Practice-Transcript-6_Redacted_F116

12
1 deposition.
2 THE COURT: Okay.
3 MR. MATES: I am paraphrasing, but it basically
4 says, "If a security guard was on the sidewalk or on the
5 grassy area, he would be away from his post?" And if he's
6 away from his post, there are consequences that could
7 occur and that's why they had to be where they are. And
8 the case law, Judge, just to give you a level --
9 THE COURT: Can I try this again? I'm sorry. I
10 have been in special sets all day and I must not be
11 articulating my question. I am less concerned with, in
12 all respect given to Mr. and his position, I am
13 less concerned with his interpretation of the contract.
14 In fact, I can't allow his interpretation of the contract
15 inform my decision because that's having him do my job.
16 As the Court, I am supposed to, as a matter of law on this
17 motion for summary judgment determine -- it's you're
18 burden to show me that, as a matter of law. You're
19 entitled to be out of this case and I am not understanding
20 how Mr. testimony that if a guard left his post
21 he would be reprimanded, written up or whatever.
22 The answers to my question, which is simply --
23 don't they have -- I mean, that area is fenced in where he
24 was shot, so it's not a public sidewalk. He was shot in a
25 fenced-in grassy area.