EFTA00614377.pdf

Page 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO:502008CA028051XXXXMB AB Plaintiff, - VS- JEFFREY EPSTEIN AND Defendants. DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT 1 OF PLAINTIFF'S SECOND AMENDED COMPLAINT EXCERPT OF HEARING BEFORE THE HONORABLE DONALD HAFELE Friday, April 9, 2010 Palm Beach County Courthouse West Palm Beach, Florida 33401 11:00 - 12:04 p.m. 000010 1 PMI , rida Prose Court Reporting Job No.: 1275 Original PROSE COURT REPORTING AGENCY, INC. Electronically signed 788c1f9d-ca77-4b29•Bocd-43bc34f7f492 EFTA00614377 Page 2 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 CASE NO:502008CA028058XXXXMB AB 3 4 Plaintiff, 5 6 -vs- 7 JEFFREY EPSTEIN AND 8 Defendants. 9 10 11 . DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT 1 OF PLAINTIFF'S SECOND AMENDED COMPLAINT 12 13 EXCERPT OF HEARING BEFORE THE HONORABLE DONALD HAFELE 14 15 Friday, April 9, 2010 Palm Beach County Courthouse 16 West Palm Beach, Florida 33401 11:00 - 12:04 p.m. 17 18 19 Reported By: 20 Notary Public, State of Florida Prose Court Reporting 21 Job No.: 1275 22 23 24 25 PROSE COURT REPORTING AGENCY, INC. Electronically signed b 7813cl Nikl-ca77-4b29-8ecd-43bc3417/492 EFTA00614378 Page 3 1 APPEARANCES: 2 On behalf of the Plaintiffs, III., and Jane Doe: 3 4 GARY FARMER, ESQUIRE BRADLEY J. EDWARDS, ESQUIRE 5 FARMER, JAFFE, WEISSING, EDWARDS FISTOS & LEHRMAN, 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On behalf of the Defendant: ROBERT D. CRITTON, JR., ESQUIRE BiJRMAN, CRITTON, L TTIER & COLEMAN, LLP PROSE COURT REPORTING AGENCY, INC. Electronically signed by cynthia hopkIns 788c1f9d-ca77-4b29-Seccl-S3bc34M492 EFTA00614379 Page 4 1 EXCERPT OF PROCEEDINGS 2 * * * * * 3 THE COURT: Well, you know, I think that 4 you're right but what I want to do is this: I 5 would like to just be able to pin down the very 6 narrow issue of just, I guess, a long-time 7 8 9 10 11 12 13 it doesn't really matter. 14 But the reason why I am concerned about it 15 is that while I recognize that in the insurance 16 context it's essentially a given, but as 17 Mr. Farmer I think points out properly, the 18 context of insurance is driven by contract, and 19 by the language of a policy. And I don't want 20 to be simply utilizing what I have been 21 probably indoctrinated with, and that is the 22 concept that negligence means essentially 23 unintentional acts as a matter of law. 24 Now, I know that seems to be at least the 25 implication and perhaps the clearer message of belief that negligence equals accident or unintentional activity. And I guess I really need that fundamentally to be briefed so as to make a final decision on the issue. Clearly I recognize that the defense is saying to themselves, in a respectful tone I trust, that PROSE COURT REPORTING AGENCY, INC. Electronically signed by Cynthia hopkins 788c1f9d-caT7-4b29-8ited-43bc34171492 EFTA00614380 Page 1 those cases dealing with insurance law and 2 contracts of insurance, but I just need to be 3 comfortable with my ultimate decision and 4 that's where I just have the dilemma at this 5 juncture is can I comfortably enter summary 6 judgment under the thought process that clearly 7 what is claimed as intentional acts violative 8 of these six, or whatever, seven, eight 9 statutes, is somehow in a posit to the concept 10 of negligence as defined by the Florida law. 11 Do you understand what I am saying? 12 MR. CRITTON: Yes. 13 * * * * * 14 15 16 17 18 19 20 21 22 23 24 25 PROSE COURT REPORTING AGENCY, INC. Electronically signod by Cynthia hooking 78/clf9d.ca77.4b29-Bacd-43bc34f7f492 EFTA00614381 Page 6 1 CERTIFICATE 2 3 STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 6 7 I, Registered Professional 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reporter and Florida Professional Reporter, State of Florida at large, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 15th day of April, 20010. Job #1275 PROSE COURT REPORTING AGENCY, INC. Electronically signod by cynthia hopkins nalnda774WM-WW43WW7492 EFTA00614382