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Practice-Transcript-6_Redacted_F116

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10<br />

1<br />

MR. MATES: And in that case the plaintiff was<br />

2 shot at the bus station. The bus station -- you have the<br />

3 Metrorail System basically right here, Judge. And the bus<br />

4 station is right here. Within the fence area. They're<br />

5 side-by-side.<br />

6 The plaintiff in that case was never a patron of<br />

7 the Metrorail. He was going from one bus to another. He<br />

8 was waiting for the transfer when he was shot and he<br />

9 brought an action against 50 States Security and the<br />

10 trial -- the trial court in Dade County granted the motion<br />

11 for summary judgment saying there was no duty owed to him<br />

12 because he was never a patron of the Metrorail System and<br />

13 that went up on appeal and was a procurement affirmed. I<br />

14 showed you the brief and I showed you the PCA. This case<br />

15 is so much different. To me, it's so much more clearer<br />

16 because he wasn't even inside the fenced area.<br />

17 But, in any event, he certainly was not a patron<br />

18 of the Metrorail System.<br />

19 THE COURT: That grassy area where he said in<br />

20 Spanish and then in English this is where he fell after he<br />

21 was shot, I thought there was a fence around that.<br />

22 MR. MATES: There's a fence.<br />

23 THE COURT: So who owns that property?<br />

24 MR. MATES: Dade County owns that property.<br />

25 THE COURT: And you can establish, as a matter of

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