throbber
Filing # 186778478 E-Filed 11/27/2023 12:24:03 PM
`
`IN THE CIRCUIT COURT OF THE 4TH
`JUDICIAL CIRCUIT IN AND FOR
`DUVAL COUNTY, FLORIDA
`
`Case No. 16-2019-CA-007175
`DIV. CV-C
`
`MARION JACKSON, as legal
`guardian of PAUL LAVALLEE,
`
`Plaintiff,
`
`v.
`
`MANNING BUILDING SUPPLIES, INC.,
`and TOMMIE MARVIN LEACH,
`
`Defendants.
`________________________________________/
`
`PLAINTIFF’S AMENDED RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION FOR
`SUMMARY JUDGMENT REGARDING COUNT IV OF PLAINTIFF’S COMPLAINT
`Plaintiff, MARION JACKSON, as legal guardian of PAUL LAVALLEE (“Plaintiff”), by and through
`
`undersigned counsel, files this Amended Response in Opposition to Defendant’s Motion for Summary
`
`Judgment regarding Count IV of Plaintiff’s Complaint, and as grounds thereof, states as follows:
`
`SUMMARY OF UNDISUPUTED MATERIAL FACTS
`
`TOMMIE MARVIN LEACH (“Leach”)
`
`ANNING BUILDING SUPPLIES, INC. (“Manning”).
`
`was captured on video by Defendant, Manning’s, surveillance footage,
`
`“ .”
`
`Defendants’ flatbed truck slowing to a crawl and then
`
`in front of Defendant, Manning’s, place of business (“Manning’s
`
`1
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`ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/27/2023 03:46:30 PM
`
`

`

`property”), before it was rear
`
`at the “North Gate” of Manning’s property
`
`“ ” at p. 16, l. 16
`
`Defendant Leach’s
`
`“ ” at p. 21, l. 17
`
`, Leach’s deposition testimony attached as
`
`designated as an “Exit
`
`Only” gate with
`
`“Exit Only” affixed to both sides of the gate.
`
`“ .” It was Defendant, Manning, who placed the “Exit Only” signs at the North Gate.
`
`Manning’s property.
`
`and then the “South Gate.”
`
`North Gate, despite the “Exit Only” sign
`
`the “North Gate”
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`“Middle Gate”
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`According to Defendant, Manning, the “Exit Only” signs at the North Gate were intended
`
`Defendant’s
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`2
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`

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`“Cars Only Enter” and was primarily used
`
`for Manning’s employees to access the parking lot on Manning’s property.
`
`he “South Gate” displayed a sign stating “Trucks Enter Only”
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`“ .”
`
`with the North Gate as a “loop around the building
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`[and] delivery trucks.”
`
`“ .”
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`of traffic entering and exiting Manning’s property and directly impacted other motorists on Phillips
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`At the time of the crash, Manning’s property housed approximately forty (40)
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`Further, Manning’s property served “hundreds”
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`trailers when accessing Manning’s property.
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`Indeed, Manning’s property
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`“coming and going all day long”
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`occurred during Defendant, Manning’s hours
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`, but during “rush hour” traffic for both Manning’s employees and all other motorists on
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`, a “busy road” by Defendant, Manning’s, own admission
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`3
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`leading to Manning’s property from Phillips Highway
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`Manning’s
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`“ .”
`
`4
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`

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`“there is no genuine dispute as to any material fact and the movant is entitled to
`
`judgment as a matter of law.” Fla. R. Civ. P. 1.510(a). “[T]he correct test for the existence of a genuine
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`nonmoving party.”
`
`Moreover, “[c]
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`motion for summary judgment or for a directed verdict.”
`
`“
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`assessment of reasonableness generally is a factual question to be addressed by the jury.”
`
`(3) other sources in the common law; and (4) the general facts of the case.”
`
`with the fourth category, “Florida, like other jurisdictions, recognizes that a legal duty will arise
`
`whenever a human endeavor creates a generalized and foreseeable risk of harming others.”
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`whether the defendant’s conduct foreseeably created a broader “zone of risk” that poses a general
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`Within the zone of risk created by the defendant, the defendant “is
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`required to exercise prudent foresight whenever others may be injured as a result.”
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`“requirement of reasonable, general foresight is the core of the duty element,” is not a question for
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`the jury to decide, and instead, “is the standard of conduct given to the jury for gauging the
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`defendant’s factual conduct.”
`
`. It follows that “the trial and appellate courts cannot find a lack
`
`of duty if a foreseeable zone of risk more likely than not was created by the defendant.”
`
`Supreme Court, in determining a legal duty existed, reasoned that “power
`
`contact with that equipment.”
`
`. at 504. Guiding the Supreme Court was electricity’s power to
`
`kill and maim, which was “the precise reason the duty imposed upon power companies is a heavy
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`one, because the risk defines the duty.”
`
`by clarifying that the “conditions on
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`a landowner’s property resulting in injuries or damages to a plaintiff off the landowner’s premises
`
`should be evaluated by the established principles of negligence law.”
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`the district court’s affirmation of the dismissal of the pedestrians’ negligence claim, held that the
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`landowner’s foliage “created a foreseeable zone of risk posing a general threat of harm toward
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`6
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`[…] pedestrians and motorists using the abutting streets and sidewalks that would reasonably be
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`affected by the traffic flow of the business.”
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`Supreme Court took inventory of the “frequent coming and going of motor vehicles” and
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`“continuous flow of traffic entering and existing the premises for the commercial benefit of the
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`landowners.”
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`maintained “consistent with the safe egress and ingress of vehicles attracted to the business and
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`persons affected thereby.”
`
`legal duty of a bar patron was established after the bar patron’s friend battered a
`
`Leading up to the attack by the bar patron’s friend, the bar patron merely stood in the
`
`path of the man who was in a confrontation with the bar patron’s friend, obstructing the man’s
`
`, 139 So.3d at 862. There was no evidence that the bar patron “colluded”
`
`. at 863. Nevertheless, the Supreme Court found that the bar patron’s “conduct in blocking [the
`
`victim’s] ability to escape from the escalating situation created a foreseeable zone of risk posing a
`
`general threat of harm to others.”
`
`inquiry was whether, under the facts, the bar patron’s conduct “created a general zone of
`
`foreseeable harm to others.”
`
`, Manning’s property was a place of business
`
`experiencing a “continuous flow of traffic” for the benefit of Manning.
`
`consistent fleet of vehicles entering and exiting Manning’s property consisted of tractor
`
`7
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`

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`from Phillips Highway, a “busy” highway by Defendant’s own admission. The injured pedestrians
`
`, like Plaintiff, were injured outside of the defendant’s property
`
`the defendant’s property.
`
`attempting to exit Manning’s property through the North
`
`The “safe egress and ingress of
`
`vehicles” was consequently impacted, leading to the crash, as was the case in
`
`Moreover, Defendant’s tunnel
`
`Plaintiff’s driver
`
`driver’s egregious conduct was a substantial cause to Plaintiff’s injuries, Defendant’s knowledge
`
`While Plaintiff’s
`
`of establishing a legal duty, what matters is whether Defendant’s conducted created a foreseeable
`
`free flow of traffic on Phillips Highway, Defendant’s conduct created a broader zone of risk to
`
`as the bar patron’s act of blocking the victim’s path of escape created a broader zone
`
`Defendant’s negligence; therefore,
`
`Plaintiff’s injuries were foreseeable by way of
`
`The element of proximate cause “is concerned with whether and to what extent the
`
`defendant’s conduct foreseeably and substantially caused the specific injury that actually occurred.
`
`, 593 So. 2d 500, 502 (Fla.1992). Moreover, “harm is ‘proximate’ in
`
`8
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`

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`substantially caused by the specific act or omission in question.”
`
`. at 503. “[I]t is not necessary
`
`manner in which the injuries occur.”
`
`Crucially, “the question of foreseeability as it relates to proximate causation generally must
`
`finder to resolve.”
`
`, 593 So. 2d at 504. “The judge is free to take this
`
`.”
`
`. (emphasis added). “Circumstances
`
`.”
`
`“[i]f an intervening cause is foreseeable the original negligent actor may still
`
`be held liable. The question of whether an intervening cause is foreseeable is for the trier of fact.”
`
`intervening cause hinges on “whether the harm that occurred was within the scope of the danger
`
`attributable to the defendant’s negligent conduct.”
`
`to a complete stop on a highway (“Vehicle 1”).
`
`truck stopped behind the plaintiff (“Vehicle 3”).
`
`(“Vehicle 4”) ran not the back of Vehicle 3 between 60 and 65 mph.
`
`9
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`

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`plaintiff’s vehicle, injuring her.
`
`for summary judgment, stating Vehicle 4 was an intervening cause that superseded Vehicle 1’s
`
`nable jury could conclude that Vehicle 1’s negligence proximately caused the plaintiff’s
`
`1’s] negligent conduct is answered by the following question: Is the subsequent
`
`vehicle, a flatbed truck, was operated by Defendant, Manning’s, driver, who by Defendant’s
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`account was permitted to enter the North Gate despite the gate being designated an “Exit Only” by
`
`Defendant’s operation of the North Gate. Here, as in
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`complete stop in traffic on a “busy” highway during rush hour, and accordingly, is a question for
`
`WHEREFORE, the Plaintiff prays that the Court deny the Defendant’s Motion for
`
`Summary Judgment regarding Count IV of Plaintiff’s Complaint, based upon the foregoing
`
`10
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`

`

`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFYthat the foregoing has beenelectronically filed with Florida's Court
`
`E-Filing Portal on November 27, 2023, and a true and correct copy of the foregoing has been
`
`electronically delivered to J. Brent Allen, Esq., Geoffrey Sessions, Esq., Elisabeth Adamson,Esq.,
`
`and Kevin Davis, Esq., HALL BOOTH SMITH,P.C., Attorneys for Defendants, 200 W. Forysth
`
`Street,
`
`Suite
`
`400,
`
`Jacksonville,
`
`FL
`
`32202,
`
`allenfilings@hallboothsmith.com,
`
`Gsessions@hallboothsmith.com,
`
`kevindavis@hallboothsmith.com,
`
`and
`
`eadamson@hallboothsmith.com, and Seth Schwartz, Esq.. THE SCHWARTZ LAW GROUP,
`
`
`
`P.A., 10365 Hood Road, #104, Jacksonville, FL ¥2257[eervice(aHlaomey.ne]@flattorney.net
`
`LONG, JEAN & WECHSLER,P.A.
`Co-Counsel for Plaintiff
`1937 E. Atlantic Blvd., #205
`Pompano Beach, FL 33060
`Phone: (954) 597-6770
`pleadings@ljwlegal.com (service email)
`
`By: 4/Ryan M. Wechsler
`Ryan M. Wechsler, Esq.
`Florida Bar No.: 114795
`ryan@ljwlegal.com
`
`DEMESMIN & DOVER, PLLC
`Attorneysfor Plaintiff
`1650 SE 17th Street, #100
`Fort Lauderdale, FL 33316
`Phone: (866) 954-6673
`Service Emails: GURNEYSERVICE@DD-Legal.com
`GURNEYSCHEDULING@DD-Legal.com
`
`By: 4/Nicholas S. Gurney
`Nicholas S. Gurney, Esq.
`Florida Bar No. 125013
`
`11
`11
`
`

`

`EXHIBIT “A”
`
`https://ljwlegal.filev.io/r/s/2a677RDaKtY VEIsQz9mhbftaMPY mHBIFJ8kK5YpVJsBTia8HtkU0iprv
`
`

`

`EXHIBIT“B”
`
`

`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`
`IN THE CIRCUIT COURT OF THE 4TH
`JUDICIAL CIRCUIT IN AND FOR
`DUVAL COUNTY, FLORIDA
`
`CASE NO.: 16-2019-CA-007175 DIV. CV-C
`
`MARION JACKSON, as legal
`guardian of PAUL LAVALLEE,
`
`Plaintiff,
`
`Vs.
`
`MANNING BUILDING SUPPLIES,
`and TOMMIE MARVIN LEACH,
`
`INC.,
`
`Defendant.
`
`NOTARY PUBLIC, STATE OF FLORIDA
`
`ALL PARTIES APPEARED REMOTELY
`PURSUANT TO
`FLORIDA SUPREME COURT ORDER AOSC20-23
`
`VIDEOTAPED DEPOSITION OF STEPHEN WIECHENS
`
`TAKEN ON BEHALF OF THE PLAINTIFF
`
`AUGUST 31, 2023
`10:06 A.M. TO 12:53 P.M.
`
`REPORTED BY:
`BRANDY SPOUTZ, CER, COURT REPORTER
`
`877-291-3376
`—- UN IVERSAL
`
`_.16COURT REPORTING :
`7
`aig
`rac
`www.ucrinc.com
`CLEAR
`\LUE. EV
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`

`

`
`
`is that fair?
`
`MR. ALLEN:
`
`Form.
`
`BY MR. WECHSLER:
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`You can still respond.
`
`Correct.
`
`The property has three driveways; correct?
`
`Correct.
`
`And these three driveways abut Philips
`
`Highway; correct?
`
`A
`
`Q
`
`Correct.
`
`There's a north gate, a middle gate, and then
`
`a south gate. And these gates are all affixed to these
`
`three driveways that we just talked about; right?
`
`A
`
`Q
`
`Correct.
`
`The incident that we are here for today
`
`occurred at the north gate, do I have that right?
`
`A
`
`Q
`
`You do.
`
`Have these three gates -- I'm going to use
`
`gates and driveways interchangeably.
`
`Is that
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`comfortable for you?
`
`A
`
`Q
`
`Yes.
`
`Okay. These three gates, have they always
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`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 16
`——r—rrcrrrre
`your window is roughly the same as the security camera;
`
`been at the property since your time at the company?
`
`A
`They have.
`
`—SJUNIVERSAL
`877-291-3376
`COURT REPORTING
`www.ucrinc.com
`Y CASI
`
`Al
`
`

`

`Q
`
`And by the way, for the 20 year period that
`
`you've been at the company, have you always worked at
`
`that Jacksonville location?
`
`A
`
`Q
`
`I have.
`
`What distinguishes these three gates from one
`
`another? Tell me about their function and their use.
`
`A
`
`The north gate and the south gate,
`
`their main
`
`function is they provide a loop around the building for
`
`ease of ingress and egress of long tractor trailers,
`
`the
`
`delivery trucks.
`
`The middle gate is primarily into our front
`
`parking lot, which is more, you know,
`
`the regular
`
`traffic, employees, stuff like that.
`
`Q
`
`A
`
`What do you mean by regular employees?
`
`Well,
`
`the employees,
`
`there's employee parking,
`
`customer parking,
`
`that kind of thing.
`
`The middle gate
`
`does not support, you know, a 53 foot tractor trailer
`
`trying to come in there.
`
`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 17
`
`clarification.
`
`Can trucks go through that middle gate?
`
`Yeah.
`
`Are you saying the 53 inch trailers cannot?
`
`MR. ALLEN:
`
`Form. You mean feet?
`
`MR. WECHSLER:
`
`I'm sorry, yes.
`
`I think 53
`
`inches is incorrect.
`
`53 feet. Thanks for that
`
`877-291-3376
`~JUNIVERSAL
`__|COURT REPORTING
`CLEAR VALUE. EVERY CASI
`www.ucrinc.com
`
`

`

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`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 18
`
`A
`
`You are going to have to ask that question
`
`again.
`
`BY MR. WECHSLER:
`
`Q
`
`No problem. And if that happens at all in the
`
`depo, let me know.
`
`A
`
`Q
`
`No problem.
`
`The 53 foot trailers, can they get through
`
`that middle gate?
`
`A
`
`Q
`
`They can.
`
`It's tight.
`
`Is there a rule at all that they are not
`
`supposed to?
`
`A
`
`We try to encourage them to go through the
`
`southern gate.
`
`Q
`
`The employee parking lot,
`
`is that at or near
`
`the middle gate?
`
`A
`
`Q
`
`A portion of it is.
`
`How about in dimensions? Are any of the gates
`
`bigger than one another and can you tell me about how
`
`they are different?
`
`A
`
`I believe they are all the same size.
`
`I have
`
`not put a tape measure on them to tell you for sure.
`
`Q
`
`Fair enough.
`
`How many employees were working
`
`at Manning Building Supplies in May of 2018? And let me
`
`be more specific. At the Jacksonville location is what
`
`I'm referring to.
`
`~oJ)UNIVERSAL
`Co URT REPORTING
`VA
`Bs
`ERY 4
`ee head
`Cisse.
`
`877-291-3376
`.
`www.ucrinc.com
`
`

`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 38
`
` Depot or something like that.
`
`Q
`
`When you say you don't sell to those
`
`customers, was that an absolute rule as of May of 2018?
`
`A
`
`Q
`
`A
`
`Q
`
`It still is.
`
`It was and is?
`
`That's correct.
`
`Thanks. Now, even though you wouldn't sell to
`
`them, was it common place for private customers showing
`
`up to Manning Building Supplies during hours of
`
`operation on a daily basis?
`
`A
`
`Q
`
`Not on a daily basis. But it's not uncommon.
`
`Okay. But in May of 2018, it would be normal
`
`to have none show up on a day;
`
`is that correct?
`
`A
`
`Correct.
`
`Q
`
`Okay.
`
`In May of 2018, did the north gate have
`
`any signage affixed to it or outside of it?
`
`A
`
`Q
`
`A
`
`Yes.
`
`And what signage was there at that north gate?
`
`It's signage on the fence actually I believe
`
`
`
`next to the gate columns that is exit signage.
`
`Q Do you know exactly what it said?
`
`
`date of the incident, May 2nd, 2018.
`
`>) UNIVERSAL
`877-291-3376
`16 COURT REPORTING
`www.ucrinc.com
`
`A
`
`I do not.
`
`I don't know if it says exit only
`
`or just exit.
`
`Q
`
`Was there one exit sign -- and let's go to the
`
`__
`
`(
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`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 39
`
`Was there one sign at the north gate that said
`
`exit only or were there multiple?
`
`A
`
`Q
`
`I believe it's on each side of the entrance.
`
`I'm going to show you a photograph.
`
`I'm going
`
`to mark this as Plaintiff's Exhibit -- I forgot if we
`
`are using 1 or A, but we are going to call it 2. It
`
`think I was using numbers. Here we go.
`
`(Thereupon, Plaintiff's Exhibit 2 was entered
`
`
`
`into the record.)
`
`BY MR. WECHSLER:
`
`Q
`
`I'm going to share my screen with you. Let me
`
`know when you can see the photograph.
`
`A
`
`Q
`
`Exhibit 2.
`
`A
`
`Q
`
`I can see the photograph.
`
`Okay.
`
`I'm going to mark this as Plaintiff's
`
`Is this the north gate?
`
`Lt 2S.
`
`Is this how the north gate looked in May of
`
`2018 with respect to the signage?
`
`A
`
`Q
`
`I believe so.
`
`There's a sign to the right that says exit
`
`only and points in the direction of the driveway;
`
`correct?
`
`
`
`A
`
`Correct.
`
`And then there's a sign on the other side of
`
`SJUNIVERSAL
`6 COURT REPORTING
`EAE
`i
`1
`E.
`EVERY CASEI
`CLEAR VALUE.
`|}
`Ke
`
`877-291-3376
`Www.ucrinc.com
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`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 40
`
`the driveway that says exit only; right?
`
`A
`
`Q
`
`Correct.
`
`Ignore this next picture. And are those signs
`
`still at the property?
`
`A
`
`Q
`
`Yes.
`
`How long have those signs or any sign
`
`designating the same information that it's an exit only,
`
`been at that north driveway?
`
`A
`
`Q
`
`A
`
`As long as I can remember.
`
`As long as you have worked the company; right?
`
`I don't remember exactly 20 years ago, but
`
`they have been there for a long time.
`
`Q
`
`Do you have any -- when did the company first
`
`decide to put these signs up?
`
`A
`
`Q
`
`A
`
`Q
`
`I don't know.
`
`Was it the company that put these signs up?
`
`Yes.
`
`Do you know who on behalf of the company made
`
`that decision or what position in the company that
`
`person would have been in?
`
`A
`
`Q
`
`No,
`
`I do not.
`
`Has there ever been any training of the
`
`employees at Manning Building Supplies as to what these
`
`Signs mean or what they indicate to the employees?
`
`A
`
`In what form?
`
`a)UNIVERSAL
`16 COURT REPORTING
`R VALUE. Ev!
`
`877-291-3376
`Www.ucrinc.com
`
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`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 16
`
`your window is roughly the same as the security camera;
`
`is that fair?
`
`
`
`
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`MR. ALLEN: Form.
`
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`BY MR. WECHSLER:
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`You can still respond.
`
`Correct.
`
`The property has three driveways; correct?
`
`Correct.
`
`And these three driveways abut Philips
`
`Highway; correct?
`
`A
`
`Q
`
`Correct.
`
`There's a north gate, a middle gate, and then
`
`a south gate. And these gates are all affixed to these
`
`three driveways that we just talked about; right?
`
`A
`
`Q
`
`Correct...
`
`The incident that we are here for today
`
`occurred at the north gate, do I have that right?
`
`A
`
`Q
`
`You do.
`
`Have these three gates -- I'm going to use
`
`gates and driveways interchangeably.
`
`Is that
`
`comfortable for you?
`
`A
`
`Q
`
`Yes.
`
`Okay. These three gates, have they always
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`been at the property since your time at the company?
`
`A
`They have.
`
`°) UNIVERSAL
`877-291-3376
`OURT REPORTING
`:
`WH
`Emin Vit. cena’
`Pads
`www.ucrinc.com
`
`

`

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`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 42
`
`What do they indicate or what do they represent?
`
`A
`
`They are to prevent the third-party vendor
`
`tractor trailers from using that exit and from the
`
`public from pulling in that exit.
`
`Q
`
`Have the signs ever at any point added
`
`language that indicates that the signs are for third-
`
`party tractor trailers or vendors or anything like that?
`
`A
`
`Q
`
`No.
`
`Those signs have never, ever said that at all
`
`in any capacity; right?
`
`A
`
`Q
`
`A
`
`Q
`
`No.
`
`It's always just been exit only; right?
`
`I believe so.
`
`Now, while you have indicated that there is no
`
`documentation explaining what these signs represent,
`
`the
`
`exit only signs,
`
`is there anything that is unwritten at
`
`Manning Building Supplies that you can tell me about
`
`that describes or explains what these signs represent?
`
`A
`
`Well, our employees can use whatever entrance
`
`and exit.
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`So exit only does not apply to your employees?
`
`It's not written, but sure, that's correct.
`
`And that was true in May 2018?
`
`That's correct.
`
`Were they ever told that?
`
`
`
`- SSUNTIVERSAL
`1
`COURT REPORTING
`
`877-291-3376
`www.ucrinc.com
`
`21
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`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
` Wiechens, Stephen on 08/31/2023
`Page 43
`
`A
`
`Q
`
`I do not know that.
`
`And I want to be more specific. Was any
`
`employee ever told that on or before May 2nd, 2018?
`
`that?
`
`A
`
`Q
`
`A
`
`Q
`
`I don't know.
`
`Do you know if Marvin Leach was ever told
`
`I don't know who Marvin Leach is.
`
`Okay. That would be the driver that was
`
`driving for Manning that was involved in this collision.
`
`A
`
`Q
`
`A
`
`Leach?
`
`Tommie Leach?
`
`I apologize.
`
`Tommie Leach. That's correct.
`
`Okay.
`
`So what was your question about Tommie
`
`Q
`
`Was Tommie Leach ever told or explained what
`
`this exit only signage meant?
`
`A
`
`I don't know.
`
`He knows he's allowed to come
`
`in any gate.
`
`Q
`
`Okay.
`
`So let's trace back over some things we
`
`started to cover.
`
`Who was it that was not allowed to enter the
`
`north gate on May 2nd, 2018?
`
`A
`
`Q
`
`The ‘public.
`
`I take that to mean anybody that was not an
`
`
`
`employee of Manning Building Supplies;
`
`is that right?
`
`That would include that.
`
`A
`
`~eJUNTVERSAL
`UU
`OURT REPORTING
`CLEA
`
`877-291-3376
`Www.ucrinc.com
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`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 44
`
`Q
`
`A
`
`material.
`
`Well,
`
`I want to make sure I'm thorough here.
`
`The public is also our vendors delivering
`
`Q
`
`So when you say the public, do you mean anyone
`
`who was not an employee of Manning Building Supplies was
`
`disallowed from entering the north gate?
`
`A
`
`Well,
`
`I don't know what authority we had to
`
`disallow them, but that is what we were trying to
`
`portray.
`
`Q
`
`Fair enough.
`
`The point of the exit only signs
`
`was that it applied to anyone who was not an employee of
`
`Manning Building Supplies;
`
`is that right?
`
`A
`
`Q
`
`Correct.
`
`In other words, Manning Building Supplies'
`
`employees were the only ones by Manning Building
`
`Supplies' own policies that were permitted to enter the
`
`property from the north gate;
`
`is that right?
`
`MR. ALLEN:
`
`Form.
`
`A
`
`That's the intention.
`
`BY MR. WECHSLER:
`
`Q
`
`In May 2018 or anytime prior, had any customer
`
`ever came through that exit only north gate?
`
`A
`
`Q
`
`A
`
`I'm sure.
`
`How about vendors?
`
`I'm sure.
`
`
`
`©) UNIVERSAL
`_ i COURT REPORTING
`AR VALL
`
`877-291-3376
`Wwww.ucrinc.com
`
`

`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 46
`
`
`
`MR. ALLEN:
`You can answer.
`
` THE WITNESS: Okay.
`
`A
`Your question is -- ask it again.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Right. But for what purpose was it that the
`
`
`public was not to use the north gate to enter?
`
`©) UNIVERSAL
`877-291-3376
`CouRT REPORTING
`_I6
`CLEAR VALUE.
`EVERY CASE.
`
`traffic flow; is that right?
`
`MR. ALLEN:
`
`Form.
`
`A
`
`It had to do with our vendor trucks, our
`
`vendors'
`
`trucks bringing material to our job site and
`
`our fleet using that gate to leave and to refuel at the
`
`end of the day.
`
`BY MR. WECHSLER:
`
`Q
`
`
`Www.ucrinc.com
`
`
`
`
`
`BY MR. WECHSLER:
`
`Q
`
`Sure. Absolutely. What was the company
`
`trying to accomplish by making sure that the public as
`
`you have described it did not enter the north gates with
`
`these exit only signs?
`
`MR. ALLEN:
`
`Form.
`
`A
`
`It was to try to get
`
`the vendor tractor
`
`trailers to come in the south gate and generally
`
`speaking,
`
`leave the north gate open for our trucks
`
`leaving. And to leave it open for our trucks returning
`
`and fueling up at the end of the day.
`
`BY MR. WECHSLER:
`
`Q
`
`Bear with me a moment.
`
`So this had to do with
`
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`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 45
`
`A
`
`I think if you sat out there, you'd see it
`
`happen frequently throughout the day.
`
`Q
`
`A
`
`So that would be a frequent daily occurrence?
`
`I don't know.
`
`I've never sat out there and
`
`surveyed it.
`
`Q
`
`A
`
`Q
`
`You have seen it happen before; right?
`
`Yeah.
`
`Was there anyone on the property in May 2018
`
`or any time prior to that that monitored this north gate
`
`north gates.
`
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`
`
`Q
`
`How about anyone else from the general public?
`
`
`
`
`
`
`
`
`
`
`
`
`or supervised this north gate to make sure that it was
`
` being utilized properly?
` A
`No.
`
`
` vendors, or anyone
`
`Were any of the customers,
`Q
`from the public ever given any materials or information
`
` about the use of the exit only gates?
` A
`
`No.
`
` Q
`
`And when I say exit only gates,
`I mean the
`
`
`Same answer?
`
` A
`Same answer.
`
`
`
`What was the reason that these signs were put
`Q
`
`at the north gate for purposes of the public? What was
`
` the company trying to accomplish?
` MR. ALLEN:
`Form.
`
`
`
`THE WITNESS: You want me to answer?
`
`~S)UNIVERSAL
`877-291-3376
`UE COURT REPORTING
`www.ucrinc.com
`EVERY CASI
`
`

`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 63
`
`indicate exit only were first brought to the north gate?
`
`Q
`
`Do you know who designed or ordered those
`
` A
`I do not.
`
`
`
`Q
`
`Do you know if they were make in-house by
`
`Manning Building Supplies?
`
`A
`
`Q
`
`A
`
`We did not make them.
`
`So they were received by some outside vendor?
`
`I would imagine. We don't have anything that
`
`would make signs that I am aware of.
`
`Q
`
`Are there any signs affixed to the middle
`
`gate? The one that comes after the north gate?
`
`A
`
`Q
`
`A
`
`Yes.
`
`And what signs are those?
`
`They say car entrance, or something to that
`
`
`
` A
`I do not.
`
`
` signs?
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff's Exhibit Number 5.
`
` (Thereupon, Plaintiff's Exhibit 5 was entered
`
`
`
`
`guNIVERSAL
`877-291-3376
`
`
`
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`effect, cars only.
`
`Q
`
`Do you know what vendor made that sign,
`
`the
`
`exit only sign?
`
`A
`
`Q
`
`I do not.
`
`Okay.
`
`I'11 show you what I'm going to mark as
`
`into the record.)
`
`BY MR. WECHSLER:
`
`C
`
`COURT REPORTING
`2 VALUE. EVERY CASE.
`
`Www.ucrinc.com
`
`

`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 64
`
`Can you see my screen?
`
`E41d0:,
`
`Is this the middle gate?
`
`Te 61.
`
`can see the back corner of the building, and that turn
`
`And do you see that sign that says cars only
`
`I do.
`
`And was that sign there on May 2nd, 2018?
`
`That sign or one similar to it, yes.
`
`Q
`
`Has a sign -- has that sign or a sign similar
`
`to it always existed at the middle gate since the time
`
`that you started with the company?
`
`A
`
`I can't say the day I started for certainty,
`
`but there's been a sign there for quite some time.
`
`Q
`
`A
`
`Q
`
`Is it still there?
`
`Yes.
`
`And what does this sign mean when it says cars
`
`only.
`
`I know what
`
`the word car means and I know what
`
`the word only means. But cars can mean also a lot of
`
`different things.
`
`So what is this sign specifically indicating?
`
`A
`
`It means not tractor trailers. Any personal
`
`or standard sized vehicle.
`
`If you look straight down that alleyway, you
`
`—e) UNTVERSAL
`QU COURT REPORTING
`LR
`Ev
`
`877-291-3376
`www.ucrinc.com
`
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`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 17
`
`Q
`
`And by the way, for the 20 year period that
`
`you've been at the company, have you always worked at
`
`that Jacksonville location?
`
`A
`
`Q
`
`I have.
`
`What distinguishes these three gates from one
`
`another? Tell me about their function and their use.
`
`A
`
`The north gate and the south gate, their main
`
`function is they provide a loop around the building for
`
`ease of ingress and egress of long tractor trailers,
`
`the
`
`clarification.
`
`delivery trucks.
`
`The middle gate is primarily into our front
`
`parking lot, which is more, you know,
`
`the regular
`
`traffic, employees, stuff like that.
`
`Q
`
`A
`
`What do you mean by regular employees?
`
`Well,
`
`the employees,
`
`there's employee parking,
`
`customer parking,
`
`that kind of thing.
`
`The middle gate
`
`does not support, you know, a 53 foot tractor trailer
`
`trying to come in there.
`
`Can trucks go through that middle gate?
`
`Yeah.
`
`Are you saying the 53 inch trailers cannot?
`
`MR. ALLEN:
`
`Form. You mean feet?
`
`MR. WECHSLER:
`
`I'm sorry, yes.
`
`I think 53
`
`inches is incorrect.
`
`53 feet. Thanks for that
`
`SJUNIVERSAL
`COURT REPORTING
`__'@
`CLEAR VALUE. Ev!
`ERY CASE.
`
`877-291-3376
`;
`Www.ucrinc.com
`
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`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 68
`
`Let's talk about the south gate. Does the
`Q
`
`
`
`south gate have any signs?
`
`It does.
`
`What signs were at the south gate on May 2nd,
`
`Truck entrance.
`
`The sign said truck entrance?
`
`Words to that effect.
`
`Understood. Were there any other signs?
`
`Not that I'm aware of, but I could go look.
`
`I'm going to show you my screen.
`
`I'm going to
`
`A Q
`
`PrP0PPOOPF
`
`Q
`
`2018?
`
`mark this
`
`as Plaintiff's Exhibit 6.
`
`(Thereupon, Plaintiff's Exhibit 6 was entered
`
`into the record.)
`
`BY MR. WECHSLER:
`
`Can you see my screen?
`
`I can.
`
`What does this photograph depict?
`
`The south gate.
`
`I'm going to zoom in here.
`
`Is it zooming on
`
`Q A Q A Q
`
`your end?
`
`
`
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`
`Yes, it is.
`
`So there's a trucks enter only sign; right?
`
`That's correct.
`
`A Q A Q
`
`877-291-3376
`
`Www.ucrinc.com
`
`And that's the sign that was there on May 2nd,
`[esBe
`©) UNIVERSAL
`Sua PORTING
`
`

`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 79
`
`that that driveway had absolute permission for vehicles
`
`to exit that area?
`
`A
`
`Q
`
`Yes.
`
`How about vehicles that could enter? Could
`
`any vehicle,
`
`irrespective of who it was driven by or
`
`what kind of vehicle it was, enter the south gate?
`
`A
`
`Q
`
`Yes.
`
`Okay.
`
`So it wasn't that only tractor trailers
`
`could enter that south gate, but that tractor trailers
`
`could only -- strike that. Let me rephrase.
`
`It wasn't that tractor trailers were the only
`
`vehicles that were permitted to enter the south gate,
`
`but it was the only driveway that tractor trailers could
`
`volume?
`
`go through.
`
`Is that right?
`
`A
`
`Q
`
`That's the intention. Yes.
`
`Bear with me one minute. Thanks.
`
`Are any one of these three driveways busier
`
`than the other?
`
`A
`
`Q
`
`No.
`
`Sorry, I heard you, but I didn't -- I heard
`
`something that you said, but I didn't hear what it was.
`
`A
`
`Q
`
`I said no, not really.
`
`There's no way to -- there's no distinction
`
`between any one of the three driveways in terms of the
`
`eo) UNTIVERSAL
`a COURT REPORTING
`(LEAR
`ALUEFE
`ry
`
`877-291-3376
`www.ucrinc.com
`
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`

`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
` Wiechens, Stephen on 08/31/2023 Page 95
`
`
`Q
`
`A
`
`Did you hear the question?
`
`I did.
`
`It was broken up a little bit. Could
`
`you play it again?
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`Sure.
`
`I'll repeat it.
`
`Okay.
`
`I'm sorry.
`
`That's okay.
`
`The audio is a little tricky.
`
`That's okay.
`
`If you don't understand the
`
`question at any point,
`
`just let me know and I'll be
`
`happy to repeat it or rephrase it.
`
`The signs that Manning Building Supplies put
`
`up at each of these driveways, by their design were made
`
`to dictate the flow of traffic; correct?
`
`A
`
`The flow of traffic on our property and off
`
`our property, yes sir.
`
`Q
`
`And that flow of traffic directly impacted
`
`other motorists on Philips Highway, wouldn't you agree?
`
`
`
`MR. ALLEN:
`
`Form.
`
`A
`
`Sure.
`
`BY MR. WECHSLER:
`
`Q
`
`Did Manning Building Supplies take into
`
`consideration at all the safety of other motorists when
`
`it came to the decision to designate these driveways the
`
`way that they did?
`
`MR. ALLEN:
`
`Form.
`
`
`
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`
`tlreIVERSALCURL RERORTINGASE.
`877-291-3376
`
`
`
`www.ucrinc.com
`
`

`

`Marion Jackson LG Paul Lavallee vs Manning Building Supplies
`Wiechens, Stephen on 08/31/2023
`Page 96
`
`A
`
`Yes.
`
`BY MR. WECHSLER:
`
`Q
`
`Because the safety of other motorists, even if
`
`they are not visiting Manning Building Supplies,
`
`is
`
`still important
`
`to Manning Building Supplies; right?
`
`MR. ALLEN:
`
`Form.
`
`A
`
`That's correct.
`
`BY MR. WECHSLER:
`
`Q
`
`And Manning Building Supplies knew that if
`
`traffic came to a standstill because of its own property
`
`on Philips Highway that that c

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