Motion,Ex Parte: BALZARANO, ELIZABETH V LIFELINE RECOVERY LLC DBA LIFELINE RECOVERY

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                                Filing # 131154392 E-Filed 07/21/2021 05:18:59 PM

IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA

ELIZABETH L. BALZARANO, CASE NO.: 50-2018-CA-15763-XXXX-MB
Individually, and as Personal Representative

of the ESTATE OF MICHELLE L.

BALZARANO,

Plaintiffs,
ve
LIFELINE RECOVERY, LLC d/b/a
LIFELINE RECOVERY SUPPORT
SERVICES, a Foreign Corporation; JOHN
BROGAN; LIFE CHANGES ADDICTION
TREATMENT CENTER OF THE PALM
BEACHES; WARBIRD PROPERTIES, LLC,
d/b/a CAMERON VILLA, LLC, a Florida
Corporation; EMILIO DUBOY, M.D.; and,
JANINE BEATTIE, ARNP ,

Defendants.
/

DEFENDANT, EMILIO DUBOY, M.D.’S,

MOTION FOR SUMMARY JUDGMENT AND MOTION TO DISMISS
FOR FAILURE TO COMPLY WITH STATUTORY PRESUIT INVESTIGATION,

OR, IN THE ALTERNATIVE, MOTION TO DETERMINE WHETHER
CLAIM RESTS ON REASONABLE BASIS

COMES NOW, Defendant, EMILIO DUBOY, M_D. (hereinafier “Dr. Duboy”), by and
through his undersigned counsel and pursuant to Fla. R. Civ. P. 1.510, and hereby files its Motion
for Summary Judgment and Motion to Dismiss for Failure to Comply with Statutory Presuit
Investigation or, in the Alternative, Motion to Determine Whether Claim Rests on Reasonable
Basis. In support thereof, Defendant states the following:

INTRODUCTION

Plaintiffhas brought this medical negligence action against Defendants based upon the

alleged wrongful death of Decedent, Michelle Balzarano, who received substance abuse

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*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 07/21/2021 05:18:59 PM ***CASE NO.: 50-2018-CA-15763-XXXX-MB
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treatment at the facility of Defendant, Life Changes Addiction Treatment Center of the Palm
Beaches (hereinafter referred to as “Life Changes”). On April 11, 2017, Decedent was
discharged from Life Changes Addiction Treatment Center of the Palm Beaches (hereinafter
“Life Changes”) after completing treatment, and she went to live at Cameron Villa, a sober
living facility. Second Am. Compl., §§ 21, 50. On June 6, 2017, almost two months after her
discharge from Life Changes Addiction Treatment Center of the Palm Beaches, Decedent
committed suicide by hanging herself in a closet at Cameron Villa. Second Am. Compl., 69,
50. Plaintiff alleges that Dr. Duboy had a duty to provide competent and appropriate medical
care and treatment to his patients, including Decedent, in accordance with the prevailing
professional standard of care, and that he breached that duty here, which resulted in Decedent’s
death. Second Am. Compl. J§152-155.

Dr. Duboy did not owe Decedent a legally cognizable duty of care at the time of her
death, as she was no longer under his care, custody, and/or control. Furthermore, there is no
genuine dispute as to any material fact and Dr. Duboy is entitled to summary judgment as a
matter of law.

UNDISPUTED FACTS

1. The operative Second Amended Complaint asserts nineteen (19) counts against
the Defendants. As to Dr. Duboy, Plaintiff alleges medical negligence in Count XV. Plaintiff
also alleges that Defendant, Life Changes, is vicariously liable for the purported negligence of
Dr. Duboy based upon actual agency in Count XVIII and apparent agency in Count XIX.

2. Decedent was admitted to Life Changes on February 19, 2017, after undergoing
detoxification. | 40 of Second Am. Compl. Decedent was suffering from substance abuse and
mental health issues {| 33, 42 of Second Am. Compl.

3. On April 11, 2017, after completing treatment at Life Changes, Decedent went

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to live at Cameron Villa, a sober living facility. Second Am. Compl., § 21, 50.

4. Shortly thereafter, on April 16, 2017, Decedent presented to JFK Medical Center,
where she was seen by a physician and prescribed a four-day supply of her medications. The
physician instructed Decedent to follow-up with a psychiatrist in order to have her prescriptions
filled. 63-64 of Second Am. Compl.

5. Nearly two (2) months later, on June 6, 2017, Decedent committed suicide by
hanging herself in a closet at Cameron Villa. {69 of Second Am. Compl.

6. Plaintiff is Decedent’s mother and has been appointed Personal Representative
of Decedent’s estate. {2-3 of Second Am. Compl.

7. Plaintiff testified in deposition that Decedent never told Plaintiff that she was
experiencing issues with regard to her medications. See 143:24-144:11 of the transcript from
Plaintiff's February 5, 2020 deposition, which is attached hereto and incorporated herein as
Exhibit A.

8. Plaintiff alleges that Dr. Duboy owed a duty of care to provide competent and
appropriate medical care and treatment to Decedent in accordance with the prevailing
professional standard of care. 152 of Second Am. Compl.

9. Plaintiff alleges that Dr. Duboy breached this duty, and, as a direct and proximate
result thereof, Decedent died and Plaintiff suffered damages. ] 153-155 of Second Am. Compl.

SUMMARY JUDGMENT EVIDENCE

Pursuant to Fla. R. Civ. P. 1.510(c)(5), the evidence upon which Dr. Duboy intend to rely
in support of his Motion for Summary Judgment consists of the following:

a. Second Amended Complaint, which is part of the court file; and

b. Transcript of Plaintiff's deposition, taken on February 5, 2020, which is
attached hereto as Exhibit A.

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SUMMARY JUDGMENT STANDARD

1. Under Fla. R. Civ. P. 1.510(a), “[t]he court shall grant summary judgment if the
movant shows that there is no genuine dispute as to any material fact and the movant is entitled to
judgment as a matter of law.” As recently amended, “[t]he summary judgment standard provided
for in this rule shall be construed and applied in accordance with the federal summary judgment
standard.” Jd.

2. This Court’s determination on summary judgment must be based solely on
admissible evidence; this Court may not consider inadmissible evidence. See Southern Developers
v. Caterpillar Financial Serv. Corp., 56 So. 3d 56, 62 (Fla. 2d DCA 2011); see also Fla. R. Civ.
P. 1.510(c)(2) (providing that a “party may object that the material cited to support or dispute a
fact cannot be presented in a form that would be admissible in evidence).

3. Furthermore, the party moving for summary judgment need not exclude “every
possible inference” to shift the burden to the opposing party. Stepp v. State Farm Fire & Cas. Co.,
656 So. 2d 494, 496 (Fla. Ist DCA 1995).

4. Once the burden shifts, the opposing party must come forward with counter-
evidence to reveal a genuine issue; it is not enough for the opposing party to merely assert that an
issue does exist. Buitrago v. Rohr, 672 So. 2d 646, 648 (Fla. 4th DCA 1996). See also Fla. R. Civ.
P. 1.510(c).

5. In the instant case, Dr. Duboy asserts that (1) he owed no duty to Decedent at the
time of her death, (2) there is no genuine dispute as to any material fact, and (3) Dr. Duboy is
entitled to final summary judgment as a matter of law.

SUMMARY JUDGMENT ARGUMENT
The elements of a cause of action based on medical negligence are the same as for any

other negligence action. The plaintiff must establish a duty on the part of the health care provider

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to conform to a certain standard of conduct for the protection of the plaintiff, a breach of that duty
by the health care provider, and a causal connection between the breach and the plaintiff's injuries.
Failure to prove any one of these elements will preclude recovery See § 766.102(1), (3)(b), Florida
Statutes; Ruiz v. Tenet Hialeah Healthsys., Inc., 260 So. 3d 977, 981 (Fla. 2018); Saunders v.
Dickens, 151 So. 3d 434, 441 (Fla. 2014); Gooding v. University Hosp. Bldg., Inc., 445 So. 2d
1015, 1018 (Fla. 1984).

If Plaintiff fails to prove any of these essential elements, then her negligence action must
fail as a matter of law and summary judgment is proper. See Connolly v. Sebeco, Inc., 89 So. 2d
482, 484 (Fla. 1956) (“if the party moved against has admitted facts which preclude him ever
obtaining a judgment, or is without evidence to support a fact which he must establish to succeed,
or, in the face of substantial evidence by his opponent, is without evidence to rebut a fact
established by his opponent’s evidence which, if true, precludes a judgment in his favor, then there
is no necessity for a trial and a summary judgment is proper.”).

A cause of action based in negligence requires the defendant to have a duty to the plaintiff.
Clay Elec. Co-op, Inc. v. Johnson, 873 So. 2d 1182, 1185 (Fla. 2003). The existence of a duty in
a negligence action is a question to be decided as a matter of law. McCain v. Florida Power Corp.,
593 So. 2d 500 (Fla. 1992). The supreme court has made foreseeability the polestar to finding both
the existence of a legal duty and its scope.” Biglen v. Fla. Power & Light Co., 910 So. 2d 405, 408
(Fla. 4th DCA 2005). In addition to the foreseeability of harm, in order for a legal duty to exist,
the defendant’s conduct must create the risk. Aguila v. Hilton, Inc., 878 So. 2d 392, 396 (Fla. Ist
DCA 2004). One can “assume” such a duty by taking custody and control over another. Estate of
Brennan v. Church of Scientology Flag Serv. Org., 832 F. Supp. 2d 1370, 1377-78 (M.D. Fla.

2011).

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Here, Dr. Duboy can be liable to Plaintiff for negligence only if he owed a duty of care to
Decedent to prevent her suicide. Generally, a doctor is not liable for the suicide of a patient. See
Paddock v. Chacko, 522 So. 2d. 410 (Fla. Sth DCA 1988). Florida courts have consistently declined
to impose liability for suicide outside custodial settings, even upon licensed and trained mental
health care providers, because “the internal workings of the human remain largely mysterious.”
Tuten v. Farborizian, 84 So. 3d 1063, 1067 (Fla. lst DCA 2012) (citing Garcia v. Lifemark
Hospitals of Fla., 754 So. 2d 48, 49 (Fla. 3d DCA 1999); Also see Lawlor v. Orlando, 795 So. 2d
147, 148 (Fla. lst DCA 2001) (evidence that patient suffered from depression and met other
suicidal risk facts did not create a foreseeable zone of risk of suicide imposing a legal duty on
patient's psychotherapist).

Florida law is clear that there is no statutory or common law duty to involuntarily commit
a psychiatric patient, and no duty to prevent a discharged patient's suicide. See Zuten, 84 So. 3d at
1063; Paddock, 522 So. 2d at 415; Santa Cruz v. Nw. Dade Comm. Health Ctr., Inc., 590 So. 2d
444 (Fla. 3d DCA 1991). There is simply no common law duty on society, whether it be a health
care provider or lay person, to prevent a psychiatric patient's suicide. The general rule is that “there
is no liability for the suicide of another...in the absence of a specific duty of care.” Kelley v. Beverly
Hills Club Apartments, 68 So. 3d 954, 957 (Fla. 3d DCA 2011), citing Paddock, 522 So. 2d at 416
(duty to prevent committed patient's suicide ceases upon release of the patient). The Court in 7uten,
84 So. 3d 1063 noted there was no duty on the part of the mental health facility when acts of
violence occur “outside the scope of the facility's range of observation and control.” Tuten at 1068.

The narrow exception to this rule is in instances where the victim was in a custodial setting
controlled by the defendant at the time of the suicide in which the liberty of the victim was
restrained (e.g., a psychiatric hospital). Kelley, 68 So. 3d at 957. Such a duty of care has been

found to exist “where a patient has surrendered himself to the custody, care and treatment of a

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psychiatric hospital and its staff’ and the hospital has “failed to take protective measures to prevent
the patient from injuring himself.” Garcia v. Lifemark Hosps. of Fla., 754 So. 2d 48, 49 (Fla. 3d
DCA 1999). This specific “duty is based solely on the fact of the patient's confinement in the
hospital, and the hospital's ability to supervise, monitor and restrain the patient.” Paddock, 522 So.
2d at 416. Thus, in cases of psychiatric facilities, they are liable for a patient's self-harm because
they are in a position to prevent patients from injuring themselves. See Paddock, 522 So. 2d at
416. The sole basis of this specific duty is the patient’s physical presence in the facility, as well as
the facility’s ability to supervise, monitor, and restrain the patient. Jd. Such a duty, however, does
not extend to facilities that do not have custody and control over an individual.

A Palm Beach Court recently considered this issue in Herrera v. Q Health Services, Inc.,
et al., No. 2018CA010087AXX (Fla. Cir. Ct. March 30, 2021). In that case, the plaintiff alleged
that an addiction treatment center and physician were negligent in discharging the decedent, who
was found in violation of the facility’s rule against drug use. Once discharged from the facility,
the decedent obtained illegal drugs, overdosed, and died the following day. Judge Kastrenakes
found that neither the facility nor the physician owed the decedent a duty in these circumstances.
Although the injury suffered by the decedent — overdose and death due to the consumption of drugs
— was foreseeable, Judge Kastrenakes found that the critical issue was whether the defendant’s

actions created a foreseeable “zone of risk, not whether the specific injury sustained was
foreseeable by the defendant. In granting the defendants’ Motions to Dismiss, the Court opined
that defendants’ actions did not create a foreseeable zone of risk that resulted in decedent’s death.
Rather, the Court found that the decedent’s drug addiction was his “zone of risk” and that zone
was everywhere.

In Azizi v. Regency Properties of Boca Raton, Inc., the personal representative of the estate

brought a wrongful death action against Boca House, a drug and alcohol rehabilitation facility in

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Palm Beach County. Azizi v. Regency Properties of Boca Raton, Inc., No. 502012CA013379, 2015
WL 1735538 (Fla. Cir. Ct. March 17, 2015). The decedent had been discharged from Boca House
the day before his death due to failing an alcohol test in direct violation of house rules. Jd. at *2.
The morning following his discharge, he was found dead in the swimming pool after cutting his
wrist. Jd. The plaintiff/personal representative alleged that Boca House had a duty to provide
reasonable and adequate drug and alcohol rehabilitation services to the decedent, and that it failed
to do so by discharging decedent without taking reasonable and necessary precautions for his
health and safety, and by failing to adequately communicate with decedent’s family if there was a
relapse and/or prior to consideration of discharge. Azizi Complaint { 27. The plaintiff further
alleged that Boca House had a duty to provide reasonable supervision and security on its premises,
and that it breached this duty by failing to prevent decedent’s suicide. Azizi Complaint ff 28-29.
In its Motion for Summary Judgment, Boca House argued that it provided decedent with a rental
apartment in a sober community where other individuals addicted to drugs were living and striving
to maintain sobriety, and that although Boca House had rules that the residents had to abide by in
order to maintain residency, the facility did not have the right or the ability to control decedent as
he was free to leave at any time. Judge Hafele found that Boca House did not have custody or
control over the decedent after he left the facility and after he was ejected from the facility. Azizi
v. Regency Properties of Boca Raton, Inc., No. 502012CA013379, 2015 WL 1735538 (Fla. Cir.
Ct. March 17, 2015). The court determined that the facility did not owe a duty of care to the
decedent as a matter of law. Id.

In addition to foreseeability, “[a] duty requires one to be in a position to ‘control the risk.”
Pollack v. Cruz, 296 So. 3d 453, 457 (Fla. 4% DCA 2020), quoting Surloff v. Regions Bank, 179
So. 3d 472, 476 (Fla. 4th DCA 2015), quoting Aguila v. Hilton, Inc., 878 So. 2d 392, 396 (Fla. Ist

DCA 2004). In Surloff v. Regions Bank, the personal representative of client's estate brought an

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action against client's bank and its officer for negligent undertaking and negligent infliction of
emotional distress, arising out of client's suicide after bank allegedly contacted client regarding
loan denials, despite being told to not contact client due to his fragile mental state. Surloff v.
Regions Bank, 179 So. 3d 472 (Fla. 4th DCA 2015). After leaving the defendant facility, the
decedent committed suicide. The defendant moved to dismiss for failure to state a cause of action,
arguing that the defendant owed no duty to the decedent. In affirming the Motion to Dismiss, the
Appellate Court held:
[Defendant] did not assume a specific duty of care to prevent the decedent from

committing suicide. Although [Defendant] allegedly knew of the decedent's

mental state and agreed to withhold complex financial information from the

decedent, [Defendant] could not undertake a duty to prevent the decedent's suicide

because the decedent was not in [Defendant]’s ‘custody or control.’... [Defendant]

simply had no ability or responsibility to protect the decedent from committing

suicide.
Surloff at 476.

In the present case, Dr. Duboy did not owe a duty of care to Decedent at the time of her
death. According to the Second Amended Complaint, Decedent was discharged from Life Changes
on April 11, 2017 after completing treatment, and she was transferred to Cameron Villa in Lake
Worth, Florida. 50 of Second Am. Compl. The decedent committed suicide at Cameron Villa on
June 6, 2017. | 69 of Second Am. Compl. By Plaintiff's own admissions, Decedent was no longer
under the custody and control of Life Changes and/or Dr. Duboy at the time of her death. J] 50,
69 of Second Am. Compl. The narrow exception for custodial settings (such as a psychiatric
hospital) does not apply as a matter of law based on the allegations of the Second Amended
Complaint, which establish that Decedent was not in a custodial setting controlled by Dr. Duboy
when she committed suicide. Rather, the Second Amended Complaint expressly indicates that

Decedent was discharged from Life Changes for a period of almost two months prior to her death.

9] 50, 69 of Second Am. Compl. As Decedent here was not in the custody or care of Dr. Duboy at

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the time of her suicide, no duty exists. Dr. Duboy owed no duty to Decedent once Decedent left
his custody and control and therefore, Dr. Duboy had no duty to prevent the injuries alleged in the
Second Amended Complaint. As such, there is no genuine dispute as to any material fact
concerning Dr. Duboy’s lack of duty here, and he is entitled to summary judgment as a matter of
law.

WHEREFORE, Defendant, EMILIO DUBOY, M_.D., hereby requests that this Honorable
Court grant Summary Judgment in his favor, for the grounds stated above, together with such other
and further relief as the Court deems proper.

MOTION TO DISMISS FOR FAILURE TO COMPLY WITH STATUTORY PRESUIT.

INV IGATION O| HE ALTERNATIVE, MOTION TO DETERMINE
WHETHER PLAINTIFF’S CLAIM RES’ IN A _REASONANBLE BASIS

       
 

The purpose of a motion to dismiss is to test the legal sufficient of the complaint. Pacific
Ins. Co., Ltd. v. Botelho, 891 So. 24.587, (Fla. 3d DCA 2004); citing Barbado v. Green & Murphy,
P.A., 758 So. 2d 1173, 1174 (Fla. 4th DCA 2000). The function of a motion to dismiss is to raise
as a matter of law the sufficiency of the facts alleged to state a cause of action. Connolly v. Sebeco,
89 So. 2d 482, 483 (Fla. 1956). “Whether a complaint is sufficient to state a cause of action is an
issue of law.” Brewer v. Clerk of the Circuit Court, Gadsden County, 720 So. 2d 602, 603 (Fla.
1st DCA 1998); see also Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732, 734 (Fla.
2002). When evaluating a motion to dismiss, the Court must accept the allegations of Plaintiff's
complaint as true, drawing all reasonable inferences in favor of the pleader. See Jd. A petition or
complaint that contains irrelevancies, certain evidentiary allegations, or improper conclusions
will be subject to dismissal for failure to state a cause of action. Bal/bontin v. Porias, 215 So. 2d
732 (Fla. 1968). The court must dismiss the claims if “the complaint fails to allege the essential
elements of each of [its] causes of action.” Valdes v. GAB Robins N. Am., Inc., 924 So. 2d 862,

866-67 (Fla. 3d DCA 2006).

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Plaintiff's Second Amended Complaint must be dismissed because Plaintiff has failed to
comply with the statutory scheme designed for medical negligence claims. Prior to issuing
notification of intent to initiate medical negligence litigation pursuant to Section 766.106, the
claimant shall conduct an investigation to ascertain that there are reasonable grounds to believe
that any named defendant was negligent in the care or treatment of the claimant and that such
negligence resulted in injury to the claimant. §766.203(2), Florida Statutes. Corroboration of
reasonable grounds to initiate medical negligence litigation shall be provided by the claimant’s
submission of a verified written medical expert opinion from a medical expert as defined in Section
766.202(6), at the time the notice of intent to initiate litigation is mailed, which statement shall
corroborate reasonable grounds to support the claim of medical negligence. §766.203(2), Florida
Statutes.

In this matter, Plaintiff's Notice of Intent to Dr. Duboy was accompanied by the presuit
Affidavit of Amy Harrington, M.D. Dr. Harrington’s Affidavit alleges that she is a medical doctor
licensed to practice medicine in the State of Massachusetts. However, if a physician licensed under
chapter 458 or chapter 459 or a dentist licensed under chapter 466 is the party against whom, or
on whose behalf, expert testimony about the prevailing professional standard of care is offered,
the expert witness must be licensed under chapter 458, chapter 459, or chapter 466 or possess a
valid expert witness certificate issued under Section 458.3175, Section 459.0066, or Section
466.005. §766.102(12), Florida Statutes.

As acknowledged in the Second Amended Complaint, Dr. Duboy is a medical doctor
practicing in Palm Beach County, Florida. {27 of Second Am. Complaint. Chapter 458, Florida
Statutes, pertains to regulation of the practice of medicine. In order to testify against a medical
doctor licensed under Chapter 458, Florida Statutes, such as Dr. Duboy, Dr. Harrington would

have to be licensed in Florida or possess a valid expert witness certificate. According to the Florida

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Department of Health license verification portal, neither a medical license nor an expert witness
certificate have been issued to Amy Harrington, M.D. As such, Dr. Harrington is not a medical
expert for purposes of this action.

The presuit notice provided to Dr. Duboy did not comply with the requirements of
766.102(12) or 766.202(6), Florida Statutes, because the Notice did not provide a verified written
medical expert opinion from a medical expert corroborating that reasonable grounds exist to
initiate this medical negligence litigation, and thus Plaintiff's presuit Notice of Intent was invalid.

Dr. Duboy’s Answer to the Second Amended Complaint denied Plaintiff's compliance
with conditions precedent. Dr. Duboy also alleged in his affirmative defenses to Plaintiff's Second
Amended Complaint that the claims asserted against him arise out of the provision of medical
diagnosis, care, and treatment and are therefore subject to all the requirements of Chapter 766,
Florida Statutes, and that Plaintiff has failed to state a cause of action for which relief can be
granted. See Dr. Duboy’s January 21, 2020 Answer to Second Amended Complaint and Demand
for Jury Trial.

Pursuant to Rule 1.650(b)(3), Florida Rules of Civil Procedure, the court shall decide the
issue of receipt of notice when raised in a motion to dismiss or to abate an action for medical
malpractice. Furthermore, after completion of presuit investigation and presuit discovery, any
party may file a motion in the circuit court requesting the court to determine whether the opposing
party’s claim or denial rests on a reasonable basis. Section 766.206, Florida Statutes. Should the
Court not grant this Motion to Dismiss Plaintiff's Second Amended Complaint, Dr. Duboy would
request that the court makes a determination whether Plaintiff's claim rests on a reasonable basis.

CERTIFICATE OF SERVICE

1 HEREBY CERTIFY that the foregoing was filed with the Clerk of Court via the Florida

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Courts E-Filing Portal and a true and correct copy was served via email on July 21, 2021 upon
Jonathan M. Midwall, Esquire, and Alyssa Tornberg, Esquire, Cole Scott & Kissane, P.A., 110
Tower, 110 SE. 6th Street, Suite 2700, Ft. Lauderdale, Florida 33301
Jonathan.Midwall@csklegal.com, Alyssa. Tornberg@csklegal.com (Attorney for Defendant Life
Changes Addition Treatment Center_of the Palm Beaches, Jeanine Beattie, ARNP); Thomas
Scolaro and Thomas D. Graham, LEESFIELD SCOLARO, P.A., 2350 South Dixie Highway,
Miami, Florida 33133, scolaro@leesfield.com; graham@leesfield.com (Attorney for Plaintiff);
William McCaughan, Esq, Farrell Patel Jomarron & Lopez, 4300 Biscayne Blvd Suite 305, Miami,
FL 33137, wmccaughan@justice360.com, eservice@justice360.com, (Attorney for John Brogan
and Lifeline Recovery, LLC); Nicole Sauvola, P.A, 13889 Deer Creek Dr, Palm Beach Gardens,
FL, colelaw36@gmail.com, (Attorney for Defendant Warbird Properties LLC d/b/a Cameron

Villa.

4s/ Molly J. Durso

NOELLE K. SHEEHAN, ESQUIRE
Florida Bar No.: 0084677

MOLLY J. DURSO, ESQUIRE

Florida Bar No.: 0091029

Wilson Elser Moskowitz Edelman & Dicker, LLP
111 N. Orange Ave., Suite 1200

Orlando, FL 32801

Phone: (407) 203-7599

Fax: (407) 648-1376
Noelle.Sheehan@wilsonelser.com
Molly.Durso@wilsonelser.com
Alejandra.Boscan@wilsonelser.com

Counsel for Defendant, Emilio Duboy, M.D.

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Elizabeth L. Balzarano
February 05, 2020

 

 

IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA

CASE NO. 50-2018-CA-15763-XXXX-MB

ELIZABETH L. BALZARANO, Individually,
and as Personal Representative of the
ESTATE OF MICHELLE L. BALZARANO,

Plaintiffs,
-vs-

LIFELINE RECOVERY, LLC d/b/a LIFELINE
RECOVERY SUPPORT SERVICES, a Foreign
Corporation; JOHN BROGAN; LIFE CHANGES
ADDICTION TREATMENT CENTER OF THE PALM
BEACHES; WARBIRD PROPERTIES, LLC, d/b/a
CAMERON VILLA, LLC, a Florida Corporation;
EMILIO DUBOY, M.D.; and JANINE BEATTIE,
ARNP,

Defendants.

 

DEPOSITION OF ELIZABETH L. BALZARANO
Pages 1-202

February 5, 2020
11:03 a.m - 2:55 p.m.
2350 South Dixie Highway
Miami, FL 33133

Stenographically Reported by
Paul Cunningham, FPR
Florida Professional Reporter

 

U.S. LEGAL SUPPORT
www.uslegalsupport.comElizabeth L. Balzarano

 

 

February 05, 2020 2to5
Page 2 Page 4
SS ea aanuCEe: 1 Q. All right. Ms. Balzarano, it's my
2 :
On behalf of the Plaintifé 2 understanding that you were related to
3 LBESFIELD SCOLARO, P.A 3. Michelle Balzarano; correct?
BY: THOMAS GRAHAM, ESQUIRE
4 BY: THOMAS SCOLARO, ESQUIRE 4 A. My daughter.
2350 S. Dixie Highway 5 Q. And you've been assigned to be her personal
5 Miami, FL 23232 . A
Edotideniskieiddaleom 6 representative of her estate?
‘ 7 A. Yes.
on behalf of Life Changes & Ms. Beattie ; oA .
> fersleoper i rice ak 8 Q. Okay. And you're the plaintiff in this
BY: JONATHAN MIDWALL, ESQUIRE 9 case?
8 110 S.E. 6th, Suite 2700
Fort Lauderdale, FL 33301 aa A Yes, T am.
9 Jonathan .midwall@esklegal .com 1 Q. All right. I know you have lawyers sitting
= a pehebe pe Pre paneoy 12 to your left and across the table, whom have likely
WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP
nu BY: NOELLE SHEEHAN, ESQUIRE (VIA PHONE) 13. gone over the ground rules for a deposition. What I
111 N. Orange Avenue, Suite 1200 A :
im Pees 14 vant to do though is go through then again with you
Noel le. sheehanewilsonelser .com 15 today briefly to make sure that we are all
iv 16 communicating effectively, and just as importantly,
INDEX 17 that the court reporter who's sitting next to us is
il 18 able to accurately type everything down, all right?
Witness Direct cross
1s Elizabeth Balzarano 7 rea «| 19 Okay?
Pee 20 A. Okay.
18
ts Botte delted tedeiehd ede b) a Q. First thing is you need to speak out loud.
20 22 You have to answer all of the questions that I ask of
21
a 23 you. You cannot nod your head or go "uh-huh" to
23 24 indicate an answer. That's not allowed in this
24 : ia
25 setting of a deposition; do you understand that?
Page 3 Page 5
1 Deposition taken before Paul Cunningham, 1 A. Yes.
2 Florida Professional Reporter and Notary Public 2 Q. All right. So people do it all of the time
3 in and for the State of Florida at Large in the 3. if you go "uh-huh" or nod your head, I'11 just simply
4 above cause. 4 say is that a "yes" or is that "no". It's not me
5 sere 5 being rude, it's just reminding you of what you need
6 THE COURT REPORTER: Raise your right hand 6 to do in this process of this today; okay?
1 please. 7 A. Okay.
8 Do you swear the testimony you are about to | 8 Q. I need you to keep your voice up as much as
9 give will be the truth, the whole truth, and 9 you can, so that I can hear and that the court
10 nothing but the truth? 10 reporter can hear as well; okay?
ul THE WITNESS: Yes. uu A. Okay.
12 Elizabeth Balzarano, having been first duly | 12 Q. Next it's going to be a question and an
B sworn, was examined and testified as follows: 13. answer process. I'm going to start off by asking you
4 DIRECT EXAMINATION 14a series of questions --
15 BY MR. MIDWALL: 15 A. I'm sorry. I shouldn't get upset so soon.
16 Q. Okay. Good morning. I just introduced 16 I apologize.
17 myself to you prior to the start of this deposition. | 17 Q. It's all right. Do you want take a break?
18 My name is Jonathan Midwall, I'ma lawyer. I 18 MR. GRAHAM: I'll grab you some tissues,
19 represent defendants in this case by the name of Life /19 BY MR. MIDWALL:
20 Changes Addiction Treatment Center of Palm Beaches 20 Q. What I'm going to do though is -- and I find
21 and Janine Beattie, she is a licensed nurse 21 that this is the best thing to do, is to ask you
22 practitioner. I'm going to be taking your deposition |22 questions and just continue through the process. If
23 here today. 23 you need to take a break, you'll let me know that;
24 can you state your name, please? 24 okay?
25 A, Elizabeth Balzarano. 25 A. Okay, yes.

 

 

U.S. LEGAL SUPPORT
www.uslegalsupport.comElizabeth L. Balzarano

 

 

February 05, 2020 6 to 9
Page 6 Page 8
1 Q. It's a question and answer process. I'm 1 Q. Okay. Where was that done?
2 going to be asking you a series of questions here 2 A. Monmouth County, New Jersey.
3. today. It's your job to respond to my questions to 3 Q. How did you hurt your shoulder?
4 the best of your ability and knowledge; do you 4 A. I fell on ny steps.
5 understand? 5 Q. At your house?
6 A. Yes. 6 A. Yes.
7 Q. If I ask a question that doesn't make sense 7 Q. How long ago was that?
8 to you, for whatever reason, you've got to let me 8 A. 2007.
9 know that and I'll be happy to try to rephrase the 9 Q. Did the case settle?
10 question or ask it a different way or sinply just 10 A. Yes.
11 repeat it. I'm happy to do that. But if you answer | 11 Q. And were you deposed in that case like we're
12 any of my questions without asking me to do that, 12 doing now, where you're under oath?
13 I'll have assumed you understood my question 1B A. Yes.
14 sufficiently to respond to it under oath today; do 4 Q. You answered questions and there was a
15 you agree with that? 15 stenographer?
16 A. Yes. 16 A. Yes,
WwW Q. Next, and I'm sure your lawyers told you, 17 Q. Okay. Any other times that you were a
18 don't guess. We don't want you to guess. We don't. 18 plaintiff in a lawsuit just like you described?
19 want you to speculate. We only want to know what you | 19 A. No.
20 know. So if I ask you a question of you and you 20 Q. And any other times that you've been
21 don't know the answer to the question, or as often 21 + deposed?
22 happens, you don't recall the answer to the question, | 22 A. No.
23 just let me know that and we'll move on to another 23 Q. So this is the second time you've ever given
24 series of questions; do you understand? 24 a statement under oath with a court reporter present?
25 A. Yes. 25 A. To the best of my knowledge, yes.
Page 7 Page 9
1 Q. Okay. You understand you're under oath and 1 Q. Okay. Are you taking any type of prescribed
2 you swore to tell the truth under penalty of perjury? | 2 medications today?
3 A. Yes. 3 A. No.
4 Q. If you need to take a break, like I just 4 Q. In the last 24 hours?
5 referenced a little bit ago, if you need to take a 5 A. No.
6 break for whatever reason, I'm happy to agree to do 6 Q. 72 hours?
7 so, just let me know; okay? 7 A. Wo.
8 A. Okay. 8 Q. In the last six months do you take any
9 Q. With one proviso is that if I ask a question | 9 prescribed medications?
10 of you and you haven't yet responded to it, I would | 10 A, I was on painkillers because I was run over
11 ask that you respond to the question before you take |11 by acar. I spent four months in a rehab.
12 =the break; does that make sense? 12 Q. You were run over by a car?
13 A. Yes. 13 A. Yes, I was.
“4 Q. Okay. Anything, any questions about these 4 Q. When was that?
15 ground rules that I've asked of you here today? 15 A. Decenber 16, 2018. It shattered my pelvis.
16 A. No. 16 Q. Did you initiate legal action for that?
1 Q. All right. Have you ever been a plaintiff 17 A. Workmans' comp.
18 ina civil lawsuit prior to this case? 18 Q. Okay. Well, what happened there, in tems
19 A. For my own personal injury. 19 of the workers' comp? You were obviously driving --
20 Q. Okay. Tell me about it. 20 or I'm sorry working at the time?
21 A. When I hurt my shoulder. 21 A Yes, I was.
22 Q. Did you file a lawsuit? 22 Q. Tell me about it.
23 AL Yes. 23 A. Iwas delivering newspapers. I did it for
24 Q. You hired a lawyer to do that? 24 27 years.
25 A. Yes. 25 Q. Okay. And you do that on foot?

 

 

U.S. LEGAL SUPPORT
www.uslegalsupport.comElizabeth L. Balzarano

 

 

February 05, 2020 10 to 13
Page 10 Page 12
1 A, Vehicle. 1 Q. With that being said, other than meeting
2 Q. And then what happened? 2 with your lawyers, did you do anything to prepare for
3 A. And foot. I got out of the car to deliver 3 today's deposition?
4 papers and I put the car which I thought was in park 4 A. No.
5 and got out and the front tire ran me over. 5 Q. Did you look at any documents?
6 Q. Okay. The vehicle you thought you parked in | 6 A, — No documents.
7 order to get out to deliver paper rolled on you? 7 Q. Legal documents --
8 Yes. 8 A. No.
9 Q. Knocked you down and shattered your hip? 9 Q. -- Like a lawsuit that was filed?
10 A. My pelvis. 10 A. No.
n Q. I'msorry, your pelvis. nn Q. Medical records?
12 And you pursued a workers! comp claim from 12 A. No. dust stuff I had written down.
13. that? 13 Q. Okay. What kind of stuff have you written
4 A. Yes, I did. 14 down?
15 Q. Okay. And you were in rehab for four months | 15 MR. SCARANO: John, I'm going have to assert
16 you said? 16 the attorney/client privilege here. Anything
7 A. Yes. Well, I was in the hospital for six 17 that she has -- notes that she has taken with
18 days, rehab for three months and two weeks. 18 respect to this case were at the direction of
19 Q. Where did the rehab take place? 19 counsel, so Elizabeth with respect to the
20 A. Meridian Rehab in Wall Township, New Jersey. | 20 documents that you reviewed and from your notes
21 Q. All right. And you took painkillers during | 21 from us, I'd ask you not to disclose it.
22 that process? 22 ~~ BY MR. MIDWALL:
23 . Yes. 23 Q. Okay. Let me just get into it a little bit,
24 Q. Did you stop taking pain killers? 24 so that I have to pursue it.
25 A. Yes. 25 Don't tell me about substantive
Page 11 Page 13
1 Q. All right. Any other claims that you filed | 1 conversations that you've had with your lawyers;
2 meaning a lawsuit? Workers’ compensation claim? 2 okay? Don't tell me about what was actually
3 No. 3 discussed. But you said that you have notes that you
4 Q. Insurance claim? 4 prepared?
5 A. No. 5 A. Just dates of when something happened.
6 Q. Okay. Do you suffer from any memory loss 6 Q. Okay.
7 that you are aware of? 7 A. If I got a phone call when she got arrested,
8 A. No. 8 you know, I just --
9 Q. Have you ever complained to a doctor, nurse, | 9 Q. Did you write it down at the time it
10 clinician that you feel like you have memory 10 happened?
11 problems? 1 A. No, no, no.
12 A. No. 12 Q. Did you do this recently?
B Q. Or that you feel like you have memory loss? | 13 A, No, Back when I decided I wanted to do
“4 A. No. 14 something about it, it wasn't right when it happened.
15 Q. Don't tell me about commnications that you | 15 Q. So was it just generally notes or dates from
16 had with your lawyers, that means either in writing /16 things in the past, the chronology of things in the
17 or verbally; okay? 17 past?
18 A. Okay. 18 A. Yes,
19 Q. As another ground rule is: I only want to 19 Q. All right. Does it have any of your mental
20 ask you about things that you know on your own, 20 impressions? Your thoughts? Anything like that?
21 meaning if you only kmow something because your 2 A. Wo.
22 lawyers have told you it, you're not to disclose that | 22 Q. Okay, And did you review it in order to
23. tome. That's attorney/client privilege information; |23 prepare for today's deposition?
24 do you understand that? 24 A. Just to refresh my memory.
25 A. Yes. 25 Q. Sure. When did you do that?

 

 

U.S. LEGAL SUPPORT
www.uslegalsupport.comElizabeth L. Balzarano

 

 

February 05, 2020 14 to 17
Page 14 Page 16
1 A. When did I look at it? 1 Q. So as soon as it was sent to you?
2 Q. Yes. 2 A. I looked at it.
3 A. During the week. 3 Q. Anything else that you've looked at at any
4 Q. This week, leading up to today's deposition? | 4 time since your daughter's passing --
5 A. Yes. But it's stuff I already had in my 5 A, No.
6 mind, 6 Q.  -- up to the present?
7 Q. Okay. Did you -- 7 A. Wo.
8 A. It's not stuff that I've got to read to 8 Q. Okay. Have you ever looked at the records
9 know. 9 from my client, Life Changes Addiction Treatment
10 Q. I think by your own words, you said you 10 Center?
11 wrote it to refresh your recollection; right? 1 A. Never, no.
2 A, To -- I already knew, I just reread it. 12 Q. Have you ever spoken to anyone who was
13 It's not like I had to. 13 employed by my client?
4 Q. I understand. I'm just asking questions. 14 A. I called there and they weren't allowed to
15 A. Okay. 15 give out any information.
16 Q. All right. Were those notes prepared during | 16 Q. When did this call take place?
17 conversations that you were having with your lawyers? | 17 A. Probably October or November of 2017,
18 A. No. 18 Q. Okay. Do you remember whom you spoke to?
19 Q. And you prepared those notes in order to 19 A. No.
20 just be able to do what with them? 20 Q. Do you know what their position was?
21 A. Get it out of my mind. Just everything was | 21 A. No. Whoever answered the phone.
22 just going through my mind. I just figured I'd write | 22 Q. Okay. You called over to Life Changes
23 it down. 23 © Addiction Treatment Center?
24 Q. Okay. When did you start doing this? Was | 24 A. Yes.
25 it before you hired a lawyer? 25 Q. What did you say?
Page 15 Page 17

1 ‘MR. GRAHAM: Objection, asked and answered. 1 A. I don't know for sure.
2 BY MR. MIDWALL: 2 Q. Do you remember any substance of what was
3 Q. You can answer. 3 discussed between you and that --
4 A, Probably last October after it happened. 4 A. No, I don't.
5 Q. October of 2017? 5 Q. -- person on the phone?
6 A. ‘17, yes. 6 A. No, I don't. Besides the knowledge that
7 Q. According to my understanding, your daughter | 7 they couldn't even tell me if she was there.
8 Michelle passed away in June of 2017? 8 Q. Okay. So just tell me, I want to know --
9 A. Yes. 9 A. They couldn't give out any information.
10 Q. And it's your testimony you started 10 Q. ‘They said to you we're not at liberty to
11 preparing those notes in October of 2017? 11 disclose --
2 A. I just jotted something down once in a great | 12 A. Right.
13. while. B Q.  -- if she was a patient there?
“4 Q. Okay. 4 A. Right. And I did ask them are you open?
15 A. Because my mind was always just everything 15 And they said yes, because I was told they were
16 just reliving stuff. 16 closed.
1 Q. Okay. Have you looked at any of the medical | 17 Q. Who told you that?
18 records associated with -- 18 A, Mimi the counselor -- her -- Mimi is her
19 A. No. 19 sponsor told me that. Nelson the owner of the
20 Q.  -- your daughter's passing? 20 Villa -- Cameron Villa told me that they closed, and
21 A. No. 21 I called the phone number and they're open.
22 Q. Autopsy report? 22 Q. Okay. So the first time you ever attempted
23 A. That, yes. 23 to contacted Life Changes, they picked up the phone?
24 Q. Okay. When did you do that? 24 A. Yes.
25 A, When I received it in the mail. 25 Q. And do you remember the gist of what you

 

 

U.S. LEGAL SUPPORT
www.uslegalsupport.comeeaannnmene

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Page 18

asked?
A. I wanted to know if they were open.
Q. Okay.
A, And I wanted to know if my daughter was

there prior, not at the current time. I knew she
wasn't there then,

Q. Okay. This is after you became aware your
daughter had passed away?

A. This was like October, Novenber.

Q. You had wanted to know if they were
opened and if they had been --

A. I was shocked when they answered the phone,
and they were opened,

Q. Okay. And if they had treated your

daughter?
A. Yes.
Q. All right.

A. They couldn't give out any information.

Q. Were you ever listed as the healthcare
surrogate for your daughter? when I say daughter,
I'm always referring to Michelle Balzarano unless I
say otherwise; do you understand and agree to that?

A. I think she put down me as -- when you check
into a hospital or something you put down -- what's
the word?

Page 19
MR, SCARANO: Emergency contact.

A. Yes. She put her sister down.

Q. Okay. dust so we're clear, your daughter --
and when I say daughter, I'm referring to
Michelle Balzarano; do you agree to that?

A. Yes.

Q. dust to make sure we're communicating
clearly.

Tt was your understanding that

Michelle Balzarano listed her sister for emergency
contact?

AL Yes.
Q. Not you?

A. Right.

Q. Any idea why?

A. That was the last person that took her to
the airport and dropped her off.

Q. Do you know that --

A. And I really don't think she wanted me any
more upset than I was.

Q. Do you know that that was the reason why
Michelle listed her sister as the point of contact?

A. I can't speak to that.

Q. What's the sister's name?

A. Camie Eldridge.

 

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Page 20
Spell that.

C-ati-e,

Last name?

E-l-d-r-i-d-g-e.

Is that your biological daughter?
Yes.

Where does she live?

 

Avon, New Jersey.
Do you have a relationship with her?
Yes.

and is Camie married?

No.

Divorced?

Yes.

Does she have any kids?

A son,

A son?

A son.

What's his name?

= az.

How old is QP

14.
Does he have any relationship with --

OoPOPOPOPO PO PO PO PO POPO PO PD

Page 21
Yes,

What's the relationship?
Well they're cousins.

Q. Are they close? Do they hang out? Are they
friends?

PoP

A. ‘They don't hang out, junior in high school
and the other is a freshman in high school.
is cooler than the other.

No one

Q. Right, The freshman isn't cool with the
senior --

A, Right.

Q.  -- or the junior; okay. But they've known
each other for years?

A, Uh-huh.

Q. "Yes"?

A. Yes.

MR. GRAHAM: One thing real quick.
him finish his question completely, even if you
know where he's going because sonetimes I might
need a second to make an objection and it'll make
it a lot easier for him; okay?
BY MR, MIDWALL:

Q. Yeah.
of things for this process.
my question is, but you have to let me ask it fully

dust let

So I forgot to say it. So a couple

You may anticipate whateeaannnmene

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before you respond; okay? I have to say it so the

court reporter can type it thoroughly and fully; make
sense?

Next, in terms of ground rules, if I'm
talking, you cannot, because if two people speak at
the same time, the court reporter is not going to be
able to accurately type down what's being said.
versa, when you're talking I'm going to do my best
not to talk so that you speak fully before I start to
follow up on questions; okay?

A. Okay.

Q. So pause, let me ask the question, pause
then start to answer; okay?

AL Yes.

Q. Okay. All right.
his mom,

Vice

So does Cf) live with
Camie?

Yes.

And they live in Avon, New Jersey?

Avon.

Avon. Where is that?

Monmouth County.

New Jersey?
Yes.

All right.
casey.

Do you have any other children?

POPOPOoO PO

Page 23
Another daughter?

Yes.
What's Casey's last name?

Floyd.

Floyd?

Yes.

Where does she live?

Avon.

How old is she?

30.

Is she married?

Yes.

What's her husband's name?

Andrew.

And do they have any children together?
Yes.

How many?

One.

What's the child's name?

_
How old is he?
5.

You see her?

 

Yes.

You see II

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A. Yes.

Q. Any other children?

AL No.

Q. You have three daughters?

AL Yes.

Q. Okay. So let me just go back briefly. So

what led you to want to call Life Changes to begin
with, back in October of 2017?

A, I was curious if they were still open,
because I was hearing different things.

Q. So tell me what you heard that led you to
call Life Changes?

A, I didn't hear other things.
on just Googling, I saw the name.

Q. What led you to do that?

A, I don't know, Just the whole situation,

Q. I'mnot in your life. I'm not in your head.
So I need you to explain what you mean by that.

A, I was getting very upset about the
I wanted to know what: happened.

Q. Did you know your daughter was at Life
Changes prior to her death?

A. Yes.

Q. How did you know that?

A. I knew that's where she was going and the

I saw the name

situation.

Page 25
ower picked her up at the airport.

Q. How do you know that?

A. Because I know that Yusfer was going to pick
her up at the aizport.

Q. How did you know that?

From Adrienne.

Who's Adrienne?

Adrienne Johnson.

Who is that?

A head peer leader from Lifeline.

How did you meet with him or speak with him?
Adrienne is a girl

Sorry, with her.

Another one called me Chris Lorenzo.
Un-huh, and continue please.

Through those two.

$o they called you and let you know that
your daughter, Michelle, was going to be going to
Life Changes?

A. Michelle got -- Michelle got picked up by
Belmar Police Station, they got in touch with that
group.

Q. Okay. And Belmar is where?

A. Monmouth County, New Jersey.

Q. And what was your understanding as how that

oPOoOPOoO POP OPSElizabeth L. Balzarano

 

 

February 05, 2020 26 to 29

Page 26 Page 28
1 was arranged that she got picked up, meaning arrested | 1 MR. GRAHAM: You can answer.
2 by the police in Belmar; correct? 2 ‘THE WITNESS: I figured it was through the
3 A. Yes. 3 police department, it was the best thing for her.
4 Q. Okay. And then what happened from there? 4 BY MR. MIDWALL:
5 A. ‘They had called me and notified me they had | 5 Q. Okay.
6 her in custody and they were trying to get her into | 6 A, I figured the police department -- they knew
7 a -- try to get her into a long-term rehab. 7 what they were doing.
8 Q. Who was the they that you're referring to? 8 Q. All right. So did you have any -- did you
9 A, It was Patrolman Borman. 9 have a power of attorney or any legal control over
10 Q. Okay. It was one of the officers whom 10 Michelle at that time that she was arrested?
11 arrested Michelle? 1 A. No. It was something she said she wanted to
12 Uh-huh. 12 do, she wanted to get better.
13 Q. "Yes"? 13 Q. Okay. Get better from her addiction?
4 A. Yes. He got in touch with Lifeline. 14 A. Yes.
1s Q. What was the name of the officer? 15 Q. Michelle voluntarily went to Florida?
16 A. Borman. 16 A. Yes,
7 Q. Is it he or she? 17 Q. All right. We're a little off on a tangent,
18 A. He. 18 but we'll get back there.
19 Q. What did he say to you? 19 How many total conversations have you had in
20 A, He said that they had my daughter in custody |20 your life with anyone associated with Life Changes
21 and that they were trying to get her into a long-term | 21 Addiction Treatment?
22 = rehab. 22 A. I think I talked to Chris just two times.
23 Q. Okay. And did he recommend Life Changes? 23 Q. Okay.
24 A. Yes. He told me that -- he didn't recommend | 24 A. Because after she passed, he was no longer
25 Life Changes. He told me that he was going to get in |25 with the company.

Page 27 Page 29
1 touch with Lifeline and they would be getting in 1 Q. All right, I'm talking about Life Changes
2 touch with me. 2 Addiction, not Lifeline Recovery?
3 Q. With Lifeline Recovery? 3 A. Life Changes?
4 AL Yes. 4 Q. Yes. My client is Life Changes.
5 Q. Had you ever heard of Lifeline before? 5 AL T haven't.
6 A. No. 6 Q. Okay. dust to