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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
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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
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Defendants.
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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
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19 Reported By:
20 Notary Public, State of Florida
Prose Court Reporting
21 Job No.: 1275
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1 APPEARANCES:
2 On behalf of the Plaintiffs, III., and
Jane Doe:
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4 GARY FARMER, ESQUIRE
BRADLEY J. EDWARDS, ESQUIRE
5 FARMER, JAFFE, WEISSING, EDWARDS
FISTOS & LEHRMAN,
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11 On behalf of the Defendant:
12 ROBERT D. CRITTON, JR., ESQUIRE
BiJRMAN, CRITTON, L TTIER & COLEMAN, LLP
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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 belief that negligence equals accident or
8 unintentional activity. And I guess I really
9 need that fundamentally to be briefed so as to
10 make a final decision on the issue. Clearly I
11 recognize that the defense is saying to
12 themselves, in a respectful tone I trust, that
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
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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 * * * * *
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1 CERTIFICATE
2
3 STATE OF FLORIDA
4 COUNTY OF PALM BEACH
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7 I, Registered Professional
8 Reporter and Florida Professional Reporter, State of
9 Florida at large, certify that I was authorized to
10 and did stenographically report the foregoing
11 proceedings and that the transcript is a true and
12 complete record of my stenographic notes.
13 Dated this 15th day of April, 20010.
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ℹ️ Document Details
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