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Filing # 135403817 E-Filed 09/27/2021 04:39:24 PM
IN THE CIRCUIT COURT OF THE
15™ JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
BREYANA WRIGHT, CASE NO.: 50-2020-CA-007759
Plaintiff,
vs.
PALM BEACH SKATE ZONE 2012 LLC,
Defendant.
/
DEFENDANT’S, PALM BEACH SKATE ZONE 2012, LLC NOTICE OF FILING IN
SUPPORT OF DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT
COMES NOW, the Defendant, PALM BEACH SKATE ZONE 2012, LLC, and hereby
files its Notice of Filing and Intention to Rely on the following exhibits in Support of PALM
BEACH SKATE ZONE 2012, LLC’s Motion for Final Summary Judgment.
1. Exhibit A — Plaintiff's Complaint
2. Exhibit B — Plaintiff's Executed Waiver, Release, Assumption of Risk and
Indemnity Agreement
3. Exhibit C — Deposition Transcript of Plaintiff, Breyana Wright
(CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE)
CASE NO.: 50-2020-CA-007759
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/27/2021 04:39:24 PM ***CERTIFICATE OF SERVICE
WE HEREBY CERTIFY a true and correct copy of the foregoing was served via electronic
mail pursuant to Florida Rule of Judicial Administration 2.516 using Florida Court’s E-Filing
Portal to: all counsel of record on September 27, 2021.
CASE NO.: 50-2020-CA-007759
BAUMANN, GANT & KEELEY, P.A.
Attorneys for Defendant,
PALM BEACH SKATE ZONE 2012, LLC
1401 East Broward Boulevard, Suite 200
Fort Lauderdale, FL 33301
Phone: (954) 440-4611
Fax: (954) 440-4613
/s/ Michael J. Pedowitz
Gary F. Baumann, Esq.
FL Bar No.: 089052
gbaumann@baumannlegal.com
Michael J. Pedowitz, Esq.
FL Bar No.: 1002540
mpedowitz@baumannlegal.comEXHIBIT “A”Filing # 110709184 E-Filed 07/23/2020 03:42:52 PM
IN THE CIRCUIT COURT OF THE
* FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
BREYANA WRIGHT,
CASE NO.:
Plaintiff,
vs.
PALM BEACH SKATE ZONE
2012 LLC,
Defendant.
COMPLAINT
COMES NOW, Plaintiff, BREYANA WRIGHT, by and through the undersigned counsel,
hereby sues Defendant, PALM BEACH SKATE ZONE 2012 LLC (“PALM BEACH SKATE
ZONE”), a Florida Limited Liability Company, and in support thereof states:
1.
This is an action for damages in excess of $30,000.00, exclusive of costs, interest, and
attorney’s fees.
All conditions precedent to the filing of this action have been performed or have been
waived.
At all times material hereto, Plaintiff, BREYANA WRIGHT, was a resident of Palm Beach
County, Florida over the age of eighteen (18) and is otherwise sui juris.
At all times material hereto, Defendant, PALM BEACH SKATE ZONE, was a business
entity licensed to conduct business in the State of Florida and was doing business in Palm
Beach County, Florida.
Atall times material hereto, Defendant, PALM BEACH SKATE ZONE, by and through its
Page 1 of 510.
LL.
12.
employees and/or agents, owned, possessed, operated, managed, and/or controlled its ice
skating facility located at 8125 Lake Worth Road, Lake Worth, Palm Beach County, FL
33467 (hereinafter referred to as “Premises”).
Atall times material hereto, Defendant, PALM BEACH SKATE ZONE, by and through its
employees and/or agents was responsible for maintaining its Premises in a reasonably safe
manner and was responsible for providing for the safety of its business invitees.
Atall times material hereto, Defendant, PALM BEACH SKATE ZONE, was responsible for
supervising all employees and/or agents working at its Premises.
Atall times material hereto, Defendant, PALM BEACH SKATE ZONE, was responsible for
hiring and training all employees and/or agents working at its Premises.
Venue is proper in Palm Beach County, Florida because the acts and omissions referred to
herein occurred in Palm Beach County, Florida and the place of business of Defendant,
PALM BEACH SKATE ZONE, is located in Palm Beach County, Florida,.
COUNT I~ NEGLIGENCE AGAINST DEFENDANT, PALM BEACH SKATE
ZONE
Plaintiff adopts and reincorporates by reference Paragraphs | through 9 as if more fully set
forth herein.
On or about January 3, 2019, Plaintiff, BREYANA WRIGHT, entered the Premises as an
express and/or implied business invitee of Defendant, PALM BEACH SKATE ZONE and
tented a pair of ice skates.
Defendant, PALM BEACH SKATE ZONE, owed a duty to exercise reasonable care and
diligence to provide safe, correct, and appropriate equipment, including ice skates, for the
safety of business invitees on the Premises, including Plaintiff, BREYANA WRIGHT.
Page 2 of 513. Defendant, PALM BEACH SKATE ZONE, provided Plaintiff, BREY ANA WRIGHT, with
improper, unsafe, an inappropriate ice skates that had a toe pick(s).
14. Defendant, PALM BEACH SKATE ZONE, negligently failed and breached its to duty to
Plaintiff, BREY ANA WRIGHT, by:
a.
Failing to provide safe, correct, and appropriate ice skates to Plaintiff,
BREYANA WRIGHT;
Failing to provide warnings and/or instructions regarding the use of the ice
skates to Plaintiff, BREYANA WRIGHT;
Failing to inquire about Plaintiff, BREYANA WRIGHT’s, ice skating
experience and abilities;
Failing to have policies and procedures in place to ensure that business
invitees, such as Plaintiff, BREYANA WRIGHT, were provided safe, correct,
and appropriate ice skates; failing to have policies and procedures in place
that provided warnings and/or instructions regarding the use of ice skates to
business invitees, such as Plaintiff, BREY ANA WRIGHT; and failing to have
policies and procedures in place regarding inquiring about the ice skating
experience and abilities of business invitees, such as Plaintiff, BREYANA
WRIGHT.
Failing to make a reasonable investigation into the qualification, competency,
training, and experience of its employees and/or agents;
Failing to train its employees and/or agents to provide safe, correct, and
appropriate ice skates to business invitees, such as Plaintiff, BREYANA
Page 3 of 5WRIGHT; failing to train its employees and/or agents in providing
warnings and/or instructions regarding the use of ice skates to business
invitees, such as Plaintiff, BREYANA WRIGHT; and failing to train its
employees and/or agents in proper methods for inquiring about the
experience and abilities of business invitees, such as Plaintiff, BREYANA
WRIGHT.
2. Failing to supervise and control its employees, representatives, agents, and/or
other personnel.
15. The dangerous situation was created by and/or known to Defendant, PALM BEACH
SKATE ZONE, or had Defendant, PALM BEACH SKATE ZONE, exercised reasonable
care, would and should have known of it.
16. The dangerous situation occurred with regularity and was therefore foreseeable.
17. As a result of Defendant, PALM BEACH SKATE ZONE’s, negligence, Plaintiff,
BREYANA WRIGHT, fell.
18. Asa direct and proximate result of the aforementioned fall, Plaintiff, BREYANA WRIGHT,
suffered serious, permanent bodily injuries and resulting pain and suffering, disability,
physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the
enjoyment of life, incurred expenses of hospitalization, medical, chiropractic and nursing
care and treatment, loss of earnings, loss of ability to earn money and aggravation of a
previously existing condition, disease or physical defect. Plaintiff, BREYANA WRIGHT,
shall suffer additional losses in the future.
WHEREFORE, Plaintiff, BREY ANA WRIGHT, demands judgment for all damages allowable
Page 4 of 5under Florida law against Defendant, PALM BEACH SKATE ZONE, in an amount in excess of the
jurisdictional limits of this Honorable Court, together with Plaintiff, BREYANA WRIGHT’s, costs
and for any and all further relief this Honorable Court deems just and proper.
PLAINTIFF DEMANDS TRIAL BY JURY ON ALL ISSUES SO TRIABLE.
RESPECTFULLY SUBMITTED this 23" day of July, 2020.
e] Matthew R. , 2g,
Matthew R. Naparstek, Esq.
Felice and Ehrlich
3 Harvard Circle
Palm Beach Gardens, FL 33409
(561) 444-8822 - Telephone
(561) 514-4946 - Facsimile
Primary Email — Matt@injurytrialattorneys.com.
Secondary Email — Kellie@injurytrialattorneys.com
Secondary Email — Samantha@injurytrialattorneys.com
Florida Bar # 36296
Page 5 of 5EXHIBIT “B”Palm Beach Skate Zone
Waiver, Release, Assumption of Risk, and Indemnity Agreement
Waiver #2102008
Date January 3, 2019 7:37 PM
Participant name Breyana Wright
Email
Phone
Date of Birth April 26, 1999
Address
City
State
Zip
Check Ins
Jan 3, 2019 07:37 PM
Participant Agreement, Release and Assumption of Risk (The Agreement) ~ Skate Zone | have
voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and
all minor children under my supervision and referred to individually and collectively herein as
“Child”, to use the Skate Zone facilities and equipment located at 8125 Lake Worth Road, Lake
Worth, FL 33467, (the “Skate Zone’). In consideration for being allowed to use said facilities
and equipment, and any other services provided by Skate Zone or its employees or agents at
said location, or any other location within the State of Fiorida, | represent, acknowledge and
agree as follows: | acknowledge and agree that this Agreement covers and is intended to
release and provide other benefits, legal protections, and consideration to Skate Zone, Paim
Beach Skating Rinks, Inc. Specialty Rink Management, LLC, and any and ail related, sister or
affiliated entities, and their respective and collective agents, owners, officers, managers,
shareholders, affiliates, volunteers, participants, employees, and all other persons or entities
acting in any capacity on their respective or collective behalf (collectively, “SZ") RELEASE
OF POTENTIAL INJURIES | acknowledge and agree that ice skating and related
activittes at the Skate Zone and the participation in skating and other activities is inherently and
obviously dangerous. These risks include serious physical or emotional injury, paralysis,
deaih, damage to myselt, the Child, and/or third parties, and damage to personal property of
any or all such persons. | understand that such risks simply cannot be eliminated without
jeopardizing the essential qualities of the activity, which | further agree is for recreational
purposes and completely voluntary. | acknowledge and agree that, while the skating and other
activities that take place at the Skate Zone are monitored generally by Skate Zone employees,
itis not feasible far such employees to monitor the activities and actions of all customers at all
times or all customers simultaneously. Furthermore, Skate Zone employees have difficult jobs
to perform. They seek safety, but they are not infallible. They might be unaware of a
participant's health or abilities. They may give incomplete warnings or instructions, and the
equipment being used might malfunction. SPECIFIC RELEASE FOR “GLOW"
ACTIVITIES | acknowledge that the Skate Zone may at any time engage in a promotion
referred to as “Glow”, and other similar programs and activities, that involve the use of reduced
and altered or theatrical lighting and special effects, which can increase the inherent and
obvious dangers of the activity and can lead to physical or emotional injury, paralysis, death, or
damage to myself, the Child, and/or third parties, and damage to personal property of any or all
such persons. | understand that special rules apply to “Glow” activities, and the other programsand aciivilies that involve the use of reduced and altered or theatrical lighting and special
effects, and that | and the Child may choose not to participate in such activities. | acknowledge
and agree that | and the Child may participate voluntarily in the "Glow" and other similar
programs and activities solely and exclusively at our own risk, and that by participating, we
waive the right to seek damages for any injuries that accur. VOLUNTARY
ASSUMPTION OF RISK | acknowledge and agree that | and the Child are participating
voluntarily at our own risk. | acknowledge and agree that the actions or activities of other
customers or the actions or inactions of Skate Zone employees could cause me or the Child
significant bodily injury (as described in this Agreement), and that SZ is not responsible for the
actions or activities of customers using the Skate Zone or the negligence of its employees in
supervising the Skate Zone or its usage, including actions, activities, or omissions that result in
such harm, Some of the risks include, but are not limited to, the following: a) Participants may
die or become paralyzed, partially or fully, through their use of the Skate Zone and participation
in Skate Zone activities. b) Participants may suffer cuts, scrapes, bumps, bruises, concussions,
the transmission of disease strains and allergic reactions through use of the Skate Zone
equipment or contact with other participants or surfaces they have contacted. Participants may
sprain, pull, break or otherwise seriously, externally or internally injure their head, face
(including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or
other body paris as a result of falling or other equipment, landing improperly on the ice skates
or other equipment, or making contact with other participants. As noted in paragraph a) above,
such injuries can lead to paralysis, disfigurement or death. Participation may result in heat
stroke, heart attacks, dehydration and other exertion-related medical events. c) Participants
may fall on each other, resuiting in broken bones and other serious injuries., and other
Participant body movements (whether planned or unplanned] can create a rebound effect and
lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or
all of which can lead to serious injury. d) Traveling to and from the ice can resuit in similar
physical injury (even if the participant is not himself or herself skating or participating in risky
behavior at the time). e) Observing, standing, sifting or taking photographs at or near the ice or
any such activity can result in similar physical injury (even if the observer is not himself or
herself participating at the time). f} Participation during reduced or altered lighting “Glow”
avents can affect depth perception and visibility and may cause me and/or my Child to fail, slip.
misstep, collide with other skaters, or collide with equipment which can result in a greater risk
of serious physical or emotional injury, paralysis, or death. gJAGREEMENT TO PAY MY
OWN MEDICAL EXPENSES | acknowledge, accept, and assume the risk of any and all
medica conditions, limitations, or disabilities (whether temporary or permanent) that | or the
Child possess, whether known or unknown, which might contribute to or exacerbate any injury
lor the Child might sustain as a result of using the Skate Zane or any of its equipment. |
acknowledge and agree that if medical assistance (of any form, including emergency care,
hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of
any injury | or the Child sustains while using the Skate Zone, and such assistance shall be at
my own expense, RELEASE OF LIABILITY The parties to this Waiver and Release (including
Child) hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge
from liability and covenant not to sue SZ, and their successors, predecessors-in-interest, and
insurers (collectively, the “Releasees’) from any and all claims, demands, rights, actions, suits,
causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees,
damages, judgments and liabilities, of whatever kind or nature. in law, equity or otherwise,
whether now known or unknown, suspected or unsuspected, and whether or not concealed or
hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of
the Skate Zone, premises and/or its equipment (whether ice skating, ice, skates or otherwise),
the Child's and/or my entry into the Skate Zone, the condition, maintenance, inspection,
supervision, control or security of the Skate Zone, the failure to warn of dangerous conditions in
connection with the Skate Zone, and/or the acts or emissions of SZ or any of the Releases,
including, without limitation, any claim for negligence, personal injury, failure to warn or otheromission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or
death. | understand that this release and waiver applies not only to use of the ice, the ice,
skating, but also all other equipment, and all activities and games at the Skate Zone |
understand that this release and waiver applies to and includes all activities that lor my Child
engage in at the premises, whether inside or outside the Skate Zone | shall bring no claim
against SZ. in the event that any claim released herein is brought by, or asserted on behaif of,
the Releasing Parties, i shall immediately defend, indemnify and hoid harmiess the Releasees,
and any of them, from any loss or liability, including reasonable attorneys’ fees, associated
therewith or arising therefram. GOVERNING LAW This Agreement shall be governed
by, construed and interpreted in accordance with the laws of the State of
Florida, without regard to choice of law principies. PHOTO/VIDEO/SOCIAL
MEDIA WAIVER tn connection with my and the Child’s use of the Skate Zone, | consent to
the recording of the Child's and my physical likeness and/or vaice through mechanical,
photographic, technical. digital. electronic or other means (“Recordings”). | hereby consent to
and authorize SZ and its agents, representatives, employees, successors and assigns lo use,
in perpetuity, such Recordings, as well as the Chilc’s name and my name, for any purpose,
including advertising, promoting, exploiting and/or publicizing any Skate Zone event. | further
agree thai the foregoing includes the consent to use the Child’s and/or my physical likeness in
any form. In addition, | waive any and all claims | may have in connection with the Recordings.
TERM OF AGREEMENT | understand that this agreement extends forever into the future and
will have full force and legal effect each and every time | or my child{renJward(s] visit Skate
Zone, whether at the current location or any other location or facility. SAFETY IS YOUR
RESPONSIBILITY: | AND EACH CHILD AGREE TO FOLLOW THE CODE
OF PATRON RESPONSIBILITY: aj You acknowledge that there are inherent risks in
the participation in ice skating or otherwise being on ice, and that such risks include not only
the use of skates, but other activities and equipmeni as well. Patrons of an ice skating rink who
use skates, and those who engage in any other activities or use any other equipment, by
participation, accept the risks inherent in such participation of which the ordinary prudent
person is or should be aware. Patrons have a duly to exercise good judgment and actin a
responsible manner while using the skates, the ice rink and other equipment, and while
engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both,
prior to or during participation, or both. b] You have a duty to not participate in any activity on
any ice, or engage in any other activity or use any other equipment, when under the influence
of drugs or alcohol. c] You have a duty to properly use all safely equipment provided, whether
for the ice rink, or otherwise. d] You have a duty to not participate in any activity on any ice, or
engage in other activities or use other equipment, if you have pre-existing medical conditions,
circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee
or ankle conditions, high blood pressure, known pregnancy, any history of spine,
musculoskeletal or head injuries, or if you may be pregnant, e] You have a duly to remove
inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses,
badges and so forth. f] You have a duty to avoid bodily contact with other patrons. g] You have
a duty to conform with or meet height, weight or age restrictions imposed by the manulacturer
‘or owner to use or participate in any ice rink activity, whether involving the use of skates, or
otherwise. h] You have a duty to avoid crowding or overloading individual sections of the ice
rink, or other equipment, i] You have a duty to use the ice rink, and other equipment, within your
own limitations, training and acquired skills. j] You have a duty to avoid landing on the head or
neck. Serious injuries, paralysis or death can occur when skating on ice whether involving the
skates, other equipment, or otherwise. k] You also agree to fotiow and obey all posted and
stated wamings and patron education signs. 1] You agree to explain all satety rules to each
Child you accompany, and to ensure that each Child obeys the safety rules. NOTICE TO
THE MINOR CHILD'S PARENT, NATURAL GUARDIAN ORACCOMPANYINGADULT: READ THIS FORM COMPLETELY AND
CAREFULLY. YOU AREAGREEING TO LETYOUR MINOR CHILD OR
THE CHILD YOU ARE ACCOMPANYING ENGAGE IN A POTENTIALLY
DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SZ
ANDALL OTHER RELEASEES USE REASONABLE CARE IN PROVIDING
THIS ACTIVITY, THERE IS CHANCE YOUR CHILD MAYBESERIOUSLY
INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY
BECAUSETHERE ARE CERTAIN DANGERS INHERENT IN THE
ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY
SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT OR
THE RIGHTS OF THE CHILD YOU AREACCOMPANYING, AND YOUR
RIGHTTO RECOVER FROM SZ AND ALL OTHER RELEASES IN A
LAWSUIT FOR ANYPERSONAL INJURY, INCLUDING DEATH, O YOUR
CHILD OR THE CHILD YOU ARE ACCOMPANYING OR ANY PROPERTY
DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A
NATURALPART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE
TO SIGN THIS FORM, AND SZ AND ALL OTHER RELEASES HAVE THE
RIGHTTO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO
NOT SIGN THIS FORM. | have read and understood the preceding paragraph. I have
had sufficient opportunity to read this document. | have read and understood and agree to be
bound by its terms. | understand that employees working at the Skate Zone, including the
manager, do not have the authority to waive any provision of this Agreement. This Agreement
constitutes and contains the entire agreement between SZ and me relating to the Child's and
my use of the Skate Zone There are no other agreements, oral, written, or implied, with respect
to such matters. | further agree that this Release shali be construed in accordance with the
laws of the State of Florida. If any term or provision of this Release and Waiver shall be heid
illegal, unenforceable, or in conflict with any iaw governing this Release the validity of the
remaining portions shall not be affected thereby. By signing below, | represent and warrant that
| am ihe parent, legal guardian, natural guardian or power-of-attorney of the above listed
Child(ren) and have the authority ta execute this Agreement on his/her or their behalf and to act
on his/her or their behalf. | have read each and every paragraph in this document and !| and
they agree to be bound by the terms stated therein, including the release of fiability contained
therein. | further agree to indemnify and hold harmless the Releasees from any and all claims
which are brought by or on behalf of this Child or these minor Children, or any of them, which
are in any way connecied with, arise out of, or result from their use of the Skate Zone. | am 13
years of age or older. | am entering this agreement on behalf of myself, my spouse or domestic
partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns,
personal representatives, estate(s), and anyone else who can claim by or through such person
or persons (collectively, the “Releasing Parties"). IN SUMMARY, BY MY
SIGNATURE BELOW, | ACKNOWLEDGE THAT IF | OR ANY OF MY
CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND
PROHIBITSANY RECOVERY OF MONEY FROM ANY SZ OR ANY
SKATE ZONE RELATED ENTITY.
KKL yy
Breyana WrightEXHIBIT “C”In the Matter Of:
WRIGHT vs PALM BEACH SKATE ZON
50-2020-CA-007759
BREYANA WRIGHT
February 19, 2021
800.211.DEPO (3376)
EsquireSolutions.com
DEPOSITION SOLUTIONSBREYANA WRIGHT
WRIGHT vs PALM BEACH SKATE ZON
February 19, 2021
4
CASE NO.: 50-2020-CA-007759
BREYANA WRIGHT,
Plaintiff,
-vs-
PALM BEACH SKATE ZONE 2012, LLC,
Defendant.
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
VIDEO TELECONFERENCE
DEPOSITION OF BREYANA WRIGHT
CONDUCTED VIA ZOOM
Friday, February 19, 2021
1:06 - 3:21 p.m.
West Palm Beach, FL 33405
Reported By:
Tiffany Brouillette, RPR
Notary Public, State of Florida
Esquire Deposition Solutions
West Palm Beach Office Job #J6579228
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800.211.DEPO (3376)
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BREYANA WRIGHT
WRIGHT vs PALM BEACH SKATE ZON
February 19, 2021
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APPEARANCES VIA ZOOM:
On behalf of the Plaintiff:
MATTHEW R. NAPARSTEK, ESQUIRE
FELICE, EHRLICH & NAPARSTEK
3 Harvard Circle
West Palm Beach, FL 33409
561 444-8822
On behalf of the Defendant:
MICHAEL J. PEDOWITZ, ESQUIRE
BAUMANN, GANT & KEELEY, P.A.
1401 East Broward Boulevard
Suite 200
Fort Lauderdale, FL 33301
954 440-4613
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800.211.DEPO (3376)
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BREYANA WRIGHT
WRIGHT vs PALM BEACH SKATE ZON
February 19, 2021
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WITNESS:
BREYANA WRIGHT
BY MR. PEDOWITZ:
NUMBER DESCRIPTION PAGE
DEFENDANT'S [EXHIBIT WAIVER AGREEMENT 30
DEFENDANT'S [EXHIBIT 2] WRISTBAND PHOTO 47
DEFENDANT'S EXHIBIT 3 SURVEILLANCE VIDEO 51
**Defendant's Exhibit 3 was retained by Mr. Pedowitz.
DIRECT CROSS REDIRECT RECROSS
EXHIBITS
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BREYANA WRIGHT February 19, 2021
WRIGHT vs PALM BEACH SKATE ZON 4
PROCEEDINGS
Pursuant to the In re: COVID-19 Emergency
Procedures for the Administering of Oaths Via Remote
Audio-Video Communication Equipment dated March 18 2020,
this deposition of BREYANA WRIGHT is being conducted
remotely via Zoom. Today’s date is Friday, February 19,
2021, and the time is 1:06 p.m.
The witness is located in West Palm Beach, Florida.
My name is Tiffany Brouillette. I am administering the
oath and reporting the deposition remotely by
stenographic means from my residence within the State of
Florida.
The witness has positively identified to me that
she is Breyana Wright.
Would counsel, please, state their appearances for
the record and express their stipulation that this
deposition may take place with a remote administration
of the oath and remote reporting of the deposition.
MR. PEDOWITZ: Michael Pedowitz on behalf of
the Defendant, and we agree and consent.
MR. NAPARSTEK: Matt Naparstek on behalf of
Ms. Wright, and we agree.
Thereupon,
(BREYANA WRIGHT)
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BREYANA WRIGHT February 19, 2021
WRIGHT vs PALM BEACH SKATE ZON 5
having been first duly sworn or affirmed, was examined
and testified as follows:
THE WITNESS: Yes.
DIRECT EXAMINATION
BY MR. PEDOWITZ:
Q. Please, state your full name for the record.
A. Breyana Lynn Wright.
Q. All right. Good afternoon, Ms. Wright. My
name is Michael Pedowitz. I represent Palm Beach Skate
Zone in this case. Have you ever given your deposition
before?
A. No.
Q. Okay. I want to go over a couple ground rules
so that you and I are on the same page. It's a little
different because we're doing it via Zoom and not in
person like we typically would do when it was not COVID.
So, even though it's remote, it's still going to have
the same effect. Okay?
A. Okay.
Q. I'm going to ask you a bunch of questions
today, and the court reporter, who you can see on the
screen, is going to be taking down everything that I
say, and then you're going to provide all the answers to
the questions. We do this so we have a clean record.
In case we need to go in front of the court, it says:
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BREYANA WRIGHT February 19, 2021
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Question, answer. It's a clear dialogue. Okay?
A. Okay.
Q. Although I can see you right now and I can see
you may shake your head yes or no to understand or
answer a question, I need you to answer every question
verbally so that the court reporter can take down
exactly what you said in your response. Okay?
A. Okay.
Q. If I say, Is that a yes, or, Is that ano, I'm
not trying to be rude. I'm just trying to make sure
that it's clear for the record. Okay?
A. Okay.
Q. If I ask you a question and you don't
understand it, that's perfectly okay. Sometimes I'll
ask a poor question. Please, let me know that you don't
understand it, and I'll do my best to rephrase it for
you. But if you answer a question, I'm going to assume
that you understood my question. Okay?
A. Okay.
Q. We'll be here for a little bit of time but if
you need a break at any point, you need to go to the
bathroom, grab a drink of water or something to eat,
that's okay. Just let me know that you want to take a
break, and I'd just ask that you answer the last
question that's pending. Okay?
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A.
Fee
Okay.
What's your date birth?
4/26/99.
And where do you currently reside?
I reside on 444 Malverne Road. That's in West
Palm Beach, Florida, and the zip code is 33405.
Q
A
Q
A.
Q
A
Q
A
Q.
Is that a home, or is that an apartment?
It's a duplex. It's Apartment B.
Okay. And who do you live there with?
I live here with my boyfriend and his family.
And what's your boyfriend's name?
Juan Cordova.
How long have you lived at this address for?
Since January of 2018.
And you said that you live with Mr. Cordova
and his family?
A.
p> Oo
Q.
Yes.
Who else in his family lives at that address?
Do you want me to give names?
Yes, please.
Okay. His mother is Yamile Heredia.
I apologize. Can you spell that because I
didn't catch that name?
A.
Heredia.
Yes. It's Y-A-M-I-L-E, and the last name is
It's H-E-R-E-D-I-A.
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Q. Okay. That's your boyfriend's mother, right?
Yes.
Okay. Who else lives there?
His step-father. His name is Braulio.
Spell it, please.
Do you want me to --
Ce ese
Yes, please.
A. B-R-A-U-L-I-0O, and his last name is Caniz.
It's C-A-N-I-Z.
Q. Okay. So, we have your boyfriend's mother and
step-father. Anyone else reside at the house with you
guys?
A. Yes.
Q. Who else?
A. His grandmother. Her name is Delmis Martinez.
I can spell that, too.
Q. Yes, please.
A. D-E-L-M-I-S, and the last name is Martinez.
Q. I got that.
A. Okay.
Q. Okay.
A.
So, his brother Reynaldo Cordova, and that's
R-E-Y-N-A-L-D-0O, and Cordova.
Q. Got it. Anyone else that we haven't talked
about ?
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A. Yes, his sister Alice Cordova.
A-L-I-C-E?
Yes.
Okay.
That's it.
Packed house over there.
Pee ae eee
Yes.
Q. Okay. And you mentioned you've lived at that
address since January of 2018, correct?
A. Yes.
Q. Prior to moving in with your boyfriend and his
family, where did you live?
A. With my parents. That's --
Q. Do you know the address?
A. It's 2412 S.E. Victory Avenue, and that's in
Port St. Lucie, Florida, and the zip code is 34952.
Q. What are your parents' names?
A. My dad's name is Orville Wright, and my mom is
Alicia Wright, and that's A-L-I-C-I-A.
Q. Do they still live in Port St. Lucie?
A. Yes.
Q. Okay. And you lived there growing up until
you moved out in January of 2018?
A. Not growing up. I lived there since
approximately October of 2015, I want to say, or it
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> Oo FO FOF OP OULULDPULCUDPlUUULP
Q.
correctly.
Cooper.
A.
7
PO
could be possibly 2014.
Okay. Do you have any siblings?
Yes, I do.
What are their names?
Well, they're half siblings.
Okay. Do they live with you?
They did live with me before, years ago.
Okay. What are their names?
So, Brandon Cooper.
How old is Brandon?
He's 27.
Okay.
Brennan Cooper.
Brandon and Brendon?
Brennan, no D.
Okay.
He is 27, as well.
I just want to make sure I heard you
You said Brandon Cooper and then Brennan
Yes.
Okay. Also 27?
Yes, they're twins.
Okay.
There's Corey Cooper. He is 30, and then my
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sister Kaitlin Wright. It's K-A-I-T-L-I-N.
Q. And how old is she?
A. She is approximately 29, 28 or 29.
Q. All right.
A. And then I have one more brother. His name is
Tim Wright.
Q. How old is he?
A. 27.
Q. Any other siblings that we haven't talked
about?
A. No.
Q. Okay. Did your siblings live with you at your
parents house in Port St. Lucie?
A. Only Corey lived at the house in Port St.
Lucie.
Q. Okay. Have you ever lived in any other state
other than Florida?
A. No.
Q. How about any other country?
A. No.
Q. Now, when we sent you some discovery
responses, I believe there was an objection to providing
your Social Security number to them. So, I'm going to
ask at this point that we go off the record, and that
you provide me with your Social Security number. By
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going off the record, there won't be any notes of this
being provided. Okay?
A. Okay.
MR. PEDOWITZ: Madam court reporter, can we,
please, go off the record.
(Off the record.)
MR. PEDOWITZ: Let's go back on the record.
BY MR. PEDOWITZ:
Q. Ms. Wright, you gave me your Social Security
number off the record, correct?
A. Yes.
Q. Do you have a cell phone?
A. Yes.
Q. What is your cell phone number?
A. (561)512-3158.
Q. And who's your cell phone provider?
A. Verizon.
Q. How long have you had this number for?
A. Approximately 10 years.
Q. Is this a cell phone through an employer, or
it's a personal cell phone?
A. Personal.
Q. What type of cell phone do you have?
A. An iPhone 10R.
Q. Is that the same phone that you had on the
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date of the incident that we're here to talk about?
A. No.
Q. Did you take any photographs or videos on your
cell phone at the time of this accident?
A. No, not that I can recall.
Q. If any photographs were taken on your phone
that you no longer have, it would have been uploaded to
The Cloud; is that correct?
A. I believe so.
MR. NAPARSTEK: Object to the form.
BY MR. PEDOWITZ:
Q. So, if you have any photographs from that
evening on your phone, you would be able to provide them
to your attorney, correct?
MR. NAPARSTEK: Speculation.
THE WITNESS: I'm sorry?
MR. NAPARSTEK: You can answer.
THE WITNESS: Yes.
BY MR. PEDOWITZ:
Q Do you have an e-mail address?
A. Yes.
Q What is it?
A. It's Wright, my last name Wright, the letters
B-L, and it's 2699 at gmail.com.
Q. BL2699?
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A. You got Wright in front of that.
Q. Wright B, the letter L, and then what was the
numbers?
A. 2699.
That's gmail?
A. Yes.
Q. And that's a personal e-mail address, correct?
A. Yes.
eee eee
Q.
Facebook,
A.
Q
A.
Q
school e-mail address?
Okay. Do you have a work e-mail address or
I do have a school e-mail address.
Okay. What's your school e-mail address?
It's Wrightb1é@my.palmbeachstate. EDU.
Are you still enrolled at Palm Beach State?
Yes.
Okay. What are you studying?
Nursing.
When are you expected to graduate?
May 2021.
Do you have any social media accounts:
Instagram, Twitter?
Yes.
Which ones do you have?
I have Facebook, Instagram.
Do you have Snapchat?
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A. Yes.
Q. Are you an active user on these social media
accounts?
A. Yes.
Q. Do you post photographs and different
information to your Facebook account or your Instagram
account?
A. Yes.
Q. How long have you been active over Facebook or
Instagram?
A. On Facebook, since around 2011. Instagram
since around 2014.
What's your user name on Facebook?
It's my name, Breyana Wright.
Q
A
Q. Is it the same thing on Instagram?
A It's BREY_W.
Q That's it?
A Yes.
Q. Have you posted any pictures to Facebook or
Instagram within the last 60 days?
A. Yes.
Q. I'm going to ask that you don't delete any
photographs that you may have posted on your social
media accounts. Okay?
A. Okay.
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Q. Because we may be requesting copies of those.
Are you currently -- strike that.
You mentioned you're in a relationship with
Juan Cordova, correct?
A. I'm sorry?
Q. You mentioned you're in a relationship with
Juan Cordova, correct?
A. Yes.
Q Have you ever been married?
A. No.
Q Do you have any children?
A No.
Q. Were you in a relationship with Mr. Cordova on
the date of the incident that we're here to talk about?
A. Yes.
Q Have you ever been known by any other name?
A. No.
Q I ask this question of everyone. So, please,
don't be offended. Have you ever been arrested?
No.
Q. Have you ever been a party to a lawsuit before
other than this one?
A. Not that I can recall.
Q. Have you ever made a claim before for an
injury or an accident that may have occurred?
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A. No.
Q. Okay. Do you own or lease a vehicle?
A. I own a vehicle.
Q. Okay. What type of vehicle is that?
A. It's a 2018 Hyundai, Sonata.
Q. Hyundai, Sonata?
A. Yeah.
Q. How long have you owned this vehicle for?
A. Since July of 2020.
Q. Prior to this 2018 Hyundai, Sonata, did you
own or lease any other vehicles?
A. Yes, I owned -- it was a 2005 Honda, CRV.
Q. Okay.
A. Can I clarify?
Q. Of course.
A. The Sonata, I'm financing it. So, I don't
want to say that.
Q. You'll own it outright but eventually; is that
right?
A. Yes.
Q. Other than these two vehicles that we talked
about, did you own any other vehicles within the 10
years prior to this accident?
A. No.
Q. Have you been involved in any motor vehicle
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accidents prior to the date of this incident of
January 3rd, 2019?
A. No.
Q. Have you ever been involved in a motor vehicle
accident?
A. Not that I can recall.
Do you have auto insurance?
A. Yes.
Q. Who is that with?
A. Progressive.
Q. Have you always had Progressive, or did you
switch to a different auto carrier?
A. I did have a different carrier before but the
name is slipping my mind at this moment.
Q. Okay. How long have you had Progressive for?
A. Since July.
Q. So, Progressive Insurance would cover the 2018
Hyundai, Sonata?
A. Yes.
Did you ever make any claims with Progressive?
No.
No.
Q
A
Q. Do you wear glasses?
A
Q Contact lenses?
A
No.
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Q. You mentioned that you're in a nursing school
at Palm Beach State. Did you graduate high school?
A. Yes.
What high school did you graduate from?
It's Mosaic Digital Academy.
Mosaic Digital Academy; is that right?
Q
A
Q
A. Yes.
Q Where are they based?
A It's Port St. Lucie, Florida.
Q What year did you graduate?
A May 2017.
Q. And after graduating from high school, did you
go straight to college?
A. Yes.
Q. Okay. And where did you enroll?
A. I enrolled at Indian River State College. I
was dually enrolled. So, I enrolled in approximately
2016.
Q. Okay. And did you obtain any degree from
Indian River State College?
A. No.
Q. Did you transfer from Indian River to another
school?
A. Yes.
Q. Where did you transfer to?
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A. Palm Beach State College.
Q. After how long did you transfer?
A. I transferred in January of 2018.
Q. So, did you do approximately a year or half a
semester there?
A. I was at Indian River State College since
2016. So, I would say I did approximately four
semesters.
Q. Got it. So, you transferred in January of
2018. I had that right, correct?
A. Yes.
Q. Okay. And have you always been studying
nursing?
A. I've been studying nursing specifically since
2018. I think my major before that was pre-vet.
Q. Pre what? Vet?
A. Yes.
Q. And you're expected to graduate in May of
2020 -- what did you say? 2021, correct? So, this
coming May?
A. Yes.
With a degree in nursing?
A. Yes.
Q. Are you currently employed?
A. No.
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Q. Let me ask you this. Are you making a claim
for lost wages as part of this claim?
A. No.
Q. Have you ever been required to take a physical
by any of your previous employers?
A. No.
Q. Have you ever been employed?
A. Yes.
Q. Okay. Where did you work?
A. My most recent job was Kipling, and that was
from May 2018 to March 2020.
Q. Okay. What did you do for Kipling?
A. I was a sales associate, and then I became a
key holder.
Q. Okay. Where else did you work besides
Kipling?
A. I worked at Duffy's Sports Grill.
Q. Okay.
A. That was from approximately -- that was in the
year of 2019 but the actual months are slipping my mind.
Q. That's okay. Any other jobs?
A. Yes, Old Navy.
Q. Let me go back for a second to Duffy's. What
did you do for them there?
A. I was a hostess.
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Q. Okay. And for Old Navy, what did you do for
them?
A. Sales associate.
Q. How long did you work for them for?
A. I believe I had a break in employment but the
total amount of time was approximately six months.
Q. Was that before or after you worked for
Duffy's, or was it simultaneously?
A. It was before I worked for Duffy's.
Q. So, around 2018?
A. Yes.
Q. Okay. Now, this accident took place in
January of 2019, and it looks like you were working for
possibly Duffy's and/or Kipling at that time. Did you
have to miss any time from work as a result of this
accident?
A. Yes.
Where were you working at the time?
A. At Kipling.
Q. Okay. And how long did you miss?
A. Approximately six weeks.
Q. Did you receive any accommodations when you
returned to work?
A. Accommodations? Can you clarify
accommodations.
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Q. Sure. Did your employer Kipling do anything
to assist you with your injuries when you returned to
work?
A. No.
Q. I want to talk about your prior medical
history, and when I say prior, I'm referring to prior to
the date of this incident of January 3rd, 2019. Okay?
A. Okay.
Q. So, I know this was a while ago but to the
best of your recollection, I'm going to ask you a couple
questions about some of the medical treatment you may or
may not have received prior to this incident. Okay?
A. Okay.
Q. Prior to January 3rd, 2019, do you recall who
your family physician was?
A. Dr. Malcolm was my physician -- my
pediatrician.
Q. Okay. Is his last name Malcolm, or is that
his first name?
A. Last name.
Q. What's his first name; if you recall?
A. I don't recall her first name.
Q. It's a woman?
A. Yes.
Q. Okay. Where was Dr. Malcolm based out of?
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A. Delray Beach.
Q. Do you recall who or if you saw a doctor while
you were living in Port St. Lucie?
A. I don't recall seeing a doctor in Port St.
Lucie.
Q. Okay. You said Dr. Malcolm was a
pediatrician?
A. Yes.
Q. You saw Dr. Malcolm prior to this incident,
right?
A. I saw Dr. Malcolm until approximately 2010.
Q. Okay. Did you see any other doctors in
between Dr. Malcolm and January 3rd of 2019?
A. I do not recall having a primary care but I
would attend businesses such as Urgent Care or MD Now.
Q. Okay. Prior to January 3rd, 2019, have you
been under the care of any health care provider for any
reason other than a cold or flu?
A. Not that I can recall.
Q. Have you ever been hospitalized for any reason
prior to January 3rd, 2019?
A. Not that I can recall.
Q. In the year prior to this accident on
January 3rd, 2019, did you sustain any injuries to your
legs or ankles?
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A. No.
Q. Do you recall when you were last examined by a
doctor prior to January 3rd, 2019?
A. I don't know, and I don't want to guess.
Q. Okay. Would you go in for an annual check-up
with a doctor?
A. Not in the year prior to the accident, no.
Q. Did you have like an annual -- strike that.
Subsequent to this accident, would you have an
annual check-up with your doctor?
A. Not regularly, no.
Q. Okay. Prior to this accident of January 3rd,
2019, did you sustain any slip and falls or been
involved in any motor vehicle accidents that we haven't
talked about?
A. Not that I can recall.
Q. So, let's talk a little bit about this
accident that we're here to focus on. Okay? So, let's
turn our attention to that. It's my understanding this
happened at the Palm Beach Skate Zone, correct?
A. Yes.
Q. Describe your day for me leading up to going
to the Skate Zone. Do you recall what day of the week
it was?
A. It was a Thursday, I believe.
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Q. Okay. Did you do anything in particular on
that day prior to going to the Skate Zone?
A. It was a normal day. I believe I may have
gone for a drive but mostly I was at home.
Q. Did you have classes that day?
A. Not that I can recall.
Q. Do you take any medications that would affect
your ability to recall events from that time?
A. No.
Q. Did you take any medications on the day of
this incident?
A. No.
Q. Had you ever been to Palm Beach Skate Zone
before?
A. No.
Q. Why did you decide to go there?
A. My friends had been skating there before, and
I wanted to try something -- it was the new year. So, I
just wanted to try it out and see if I liked it.
Q. Who did you go with that evening?
A. I went with my boyfriend, his brother
Reynaldo, and I went with a friend Clifford.
Q. It was just the four of you?
A. Yes.
Q. Had your boyfriend Juan been to Palm Beach
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Skate Zone before?
A Not that I can recall.
Q What about your boyfriend's brother Reynaldo?
A. Yes.
Q He's been there?
A Yes.
What about your friend Clifford, had he ever
been to Palm Beach Skate Zone?
Yes.
Are they both familiar with the Skate Zone?
Yes.
a
Are they experienced skaters?
A. I would not say they're experienced but they
had done it before.
Q. Okay. Had your brother ever been ice skating
before?
A. Not that I know of.
Q. Had you ever been ice skating before?
A. No.
Q. Okay. So, the four of you decide to go to
Palm Beach Skate Zone that evening, correct?
A. Yes.
Q. Did you all drive in one car, or did you drive
separately?
A. In one car.
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Q. Who drove?
A. Reynaldo.
Q. And do you recall what time you arrived at
Palm Beach Skate Zone?
A. I do not recall the exact time. It would be
approximately 7:30.
Q. And were you aware of what type of event was
going on at Palm Beach Skate Zone that evening?
A. I don't know.
Q. Was it an open skating or public skating so
that anyone could go, or was it a, you know, private
lesson type event that was happening?
A. Okay. It was open skate.
Q. Okay. So, anyone was able to go there,
correct?
MR. NAPARSTEK: Speculation.
THE WITNESS: I do not know.
BY MR. PEDOWITZ:
Q. Have you ever been to any type of facility
similar to Palm Beach Skate Zone like Extreme Action
Park or Boomers, Dave and Bus
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Filing # 135403817 E-Filed 09/27/2021 04:39:24 PM IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA BREYANA WRIGHT, CASE NO.: 50-2020-CA-007759 Plaintiff, vs. PALM BEACH SKATE ZONE 2012 LLC, Defendant. / DEFENDANT’S, PALM BEACH SKATE ZONE 2012, LLC NOTICE OF FILING IN SUPPORT OF DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT COMES NOW, the Defendant, PALM BEACH SKATE ZONE 2012, LLC, and hereby files its Notice of Filing and Intention to Rely on the following exhibits in Support of PALM BEACH SKATE ZONE 2012, LLC’s Motion for Final Summary Judgment. 1. Exhibit A — Plaintiff's Complaint 2. Exhibit B — Plaintiff's Executed Waiver, Release, Assumption of Risk and Indemnity Agreement 3. Exhibit C — Deposition Transcript of Plaintiff, Breyana Wright (CERTIFICATE OF SERVICE ON THE FOLLOWING PAGE) CASE NO.: 50-2020-CA-007759 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/27/2021 04:39:24 PM ***CERTIFICATE OF SERVICE WE HEREBY CERTIFY a true and correct copy of the foregoing was served via electronic mail pursuant to Florida Rule of Judicial Administration 2.516 using Florida Court’s E-Filing Portal to: all counsel of record on September 27, 2021. CASE NO.: 50-2020-CA-007759 BAUMANN, GANT & KEELEY, P.A. Attorneys for Defendant, PALM BEACH SKATE ZONE 2012, LLC 1401 East Broward Boulevard, Suite 200 Fort Lauderdale, FL 33301 Phone: (954) 440-4611 Fax: (954) 440-4613 /s/ Michael J. Pedowitz Gary F. Baumann, Esq. FL Bar No.: 089052 gbaumann@baumannlegal.com Michael J. Pedowitz, Esq. FL Bar No.: 1002540 mpedowitz@baumannlegal.comEXHIBIT “A”Filing # 110709184 E-Filed 07/23/2020 03:42:52 PM IN THE CIRCUIT COURT OF THE * FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BREYANA WRIGHT, CASE NO.: Plaintiff, vs. PALM BEACH SKATE ZONE 2012 LLC, Defendant. COMPLAINT COMES NOW, Plaintiff, BREYANA WRIGHT, by and through the undersigned counsel, hereby sues Defendant, PALM BEACH SKATE ZONE 2012 LLC (“PALM BEACH SKATE ZONE”), a Florida Limited Liability Company, and in support thereof states: 1. This is an action for damages in excess of $30,000.00, exclusive of costs, interest, and attorney’s fees. All conditions precedent to the filing of this action have been performed or have been waived. At all times material hereto, Plaintiff, BREYANA WRIGHT, was a resident of Palm Beach County, Florida over the age of eighteen (18) and is otherwise sui juris. At all times material hereto, Defendant, PALM BEACH SKATE ZONE, was a business entity licensed to conduct business in the State of Florida and was doing business in Palm Beach County, Florida. Atall times material hereto, Defendant, PALM BEACH SKATE ZONE, by and through its Page 1 of 510. LL. 12. employees and/or agents, owned, possessed, operated, managed, and/or controlled its ice skating facility located at 8125 Lake Worth Road, Lake Worth, Palm Beach County, FL 33467 (hereinafter referred to as “Premises”). Atall times material hereto, Defendant, PALM BEACH SKATE ZONE, by and through its employees and/or agents was responsible for maintaining its Premises in a reasonably safe manner and was responsible for providing for the safety of its business invitees. Atall times material hereto, Defendant, PALM BEACH SKATE ZONE, was responsible for supervising all employees and/or agents working at its Premises. Atall times material hereto, Defendant, PALM BEACH SKATE ZONE, was responsible for hiring and training all employees and/or agents working at its Premises. Venue is proper in Palm Beach County, Florida because the acts and omissions referred to herein occurred in Palm Beach County, Florida and the place of business of Defendant, PALM BEACH SKATE ZONE, is located in Palm Beach County, Florida,. COUNT I~ NEGLIGENCE AGAINST DEFENDANT, PALM BEACH SKATE ZONE Plaintiff adopts and reincorporates by reference Paragraphs | through 9 as if more fully set forth herein. On or about January 3, 2019, Plaintiff, BREYANA WRIGHT, entered the Premises as an express and/or implied business invitee of Defendant, PALM BEACH SKATE ZONE and tented a pair of ice skates. Defendant, PALM BEACH SKATE ZONE, owed a duty to exercise reasonable care and diligence to provide safe, correct, and appropriate equipment, including ice skates, for the safety of business invitees on the Premises, including Plaintiff, BREYANA WRIGHT. Page 2 of 513. Defendant, PALM BEACH SKATE ZONE, provided Plaintiff, BREY ANA WRIGHT, with improper, unsafe, an inappropriate ice skates that had a toe pick(s). 14. Defendant, PALM BEACH SKATE ZONE, negligently failed and breached its to duty to Plaintiff, BREY ANA WRIGHT, by: a. Failing to provide safe, correct, and appropriate ice skates to Plaintiff, BREYANA WRIGHT; Failing to provide warnings and/or instructions regarding the use of the ice skates to Plaintiff, BREYANA WRIGHT; Failing to inquire about Plaintiff, BREYANA WRIGHT’s, ice skating experience and abilities; Failing to have policies and procedures in place to ensure that business invitees, such as Plaintiff, BREYANA WRIGHT, were provided safe, correct, and appropriate ice skates; failing to have policies and procedures in place that provided warnings and/or instructions regarding the use of ice skates to business invitees, such as Plaintiff, BREY ANA WRIGHT; and failing to have policies and procedures in place regarding inquiring about the ice skating experience and abilities of business invitees, such as Plaintiff, BREYANA WRIGHT. Failing to make a reasonable investigation into the qualification, competency, training, and experience of its employees and/or agents; Failing to train its employees and/or agents to provide safe, correct, and appropriate ice skates to business invitees, such as Plaintiff, BREYANA Page 3 of 5WRIGHT; failing to train its employees and/or agents in providing warnings and/or instructions regarding the use of ice skates to business invitees, such as Plaintiff, BREYANA WRIGHT; and failing to train its employees and/or agents in proper methods for inquiring about the experience and abilities of business invitees, such as Plaintiff, BREYANA WRIGHT. 2. Failing to supervise and control its employees, representatives, agents, and/or other personnel. 15. The dangerous situation was created by and/or known to Defendant, PALM BEACH SKATE ZONE, or had Defendant, PALM BEACH SKATE ZONE, exercised reasonable care, would and should have known of it. 16. The dangerous situation occurred with regularity and was therefore foreseeable. 17. As a result of Defendant, PALM BEACH SKATE ZONE’s, negligence, Plaintiff, BREYANA WRIGHT, fell. 18. Asa direct and proximate result of the aforementioned fall, Plaintiff, BREYANA WRIGHT, suffered serious, permanent bodily injuries and resulting pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, incurred expenses of hospitalization, medical, chiropractic and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition, disease or physical defect. Plaintiff, BREYANA WRIGHT, shall suffer additional losses in the future. WHEREFORE, Plaintiff, BREY ANA WRIGHT, demands judgment for all damages allowable Page 4 of 5under Florida law against Defendant, PALM BEACH SKATE ZONE, in an amount in excess of the jurisdictional limits of this Honorable Court, together with Plaintiff, BREYANA WRIGHT’s, costs and for any and all further relief this Honorable Court deems just and proper. PLAINTIFF DEMANDS TRIAL BY JURY ON ALL ISSUES SO TRIABLE. RESPECTFULLY SUBMITTED this 23" day of July, 2020. e] Matthew R. , 2g, Matthew R. Naparstek, Esq. Felice and Ehrlich 3 Harvard Circle Palm Beach Gardens, FL 33409 (561) 444-8822 - Telephone (561) 514-4946 - Facsimile Primary Email — Matt@injurytrialattorneys.com. Secondary Email — Kellie@injurytrialattorneys.com Secondary Email — Samantha@injurytrialattorneys.com Florida Bar # 36296 Page 5 of 5EXHIBIT “B”Palm Beach Skate Zone Waiver, Release, Assumption of Risk, and Indemnity Agreement Waiver #2102008 Date January 3, 2019 7:37 PM Participant name Breyana Wright Email Phone Date of Birth April 26, 1999 Address City State Zip Check Ins Jan 3, 2019 07:37 PM Participant Agreement, Release and Assumption of Risk (The Agreement) ~ Skate Zone | have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use the Skate Zone facilities and equipment located at 8125 Lake Worth Road, Lake Worth, FL 33467, (the “Skate Zone’). In consideration for being allowed to use said facilities and equipment, and any other services provided by Skate Zone or its employees or agents at said location, or any other location within the State of Fiorida, | represent, acknowledge and agree as follows: | acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Skate Zone, Paim Beach Skating Rinks, Inc. Specialty Rink Management, LLC, and any and ail related, sister or affiliated entities, and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, “SZ") RELEASE OF POTENTIAL INJURIES | acknowledge and agree that ice skating and related activittes at the Skate Zone and the participation in skating and other activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, deaih, damage to myselt, the Child, and/or third parties, and damage to personal property of any or all such persons. | understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which | further agree is for recreational purposes and completely voluntary. | acknowledge and agree that, while the skating and other activities that take place at the Skate Zone are monitored generally by Skate Zone employees, itis not feasible far such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, Skate Zone employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. SPECIFIC RELEASE FOR “GLOW" ACTIVITIES | acknowledge that the Skate Zone may at any time engage in a promotion referred to as “Glow”, and other similar programs and activities, that involve the use of reduced and altered or theatrical lighting and special effects, which can increase the inherent and obvious dangers of the activity and can lead to physical or emotional injury, paralysis, death, or damage to myself, the Child, and/or third parties, and damage to personal property of any or all such persons. | understand that special rules apply to “Glow” activities, and the other programsand aciivilies that involve the use of reduced and altered or theatrical lighting and special effects, and that | and the Child may choose not to participate in such activities. | acknowledge and agree that | and the Child may participate voluntarily in the "Glow" and other similar programs and activities solely and exclusively at our own risk, and that by participating, we waive the right to seek damages for any injuries that accur. VOLUNTARY ASSUMPTION OF RISK | acknowledge and agree that | and the Child are participating voluntarily at our own risk. | acknowledge and agree that the actions or activities of other customers or the actions or inactions of Skate Zone employees could cause me or the Child significant bodily injury (as described in this Agreement), and that SZ is not responsible for the actions or activities of customers using the Skate Zone or the negligence of its employees in supervising the Skate Zone or its usage, including actions, activities, or omissions that result in such harm, Some of the risks include, but are not limited to, the following: a) Participants may die or become paralyzed, partially or fully, through their use of the Skate Zone and participation in Skate Zone activities. b) Participants may suffer cuts, scrapes, bumps, bruises, concussions, the transmission of disease strains and allergic reactions through use of the Skate Zone equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously, externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body paris as a result of falling or other equipment, landing improperly on the ice skates or other equipment, or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events. c) Participants may fall on each other, resuiting in broken bones and other serious injuries., and other Participant body movements (whether planned or unplanned] can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury. d) Traveling to and from the ice can resuit in similar physical injury (even if the participant is not himself or herself skating or participating in risky behavior at the time). e) Observing, standing, sifting or taking photographs at or near the ice or any such activity can result in similar physical injury (even if the observer is not himself or herself participating at the time). f} Participation during reduced or altered lighting “Glow” avents can affect depth perception and visibility and may cause me and/or my Child to fail, slip. misstep, collide with other skaters, or collide with equipment which can result in a greater risk of serious physical or emotional injury, paralysis, or death. gJAGREEMENT TO PAY MY OWN MEDICAL EXPENSES | acknowledge, accept, and assume the risk of any and all medica conditions, limitations, or disabilities (whether temporary or permanent) that | or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury lor the Child might sustain as a result of using the Skate Zane or any of its equipment. | acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury | or the Child sustains while using the Skate Zone, and such assistance shall be at my own expense, RELEASE OF LIABILITY The parties to this Waiver and Release (including Child) hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue SZ, and their successors, predecessors-in-interest, and insurers (collectively, the “Releasees’) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature. in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of the Skate Zone, premises and/or its equipment (whether ice skating, ice, skates or otherwise), the Child's and/or my entry into the Skate Zone, the condition, maintenance, inspection, supervision, control or security of the Skate Zone, the failure to warn of dangerous conditions in connection with the Skate Zone, and/or the acts or emissions of SZ or any of the Releases, including, without limitation, any claim for negligence, personal injury, failure to warn or otheromission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. | understand that this release and waiver applies not only to use of the ice, the ice, skating, but also all other equipment, and all activities and games at the Skate Zone | understand that this release and waiver applies to and includes all activities that lor my Child engage in at the premises, whether inside or outside the Skate Zone | shall bring no claim against SZ. in the event that any claim released herein is brought by, or asserted on behaif of, the Releasing Parties, i shall immediately defend, indemnify and hoid harmiess the Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefram. GOVERNING LAW This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida, without regard to choice of law principies. PHOTO/VIDEO/SOCIAL MEDIA WAIVER tn connection with my and the Child’s use of the Skate Zone, | consent to the recording of the Child's and my physical likeness and/or vaice through mechanical, photographic, technical. digital. electronic or other means (“Recordings”). | hereby consent to and authorize SZ and its agents, representatives, employees, successors and assigns lo use, in perpetuity, such Recordings, as well as the Chilc’s name and my name, for any purpose, including advertising, promoting, exploiting and/or publicizing any Skate Zone event. | further agree thai the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, | waive any and all claims | may have in connection with the Recordings. TERM OF AGREEMENT | understand that this agreement extends forever into the future and will have full force and legal effect each and every time | or my child{renJward(s] visit Skate Zone, whether at the current location or any other location or facility. SAFETY IS YOUR RESPONSIBILITY: | AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY: aj You acknowledge that there are inherent risks in the participation in ice skating or otherwise being on ice, and that such risks include not only the use of skates, but other activities and equipmeni as well. Patrons of an ice skating rink who use skates, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duly to exercise good judgment and actin a responsible manner while using the skates, the ice rink and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both. b] You have a duty to not participate in any activity on any ice, or engage in any other activity or use any other equipment, when under the influence of drugs or alcohol. c] You have a duty to properly use all safely equipment provided, whether for the ice rink, or otherwise. d] You have a duty to not participate in any activity on any ice, or engage in other activities or use other equipment, if you have pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, known pregnancy, any history of spine, musculoskeletal or head injuries, or if you may be pregnant, e] You have a duly to remove inappropriate attire including hard, sharp or dangerous objects such as buckles, pens, purses, badges and so forth. f] You have a duty to avoid bodily contact with other patrons. g] You have a duty to conform with or meet height, weight or age restrictions imposed by the manulacturer ‘or owner to use or participate in any ice rink activity, whether involving the use of skates, or otherwise. h] You have a duty to avoid crowding or overloading individual sections of the ice rink, or other equipment, i] You have a duty to use the ice rink, and other equipment, within your own limitations, training and acquired skills. j] You have a duty to avoid landing on the head or neck. Serious injuries, paralysis or death can occur when skating on ice whether involving the skates, other equipment, or otherwise. k] You also agree to fotiow and obey all posted and stated wamings and patron education signs. 1] You agree to explain all satety rules to each Child you accompany, and to ensure that each Child obeys the safety rules. NOTICE TO THE MINOR CHILD'S PARENT, NATURAL GUARDIAN ORACCOMPANYINGADULT: READ THIS FORM COMPLETELY AND CAREFULLY. YOU AREAGREEING TO LETYOUR MINOR CHILD OR THE CHILD YOU ARE ACCOMPANYING ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SZ ANDALL OTHER RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS CHANCE YOUR CHILD MAYBESERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSETHERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT OR THE RIGHTS OF THE CHILD YOU AREACCOMPANYING, AND YOUR RIGHTTO RECOVER FROM SZ AND ALL OTHER RELEASES IN A LAWSUIT FOR ANYPERSONAL INJURY, INCLUDING DEATH, O YOUR CHILD OR THE CHILD YOU ARE ACCOMPANYING OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURALPART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SZ AND ALL OTHER RELEASES HAVE THE RIGHTTO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. | have read and understood the preceding paragraph. I have had sufficient opportunity to read this document. | have read and understood and agree to be bound by its terms. | understand that employees working at the Skate Zone, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between SZ and me relating to the Child's and my use of the Skate Zone There are no other agreements, oral, written, or implied, with respect to such matters. | further agree that this Release shali be construed in accordance with the laws of the State of Florida. If any term or provision of this Release and Waiver shall be heid illegal, unenforceable, or in conflict with any iaw governing this Release the validity of the remaining portions shall not be affected thereby. By signing below, | represent and warrant that | am ihe parent, legal guardian, natural guardian or power-of-attorney of the above listed Child(ren) and have the authority ta execute this Agreement on his/her or their behalf and to act on his/her or their behalf. | have read each and every paragraph in this document and !| and they agree to be bound by the terms stated therein, including the release of fiability contained therein. | further agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this Child or these minor Children, or any of them, which are in any way connecied with, arise out of, or result from their use of the Skate Zone. | am 13 years of age or older. | am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties"). IN SUMMARY, BY MY SIGNATURE BELOW, | ACKNOWLEDGE THAT IF | OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITSANY RECOVERY OF MONEY FROM ANY SZ OR ANY SKATE ZONE RELATED ENTITY. KKL yy Breyana WrightEXHIBIT “C”In the Matter Of: WRIGHT vs PALM BEACH SKATE ZON 50-2020-CA-007759 BREYANA WRIGHT February 19, 2021 800.211.DEPO (3376) EsquireSolutions.com DEPOSITION SOLUTIONSBREYANA WRIGHT WRIGHT vs PALM BEACH SKATE ZON February 19, 2021 4 CASE NO.: 50-2020-CA-007759 BREYANA WRIGHT, Plaintiff, -vs- PALM BEACH SKATE ZONE 2012, LLC, Defendant. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA VIDEO TELECONFERENCE DEPOSITION OF BREYANA WRIGHT CONDUCTED VIA ZOOM Friday, February 19, 2021 1:06 - 3:21 p.m. West Palm Beach, FL 33405 Reported By: Tiffany Brouillette, RPR Notary Public, State of Florida Esquire Deposition Solutions West Palm Beach Office Job #J6579228 Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT WRIGHT vs PALM BEACH SKATE ZON February 19, 2021 2 APPEARANCES VIA ZOOM: On behalf of the Plaintiff: MATTHEW R. NAPARSTEK, ESQUIRE FELICE, EHRLICH & NAPARSTEK 3 Harvard Circle West Palm Beach, FL 33409 561 444-8822 On behalf of the Defendant: MICHAEL J. PEDOWITZ, ESQUIRE BAUMANN, GANT & KEELEY, P.A. 1401 East Broward Boulevard Suite 200 Fort Lauderdale, FL 33301 954 440-4613 Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT WRIGHT vs PALM BEACH SKATE ZON February 19, 2021 3 WITNESS: BREYANA WRIGHT BY MR. PEDOWITZ: NUMBER DESCRIPTION PAGE DEFENDANT'S [EXHIBIT WAIVER AGREEMENT 30 DEFENDANT'S [EXHIBIT 2] WRISTBAND PHOTO 47 DEFENDANT'S EXHIBIT 3 SURVEILLANCE VIDEO 51 **Defendant's Exhibit 3 was retained by Mr. Pedowitz. DIRECT CROSS REDIRECT RECROSS EXHIBITS Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 4 PROCEEDINGS Pursuant to the In re: COVID-19 Emergency Procedures for the Administering of Oaths Via Remote Audio-Video Communication Equipment dated March 18 2020, this deposition of BREYANA WRIGHT is being conducted remotely via Zoom. Today’s date is Friday, February 19, 2021, and the time is 1:06 p.m. The witness is located in West Palm Beach, Florida. My name is Tiffany Brouillette. I am administering the oath and reporting the deposition remotely by stenographic means from my residence within the State of Florida. The witness has positively identified to me that she is Breyana Wright. Would counsel, please, state their appearances for the record and express their stipulation that this deposition may take place with a remote administration of the oath and remote reporting of the deposition. MR. PEDOWITZ: Michael Pedowitz on behalf of the Defendant, and we agree and consent. MR. NAPARSTEK: Matt Naparstek on behalf of Ms. Wright, and we agree. Thereupon, (BREYANA WRIGHT) Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 5 having been first duly sworn or affirmed, was examined and testified as follows: THE WITNESS: Yes. DIRECT EXAMINATION BY MR. PEDOWITZ: Q. Please, state your full name for the record. A. Breyana Lynn Wright. Q. All right. Good afternoon, Ms. Wright. My name is Michael Pedowitz. I represent Palm Beach Skate Zone in this case. Have you ever given your deposition before? A. No. Q. Okay. I want to go over a couple ground rules so that you and I are on the same page. It's a little different because we're doing it via Zoom and not in person like we typically would do when it was not COVID. So, even though it's remote, it's still going to have the same effect. Okay? A. Okay. Q. I'm going to ask you a bunch of questions today, and the court reporter, who you can see on the screen, is going to be taking down everything that I say, and then you're going to provide all the answers to the questions. We do this so we have a clean record. In case we need to go in front of the court, it says: Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 6 Question, answer. It's a clear dialogue. Okay? A. Okay. Q. Although I can see you right now and I can see you may shake your head yes or no to understand or answer a question, I need you to answer every question verbally so that the court reporter can take down exactly what you said in your response. Okay? A. Okay. Q. If I say, Is that a yes, or, Is that ano, I'm not trying to be rude. I'm just trying to make sure that it's clear for the record. Okay? A. Okay. Q. If I ask you a question and you don't understand it, that's perfectly okay. Sometimes I'll ask a poor question. Please, let me know that you don't understand it, and I'll do my best to rephrase it for you. But if you answer a question, I'm going to assume that you understood my question. Okay? A. Okay. Q. We'll be here for a little bit of time but if you need a break at any point, you need to go to the bathroom, grab a drink of water or something to eat, that's okay. Just let me know that you want to take a break, and I'd just ask that you answer the last question that's pending. Okay? Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 7 A. Fee Okay. What's your date birth? 4/26/99. And where do you currently reside? I reside on 444 Malverne Road. That's in West Palm Beach, Florida, and the zip code is 33405. Q A Q A. Q A Q A Q. Is that a home, or is that an apartment? It's a duplex. It's Apartment B. Okay. And who do you live there with? I live here with my boyfriend and his family. And what's your boyfriend's name? Juan Cordova. How long have you lived at this address for? Since January of 2018. And you said that you live with Mr. Cordova and his family? A. p> Oo Q. Yes. Who else in his family lives at that address? Do you want me to give names? Yes, please. Okay. His mother is Yamile Heredia. I apologize. Can you spell that because I didn't catch that name? A. Heredia. Yes. It's Y-A-M-I-L-E, and the last name is It's H-E-R-E-D-I-A. Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 8 Q. Okay. That's your boyfriend's mother, right? Yes. Okay. Who else lives there? His step-father. His name is Braulio. Spell it, please. Do you want me to -- Ce ese Yes, please. A. B-R-A-U-L-I-0O, and his last name is Caniz. It's C-A-N-I-Z. Q. Okay. So, we have your boyfriend's mother and step-father. Anyone else reside at the house with you guys? A. Yes. Q. Who else? A. His grandmother. Her name is Delmis Martinez. I can spell that, too. Q. Yes, please. A. D-E-L-M-I-S, and the last name is Martinez. Q. I got that. A. Okay. Q. Okay. A. So, his brother Reynaldo Cordova, and that's R-E-Y-N-A-L-D-0O, and Cordova. Q. Got it. Anyone else that we haven't talked about ? Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 9 A. Yes, his sister Alice Cordova. A-L-I-C-E? Yes. Okay. That's it. Packed house over there. Pee ae eee Yes. Q. Okay. And you mentioned you've lived at that address since January of 2018, correct? A. Yes. Q. Prior to moving in with your boyfriend and his family, where did you live? A. With my parents. That's -- Q. Do you know the address? A. It's 2412 S.E. Victory Avenue, and that's in Port St. Lucie, Florida, and the zip code is 34952. Q. What are your parents' names? A. My dad's name is Orville Wright, and my mom is Alicia Wright, and that's A-L-I-C-I-A. Q. Do they still live in Port St. Lucie? A. Yes. Q. Okay. And you lived there growing up until you moved out in January of 2018? A. Not growing up. I lived there since approximately October of 2015, I want to say, or it Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.comoe on A UW 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 10 > Oo FO FOF OP OULULDPULCUDPlUUULP Q. correctly. Cooper. A. 7 PO could be possibly 2014. Okay. Do you have any siblings? Yes, I do. What are their names? Well, they're half siblings. Okay. Do they live with you? They did live with me before, years ago. Okay. What are their names? So, Brandon Cooper. How old is Brandon? He's 27. Okay. Brennan Cooper. Brandon and Brendon? Brennan, no D. Okay. He is 27, as well. I just want to make sure I heard you You said Brandon Cooper and then Brennan Yes. Okay. Also 27? Yes, they're twins. Okay. There's Corey Cooper. He is 30, and then my ZESQ UIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 11 sister Kaitlin Wright. It's K-A-I-T-L-I-N. Q. And how old is she? A. She is approximately 29, 28 or 29. Q. All right. A. And then I have one more brother. His name is Tim Wright. Q. How old is he? A. 27. Q. Any other siblings that we haven't talked about? A. No. Q. Okay. Did your siblings live with you at your parents house in Port St. Lucie? A. Only Corey lived at the house in Port St. Lucie. Q. Okay. Have you ever lived in any other state other than Florida? A. No. Q. How about any other country? A. No. Q. Now, when we sent you some discovery responses, I believe there was an objection to providing your Social Security number to them. So, I'm going to ask at this point that we go off the record, and that you provide me with your Social Security number. By Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.comoe on A UW 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 12 going off the record, there won't be any notes of this being provided. Okay? A. Okay. MR. PEDOWITZ: Madam court reporter, can we, please, go off the record. (Off the record.) MR. PEDOWITZ: Let's go back on the record. BY MR. PEDOWITZ: Q. Ms. Wright, you gave me your Social Security number off the record, correct? A. Yes. Q. Do you have a cell phone? A. Yes. Q. What is your cell phone number? A. (561)512-3158. Q. And who's your cell phone provider? A. Verizon. Q. How long have you had this number for? A. Approximately 10 years. Q. Is this a cell phone through an employer, or it's a personal cell phone? A. Personal. Q. What type of cell phone do you have? A. An iPhone 10R. Q. Is that the same phone that you had on the Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 13 date of the incident that we're here to talk about? A. No. Q. Did you take any photographs or videos on your cell phone at the time of this accident? A. No, not that I can recall. Q. If any photographs were taken on your phone that you no longer have, it would have been uploaded to The Cloud; is that correct? A. I believe so. MR. NAPARSTEK: Object to the form. BY MR. PEDOWITZ: Q. So, if you have any photographs from that evening on your phone, you would be able to provide them to your attorney, correct? MR. NAPARSTEK: Speculation. THE WITNESS: I'm sorry? MR. NAPARSTEK: You can answer. THE WITNESS: Yes. BY MR. PEDOWITZ: Q Do you have an e-mail address? A. Yes. Q What is it? A. It's Wright, my last name Wright, the letters B-L, and it's 2699 at gmail.com. Q. BL2699? Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 14 A. You got Wright in front of that. Q. Wright B, the letter L, and then what was the numbers? A. 2699. That's gmail? A. Yes. Q. And that's a personal e-mail address, correct? A. Yes. eee eee Q. Facebook, A. Q A. Q school e-mail address? Okay. Do you have a work e-mail address or I do have a school e-mail address. Okay. What's your school e-mail address? It's Wrightb1é@my.palmbeachstate. EDU. Are you still enrolled at Palm Beach State? Yes. Okay. What are you studying? Nursing. When are you expected to graduate? May 2021. Do you have any social media accounts: Instagram, Twitter? Yes. Which ones do you have? I have Facebook, Instagram. Do you have Snapchat? Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 15 A. Yes. Q. Are you an active user on these social media accounts? A. Yes. Q. Do you post photographs and different information to your Facebook account or your Instagram account? A. Yes. Q. How long have you been active over Facebook or Instagram? A. On Facebook, since around 2011. Instagram since around 2014. What's your user name on Facebook? It's my name, Breyana Wright. Q A Q. Is it the same thing on Instagram? A It's BREY_W. Q That's it? A Yes. Q. Have you posted any pictures to Facebook or Instagram within the last 60 days? A. Yes. Q. I'm going to ask that you don't delete any photographs that you may have posted on your social media accounts. Okay? A. Okay. Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 16 Q. Because we may be requesting copies of those. Are you currently -- strike that. You mentioned you're in a relationship with Juan Cordova, correct? A. I'm sorry? Q. You mentioned you're in a relationship with Juan Cordova, correct? A. Yes. Q Have you ever been married? A. No. Q Do you have any children? A No. Q. Were you in a relationship with Mr. Cordova on the date of the incident that we're here to talk about? A. Yes. Q Have you ever been known by any other name? A. No. Q I ask this question of everyone. So, please, don't be offended. Have you ever been arrested? No. Q. Have you ever been a party to a lawsuit before other than this one? A. Not that I can recall. Q. Have you ever made a claim before for an injury or an accident that may have occurred? Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 17 A. No. Q. Okay. Do you own or lease a vehicle? A. I own a vehicle. Q. Okay. What type of vehicle is that? A. It's a 2018 Hyundai, Sonata. Q. Hyundai, Sonata? A. Yeah. Q. How long have you owned this vehicle for? A. Since July of 2020. Q. Prior to this 2018 Hyundai, Sonata, did you own or lease any other vehicles? A. Yes, I owned -- it was a 2005 Honda, CRV. Q. Okay. A. Can I clarify? Q. Of course. A. The Sonata, I'm financing it. So, I don't want to say that. Q. You'll own it outright but eventually; is that right? A. Yes. Q. Other than these two vehicles that we talked about, did you own any other vehicles within the 10 years prior to this accident? A. No. Q. Have you been involved in any motor vehicle Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 18 accidents prior to the date of this incident of January 3rd, 2019? A. No. Q. Have you ever been involved in a motor vehicle accident? A. Not that I can recall. Do you have auto insurance? A. Yes. Q. Who is that with? A. Progressive. Q. Have you always had Progressive, or did you switch to a different auto carrier? A. I did have a different carrier before but the name is slipping my mind at this moment. Q. Okay. How long have you had Progressive for? A. Since July. Q. So, Progressive Insurance would cover the 2018 Hyundai, Sonata? A. Yes. Did you ever make any claims with Progressive? No. No. Q A Q. Do you wear glasses? A Q Contact lenses? A No. Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 19 Q. You mentioned that you're in a nursing school at Palm Beach State. Did you graduate high school? A. Yes. What high school did you graduate from? It's Mosaic Digital Academy. Mosaic Digital Academy; is that right? Q A Q A. Yes. Q Where are they based? A It's Port St. Lucie, Florida. Q What year did you graduate? A May 2017. Q. And after graduating from high school, did you go straight to college? A. Yes. Q. Okay. And where did you enroll? A. I enrolled at Indian River State College. I was dually enrolled. So, I enrolled in approximately 2016. Q. Okay. And did you obtain any degree from Indian River State College? A. No. Q. Did you transfer from Indian River to another school? A. Yes. Q. Where did you transfer to? Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 20 A. Palm Beach State College. Q. After how long did you transfer? A. I transferred in January of 2018. Q. So, did you do approximately a year or half a semester there? A. I was at Indian River State College since 2016. So, I would say I did approximately four semesters. Q. Got it. So, you transferred in January of 2018. I had that right, correct? A. Yes. Q. Okay. And have you always been studying nursing? A. I've been studying nursing specifically since 2018. I think my major before that was pre-vet. Q. Pre what? Vet? A. Yes. Q. And you're expected to graduate in May of 2020 -- what did you say? 2021, correct? So, this coming May? A. Yes. With a degree in nursing? A. Yes. Q. Are you currently employed? A. No. Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 21 Q. Let me ask you this. Are you making a claim for lost wages as part of this claim? A. No. Q. Have you ever been required to take a physical by any of your previous employers? A. No. Q. Have you ever been employed? A. Yes. Q. Okay. Where did you work? A. My most recent job was Kipling, and that was from May 2018 to March 2020. Q. Okay. What did you do for Kipling? A. I was a sales associate, and then I became a key holder. Q. Okay. Where else did you work besides Kipling? A. I worked at Duffy's Sports Grill. Q. Okay. A. That was from approximately -- that was in the year of 2019 but the actual months are slipping my mind. Q. That's okay. Any other jobs? A. Yes, Old Navy. Q. Let me go back for a second to Duffy's. What did you do for them there? A. I was a hostess. Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 22 Q. Okay. And for Old Navy, what did you do for them? A. Sales associate. Q. How long did you work for them for? A. I believe I had a break in employment but the total amount of time was approximately six months. Q. Was that before or after you worked for Duffy's, or was it simultaneously? A. It was before I worked for Duffy's. Q. So, around 2018? A. Yes. Q. Okay. Now, this accident took place in January of 2019, and it looks like you were working for possibly Duffy's and/or Kipling at that time. Did you have to miss any time from work as a result of this accident? A. Yes. Where were you working at the time? A. At Kipling. Q. Okay. And how long did you miss? A. Approximately six weeks. Q. Did you receive any accommodations when you returned to work? A. Accommodations? Can you clarify accommodations. Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 23 Q. Sure. Did your employer Kipling do anything to assist you with your injuries when you returned to work? A. No. Q. I want to talk about your prior medical history, and when I say prior, I'm referring to prior to the date of this incident of January 3rd, 2019. Okay? A. Okay. Q. So, I know this was a while ago but to the best of your recollection, I'm going to ask you a couple questions about some of the medical treatment you may or may not have received prior to this incident. Okay? A. Okay. Q. Prior to January 3rd, 2019, do you recall who your family physician was? A. Dr. Malcolm was my physician -- my pediatrician. Q. Okay. Is his last name Malcolm, or is that his first name? A. Last name. Q. What's his first name; if you recall? A. I don't recall her first name. Q. It's a woman? A. Yes. Q. Okay. Where was Dr. Malcolm based out of? Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 24 A. Delray Beach. Q. Do you recall who or if you saw a doctor while you were living in Port St. Lucie? A. I don't recall seeing a doctor in Port St. Lucie. Q. Okay. You said Dr. Malcolm was a pediatrician? A. Yes. Q. You saw Dr. Malcolm prior to this incident, right? A. I saw Dr. Malcolm until approximately 2010. Q. Okay. Did you see any other doctors in between Dr. Malcolm and January 3rd of 2019? A. I do not recall having a primary care but I would attend businesses such as Urgent Care or MD Now. Q. Okay. Prior to January 3rd, 2019, have you been under the care of any health care provider for any reason other than a cold or flu? A. Not that I can recall. Q. Have you ever been hospitalized for any reason prior to January 3rd, 2019? A. Not that I can recall. Q. In the year prior to this accident on January 3rd, 2019, did you sustain any injuries to your legs or ankles? Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 25 A. No. Q. Do you recall when you were last examined by a doctor prior to January 3rd, 2019? A. I don't know, and I don't want to guess. Q. Okay. Would you go in for an annual check-up with a doctor? A. Not in the year prior to the accident, no. Q. Did you have like an annual -- strike that. Subsequent to this accident, would you have an annual check-up with your doctor? A. Not regularly, no. Q. Okay. Prior to this accident of January 3rd, 2019, did you sustain any slip and falls or been involved in any motor vehicle accidents that we haven't talked about? A. Not that I can recall. Q. So, let's talk a little bit about this accident that we're here to focus on. Okay? So, let's turn our attention to that. It's my understanding this happened at the Palm Beach Skate Zone, correct? A. Yes. Q. Describe your day for me leading up to going to the Skate Zone. Do you recall what day of the week it was? A. It was a Thursday, I believe. Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 26 Q. Okay. Did you do anything in particular on that day prior to going to the Skate Zone? A. It was a normal day. I believe I may have gone for a drive but mostly I was at home. Q. Did you have classes that day? A. Not that I can recall. Q. Do you take any medications that would affect your ability to recall events from that time? A. No. Q. Did you take any medications on the day of this incident? A. No. Q. Had you ever been to Palm Beach Skate Zone before? A. No. Q. Why did you decide to go there? A. My friends had been skating there before, and I wanted to try something -- it was the new year. So, I just wanted to try it out and see if I liked it. Q. Who did you go with that evening? A. I went with my boyfriend, his brother Reynaldo, and I went with a friend Clifford. Q. It was just the four of you? A. Yes. Q. Had your boyfriend Juan been to Palm Beach Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 27 Skate Zone before? A Not that I can recall. Q What about your boyfriend's brother Reynaldo? A. Yes. Q He's been there? A Yes. What about your friend Clifford, had he ever been to Palm Beach Skate Zone? Yes. Are they both familiar with the Skate Zone? Yes. a Are they experienced skaters? A. I would not say they're experienced but they had done it before. Q. Okay. Had your brother ever been ice skating before? A. Not that I know of. Q. Had you ever been ice skating before? A. No. Q. Okay. So, the four of you decide to go to Palm Beach Skate Zone that evening, correct? A. Yes. Q. Did you all drive in one car, or did you drive separately? A. In one car. Z ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREYANA WRIGHT February 19, 2021 WRIGHT vs PALM BEACH SKATE ZON 28 Q. Who drove? A. Reynaldo. Q. And do you recall what time you arrived at Palm Beach Skate Zone? A. I do not recall the exact time. It would be approximately 7:30. Q. And were you aware of what type of event was going on at Palm Beach Skate Zone that evening? A. I don't know. Q. Was it an open skating or public skating so that anyone could go, or was it a, you know, private lesson type event that was happening? A. Okay. It was open skate. Q. Okay. So, anyone was able to go there, correct? MR. NAPARSTEK: Speculation. THE WITNESS: I do not know. BY MR. PEDOWITZ: Q. Have you ever been to any type of facility similar to Palm Beach Skate Zone like Extreme Action Park or Boomers, Dave and Bus