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8<br />
1 was shot. Just -- I don't know the legal status of either<br />
2 of those, either the sidewalk or the fenced in grassy<br />
3 area. But just assume for purposes of my question that<br />
4 that was within the Metrorail station, would you still<br />
5 seek summary judgment because you would argue that the<br />
6 guard only had a duty to be over by the fair gate?<br />
7 MR. MATES: He has to be --<br />
8 THE COURT: I'm sorry if that's a weird question.<br />
9 If he was shot on the platform and the guard was on the<br />
10 fair gate -- I know he wasn't.<br />
11 MR. MATES: Well, if he was on the platform that<br />
12 means he was a patron. That means he --<br />
13 THE COURT: So he wasn't a fair jumper?<br />
14 MR. MATES: Right. He wasn't a fair jumper. If<br />
15 he was up on the platform, then he's a patron and, yes, we<br />
16 owe him a duty. There's no doubt about that. I wouldn't<br />
17 be in front of Your Honor right now asking for a summary<br />
18 judgment because we would owe him a duty. Maybe the jury<br />
19 would see it a different way because we can't be upstairs<br />
20 and downstairs at that same time, but clearly we would owe<br />
21 him a duty and I wouldn't be in front of Your Honor.<br />
22 He was walking along, as you saw, the 27th Avenue<br />
23 sidewalk, like any other pedestrian in Dade County,<br />
24 walking along the sidewalk. And he realized that he was<br />
25 being followed by, what turned out to be, a shooter. He
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