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26<br />
1 that everybody is talking about, I think that -- at the<br />
2 very least, it should be some persuasive case for the<br />
3 Court because that shooting occurs basically on the side<br />
4 on the -- on the side of this property where it's<br />
5 basically right next to that entrance. That's where the<br />
6 bus bays are.<br />
7 THE COURT: Right.<br />
8 MR. JAVIER: And there that court -- I understand<br />
9 it was a PCA, but they said that the county they were<br />
10 entitled to the discretionary function and the public duty<br />
11 function, so the application of these various concepts is<br />
12 applicable here and the county should be entitled to<br />
13 summary judgment based upon those two -- those two<br />
14 functions.<br />
15 THE COURT: Okay. Anything else you want to tell<br />
16 me?<br />
17 MR. JAVIER: No, judge.<br />
18 THE COURT: You want to respond?<br />
19 MR. CIAMPA: Only if you want me to.<br />
20 THE COURT: Absolutely. I believe in giving<br />
21 everybody an opportunity.<br />
22 MR. CIAMPA: I think Your Honor understands well<br />
23 that Miller -- it says the attack upon Miller allegedly<br />
24 occurred after he had exited the Metrorail station and<br />
25 while he was on a public sidewalk waiting to board a bus.
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