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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