No. 9 A. | saw her coming out of the elevator. 9 Q_ Do you have any information from any source 10 Q. She did not come out upright, though, did 10 as to there being a problem with the elevator that 11 she? 11 Carmen Estrada fell out of? 12 A. She came out moving forward, correct. 12 MR. KEIF: Before this incident? 13 Q. And she did fall to the floor, correct? 13 MR. DAVIS: Yes. 14 A. She ended up on the floor. 14 THE WITNESS: Can you rephrase that? 15 Q. Do you think from your personal review of 15 BY MR. DAVIS: 16 that, that she did it herself? 16 Q. Sure. Have you learned from any source that 17 A. Oh. We all do everything ourself. | don't 17 there was a problem with the elevator that Carmen 18 know why she did it or what caused her to do it or if 18 Estrada fell out of before she fell? 19 anything caused her to do it. 19 A. Every year | review all maintenance records 20 Q. Okay. So as we sit here today, you do not 20 for every elevator. And | do not recollect there 21 know if there was something physically wrong with the | 21 being anything special or particular about the 22 elevator or if she just tripped? 22 operation of that elevator. 23 A. Right. 23 Q. Okay. If, in fact, the elevator did 24 Q. Allright. And none of the conversations 24 mislevel on the day of Carmen Estrada's fall on 25 you had with the employees of your building indicated | 25 March 23, 2012, do you, as we sit here today, know why Page 30 Page 3: 1 that there was any defect in the elevator that day? 1 that happened? 2 A No. 2 A. Elevators mislevel. 3 Q. Did you have any conversation with the 3 Q. Okay. Do you know why, though? 4 elevator repairman yourself? 4 A. They're a piece of electrical, mechanical, 5 A. No. 5 computerized equipment. 6 Q. Did you have any conversation with anybody 6 Q. Do you have any information to suggest that, 7 from the air conditioning company yourself? 7 in fact, the elevator that Carmen Estrada fell out of 8 A. On what day and in connection with what? 8 on March 23rd, 2012, did, in fact, mislevel on that 9 Q. Regarding this matter. You know, the claim 9 day? 10 was made that the elevator room was very, very hot. | 10 A. | don't have any such information. 11 And you know, what's your response to that? 11 Q. Do you know of the adjustment that was made 12 A. Not atthe time. | don't - maybe months 12. by the technician? 13 later, a year later, but | don't really recall. 13 A. | don't know what they do when they make an 14 Q. Do you remember who you spoke to? 14 adjustment, no. 15 A. Doug. 15 Q. Do you know if the adjustment that was made 16 Q. And what did he say? 16 by the technician following the complaint on 17 A. The elevator equipment or the elevator 17 March 23rd, 2012, about your elevator involved the 18 machine room was part of the equipment that he 18 leveling function? 19 maintained and he wouldn't imagine that it would have | 19 A. | don't know what they did to the elevator. 20 been that hot. 20 Q. Did you ever speak to the technician? 21 Q. Did he tell you anything about the 21 A. No, | did not. 22. triggering mechanism for the fans or triggering 22 Q. Did anybody from your building ever speak to 23 mechanism for any alarms or anything like that? 23 the technician other than the report that you gave 24 A. | think we talked about the louvers, but | 24 earlier about the temperature? 25 don't remember. | don't remember. It was a long time | 25 A. | believe that my engineer spoke to the ESQUIRE 800.211.DEPO (3376) EsquireSolutions.comJOANNA L. GOLDEN August 05, 2015 ESTRADA vs. BRANDON OF B 33-36 Page 33 Page 35 1 technician at the time. 1 Q. Tell me about that, please. 2 Q. What was that -- the substance of that 2 A. [had heard through my engineer of behavior 3 conversation, if you know? 3 issues, conduct issues. 4 A. | don't know. 4 Q. I'msorry? 5 Q. Other than there being an incident report 5 A. Conduct issues. Unbecoming conduct issues. 6 and some photographs that were taken, do you know of | 6 Q. Before her fall? 7 any other materials that you have -- and the video, do 7 A. After. 8 you know of any other materials that you have 8 Q. Can you elaborate? 9 regarding this incident? 9 A. No. 10 A. Operations records for the elevator, a work 10 Q. How come? 11. log, a tracking log that shows elevator issues, 11 A. | remember vaguely describing certain 12. problems. 12 aspects of her personality that | don't think it 13. Q. Those would be the Schindler records? 13. really relevant. 14 A. The Schindler records are the technician 14 Q. How about before the accident, did you guys 15 records. But we maintain a log of every work order 15 know of Carmen Estrada? 16 and service request for the building. 16 A. | met many times in Fuller & Fuller's 17 Q. Had there been any maintenance logs, 17 office, but | don't know that | could have picked her 18 requests, or complaints about the elevator Carmen 18 out. | don't remember who she is, to be honest with 19 Estrada fell out of within the several months before 19 you. 20 she fell out of it? 20 Q. Do you know if she had some kind of ax to 21 A. | don't remember. | mean, you have to 21 grind with the building before she fell? 22 consult the log because we keep track of them by 22 A. Oh, | have no idea. 23 elevator cab number. 23 Q. Is there any suggestion, at least in your 24 Q. Okay. Do you know what the cab is, the 24 mind, that she somehow staged this? 25 number? Is it No. 2? 25 A. | don't have any opinion on that. Page 34 Page 36 1 A. | think it's No. 2, yes. 1 MR. DAVIS: Thank you. Okay. That's all | 2 Q. Soifl ask your office through Counsel for 2 have. Thank you very much. 3. the records regarding this Elevator No. 2 for the 3 MR. KEIF: You're up. 4 period from January 1st, 2012, through March 23rd, | 4 MR. FLETCHER: No questions. 5 2012, that would be a record that you guys would still | 5 MR. KEIF: We'll waive. 6 have? 6 MR. DAVIS: We'll order. 7 A. | believe you did ask for that, and, | 7 (Thereupon, the Deposition concluded at 8 believe, we did produce them. 8 11:30 a.m.) 9 Q. Andit's your understanding that those are 9 10 separate and apart from the Schindler records? 10 1 A. We keep track of every request for service 11 12. in the building. 12 13 Q. Got it. Okay. Do you know if that man Doug | 13 14 still works for Continental? 14 15 A. | believe he has separated or ended his 15 16 relationship with Continental. 16 17 Q. Okay. Had you personally known of any 17 18 problems relating to Carmen Estrada that either 18 19 involved complaints of other tenants, complaints of | 19 20 any of your employees, any incidents that occurred, | 20 21 any problems in general? 21 22 A. Before or after the incident? 22 23 Q. Okay. Fair enough. Before or after the 23 24 incident. 24 25 A. Yes. 25 QESQUIRE 800.211.DEPO (3376) EsquireSolutions.comJOANNA L. GOLDEN ESTRADA vs. BRANDON OF B August 05, 2015 37-38 Page 37 CERTIFICATE OF OATH STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) 3 4 I, the undersigned authority, certify that 5 JOANNA L. GOLDEN personally appeared before me and vas 6 duly sworn 7 WITNESS my hand and official seal this 8 18th day of August, 2015 9 to Baw P sinleish well n RENEE D. WATSHVEL NOTARY PUBLIC, STATE OF FLORIDA 2 COMMESSTON NO: FF 104122 EXPIRATION: APRIL 08, 2018 B uu 1s 16 uw 18 19 20 21 22 23 24 25 Page 38 CERTIFICATE OF REPORTER 2 STATE OF FLORIDA ) 3 COUNTY OF MIAMI-DADE) 4 5 I, RENEE D. WAISHWELL, a Court Reporter and 6 a Notary Public, duly commissioned and qualified in 7 and for the State of Florida at Large, do hereby 8 certify that I was authorized to and did 9 stenographically report the foregoing Deposition under 10 oath; and that the transcript is a true record of the 11 testimony given by the witness 2 1 FURTHER CERTIFY that I am not a relative, 13. employee, attorney, or counsel of any of the parties, 14 nor am I a relative or employee of any of the parties 4s attorneys of counsel connected with the action, nor am 16 I financially interested in the action. vw Dated this 1sth day of August, 2018 1 19 . 20 t Pp stulaiah wot 2a — RENEE D. WATSHVELZ, 22 NOTARY PUBLIC, STATE OF FLORIDA COMMISSION NO: FF 104122 23 EXPIRATION: APRIL 08, 2018 24 25 ESQUIRE 800.211.DEPO (3376) EsquireSolutions.comFiling # 11314236 Electronically Filed 03/13/2014 03:40:13 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. CARMEN MARIA ESTRADA, Plaintiff, vs. BRANDON OF B, LLC, a Foreign Limited Liability Company, SAVITAR REALTY ADVISORS a/k/a SAVITAR, INC., a Florida Corporation, CYBUR 12000, LLC, a Florida Limited Liability Company, and SCHINDLER ELEVATOR CORPORATION, a Foreign Corporation. Defendants. | REQUEST FOR PRODUCTION TO DEFENDANT, BRANDON OF B, LLC COMES NOW the Plaintiff, by and through undersigned counsel, and pursuant to the applicable Rules of Civil Procedure, requests the Defendant, BRANDON OF B, LLC, to produce the following for inspection and/or copying within the time prescribed by said Rule at the below-named offices: 1. Incident reports and/or accident reports which were prepared by the Defendant and/or any other person, firm or entity in the regular course of business related to the incident that is the subject of the complaint. 2. Any and all statements of the Plaintiff revealing knowledge of facts relevant Jeffrey R. Davis, P.A. 10800 Biscayne Bivd., #700, Miami, Florida 33161 © Tele 305.577.3777 ° Fax 305-854-2603Estrada v. Brandon of B, LLC, et. al. Page 2 and material to the claims and defenses in the instant litigation. 3. Any and all photographs, movies, charts and other documentary evidence of the scene involved in or pertaining to the subject accident, occurrence or issues involved in this cause. 4, Any and all photographs, movies, charts and other documentary evidence of the parties involved in or pertaining to the subject accident, occurrence or issues involved in this cause. 5. Any and all insurance policies providing benefits or coverage to the Defendant for any claimed injury or damage from the subject accident or occurrence. 6. Any and all photographs and/or movies of the Plaintiff resulting from surveillance and/or investigation of the Plaintiff. 7. Any and all contracts between this Defendant and any other person, firm, corporation or entity for elevator maintenance, elevator repair, elevator inspection and/or elevator upkeep involving the property located 12000 Biscayne Boulevard, Miami, Florida 33181, in effect on or about the date of Plaintiff's subject accident. 8. Any and all indemnification agreements between this Defendant and any other person, firm or entity which pertain to may pertain to the Plaintiff's subject claims or allegations. 9. Any and all agreements, contracts, and/or covenants pertaining to the elevator maintenance for the subject property in effect on the date of the Jeffrey R. Davis, P.A. 10800 Biscayne Bivd., #700, Miami, Florida 33161 © Tele 305.577.3777 ° Fax 305-854-2603Estrada v. Brandon of B, LLC, et. al. Page 3 10. 11. 12. 13. 14. 15. 16. Plaintiff's accident. Any and all manuals or written policies used by the employees of the defendant regarding inspection, maintenance and/or repair of the elevators on the subject property in effect on the date of the Plaintiff's accident. Any and all manuals or written policies used by the employees of the defendant regarding reporting problems, malfunctions or difficulties with the elevators on the subject property in effect on the date of the Plaintiff's accident. Any and all schedules or calendars that reflect the names of any employees of the Defendant that were working at the subject property for the one year period up to and including the subject date of accident. Any photographic, video footage, image recordings, films, pictures or other recordings of Plaintiff’s fall captured by security cameras. Copies of any/all insurance policies and declarations of coverage for any/all insurance that can or may cover this defendant for claims made by Plaintiffs. Any and all documents, invoices, bills, work orders, service orders, permits or other documents that reflect the repair, maintenance and/or upkeep of the elevators of the property from 03/23/2009 up and through 06/23/2012. Any and all letters, memorandums, emails and/or notices which advise Defendant of issues with the operation and/or complaints regarding the elevators on the subject property from 03/23/2009 up and through Jeffrey R. Davis, P.A. 10800 Biscayne Bivd., #700, Miami, Florida 33161 © Tele 305.577.3777 ° Fax 305-854-2603Estrada v. Brandon of B, LLC, et. al. Page 4 17. 18. 19. 20. 21. 22. 23. 06/23/2012. Any and all applications for license renewal periods of certificates of operation for any and all elevators located on the subject property from 03/23/2009 up and through 06/23/2012. Any and all applications for permits to any governmental agency regarding any work related to the elevators on the subject property from 03/23/2009 up and through 06/23/2012. Any and all copies of all satisfactory inspections as defined by Chapter 399 of the Florida Statutes completed between 03/23/2009 up and through 06/23/2012. A copy of any and all notarized statement(s) to the presence of a current service maintenance contract as defined by Chapter 399 of the Florida Statutes completed between 03/23/2009 up and through 06/23/2012. Any and all service maintenance contracts in effect regarding the subject property between 03/23/2009 up and through 06/23/2012. Any and all contracts and agreements between the Defendant with any and all individual(s) holding a certificate of competency pursuant to Florida Statutes §§ 399.01(14) and (16) in effect at the time of the subject incident. Any and all contracts and agreements bet