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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 20-CV-21961-DPG

VIVIAN RUGGERI, Miami, Florida

Plaintiff, November 9, 2023

vs. 9:41 a.m. to 3:02 p.m.

NCL (Bahamas) LTD, doing

business as NORWEGIAN CRUISE

LINE,

Defendant. Pages 1 to 183

______________________________________________________________

JURY TRIAL

BEFORE THE HONORABLE DARRIN P. GAYLES

UNITED STATES DISTRICT JUDGE

APPEARANCES:

FOR THE PLAINTIFF: JOHN HEYWARD HICKEY, ESQ.

LISA C. GOODMAN

HICKEY LAW FIRM

1400 Brickell Avenue, Suite 510

Miami, Florida 33131

FOR THE DEFENDANT: RICHARD J. MCALPIN, ESQ.

MATTHEW STREET, ESQ.

80 SW 8 Street

Suite 2805

Miami, Florida 33130

-andBRETT BERMAN, ESQ.

IN-HOUSE COUNSEL

NORWEGIAN CRUISE LINE

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STENOGRAPHICALLY REPORTED BY:

PATRICIA DIAZ, FCRR, RPR, FPR

Official Court Reporter

United States District Court

400 North Miami Avenue

11th Floor

Miami, Florida 33128

(305) 523-5178

I N D E X

Direct Cross Redirect

WITNESSES FOR THE PLAINTIFF:

VIVIAN RUGGERI

(MR. HICKEY) Cont. 3

(MR. MCALPIN) 90

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(EXCERPT OF PROCEEDINGS)

COURTROOM DEPUTY: Calling case 20-CV-21961, Ruggeri

versus NCL Bahamas Limited.

Counsel, please state your appearances, starting with

the plaintiff.

MR. HICKEY: Good morning, Your Honor, Jack Hickey, on

behalf of Ms. Vivian Ruggeri.

MS. GOODMAN: Good morning, Your Honor, Lisa Goodman

also on behalf of Vivian Ruggeri.

With us we have the plaintiff, Vivian Ruggeri and Isis

Rebull and Dolores Martinez.

MR. MCALPIN: Good morning, Richard McAlpin on behalf

of the NCL.

MR. STREET: Matthew Street on behalf of Norwegian.

MR. BERMAN: Good morning, Brett Berman on behalf of

NCL.

THE COURT: All right. Are we ready to resume?

MR. HICKEY: Yes, sir.

The plaintiff will call back to the stand Ms. Ruggeri.

May we proceed, Your Honor?

THE COURT: Oh, yes, sir.

MR. HICKEY: Thank you.

CONTINUED DIRECT EXAMINATION

BY MR. HICKEY:

Q. Ms. Ruggeri, good morning.

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The other day, as I recall, which I think was yesterday, we

left off somewhere at the end after this crash, but I wanted to

take up a couple of points that I thought of.

One is sea conditions. When you went -- when the tender

that you were in at the time of the crash, that is that tender,

when it went from -- when it sailed from the dock to the cruise

ship before the abrupt slowdown, what were the sea conditions?

A. They were calm.

Q. You said that you and your husband had tendered back and

forth, had gone back and forth that day once before this trip.

Do you recall?

A. That is correct, yes.

Q. And I think you said, that makes -- this is the fourth time

that day that you had made that crossing by my calculation.

Is that accurate?

A. Yes, it is.

Q. I want you, please, to compare for us the speed of the

tender that crashed going -- you know, the speed going over of

that tender versus the speed of the other three trips.

How would you compare the speed?

A. The last tender was much faster. I would estimate to say

almost twice the speed of the other three.

Q. Okay. This Buerano -- and we have photos of him, as an

exhibit. We have shown that to you before. This Mr. Buerano

was the operator of the one that crashed, of the tender that

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crashed. Do you recall whether Mr. Buerano was the operator of

any of the other tender trips that day?

A. No, he wasn't.

Q. Now I want to move to something else and we may have seen

him in the courtroom. I don't know if he was over here

actually in the courtroom. I know he was outside in that room.

Does your husband have a medical condition which generates

stress that would make it bad for his health if he underwent

the stress of testimony?

A. Yes.

Q. Tell us about that.

A. My husband has what is called pulmonary fibrosis where your

lungs begin to honeycomb and you lose function in your lungs.

So when he is in a stressful situation, he hyperventilates and

he can't get his breath, and it's just a cycle of

hyperventilating, not being able to get his breath, thinking

basically, that he is going to die.

Q. Right.

And is that -- what does he carry or do in regard to this

pulmonary fibrosis?

A. So, he is on oxygen when necessary, when he can't get his

breath. He has a portable oxygen concentrator that we carry

around with him wherever we go.

Q. Did he have it out there?

A. He did, yes.

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Q. Okay. Thank you.

Something came up when you were off the stand with regard

to your statements, something came up with another witness and

that was with regard to, with regard to apparently two

statements that you signed.

Once you gave a statement, the first time you went to the

infirmary and then you gave a statement that Norwegian required

the second time as well.

Can we bring those up, the one of October 26, 2019?

That's in evidence. We have to compare the handwriting on

the two so we kind of have to see it.

Showing you on the screen what's marked as Plaintiff's

Exhibit 200.001, it says, "Date of incident: 10/25/19."

How do we know it's -- oh, we know from the bottom it's

10/26/19. Thank you.

Go back if you could to the first page. Thanks.

Is this your statement you gave on that day, 10/26/19?

A. Yes, it is.

Q. Do you see the handwriting there?

A. I do.

Q. Tell us about how you wrote that out.

A. That is my handwriting, and I wrote it with my right hand

when I went into the infirmary. They handed me that to write.

Q. Okay. Now let's go onto the next statement two days later.

THE COURT: Are these both in Plaintiff's Exhibit 200?

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MS. GOODMAN: 200, admitted yesterday.

THE COURT: I'm saying, are both statements a part of

200?

MS. GOODMAN: No, the one that we are showing now is

Joint Exhibit 5.

THE COURT: Thank you.

BY MR. HICKEY:

Q. Looking now at Joint Exhibit 5.001, is this something you

filled out on the cruise ship?

A. It is.

Q. It says at the top 10/28/19. Is that the date you filled

it out?

A. Yes, it is.

Q. Is this your handwriting?

A. It is my handwriting with my left hand.

Q. Why did you use your left hand on this day?

Why did you use your left hand?

A. Because on the first day when I went the doctor gave me a

sling that he told me that I had to wear.

I went back to medical because I was still in pain, but not

only that, my right hand was swollen, so I couldn't write it

with my right hand. So I said to them, "I can't do this," and

they said, "Do the best you can." So I said okay.

Q. So your right hand by 10/28/19 is swollen?

A. Yes.

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Q. Were you in pain?

A. Yes.

Q. Where was the pain? Where in your body?

A. It was in my shoulder, down my arm to my hand.

Q. Did the doctor give you medication?

A. He did. He gave me Tramadol.

Q. Is Tramadol a narcotic pain medication?

MR. MCALPIN: Objection to form. Speculation.

THE COURT: I'm sorry, I didn't hear what you said.

MR. MCALPIN: Speculation. Calls for speculation.

MR. HICKEY: Withdrawn.

BY MR. HICKEY:

Q. What is Tramadol?

A. Tramadol is a pain medication. I believe it is on the

narcotics list.

Q. Okay. And did you take that?

A. A couple of times.

Q. Okay. Why -- you know, we don't see a lot of pain

medications in -- in this case we don't see a lot of narcotic

pain medications that you took in the last four years. Why

not?

A. I don't like narcotics. I don't take them.

Q. Why not?

A. You can be addicted.

Q. Okay.

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A. I want to be of sharp mind.

Q. Okay. Fair enough.

On the ship they -- he gave you this medication. Did they

also give you some other medication?

A. They gave me an injection, yes.

Q. Okay. Did they -- they gave you the sling?

A. They gave me the sling the first time, yes.

Q. Okay. Then you and your husband continued on the cruise?

A. We did.

Q. And you went to various ports after that?

A. We did.

Q. I have in my notes the various ports. I guess my next

question is, what did you do at the ports for the remainder of

the cruise? Let me -- I thought I had that somewhere.

MS. GOODMAN: Page three.

MR. HICKEY: Thanks.

BY MR. HICKEY:

Q. I think after this there is one, two -- two ports; three,

four -- four ports. There are four ports and one at-sea day,

four ports including the one when you get home.

What did you do in -- you talked about Mallorca before and

then Barcelona and Naples and then home to -- then back to

Rome. So there are three ports, Barcelona, Mallorca, Naples.

We don't have to go through every day, every activity but what

did you do in the ports?

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A. So, in the first port, Mallorca, we took a bus trip,

Highlights of Spain.

The other ports we would just get off the ships and walk

around because one thing I do on every cruise at every port is

I look for T-shirts for my two grandchildren.

Q. Were you wearing the sling during those outings?

A. Yes.

Q. Then you went back home?

A. We went home, yes.

Q. Then what did you do when you got home in regard to your

injuries?

A. When I got home, I called Seaview Orthopedic to make an

appointment for my shoulder. Unfortunately, I could not get in

until December, so I decided if I can get in somewhere else, I

would make that appointment and I did. I got in with Dr. Law

in November.

Q. Okay. Seaview Orthopedics, is that the place where Dr. --

what's his name is there, Kenneth Chern?

A. That is correct.

Q. And you had treated with him for your knee, as I understand

it?

A. In the same practice but with Dr. Aaron Green.

Q. Oh, I see. That's the same practice for the knee.

Dr. Green is the knee; Dr. Chern was the shoulder?

A. Correct.

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Q. Okay. I get it now.

So, when -- so you went to this doctor, William Law?

A. Correct.

Q. Did you tell him about this crash?

A. Well, yes. He asked what happened, and I told him about

the crash, absolutely.

Q. Okay. What did he do? What did he prescribe? What did he

recommend you do?

A. So he recommended that I went to physical therapy. He gave

me Mobic to take.

Q. Okay. And did you go to physical therapy?

A. I did go to physical therapy.

Q. Okay. Over what period of time, more or less, did you go

to physical therapy before you went to Dr. Chern, sorry, to

Dr. Chern?

A. I did.

Q. Okay. It says here you went to Dr. Chern December 19,

2019. Why -- we are now almost two months after, almost two

months after the crash. Why wait so long to go to Dr. Chern?

A. Well, because I couldn't get into Dr. Chern, so they said

to me that I could have gotten in December 19th. I said fine,

make the appointment, and I did find another doctor in between

with the intention of cancelling that appointment, but I wasn't

real happy with Dr. Law.

Q. Why not?

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A. Well, I told him what happened and he did examine me, but

one of the things he said to me is, well, you should find an

attorney and talk to an attorney. And I did say to him, well,

yeah, maybe I will.

Q. But why weren't you happy with him?

A. I don't know if I thought that was appropriate at that

time.

Q. Okay. The note says, his note, Dr. William Law's note that

defense counsel wants to bring up, it says, "Confident she will

be involved in litigation and already has contacted a lawyer."

Is that accurate as of that date?

A. No, that is not accurate.

Q. Okay. Fine.

Moving forward to the first visit with Dr. Chern,

October 19, 2019, did you tell him what happened?

A. I did.

Q. And you told him about the tender crash?

A. I did.

Q. And that's in his notes.

Can we bring up his notes as well, please, his December 19,

2019, note.

We see here on exhibit, Joint Exhibit 088.001, we see here

Dr. Chern's first note. He notes that, "right shoulder pain

for approximately two months. She was on a cruise. When she

was going back to the main boat on the tender, the tender hit

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the cruise ship and it jolted her. She subsequently fell onto

her outstretched right hand and jammed her right shoulder. She

had immediate pain. X-rays on the cruise ship were apparently

negative for her right shoulder. She took 800 milligrams

Motrin. That did not help her. They gave her some other type

of pain medication but that did not help her.

"When she came back home, she went to Brielle Orthopedics

and was apparently sent to physical therapy for four weeks

which did not help her. She took Mobic pretty much on a daily

basis, which did not significantly help her. She has trouble

raising her arm. She has pain localized over the top of the

shoulder onto the lateral deltoid," which is the shoulder, "and

anterior deltoid arca (sic)."

"She grades this pain a 10 out of 10 on a scale of 0 to 10.

She denies ever having problems with the right shoulder in the

past."

Do you see that?

A. I do.

Q. Is that accurate?

A. It is. I did have a shoulder surgery in 2007, but I

haven't had any pain since then.

Q. Okay. Do you remember telling the doctor -- you're talking

about the very last sentence, did you remember telling the

doctor about or do you remember the doctor asking you or one of

his assistants asking you about prior shoulder problems, as it

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says?

A. I don't remember, honestly, if he asked her or the medical

assistant asked.

Q. Okay. That's fine.

Okay. Did Dr. Chern examine you?

A. He did.

Q. Did he examine your shoulder without clothing?

A. Without my shirt, yes.

Q. And when -- did you have the -- the 2007 surgery, that was

arthroscopic. Right?

A. Correct.

Q. Did you have the three holes in the right shoulder from the

scope from 2007?

A. Yes.

Q. Is that something that was, that would have been obvious to

either Dr. Chern or anyone else who examined you at that time?

A. Yes.

Q. Okay. It says that you -- part of that paragraph was that

it jolted you and you fell onto your outstretched right hand

and jammed her right shoulder. Is that more or less accurate?

A. Yes, it is.

Q. Okay. What did he say? What did Dr. Chern say at that

time on that first visit?

A. So, Dr. Chern gave me a cortisone shot at that visit. He

did send me for physical therapy, I believe, and for an MRI.

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Q. Okay. Tell us about the physical therapy. You don't have

to -- we are not going to go into every visit and really any

one visit but over what period of time -- excuse me, over what

period of time did you go to physical therapy after that?

A. So, I went to physical therapy after that probably until,

probably until about February, I would say.

Q. Okay. We know the surgery that Dr. Chern performed on this

was March 17, 2020.

So, between this first visit, which is December 19th, and

then December 17th was that like four months.

Right. Did you pretty much go to therapy -- how would you

describe the frequency, more or less, of your physical therapy

during that time?

A. I went to physical therapy three times a week.

Q. Tell us about the pain. Tell us about the pain in this

period of time. It says here -- and the period of time I'm

first focusing on is from the crash, really, you get back --

from when you get back to the surgery time, those like five,

six months.

Tell us about the pain in that time.

A. The pain would go from a 5 to a 10 depending on the day or

what I was doing or, you know, physical therapy was usually

between a 5 and an 8. They would put a hot pack on my shoulder

before I started physical therapy, so it kind of relaxed it a

bit, I guess.

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Q. Right.

A. Then I did physical therapy; then they would put a cold

pack on it.

Q. So is that each time they would start with a hot pack to

calm it down?

A. Yes.

Q. And then afterwards put the cold on?

A. That is correct.

Q. And but when you -- you know, we are talking numbers here.

Numbers are numbers and they are useful but describe the pain.

You know, you went to Dr. Chern December 2019. It says 10 out

of 10. Describe that.

A. So, it was really from here down. It went down to my hand.

Q. When you say from here --

A. I'm sorry, from like almost from behind my ear, my neck

area, and down the shoulder to the hand, and it was an

excruciating pain.

Q. Well, was physical therapy painful?

A. It was.

Q. And what would they make you do in physical therapy or what

would they have you do?

A. So, the first thing was a pendulum always. It was putting

my hand down, swinging it to the left and the right and then

doing circles.

Q. Okay. Can you stand up and show the Court what you mean?

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So when you say "pendulum," show us, the best you can.

I know you are -- go ahead.

A. There would be nothing in my hand at first, and I would

have to go back and forth. And then I would have to do circles

one way and then circles the other way. And it was a total of

three minutes, a minute each rotation.

Q. Okay. Anything else?

A. So at the beginning before, you know, when I first started

with him, it was pretty easy. He would give me light, the

lightest weight bands, and I would have to go in and out with

them. It was really pretty easy, and then they got the MRI

results, and their main goal was to keep the shoulder -- I

guess the best word is "limber" until surgery.

Q. Okay. Tell us about the pain. You told us about the

movements that you would make and you would want to make in PT.

Tell us about how you felt.

A. It was painful, but he told me I had to do it to keep the

shoulder moving.

Q. Okay. And that was pretty much on a regular basis, and we

have all the dates and timelines and all of that, but is it,

generally speaking, pretty much on a regular basis for those

four months before this March 17th surgery?

A. That is correct.

THE COURT: I'm sorry, can you just remind me, when did

you get the results from the MRI?

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It was ordered, you said, in December.

MR. HICKEY: Oh, right. I don't know when -- the date

of the MRI, though, is December 26th, 2019.

THE COURT: Okay. Thank you.

BY MR. HICKEY:

Q. And the Court just brought up something and that's the MRI

of December.

The day after Christmas, 2019, you went for an MRI?

A. I went for an MRI, yes.

Q. Ordered by?

A. Dr. Chern.

Q. Okay. There is testimony, I forget whether it was yours or

somebody else brought it up, but that you took the CD to

Dr. Chern.

A. I had to go back and pick up the CD, yes, and then I took

it to Dr. Chern.

Q. When did you give it to him in reference to, more or less

in reference to March 17, 2020?

Was it months before? Was it the day before? When was it?

A. I picked it up. It's usually done the next day, so I

probably picked it up the 27th, the 28th, and brought it to him

the following week, gave it to the office the following week.

I didn't have an appointment the following week, I don't

believe.

Q. Okay. I am not trying to pin you down on a date. I just

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want to know, more or less, in that four months between when

you first saw Dr. Chern and when he does the surgery, was it

more or less. It's in that right -- sometime within the week

or two after December 26th, you think?

A. Yes.

Q. Of course, there are the holidays and offices are closed.

Okay. Fine.

Did you have to get clearance for surgery?

A. Oh, yes.

Q. Who did you go to to get the medical clearance for surgery?

A. My primary, Dr. Meli.

Q. That's Dr. Gregory Meli, M-E-L-I?

A. That's correct.

Q. Had you seen Dr. Meli before the crash on the ship?

A. Yes.

Q. Okay. And Dr. Meli -- did you tell Dr. Meli that you were

a smoker?

A. Yes.

Q. Okay. And did Dr. Meli ask you whether you had tried to

quit?

A. I don't recall.

Q. Okay. Let's go to the August 18th, 2019, Dr. Meli note,

for example?

MS. GOODMAN: Hold on.

THE COURT: You had prepared a timeline that's a

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demonstrative. Before we break today, I'd like to get a copy

of that.

MR. HICKEY: Will do, Your Honor.

BY MR. HICKEY:

Q. So, while they are bringing that up, let me ask you some

general questions and then we are going to get back to

Dr. Meli. So have you been or are you now a smoker?

A. I am.

Q. Okay. Have you tried to quit, and tell us about that?

A. I've tried to quit throughout my life. I would quit and

then a stressful situation would come on and I would pick it up

again.

Q. Did you, in fact, quit for a significant period of time in

your life?

A. I did.

Q. Tell us about when was that, for how long and tell us about

that.

A. I quit December of 1989, and I did not smoke again until

September of 1999.

Q. So ten years. You quit for ten years?

A. Ten years, yes.

Q. What -- why did you take it back up?

A. Well, my mother passed away suddenly in March of '99, and

my dad passed away suddenly in September of '99.

Q. So the same year. Okay.

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Have you quit off and on since then as well?

A. I have. I've tried numerous times.

Q. Okay. And on -- what are we looking at here?

We are looking at Joint Exhibit 084.016, and this is

Dr. Meli.

Now we are -- this is a note for a couple of years before

Dr. Meli clears you for the surgery?

A. Correct.

Q. Just foreshadowing, Dr. Meli cleared you for both

surgeries. Correct?

A. Yes, he did.

Q. It says here, "tobacco use," tobacco use at the bottom

there of Exhibit 084.

Can we highlight that? Is that possible?

Do I have the ability to do that or do you on the program?

There we go. That's fine.

It says under tobacco use, it says "smoking." Do you see

that?

A. Yes.

Q. And suffice it to say, that's on every Dr. Meli report. It

says, "Are you a current smoker?" It says, "Are you a," and

then it says, "current smoker."

Then, "Are you interested in quitting, thinking about

quitting? How many cigarettes a day? 11 to 20," etcetera.

"How soon after?"

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It says, "Five minutes."

So, anyway, is that accurate as of that date?

A. That is accurate as of that date.

Q. Okay. Did you quit at some time before this, immediately

before this date when you first saw Dr. Meli?

Does this seem like the -- by the way, sorry, another

question. Looking at this Exhibit 084, this is the visit of

August 18, 2017. Is this the first visit with Dr. Meli or am I

getting that wrong --

A. No, August of 2017 was not the first visit with Dr. Meli.

Q. Can you turn to Exhibit 81.005?

A. May I interrupt?

Can I move the chair forward so I can see the screen

better?

COURT SECURITY OFFICER: Is that better?

THE WITNESS: Yes, thank you.

BY MR. HICKEY:

Q. Now, what we have -- let me -- okay. Let me back up a

little bit.

So, you treated in 2017 for a knee injury, correct, on the

left knee?

A. Correct.

Q. That has nothing to do with this case. Right?

A. Yes.

Q. And you treated Seaview Orthopedics. Is that correct?

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A. That's correct.

Q. Who treated you at Seaview Orthopedics for the left knee?

A. Dr. Aaron Green.

Q. He is the one that did the examination of your right

shoulder among other parts of your body at that place?

A. Correct, Aaron Green.

Q. And after this tender crash, it was Dr. Chern, from the

same group that treated you for the right shoulder?

A. That is correct.

Q. Was there a time around then, that is, around this June 29,

2017, that you quit smoking?

A. Yes.

Q. For how long, as of June 29, 2017, had you quit smoking?

A. About two months.

Q. Okay. For how long did you remain a non-smoker?

A. Maybe three months, but I am not sure of that.

Q. Okay. Because the note that's about two months later,

August 18th, 2017, says smoker, and does that -- is that

accurate that as of August 18th, 2017, you were a smoker?

A. I believe so.

Q. Okay. Is it accurate that as of June 29, 2017, you're a

former smoker?

A. That is correct.

Q. And is that indicated -- so it says, "social history," on

this joint Exhibit 81.005. It says, "Do you smoke?"

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And someone checked off, "Former smoker." Is that you that

checked that off?

A. Yes.

Q. Was that accurate as of that time?

A. On that date it was, yes.

Q. Did anyone ask you about that at any time?

A. No.

Q. Okay. So Dr. Meli, who did clear you for surgery, knew --

this is not Dr. Meli.

This is the Seaview Orthopedics, but the other record, the

Dr. Meli record that we saw that was put up on the screen

before that said smoker. Dr. Meli knew that and approved you

for the surgery?

A. That is correct.

Q. Okay. You can take that down.

Thank you.

The first surgery, that's March 17, 2020. Now we are after

all the visits on the ship, off the ship during that time in

2019, all the PT, the physical therapy, and then finally we

have what's the first surgery after this crash March 17th.

Tell us about the experience of surgery. Tell us about

that, both before when the doctor counsels you and then

afterwards?

A. So, I went to see Dr. Chern after physical therapy, and I

want to say that was at the beginning of February, and he tells

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me that I have a rotator cuff tear, which he knew that I had,

and I knew that I had from his last visit, and he feels that

the only way to help the pain is to repair the rotator rough.

Q. Okay. Did you relish the fact of surgery or not?

A. No, not at all. Not at all, but if it was going to help

the pain, I was going to move forward.

Q. Okay. Tell us about -- so you went to a surgical center.

Was it, in fact, what they call -- because almost everything is

you get out the same day. Did you get out the same day?

A. It was an outpatient, yes.

Q. Outpatient, thank you.

Tell us about the pain in the week after this surgery when

he did the four procedures.

A. The first surgery, the arthroscopic surgery.

Q. The March 17th, 2020, surgery, tell us about the pain.

Tell us about that.

A. Well, there was still pain a week later.

Q. I don't mean a week later.

I mean in the week. Tell us about the pain, whether it's

the first day, the second day, etcetera. Tell us about the

pain right after the surgery.

A. The day after surgery it was okay, but he gave me a block

in the shoulder so I wouldn't have pain right after surgery.

Q. What do you mean a block?

A. It's a shot that they give you and it blocks, I guess, the

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signal of pain going to your brain, so your arm is just -- you

don't have control of your movement. For example, the last

position I was in when they gave me that block, my arm was as

though it was in a sling. That's the way it was.

When I went home the next day, my husband was helping me

change my shirt, and my arm went down to my side. But to me

the feeling was that it was still in that sling, and when I

looked down, it wasn't there. You know, my arm was down at my

side, so there was no pain within the first 24 to 36 hours.

It was after that that I started to get pain, but he told

me I had to immediately go to physical therapy after surgery.

That was perfectly clear right at the beginning.

Q. Who is he?

A. Dr. Chern, I'm sorry.

Q. Okay. You mentioned a sling, I didn't ask you about this,

in the months following the crash, 10/25/19, through, let's

say, the date of surgery, 3/17/20, in those months, which is

like five months, did you wear -- how often did you wear a

sling?

A. From when I came home from the cruise?

Q. Right, from the trip, yes.

A. To surgery, I didn't wear a sling, no. I wasn't told I

needed to.

Q. Okay. So that was -- was that -- okay. Fine.

Did you wear a sling after the surgery?

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A. I did. I wore a sling and what they call a shoulder

cradle. So there was a sling on my arm, and then there was a

pillow for -- it was harder than a pillow, but for visual it

was like a pillow, and it held my arm kind of at a 30-degree

angle, so my arm was not by my side.

They said it heals better that way.

Q. I don't think we have photos of that. You didn't take

photos to document all of this, did you?

A. No, I didn't.

Q. Okay. That's fine.

It's one of those -- you don't have to show us with your

arm. I will show the Court with my arm.

You say 30 degrees?

A. Yeah, 30, between 30 and 45-degree angle from my body.

Q. So, like this, like I am holding out now?

A. Maybe a little lower than that. There you go.

Q. So what's under here?

What's under the armpit or the arm?

A. Well, there is, of course, my sling under there and then

its, for lack of a better word, like a pillow, but it was like

a half-moon so it went around my waist.

Q. Okay.

A. And my arm rested on it.

Q. Okay. Is it like strapped on to your body?

A. It is strapped around my waist and attached to the sling.

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Q. Okay. And for how long did you have to wear that?

A. So I had to wear that as -- almost as long as I had to wear

the sling, so we're talking about, about two weeks I had to

wear that.

Q. Okay.

A. And then I was -- at my next appointment back with

Dr. Chern, he allowed me to take the sling off at home. He

said, but you must -- I didn't have to wear the shoulder

cradle. He said you must wear the sling out, he said not for

you, but so that everybody else knows you are injured and

leaves you alone.

Q. Won't bump into you?

A. Right. Exactly.

Q. For how long after this March 17th surgery did you have to

wear the sling?

Well, let's first go back. How long after the March 17th

surgery did you have to wear, we'll call it pillow?

A. Shoulder cradle it's actually called.

Q. Right. For how long did you have to do that?

A. So my first visit, which was probably two weeks later.

Q. And after that did you wear it outside the house or was

that -- did you do away with the shoulder cradle after that?

A. After that I was able to do away with the shoulder cradle.

Q. Sling, you wore the sling for two weeks and then after that

was the period when you had to wear it in public only?

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A. That was probably about a month, again, until my next

visit.

Q. So the sling was about a month you had to wear?

A. Well, all told it was about six weeks because I was wearing

it with the shoulder cradle.

Q. Okay.

A. And then without the shoulder cradle for a longer period of

time.

Q. Now I'm confused. Did you wear the shoulder -- how long

did you wear the shoulder cradle for after the surgery?

A. I wore the shoulder cradle after the surgery for about two

weeks, but there was also a sling that I wore. The shoulder

cradle was attached to it.

Q. Got it. For how long did you wear the sling on a full-time

basis? You wore the sling for the two weeks?

A. For the two weeks, yes.

Q. And then on the part-time basis, that is when you are

outside the house, for how long did you have to wear the sling?

A. Until my next visit, which was usually four to six weeks

later.

Q. Okay. Okay. Oh, we do have a photo. I am told we do.

Joint Exhibit 044, who took that photo?

A. My daughter, most likely.

Q. Is that you?

A. That is me.

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Q. Is that the -- what we are seeing in this Exhibit 044.001,

is that the sling?

A. The sling and the shoulder cradle.

Q. Okay. Why is there a bandage on your left hand?

A. There were IV's in my left hand. That was the day that I

came home.

Q. Okay. In this period of time after the surgery or even

before it, tell us about -- we will go into it more later on

but tell us about the sleeping arrangements? Did you sleep all

the time in your bed or not?

A. No, I would get in pain during the night, and I would come

out and sleep either on the recliner or on the sofa.

Q. Okay. Why on the sofa?

A. Because the sofa had a back, so if I laid on my left side,

my right side was against the back of the sofa and it would

support.

Q. All right. And you said you would get up. Why would you

get up in the middle of the night?

A. Because I would be in pain. If I moved, I would get a

pain, so I would get up and go up to the other room so I didn't

disturb my husband.

Q. I understand. We will get more into that later.

So the time between the surgery of March 17th, 2020, and --

I thought I had my notes here.

There was a period of time between March and May.

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Oh, no, there was a period of time between March 20, 2020,

and July 13, 2020, which is about four months that you went to

physical therapy. Right?

A. That is correct.

Q. So tell us the frequency that you went to physical therapy

in those four months after this surgery?

A. It was three times a week, every week.

Q. I count, and we have it, it's in evidence, I counted 34

physical therapy visits in that period of time. Does that

sound about accurate?

A. It does.

Q. The physical therapy, they are done where?

A. Seaview has its own physical therapy unit and that's where

I did it.

Q. I mean, is that like -- where is that in relation to your

house, how far a drive?

A. It was about 15, 20-minute drive from my home.

Q. All right. So, every time was it at the same place?

A. It was always at the same place, yes.

Q. And every time you'd have to drive there, do the therapy,

and drive back. Correct?

A. That is correct.

Q. More or less, how long for each physical therapy visit did

it take?

A. Well, right after surgery it was about 30 minutes for a

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week and then gradually went up to an hour.

Q. Okay. And I asked you about the pain of physical therapy

from before the surgery. Now I am going to ask you about the

pain with the physical therapy the 34 sessions after this

surgery.

Tell us about that.

A. The pain was basically the same as before surgery, and the

reason being, when I got -- I don't want to say the word good

but when I can do a certain level of physical therapy. So, for

example, when I was doing the pendulum with ease, we now added

a weight.

Q. We now add a weight?

A. A weight.

Q. So, they increase?

A. They kept on increasing it.

Q. Okay.

A. The lowest bands now became the medium band, and we added.

You know, we crawled up the wall. Eventually it was an arm

bike. Eventually the band was attached to the wall and I had

to pull on it, so it just kept on changing. However, the hot

before did not change.

Q. Okay. In other words, they did that?

A. They did that, and he also added at the end of my exercise

he would massage the muscles in my shoulder and the top of my

arm.

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Q. Who?

A. The physical therapist. His name was Walter Polansky.

Q. Okay. We see in the record that there are various pain

scales. You know, they ask you how much pain are you in on a 0

to 10 scale. Correct?

A. Correct.

Q. And the pain scales we have been talking about, the

numbers, that's a standard scale where -- I mean, it's

subjective, but it's where 10 is excruciating pain and one is

no pain. Right?

A. Correct.

Q. When you were telling us those numbers before, you said 10.

Then you said 5 to 8. That was the pain scale we talked about?

A. Correct.

Q. Okay. We see in these records, there is various pain

scales. Why? Why is it different?

A. Well, because you have good days and you have bad days.

Q. Okay. Was there any particular thing, that you know of,

that made it a good day or a bad day?

A. One would be the time of physical therapy. If I got up and

went directly to physical therapy, it's usually a pretty good

day.

Q. Okay.

A. But if I did something beforehand, now I have used the arm.

So I went there in a little bit of distress so that was not a

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very good day.

Q. Were a lot of the sessions early in the morning when it was

not quite as painful?

A. They were. They were early in the morning.

Q. I got on my notes that the physical therapy ended sometime

around July 13, 2020. Does that sound accurate?

A. I don't think I was discharged from Dr. Chern until

September, but it's possible.

Q. Let me look.

A. No, that's correct. That does sound right.

Q. So then we know, and it's been in evidence, that there was

a period of time from July to November of 2020 that --

actually, July to -- I think it's March 15, 2021, so that's --

is that -- am I getting that right, the last visit to

Dr. Chern?

What's the last visit to Dr. Chern in 2020?

MS. GOODMAN: It's 7/02/2020.

MR. HICKEY: That's the last visit? I thought -- there

is a physical therapy visit of July 13, though.

MS. GOODMAN: There is September 10, 2020.

MR. HICKEY: Is that an office visit or --

MS. GOODMAN: Office visit.

MR. HICKEY: But the physical therapy ended sooner?

MS. GOODMAN: Correct. Physical therapy ends

July 13th, 2020.

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MR. HICKEY: Okay. That's fine.

BY MR. HICKEY:

Q. Now, on -- we heard September 10, 2020, is your last visit

with Dr. Chern for that year?

A. That is correct.

Q. How were you doing on that day?

A. That day I was doing pretty well.

Q. Okay. And I think his office note says that, but were

you -- let me -- we will get to that office note. Was there

any time after this crash that you had been completely pain

free?

A. No.

Q. Has there been any time since this crash that you

completely had full use of your right shoulder?

A. No.

MR. HICKEY: So let's go ahead and look at this last

note of Dr. Chern, September 10th, 2020, and if you can put

that up on the screen before we go forward.

Thank you. You are very fast with that.

BY MR. HICKEY:

Q. Joint Exhibit 088.225, is that the September -- yeah,

September 10, 2020, Seaview Orthopedics.

He says, "strain of muscle tendon rotator cuff of right

shoulder, subsequent encounter," etcetera.

I think the physical examination must be on the next -- can

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we go back for a minute?

It says here, actually, under history, "She has no pain in

her right shoulder, can lift her arm overhead easily."

Okay. So he's pretty optimistic or he says these things.

I mean, how would you rate that?

A. In terms of a number or in terms of like how did I feel

about what he said?

Q. Is that accurate or is that not accurate?

A. Not all the time that's not accurate.

Q. Okay. Were you pretty good on that day?

A. Yes.

Q. Then is there somewhere on here where it has -- yeah, it

has, I guess, the examination. Okay, right there.

Yep.

Okay. He says there is a negative liftoff sign,

bilaterally sign. He says, "Forward elevation is still

somewhat weak on the right side."

Do you understand that to mean where you elevate or lift up

your arm forward?

A. Yes.

Q. Okay. Was that accurate as of that day?

A. Yes.

Q. Okay. Thank you.

Then so there's -- that's September 2020. Then you don't

go back to Dr. Chern until March of 2021?

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A. That's correct.

Q. Okay. So that's about six months when you didn't go back

to him.

A. That's correct.

Q. Did you violate doctor's orders when you didn't go back?

A. No.

Q. Why didn't you go back?

A. So I started to get pain somewhere around November; the

pain increased. I live in New Jersey. Around November weather

fluctuates. One day it's 75. The next day it's 50. Just this

year, Halloween, 81 degrees; November 1st, 45.

So, with the change of weather, with it getting cold, I

figured that the weather was affecting my shoulder.

Q. Okay.

A. So I just lived with it, until after the holidays, I

thought this just can't be weather because now when we hit

December, January, our weather is kind of stable, it's usually

cold.

So I did make an appointment with Dr. Chern, and it snowed,

so I had to cancel that. Snow on a windshield.

Q. For when?

A. It was -- the first appointment was at the end of January.

Q. January of 2021?

A. Correct.

Q. Okay.

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A. So, it snowed that day. I could not go out and clean my

windshield, so I cancelled it. I made a second appointment and

again it snowed, and their office called me and cancelled it.

So, therefore, I got in in March.

Q. March of 2021?

A. Correct.

Q. Now, you said you first felt the pain in November, and

that's in the note, that's in the March 2021 note that you

first felt pain in November.

When did you first call to make an appointment, the first

one you cancelled because of snow?

A. The beginning of January.

Q. Okay. What did you do -- let's talk about what you did in,

let's say, between September 2020 and, excuse me, the end of

2020? Were you going about your life as best you could?

A. Yes.

Q. And which is doing what?

A. I went to work every day. I did whatever I had to do.

Q. Did you try to go to work, and we will talk about what work

that is, but did you try to go to work at all times that you

could during 2020?

A. Oh, absolutely.

Q. Now, the first surgery is March 17, 2020. That's in --

that's like what, right before COVID. Right?

A. I always call that the three hours that I woke up and the

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world changed. That was the actual day that everything shut

down in New Jersey, and when I got out of surgery and went

home, I found out that we had cancelled classes. So, yeah, I

call that the three hours that changed the world.

Q. Yeah.

And is that -- did that affect -- I don't know, did that

affect why you didn't go back to Dr. Chern in that period of

time, that being COVID?

A. You mean from November until January?

Q. I mean from September to January, September to March?

A. No, that wasn't the reason. No.

Q. Okay. Fair enough.

Tell us what your activities were in that period of time,

in all of 2020. I mean, you said you did work as much as you

could. What were you working at in 2020?

A. So, in 2020 finally by April of 2020, the Real Estate

Commission gave us permission to teach classes on Zoom.

Q. Okay.

A. So, yes, I was teaching my normal classes. I would go

home, you know. I would help my husband cook. He would start

cooking. I would do what I can to help him cook, of course,

not lifting anything too heavy.

I did laundry. Basically, I did my household stuff that I

could do.

Q. Did -- so you no longer taught in person where you were

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using the chalkboard?

A. No, we no longer taught in person and before the surgery my

colleague bought me an iPad so we can hook it up to a computer,

and, therefore, I could write right after surgery without

having to lift my arm. But we were preparing and then we wound

up on Zoom, so it wasn't necessary for me to do that.

Q. Did you also in that time act as a realtor?

A. I did.

Q. And you talked -- I think you talked before about driving

to properties for the Chapter 7 trustee.

Did you do that in this period of time, that is, well, all

during 2020 as much as you could?

A. I did.

Q. You're a worker?

A. I am.

Q. Okay. We are going to get to this March 15, 2021, where

you went back to him, but in this time, in this time did you --

before that did you have any other, any trauma with the right

shoulder?

A. No.

Q. Did you have any falls where you injured your right

shoulder?

A. No.

Q. Did you have any motor vehicle accidents, any car crashes

where you injured your right shoulder?

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A. No.

Q. Did you have any -- well, let me ask you this; in that

period of time that you know of, did you violate any doctors'

orders?

A. No. Nobody restricted me when I was discharged from

Dr. Chern, so no.

Q. The defense lawyer, Mr. McAlpin, brought that up, they

always do, they always say no restrictions.

MR. MCALPIN: Objection. Argumentative, Judge.

THE COURT: Sustained.

BY MR. HICKEY:

Q. Mr. McAlpin brought up no restrictions. Were you told that

you could -- tell us about that. What were you told by the

doctors?

A. I was told that I was discharged and to come back if I

needed to.

Q. Okay. But what were you told by those doctors about

movement, do the best you could?

A. Yes. Yeah, he said it would take a good year before we

knew how much.

Q. Right. But the restriction of movement, in other words, is

as pain or ability allows. Right?

A. That is correct.

Q. It's not any specific restriction that he is going to

verbalize. Right?

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A. That is correct.

Q. Okay. Thanks.

Then we get to March 15, 2021, appointment with Dr. Chern.

I don't know if that's what's on the screen. Is this the -- is

this the March 15, 2021?

It is. Thank you.

So we are looking now at Joint Exhibit 088.230, and this

looks like the Dr. Chern's visit note. It says under

examination -- well, first of all, it says that under prior

medical history, right shoulder.

Do you see that, PMHX? That means prior medical history.

Do you see that, ma'am?

A. I do not.

Q. Okay. Do you see where it says, "reason for appointment"?

A. I see that.

Q. Okay. Do you see where it says history of present illness?

A. I see that, yes.

Q. Okay. And then it says under therapy clinical assessment,

it says, "Patient seen for evaluation impairment with ROM,

that's range of motion, strength and pain levels affecting

function."

Do you see that?

A. I do see that.

Q. Is that accurate that you had impairment, range of motion

strength, and pain?

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A. That is correct.

Q. Okay. It says, "Will benefit from PT to maximize

function."

A. That is correct.

Q. Then it says, "Presenting condition, right shoulder,

insidious onset of pain and stiffness 11/2020." Is that what

you were talking about before?

A. Yes.

Q. Okay. And then it says, "PMHX."

Do you see that?

A. I do.

Q. That means prior medical history. HX is history in medical

abbreviations.

It says, "Right shoulder, medium RTC --" that's rotator

cuff repair, "plus biceps tenodesis, 3/17/20."

Do you see that?

A. I do.

Q. So he characterizes the surgery he did as right shoulder

medium RTC, rotator cuff repair. Is that what he told you he

did?

A. Yes.

Q. And it says he did -- excuse me, it says, the note says,

"Did well with postop PT." That's accurate. Right?

A. Yes.

Q. And, "Prior therapy for condition: None.

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"Prior level of function: Progressive decline."

That sounds accurate?

A. Yes.

Q. Okay. "Social support: Independent living."

He talks about in the right shoulder, area of pain,

anterior lateral posterior. We won't go into that.

Where was the pain at that time in March 2021 now?

A. The pain was in my shoulder, and it went down my arm.

Q. Okay. He says at that time, "Nature of pain: Aching,

throbbing." Is that accurate as of that time?

A. Yes.

Q. He says, "Severity of pain, best to worst, 5 to 8 on a

scale of 1 to 10." Is that accurate as of that time?

A. Yes.

Q. Okay. And he said, going down under examination, "Strength

2 out of 5," meaning if 5 out of 5 is a hundred percent, that's

a lot less than a hundred percent.

Is that accurate?

A. Yes.

Q. Okay. Then he goes to the MRI. I think he is talking

about the prior MRI. Go to the next page. Maybe he is -- I

don't know. What's the date of the MRI?

MS. GOODMAN: 4/30/2021.

BY MR. HICKEY:

Q. So he must be talking about the prior MRI, which is fine.

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And -- okay. Fine.

What did he say -- do after this first visit or in this

first visit?

A. In the first visit he thought I had a frozen shoulder, so

he gave me a shot of cortisone, but he put it in the joint at

that time. And he told me to go to physical therapy and I had

to come back in a month.

Q. Did you do that?

A. I did.

Q. From March 15, 2021, the date of this visit, to May -- or

is this March 15th. Am I getting that right?

From March 15, 2021, to May 16th, 2021, I see from the

records -- I wrote in my notes, "15 visits for physical

therapy."

Does that sound -- no, excuse me, I think for physical

therapy. Does that sound accurate?

A. It does.

Q. And I wrote in my notes, "Total number of physical therapy

after the first surgery, 49." Does that sound accurate?

A. Yes.

Q. After all this therapy -- going forward again to the 2021,

after that visit you got an MRI. Correct?

A. I did, yes.

Q. And you were told there was a -- what were you told about

that?

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A. I got an MRI, and I went back to Dr. Chern. And he told me

that there was a tear in the rotator cuff and he explained it

to me because I asked, how could there be a tear if you

repaired it? And he explained it to me as a tree. He said

sometimes you plant a tree or you plant seeds and they take,

and sometimes they don't. He said, and yours did not take. It

did not heal properly.

Q. Okay. And you went to physical -- did he prescribe

physical therapy after this March 15th visit?

A. I did do --

Q. I'm sorry, we went over that. That was the 15 visits to

May 6, anyway.

Then what -- how did it come about -- when did he recommend

the second surgery?

A. So, right then and there he did. He explained three

courses of action, and the first one was stem cells.

Q. When you say right then and there --

A. At that appointment.

Q. The appointment after the MRI?

A. Yes.

Q. Okay.

A. So the first one was stem cells. He said that's a

Band-Aid; it will have to be done again. He said that is not a

permanent fix.

The second one was a patch, to patch, I guess put a patch

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in there to hold it together.

Q. Okay.

A. He said since the first surgery didn't take, I don't

believe that the patch is going to take and that may only be a

Band-Aid also.

The next one was the reverse shoulder replacement and he

explained to me what that was. And he said, "We don't like to

do that because you are not 70 years old yet."

He said, "But I think that's the best plan of action for

you to reduce your pain."

Q. Okay. And that's what you -- you said okay?

A. I did.

Q. But he explained what the procedure was. Right?

A. Yes, he did explain what the procedure was. As he said it

was a reverse replacement, and he explained the ball in the

socket and how that would be reversed and the ball would be on

top of the socket instead of underneath it.

Q. Did he tell you about risks of that surgery?

A. Of course.

Q. What did he tell you about those risks, either him verbally

or in the form?

A. So there is always a risk of death and all of that. I

don't remember all the risks that he did tell me.

Q. Did he tell you it could get worse even after surgery?

A. He did.

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Q. How did that make you feel, all these risks that he was

talking about?

A. I wasn't happy about them.

Q. We know that the second surgery was on June 11, 2021. Does

that sound accurate?

A. That is accurate, yes.

Q. Where did you go for that?

A. I went to Ocean Medical Center, which is a hospital in

Brick. It is right across from Seaview Orthopedics. It had to

be done in a hospital.

Q. You said in Brick?

A. In Brick, New Jersey. It's the same place where the

doctor's office was or is.

Q. Tell us about after that surgery. Tell us about the pain,

limitations that you went through, let's say in the month after

that surgery, first of all?

A. So, in the month after that surgery, the first thing was

physical therapy for the first two weeks came to the house. I

did physical therapy in the house. Again, he wanted to start

it immediately.

Then after that I went out to physical therapy three times

a week because after two weeks I had an appointment with him.

He said I could begin to drive, but not long distances, he said

and I had to drive with my left hand and guide with my right.

He said do not drive with your right hand.

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So I continued physical therapy. Again, I had my good days

and my bad days. You know, could I say that I was ever pain

free, no. You know, but there were days that it was a 3.

There were days that it was a 10.

Q. Physical therapy after this surgery in June, we have

Meridian Home Care Ocean, that's what it's called Meridian Home

Care. That's the people that sent out the folks to your home?

A. That is correct.

Q. And I have that there are five sessions of that in a

nine-day period after the surgery. Does that sound accurate?

A. That is correct.

Q. Did you have to stay home in those nine days?

A. I did.

Q. Did you have to stay home -- for how long did you have to

stay home after this reverse ball-and-socket shoulder

replacement?

A. I stayed home for those nine days, and then I had my visit

with Dr. Chern. And then he allowed me to drive, like I said,

drive with your left, guide with your right, so I was able to

go back to work at that point.

My colleague picked me up for the first couple of weeks

that I went back.

Q. Okay. Somebody else drove you?

A. Correct.

Q. So from June 22 of 2021, after the surgery, until

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October 11, 2021 -- so what is that?

That's four months. I counted 32 physical therapy sessions

that you had to go to Seaview Orthopedics. Does that sound

accurate?

A. Yes, it does.

Q. Were those 32 sessions in the same building as the physical

therapy from before?

A. Yes.

Q. What kind of exercises did they do?

Just tell us, and then tell us about the pain or whatever

problems from that therapy.

A. So it started just like the previous one, doing the

pendulum back and forth, doing the circles, adding a weight.

He did add a weight during that time; again, stretch bands

started the lightest weight and then they went to medium, and

then they went to tough.

At that point there was a stretch band around my foot, and

I was holding the other side and had to lift my leg with my

right arm so I can stretch it.

Q. Okay.

A. He also -- again, I crawled up the wall with my hands. I

did a banded to wall. I did an arm bike. He had me at the

beginning sit at a table with a ball and kind of stretch my arm

out with a ball and then stretch it back, you know, come back

with it.

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He also added, after the reverse replacement, electricity.

He would put electricity on my neck and then a cold pack on top

of that, and it -- it was supposed to help the muscles.

Q. Okay. How long in those 32 sessions -- well, in the five

sessions after the surgery that were at home, how long did

those last?

A. They were only about a half hour.

Q. Okay. And the 32 sessions at Seaview Orthopedics after

that, how long were they?

A. They started at about a half hour and went up to an hour by

the end.

Q. How was physical therapy? What's the experience in your

shoulder? How did you feel?

A. Physical therapy hurt because like I said, when I was able

to do an exercise easily, they added something else.

Q. Were you on narcotic medication after the reverse

ball-and-socket surgery?

A. I was given them, yes. Did I take them? Maybe twice.

Q. What was it that you took maybe twice?

A. I want to say Percocet.

Q. Do you know for certain?

If you don't, that's fine.

A. I don't know for certain. I didn't want them.

Q. Why not?

A. Because I told the doctor that I wasn't going to take them

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because I am afraid of addiction. I am afraid of not being

sharp mentally and able to think. So I told them that I didn't

want them, and, apparently, in New Jersey if I don't get them

then and I have pain and I need them I have to make an office

visit, so he insisted that I get them and get the prescription

filled.

Q. Okay. You said you didn't take them.

You must have a pretty high threshold for pain?

MR. MCALPIN: Objection. Leading, Judge.

THE COURT: Sustained. If you will rephrase.

BY MR. HICKEY:

Q. How is your threshold for pain?

A. I will deal with it not to take a narcotic.

Q. Did you want to -- how did your desire for work affect your

desire or lack of desire to take narcotic pain medications?

A. You know, I am a worker. I was raised to go to work. My

mother's big thing was you have to learn to stand on your own

two feet. Things happen in life so you have to learn to stand

on your own two feet. My dad who could not say his T-Hs, would

always say to me you don't get nottin for nottin, you have to

go to work.

I honestly believe that if I stop work I will die.

Q. On the therapy records after the shoulder replacement, it

says -- especially towards the end of physical therapy time,

the time that it took place, we see that -- we see a pain scale

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of 5 out of 8, 5 out of 10, 8 out of 10. We also see lower

sometimes, but we see these pain scales, and yet, it also says

on the notes, feels great, feeling better, feels stronger.

How can you explain that during that period of time?

A. So, I don't know that it felt great but from one

appointment to the other I was able to do a little more, so I

felt better. But there was still pain.

THE COURT: Mr. Hickey, which notes are you talking

about?

MR. HICKEY: These are physical therapy notes after the

shoulder replacement.

THE COURT: Are these in evidence?

MR. HICKEY: Yes, sir, they are.

THE COURT: Which one?

MR. HICKEY: If I might, Your Honor, is this the first

page of those or where --

MS. GOODMAN: This is the first page of the first

physical therapy record after the --

MR. HICKEY: Shoulder replacement.

MS. GOODMAN: Correct.

MR. HICKEY: Okay. So is the -- no, that's not at the

home. That's at the Seaview Orthopedics.

The replacement is in June. Oh, okay. This is the, it

is a PT note of June 22, 2021, Your Honor, and this would be

the first note, I believe, after the June -- I think it's

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June 11, 2021, surgery, and this is Joint Exhibit 088.320.

Are all those notes that same exhibit?

MS. GOODMAN: Yes, it's Joint Exhibit 88.

MR. HICKEY: Okay. Exhibit 88 is the answer to your

question, Judge.

THE COURT: Okay.

BY MR. HICKEY:

Q. Let's go ahead and look at this one, for example, and it

says -- at the top see where it says, "History of present

illness"?

A. Yes.

Q. And it says, "Therapy clinical assessment"?

A. Yes.

Q. Do you see where it says, "patient seen for," and it says,

"Evaluation impairment with range of motion."

Did you have impairment at that time?

A. Yes.

Q. "Strength and pain levels affecting function," did you have

strength problems and pain levels at that time?

A. I did.

Q. Okay. And it describes the surgery. It says, "Prior level

of function, progressive decline." I guess that's talking

about before this surgery.

It says, "Right shoulder nature of pain, aching,

throbbing." Is that accurate as of that time?

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A. Yes.

Q. Then it says, "severity of pain," and this is only a few

days after that surgery, "Severity of pain, best to worse, 1 to

3 on a scale of 1 to 10." That seems pretty low.

What was going on at that time?

A. I may have taken Aleve before physical therapy, which I did

quite often.

MR. HICKEY: Okay. Can we go to the next page then,

reviews at the bottom, the examination with a range of motion,

the MRI?

Can we go to the next page to see if there is anything

significant there?

It talks about what we did, the modalities. It talks

about the goals planned.

Can you go to the next page?

BY MR. HICKEY:

Q. Then it refers to what lead to this shoulder replacement is

non traumatic rotator cuff repair. That's this surgery, not

the one of 2020.

So I count notes for that as 32, from June 22 to

October 11, 2021. Does that sound accurate?

A. Yes, it does.

Q. How would you compare -- how would you compare the recovery

time after the -- that's not -- that's a bad question.

The shoulder replacement is June 11, 2021. We are now more

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than two years after that. How would you compare the way you

felt, let's say in the year after that surgery, the shoulder

replacement versus the first surgery?

Were you in more pain after the first, the March 2020

surgery than June 2021 or less?

A. I was in less pain after the first surgery than I was after

the second surgery, if we are talking about pain from surgery.

Q. Okay. Fine.

How about just -- how about like starting -- when did the

pain from surgery diminish after the shoulder surgery?

A. I would imagine somewhere around August, September, 2021.

Are we talking the second surgery, the replacement?

Q. The shoulder replacement?

A. Probably August, September. It didn't go away. The word

was diminished.

Q. I understand. So, how would you compare the time after

that, the August, September, 2021, you know, through now, let's

say, with the time from the first Dr. Chern right shoulder

surgery March 2020 through the end of 2020?

How would you compare it?

Was it more in 2020 versus this period of time we talked

about or less?

A. So was it more in 2020 than present?

Q. Yes.

A. Yes, it was. Presently, every day we are talking about a 2

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to a 3.

Q. Okay. We are going to talk more about that, but let me

go -- let me go on to something a little bit differently, but

we are traveling in time forward to 2022 for right now.

A. Okay.

Q. That's last year.

You saw this Dr. Hommen who was on the stand yesterday, you

saw him in 2022?

A. Yes, I did.

Q. And you saw Dr. Rozenscwaig who testified two days ago here

also in 2022?

A. Yes, I did.

Q. Were they like a day apart?

A. Yes.

Q. Do you recall who came first, I don't?

A. Dr. Rozencwaig.

Q. Tell us, I asked -- and were you here -- I think you were

here for the examination, when I cross-examined Dr. Hommen,

actually for the entire examination of Dr. Hommen. Right?

A. Yes.

Q. And you heard him testify about the number of patients he

has every day?

A. Yes.

Q. And you heard him testify about the number of physical

exams he does and has done in the last year?

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A. Yes.

Q. And you heard him testify about the physical examination he

said he did on you?

A. I did hear him say that, yes.

MR. HICKEY: Now, what's the -- I don't know the exact

date of Dr. Hommen.

MS. GOODMAN: 5/24.

BY MR. HICKEY:

Q. Okay. 5/24/22 is Dr. Hommen, so 5/25/22 is Dr. Rozencwaig.

Did I get that right? Does that sound about accurate?

A. No, Dr. Rozencwaig was first.

MS. GOODMAN: 5/23.

MR. HICKEY: Okay. Then it's 5/23. Is Dr. Rozencwaig

23?

MS. GOODMAN: Yes.

BY MR. HICKEY:

Q. I messed up, and I apologize.

Why do you remember your examination, your visit with

Dr. Hommen?

I'm not asking you about the -- we're going to get there,

but why do you remember that?

A. Because it was a little strange from beginning to end.

Q. Why?

A. Just walking in the office, I went up and told him who I

was. They told me my appointment was cancelled, that Norwegian

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cancelled that appointment.

Q. Okay.

A. So I immediately called Dolores Martinez from your office.

Q. Okay.

A. She was rather surprised.

Q. You don't have to go into that. I mean, I know there was a

miscommunication.

A. Right. There was a miscommunication.

Q. The cruise line miscommunicated to the doctor?

A. Correct.

MR. MCALPIN: Objection, Your Honor. It's

argumentative and irrelevant.

MR. HICKEY: I'm going forward. I actually thought I

was avoiding.

THE COURT: I'm sorry, I missed what you said and

apparently so did the court reporter.

MR. MCALPIN: If you missed it, that's okay, because

it's not on the record.

THE COURT: Why don't you repeat your question or

rephrase your question if you think it necessary.

MR. HICKEY: Thank you.

BY MR. HICKEY:

Q. What happened?

A. So I went in. They took me back. They did x-rays.

Q. I mean, what happened? Why was it strange -- you said it's

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strange from the beginning. Why?

A. Well, the miscommunication first, you know, and then --

Q. What was that all about?

A. They told me my appointment was cancelled, that Norwegian

called and cancelled my appointment.

Q. Fine, then you straightened that out?

A. That was straightened out, yes.

They called me back, x-rays were taken, and then I went

into an examination room with a medical assistant.

Q. Okay.

A. So I sat on the chair. I did not sit on an examining

table. There was an examining table to my left, and I sat on

the chair and the medical assistant asked me what happened. I

did tell her what happened, and then Dr. -- I'm sorry, Hommen,

I'm horrible with pronouncing names.

Is that how his name is pronounced?

Q. Yeah.

A. He walked in the room. He did not ask me to get up on the

exam table. I was still sitting on the chair. He asked me

what happened, and I told him. It was a conversation, talked

about my medical history.

Q. Hold on. So he asked you what happened at the tender

crash?

A. Correct.

Q. Okay. Go ahead.

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A. And we talked about my medical history. He said, stand up,

let me see your scar.

Q. Did you stand up?

A. I did.

Q. Did you show him your scar?

A. I did. I stood up and I moved my shirt to the side. And

he pointed out the four points of the arthroscopic surgery, and

he said, "Nice scar."

So I went and sat back down on the chair and he said, "Now

you are done. You can go. Have a nice day."

I left and I was shocked.

Q. Why were you shocked?

A. Well, I didn't have to move my arm. I didn't have to flex

my arm. I didn't have to reach.

Q. Okay. Did Dr. Hommen perform a physical examination on

you, the examination that he described yesterday from the

witness stand?

A. Absolutely not.

Q. Just to make it a hundred percent crystal clear on the

record, did Dr. Hommen ask you to lift your arm straight up?

A. Absolutely not.

Q. Did Dr. Hommen ask you to lift your right arm to the right

or to the left or forward or backward?

A. Absolutely not.

Q. We will get there in a minute but -- well, strike that.

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So you had gone the day before to Dr. Richard Rozencwaig?

A. That is correct.

Q. Were you here also when Dr. Richard Rozencwaig testified

two days ago?

A. I was.

Q. And it may have been three days ago -- I apologize,

sometime this week. How -- what happened at the examination

with Dr. Rozencwaig?

First of all, how long did that process with Dr. Rozencwaig

last?

A. Probably about an hour and a half.

Q. How long did the process with Dr. Hommen last?

A. Probably about a half an hour, including the x-rays.

Q. Okay. You're saying half an hour with the process at

Dr. Hommen's office. Right?

A. When I was taken back, no -- right, walking in, I

understand what you are saying now, yes.

Q. For how long did Dr. Hommen spend with you?

A. Tops, ten minutes.

Q. For how long did Dr. Richard Rozencwaig spend with you?

A. About an hour.

Q. And did Dr. Rozencwaig do the physical exam and movements

that he testified to the other day?

A. Absolutely, and when I moved my arm when he asked me lift

your arm, he took a measurement. He had a ruler. He had -- I

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don't know what it would be called.

Q. It's called a goniometer, but it's a plastic device that

measures angles?

A. Yes.

Q. Yeah, it's called a goniometer. It's a weird name.

A. Yes, he measured everything that he did, everything that he

asked me to do.

Q. That weird ruler, was it something that --

A. Yes.

Q. It's got two levers to it, arms in it. It's got some

device in between and measures angles like that?

A. Correct.

Q. Did Dr. Hommen have that or bring that into the examining

room with him with you at all?

A. No.

THE COURT: Mr. Hickey, as I indicated -- well, it's

time for a break anyway. So, as I said before, I've got a

criminal matter at 11:30 for the trial. For the trial, why

don't we just take an early lunch break now and resume back

here at 12:30, and then, again, we will go until 3 o'clock

today.

MR. HICKEY: I'm in the final stretch, at this point,

with this witness.

THE COURT: All right. For the trial, we will be in

recess until 12:30, and we will resume then.

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All right. You may step down, ma'am.

MR. MCALPIN: Thank you, Your Honor.

COURT SECURITY OFFICER: All rise.

MR. MCALPIN: Do we have to clear the tables?

THE COURT: Defense counsel will have to clear the

table for the marshals.

MR. MCALPIN: No problem.

MR. BERMAN: Sorry to ask, can we leave the stuff in

the back there?

THE COURT: Not in the first row. You can maybe leave

it in the back row if you want to leave it in the courtroom.

MR. BERMAN: Okay.

MR. HICKEY: Judge, we have the post-incident physician

visits it says, but it's also physical therapy. Correct?

MS. GOODMAN: Correct.

MR. HICKEY: So what we showed, we have it here. We've

e-mailed it to defense. Would you like a copy right now?

THE COURT: Sure. Just give it to Rehan.

Thank you.

(Lunch recess.)

BY MR. HICKEY:

Q. Ms. Ruggeri, we talked before the lunch break about

physical therapy. In the last four years since the tender

crash is 99, and that sounds accurate?

A. Yes, it does.

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Q. We have in evidence the doctor visits. I don't think we

added those up yet. The doctor visits I added 26 over the last

four years. Does that sound about accurate?

A. Yes, it does.

Q. That's a total, over the last four years, since this tender

boat crash, of 125 trips to either doctors or physical therapy?

A. That is correct.

Q. Just switching gears a little bit here, tell us about your

activities.

First of all, your activities before the tender boat crash

of 10/25/19 -- before the crash, tell us about your activities.

A. So before the crash of 10/25/19, I took care of myself. I

took care of my family. I worked. I did all the housework,

vacuuming, washing, cooking, holiday dinners.

We also took care of our grandchildren, so they were at our

house all the time. They still are at our house on weekends,

playing with them, crawling on the floor with them.

I was the cool mimom.

Q. Why is that?

A. Because I would interact with them. I would get on the

floor with them. We never, ever yelled or screamed or if one

of the little ones was doing something wrong we had a white

straw hat and we would take out the white straw hat and ask

Alexa to play Singing in the Rain, You Are My Sunshine. We

would start dancing, and we would start holding the hat out and

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twirling around. And in a few minutes the baby would turn

around and she or he would be across from us and they would

start dancing, and then you would get, "uppy, uppy."

So you'd put the hat on your head, and you'd pick the baby

up and you would start twirling around and dancing with the

baby until then -- babies mimic. So the baby would take the

hat, and they would start holding it out and at the end of the

song they would put it on their head. We would put them down.

We didn't have to discipline them. We didn't have to yell

at home. We diverted their attention.

Q. Do you have kids?

A. I do; two.

Q. What are their names?

A. Steven Glenn Robinson and Kelly Robinson.

Q. Okay. They are adults?

A. They're adults, yes.

Q. How old are they?

A. Kelly is 33. She will be 34 in December. Steven is 38.

Q. Who has the kids?

A. Who has my grandchildren?

Q. No, in other words, these kids -- your grandchildren, are

they children of Steven or Kelly or both?

A. They are my son's.

Q. What are your grandkids' names?

A. John Paul Robinson.

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Q. Who, what?

A. John Paul Robinson, who we call JP, and Emiliana Robinson,

who we call Emi.

Q. Emiliano?

A. Emiliana.

Q. How old is John Paul now?

A. John Paul is 11.

Q. How old is Emiliana now?

A. Seven.

Q. Do Steven and Kelly live with you now?

A. Yes.

Q. When did that happen?

A. Kelly always lived with me. Steven moved back in last

November.

Q. Why is that? What happened?

A. He is in the process of a divorce.

Q. You talked about -- we are still before the tender crash.

Did you have any problems with your right shoulder getting

down on the floor with the two grandkids before this crash four

years ago?

A. No, I didn't.

Q. Did you have any pain in your right shoulder before this

crash four years ago, other than going back 12 years to that

surgery in 2007 and the physical therapy after that?

Did you have any -- after the physical therapy period,

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let's say, January 2008, until this crash in 2019, did you have

any pain in your right shoulder?

A. No, I didn't.

Q. Did you have any problems doing anything between January 1,

2008, picking arbitrarily, and the time of this crash?

A. No, I didn't.

Q. What about on the cruise; did you have any problems before

this crash getting onto the ship, carrying your luggage or your

purses, anything like that?

A. No, I didn't.

Q. Did you have a strong shoulder before this, before this

crash?

A. I did.

Q. Can we show a photo of Ms. Ruggeri on the cruise ship, in

fact?

MS. GOODMAN: This is Plaintiff's Exhibit 211.

BY MR. HICKEY:

Q. This is Plaintiff's Exhibit 211. Do you recognize that?

A. I do.

Q. You do recognize that?

A. I do recognize that, yes.

Q. I assume those are not the Beatles but they are made to

look like the Beetles. Where was that taken?

A. That was on the Epic, on the cruise ship.

Q. This is before the crash?

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A. It is, yes.

Q. What day is this?

A. I don't know whether it was Wednesday or Thursday.

Q. But it was before this crash on Friday?

A. It is.

Q. You look happy; were you?

A. I was happy, yes.

Q. You also look like you have gained weight since this time?

A. I have.

Q. How much?

A. Between when this picture was taken and now?

Q. Yes.

A. Probably about 30 pounds.

Q. You can leave that up for a minute there.

Actually, the only other photos we have on the cruise is --

there is another one. Maybe we should show that one now, and

this is -- is this in -- this is Cannes, obviously, from --

that's Exhibit 042.004. It says Cannes on it. Is it in

Cannes, France?

A. It is.

Q. Is that -- obviously, it's before the crash?

A. That is correct.

Q. Okay. And this is your standing -- what are you doing

there? You are standing behind this cutout?

A. Yes, so that I look like the cutout.

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Q. Did you have a good time in Cannes?

A. Oh, I did, yes.

Q. So, over the -- we see there are different periods of times

during the crash. There are different eras, let's say. There

is right after the crash and the time before the first surgery

after the crash, which is March 17 of 2020. Right?

There is that time?

A. Yes.

Q. We talked about the pain and limitations of that time?

A. Yes.

Q. Then there is after the surgery and to, oh, I guess it's

September of that year, right, of 2021?

A. Yes.

Q. So March to September. That's kind of another era. Right?

A. Yes.

Q. And then there is September to -- September of 2021 until

really the end of that year. I know you said in November you

started feeling the pain again, right, March to November, so

that's -- am I getting that right?

That's March 2021 until November?

A. 2020.

Q. No, March was the surgery. March 2021 was the surgery.

A. No, the first surgery was March 17th, 2020.

Q. I'm sorry. You're right. Okay.

You are right. Sorry.

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March 17 -- it's been a long day, long week.

March 17, 2020, until September 2020. That's another era.

Right?

A. Correct.

Q. And you talked about the pain and limitations then. Right?

A. Yes.

Q. And then another era is September 2020 through the end of

that year, through November, when you said, and the docket

noted it, through November you started feeling the pain again.

Right?

A. That is correct, yes.

Q. In this March through -- after that first surgery after the

crash until November, that's an era, and then November of 2021,

when you start feeling the pain again and the shoulder

replacement surgery in June.

So that's November through June, that's seven months there.

Right?

A. Correct.

Q. We talked, I think, a little bit at least -- hope I didn't

bypass that, but I think we talked about the pain and

limitations in that era. Right?

A. We did.

Q. Then we've got the shoulder replacement surgery that's

June 11, 2021, and, of course, immediately following we talked

about the pain there. Right?

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A. Yes.

Q. Then we got kind of another era of physical therapy

through, I don't know, is it through September 2021, your last

visit with or July, July of 2021 is your last visit, I think,

with Dr. Chern, something like that?

A. For the replacement?

Q. Yes, sir. Yes, ma'am.

A. October.

Q. Well, but your last visit with Dr. Chern is -- oh, right.

Right. Okay.

So the replacement surgery is June 11, 2021?

A. Correct.

Q. And your last visit with Dr. Chern is not until 2022,

right, July of 2022?

A. Correct.

Q. And that's kind of another era. Right?

A. Correct.

Q. That's basically a year; that's another era.

And is your pain and your limitations and your impairments,

are they more or less the same now as they have been in that

last era, that is, after the shoulder replacement surgery,

after the initial pain of it?

Let's say from July, all, through now, is that more or less

the same?

A. Movement wise, I'm a little better now. Keeping my arm in

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any position more than a little bit, then I am feeling pain.

Trying to pick up anything, probably that weighs more than five

or six pounds, there is pain.

Q. Okay. What type of pain?

A. So, it's an aching pain. It goes from the shoulder down

the arm.

Q. Okay. What's the frequency that you feel that pain?

A. Whenever I am trying to do anything that requires any type

of strength or any type of staying in one position for a while.

Q. All right. I mean, is that once a day, three times a day,

once a week? With frequency what frequency do you feel that?

A. I am going to say at some point once a day.

Q. And this is through today. Correct?

A. Yes.

Q. And what strength of the pain would you give it on a 0 to

10 scale when you do feel it?

A. So, when I do something we are looking at about an 8 to a

10.

Q. Okay.

THE COURT: I'm sorry, you said when when?

THE WITNESS: When I am physically trying to do

something, trying to grab something.

THE COURT: Okay.

BY MR. HICKEY:

Q. It's a what?

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A. An 8 to a 10.

Q. What about normally just going through the day? What's the

pain level?

A. My pain level is about a 1 to a 2.

Q. Let's talk about the way I classify it, activities, there

is unable to do things, do less than another category for

things you do less of, and another category of things you do

but you do them with pain.

Let's talk about what you believe you are unable to do now

in this last era, this era through today and into the future.

How about carrying things?

Tell us about that.

A. So, I can't carry things in my left arm that weigh more

than five pounds.

Q. Why did you say left arm?

A. I can't -- I'm sorry, my right arm. I have to carry them

in my left arm.

Q. Oh, okay.

A. For example, my husband coming here every day, he can't

carry his oxygen and walk, so I am carrying his oxygen in my

left arm, so there are things that I can't do with my right

arm.

Q. Okay.

A. I can't put the seven-year-old in a car seat. She had to

learn to do that herself ages ago and get herself buckled in.

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I can't walk the dog using the right arm. I can't vacuum.

Any repetitive motion, reaching down into the dryer or reaching

down into the washer with my right arm --

Q. Hold on. Let's go back to the dog. But can't you use your

left arm to walk the dog?

A. I don't have that much strength in my left arm to control

the dog because he is a puppy and we are still kind of training

her to walk beside us, so I can't go with her a long distance.

Q. Because you need both arms?

A. Yes.

Q. Okay. Now, before we go on, we have heard about how you

can lift your right arm above you, but what's the difference?

What's the difference between now and the day before the

crash, for example, with your right arm, with lifting it above

your head?

A. Okay. So, for example, we have to get a certificate of

occupancy every time title transfers in real estate. So the

municipality has to come down and do, at the absolute least, a

smoke inspection. That requires to have -- depending on the

municipality, the state minimum requirements are a smoke

detector ten feet from the sleeping areas with a sealed

ten-year battery, carbon monoxide detector within ten feet from

the sleeping area, a five-pound fire extinguisher five feet

from the kitchen in the egress.

So, can I hold on to that smoke detector, absolutely.

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It's getting on the ladder, raising my arm to find the

studs, putting the smoke detector in the correct place,

screwing in the screws for the base, then getting the smoke

detector and attaching it. That's the part that I can't do.

Q. That's the part you can or cannot do?

A. Cannot do.

Q. Why not?

A. Because I can't keep my arm there that long so my daughter

comes along and she does it.

Q. So it's strength and opposite of fatigue. It's stamina.

Correct?

A. Correct.

Q. Has that been the case -- for how long has that been the

case that you can lift it up pretty good but just the strength

is not there?

A. How long has that been the case?

Q. Yes.

A. After the last surgery.

Q. You mean the replacement surgery?

A. Correct.

Q. Grandchildren, you talked about how that has affected --

well, actually, you told us you could before. Tell us how that

has been affected.

A. I would just put my grandchildren in the car, we would go

to a park. I would push them on a swing or whatever they

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wanted to do. I would be able to do it. I can't do that now.

I can't push them on a swing. I can't twirl them on anything.

Q. Is that relationship with those two grandchildren important

to you?

A. Absolutely. Absolutely. They are my hearts.

Q. Has this curtailed your time and enjoyment with them?

A. It curtailed my enjoyment. We still have them the same

time, but I don't -- I don't enjoy it as much as I did.

Q. How much of your enjoyment in life did you derive from

spending time and playing with your grandkids?

A. The majority of enjoyment with my life was with my

grandkids. I refer to them as the king and the queen.

Q. How about driving?

We talked before, at the beginning of your testimony, about

driving, driving for -- we know you've driven for 125 visits

and not including your two surgeries, but what about driving

for your work, realtor work, the teaching work; how has that

been affected?

A. So, I can drive for about 30 minutes before I start feeling

pain in the arm.

Q. Okay. Do you -- are you guarded with your right arm when

you drive?

A. I am actively driving with my left, gliding with my right.

Q. Is that different from before?

A. Yes. Yes. I drove with my right arm, my right hand.

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Q. How about reaching back behind you, whether it's to unzip

something or to do something or scratch your back or anything

like that?

What about reaching back; how's that been affected?

A. Again, I could reach back if I have to scratch my back. If

I am trying to put my necklace on, no, I can't do that. That's

too much time up in the back of my neck, so I just leave it on.

I don't take it off.

Q. When you say I can scratch myself, you mean just for a

millisecond?

A. Yes, I can go back there and scratch but, no, putting a

necklace on, no; buttoning my shirt I have to tell my husband

to do it.

Q. How about taking the clothes out of the washer and dryer?

Tell us about that.

A. I can take the clothes out of the dryer. I can't reach

into the washer and get them and put them into the dryer.

However, once I take them out of the dryer, excuse me,

somebody has to take the clothes basket upstairs.

Q. Okay. Before this you had no problems or you had problems?

A. Oh, no, I didn't have any problems doing that.

Q. Hang clothes up after they are washed?

A. If I have one dress that I have to hang in the closet,

okay, I am good, I can do it. If there are several things, I

can't do it. Again, I have to get my husband or one of my

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children. That usually ends up in a bit of bickering.

Q. Repetitive motions in your life, what about that?

A. Anything repetitive tends to bother my arm.

Q. Your right arm?

A. My right arm, yes.

Q. When you say "bother," what do you mean?

A. Pain. Pain. Could I do it once? Yes.

Can I do something after that? Most likely not.

Once or twice works. After that it doesn't.

Q. Cooking, lifting pots?

A. I don't cook.

Q. Sorry?

A. I don't cook.

Q. Did you cook before this crash?

A. Absolutely. Absolutely.

Q. I mean, did you cook three days a week, seven days a week

before this? Tell us.

A. No, before this I cooked dinner every night. Breakfast and

lunch everybody is on their own. I would cook dinner every

night. I did every holiday dinner.

My husband cooks dinner now.

Q. Okay. Your husband is not in great shape, is that fair to

say?

A. No, he isn't.

Q. Okay. We will get back to that. We talked about your

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properties, for sale signs. What about for sale signs?

A. That's my son's job.

Q. Did you do it before this crash?

A. I did do it but, again, you have to hammer a for sale sign

into the ground and I can't hammer it.

Q. You could hammer it before?

A. Yes.

Q. What if you hammer it now?

A. It will hurt my shoulder.

Q. Vacuuming, tell us about that.

A. I can't vacuum. That bothers my arm.

Q. Can you do it with a left arm?

A. I don't have enough coordination to my left arm to do that.

Q. Because you are right-handed?

A. Yes.

Q. Emptying the dishwasher?

A. Well, emptying the dishwasher requires putting the dishes

away, which means I'd have to continually reach up to do that,

so I can't do that.

Q. You can reach but you can't hold what? What happens

when --

A. I can't hold the dish and get it up there.

Q. Why not, what happens?

A. Because of the strength.

Q. What happens?

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A. I will drop it. I will drop the dish.

Q. How about rolling dough for your favorite Italian dishes?

A. I don't do that anymore. I tend to buy pizza or tend to

buy store-bought ravioli. I don't make them from scratch

anymore.

Q. You are from -- where were you born and raised again?

A. In Philadelphia.

Q. You are Italian American, I'm guessing?

A. Yes.

Q. Is rolling pizza dough and making these pasta dishes, how

important is that to you in your family and your culture?

A. It's extremely important. My mother had me doing that with

her from when I was a child.

Q. What about getting dressed but not in shirts and blouses --

tell us about that -- or pants.

A. It depends on if I am wearing something loose-fitting, like

this, you know, what I have on today where I can just slip it

on over my head, I am usually pretty good with that.

If I am doing something that is tight-fitting or I need to

maneuver a little bit, then I have an issue. Then I need help

with it.

Q. Combing your hair, brushing your teeth?

A. I do that with my left hand.

Q. Brushing your teeth?

A. I do that with my left hand.

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Q. Shower and bathing?

A. I do that with my left hand.

Q. Let's talk about -- before we finish up, let's talk about

sleep. Let's talk about sleep.

Has sleep been affected by this injury and the surgeries?

A. Yes, it has.

Q. First of all, does sleep continue to be an issue?

A. Yes, it does.

Q. Without going into every era of the progression of this

thing over the last four years, let's talk about this era right

now. Tell us about your sleep pattern.

A. So, I usually go into the bedroom somewhere around 8:00,

8:30 and put the TV on. It puts me to sleep. I always say it

calms down the mouse on the treadmill in my brain, so it puts

me to sleep. I will sleep for a while, I may turn and get some

pain so now I'm awake.

Not to wake my husband up, I will go in the living room and

go in the recliner because that is comfortable and I will turn

the TV on in the living room because I need to calm down the

mouse on the treadmill.

I need to stop worrying about what's going to happen, what

am I going to do if, what does this person think of me, and

basically that's my grandchildren, like am I still their cool

grandma even though I can't do for them.

I start what if my husband needs more help and I can't help

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him; what if I can't help myself. My children aren't going to

be there forever to help me.

Q. You mean in the future?

A. In the future, yeah.

Q. Okay. What period of time, how long between when you fall

asleep, typically, and you wake up because of the pain?

A. That's usually about two or three hours.

Q. Okay. Tell us why you feel pain. Tell us why.

A. Well, it could be the way I move. It could be lack of

support on the shoulder, you know. That will cause pain.

Q. If you roll over onto your right-hand side, do you feel

pain?

A. Yes.

Q. Would that wake you up?

A. Yes.

Q. Did it before this crash?

A. No.

Q. So you wake up typically after two or three hours. You go

to the recliner. Do we have a photo of the recliner that

Ms. Ruggeri sleeps in part of the night?

For how long -- while she is getting that photo up, ma'am,

for how long has it been that your sleep gets interrupted with

pain and you go down and you sleep in a recliner?

A. What time period or how many times a week?

Q. For how long has it been; has it been just this week?

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A. Oh, no, it's been ongoing.

Q. Okay. Well, for how long -- I mean, it's been more or less

four years, I guess, since the crash?

A. Right.

Q. For how long has it been that your sleep is interrupted and

then you go down and sleep in a recliner?

A. For four years.

Q. How often? Is this every night, once a month, every night?

What is the frequency?

A. It's probably about two or three times a week now. It was

more frequent previously, but it slowed down now.

Q. Okay. Was there a time when this was every night?

A. When this first happened, it was every night, yes.

Q. Okay. How long did that continue that it was pretty much

every night?

A. Probably until after -- probably midway between the first

surgery and when I was discharged. I had stopped doing it --

not stopped doing it, I wasn't woken up every night. It was

less, and then, of course, we had the second surgery where it

started all over again.

Q. Okay. When you -- so, this recliner, it reclines,

obviously, this chair we're looking at in Exhibit 044. Right?

A. Yes.

Q. You want the recliner because it has the sides and

everything you feel like it doesn't allow you to turn over?

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A. Right.

Q. Then in a typical night -- thank you, we can go back to --

well, you can keep it there if you want. In a typical night,

how long do you remain up, awake when this does happen?

A. Probably about an hour and an hour and a half.

Q. Okay. After that what happens?

A. Then I fall back to sleep.

Q. For how long typically?

A. Until 5, 5:30.

Q. How many hours total do you get a night then?

A. So I probably get about six hours, five, six hours a night.

Q. How many hours did you get before the cruise?

A. Eight hours, eight to ten.

Q. You said how many nights a week do you go down to the

recliner?

A. It's usually about two or three nights a week.

Q. Two or three.

Okay. In the other nights is your sleep also interrupted,

you just don't go down to the recliner?

A. It is.

Q. Is it interrupted in the same timing?

A. Yes.

Q. Okay. You just lay there until you get back to sleep?

A. Yes.

Q. Let's talk about that.

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Fatigue, let's talk about fatigue. How does this sleep

deprivation, interruption and deprivation, I suppose, how does

that affect your fatigue, your energy level during the day?

A. Well, I am tired during the day, so I do less. It really

starts to bother me during the end of the week because I am

surviving the week, and now I am at the end of the week and I

am really exhausted.

Q. How does this, the sleep interruption and deprivation and

fatigue affect your happiness?

A. It interferes with my happiness. I am very snappy. I'm

very grouchy. I lack patience.

Q. Has that affected your relationship with your husband?

A. Yes.

Q. Tell us about that.

A. I can snap at him in a minute for something extremely

small. For example, if he is cooking and he is making stew, I

cook the potatoes right in the stew for the flavor. He cooks

them in a separate pot.

Q. What is that, cooking what?

A. Potatoes. If he is cooking stew, I put the potatoes right

in there so everything gets the flavor, and he will cook the

potatoes in a separate pot. So that's an immediate snap at

him.

You know, if we have an appointment, I tell him you have an

appointment, and he will say where and I tell him where. Then

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we are going to the doctors, and he is like we are always there

for a long time. I say, that's too bad, you got to do what you

got to do, let's move.

If I'm on a schedule, if I'm at work and this appointment

is in the middle of the day and I'll tell him you have an

appointment at such and such a time, be ready when I come home.

Well, it's as if he has to tie his shoe. I snap at him because

I say I told you to be ready.

Q. Is that relationship with your husband important to you?

A. It's very important to me.

Q. How long have you been married, ma'am?

A. Forty years.

Q. Now, you and your husband have had your problems?

A. Yes, we did.

Q. Did you ever divorce him?

A. We never got divorced, but I wanted a divorce, yes.

Q. How long ago was that?

A. That was in 2008.

Q. Did either of you file for divorce?

A. I was going to.

Q. I didn't ask you if you were going to. I asked if either

of you did.

A. We didn't actually file in court. We went to attorneys. I

had papers sent to him. He would never sign them.

Q. Okay. Fair enough.

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By the way, why is your name Ruggeri and his name is

Robinson?

A. Because when that was going on -- my name was Robinson, and

when that was going on it was very early in my real estate

career. Because we had the papers drawn up, I was able to

change my name back to my maiden name.

Q. Okay. Did you all live together still, or no?

A. No, we were separated.

Q. Fine. For how long were you separated?

A. Probably about two years.

Q. Okay. And you got back together?

A. We did.

Q. Did you do that through counseling or no?

A. No, we worked out our differences ourselves.

Q. That's old school. Right?

A. It is, yes.

Q. What do you worry about in the future?

A. I worry about my life in the future, what am I going to be

able to do, what am I not going to be able to do. With my

family, how can I help them; how can I help my husband; how can

I continue to work.

Q. Why is it so important to you to be able to care for you

and your husband and your grandkids and your family? Why is

that so important for you to be so tough, because I think you

are tough?

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A. Because that's the way I was raised.

Q. You come off as tough. Why is that so important to you to

remain so independent and take care of others?

A. Because that's the way I was raised. My mother raised me

to be independent. My mother was uneducated. She had to quit

school and did not graduate high school. She was growing up

during the depression, and she had to go to work to help her

parents keep their roof over their head, to save their house

because people were losing houses like crazy.

So she raised me and my brother, we were both raised the

same way; however, in an Italian family, the son was expected

to go to work. The daughter was not expected to go to work, to

finish education, to go to college and my mother would not have

that. I was going to -- my job was to go to school and be

smart and stand on your own two feet, be able to be

independent.

Q. And now?

A. I'm not totally independent. I find it very difficult to

depend on people. I find it very difficult to say to my son, I

need a sign on 2 Cove Point Road. I find it very difficult to

say to my daughter, hey, let's go over to this house, I need to

get it ready for closing.

Q. The first surgery after this crash that failed, the surgery

failed. Do you think about this one failing?

A. I do.

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Q. How does that make you feel?

A. It makes me feel concerned, anxious, anxiety, what am I

going to do if it does fail.

Q. Finally, what have you lost as a result of this injury on

the tender?

A. I am not a whole person anymore. I am not a whole human.

I am only part of a human being. I am not an entire human

being.

MR. HICKEY: Thank you, Your Honor.

THE COURT: All right. Cross?

MR. MCALPIN: Yes.

CROSS-EXAMINATION

BY MR. MCALPIN:

Q. Good afternoon, Ms. Ruggeri. My name is Richard McAlpin,

as you know.

Nice to see you. Let me just dive straight into some thing

I'd like to clarify.

We know from your prior testimony that you tore your

rotator cuff on your right side back in 2007. Correct?

A. That's correct.

Q. And you were born the same year as I was, 1957, so that

would have made you -- in July of '57. Right?

A. That's correct.

Q. So July '57 you were born, so in May of 2007, that's when

you had the rotator cuff surgery?

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A. Yes.

Q. So that would have been before your birthday, so you would

have been 49 years old at the time. Correct?

A. Correct.

Q. There was no accident associated with that, the need for

that surgery. Right?

A. Correct.

Q. You simply woke up and your arm started hurting and it hurt

for a while before the surgery. Right?

A. Correct.

Q. In connection with that before the surgery you actually had

pain and tingling going down to your hand on your right side,

didn't you?

A. Prior to the 2007 surgery?

Q. Yes, ma'am, that's what we are talking about.

A. Yes.

Q. So, because of that pain and tingling going down your arm

and the discomfort, which you had before the surgery, you

ultimately went to some physical therapy, which failed.

Right?

A. Correct.

Q. And then you had the surgery in May of 2007. Correct?

A. Correct.

Q. And during that time you were smoking. Right?

A. I would imagine I was. There was a period when I quit or

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I'm not sure. Way back in 2007 I was off and on all the time.

Q. Right. But you told us in your prior sworn testimony that

you started smoking at age 16. Right?

A. I did.

Q. And that you stopped for ten years but then you started

again in 1999. Right?

A. That is correct.

Q. And that's what you told us here this afternoon?

A. That is correct.

Q. And that your smoking quantity was between a half a pack

and a pack a day. Correct?

A. That is correct.

Q. So let's just do some quick calculations together to figure

that out, if we could.

If I just -- just to get the parameters here, born in '57,

started 16, stopped for 10 years, started again in 1999, half a

pack to a pack a day. Right?

A. Correct.

Q. So then if we just do some quick calculations, we can see,

adding 16 years old when you started, you would have started

smoking in 1973. Correct?

A. Correct.

Q. And we know that you stopped in -- you started again in

'99. You said stopped smoking for ten years so you would have

stopped in 1989, as you testified today. Correct?

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A. Correct.

Q. So, between 1989 when you stopped smoking and when you

started smoking is 16 years. Correct?

A. Correct.

Q. If you were smoking 16 years half a pack to a pack a day

before you stopped, right, and then you started again in 1999.

Right?

A. That is correct.

Q. You started again in 1999. The surgery was in 2007.

Right?

A. That is correct.

Q. The difference there is eight years, right. The time

between that is eight years. Right?

A. That is correct.

Q. So if we add the 16 years before you stopped and the eight

years after you began again, we get 24 years of smoking at the

time of the 2007 surgery. Correct?

A. So, smoking on and off, yes, because I tried throughout to

quit and have quit for a month or two and then gone back to it.

Q. Your sworn testimony didn't include or talk about any

intermittent smoking. It talked about one stretch of ten years

of not smoking. Right?

A. Right. And then I did say when Mr. Hickey asked me, yes, I

did try to quit numerous times.

Q. Yes, ma'am.

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If we just want to continue with our little calculations

here. If we want to do the same kind of calculation as to how

many years you've been smoking up to present, this is 2023.

You started again in 1999, so that would be 24 years since you

started again. Right?

A. Intermittent, yes.

Q. Then if we add the 24 to the 16 before you stopped smoking,

we have 40 years of total smoking between half a pack and a

pack of cigarettes per day. Correct?

A. Yes, intermittent. Yes.

Q. Now, when you had that surgery back in 2007, you had pain

that you -- you estimated as an eight out of ten. Isn't that

true?

A. Yes.

Q. Yes, ma'am. So, you had some serious pain and you had some

serious tingling and loss of sensation going down to your right

hand before that surgery in 2007. Right?

A. That is correct.

Q. You were also diagnosed with certain conditions, one of

which is osteoporosis way back in 2007. Right?

A. I don't recall.

Q. Wasn't that what you said in your deposition, that you had

osteoporosis?

A. I could have.

Q. Let me see if I can refresh your recollection.

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Do you remember when your deposition was taken by

Ms. Fagenson?

A. I do remember, yes.

Q. You have reviewed that prior to coming to court today,

haven't you?

A. Did I review it today, no.

Q. No, you reviewed it prior to coming to court?

A. I did.

Q. Yes, ma'am. Did you see on page 59 of your deposition that

was taken on February 12th, 2021, on page 59, beginning at line

2 on page 59, "Has any doctor prior to the incident on board

the cruise ship, has any doctor or medical professional ever

diagnosed you with any type of arthritis, osteoarthritis,

osteopenia, any condition similar to that?"

Answer on page 59, line 7, "I have been diagnosed with

light osteoporosis in my back." Does that help refresh your

recollection?

A. Yes.

Q. So we agree that you had osteoporosis starting in 2011.

Correct?

A. It has never been brought up after that.

Q. And, ma'am, of course, you know that smoking is detrimental

to your health. Right?

A. I do.

Q. When you smoke you see those big giant warnings actually on

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the cigarette packet. Correct?

A. Correct.

Q. Some of those things say smoking kills. Right?

A. I guess.

Q. You haven't seen those in 40 years of smoking?

A. I have seen that smoking harms pregnant women.

Q. You haven't seen the signs that say smoking kills?

A. No.

Q. How about smoking is detrimental to your health?

A. No.

Q. How about smoking is addictive?

A. I have seen that, yes.

Q. But you know that smoking kills, don't you?

A. I know that smoking can kill, but I also know people that

die that don't smoke.

Q. But you know that smoking increases the risk of various

diseases, don't you?

A. I know it does, yes.

Q. The doctors over the years that you have been through have

constantly told you these things. Isn't that true?

A. No, that's not true.

Q. So is it your testimony here today that doctors haven't

told you that smoking is bad for your health?

A. They have asked me to quit, yes. We have discussed

quitting.

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THE COURT: I'm sorry. Hold on. At times you are

talking over one another. Let him finish the question.

THE WITNESS: I apologize.

BY MR. MCALPIN:

Q. Only one of us can talk at the same time.

A. I'm sorry.

Q. Ms. Patty will get angry with us.

Doctors in your years of going to them have counselled you

to stop smoking. Is that a fact?

A. I wouldn't call it counseled. I would call it asked.

Q. Asked, okay.

A. Said that I should.

Q. I'm sorry? I'm sorry?

A. Said that I should.

Q. That you should stop?

A. Correct.

Q. Have they told you that smoking is bad for your health?

A. They didn't actually come out and say it, but if somebody

said you should stop, I guess you could imply it.

Q. Do you understand that, ma'am?

A. I do.

Q. And do you understand that smoking deteriorates tissue and

bone?

A. No, I did not understand that.

Q. Do you understand it today?

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A. Well, you said it.

Q. Was this the first time you are hearing this in court here

today?

A. I have never associated it with hurting tissues and bones.

Q. So the answer to my question is, yes, this is the first

time you are hearing that?

A. Yes.

Q. Why did you think the doctors were telling you to stop

smoking?

A. Most people associate smoking with lung cancer.

Q. That's something negative associated with your health.

Isn't that true?

A. That is true, but I can name lots of people who never

picked up a cigarette and died of lung cancer.

Q. So you just think that you are going to roll the dice and

it's not going to affect you. Right?

A. No, I don't believe that. I don't believe that I am

rolling the dice.

Q. Well, you understand that smoking is against your health,

is bad for your health. Right?

A. Correct.

Q. But you continue to smoke. Correct?

A. Intermittently, yes, I try to quit.

Q. And against doctor's advice. Isn't that true?

A. I am not calling it advice. I am saying they ask. They

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tell me I should quit. They are not telling me I have to.

Q. Well, no one can make you do anything. Right?

The doctors are telling you you should stop smoking and you

are not following that advice or those instructions, isn't that

true?

A. That's not true if I try to quit intermittently.

Q. But, ma'am, you are not following the doctor's instructions

to stop smoking on a permanent basis. Isn't that true?

A. I try.

Q. Please answer my question. You have not followed --

A. I have not stopped on a permanent basis but not for lack of

trying.

Q. Even though it's against your doctor's advice, you have not

followed that advice?

A. I have tried to follow that advice.

Q. Thank you, ma'am.

Now, before the cruise on the Norwegian Epic back in 2019,

you had been on a bunch of other cruises. Right?

A. I certainly have.

Q. When did you begin cruising?

A. My first cruise with my family was 2002.

Q. Approximately, how many cruises would your family go on

starting in 2002?

A. We started going on one a year. There was a break, and

then we started cruising again in 2015.

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Q. Did you go on a couple of cruises every year from 2015?

A. We went on two cruises a year, yes.

Q. Yes, ma'am.

Let's put Exhibit 74.018. Actually, let's go to the first

page, 74.001.

Ma'am, do you remember answering some questions that we

sent to you through your lawyer?

A. I do.

Q. Do you recognize this as the first page of those questions

called interrogatories?

A. I do.

Q. Let's go to the last page, please, 74.020. Is that your

signature there on that page, 74.020?

A. Yes.

Q. Did you sign the interrogatories, these questions after you

answered them?

A. Yes.

Q. And did you sign this on October 23rd of 2020?

A. I imagine, since it says that.

Q. Yes, ma'am.

You don't dispute that, do you?

A. No.

Q. Let's go back to page 74.018, page 18 of the

interrogatories. Here you can read the question but,

essentially, we are asking you to list the cruises that you

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have been on in the last ten years, and you went ahead and

started answering starting in 2016. Do you see that?

A. Yes.

Q. Let me just go through those.

In 2016, it was a how many day cruise on the Norwegian,

generally?

A. Generally, I would imagine seven.

Q. On the following fall you went on the Pride of America from

Hawaii. Is that correct?

A. That is correct.

Q. Later in November of the next year you went on the NCL

Pearl for a 14-day cruise to the Panama Canal. Correct?

A. That is correct.

Q. Then in January of the next year, Carnival Glory in Mexico?

A. That is correct.

Q. The following year in 2008, January, Carnival Dream,

western Caribbean seven-day cruise. Right?

A. That is correct.

Q. Then the following January, Carnival Fascination, Caribbean

for seven days?

A. That is correct.

Q. We don't have the subject cruise listed here, but that

would be next in line. Right?

A. That is correct.

Q. October of 2019. Correct?

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A. Correct.

Q. Then we have a cruise in February of 2020 after the

accident but before the surgery. Right?

A. That is correct.

Q. Now, ma'am, with an average of going twice a year, you

haven't been able to remember all the cruises here when you

answered these interrogatories. Correct?

A. That is correct.

Q. So, in other words, this was based on your memory but we

know from your testimony here today, you have actually been on

more cruises in this interval than are listed in the

interrogatory answers. Correct?

A. In this interval?

Q. Yes, ma'am.

A. I don't -- I don't believe so.

Q. I thought you told me a few minutes ago that you were going

on two cruises a year after 2015?

A. We generally do, yes.

Q. Right, but here we see a year between, for example, in the

interim between the 2017 and 2018, that's a full year, you

don't have a fall cruise in there, and the same thing with 2018

and 2019, you don't have the fall cruise in there?

A. I could have not remembered it.

Q. Yes, ma'am. That's fine.

I am simply saying, if you are going on two cruises a year,

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we don't have all the cruises here necessarily?

A. It's a possibility.

Q. Yes, ma'am. But what we can say is that in the three years

before the cruise on the Carnival Epic, which was in October

of 2019, so if we start with the second cruise, which would

have been October of '17 and count forward, the Epic would have

been the sixth cruise in three years. Right?

A. Correct.

Q. So that would be averaging a cruise about every four

months. Right?

A. I am not following what you are saying.

Q. You have been in six cruises -- I'm sorry, it's actually

less than that. I made a mistake. It's two years, six cruises

in 24 months?

A. Our general schedule is October and February.

Q. Yes, ma'am. But just looking at what we are, what we have

up on the screen, if you just look at October of 2017 -- right?

A. Yes.

Q. And then we go to October of 2019, that cruise isn't on

here. That's the Epic. That's the period November '17 to

November '19 is a period of two years almost exactly,

24 months. Are you with me?

A. No, not at all. I understand that you are saying that I

was on the Pride of America in '17, October of '17 and I was on

the Epic in 2019 --

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Q. Right.

A. -- in October.

Q. Let's just count together the cruises in between the Pride

of America. Pride of America is one; Pearl in '18 is two;

Glory is three; Dream is four; Fascination is five; and then

the Epic is six. Right?

A. Right.

Q. So you have been on six cruises within that interval, that

24-month interval?

A. That is correct.

Q. So when we do the math, it's about a cruise every four

months?

A. I am not following you a little bit. So, 10 of '17 I was

on the Pride. January of '17 I was on the Glory. That is two

cruises that year.

Q. Okay.

A. November of '18 I was on the Pearl. January of '18 I was

on the Dream.

Q. Right.

A. That was two cruises that year.

Q. Yes.

A. '19, in October, I was on the Epic. In January I was on

the Fascination. That's two cruises that year. So that's a

three-year period and six cruises, which is two cruises a year.

Q. Okay. Certainly, in these cruises you have been in life

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boats before. Correct?

A. No. No. The times that I tendered it was an outside

company. Norwegian Epic was the first time that I was on a

cruise company's life boat.

Q. Are you sure about that, ma'am?

A. Yes.

Q. Let me show you some records that we have to maybe refresh

your recollection on that, please.

MR. HICKEY: Judge, I have a feeling these are not

exhibits and have not been disclosed to us, so if that's the

case, I object.

MR. MCALPIN: It's for impeachment purposes, Your

Honor, or to refresh her recollection.

THE COURT: Well, let's see what they are.

MR. MCALPIN: Yes, sir.

Can we zoom out?

BY MR. MCALPIN:

Q. Here we have -- you see your name there, Ms. Ruggeri?

A. Yes.

Q. And you see the date here that I am pointing to?

A. I can't see the date. There is a glare.

Q. How about now?

A. Okay.

Q. Can you call out the date, because I want to know and I

can't see it, please.

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Yes, it says sail date 10/14/2017. Do you see that,

Ms. Ruggeri?

A. Yes.

Q. Do you see where we have the ship, Pride of America?

A. Yes.

Q. This would be you and your husband going on the Pride of

America in October of 2017. Correct?

A. Correct.

THE COURT: Sorry, Counsel. Does this have an exhibit

number?

MR. MCALPIN: It does not, Your Honor.

THE COURT: What is it?

MR. MCALPIN: This is the booking for that cruise.

This is to refresh her recollection or impeach because she says

she has never been on a tender before, a ship's tender before.

MR. HICKEY: So refresh recollection is where you do it

with the witness's own document that the witness created so

it's not refreshing. This is a company document, not her

document, so that's not the basis.

And then the impeachment, again, has to be something

she wrote or ascribed to. That said, I think what he is

getting at is she must have tendered on that cruise and if

that's the case, I have no objection.

THE COURT: Well, to refresh a person's recollection

you can refresh a person's recollection with anything. It

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doesn't have to be something that that person created, and the

same with impeachment. I just want to know what you're

showing.

MR. MCALPIN: I can tell you exactly where we are

going.

The next pages have the itineraries, which Kona, on

this cruise, is a tender port. It's highlighted there. It

will be one of the stops on this, and the next would be

Ms. Ruggeri's account, her seat, what's called a seapass card,

her little card that she swipes when she goes on and off. And

then the final page is the on/off for Kona indicating that

Ms. Ruggeri was on a tender in Kona, Hawaii in 2017, and there

will be testimony -- just to put it all together, I will

proffer --

THE COURT: Counsel, at this point it's not for me. I

mean, you can ask the witness whatever questions you want to

ask her.

MR. MCALPIN: Yes, sir.

THE COURT: Again, I just want to know what you were

showing.

THE WITNESS: That was my husband's activity.

BY MR. MCALPIN:

Q. Your husband's active is up here. Your activity is down

here?

There are two sections.

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A. Oh, okay, I didn't see that.

Q. Yes, ma'am, there are two sets of activities there.

Do you see that?

A. I see it now, yes.

Q. So, do you now recollect going on board the Pride of

America's tender in Kona, Hawaii, back in October of 2017?

A. I don't recollect that at all. I am not saying that it

didn't happen because it's here, but I don't recollect it at

all.

Q. This is contrary to your sworn testimony just a few seconds

ago, isn't it?

A. It is.

Q. Then the next one, do you recall the Panama cruise we were

talking about?

A. I do.

Q. And, again, same thing. We have the Pearl, Norwegian

Pearl, and I will move this away from the glare. You see

11/25/18.

A. I do.

Q. This would be the November 2018 trip, which you call the

Panama Canal, and that's your husband and your name there.

Right?

A. That is correct.

Q. Again, if we go to the second page, we see that

Georgetown -- do you remember going to the Cayman Islands?

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A. I do, several times.

Q. And you see that's a tender port. Correct?

A. Correct.

Q. And you remember -- do you remember that Georgetown is a

tender port?

A. I do remember that. I've been to Georgetown several times.

Q. You have been to the Cayman Islands a bunch, and you know

every time a ship goes to Georgetown, it's a tender port?

A. I know that, yes.

Q. Because there are no docks in Grand Cayman. All the ships

tender; don't they?

A. That is correct.

Q. We see, again, your seapass card.

Correct?

A. That is correct.

Q. And then we see your activity, gangway activity. Again,

your name is circled, and we see that you used the tender on

November 27th, 2018, at Georgetown, Cayman Island.

Correct?

A. That is correct. I don't remember saying that I didn't

tender. I did tender. I don't remember it being lifeboat.

The only one I remember being lifeboat is on the Epic.

Q. So there is a difference between you don't remember and it

didn't happen.

Are you saying you were never on a Norwegian Cruise Line

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lifeboat, its own boat that was being used as a tender or are

you saying I just don't remember?

A. I am saying that I do not remember being on a Norwegian

lifeboat to tender until the Epic of 2019.

Q. And that's a little bit different than what you said a

little bit earlier where you said a few minutes ago, I was

never on a Norwegian Cruise Line tender?

A. No, I said I was never on a Norwegian Cruise Line lifeboat

until 2019. I don't remember those being Norwegian lifeboats.

I remember private companies.

Q. Is that still your testimony that those were private

company lifeboats or tenders?

A. I don't remember them being Norwegian lifeboats.

Q. Could they have been?

A. It's possible.

MR. MCALPIN: Let's look at Exhibit 50, if we can,

please.

MR. HICKEY: Those two documents, can we mark them for

identification, those two documents that he showed the witness

so that I could use them?

THE COURT: Sure.

MR. MCALPIN: It would be 307 and 308.

BY MR. MCALPIN:

Q. Okay. Ms. Ruggeri, I am showing you what's been marked

into evidence as Joint Exhibit 50.001.

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Do you see that?

A. I do.

Q. Do you recognize this as your guest copy of the cruise

reservation confirmation?

A. I do.

Q. And you have seen this -- documents like this many times

before, once you book a cruise. Right?

A. Yes.

Q. You are familiar with the procedure, are you not, the

booking procedure?

A. Yes, I understand how to book a cruise.

Q. Did you book this cruise online or through an agent?

A. Online.

Q. Did it directly online yourself?

A. I believe so.

Q. Is that the way you normally do it?

A. No.

Q. How do you normally do it?

A. I flip-flop.

Q. Between?

A. Between an agent and online myself.

Q. In this instance, you think you booked online?

A. I believe I did.

Q. You recall that once you book online then within a certain

amount of time you get a copy of this guest copy confirmation

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document. Correct?

A. Yes.

Q. You see your name there in the column entitled guest or the

section entitled guest?

A. Yes.

Q. And it has your name and your husband's name and then your

age, 62?

A. Correct.

Q. Was that accurate?

A. Yes.

Q. Then the document that you get online is actually a

multipage document, isn't it?

A. It is.

Q. If we turn to the second page, please, we see several

things here, one of which at the bottom is we see the ship's

itinerary on Exhibit 50.002. Correct?

A. Correct.

Q. Then just above that we see another section called terms

and conditions. Do you see that?

A. Yes.

Q. Go ahead and highlight that if we can.

That section says, please refer to the applicable Norwegian

Cruise Line brochure, and then there is a link there to NCL.com

for additional terms and conditions that apply to your booking,

"including the legally binding guest ticket," and that last

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phrase, "including the legally binding guess ticket," is in

bold font. Is it not?

A. Yes.

Q. Here, you know that there is a link where you can go to

Norwegian's website and specifically to the terms and

conditions by simply clicking on that document.

Correct?

A. Well, I know that now because I am looking at it, yes.

Q. Yes, ma'am. And you got this document when you got your

booking confirmation. That's what this is?

A. I did, yes.

Q. So you had the opportunity to click on that link and access

the legally binding guest ticket contract. Isn't that true?

A. If I had read it, yes.

Q. Well, you just didn't bother to read it. Correct?

A. I made sure the money was right. I looked at the ports.

Q. Yes, ma'am. So you looked at the second page?

A. I looked at the bottom of the second page, yes, ports.

Q. You had the opportunity to click on that link and access

the terms and conditions, isn't that true, if you had wanted

to?

A. Yes.

Q. But you didn't do that. Correct?

A. No.

Q. Then you know that after you get the ticket confirmation

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you have to complete some additional steps in order -- before

you actually go on board the ship.

Isn't that true?

A. That is correct.

Q. You have to fill out some customs and immigration

information. Correct?

A. Correct.

Q. You have to provide information about a credit card so you

can open up an account?

A. Correct.

Q. You have to provide information about your home address and

some other documents in order to register for the cruise?

A. That is correct.

Q. One of the other things you have to do is click a button

that says terms and conditions you agree to before you can

actually access and complete the check-in process.

Isn't that true?

A. That is correct.

Q. So you had to click on that button to complete the check-in

process?

A. That is correct.

Q. And the button says, "I accept the terms and conditions of

the cruise contract." Correct?

A. Correct.

Q. And you did that in this case. Correct?

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A. I did.

Q. And you told us that. When you were asked on direct

whether you read the terms and conditions, you said no.

Correct?

A. That is correct.

Q. You didn't read any of it?

A. No, I didn't.

Q. You didn't read the top part where it directs your

attention to certain specific provisions in the contract but

also says that this contract contains binding legal language.

Right?

You didn't read that box, did you?

A. No, I did not, not before or during.

Q. But you had the opportunity to do so if you had chosen to.

Correct?

A. That's correct.

Q. Now, we know that this trip was a roundtrip starting in the

port of Civitavecchia. That's a long word, Civitavecchia,

starting there and ending there. Correct?

A. Correct.

Q. We know it stopped at five intermediate ports.

Right?

A. Correct.

Q. All which are not within the United States.

Correct?

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A. That is correct.

Q. So, this cruise did not stop -- did not stop or finish in

the United States. Right?

A. That is correct.

Q. Or touch any ports in the United States. Correct?

A. That is correct.

Q. So it's a purely international cruise. Isn't that true?

A. That is correct.

Q. I don't want to know anything about your conversations or

with your attorney but when -- did you give your terms and

conditions, the packet, the information, did you provide that

to your attorney, the terms and conditions, all the documents

you got for this cruise?

A. What I had I am sure that I did.

Q. Thank you.

Now, let's change gears a little bit and go to the cruise

if we can.

A. Fine.

Q. Yes, ma'am. We know you got on the ship on October 23rd,

2019. Right?

A. That is correct.

Q. When you got on board, you got on board about midday.

Right?

A. I do not remember what time I boarded one particular ship.

Q. Okay. Let's go ahead and pull up the embarkation log. I

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think it's Exhibit 2.

Let's go to the next page. Here we go, stop there.

So, we are looking at -- for the record, tell us what we

are looking at here, Joint Exhibit 2.001.

You agree this is the gangway activity card for you on that

cruise, Ms. Ruggeri?

A. Yes.

Q. So it looks like you got on board the ship on the 23rd of

October at 12:54 p.m. Do you see that?

A. Yes.

Q. Does that sound about right to you?

A. I imagine. I mean, it says it there. Again, I go on two

cruises a year. I can't say to you on this cruise I boarded at

this time. That is what it says.

Q. Do you dispute that?

A. That is most likely true.

Q. You don't dispute it, though?

A. No.

Q. What you did is you went to lunch and you went up on the

top deck and you smoked when you went on board. Right?

A. I have no idea.

Q. Isn't that what you said on your deposition when you were

asked that question?

A. That is usually what I do.

Q. Again, Ms. Ruggeri, do you dispute that you went on the top

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deck and had lunch and smoked?

A. I am not disputing that, no. I said that is what I usually

do.

Q. That's what you said in your sworn testimony. Isn't that

true?

A. Yes.

Q. So you were smoking at the time of this cruise. Right?

A. Oh, that is correct.

Q. Then the next day the ship was in Livorno, and that's

Italy. Correct?

A. Yes.

Q. And you went ashore in that port. Correct?

A. That is correct.

Q. We see, again, the next day you got off at 10:27 a.m. and

you got back at 10:56 a.m., so it was a short visit to Livorno?

A. That is correct.

Q. Do you remember that port?

A. No.

Q. So you didn't go on a shore excursion on that one?

A. No, I bought T-shirts.

Q. Okay. Bought T-shirts.

Then we come to the 20 -- in your normal routine on these

cruises after dinner, you would have dinner in the restaurant.

Right, the sit-down restaurant?

A. Correct.

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Q. Then you would go to the casino maybe before dinner or

after dinner with your husband. Right?

A. After dinner, yes.

Q. And then perhaps you would go to one of the shows?

A. Correct.

Q. That's kind of the routine you followed throughout this

cruise. Isn't that true?

A. Correct.

Q. Even after the event on the tender. Correct?

A. Correct.

Q. You kept the same routine?

A. Yes, sir.

Q. We know on the 25th, just keeping along with the same

exhibit, that on the 25th you went ashore at 9:52. You came

back at 12:02. Right?

A. Correct.

Q. You had lunch on board, did you?

A. I don't remember.

Q. Why did you come back?

A. I don't remember. I mean, I would imagine we had bags to

bring back to the ship.

Q. Okay. You said, "I imagine." I am wanting to make a

distinction about what you imagined and what you actually

remember, Ms. Ruggeri.

A. When I went into port I bought T-shirts for my

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grandchildren.

Q. Fine.

My question was a little different than that. Why did you

come back to the ship after you bought the T-shirts?

A. To put the bags in the cabin.

Q. Is that what you are recalling now, the reason?

A. That's the reason, yes.

Q. Okay. Did you have lunch while you were on board?

A. I don't remember.

Q. All right. Do you remember going back off of the ship?

A. I do.

Q. What was the purpose of leaving the ship again the second

time?

A. We were taking an excursion.

Q. You had booked an excursion there. Right?

A. That is correct.

Q. And then you clocked back on the ship at 6:07 in the

afternoon on the 25th. Correct?

A. That is correct.

Q. So it's correct to say that at the time of the event that

we are going to be talking about, you had been on board a

Norwegian Cruise Line's tender to and from Cannes four times.

Correct?

A. That day, yes. By the end of the day it was four times.

Q. Yes, ma'am. And you recall that on each of those transits,

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those trips, as I will call them, the crew members played a

video, sorry, an audio tape?

A. Oh, no, I can't say that they did each time.

Q. Okay. Do you dispute that they did?

A. I am not saying that they didn't do it each time. I am not

saying that I don't remember if they did or not.

Q. Okay. I think you maybe misspoke.

You say you are not saying that they didn't. Let me ask

the question again.

You are not disputing that an audiotape was played every

time you got on the tender. What you're saying, if I am

understanding you correctly, is you simply don't recall?

A. I do not recall.

Q. Thank you.

What I'd like to do is quickly put up the video for the

initial disembarkation and then the embarkation that morning.

MR. STREET: For the record, we are going to start with

29-02.

BY MR. MCALPIN:

Q. Exhibit 29-02, for the record, Joint Exhibit.

Now we are looking at the disembarkation in the morning.

Tell us when you see yourself, ma'am.

A. I can't make anything out in this video.

Q. Back it up a little bit, Matthew.

Is that you, Ms. Ruggeri?

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A. I can't make it out on the screen.

Q. So you can't tell if that's you?

A. Okay. Yes, that's me in the white jacket.

Q. Yes, ma'am.

Then that is your husband?

A. That is correct.

Q. Okay. Back it up a little bit more. What's that around

your waist?

A. That is a fanny pack.

Q. That's something you normally wore --

A. Yes.

Q. -- when you are ashore, this fanny pack that a lot of men

and women are using these days?

A. I wear it all the time, yes.

Q. And your hand is right next to that fanny pack, your right

arm there --

A. That is correct.

Q. -- is right next to it. And then this is in the morning

leaving.

Go ahead and play it all, please.

Okay. Let's go ahead and move on to the embarkation.

For the record we are showing 29-05 now. Is this you,

Ms. Ruggeri, coming back to the ship?

A. It is.

Q. At 11:59.

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Is that your husband?

A. That is.

Q. Stop it there. Back it up a little bit. Go ahead and back

it up a little. Stop it there, please.

Is that you again with your hands in front of your body?

A. Yes.

MR. MCALPIN: Okay. Go ahead and play it, please. Do

you have a different view of that, different angle of that.

MR. STREET: We do.

BY MR. MCALPIN:

Q. We are going to play a different angle of the same time

frame. 29-06 is embarking from a different angle.

Is that you, Ms. Ruggeri?

A. It is.

Q. Is that the T-shirt bag?

A. It is.

Q. That's your husband in back of you getting back on board

the ship at 11:59?

A. Yes.

Q. Thank you.

Go ahead and play it and finish it out.

Now we are going to skip ahead to the afternoon when you're

leaving the ship, disembarking at 1:24.

For the record that's Exhibit 29-07, Joint Exhibit.

Stop there.

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Was that you that just walked past -- right there, is that

you?

A. Yes.

Q. With your right arm in front of your body by your fanny

pack. Correct?

A. That is correct.

Q. Okay. Let's go ahead and play it.

Your husband is behind you?

A. That is correct.

Q. Finally, let's go to the embarkation later that day. For

the record, this is joint Exhibit 29-09. Back it up and start

it again.

Just to put it in context, ma'am, this would have been

after the event you described earlier today on board the

Norwegian Epic tender. Right?

A. Correct.

Q. This would be after there was screaming and yelling and

chaos and pandemonium on the tender. Correct?

A. That is correct.

Q. That's you coming through the gate and all these -- stop it

there, please.

All these men with the shoulder boards, the epaulets and

these white outfits, those are crew members. Right?

A. Yes.

Q. I am counting one, two, three, four, five crew members in

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your immediate vicinity. Is that right?

A. That is correct.

Q. And you could have told any of those men or women about

what had just occurred on the tender. Right?

A. I could have but the people in the tender knew. The two

people on the tender knew.

Q. You could have told any of those five people that we can

see right in that photograph, that CCTV, that you just had a

problem on the tender and you had hurt your arm but you chose

not to do that. Isn't that true?

A. That is correct.

Q. And your husband there -- stop it, please.

Your husband there is that tall gentleman kind of on the

upper right-hand side of the screen?

A. That's him, yes.

Q. As far as you know, your husband didn't tell anybody either

about the pandemonium and chaos and injury that had just

occurred. Isn't that true?

A. That is correct.

Q. Go ahead and play that through.

All of these people coming in behind you, they were on that

same tender that you had been on just moments before. Isn't

that right?

A. Not all the crew members, no.

Q. No, ma'am, as we see the people streaming through after

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you. Those are people that were on the same tender. Right?

A. That is correct.

Q. Because only one tender docks at a time. Right?

A. That is correct.

Q. So that big crowd that's coming, those were your fellow

guests on that boat?

A. There were other vacationers on that tender, yes.

Q. They had experienced the same thing that you experienced,

the yelling, the screaming and the pandemonium from this

violent crash. Right?

A. Yes.

Q. Do you know if any of them reported it?

A. I have no idea.

Q. Is that you coming through there? Stop it.

Back up a little bit. Right there, stop it. Right there.

Was that you there?

Go ahead and put the cursor on it.

A. I believe so.

Q. Okay. Go ahead and play it through.

Have we shown both views now?

MR. STREET: Yes, we have a longer version if you want

to play it.

MR. MCALPIN: How long is it?

MR. STREET: A minute.

MR. MCALPIN: Let's go ahead and play the one-minute

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version of it, of that embarkation.

BY MR. MCALPIN:

Q. It's Exhibit 29-09. Just let us know when you see

yourself. These are all guests from the tender that you had

been on. Right, ma'am?

A. Yes.

Q. Just let us know when you see yourself.

Is that you right there? Stop it there?

A. Yes, that's me.

Q. And you got both hands holding on to your fanny pack.

Correct?

A. Yes, I do.

Q. Go ahead and play it. Finish it out.

Now, you know from your prior cruising and from your own

common sense that it's appropriate for you to be seated while

you are on a moving boat like a small tender boat. Right?

A. That is correct.

Q. I mean, that's something that nobody had to warn you about.

Right?

A. That is correct.

Q. And you know from your own experience and common sense that

you should hold on while you are on a moving tender boat.

Isn't that right?

A. Yes, if there was something to hold onto, I would have.

Q. Yes, ma'am, but nobody has to warn you to hold on because

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that's something you already know?

A. Under normal circumstances, yes, it is something that I

already know, and I was sitting down.

Q. And were you holding on?

A. There was nothing to hold on to.

Q. There was nothing to hold on to.

So, what does that mean? That means that even if somebody

had told you to hold on you couldn't have done it because there

is nothing to hold on to. Right?

A. Not exactly, no. If somebody told me to hold on because

there was going to be an issue, I would have grabbed a bench on

either side of my legs and prepared myself both physically and

mentally for what was going to happen, had I known.

Q. Okay. So you say -- was that a handhold or not?

A. It was not a handhold. It was the edge of the bench.

Q. And you did, before you got on the tender, understand that

you would be tendering in the port of Cannes, France. Right?

You knew that?

A. I did.

Q. You knew it when you booked the cruise. Right?

A. It's possible.

Q. You certainly knew it once you got on the ship?

A. That is correct.

Q. And you knew when you got on the ship, in particular the

Norwegian Epic, that there is going to be safety videos playing

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in your cabin when you first get into the cabin. Correct?

A. That is correct.

Q. That's what happens on Carnival; that's what happens on

Norwegian; that's what happens on other cruise lines.

A. That's correct.

Q. By the way, have you been on other cruises besides

Norwegian and Carnival?

A. Holland America.

Q. How many times on Holland?

A. Once.

Q. When was that?

A. February of actually this year.

Q. February of 2023. We will get to that in a minute.

A. That's correct.

Q. Whether it's Carnival, whether it's Norwegian, whether it's

Holland America, when you first go into your cabin, you have a

television in there. Right?

A. That is correct.

Q. And always it's tuned to the channel which is playing the

safety video. Correct?

A. Correct.

Q. That's what happened on the Norwegian Epic in October

of 2019. Right?

A. Correct.

Q. And you watch those videos. Right?

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A. Correct.

Q. And one of the videos was the longer video which introduced

the concept of a second video, which would be specific to

tender. Isn't that right?

A. That is correct.

Q. So you saw the long video, and then you understood that

there would be a second video that would specifically cover

tendering operations. Right?

A. That is correct.

Q. And you know that the second video, the one that

specifically is geared toward tendering began to play in your

cabin the day before the ship arrived in Cannes. Right?

A. Correct.

Q. And you saw that video in your cabin?

A. Correct.

Q. And you know that video continued to play throughout the

day when the ship was actually at the tender port at anchor in

Cannes. Right?

A. I know that now, yes.

Q. Don't you remember going back to your cabin during that

interval and seeing the safety video, the tender safety video?

A. No.

Q. How about in the morning before you left; do you remember

seeing the safety video that morning?

A. No.

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Q. But it was playing that -- you don't deny that it was

playing continuously while the ship was in Cannes?

A. I am not going to deny that, no.

Q. You just don't remember?

A. I just didn't see it the day of.

Q. But you did see it the day before?

A. Correct.

Q. You watched it. Right?

A. Correct.

Q. You understood it. Right?

A. Correct.

Q. There was nothing exotic or crazy about it. Right?

A. Well, yeah, it really didn't mention when the tender boat

crashes into the dock what I should do.

Q. Once you got on these tender boats, any of the ones that

day, there were two crew members on the boat, a driver and a

deck hand. Correct?

A. Right.

Q. That is something which is normal based on your experience

with other Norwegian cruises and other cruises from other

cruise lines. Correct?

A. Correct.

Q. You really don't pay attention to who was driving the

tender. Right?

You didn't look at them, talk to them or interact with

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those men, did you?

A. No, I did not. I don't interact a whole lot on vacations.

Q. You want to do your thing and enjoy your time?

A. That is correct. I talk every day, all day every day.

Q. Because you are a salesperson?

A. That is correct, a salesperson and a teacher, yes.

Q. But you didn't have any interaction with any of the tender

boat operators or the deckhands on any of those four boats that

you were on that day on November 25th, 2019. Right?

A. Not interaction. The person that wants to help you on I

say thank you. That's my interaction.

Q. So you don't really know who was driving the tenders

earlier that day, do you?

A. No, not in the morning.

Q. Sorry?

A. No, not in the morning. I didn't pay attention.

Q. So you have no idea if Jomar Buerano had driven the tender

on any of the three trips prior to the event, on the tender

before you?

A. You don't have to have interaction to recognize somebody.

Q. Okay.

A. I didn't have interaction with Jomar either.

Q. Okay. So, how do you know he was the driver on one or all

of those prior trips?

A. How do I know?

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Q. Yes.

A. Because you see different faces.

Q. And?

A. And they were different.

Q. Okay. So the operators on the three trips before were

different than Jomar's face?

A. Correct.

Q. So Jomar was not the operator on those three prior trips.

Correct?

A. Not to my knowledge, correct.

Q. Okay. Now, let's put up a picture, please, of -- let's put

up Exhibit 31.013, please. I'm sorry, I misspoke, 013.

MR. HICKEY: 31.013.

MR. MCALPIN: Yes.

BY MR. MCALPIN:

Q. So, we are looking at Joint Exhibit 31.013. You have seen

this photograph before, Ms. Ruggeri?

A. I have.

Q. Did I understand your testimony correctly to indicate that

the seats shown in this photograph, 31.013, are not like the

seat you were sitting in at the time of the event?

A. That is correct.

Q. Are you sure about that?

A. I am absolutely certain.

Q. What in your mind makes you say that? Why are you so

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certain about that?

A. Because I know what I was sitting on.

Q. What did you have for breakfast that morning?

A. What did I have for breakfast that morning?

Q. Yes, ma'am.

A. I don't remember.

Q. And you don't remember what you had for breakfast but you

remember there were no seat backs?

A. Yes, I do.

Q. And the -- what I am going to call the perimeter seat, this

area here, was that the same as the tender you were on?

A. No.

Q. How is it different?

A. They were benches.

Q. Okay. Describe that for me, benches all along?

A. There were benches on the side, yes, perpendicular to the

bench. They were like picnic benches.

Q. This area here I would call a bench. Why is that not the

same as what you are describing?

A. Because the bench that I am describing is like a picnic

bench. It has an underneath. This is solid underneath.

THE COURT: I'm sorry, this is solid what?

THE WITNESS: It is solid underneath. There is a board

there or enclosed, whereas where I was on was not enclosed.

BY MR. MCALPIN:

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Q. Well, this is enclosed, this area here.

You are saying the seat that was adjacent to where you were

sitting was like an open storage area?

A. No, I'm not saying that it was a storage area. It was just

opened. There was no cover.

Q. When you say "cover," go ahead and point to what you are

talking about because it's a touch screen.

A. This right here.

Q. Was a "cover," what do you mean cover?

A. You can't see inside of it.

Q. We can't see inside of it here?

A. I know that, you could not see inside of it anywhere.

There was no cover. It was a flat bench like the top of

this table.

Q. It was open underneath, is that what you are telling me?

A. Correct.

Q. Okay. That's what -- so there was -- this area just simply

didn't exist?

A. That's correct.

Q. It was just an open area in a flat bench across the top?

A. Correct.

Q. All right. Other than that, was the perimeter seating that

I just drew a line around, the same on this photograph as it

was on the tender you were on?

A. I do not know what was on back there. I know what was on

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my right.

Q. I am not sure I understood your answer, ma'am.

A. You are asking me if this whole thing was the same. I

didn't turn around. I know what this was.

Q. I asked you is this bench -- did the tender you were on

have seating, I'm calling it perimeter seating, around the

perimeter of the boat, in the area where you were seating

sitting like shown in Exhibit 31.03?

A. If you are speaking of the orange cushion, no, it did not.

Q. It didn't have an orange cushion?

A. No, it did not.

Q. Did it have any cushion or padding?

A. No.

Q. What about the seat you were sitting on, did it have

cushions?

A. No.

Q. Put up Exhibit 71.002, please.

Now, we're looking a Exhibit 71.002. Go ahead and show us

the marking, please. Go down to the picture.

Now, looking at this, I guess by your testimony this is

also not seating like the seating that you were sitting on at

the time of the event. Correct?

A. That is correct.

Q. Because it didn't have this back part that I've just

circled. Correct?

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A. That is correct.

Q. Because it didn't have this back part?

A. It didn't have the bottom cushion. It was a long bench in

the center. It was not on a side. It was a long bench in the

center.

Q. In the center of the boat?

A. In the center of the front. I wasn't that close. It was a

little over further.

Q. You got to tell me which direction, Ms. Ruggeri.

THE COURT: Can you mark it on the screen?

BY MR. MCALPIN:

Q. Go ahead and mark it.

A. It was actually in the middle of the tender. It was just a

long bench, and there was a long bench in the back of it, and

it was white, painted white.

Q. With no cushion?

A. With no cushion.

Q. I am still trying to figure out the position. Was it in

back of the -- this is the operator's seat. Do you see that?

A. My back was to the operator and there was a bench in

between us.

Q. You and the operator were back to back?

A. That's correct.

Q. Follow my question. On this exhibit you see the operator's

seat is on a little raised platform?

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A. I see that, yes.

Q. Was that the same on the tender you were on?

A. He had a seat, yes.

Q. Well, follow my question. Was it a raised seat?

A. Yes.

Q. Okay. Were you sitting to that person's side or directly

in back of that person, the operator's seat?

A. I was sitting directly behind him.

Q. Okay. So, using this one as a reference, your seat would

have been in this area. Right?

A. Not quite that far over.

Q. Which direction should I go?

A. To the left a little bit.

So, I was about here so that my husband could be in the

middle because he has long legs.

Q. Your husband was to your left. Right?

A. That is correct.

Q. All right. So, if we are looking at this, was there

this -- you said there still had this perimeter seating. I

understand your testimony didn't have a cushion on it.

A. Correct.

Q. But that perimeter seating was still there?

A. Correct.

Q. Is that what you've been describing as the seat

perpendicular to you?

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A. That is correct.

Q. And using this photograph as a reference, you would be

closer to the side of the boat and he would be closer to the

center of the boat. Right? Is that right?

A. Correct.

Q. And he was directly next to you. Right?

A. There was a space between us.

Q. So your left shoulder would be near his right shoulder.

Right?

A. Yes.

Q. And your right side would be closest or close to the side

of the tender. Right?

A. Correct.

Q. And were there any people in these perimeter seats where

I'm --

A. No, absolutely not.

Q. -- putting the X on? No?

A. No.

Q. So, if you were looking to your immediate right, you would

see nothing, except the bench?

A. Correct.

Q. And you told us that your tender boat was full or nearly

full?

A. That's correct.

Q. Were you one of the first people on or last people on?

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A. We were one of the last people on.

Q. So even though you were last, the front seats weren't full

and you walked towards the front?

A. I did. My husband has long legs and needs leg room.

Q. Was there anybody else on the bench?

A. No, just me and my husband.

Q. You see there is a space and there is a seat facing

forward?

A. This is not the setup that I was on.

Q. That's why I want to ask you the questions, ma'am. Just

bear with me.

A. Okay.

Q. Was there forward-facing seats in front of you or not?

A. There were forward-facing seats in front of me, yes.

Q. As shown in this exhibit. Correct?

A. Correct.

Q. What you are saying is they just didn't have the back?

A. Oh, those seats had a back.

Q. Oh, okay.

Let me clarify. Some seats had backs and some seats

didn't?

A. No, that's not what I said.

Q. Tell me, ma'am.

A. The two benches in the front and the ones perpendicular did

not have backs. All the other seats were facing the front,

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they had backs.

Q. All right. How about this seat over here, was there a seat

over there on the tender you were on?

A. There was not a seat there, no, there was a bench across

the middle.

Q. All the way across the middle continuously?

A. It didn't go end to end. It was indented a bit on either

side.

Q. You mean along the side of the ship?

A. Correct.

Q. Was there an opening there to walk?

A. No.

Q. Okay. So, what you're saying is there was a seat that

spanned across the midship, the middle?

A. I didn't say a seat. I said a bench, as though it were a

picnic bench.

Q. A bench across the center of the boat that did not extend

to the ends.

A. That is correct.

Q. So you could walk around the perimeter of your bench?

A. You could walk around the right side, not my side.

Q. You could walk around the right side. You mean the side

closest to the ship?

A. The side where my husband was. You can come around that

way. I don't believe you could have come around that way.

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That space was too small.

Q. Again, I'm not following you, Ms. Ruggeri. Show me where

there was a space and show me where there was no space.

A. You can come this way. The space was larger but this was a

small space.

Q. Okay. How much distance was there, if you know, between

that bench, the edge of the bench and the beginning of what I

am calling the perimeter seat, so this distance?

A. Maybe three feet.

Q. Three feet, 36 inches?

A. Possibly.

Q. Okay. Well, you're familiar with homes. 36 -- three feet,

three feet would be plenty of room to walk through?

A. It was tight.

Q. All right. So, three feet gap between the edge of the

bench and the perimeter seating on the, would be actually the

left side of the tender if you're facing forward?

A. Yes, if you're facing forward was what I missed, yes.

Q. Yes, ma'am. So there is a space to walk and there is also

a space to walk on the starboard side between the bench

seating. Right?

A. Correct.

Q. Now, just so I'm clear, were all the other seats, did they

have backs on them?

A. There was a bench behind us just like ours that did not

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have a back but, yes, the seats facing forward had backs on

them.

Q. You said there was a bench behind ours?

A. Did I say that, yes.

Q. Which direction is behind for you?

A. Behind.

Q. Okay. So there is another bench here?

A. Here. There is another bench back here.

Q. All right. So, we are talking about two benches behind the

driver?

A. Correct.

Q. So you are in the second bench behind the driver?

A. If you're counting from the driver going to the back, yes,

I'm in the second bench.

Q. That's what I'm doing. Just like we have here, let me put

a one and I will put a two, two benches?

A. Correct.

Q. And you are in the second bench?

A. Correct.

Q. You're in the side of the second bench closest to the port

side or left side wall of the ship, of the tender boat?

A. Right.

Q. And your husband is just right next to you?

A. Correct.

Q. And there is nobody else on that bench?

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A. No, there isn't.

Q. And there is nobody on the perimeter seating?

A. No, there isn't.

Q. Is there anybody in the seats in front of you?

A. Yes.

Q. How many people?

A. There were two people to a seat.

Q. So there would be two people here?

A. Correct.

Q. So if you, you know, wanted to, you know, look up, you'd be

staring them in the face?

A. That is correct.

Q. Did you ever talk to those people after this event?

A. I don't talk to people.

Q. Was the answer no?

A. The answer is no.

Q. Where there any people in the seat towards the front, the

seat towards the front of the boat, the one that was behind

you, as you called it?

A. The bench behind us, no.

Q. Yes, ma'am, that was empty.

Now, how tall are you, ma'am?

A. I'm 4'11.

Q. If we put up the Exhibit 17.02.

What is the height of the seat depicted in Exhibit 71.02

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about the same as the height of the bench that you say you were

sitting on at the time of the event?

A. Was the height?

Q. Yeah, the height. I'm talking about this distance now, the

height from the floor, where you put your butt, the height from

the floor?

A. I understand. No, it was a little lower.

Q. So the bench seat you were sitting on was actually lower

than the seat depicted in this exhibit --

A. Correct.

Q. -- 71.02?

Were the sidewalls and the window configuration on the boat

you were on the same or similar to what is depicted in

Exhibit 71.002?

A. Can you repeat that, please?

Q. Sure, the sidewall, this area, and the window, was it the

same or similar to the configuration outlined in this exhibit,

71.002?

A. The side was, yes.

Q. And the window?

A. The window was higher, yes.

Q. So you couldn't see out the window?

A. No, I could not.

Q. So you couldn't see the sea. If you turn to your right to

look toward the ocean, you couldn't see the ocean while you

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were seated. Right?

A. That is correct.

Q. And these boats that you were on earlier that morning,

earlier that morning, was it the same layout?

A. No, we walked in the morning, and as you walk in the middle

of the tender, there was a seat right here and we sat in it,

because, again, there was an opening and my husband would have

leg room.

MR. MCALPIN: Can we put up a photo showing the entire

length of the tender, please?

BY MR. MCALPIN:

Q. Were you sitting towards the same seat of the driver, the

bench toward the driver?

A. In the morning, no.

Q. On any of the three prior trips?

A. No.

Q. Did any of the boats you were on earlier that day have the

same bench configuration you have been describing?

A. Not that I remember.

Q. Could you say it one way or the other?

A. I don't remember, so, no, because we were in the middle of

the tender.

Q. Now, what you say happened, as I understand it, is that the

boat crashed, to use your word, crashed into the docking

platform, and then after that started to roll side to side.

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Right?

A. Correct.

Q. And you put your right arm out to prevent yourself from

sliding and you put it up against a seat?

A. Correct.

Q. Joint Exhibit 21.001, this is looking toward the back, from

the front toward the back. What I'm asking you now, all these

seats have backs on them. Do you see that?

A. I do see that, yes.

Q. Did the other seats in the tender you were on at the time

of the event have backs on them like this?

A. They were higher. The backs were higher.

Q. So the answer is yes?

A. Yes.

Q. But the backs were higher?

A. Correct.

Q. But they all had backs?

A. Correct.

Q. Okay. So the two benches that you were on were the only

seats in the tender that you were on at the time of the event

that did not have backs. Is that what you are saying?

A. That is correct.

Q. Got it. Okay.

Go back to 71.002. So we were talking about the ship

crashing into the tender boat, crashing into the docking

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platform, everybody screaming and yelling. Right?

A. That is correct.

Q. Can you estimate how many people were screaming and

yelling.

A. I couldn't give you a number, no.

Q. Did you scream or yell?

A. I don't scream or yell, no.

Q. How about your husband?

A. I have no idea, but he is not usually a screamer or a

yeller, so if I had to answer that I would say no.

Q. He was inches next to you. Right?

A. He was next to me, yes.

Q. Was he awake?

A. Yes.

Q. When the boat started to rock, did it go side to side like

this?

My hand is the boat, did it go side to side?

A. Yes, it did.

Q. That's called rolling. I'm going to call that rolling.

Okay?

A. Okay.

Q. Did it go up and down?

A. After it hit?

Q. Yes, ma'am.

A. It went side to side.

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Q. That's what I'm going to call pitching, up and down

pitching; side to side, rolling. Okay?

A. I believe you.

Q. I want to get our communication right. That's why.

So, when the tender rolled side to side, as I understand

it, you started to slide to your right. Is that true?

A. I slid over, yes.

Q. And you put your arm out to stop?

A. Correct.

Q. To brace yourself.

A. Correct.

Q. And you put your arm out and you made contact with the seat

on the perimeter that you said had no cushion on top. Right?

A. Correct.

Q. And your arm would have been on the edge, the edge of the

seat right where it makes the turn from vertical to horizontal?

A. Correct.

Q. And that's when you jammed your arm as you used it?

A. Correct.

Q. So what injured you was the rolling, not the crash?

A. How can I answer that?

Q. Well, you didn't get injured when the ship made contact

with the docking platform. You got injured when it rolled and

you started to slide and you put your arm out to brace

yourself?

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A. Okay.

Q. Is that true?

A. Yes.

Q. So the actual impact didn't hurt you. Correct?

A. It happened extremely fast, but the rolling did, yes.

Q. Yes, ma'am. Did you see any damage to the inside of the

tender boat?

A. No.

Q. Did you see any damage to the tender boat when you exited?

A. No.

Q. Which side of the tender boat did you exit?

A. When you are facing the front?

Q. Yes, ma'am, always when you are facing the front.

A. We exited to the left onto the dock.

Q. Okay. Let me back up just a little bit. When you went

ashore in the afternoon, you were on a shore excursion.

Correct?

A. Correct.

Q. That you had paid for through the Norwegian Cruise Line?

A. Correct.

Q. About how many other people were with you?

A. Probably about 15, 10 to 15.

Q. Did you go on a big bus or some smaller vehicle?

A. I believe it was a van.

Q. A van. And you did the sightseeing tour?

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A. Yes, the highlights of Cannes, I believe it was.

Q. Let's put up Exhibit 1 -- for the record, we are looking at

-- let me see the number, please -- Exhibit 1.001.

Do you remember this document that's been marked into

evidence, Ms. Ruggeri?

A. Yes.

Q. This is your, for lack of a better word, your bill for the

cruise. Right?

A. Yes.

Q. They call it sign and sail or something like that. Right?

A. Yes.

Q. We see your charges and we see your credit here. Right?

A. Correct.

Q. On the 24th we see that you charged some money $240 from

the casino?

A. Correct.

Q. Then we see you charged something at the Waves bar for $9.

Right?

A. Correct.

Q. We see on the 25th, the day of the accident, we see the

shore excursions. Right?

Scenic gold and Corniche and St. Raphael; is that the

excursion you went on?

A. Correct.

Q. While we are on the page to save time, we see also shore

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excursions for Palma. Oh, that's actually the shuttle. You

took a shuttle into town, right, for $15 each?

Then we see a shore excursion, the View of Naples that you

and your husband took on the 27th.

Is that true?

A. I see that, yes.

Q. Did you take that excursion?

A. I don't remember, but I guess we did.

Q. You don't dispute that. Right?

A. I don't dispute that I paid for it. That's what I don't

dispute.

Q. Do you know if you went on it?

A. I do not remember.

Q. I think that's all the shore excursions we see. Did you go

on an excursion on the last port of call?

A. I don't believe so.

Q. Now, we see that Norwegian Cruise Line like many cruise

lines puts a service charge automatically on your bill every

day, right, $15 per passenger per day.

Do you see that?

A. Yes, I do.

Q. That's reflected there and it's called service charge.

That's the tip for the staff and the hotel and the

housekeepers. Right?

A. That is correct.

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Q. And you see that recurring charge, $15 per person per day

throughout the bill. Right?

A. Correct.

Q. And you guys actually told the front desk to remove those.

Right?

A. That is correct.

Q. Why do you do that?

A. Because I give people cash.

Q. I'm sorry?

A. Because I give people cash.

Q. Okay. Why do you do that?

A. Why do I do that?

Q. Yes, ma'am.

A. Because that's what I prefer to do. I prefer to tip the

people that have waited on me.

Q. Okay. Now, back to the excursion, the excursion was

running a little bit late. Right?

A. Correct.

Q. Were there other excursions, if you know, that were also

operating that afternoon?

A. I have no idea.

Q. Well, how many people were at the pier when your van

arrived?

A. There were several people at the pier. There was a line

that went on one of the tender boats and then was our tender

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boat.

Q. There had to be a lot of people because you told us there

were over 200 people on your tender boat alone?

A. I don't know that I said 200. I said about 100 in my

testimony, I would believe.

Q. Yeah, and you also said the boat was full or nearly full?

A. That's correct.

Q. And we know the boat held 230 people?

A. No, I didn't know the boat held 230 people until I came to

court.

Q. Yes, ma'am, but we know that now?

A. Correct.

Q. All right. So if the boat is full or nearly full, can we

assume it's more than a hundred people, more like 200 people?

A. Correct.

Q. When you said a hundred people, you were mistaken on your

deposition?

A. Not intentionally.

Q. I'm not suggesting it's intentionally. You were just

simply mistaken. People make mistakes.

A. There were a lot of people. I made an estimate, a

guesstimate, so to speak.

Q. Now we know that was probably wrong?

A. That was incorrect, yes.

Q. Yes, ma'am. Thank you.

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I'm not suggesting you made an intentionally false

statement in your deposition on that point.

Okay. You can take that down.

When you came back down to the pier -- let me back up.

When you realized the tour was running late, you knew that

the tour operator, the guide had called ahead to the ship to

let the ship know. Right?

A. Correct.

Q. And you knew that the information relayed back was that,

don't worry, we are waiting for you and other people. Right?

A. That is correct, and that's why I take cruise line

excursions.

Q. You anticipated my next question, ma'am. You know that if

you are on a cruise line excursion, one of the benefits is, if

you get held up, if you have a flat tire, if something happens

on a trip ashore, the ship is never going to leave you?

A. That's correct.

Q. They wait for you because that is their policy?

A. That is correct.

Q. So you don't have to worry about being left behind?

A. That is correct.

Q. So you weren't worried, nor was Norwegian worried about

leaving passengers behind. Correct?

A. I know that I wasn't worried. I don't know what

Norwegian's position was.

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Q. Okay. Fair enough.

When you were riding on the boat, there was really nothing

unusual about the boat trip. Right?

A. No, there wasn't.

Q. It was a normal boat trip just like you had done probably

dozens, if not hundreds, of times. Isn't that true?

A. That's true.

Q. All right. If you were approaching the boat, you don't

recall any weird movement, a sudden speed up or a sudden

slowdown, do you, ma'am?

A. I don't understand your question.

Q. Sure. When you are approaching the cruise ship --

A. Well, I don't know when we're approaching the cruise ship.

Remember, I'm the one that can't see out.

Q. Okay. So you don't recall prior to this violent rolling

any weird movement of the boat, any abrupt change of the speed?

A. Of the tender boat?

Q. Let me finish my question.

Let me start over -- when you're approaching -- well, prior

to the boat rolling, the tender boat rolling, you don't recall

any abrupt change in speed either upwards or downwards or

anything weird happening on the tender boat. Isn't that true?

A. No, that's not true.

Q. Wasn't that what you said in your deposition to

Ms. Fagenson?

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A. Say that again, please.

Q. Isn't that what you told Ms. Fagenson under oath? Let me

direct you to page 140.

You remember the lady who took your deposition,

Ms. Fagenson?

A. I do.

Q. On page 140 of that deposition, on line 3, question. I'm

going to read a question and an answer and ask if you recall

it. Okay?

A. Okay.

Q. "Question: Right before the incident happened on the

tender boat, did you have any warning that the tender was about

to collide with the ship, meaning like was the ship rocking,

did it seem to speed up or slow down, or do anything weird

right before the incident happened?"

"Answer: No."

Do you recall being asked that question and giving that

answer?

A. No, I don't recall being asked that question, I'm going to

be honest with you, but when somebody says to me, were you

given a warning, I'm assuming that they are saying did somebody

tell you to beware.

Q. No, ma'am.

The question is, "Did it seem to speed up or slow down or

do anything weird right before the incident happened," and you

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answered no. Correct?

MR. HICKEY: Counsel needs to read the entire question.

Objection. He is not doing it properly. He is leaving out the

first part of the question.

THE COURT: If it is a single question, if you will

read the full question.

BY MR. MCALPIN:

Q. Let me do it again. "Okay. Right before the incident

happened on the tender boat, did you have any warning that the

tender was about to collide with the ship, meaning, like, was

the ship rocking, did it seem to speed up or slow down, or do

anything weird right before the incident happened?"

"Answer: No."

Do you recall being asked that question and giving that

answer under oath back in February of 2021?

A. I do not recall the last part of that question.

Q. Okay. But now you are telling the Court something

different, that you did recollect the boat slowing down before

it began to rock?

A. The last part of that.

Q. Is that right, ma'am?

A. The last part of that question asks if I remember the boat

speeding up or slowing down. At that time I missed the last

part of that question and answered about a warning. So, no, I

am not saying that I lied over there, or lied over here.

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Q. So, what you are telling us is you just didn't understand

the question?

A. That is correct.

Q. How long did you practice giving that answer to the

question I just asked right now because you knew I was going to

ask you about this?

How long have you practiced that?

A. If you're going to ask me about that, I didn't practice

anything.

Q. Why didn't you say I don't understand your question,

Ms. Lawyer?

A. I have no idea. That was done in February of '21.

Q. So your testimony here is that you didn't understand that

question but you answered it with a single word anyway?

A. That is correct.

Q. Okay. And now you are telling the Court something

different than what is depicted in that question and answer.

Isn't that a fact, ma'am?

A. I am answering your question to me today.

Q. Right. The question here is answered differently than the

testimony you are giving here in court. True or false?

A. That is true.

Q. Thank you.

So you are changing your testimony. Isn't that true,

ma'am?

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A. No, not based on what I understood then and what I

understand now.

Q. You are changing the testimony based upon the transcript of

what was recorded then and what you are telling the Court today

under oath. Isn't that true, Ms. Ruggeri?

A. I am not changing my testimony.

Q. Well --

A. I misunderstood that question.

Q. Okay. I will move on, ma'am.

THE COURT: Counsel, are you transitioning to a

different area because we have a just a few minutes left and we

still need to talk about --

MR. MCALPIN: Oh, my goodness, now is a good time to

stop. I didn't realize.

THE COURT: Ma'am, you may step down for now.

THE WITNESS: Thank you.

THE COURT: I'm sorry, but I've got a hard time to

stop.

MR. MCALPIN: No problem. Time got away from me. I'm

not transitioning, but I can just make a pin in it and that's

fine, no problem.

THE COURT: So, have you both had an opportunity to

talk about when you can resume?

MR. HICKEY: Yes.

MR. MCALPIN: We have.

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MR. HICKEY: We talked yesterday about December 4th and

5th, and I think we talked this morning about that's okay with

us. I am going to move something around. We can do

December 4th and 5th.

MR. MCALPIN: We can as well.

Judge, in fairness, we probably need a day and a half.

THE COURT: For some reason, I can't open the calendar.

Okay. We can resume on Monday, December 4th, at 9:30.

On December 5th I have a preliminary injunction hearing

that morning and a case, but the afternoon is free, so if we

can wrap up in a day and a half we can take all day on the 4th

and the afternoon of the 5th.

MR. MCALPIN: Judge, I probably have with this witness,

I'm just thinking out loud, if it's okay, probably have another

hour with Ms. Ruggeri, and then there is supposed to be some

redirect.

Then it will be our side of the case, and we have an

hour deposition. I have probably two hours, two hours and a

half to two hours with Mr. Berman and then I probably have a

solid direct, and then I have a solid two hours with the

liability expert, Captain Harestad. I'm thinking out loud. It

may be more than a day and a half, sadly. I will certainly

shorten it up.

THE COURT: I thought you just told me you needed a day

and a half.

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MR. MCALPIN: I did say a day and a half. I did say a

day and a half. When we had the calendar call, I did say a day

and a half, and I just told you now a day and a half. But

thinking it through, it may be more.

THE COURT: Wednesday, the 6th, is open as well if we

need it.

MR. HICKEY: We can do that.

MR. MCALPIN: We will make it work.

MR. HICKEY: That's good for us, 4 and 6 are good for

us.

MR. MCALPIN: Well, we're going to do 4 and 5 --

THE COURT: Well, December 4, 5, 6.

MR. HICKEY: Okay. That's fine.

THE COURT: The 5th is just the afternoon.

MR. HICKEY: Right. Right.

MR. MCALPIN: The 4th, afternoon 5th, and if we have to

bleed over to the 6th, we can.

THE COURT: Right. There are -- I have my regular

calendar calls and status conferences on Wednesday. There are

none set yet.

We may just have to start a little bit later Wednesday

morning, but it's essentially a full day.

MR. HICKEY: Great. Thank you, Your Honor.

THE COURT: We will be in recess.

MR. MCALPIN: Since we are in the recess in the middle

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163

of testimony, I would ask the Court to instruct Ms. Ruggeri

about speaking with counsel during the time she is not on the

stand.

THE COURT: All right. Well, I will invoke the rule as

to all of the witnesses.

Ms. Ruggeri, you can, of course, speak to your

attorney, just don't speak to him about your testimony.

MR. MCALPIN: Correct.

THE WITNESS: Okay.

THE COURT: All right. We will be in recess.

MR. MCALPIN: Thank you. Have a nice weekend.

COURT SECURITY OFFICER: All rise.

(Proceedings were concluded at 3:02 p.m.)

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164

C E R T I F I C A T E

I hereby certify that the foregoing is an

accurate transcription of the proceedings in the

above-entitled matter.

January 10, 2024 /s/Patricia Diaz _____

DATE PATRICIA DIAZ, FCRR, RPR, FPR

Official Court Reporter

United States District Court

400 North Miami Avenue, 11th Floor

Miami, Florida 33128

(305) 523-5178

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 164 of

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$

$15 [3] - 152:2,

152:19, 153:1

$240 [1] - 151:14

$9 [1] - 151:17

'

'17 [6] - 103:6,

103:20, 103:24,

104:13, 104:14

'18 [3] - 104:4,

104:17

'19 [2] - 103:21,

104:22

'21 [1] - 159:12

'57 [3] - 90:22, 90:24,

92:15

'99 [3] - 20:23, 20:24,

92:24

/

/s/Patricia [1] - 164:9

0

0 [3] - 13:14, 33:4,

73:15

013 [1] - 133:12

042.004 [1] - 69:18

044 [2] - 29:22, 84:22

044.001 [1] - 30:1

084 [2] - 21:13, 22:7

084.016 [1] - 21:4

088.001 [1] - 12:22

088.225 [1] - 35:21

088.230 [1] - 42:7

088.320 [1] - 54:1

1

1 [7] - 1:9, 44:13,

55:3, 55:4, 68:4, 74:4,

151:2

1.001 [1] - 151:3

10 [24] - 13:14,

15:21, 16:11, 16:12,

33:5, 33:9, 33:12,

34:20, 35:3, 35:22,

44:13, 49:4, 53:1,

55:4, 73:16, 73:18,

74:1, 92:16, 104:13,

150:22, 164:9

10/14/2017 [1] -

106:1

10/25/19 [4] - 6:13,

26:16, 65:11, 65:12

10/26/19 [2] - 6:15,

6:17

10/28/19 [2] - 7:11,

7:24

100 [1] - 154:4

10:27 [1] - 118:14

10:56 [1] - 118:15

10th [1] - 35:17

11 [9] - 21:24, 48:4,

50:1, 54:1, 55:21,

55:25, 67:7, 71:24,

72:11

11/2020 [1] - 43:6

11/25/18 [1] - 108:18

11:30 [1] - 63:18

11:59 [2] - 122:25,

123:18

11th [2] - 2:4, 164:11

12 [1] - 67:23

125 [2] - 65:6, 77:15

12:02 [1] - 119:15

12:30 [2] - 63:20,

63:25

12:54 [1] - 117:9

12th [1] - 95:10

13 [3] - 31:2, 34:6,

34:19

13th [1] - 34:25

14-day [1] - 101:12

140 [2] - 157:3, 157:7

1400 [1] - 1:16

15 [11] - 31:17,

34:13, 40:16, 42:3,

42:5, 45:10, 45:12,

45:13, 46:11, 150:22

15th [2] - 45:11, 46:9

16 [7] - 92:3, 92:16,

92:20, 93:3, 93:5,

93:15, 94:7

16th [1] - 45:12

17 [7] - 15:8, 18:18,

24:17, 38:23, 70:6,

71:1, 71:2

17.02 [1] - 144:24

17th [8] - 15:10,

17:22, 24:20, 25:15,

28:14, 28:16, 30:23,

70:23

18 [2] - 22:8, 100:23

18th [3] - 19:22,

23:18, 23:19

19 [3] - 11:17, 12:15,

12:20

1957 [1] - 90:21

1973 [1] - 92:21

1989 [3] - 20:18,

92:25, 93:2

1999 [6] - 20:19,

92:6, 92:16, 93:6,

93:9, 94:4

19th [2] - 11:21, 15:9

1:24 [1] - 123:23

1st [1] - 37:11

2

2 [6] - 44:16, 56:25,

74:4, 89:20, 95:11,

117:1

2.001 [1] - 117:4

20 [3] - 21:24, 31:1,

118:22

20-CV-21961 [1] -

3:2

20-CV-21961-DPG

[1] - 1:2

20-minute [1] - 31:17

200 [6] - 6:25, 7:1,

7:3, 154:3, 154:4,

154:14

200.001 [1] - 6:13

2002 [2] - 99:21,

99:23

2007 [14] - 13:20,

14:9, 14:13, 67:24,

90:19, 90:24, 91:14,

91:22, 92:1, 93:9,

93:17, 94:11, 94:17,

94:20

2008 [4] - 68:1, 68:5,

87:18, 101:16

2011 [1] - 95:19

2015 [3] - 99:25,

100:1, 102:17

2016 [2] - 101:2,

101:5

2017 [13] - 22:8,

22:10, 22:20, 23:11,

23:13, 23:18, 23:19,

23:21, 102:20,

103:17, 106:7,

107:12, 108:6

2018 [4] - 102:20,

102:21, 108:20,

109:18

2019 [21] - 6:9,

11:18, 12:15, 12:21,

16:11, 18:3, 18:8,

19:22, 24:19, 68:1,

99:17, 101:25,

102:22, 103:5,

103:19, 103:25,

110:4, 110:9, 116:20,

129:23, 132:9

2020 [39] - 15:8,

18:18, 24:17, 25:15,

30:23, 31:1, 31:2,

34:6, 34:12, 34:16,

34:20, 34:25, 35:3,

35:17, 35:22, 36:24,

38:14, 38:15, 38:21,

38:23, 39:14, 39:15,

39:16, 40:12, 55:19,

56:4, 56:19, 56:21,

56:23, 70:6, 70:21,

70:23, 71:2, 71:7,

100:18, 102:2

2021 [34] - 34:13,

36:25, 37:23, 38:5,

38:8, 40:16, 42:3,

42:5, 44:7, 45:10,

45:12, 45:21, 48:4,

49:25, 50:1, 53:24,

54:1, 55:21, 55:25,

56:5, 56:11, 56:17,

70:12, 70:16, 70:20,

70:22, 71:13, 71:24,

72:3, 72:4, 72:11,

95:10, 158:15

2022 [5] - 57:4, 57:8,

57:11, 72:13, 72:14

2023 [3] - 1:5, 94:3,

129:13

2024 [1] - 164:9

21.001 [1] - 147:6

211 [2] - 68:16, 68:18

22 [3] - 49:25, 53:24,

55:20

23 [1] - 58:14

230 [2] - 154:8, 154:9

23rd [3] - 100:18,

116:19, 117:8

24 [6] - 26:9, 93:16,

94:4, 94:7, 103:14,

103:22

24-month [1] - 104:9

24th [1] - 151:14

25th [5] - 119:13,

119:14, 120:18,

132:9, 151:20

26 [2] - 6:9, 65:2

26th [2] - 18:3, 19:4

27th [3] - 18:21,

109:18, 152:4

2805 [1] - 1:19

28th [1] - 18:21

29 [3] - 23:10, 23:13,

23:21

29-02 [2] - 121:18,

121:20

29-05 [1] - 122:22

29-06 [1] - 123:12

29-07 [1] - 123:24

29-09 [2] - 124:11,

127:3

3

3 [6] - 2:12, 49:3,

55:4, 57:1, 63:20,

157:7

1

3/17/20 [2] - 26:17,

43:15

30 [6] - 27:13, 27:14,

31:25, 69:13, 77:19

30-degree [1] - 27:4

305 [2] - 2:5, 164:12

307 [1] - 110:22

308 [1] - 110:22

31.013 [4] - 133:12,

133:13, 133:16,

133:20

31.03 [1] - 136:8

32 [5] - 50:2, 50:6,

51:4, 51:8, 55:20

33 [1] - 66:18

33128 [2] - 2:4,

164:12

33130 [1] - 1:20

33131 [1] - 1:16

34 [3] - 31:8, 32:4,

66:18

36 [3] - 26:9, 142:10,

142:12

38 [1] - 66:18

3:02 [2] - 1:6, 163:13

4

4 [3] - 162:9, 162:11,

162:12

4'11 [1] - 144:23

4/30/2021 [1] - 44:23

40 [2] - 94:8, 96:5

400 [2] - 2:3, 164:11

45 [1] - 37:11

45-degree [1] - 27:14

49 [2] - 45:19, 91:3

4th [5] - 161:1,

161:4, 161:8, 161:11,

162:16

5

5 [13] - 7:5, 15:21,

15:23, 33:13, 44:12,

44:16, 53:1, 85:9,

162:11, 162:12

5.001 [1] - 7:8

5/23 [2] - 58:12,

58:13

5/24 [1] - 58:7

5/24/22 [1] - 58:9

5/25/22 [1] - 58:9

50 [2] - 37:10, 110:16

50.001 [1] - 110:25

50.002 [1] - 112:16

510 [1] - 1:16

523-5178 [2] - 2:5,

164:12

59 [4] - 95:9, 95:10,

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95:11, 95:15

5:30 [1] - 85:9

5th [6] - 161:2,

161:4, 161:9, 161:12,

162:14, 162:16

6

6 [3] - 46:12, 162:9,

162:12

62 [1] - 112:7

6:07 [1] - 120:17

6th [2] - 162:5,

162:17

7

7 [2] - 40:10, 95:15

7/02/2020 [1] - 34:17

70 [1] - 47:8

71.002 [5] - 136:17,

136:18, 145:14,

145:18, 147:24

71.02 [2] - 144:25,

145:11

74.001 [1] - 100:5

74.018 [2] - 100:4,

100:23

74.020 [2] - 100:12,

100:13

75 [1] - 37:10

8

8 [8] - 1:19, 15:23,

33:13, 44:12, 53:1,

73:17, 74:1

80 [1] - 1:19

800 [1] - 13:4

81 [1] - 37:11

81.005 [2] - 22:11,

23:25

88 [2] - 54:3, 54:4

8:00 [1] - 82:12

8:30 [1] - 82:13

9

9 [1] - 1:5

90 [1] - 2:13

99 [1] - 64:24

9:30 [1] - 161:8

9:41 [1] - 1:6

9:52 [1] - 119:14

A

a.m [3] - 1:6, 118:14,

118:15

Aaron [3] - 10:22,

23:3, 23:6

abbreviations [1] -

43:13

ability [2] - 21:15,

41:22

able [13] - 5:16,

28:23, 49:19, 51:14,

52:2, 53:6, 77:1, 88:5,

88:19, 88:22, 89:15,

102:6

above-entitled [1] -

164:5

abrupt [3] - 4:7,

156:16, 156:21

absolute [1] - 75:18

absolutely [13] -

11:6, 38:22, 61:18,

61:21, 61:24, 62:24,

75:25, 77:5, 79:15,

133:24, 139:16

accept [1] - 114:22

access [3] - 113:12,

113:19, 114:16

accident [3] - 91:5,

102:3, 151:20

accidents [1] - 40:24

account [2] - 107:9,

114:9

accurate [35] - 4:15,

12:11, 12:12, 13:19,

14:20, 22:2, 22:3,

23:19, 23:21, 24:4,

31:10, 34:6, 36:8,

36:9, 36:21, 42:24,

43:23, 44:2, 44:10,

44:13, 44:18, 45:16,

45:19, 48:5, 48:6,

49:10, 50:4, 54:25,

55:21, 58:10, 64:24,

65:3, 112:9, 164:4

aching [3] - 44:9,

54:24, 73:5

act [1] - 40:7

action [2] - 46:16,

47:9

active [1] - 107:23

actively [1] - 77:23

activities [6] - 39:13,

65:9, 65:10, 65:11,

74:5, 108:2

activity [6] - 9:24,

107:21, 107:23,

109:16, 117:5

actual [2] - 39:1,

150:4

add [4] - 32:12,

50:14, 93:15, 94:7

added [7] - 32:10,

32:17, 32:23, 51:1,

51:15, 65:2

addicted [1] - 8:24

addiction [1] - 52:1

addictive [1] - 96:11

adding [2] - 50:13,

92:20

additional [2] -

112:24, 114:1

address [1] - 114:11

adjacent [1] - 135:2

admitted [1] - 7:1

adults [2] - 66:15,

66:16

advice [6] - 98:24,

98:25, 99:4, 99:13,

99:14, 99:15

affect [6] - 39:6,

39:7, 52:14, 86:3,

86:9, 98:16

affected [6] - 76:21,

76:23, 77:18, 78:4,

82:5, 86:12

affecting [3] - 37:13,

42:20, 54:18

afraid [2] - 52:1

afternoon [10] -

90:14, 92:8, 120:18,

123:22, 150:16,

153:20, 161:10,

161:12, 162:14,

162:16

afterwards [2] - 16:7,

24:23

age [2] - 92:3, 112:7

agent [2] - 111:12,

111:21

ages [1] - 74:25

ago [10] - 57:10,

62:4, 62:6, 67:20,

67:23, 74:25, 87:17,

102:16, 108:11, 110:6

agree [3] - 95:19,

114:15, 117:5

ahead [23] - 17:2,

35:16, 54:8, 60:25,

101:1, 112:21,

116:25, 122:20,

122:21, 123:3, 123:7,

123:21, 123:22,

124:7, 125:20,

126:17, 126:19,

126:25, 127:13,

135:6, 136:18,

137:12, 155:6

Aid [2] - 46:23, 47:5

Aleve [1] - 55:6

Alexa [1] - 65:24

allow [1] - 84:25

allowed [2] - 28:7,

49:18

allows [1] - 41:22

almost [7] - 4:22,

11:18, 16:15, 25:8,

28:2, 103:21

alone [2] - 28:11,

154:3

America [8] - 101:8,

103:24, 104:4, 106:4,

106:7, 129:8, 129:16

America's [1] - 108:6

American[1] - 81:8

amount [1] - 111:25

anchor[1] - 130:17

angle [5] - 27:5,

27:14, 123:8, 123:11,

123:12

angles [2] - 63:3,

63:11

angry [1] - 97:7

answer[17] - 54:4,

95:15, 98:5, 99:10,

136:2, 144:15,

144:16, 147:13,

148:10, 149:21,

157:8, 157:16,

157:18, 158:13,

158:15, 159:4, 159:17

answered [6] -

100:16, 102:7, 158:1,

158:24, 159:14,

159:20

answering [3] -

100:6, 101:2, 159:19

answers [1] - 102:12

anterior[2] - 13:13,

44:6

anticipated [1] -

155:13

anxiety [1] - 90:2

anxious [1] - 90:2

anyway [4] - 22:2,

46:12, 63:17, 159:14

apart [1] - 57:13

apologize [3] -

58:17, 62:6, 97:3

APPEARANCES[1] -

1:13

appearances [1] -

3:4

applicable [1] -

112:22

apply [1] - 112:24

appointment [24] -

10:13, 10:15, 11:22,

11:23, 18:23, 28:6,

37:19, 37:22, 38:2,

38:10, 42:3, 42:14,

46:18, 46:19, 48:22,

53:6, 58:25, 59:1,

60:4, 60:5, 86:24,

86:25, 87:4, 87:6

2

approaching [4] -

156:8, 156:12,

156:13, 156:19

appropriate [2] -

12:6, 127:15

approved [1] - 24:12

April [1] - 39:16

arbitrarily [1] - 68:5

arca [1] - 13:13

area [14] - 16:16,

44:5, 75:23, 134:11,

134:18, 135:1, 135:3,

135:4, 135:17,

135:20, 136:7,

138:10, 145:16,

160:11

areas [1] - 75:21

argumentative [2] -

41:9, 59:12

arm [65] - 8:4, 13:11,

26:1, 26:3, 26:6, 26:8,

27:2, 27:4, 27:5,

27:12, 27:18, 27:23,

32:18, 32:25, 33:24,

36:3, 36:19, 40:5,

44:8, 50:19, 50:22,

50:23, 61:13, 61:14,

61:20, 61:22, 62:24,

62:25, 72:25, 73:6,

74:13, 74:15, 74:16,

74:17, 74:21, 74:22,

75:1, 75:3, 75:5, 75:6,

75:12, 75:14, 76:1,

76:8, 77:20, 77:21,

77:25, 79:3, 79:4,

79:5, 80:11, 80:12,

80:13, 91:8, 91:17,

122:16, 124:4, 125:9,

147:3, 149:8, 149:12,

149:15, 149:18,

149:24

armpit [1] - 27:18

arms [2] - 63:10,

75:9

arrangements [1] -

30:9

arrived [2] - 130:12,

153:23

arthritis [1] - 95:13

arthroscopic [3] -

14:10, 25:14, 61:7

ascribed [1] - 106:21

ashore [5] - 118:12,

119:14, 122:12,

150:16, 155:16

asleep [1] - 83:6

assessment[2] -

42:18, 54:12

assistant [3] - 14:3,

60:9, 60:13

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 166 of

183
assistants [1] -

13:25

associate [1] - 98:10

associated [3] -

91:5, 98:4, 98:11

assume [2] - 68:22,

154:14

assuming [1] -

157:21

at-sea [1] - 9:19

attached [3] - 27:25,

29:13, 32:19

attaching [1] - 76:4

attention [4] - 66:10,

115:9, 131:23, 132:16

attorney [5] - 12:3,

116:10, 116:12, 163:7

attorneys [1] - 87:23

audio [1] - 121:2

audiotape [1] -

121:10

August [8] - 19:22,

22:8, 22:10, 23:18,

23:19, 56:11, 56:14,

56:17

automatically [1] -

152:18

Avenue [3] - 1:16,

2:3, 164:11

average [1] - 102:5

averaging [1] - 103:9

avoiding [1] - 59:14

awake [3] - 82:16,

85:4, 148:13

B

babies [1] - 66:6

baby [4] - 66:1, 66:4,

66:6

backs [12] - 134:8,

140:20, 140:25,

141:1, 142:24, 143:1,

147:8, 147:11,

147:12, 147:15,

147:17, 147:21

backward [1] - 61:23

bad [9] - 5:8, 33:17,

33:19, 49:2, 55:24,

87:2, 96:23, 97:17,

98:20

bag [1] - 123:15

bags [2] - 119:20,

120:5

Bahamas [2] - 1:7,

3:3

ball [6] - 47:15,

47:16, 49:15, 50:23,

50:24, 51:17

ball-and-socket [2] -

49:15, 51:17

band [3] - 32:17,

32:19, 50:17

Band [2] - 46:23,

47:5

Band-Aid [2] - 46:23,

47:5

bandage [1] - 30:4

banded [1] - 50:22

bands [3] - 17:10,

32:17, 50:14

bar[1] - 151:17

Barcelona [2] - 9:22,

9:23

base [1] - 76:3

based [4] - 102:9,

131:19, 160:1, 160:3

basis [8] - 13:10,

17:19, 17:21, 29:15,

29:17, 99:8, 99:11,

106:19

basket [1] - 78:19

bathing [1] - 82:1

battery [1] - 75:22

bear[1] - 140:11

Beatles [1] - 68:22

became [1] - 32:17

bed [1] - 30:10

bedroom [1] - 82:12

Beetles [1] - 68:23

BEFORE [1] - 1:11

beforehand [1] -

33:24

began [3] - 93:16,

130:11, 158:19

begin [3] - 5:13,

48:23, 99:20

beginning [10] -

17:8, 24:25, 26:12,

38:12, 50:23, 58:22,

60:1, 77:14, 95:10,

142:7

behalf [5] - 3:7, 3:9,

3:12, 3:14, 3:15

behind [16] - 16:15,

69:24, 78:1, 124:8,

125:21, 138:8,

142:25, 143:3, 143:5,

143:6, 143:9, 143:12,

144:18, 144:20,

155:20, 155:23

bench [39] - 128:11,

128:15, 134:17,

134:18, 134:20,

134:21, 135:13,

135:20, 136:5, 137:3,

137:4, 137:14,

137:20, 139:20,

140:5, 141:4, 141:15,

141:16, 141:17,

141:20, 142:7,

142:16, 142:20,

142:25, 143:3, 143:7,

143:8, 143:12,

143:14, 143:18,

143:20, 143:25,

144:20, 145:1, 145:8,

146:13, 146:18

benches [8] -

134:14, 134:15,

134:16, 134:17,

140:24, 143:9,

143:16, 147:19

benefit [1] - 43:2

benefits [1] - 155:14

BERMAN [4] - 1:21,

3:15, 64:8, 64:12

Berman [2] - 3:15,

161:19

beside [1] - 75:8

best [8] - 7:23, 17:1,

17:13, 38:15, 41:18,

44:12, 47:9, 55:3

better[8] - 22:14,

22:15, 27:6, 27:20,

53:3, 53:7, 72:25,

151:7

between [30] - 11:22,

15:9, 15:23, 19:1,

27:14, 30:23, 30:25,

31:1, 38:14, 63:11,

68:4, 69:11, 75:13,

83:5, 84:16, 92:10,

93:2, 93:13, 94:8,

102:19, 102:20,

104:3, 109:23,

111:20, 111:21,

137:21, 139:7, 142:6,

142:15, 142:20

beware [1] - 157:22

biceps [1] - 43:15

bickering [1] - 79:1

big [4] - 52:17,

95:25, 126:5, 150:23

bike [2] - 32:19,

50:22

bilaterally [1] - 36:16

bill [3] - 151:7,

152:18, 153:2

binding [4] - 112:25,

113:1, 113:13, 115:10

birthday [1] - 91:2

bit [22] - 15:25,

22:19, 33:25, 57:3,

65:8, 71:19, 73:1,

79:1, 81:20, 104:13,

110:5, 110:6, 116:16,

121:24, 122:7, 123:3,

126:15, 138:13,

141:7, 150:15,

153:17, 162:21

bleed [1] - 162:17

block [3] - 25:22,

25:24, 26:3

blocks [1] - 25:25

blouses [1] - 81:14

board [13] - 95:11,

108:5, 114:2, 116:22,

117:8, 117:20,

119:17, 120:8,

120:21, 123:17,

124:14, 134:23

boarded [2] - 116:24,

117:13

boards [1] - 124:22

boat [47] - 12:25,

65:6, 65:10, 105:4,

110:1, 126:6, 127:16,

127:22, 131:13,

131:16, 132:8, 136:7,

137:6, 139:3, 139:4,

139:22, 141:17,

143:21, 144:18,

145:12, 146:24,

147:25, 148:15,

148:17, 150:7, 150:9,

150:11, 154:1, 154:3,

154:6, 154:8, 154:9,

154:13, 156:2, 156:3,

156:5, 156:8, 156:16,

156:17, 156:20,

156:22, 157:12,

158:9, 158:18, 158:22

boats [6] - 105:1,

131:15, 132:8, 146:3,

146:17, 153:25

body [6] - 8:3, 23:5,

27:14, 27:24, 123:5,

124:4

bold [1] - 113:2

bone [1] - 97:23

bones [1] - 98:4

book [4] - 111:7,

111:11, 111:12,

111:24

booked [3] - 111:22,

120:15, 128:20

booking [4] - 106:13,

111:10, 112:24,

113:10

born [4] - 81:6,

90:21, 90:24, 92:15

bother [4] - 79:3,

79:6, 86:5, 113:15

bothers [1] - 80:11

bottom [6] - 6:14,

21:12, 55:9, 112:15,

113:18, 137:3

bought [6] - 40:3,

81:4, 118:20, 118:21,

3

119:25, 120:4

box [1] - 115:12

brace [2] - 149:10,

149:24

brain [2] - 26:1,

82:14

break [5] - 20:1,

63:17, 63:19, 64:22,

99:24

breakfast[4] - 79:18,

134:3, 134:4, 134:7

breath [3] - 5:15,

5:16, 5:22

Brett [1] - 3:15

BRETT [1] - 1:21

Brick [3] - 48:9,

48:11, 48:12

Brickell [1] - 1:16

Brielle [1] - 13:7

bring [5] - 6:9, 12:9,

12:20, 63:13, 119:21

bringing [1] - 20:5

brochure [1] -

112:23

brother[1] - 89:10

brought [6] - 18:6,

18:13, 18:21, 41:7,

41:12, 95:21

brushing [2] - 81:22,

81:24

buckled [1] - 74:25

Buerano [4] - 4:23,

4:24, 5:1, 132:17

building [1] - 50:6

bump [1] - 28:12

bunch [2] - 99:18,

109:7

bus [2] - 10:1,

150:23

business [1] - 1:7

butt [1] - 145:5

button [3] - 114:14,

114:19, 114:22

buttoning [1] - 78:12

buy [2] - 81:3, 81:4

BY [34] - 2:1, 3:24,

7:7, 8:12, 9:17, 18:5,

20:4, 22:17, 35:2,

35:20, 41:11, 44:24,

52:11, 54:7, 55:16,

58:8, 58:16, 59:22,

64:21, 68:17, 73:24,

90:13, 97:4, 105:17,

107:22, 110:23,

121:19, 123:10,

127:2, 133:15,

134:25, 137:11,

146:11, 158:7

bypass [1] - 71:20

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 167 of

183
C

cabin [7] - 120:5,

129:1, 129:16,

130:12, 130:14,

130:20

calculation [2] -

4:14, 94:2

calculations [3] -

92:13, 92:19, 94:1

calendar[3] - 161:7,

162:2, 162:19

calm [3] - 4:8, 16:5,

82:19

calms [1] - 82:14

Canal [2] - 101:12,

108:21

cancel [1] - 37:20

cancelled [8] - 38:2,

38:3, 38:11, 39:3,

58:25, 59:1, 60:4,

60:5

cancelling [1] -

11:23

cancer[2] - 98:10,

98:14

Cannes [10] - 69:17,

69:18, 69:19, 70:1,

120:22, 128:17,

130:12, 130:18,

131:2, 151:1

cannot [2] - 76:5,

76:6

Captain [1] - 161:21

car[3] - 40:24,

74:24, 76:24

carbon [1] - 75:22

card [5] - 107:9,

107:10, 109:13,

114:8, 117:5

Care [2] - 49:6, 49:7

care [5] - 65:12,

65:13, 65:15, 88:22,

89:3

career[1] - 88:5

Caribbean [2] -

101:17, 101:19

Carnival [7] - 101:14,

101:16, 101:19,

103:4, 129:3, 129:7,

129:15

carry [5] - 5:19, 5:22,

74:13, 74:16, 74:20

carrying [3] - 68:8,

74:11, 74:20

CASE[1] - 1:2

case [11] - 3:2, 8:19,

22:23, 76:13, 76:14,

76:16, 105:11,

106:23, 114:25,

161:10, 161:17

cash [2] - 153:8,

153:10

casino [2] - 119:1,

151:15

category [2] - 74:6,

74:7

Cayman [4] - 108:25,

109:7, 109:10, 109:18

CCTV [1] - 125:8

CD [2] - 18:13, 18:15

cells [2] - 46:16,

46:22

center[7] - 25:7,

137:4, 137:5, 137:6,

137:7, 139:4, 141:17

Center[1] - 48:8

certain [8] - 32:9,

51:21, 51:23, 94:19,

111:24, 115:9,

133:24, 134:1

certainly [4] - 99:19,

104:25, 128:22,

161:22

certificate [1] - 75:16

certify [1] - 164:3

chair[6] - 22:13,

60:11, 60:13, 60:19,

61:9, 84:22

chalkboard [1] - 40:1

change [7] - 26:6,

32:21, 37:12, 88:6,

116:16, 156:16,

156:21

changed [2] - 39:1,

39:4

changing [4] - 32:20,

159:24, 160:3, 160:6

channel [1] - 129:19

chaos [2] - 124:18,

125:17

Chapter[1] - 40:10

characterizes [1] -

43:18

charge [3] - 152:18,

152:22, 153:1

charged [2] - 151:14,

151:17

charges [1] - 151:12

check [2] - 114:16,

114:19

check-in [2] -

114:16, 114:19

checked [2] - 24:1,

24:2

Chern [38] - 10:18,

10:24, 11:14, 11:15,

11:17, 11:19, 11:20,

12:14, 14:5, 14:16,

14:22, 14:24, 15:7,

16:11, 18:11, 18:14,

18:16, 19:2, 23:7,

24:24, 26:14, 28:7,

34:7, 34:15, 34:16,

35:4, 35:17, 36:25,

37:19, 39:7, 41:6,

42:3, 46:1, 49:18,

56:18, 72:5, 72:9,

72:13

Chern's [2] - 12:23,

42:8

child [1] - 81:13

children [3] - 66:22,

79:1, 83:1

chose [1] - 125:9

chosen [1] - 115:14

Christmas [1] - 18:8

cigarette [2] - 96:1,

98:14

cigarettes [2] -

21:24, 94:9

circled [2] - 109:17,

136:25

circles [4] - 16:24,

17:4, 17:5, 50:13

circumstances [1] -

128:2

Civitavecchia [2] -

115:18

clarify [2] - 90:17,

140:20

classes [3] - 39:3,

39:17, 39:19

classify [1] - 74:5

clean [1] - 38:1

clear[6] - 24:8,

26:12, 61:19, 64:4,

64:5, 142:23

clearance [2] - 19:8,

19:10

cleared [1] - 21:9

clears [1] - 21:7

click [4] - 113:12,

113:19, 114:14,

114:19

clicking [1] - 113:6

clinical [2] - 42:18,

54:12

clocked [1] - 120:17

close [2] - 137:7,

139:11

closed [1] - 19:6

closer[2] - 139:3

closest [3] - 139:11,

141:23, 143:20

closet [1] - 78:23

closing [1] - 89:22

clothes [4] - 78:14,

78:16, 78:19, 78:22

clothing [1] - 14:7

cold [5] - 16:2, 16:7,

37:12, 37:18, 51:2

colleague [2] - 40:3,

49:21

college [1] - 89:13

collide [2] - 157:13,

158:10

column [1] - 112:3

combing [1] - 81:22

comfortable [1] -

82:18

coming [8] - 74:19,

95:4, 95:7, 122:23,

124:20, 125:21,

126:5, 126:14

Commission [1] -

39:17

common [2] -

127:15, 127:21

communication [1] -

149:4

companies [1] -

110:10

company [3] - 105:3,

106:18, 110:12

company's [1] -

105:4

compare [8] - 4:17,

4:20, 6:10, 55:23,

56:1, 56:16, 56:20

complete [3] - 114:1,

114:16, 114:19

completely [2] -

35:10, 35:14

computer[1] - 40:3

concentrator[1] -

5:22

concept [1] - 130:3

concerned [1] - 90:2

concluded [1] -

163:13

condition [4] - 5:7,

43:5, 43:25, 95:14

conditions [12] - 4:4,

4:7, 94:19, 112:19,

112:24, 113:6,

113:20, 114:15,

114:22, 115:3,

116:11, 116:12

conferences [1] -

162:19

Confident [1] - 12:9

configuration [3] -

145:12, 145:17,

146:18

confirmation [4] -

111:4, 111:25,

113:10, 113:25

confused [1] - 29:9

connection [1] -

4

91:11

constantly [1] -

96:20

Cont [1] - 2:12

contact [2] - 149:12,

149:22

contacted [1] - 12:10

contains [1] - 115:10

context [1] - 124:13

continually [1] -

80:18

continue [5] - 82:7,

84:14, 88:21, 94:1,

98:22

continued [3] - 9:8,

49:1, 130:16

CONTINUED [1] -

3:23

continuously [2] -

131:2, 141:6

contract [4] - 113:13,

114:23, 115:9, 115:10

contrary [1] - 108:10

control [2] - 26:2,

75:6

conversation [1] -

60:20

conversations [1] -

116:9

cook [9] - 39:20,

39:21, 79:11, 79:13,

79:14, 79:16, 79:19,

86:17, 86:21

cooked [1] - 79:18

cooking [6] - 39:21,

65:14, 79:10, 86:16,

86:19, 86:20

cooks [2] - 79:21,

86:17

cool [2] - 65:18,

82:23

coordination [1] -

80:13

copy [5] - 20:1,

64:17, 111:3, 111:25

Corniche [1] -

151:22

correct [273] - 4:12,

10:19, 10:25, 11:3,

14:11, 16:8, 17:23,

19:13, 21:8, 21:10,

22:20, 22:22, 22:25,

23:1, 23:6, 23:9,

23:23, 24:14, 31:4,

31:21, 31:22, 33:5,

33:6, 33:11, 33:14,

34:10, 34:24, 35:5,

37:1, 37:4, 37:24,

38:6, 41:23, 42:1,

43:1, 43:4, 45:22,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 168 of

183
49:8, 49:11, 49:24,

53:20, 59:10, 60:24,

62:2, 63:12, 64:14,

64:15, 65:7, 69:22,

71:4, 71:11, 71:18,

72:12, 72:15, 72:17,

73:13, 76:2, 76:11,

76:12, 76:20, 90:19,

90:20, 90:23, 91:3,

91:4, 91:7, 91:10,

91:21, 91:22, 91:23,

92:7, 92:9, 92:11,

92:12, 92:18, 92:21,

92:22, 92:25, 93:1,

93:3, 93:4, 93:8,

93:11, 93:14, 93:17,

94:9, 94:18, 95:20,

96:1, 96:2, 97:16,

98:21, 98:22, 101:9,

101:10, 101:12,

101:13, 101:15,

101:18, 101:21,

101:24, 101:25,

102:4, 102:7, 102:8,

102:12, 103:8,

104:10, 105:1, 106:7,

106:8, 108:23, 109:2,

109:3, 109:12,

109:14, 109:15,

109:19, 109:20,

112:1, 112:8, 112:16,

112:17, 113:7,

113:15, 113:23,

114:4, 114:6, 114:7,

114:10, 114:13,

114:18, 114:21,

114:23, 114:24,

114:25, 115:4, 115:5,

115:15, 115:16,

115:19, 115:20,

115:23, 115:25,

116:1, 116:4, 116:5,

116:6, 116:8, 116:21,

118:8, 118:10,

118:12, 118:13,

118:16, 118:25,

119:5, 119:8, 119:9,

119:10, 119:16,

120:16, 120:18,

120:19, 120:20,

120:23, 122:6,

122:17, 124:5, 124:6,

124:9, 124:16,

124:18, 124:19,

125:2, 125:11,

125:19, 126:2, 126:4,

127:11, 127:17,

127:20, 128:23,

129:1, 129:2, 129:5,

129:14, 129:18,

129:20, 129:21,

129:24, 130:1, 130:5,

130:9, 130:13,

130:15, 131:7, 131:9,

131:11, 131:17,

131:21, 131:22,

132:4, 132:6, 133:7,

133:9, 133:10,

133:22, 135:16,

135:19, 135:21,

136:22, 136:23,

136:25, 137:1,

137:23, 138:17,

138:21, 138:23,

139:1, 139:5, 139:13,

139:21, 139:24,

140:15, 140:16,

141:10, 141:19,

142:22, 143:11,

143:17, 143:19,

143:24, 144:9,

144:12, 145:10,

146:2, 147:2, 147:5,

147:16, 147:18,

147:22, 148:2, 149:9,

149:11, 149:14,

149:17, 149:19,

150:4, 150:17,

150:18, 150:20,

151:13, 151:16,

151:19, 151:24,

152:25, 153:3, 153:6,

153:18, 154:7,

154:12, 154:15,

155:8, 155:11,

155:17, 155:19,

155:21, 155:23,

158:1, 159:3, 159:15,

163:8

Correct [1] - 102:1

correctly [2] -

121:12, 133:19

cortisone [2] - 14:24,

45:5

COUNSEL [1] - 1:21

Counsel [1] - 106:9

counsel [7] - 3:4,

12:9, 64:5, 107:15,

158:2, 160:10, 163:2

counseled [1] -

97:10

counseling [1] -

88:13

counselled [1] - 97:8

counsels [1] - 24:22

count [4] - 31:8,

55:20, 103:6, 104:3

counted [2] - 31:8,

50:2

counting [2] -

124:25, 143:13

couple [5] - 4:3,

8:17, 21:6, 49:21,

100:1

course [8] - 19:6,

27:19, 39:21, 47:19,

71:24, 84:19, 95:22,

163:6

courses [1] - 46:16

COURT [53] - 1:1,

3:17, 3:21, 6:25, 7:2,

7:6, 8:9, 17:24, 18:4,

19:25, 22:15, 41:10,

52:10, 53:8, 53:12,

53:14, 54:6, 59:15,

59:19, 63:16, 63:24,

64:3, 64:5, 64:10,

64:18, 73:20, 73:23,

90:10, 97:1, 105:14,

106:9, 106:12,

106:24, 107:15,

107:19, 110:21,

134:22, 137:10,

158:5, 160:10,

160:15, 160:17,

160:22, 161:7,

161:24, 162:5,

162:12, 162:14,

162:18, 162:24,

163:4, 163:10, 163:12

Court [11] - 2:2, 2:3,

16:25, 18:6, 27:12,

158:17, 159:16,

160:4, 163:1, 164:10,

164:11

court [7] - 59:16,

87:23, 95:4, 95:7,

98:2, 154:10, 159:21

courtroom [3] - 5:5,

5:6, 64:11

COURTROOM [1] -

3:2

Cove [1] - 89:20

cover[6] - 130:7,

135:5, 135:6, 135:9,

135:13

COVID [2] - 38:24,

39:8

cradle [11] - 27:2,

28:9, 28:18, 28:22,

28:23, 29:5, 29:7,

29:10, 29:11, 29:13,

30:3

crash [41] - 4:2, 4:5,

11:4, 11:6, 11:19,

12:17, 15:17, 19:14,

23:7, 24:20, 26:16,

35:10, 35:13, 60:23,

64:24, 65:6, 65:10,

65:11, 65:12, 67:17,

67:19, 67:23, 68:1,

68:5, 68:8, 68:12,

68:25, 69:4, 69:21,

70:4, 70:5, 70:6,

71:13, 75:14, 79:14,

80:3, 83:16, 84:3,

89:23, 126:10, 149:20

crashed [5] - 4:18,

4:25, 5:1, 146:24

crashes [2] - 40:24,

131:14

crashing [2] - 147:25

crawled [2] - 32:18,

50:21

crawling [1] - 65:17

crazy [2] - 89:9,

131:12

created [2] - 106:17,

107:1

credit [2] - 114:8,

151:12

crew [5] - 121:1,

124:23, 124:25,

125:24, 131:16

criminal [1] - 63:18

CROSS [1] - 90:12

Cross [1] - 2:9

cross [2] - 57:18,

90:10

CROSSEXAMINATION[1] -

90:12

cross-examined [1]

- 57:18

crossing [1] - 4:14

crowd [1] - 126:5

CRUISE [2] - 1:7,

1:22

Cruise [7] - 109:25,

110:7, 110:8, 112:23,

120:22, 150:19,

152:17

cruise [59] - 4:6, 7:9,

9:8, 9:14, 10:4, 12:24,

13:1, 13:3, 26:20,

59:9, 68:7, 68:14,

68:24, 69:15, 85:12,

95:12, 99:17, 99:21,

101:5, 101:12,

101:17, 101:22,

102:2, 102:21,

102:22, 103:4, 103:5,

103:7, 103:9, 103:19,

104:11, 105:4,

106:13, 106:22,

107:7, 108:13, 111:3,

111:7, 111:11,

111:12, 114:12,

114:23, 116:2, 116:7,

116:13, 116:16,

117:6, 117:13, 118:7,

5

119:7, 128:20, 129:4,

131:21, 151:8,

152:17, 155:11,

155:14, 156:12,

156:13

cruises [25] - 99:18,

99:22, 100:1, 100:2,

100:25, 102:6,

102:11, 102:17,

102:25, 103:1,

103:12, 103:13,

104:3, 104:8, 104:15,

104:20, 104:23,

104:24, 104:25,

117:13, 118:23,

129:6, 131:20

cruising [3] - 99:20,

99:25, 127:14

crystal [1] - 61:19

cuff [8] - 25:1, 35:23,

43:15, 43:19, 46:2,

55:18, 90:19, 90:25

culture [1] - 81:11

current [2] - 21:21,

21:22

cursor[1] - 126:17

curtailed [2] - 77:6,

77:7

cushion [8] - 136:9,

136:10, 136:12,

137:3, 137:16,

137:17, 138:20,

149:13

cushions [1] -

136:15

customs [1] - 114:5

cutout [2] - 69:24,

69:25

cycle [1] - 5:15

D

dad [2] - 20:24,

52:19

daily [1] - 13:9

damage [2] - 150:6,

150:9

dancing [3] - 65:25,

66:3, 66:5

DARRIN [1] - 1:11

DATE[1] - 164:10

date [16] - 7:11,

12:11, 18:2, 18:25,

22:2, 22:3, 22:5, 24:5,

26:17, 44:22, 45:10,

58:6, 105:20, 105:21,

105:24, 106:1

Date [1] - 6:13

dates [1] - 17:20

daughter[4] - 29:23,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 169 of

183
76:8, 89:12, 89:21

days [17] - 6:24,

33:17, 49:1, 49:2,

49:3, 49:4, 49:12,

49:17, 55:3, 57:10,

62:4, 62:6, 79:16,

101:20, 122:13

deal [1] - 52:13

death [1] - 47:22

December[19] -

10:14, 11:17, 11:21,

12:20, 15:9, 15:10,

16:11, 18:1, 18:3,

18:7, 19:4, 20:18,

37:17, 66:18, 161:1,

161:4, 161:8, 161:9,

162:12

decided [1] - 10:14

deck [3] - 117:20,

118:1, 131:17

deckhands [1] -

132:8

decline [2] - 44:1,

54:22

defendant [1] - 1:9

DEFENDANT[1] -

1:18

defense [4] - 12:9,

41:7, 64:5, 64:17

degrees [2] - 27:13,

37:11

deltoid [2] - 13:12,

13:13

demonstrative [1] -

20:1

denies [1] - 13:15

deny [2] - 131:1,

131:3

depicted [4] -

144:25, 145:9,

145:13, 159:17

deposition [10] -

94:22, 95:1, 95:9,

117:22, 154:17,

155:2, 156:24, 157:4,

157:7, 161:18

depression [1] - 89:7

deprivation [3] -

86:2, 86:8

DEPUTY[1] - 3:2

derive [1] - 77:9

describe [4] - 15:12,

16:10, 16:12, 134:15

described [2] -

61:16, 124:14

describes [1] - 54:21

describing [4] -

134:19, 134:20,

138:24, 146:18

desire [3] - 52:14,

52:15

desk [1] - 153:4

detector[5] - 75:21,

75:22, 75:25, 76:2,

76:4

deteriorates [1] -

97:22

detrimental [2] -

95:22, 96:9

device [2] - 63:2,

63:11

diagnosed [3] -

94:19, 95:13, 95:15

DIAZ [2] - 2:2,

164:10

Diaz [1] - 164:9

dice [2] - 98:15,

98:18

die [3] - 5:17, 52:22,

96:15

died [1] - 98:14

difference [4] -

75:12, 75:13, 93:12,

109:23

differences [1] -

88:14

different [17] - 33:16,

70:3, 70:4, 77:24,

110:5, 120:3, 123:8,

123:11, 123:12,

133:2, 133:4, 133:6,

134:13, 158:18,

159:17, 160:11

differently [2] - 57:3,

159:20

difficult [3] - 89:18,

89:19, 89:20

diminish [1] - 56:10

diminished [1] -

56:15

dinner [9] - 79:18,

79:19, 79:20, 79:21,

118:23, 119:1, 119:2,

119:3

dinners [1] - 65:14

direct [3] - 115:2,

157:3, 161:20

DIRECT [1] - 3:23

Direct [1] - 2:9

direction [3] - 137:9,

138:12, 143:5

directly [5] - 33:21,

111:14, 138:6, 138:8,

139:6

directs [1] - 115:8

discharged [4] -

34:7, 41:5, 41:15,

84:17

discipline [1] - 66:9

disclosed [1] -

105:10

discomfort [1] -

91:18

discussed [1] -

96:24

diseases [1] - 96:17

disembarkation [2] -

121:16, 121:21

disembarking [1] -

123:23

dish [2] - 80:22, 81:1

dishes [3] - 80:17,

81:2, 81:10

dishwasher[2] -

80:16, 80:17

dispute [8] - 100:21,

117:15, 117:17,

117:25, 121:4, 152:9,

152:10, 152:11

disputing [2] - 118:2,

121:10

distance [4] - 75:8,

142:6, 142:8, 145:4

distances [1] - 48:23

distinction [1] -

119:23

distress [1] - 33:25

DISTRICT [3] - 1:1,

1:1, 1:12

District [2] - 2:3,

164:11

disturb [1] - 30:21

dive [1] - 90:16

diverted [1] - 66:10

DIVISION [1] - 1:2

divorce [4] - 67:16,

87:15, 87:16, 87:19

divorced [1] - 87:16

dock [3] - 4:6,

131:14, 150:14

docket [1] - 71:8

docking [3] - 146:24,

147:25, 149:23

docks [2] - 109:10,

126:3

doctor [14] - 7:18,

8:5, 11:2, 11:22,

13:22, 13:24, 24:22,

51:25, 59:9, 65:1,

65:2, 95:11, 95:12

doctor's [5] - 37:5,

48:13, 98:24, 99:7,

99:13

doctors [9] - 41:14,

41:17, 65:6, 87:1,

96:19, 96:22, 97:8,

98:8, 99:3

doctors' [1] - 41:3

document [10] -

27:8, 106:17, 106:18,

106:19, 112:1,

112:11, 112:12,

113:6, 113:9, 151:4

documents [5] -

110:18, 110:19,

111:6, 114:12, 116:12

dog [4] - 75:1, 75:4,

75:5, 75:7

Dolores [2] - 3:11,

59:3

done [9] - 18:20,

31:12, 46:23, 48:10,

57:25, 61:10, 128:8,

156:5, 159:12

dough [2] - 81:2,

81:10

down [46] - 8:4, 16:5,

16:13, 16:16, 16:23,

18:25, 24:15, 26:6,

26:8, 39:2, 44:8,

44:15, 61:9, 64:1,

66:8, 67:19, 73:5,

75:2, 75:3, 75:18,

82:14, 82:19, 83:23,

84:6, 84:11, 85:14,

85:19, 91:12, 91:17,

94:16, 107:23,

118:24, 128:3,

136:19, 148:22,

149:1, 155:3, 155:4,

157:14, 157:24,

158:11, 158:18,

158:23, 160:15

downwards [1] -

156:21

dozens [1] - 156:6

Dr [90] - 10:15,

10:17, 10:22, 10:24,

11:14, 11:15, 11:17,

11:19, 11:20, 11:24,

12:8, 12:14, 12:23,

14:5, 14:16, 14:22,

14:24, 15:7, 16:11,

18:11, 18:14, 18:16,

19:2, 19:11, 19:12,

19:14, 19:16, 19:19,

19:22, 20:7, 21:5,

21:7, 21:9, 21:20,

22:5, 22:8, 22:10,

23:3, 23:7, 24:8, 24:9,

24:11, 24:12, 24:24,

26:14, 28:7, 34:7,

34:15, 34:16, 35:4,

35:17, 36:25, 37:19,

39:7, 41:6, 42:3, 42:8,

46:1, 49:18, 56:18,

57:7, 57:10, 57:16,

57:18, 57:19, 58:6,

58:9, 58:11, 58:13,

58:19, 60:14, 61:15,

6

61:20, 61:22, 62:1,

62:3, 62:8, 62:9,

62:12, 62:15, 62:18,

62:20, 62:22, 63:13,

72:5, 72:9, 72:13

drawn [1] - 88:5

Dream [3] - 101:16,

104:5, 104:18

dress [1] - 78:23

dressed [1] - 81:14

drew [1] - 135:23

drive [11] - 31:16,

31:17, 31:20, 31:21,

48:23, 48:24, 48:25,

49:18, 49:19, 77:19,

77:22

driven [2] - 77:15,

132:17

driver[7] - 131:16,

132:23, 143:10,

143:12, 143:13,

146:12, 146:13

driving [8] - 40:9,

77:13, 77:15, 77:16,

77:23, 131:23, 132:12

drop [2] - 81:1

drove [2] - 49:23,

77:25

dryer[5] - 75:2,

78:14, 78:16, 78:17,

78:18

during [17] - 10:6,

15:13, 24:18, 30:11,

38:21, 40:12, 50:14,

53:4, 70:4, 86:3, 86:4,

86:5, 89:7, 91:24,

115:13, 130:20, 163:2

E

e-mailed [1] - 64:17

ear[1] - 16:15

early [4] - 34:2, 34:4,

63:19, 88:4

ease [1] - 32:10

easily [2] - 36:3,

51:15

easy [2] - 17:9, 17:11

edge [5] - 128:15,

142:7, 142:15, 149:15

education [1] - 89:13

egress [1] - 75:24

eight [6] - 85:13,

93:12, 93:13, 93:15,

94:12

either[11] - 14:16,

30:12, 47:20, 65:6,

87:19, 87:21, 125:16,

128:12, 132:22,

141:7, 156:21

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 170 of

183
electricity [2] - 51:1,

51:2

elevate [1] - 36:18

elevation [1] - 36:16

embarkation [5] -

116:25, 121:16,

122:21, 124:10, 127:1

embarking [1] -

123:12

Emi [1] - 67:3

Emiliana [3] - 67:2,

67:5, 67:8

Emiliano [1] - 67:4

empty [1] - 144:21

emptying [2] - 80:16,

80:17

enclosed [3] -

134:24, 135:1

encounter[1] -

35:24

end [16] - 4:2, 32:23,

37:22, 38:14, 51:11,

52:24, 56:19, 58:22,

66:7, 70:17, 71:7,

86:5, 86:6, 120:24,

141:7

ended [2] - 34:5,

34:23

ending [1] - 115:19

ends [3] - 34:24,

79:1, 141:18

energy [1] - 86:3

enjoy [2] - 77:8,

132:3

enjoyment[4] - 77:6,

77:7, 77:9, 77:11

entire [4] - 57:19,

90:7, 146:9, 158:2

entitled [3] - 112:3,

112:4, 164:5

epaulets [1] - 124:22

Epic [14] - 68:24,

99:17, 103:4, 103:6,

103:20, 103:25,

104:6, 104:22, 105:3,

109:22, 110:4,

124:15, 128:25,

129:22

era [13] - 70:14, 71:2,

71:7, 71:13, 71:21,

72:2, 72:16, 72:18,

72:21, 74:10, 82:9,

82:10

eras [1] - 70:4

especially [1] - 52:24

ESQ [4] - 1:14, 1:18,

1:18, 1:21

essentially [2] -

100:25, 162:22

estate [2] - 75:17,

88:4

Estate [1] - 39:16

estimate [3] - 4:21,

148:3, 154:21

estimated [1] - 94:12

etcetera [3] - 21:24,

25:20, 35:24

evaluation [1] -

42:19

Evaluation [1] -

54:15

event [10] - 119:9,

120:20, 124:14,

132:18, 133:21,

136:22, 144:13,

145:2, 147:11, 147:20

eventually [2] -

32:18, 32:19

evidence [7] - 6:10,

31:8, 34:11, 53:12,

65:1, 110:25, 151:5

exact [1] - 58:5

exactly [4] - 28:13,

103:21, 107:4, 128:10

exam [2] - 60:19,

62:22

examination [14] -

23:4, 35:25, 36:13,

42:9, 44:15, 55:9,

57:18, 57:19, 58:2,

58:18, 60:9, 61:15,

61:16, 62:7

EXAMINATION[2] -

3:23, 90:12

examine [3] - 12:1,

14:5, 14:7

examined [2] -

14:16, 57:18

examining [3] -

60:11, 60:12, 63:13

example [9] - 19:23,

26:2, 32:10, 54:8,

74:19, 75:14, 75:16,

86:16, 102:19

exams [1] - 57:25

except [1] - 139:20

EXCERPT [1] - 3:1

excruciating [2] -

16:17, 33:9

excursion [11] -

118:19, 120:14,

120:15, 150:16,

151:23, 152:3, 152:7,

152:15, 153:16,

155:14

excursions [5] -

151:21, 152:1,

152:14, 153:19,

155:12

excuse [5] - 15:3,

38:14, 43:22, 45:15,

78:18

exercise [2] - 32:23,

51:15

exercises [1] - 50:9

exhausted [1] - 86:7

Exhibit [44] - 6:13,

6:25, 7:5, 7:8, 12:22,

21:4, 21:13, 22:7,

22:11, 23:25, 29:22,

30:1, 35:21, 42:7,

54:1, 54:3, 54:4,

68:16, 68:18, 69:18,

84:22, 100:4, 110:16,

110:25, 112:16,

117:1, 117:4, 121:20,

123:24, 124:11,

127:3, 133:12,

133:16, 136:8,

136:17, 136:18,

144:24, 144:25,

145:14, 147:6, 151:2,

151:3

exhibit [9] - 4:24,

12:22, 54:2, 106:9,

119:14, 137:24,

140:15, 145:9, 145:17

exhibits [1] - 105:10

exist [1] - 135:18

exit [1] - 150:11

exited [2] - 150:9,

150:14

exotic [1] - 131:12

expected [2] - 89:11,

89:12

experience [4] -

24:21, 51:12, 127:21,

131:19

experienced [2] -

126:8

expert [1] - 161:21

explain [2] - 47:14,

53:4

explained [6] - 46:2,

46:4, 46:15, 47:7,

47:13, 47:15

extend [1] - 141:17

extinguisher[1] -

75:23

extremely [3] -

81:12, 86:15, 150:5

F

face [2] - 133:6,

144:11

faces [1] - 133:2

facing [9] - 140:7,

140:13, 140:14,

140:25, 142:17,

142:18, 143:1,

150:12, 150:13

fact [6] - 20:13, 25:4,

25:8, 68:15, 97:9,

159:18

Fagenson [4] - 95:2,

156:25, 157:2, 157:5

fail [1] - 90:3

failed [3] - 89:23,

89:24, 91:19

failing [1] - 89:24

fair[5] - 9:2, 39:12,

79:22, 87:25, 156:1

fairness [1] - 161:6

fall [5] - 83:5, 85:7,

101:8, 102:21, 102:22

falls [1] - 40:21

false [2] - 155:1,

159:21

familiar[2] - 111:9,

142:12

family [7] - 65:13,

81:11, 88:20, 88:23,

89:11, 99:21, 99:22

fanny [5] - 122:9,

122:12, 122:15,

124:4, 127:10

far[3] - 31:16,

125:16, 138:11

Fascination [3] -

101:19, 104:5, 104:23

fast [2] - 35:19,

150:5

faster[1] - 4:21

fatigue [5] - 76:10,

86:1, 86:3, 86:9

favorite [1] - 81:2

FCRR [2] - 2:2,

164:10

February [9] - 15:6,

24:25, 95:10, 102:2,

103:15, 129:12,

129:13, 158:15,

159:12

feet [11] - 52:18,

52:19, 75:21, 75:22,

75:23, 89:15, 142:9,

142:10, 142:12,

142:13, 142:15

fell [2] - 13:1, 14:19

fellow [1] - 126:5

felt [6] - 17:16, 38:7,

38:9, 53:5, 53:7, 56:2

few [6] - 55:2, 66:1,

102:16, 108:10,

110:6, 160:11

fibrosis [2] - 5:12,

5:20

figure [2] - 92:13,

137:18

7

figured [1] - 37:13

file [2] - 87:19, 87:23

fill [1] - 114:5

filled [3] - 7:9, 7:11,

52:6

final [2] - 63:22,

107:11

finally [4] - 24:19,

39:16, 90:4, 124:10

fine [19] - 11:21,

12:13, 14:4, 19:7,

21:16, 26:24, 27:10,

35:1, 44:25, 45:1,

51:22, 56:8, 60:6,

88:9, 102:24, 116:18,

120:2, 160:21, 162:13

finish [7] - 82:3,

89:13, 97:2, 116:2,

123:21, 127:13,

156:18

fire [1] - 75:23

FIRM [1] - 1:15

first [73] - 6:6, 6:16,

7:18, 9:7, 10:1, 12:14,

12:23, 14:23, 15:9,

15:17, 16:22, 17:3,

17:8, 19:2, 22:5, 22:8,

22:10, 24:17, 24:20,

25:14, 25:20, 26:9,

28:16, 28:20, 37:22,

38:7, 38:9, 38:10,

38:23, 42:9, 45:2,

45:3, 45:4, 45:19,

46:16, 46:22, 47:3,

48:16, 48:17, 48:18,

49:21, 53:15, 53:17,

53:25, 56:3, 56:4,

56:6, 56:18, 57:15,

58:11, 60:2, 62:9,

64:10, 65:10, 70:5,

70:23, 71:12, 82:7,

84:13, 84:16, 89:23,

98:2, 98:5, 99:21,

100:4, 100:9, 105:3,

129:1, 129:16,

139:25, 158:4

fitting [2] - 81:16,

81:19

five [13] - 15:18,

26:18, 49:9, 51:4,

73:2, 74:14, 75:23,

85:11, 104:5, 115:21,

124:25, 125:7

Five [1] - 22:1

five-pound [1] -

75:23

fix [1] - 46:24

flat [3] - 135:13,

135:20, 155:15

flavor[2] - 86:17,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 171 of

183
86:21

flex [1] - 61:13

flip [1] - 111:19

flip-flop [1] - 111:19

Floor [2] - 2:4,

164:11

floor [5] - 65:17,

65:21, 67:19, 145:5,

145:6

flop [1] - 111:19

FLORIDA [1] - 1:1

Florida [5] - 1:4,

1:16, 1:20, 2:4,

164:12

fluctuates [1] - 37:10

focusing [1] - 15:17

folks [1] - 49:7

follow [3] - 99:15,

137:24, 138:4

followed [3] - 99:10,

99:14, 119:6

following [13] -

18:22, 18:23, 26:16,

71:24, 99:4, 99:7,

101:8, 101:16,

101:19, 103:11,

104:13, 142:2

font [1] - 113:2

foot [1] - 50:17

FOR [3] - 1:14, 1:18,

2:10

foregoing [1] - 164:3

foreshadowing [1] -

21:9

forever[1] - 83:2

forget [1] - 18:12

form [2] - 8:8, 47:21

former[1] - 23:22

Former[1] - 24:1

forth [4] - 4:10, 17:4,

50:13

forty [1] - 87:12

forward [16] - 12:14,

22:13, 25:6, 35:18,

36:19, 45:21, 57:4,

59:13, 61:23, 103:6,

140:8, 140:13,

140:14, 142:17,

142:18, 143:1

Forward [1] - 36:16

forward-facing [2] -

140:13, 140:14

four [30] - 8:20, 9:19,

9:20, 13:8, 15:10,

17:22, 19:1, 25:13,

29:19, 31:2, 31:6,

50:2, 61:7, 64:23,

65:3, 65:5, 67:19,

67:23, 82:10, 84:3,

84:7, 103:9, 104:5,

104:11, 120:22,

120:24, 124:25, 132:8

fourth [1] - 4:13

FPR [2] - 2:2, 164:10

frame [1] - 123:12

France [2] - 69:19,

128:17

free [3] - 35:11, 49:3,

161:10

frequency [6] -

15:12, 31:5, 73:7,

73:11, 84:9

frequent [1] - 84:11

Friday [1] - 69:4

front [16] - 123:5,

124:4, 137:7, 140:2,

140:3, 140:13,

140:14, 140:24,

140:25, 144:4,

144:17, 144:18,

147:7, 150:12,

150:13, 153:4

frozen [1] - 45:4

full [12] - 29:14,

35:14, 102:20,

139:22, 139:23,

140:2, 154:6, 154:13,

158:6, 162:22

full-time [1] - 29:14

function [6] - 5:13,

42:21, 43:3, 44:1,

54:18, 54:22

future [5] - 74:10,

83:3, 83:4, 88:17,

88:18

G

gained [1] - 69:8

gangway [2] -

109:16, 117:5

gap [1] - 142:15

gate [1] - 124:20

GAYLES[1] - 1:11

geared [1] - 130:11

gears [2] - 65:8,

116:16

general [2] - 20:6,

103:15

generally [4] - 17:21,

101:6, 101:7, 102:18

generates [1] - 5:7

gentleman [1] -

125:13

Georgetown [5] -

108:25, 109:4, 109:6,

109:8, 109:18

giant [1] - 95:25

given [2] - 51:18,

157:21

glare [2] - 105:21,

108:17

Glenn [1] - 66:14

gliding [1] - 77:23

Glory [3] - 101:14,

104:5, 104:14

goal [1] - 17:12

goals [1] - 55:14

gold [1] - 151:22

goniometer[2] -

63:2, 63:5

Goodman [1] - 3:8

GOODMAN [19] -

1:15, 3:8, 7:1, 7:4,

9:15, 19:24, 34:17,

34:20, 34:22, 34:24,

44:23, 53:17, 53:20,

54:3, 58:7, 58:12,

58:15, 64:15, 68:16

goodness [1] -

160:13

grab [1] - 73:22

grabbed [1] - 128:11

grades [1] - 13:14

gradually [1] - 32:1

graduate [1] - 89:6

Grand [1] - 109:10

grandchildren [9] -

10:5, 65:15, 66:20,

66:21, 76:21, 76:24,

77:3, 82:23, 120:1

grandkids [4] -

67:19, 77:10, 77:12,

88:23

grandkids' [1] -

66:24

grandma [1] - 82:24

great [4] - 53:3, 53:5,

79:22, 162:23

Green [3] - 10:22,

23:3, 23:6

green [1] - 10:24

Gregory [1] - 19:12

grouchy [1] - 86:11

ground [1] - 80:5

group [1] - 23:8

growing [1] - 89:6

guarded [1] - 77:21

guess [14] - 9:12,

15:25, 17:13, 25:25,

36:13, 46:25, 54:22,

70:11, 84:3, 96:4,

97:19, 113:1, 136:20,

152:8

guessing [1] - 81:8

guesstimate [1] -

154:22

guest [6] - 111:3,

111:25, 112:3, 112:4,

112:25, 113:13

guests [2] - 126:6,

127:4

guide [3] - 48:24,

49:19, 155:6

guys [1] - 153:4

H

hair [1] - 81:22

half [20] - 27:21,

51:7, 51:10, 62:11,

62:13, 62:14, 85:5,

92:10, 92:16, 93:5,

94:8, 161:6, 161:11,

161:19, 161:22,

161:25, 162:1, 162:2,

162:3

half-moon [1] -

27:21

Halloween [1] -

37:11

hammer[4] - 80:4,

80:5, 80:6, 80:8

hand [29] - 6:22,

7:15, 7:16, 7:17, 7:21,

7:22, 7:24, 8:4, 13:2,

14:19, 16:13, 16:16,

16:23, 17:3, 30:4,

30:5, 48:24, 48:25,

77:25, 81:23, 81:25,

82:2, 83:11, 91:12,

94:17, 122:15,

125:14, 131:17,

148:17

handed [2] - 6:23,

80:14

handhold [2] -

128:14, 128:15

hands [3] - 50:21,

123:5, 127:10

handwriting [5] -

6:10, 6:19, 6:22, 7:14,

7:15

hang [2] - 78:22,

78:23

happiness [2] - 86:9,

86:10

happy [5] - 11:24,

12:5, 48:3, 69:6, 69:7

hard [1] - 160:17

harder[1] - 27:3

Harestad [1] -

161:21

harms [1] - 96:6

hat [5] - 65:23,

65:25, 66:4, 66:7

Hawaii [3] - 101:9,

107:12, 108:6

head [5] - 66:4, 66:8,

75:15, 81:18, 89:8

8

heal [1] - 46:7

heals [1] - 27:6

health [8] - 5:8,

95:23, 96:9, 96:23,

97:17, 98:11, 98:19,

98:20

hear[2] - 8:9, 58:4

heard [5] - 35:3,

57:21, 57:24, 58:2,

75:11

hearing [3] - 98:2,

98:6, 161:9

hearts [1] - 77:5

heavy [1] - 39:22

height [6] - 144:25,

145:1, 145:3, 145:4,

145:5

held [4] - 27:4,

154:8, 154:9, 155:15

help [19] - 13:5, 13:6,

13:9, 13:10, 25:3,

25:5, 39:20, 39:21,

51:3, 81:20, 82:25,

83:1, 83:2, 88:20,

89:7, 95:16, 132:10

helping [1] - 26:5

hereby [1] - 164:3

herself [2] - 74:25

HEYWARD [1] - 1:14

Hickey [4] - 3:6,

53:8, 63:16, 93:23

HICKEY [62] - 1:14,

1:15, 2:12, 3:6, 3:18,

3:22, 3:24, 7:7, 8:11,

8:12, 9:16, 9:17, 18:2,

18:5, 20:3, 20:4,

22:17, 34:18, 34:21,

34:23, 35:1, 35:2,

35:16, 35:20, 41:11,

44:24, 52:11, 53:10,

53:13, 53:15, 53:19,

53:21, 54:4, 54:7,

55:8, 55:16, 58:5,

58:8, 58:13, 58:16,

59:13, 59:21, 59:22,

63:22, 64:13, 64:16,

64:21, 68:17, 73:24,

90:9, 105:9, 106:16,

110:18, 133:13,

158:2, 160:24, 161:1,

162:7, 162:9, 162:13,

162:15, 162:23

high [2] - 52:8, 89:6

higher [4] - 145:21,

147:12, 147:15

highlight [2] - 21:14,

112:21

highlighted [1] -

107:7

highlights [1] - 151:1

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 172 of

183
Highlights [1] - 10:2

History [1] - 54:9

history [9] - 23:24,

36:2, 42:10, 42:11,

42:16, 43:12, 60:21,

61:1

hit [3] - 12:25, 37:16,

148:23

Hold [1] - 97:1

hold [15] - 19:24,

47:1, 60:22, 75:4,

75:25, 80:20, 80:22,

127:22, 127:24,

127:25, 128:5, 128:6,

128:8, 128:9, 128:10

holding [6] - 27:15,

50:18, 65:25, 66:7,

127:10, 128:4

holes [1] - 14:12

holiday [2] - 65:14,

79:20

holidays [2] - 19:6,

37:15

Holland [3] - 129:8,

129:9, 129:16

home [24] - 9:20,

9:22, 10:8, 10:9,

10:10, 10:12, 13:7,

26:5, 26:20, 28:7,

30:6, 31:17, 39:3,

39:20, 49:7, 49:12,

49:14, 49:15, 49:17,

51:5, 53:22, 66:10,

87:6, 114:11

Home [2] - 49:6

homes [1] - 142:12

Hommen [13] - 57:7,

57:18, 57:19, 58:6,

58:9, 58:19, 60:14,

61:15, 61:20, 61:22,

62:12, 62:18, 63:13

Hommen's [1] -

62:15

honest [1] - 157:20

honestly [2] - 14:2,

52:22

honeycomb [1] -

5:13

Honor [12] - 3:6, 3:8,

3:20, 20:3, 53:15,

53:24, 59:11, 64:2,

90:9, 105:13, 106:11,

162:23

HONORABLE [1] -

1:11

hook [1] - 40:3

hope [1] - 71:19

horizontal [1] -

149:16

horrible [1] - 60:15

hospital [2] - 48:8,

48:10

hot [3] - 15:23, 16:4,

32:20

hotel [1] - 152:23

hour [12] - 32:1,

51:7, 51:10, 62:11,

62:13, 62:14, 62:21,

85:5, 161:15, 161:18

hours [14] - 26:9,

38:25, 39:4, 83:7,

83:18, 85:10, 85:11,

85:12, 85:13, 161:18,

161:19, 161:20

HOUSE [1] - 1:21

house [9] - 28:21,

29:18, 31:16, 48:18,

48:19, 65:16, 89:8,

89:21

household [1] -

39:23

housekeepers [1] -

152:24

houses [1] - 89:9

housework [1] -

65:13

Hs [1] - 52:19

human [3] - 90:6,

90:7

hundred [5] - 44:16,

44:17, 61:19, 154:14,

154:16

hundreds [1] - 156:6

hurt [5] - 51:14, 80:9,

91:8, 125:9, 150:4

hurting [2] - 91:8,

98:4

husband [38] - 4:9,

5:7, 5:12, 9:8, 26:5,

30:21, 39:20, 74:19,

78:12, 78:25, 79:21,

79:22, 82:17, 82:25,

86:12, 87:9, 87:13,

88:20, 88:23, 106:6,

108:21, 119:2, 122:5,

123:1, 123:17, 124:8,

125:12, 125:13,

125:16, 138:14,

138:16, 140:4, 140:6,

141:24, 143:23,

146:7, 148:8, 152:4

husband's [3] -

107:21, 107:23, 112:6

HX [1] - 43:12

hyperventilates[1] -

5:14

hyperventilating[1]

- 5:16

I

idea [6] - 117:21,

126:13, 132:17,

148:9, 153:21, 159:12

identification [1] -

110:19

illness [2] - 42:16,

54:10

imagine [7] - 56:11,

91:25, 100:19, 101:7,

117:12, 119:20,

119:22

imagined [1] -

119:23

immediate [4] - 13:3,

86:22, 125:1, 139:19

immediately [5] -

22:4, 26:11, 48:20,

59:3, 71:24

immigration [1] -

114:5

impact [1] - 150:4

impairment [4] -

42:19, 42:24, 54:15,

54:16

impairments [1] -

72:19

impeach [1] - 106:14

impeachment [3] -

105:12, 106:20, 107:2

imply [1] - 97:19

important [8] - 77:3,

81:11, 81:12, 87:9,

87:10, 88:22, 88:24,

89:2

IN [1] - 1:21

IN-HOUSE [1] - 1:21

inches [2] - 142:10,

148:11

incident [8] - 6:13,

64:13, 95:11, 157:11,

157:15, 157:25,

158:8, 158:12

include [1] - 93:20

including [5] - 9:20,

62:13, 77:16, 112:25,

113:1

incorrect [1] -

154:24

increase [1] - 32:14

increased [1] - 37:9

increases [1] - 96:16

increasing [1] -

32:15

indented [1] - 141:7

independent [5] -

44:4, 89:3, 89:5,

89:16, 89:18

indicate [1] - 133:19

indicated [2] - 23:24,

63:16

indicating [1] -

107:11

infirmary [2] - 6:7,

6:23

information [5] -

114:6, 114:8, 114:11,

116:11, 155:9

initial [2] - 72:22,

121:16

injection [1] - 9:5

injunction [1] - 161:9

injured [6] - 28:10,

40:21, 40:25, 149:20,

149:22, 149:23

injuries [1] - 10:11

injury [4] - 22:20,

82:5, 90:4, 125:17

inside [4] - 135:10,

135:11, 135:12, 150:6

insidious [1] - 43:6

insisted [1] - 52:5

inspection [1] -

75:19

instance [1] - 111:22

instead [1] - 47:17

instruct [1] - 163:1

instructions [2] -

99:4, 99:7

intention [1] - 11:23

intentionally [3] -

154:18, 154:19, 155:1

interact [3] - 65:20,

131:25, 132:2

interaction [5] -

132:7, 132:10,

132:11, 132:20,

132:22

interested [1] - 21:23

interferes [1] - 86:10

interim [1] - 102:20

intermediate [1] -

115:21

intermittent [3] -

93:21, 94:6, 94:10

intermittently [2] -

98:23, 99:6

international [1] -

116:7

interrogatories [4] -

100:10, 100:15,

100:24, 102:7

interrogatory [1] -

102:12

interrupt [1] - 22:12

interrupted [4] -

83:22, 84:5, 85:18,

85:21

interruption [2] -

9

86:2, 86:8

interval [5] - 102:11,

102:13, 104:8, 104:9,

130:21

introduced [1] -

130:2

invoke [1] - 163:4

involved [1] - 12:10

iPad [1] - 40:3

irrelevant[1] - 59:12

Isis [1] - 3:10

Island [1] - 109:18

Islands [2] - 108:25,

109:7

issue [3] - 81:20,

82:7, 128:11

Italian [3] - 81:2,

81:8, 89:11

Italy [1] - 118:10

itineraries [1] - 107:6

itinerary [1] - 112:16

IV's [1] - 30:5

J

Jack [1] - 3:6

jacket [1] - 122:3

jammed [3] - 13:2,

14:20, 149:18

January [15] - 37:17,

37:22, 37:23, 38:12,

39:9, 39:10, 68:1,

68:4, 101:14, 101:16,

101:19, 104:14,

104:17, 104:22, 164:9

Jersey [4] - 37:9,

39:2, 48:12, 52:3

job [2] - 80:2, 89:14

JOHN [1] - 1:14

John [4] - 66:25,

67:2, 67:6, 67:7

Joint [13] - 7:5, 7:8,

12:22, 21:4, 42:7,

54:1, 54:3, 110:25,

117:4, 121:20,

123:24, 133:16, 147:6

joint [5] - 23:25,

29:22, 35:21, 45:5,

124:11

jolted [2] - 13:1,

14:19

Jomar[3] - 132:17,

132:22, 133:8

Jomar's [1] - 133:6

JP [1] - 67:2

Judge [7] - 41:9,

52:9, 54:5, 64:13,

105:9, 161:6, 161:13

JUDGE [1] - 1:12

July [12] - 31:2, 34:6,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 173 of

183
34:12, 34:13, 34:19,

34:25, 72:4, 72:14,

72:23, 90:22, 90:24

June [17] - 23:10,

23:13, 23:21, 48:4,

49:5, 49:25, 53:23,

53:24, 53:25, 54:1,

55:20, 55:25, 56:5,

71:15, 71:16, 71:24,

72:11

JURY [1] - 1:11

K

keep [5] - 17:12,

17:17, 76:8, 85:3,

89:8

keeping [2] - 72:25,

119:13

Kelly [5] - 66:14,

66:18, 66:22, 67:10,

67:13

Kenneth [1] - 10:18

kept [3] - 32:15,

32:20, 119:11

kids [3] - 66:11,

66:19, 66:21

kill [1] - 96:14

kills [3] - 96:3, 96:7,

96:13

kind [13] - 6:11,

15:24, 27:4, 37:17,

50:9, 50:23, 70:14,

72:2, 72:16, 75:7,

94:2, 119:6, 125:13

king [1] - 77:12

kitchen [1] - 75:24

knee [6] - 10:20,

10:23, 10:24, 22:20,

22:21, 23:2

knowledge [1] -

133:10

known [1] - 128:13

knows [1] - 28:10

Kona [4] - 107:6,

107:11, 107:12, 108:6

L

lack [6] - 27:20,

52:15, 83:9, 86:11,

99:11, 151:7

ladder[1] - 76:1

lady [1] - 157:4

laid [1] - 30:14

language [1] -

115:10

larger[1] - 142:4

last [38] - 4:21, 8:20,

13:23, 25:2, 26:2,

34:14, 34:16, 34:18,

35:3, 35:16, 51:6,

57:6, 57:25, 62:10,

62:12, 64:23, 65:2,

65:5, 67:13, 72:3,

72:4, 72:9, 72:13,

72:21, 74:10, 76:18,

82:10, 100:12, 101:1,

112:25, 139:25,

140:1, 140:2, 152:15,

158:16, 158:20,

158:22, 158:23

late [2] - 153:17,

155:5

lateral [2] - 13:12,

44:6

laundry [1] - 39:23

LAW [1] - 1:15

Law [3] - 10:15, 11:2,

11:24

Law's [1] - 12:8

lawyer[4] - 12:10,

41:7, 100:7, 159:11

lay [1] - 85:23

layout [1] - 146:4

lead [1] - 55:17

leading [1] - 52:9

learn [3] - 52:17,

52:18, 74:25

least [2] - 71:19,

75:18

leave [6] - 64:8,

64:10, 64:11, 69:14,

78:7, 155:16

leaves [1] - 28:11

leaving [5] - 120:12,

122:19, 123:23,

155:23, 158:3

left [36] - 4:2, 7:15,

7:16, 7:17, 16:23,

22:21, 23:2, 30:4,

30:5, 30:14, 48:24,

49:19, 60:12, 61:11,

61:23, 74:13, 74:15,

74:17, 74:21, 75:5,

75:6, 77:23, 80:12,

80:13, 81:23, 81:25,

82:2, 130:23, 138:13,

138:16, 139:8,

142:17, 143:21,

150:14, 155:20,

160:11

leg [3] - 50:18, 140:4,

146:8

legal [1] - 115:10

legally [3] - 112:25,

113:1, 113:13

legs [3] - 128:12,

138:15, 140:4

length [1] - 146:10

less [19] - 11:13,

14:20, 15:12, 18:17,

19:1, 19:3, 31:23,

44:17, 56:5, 56:6,

56:22, 72:20, 72:23,

74:6, 74:7, 84:2,

84:19, 86:4, 103:13

level [6] - 32:9, 44:1,

54:21, 74:3, 74:4,

86:3

levels [3] - 42:20,

54:18, 54:19

levers [1] - 63:10

liability [1] - 161:21

lied [2] - 158:25

life [10] - 20:10,

20:14, 38:15, 52:18,

77:9, 77:11, 79:2,

88:18, 104:25, 105:4

lifeboat [5] - 109:21,

109:22, 110:1, 110:4,

110:8

lifeboats [3] - 110:9,

110:12, 110:13

lift [9] - 36:3, 36:18,

40:5, 50:18, 61:20,

61:22, 62:24, 75:12,

76:14

lifting [3] - 39:22,

75:14, 79:10

liftoff [1] - 36:15

light [2] - 17:9, 95:16

lightest [2] - 17:10,

50:15

likely [3] - 29:23,

79:8, 117:16

limber[1] - 17:13

limitations [5] -

48:15, 70:9, 71:5,

71:21, 72:19

Limited [1] - 3:3

LINE [2] - 1:8, 1:22

Line [6] - 109:25,

110:7, 110:8, 112:23,

150:19, 152:17

line [9] - 59:9, 95:10,

95:15, 101:23,

135:23, 153:24,

155:11, 155:14, 157:7

Line's [1] - 120:22

lines [3] - 129:4,

131:21, 152:18

link [4] - 112:23,

113:4, 113:12, 113:19

Lisa [1] - 3:8

LISA [1] - 1:15

list [2] - 8:15, 100:25

listed [2] - 101:22,

102:11

litigation [1] - 12:10

live [3] - 37:9, 67:10,

88:7

lived [2] - 37:15,

67:13

living [3] - 44:4,

82:17, 82:19

Livorno [2] - 118:9,

118:15

localized [1] - 13:11

log [1] - 116:25

look [13] - 10:5, 34:9,

35:16, 54:8, 68:23,

69:6, 69:8, 69:25,

103:17, 110:16,

131:25, 144:10,

145:25

looked [4] - 26:8,

113:16, 113:17,

113:18

looking [19] - 7:8,

21:3, 21:4, 22:7, 42:7,

73:17, 84:22, 103:16,

113:8, 117:3, 117:4,

121:21, 133:16,

136:18, 136:20,

138:18, 139:19,

147:6, 151:2

looks [2] - 42:8,

117:8

loose [1] - 81:16

loose-fitting [1] -

81:16

lose [1] - 5:13

losing [1] - 89:9

loss [1] - 94:16

lost [1] - 90:4

loud [2] - 161:14,

161:21

low [1] - 55:4

lower [4] - 27:16,

53:1, 145:7, 145:8

lowest [1] - 32:17

LTD [1] - 1:7

luggage [1] - 68:8

lunch [7] - 63:19,

64:22, 79:19, 117:19,

118:1, 119:17, 120:8

Lunch [1] - 64:20

lung [2] - 98:10,

98:14

lungs [2] - 5:13

M

ma'am [54] - 42:12,

64:1, 72:7, 83:21,

87:11, 91:15, 93:25,

94:15, 95:9, 95:22,

97:20, 99:7, 99:16,

100:3, 100:6, 100:20,

10

102:5, 102:14,

102:24, 103:3,

103:16, 105:5, 108:2,

113:9, 113:17,

116:19, 120:25,

121:22, 122:4,

124:13, 125:25,

127:5, 127:25, 134:5,

136:2, 140:10,

140:23, 142:19,

144:21, 144:22,

148:24, 150:6,

150:13, 153:13,

154:11, 154:25,

155:13, 156:10,

157:23, 158:21,

159:18, 159:25,

160:9, 160:15

maiden [1] - 88:6

mailed [1] - 64:17

main [2] - 12:25,

17:12

majority [1] - 77:11

Mallorca [3] - 9:21,

9:23, 10:1

maneuver[1] - 81:20

March [39] - 15:8,

17:22, 18:18, 20:23,

24:17, 24:20, 25:15,

28:14, 28:16, 30:23,

30:25, 31:1, 34:13,

36:25, 38:4, 38:5,

38:8, 38:23, 39:10,

40:16, 42:3, 42:5,

44:7, 45:10, 45:11,

45:12, 46:9, 56:4,

56:19, 70:6, 70:14,

70:18, 70:20, 70:22,

70:23, 71:1, 71:2,

71:12

mark [3] - 110:18,

137:10, 137:12

marked [3] - 6:12,

110:24, 151:4

marking [1] - 136:19

married [1] - 87:11

marshals [1] - 64:6

Martinez [2] - 3:11,

59:3

massage [1] - 32:24

math [1] - 104:11

matter[2] - 63:18,

164:5

Matthew [2] - 3:14,

121:24

MATTHEW[1] - 1:18

maximize [1] - 43:2

MCALPIN [51] - 1:18,

2:13, 3:12, 8:8, 8:10,

41:9, 52:9, 59:11,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 174 of

183
59:17, 64:2, 64:4,

64:7, 90:11, 90:13,

97:4, 105:12, 105:15,

105:17, 106:11,

106:13, 107:4,

107:18, 107:22,

110:16, 110:22,

110:23, 121:19,

123:7, 123:10,

126:23, 126:25,

127:2, 133:14,

133:15, 134:25,

137:11, 146:9,

146:11, 158:7,

160:13, 160:19,

160:25, 161:5,

161:13, 162:1, 162:8,

162:11, 162:16,

162:25, 163:8, 163:11

McAlpin [4] - 3:12,

41:7, 41:12, 90:14

mean [28] - 16:25,

25:18, 25:19, 25:24,

31:15, 33:8, 36:5,

36:18, 39:9, 39:10,

39:14, 59:6, 59:25,

73:10, 76:19, 78:9,

79:6, 79:16, 83:3,

84:2, 107:16, 117:12,

119:20, 127:18,

128:7, 135:9, 141:9,

141:22

meaning [3] - 44:16,

157:13, 158:10

means [4] - 42:11,

43:12, 80:18, 128:7

measured [1] - 63:6

measurement[1] -

62:25

measures [2] - 63:3,

63:11

medical [13] - 5:7,

7:20, 14:2, 19:10,

42:10, 42:11, 43:12,

60:9, 60:13, 60:21,

61:1, 95:12

Medical [1] - 48:8

medication [7] - 8:5,

8:7, 8:14, 9:3, 9:4,

13:6, 51:16

medications [3] -

8:19, 8:20, 52:15

medium [4] - 32:17,

43:14, 43:19, 50:15

Meli [19] - 19:11,

19:12, 19:14, 19:16,

19:19, 19:22, 20:7,

21:5, 21:7, 21:9,

21:20, 22:5, 22:8,

22:10, 24:8, 24:9,

24:11, 24:12

MELI [1] - 19:12

members [5] - 121:1,

124:23, 124:25,

125:24, 131:16

memory [1] - 102:9

men [4] - 122:12,

124:22, 125:3, 132:1

mentally [2] - 52:2,

128:13

mention [1] - 131:13

mentioned [1] -

26:15

Meridian [2] - 49:6

messed [1] - 58:17

Mexico [1] - 101:14

MIAMI [1] - 1:2

Miami [7] - 1:4, 1:16,

1:20, 2:3, 2:4, 164:11,

164:12

midday [1] - 116:22

middle [10] - 30:18,

87:5, 137:13, 138:15,

141:5, 141:6, 141:14,

146:5, 146:21, 162:25

midship [1] - 141:14

midway [1] - 84:16

might [1] - 53:15

milligrams [1] - 13:4

millisecond [1] -

78:10

mimic [1] - 66:6

mimom [1] - 65:18

mind [2] - 9:1,

133:25

minimum [1] - 75:20

minute [8] - 17:6,

36:1, 61:25, 69:14,

86:15, 126:24,

126:25, 129:13

minutes [9] - 17:6,

22:1, 31:25, 62:19,

66:1, 77:19, 102:16,

110:6, 160:11

miscommunicated

[1] - 59:9

miscommunication

[3] - 59:7, 59:8, 60:2

missed [4] - 59:15,

59:17, 142:18, 158:23

misspoke [2] -

121:7, 133:12

mistake [1] - 103:13

mistaken [2] -

154:16, 154:20

mistakes [1] -

154:20

misunderstood [1] -

160:8

Mobic [2] - 11:10,

13:9

modalities [1] -

55:13

moments [1] -

125:22

Monday [1] - 161:8

money [2] - 113:16,

151:14

monoxide [1] - 75:22

month [7] - 29:1,

29:3, 45:7, 48:15,

48:17, 84:8, 93:19

months [23] - 11:18,

11:19, 12:24, 15:10,

15:19, 17:22, 18:19,

19:1, 23:14, 23:16,

23:17, 26:16, 26:17,

26:18, 31:2, 31:6,

37:2, 50:2, 71:16,

103:10, 103:14,

103:22, 104:12

moon [1] - 27:21

morning [23] - 3:6,

3:8, 3:12, 3:15, 3:25,

34:2, 34:4, 121:16,

121:21, 122:18,

130:23, 130:24,

132:14, 132:16,

134:3, 134:4, 146:3,

146:4, 146:5, 146:14,

161:2, 161:10, 162:22

most [4] - 29:23,

79:8, 98:10, 117:16

mother[5] - 20:23,

81:12, 89:4, 89:5,

89:13

mother's [1] - 52:17

motion [5] - 42:20,

42:24, 54:15, 55:9,

75:2

motions [1] - 79:2

motor[1] - 40:24

Motrin [1] - 13:5

mouse [2] - 82:14,

82:20

move [10] - 5:4,

22:13, 25:6, 61:13,

83:9, 87:3, 108:17,

122:21, 160:9, 161:3

moved [4] - 30:19,

61:6, 62:24, 67:13

movement[6] - 26:2,

41:18, 41:21, 72:25,

156:9, 156:16

movements [2] -

17:15, 62:22

moving [4] - 12:14,

17:18, 127:16, 127:22

MR [118] - 2:12, 2:13,

3:6, 3:12, 3:14, 3:15,

3:18, 3:22, 3:24, 7:7,

8:8, 8:10, 8:11, 8:12,

9:16, 9:17, 18:2, 18:5,

20:3, 20:4, 22:17,

34:18, 34:21, 34:23,

35:1, 35:2, 35:16,

35:20, 41:9, 41:11,

44:24, 52:9, 52:11,

53:10, 53:13, 53:15,

53:19, 53:21, 54:4,

54:7, 55:8, 55:16,

58:5, 58:8, 58:13,

58:16, 59:11, 59:13,

59:17, 59:21, 59:22,

63:22, 64:2, 64:4,

64:7, 64:8, 64:12,

64:13, 64:16, 64:21,

68:17, 73:24, 90:9,

90:11, 90:13, 97:4,

105:9, 105:12,

105:15, 105:17,

106:11, 106:13,

106:16, 107:4,

107:18, 107:22,

110:16, 110:18,

110:22, 110:23,

121:17, 121:19,

123:7, 123:9, 123:10,

126:21, 126:23,

126:24, 126:25,

127:2, 133:13,

133:14, 133:15,

134:25, 137:11,

146:9, 146:11, 158:2,

158:7, 160:13,

160:19, 160:24,

160:25, 161:1, 161:5,

161:13, 162:1, 162:7,

162:8, 162:9, 162:11,

162:13, 162:15,

162:16, 162:23,

162:25, 163:8, 163:11

MRI [15] - 14:25,

17:11, 17:25, 18:3,

18:6, 18:8, 18:9,

44:20, 44:21, 44:22,

44:25, 45:22, 46:1,

46:19, 55:10

MS [18] - 3:8, 7:1,

7:4, 9:15, 19:24,

34:17, 34:20, 34:22,

34:24, 44:23, 53:17,

53:20, 54:3, 58:7,

58:12, 58:15, 64:15,

68:16

multipage [1] -

112:12

municipality [2] -

75:18, 75:20

muscle [1] - 35:23

11

muscles [2] - 32:24,

51:3

must [6] - 28:8, 28:9,

35:25, 44:25, 52:8,

106:22

N

name [17] - 10:18,

33:2, 60:16, 63:5,

88:1, 88:3, 88:6,

90:14, 98:13, 105:18,

108:21, 109:17,

112:3, 112:6

names [3] - 60:15,

66:13, 66:24

Naples [3] - 9:22,

9:23, 152:3

narcotic [5] - 8:7,

8:19, 51:16, 52:13,

52:15

narcotics [2] - 8:15,

8:22

Nature [1] - 44:9

nature [1] - 54:24

NCL [5] - 1:7, 3:3,

3:13, 3:16, 101:11

NCL.com [1] -

112:23

near[1] - 139:8

nearly [3] - 139:22,

154:6, 154:13

necessarily [1] -

103:1

necessary [3] - 5:21,

40:6, 59:20

neck [3] - 16:15,

51:2, 78:7

necklace [2] - 78:6,

78:12

need [12] - 52:4,

75:9, 81:19, 81:20,

82:19, 82:21, 89:20,

89:21, 91:5, 160:12,

161:6, 162:6

needed [3] - 26:23,

41:16, 161:24

needs [3] - 82:25,

140:4, 158:2

negative [3] - 13:4,

36:15, 98:11

never[11] - 65:21,

87:16, 87:24, 95:21,

98:4, 98:13, 106:15,

109:25, 110:7, 110:8,

155:16

New [4] - 37:9, 39:2,

48:12, 52:3

next [30] - 6:24, 9:12,

18:20, 26:5, 28:6,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 175 of

183
29:1, 29:19, 35:25,

37:10, 44:21, 47:6,

55:8, 55:11, 55:15,

101:11, 101:14,

101:23, 107:6, 107:8,

108:13, 117:2, 118:9,

118:14, 122:15,

122:18, 139:6,

143:23, 148:11,

148:12, 155:13

Nice [1] - 61:8

nice [3] - 61:10,

90:16, 163:11

night [15] - 30:11,

30:18, 79:18, 79:20,

83:20, 84:8, 84:12,

84:13, 84:15, 84:18,

85:2, 85:3, 85:10,

85:11

nights [3] - 85:14,

85:16, 85:18

nine [3] - 49:10,

49:12, 49:17

nine-day [1] - 49:10

NO [1] - 1:2

nobody [5] - 41:5,

127:18, 127:25,

143:25, 144:2

non [2] - 23:15,

55:18

non-smoker[1] -

23:15

none [2] - 43:25,

162:20

normal [5] - 39:19,

118:22, 128:2,

131:19, 156:5

normally [4] - 74:2,

111:16, 111:18,

122:10

North [2] - 2:3,

164:11

Norwegian [26] -

3:14, 6:7, 58:25, 60:4,

99:17, 101:5, 105:3,

108:16, 109:25,

110:3, 110:7, 110:8,

110:9, 110:13,

112:22, 120:22,

124:15, 128:25,

129:4, 129:7, 129:15,

129:22, 131:20,

150:19, 152:17,

155:22

NORWEGIAN [2] -

1:7, 1:22

Norwegian's [2] -

113:5, 155:25

note [17] - 12:8,

12:21, 12:23, 19:22,

21:6, 23:17, 35:8,

35:9, 35:17, 38:8,

42:8, 43:22, 53:24,

53:25

noted [1] - 71:9

notes [13] - 9:12,

12:19, 12:20, 12:23,

30:24, 34:5, 45:13,

45:18, 53:3, 53:8,

53:10, 54:2, 55:20

nothing [8] - 17:3,

22:23, 128:5, 128:6,

128:9, 131:12,

139:20, 156:2

nottin [2] - 52:20

November[25] - 1:5,

10:16, 34:12, 37:8,

37:9, 37:11, 38:7,

38:9, 39:9, 67:14,

70:17, 70:18, 70:20,

71:8, 71:9, 71:13,

71:16, 101:11,

103:20, 103:21,

104:17, 108:20,

109:18, 132:9

number[7] - 36:6,

45:18, 57:21, 57:24,

106:10, 148:5, 151:3

numbers [5] - 16:9,

16:10, 33:8, 33:12

numerous [2] - 21:2,

93:24

O

o'clock [1] - 63:20

oath [3] - 157:2,

158:15, 160:5

object [1] - 105:11

objection [6] - 8:8,

41:9, 52:9, 59:11,

106:23, 158:3

obvious [1] - 14:15

obviously [3] -

69:17, 69:21, 84:22

occupancy [1] -

75:17

occurred [2] - 125:4,

125:18

Ocean [2] - 48:8,

49:6

ocean [2] - 145:25

October[20] - 6:9,

12:15, 50:1, 55:21,

72:8, 100:18, 101:25,

103:4, 103:6, 103:15,

103:17, 103:19,

103:24, 104:2,

104:22, 106:7, 108:6,

116:19, 117:9, 129:22

OF [2] - 1:1, 3:1

office [11] - 18:22,

34:21, 34:22, 35:8,

35:9, 38:3, 48:13,

52:4, 58:24, 59:3,

62:15

OFFICER [3] - 22:15,

64:3, 163:12

offices [1] - 19:6

official [1] - 2:2

Official [1] - 164:10

often [3] - 26:18,

55:7, 84:8

old [8] - 47:8, 66:17,

67:6, 67:8, 74:24,

88:15, 91:3, 92:20

on/off [1] - 107:11

once [14] - 4:10, 6:6,

73:10, 73:11, 73:12,

78:18, 79:7, 79:9,

84:8, 111:7, 111:24,

128:22, 129:10,

131:15

one [64] - 4:4, 4:25,

6:9, 7:4, 9:18, 9:19,

9:20, 10:4, 12:2,

13:24, 15:3, 17:5,

23:4, 27:11, 33:9,

33:20, 37:10, 38:11,

46:16, 46:22, 46:25,

47:6, 50:12, 53:5,

53:14, 54:8, 55:19,

65:21, 69:16, 73:9,

78:23, 78:25, 89:24,

93:21, 94:19, 97:2,

97:5, 99:2, 99:24,

104:4, 107:8, 108:13,

109:22, 112:15,

114:14, 116:24,

118:19, 119:4,

124:25, 126:3,

126:25, 130:2,

130:10, 132:23,

138:9, 139:25, 140:1,

143:16, 144:18,

146:20, 153:25,

155:14, 156:14

one-minute [1] -

126:25

ones [3] - 65:22,

131:15, 140:24

ongoing [1] - 84:1

online [7] - 111:12,

111:13, 111:14,

111:21, 111:22,

111:24, 112:11

onset [1] - 43:6

open [6] - 114:9,

135:3, 135:15,

135:20, 161:7, 162:5

opened [1] - 135:5

opening [2] - 141:11,

146:7

operating [1] -

153:20

operations [1] -

130:8

operator[6] - 4:25,

5:1, 133:8, 137:20,

137:22, 155:6

operator's [3] -

137:19, 137:24, 138:7

operators [2] -

132:8, 133:5

opportunity [4] -

113:12, 113:19,

115:14, 160:22

opposite [1] - 76:10

optimistic [1] - 36:4

orange [2] - 136:9,

136:10

order[2] - 114:1,

114:12

ordered [2] - 18:1,

18:10

orders [2] - 37:5,

41:4

Orthopedic [1] -

10:12

Orthopedics [10] -

10:17, 13:7, 22:25,

23:2, 24:10, 35:22,

48:9, 50:3, 51:8,

53:22

osteoarthritis [1] -

95:13

osteopenia [1] -

95:14

osteoporosis [4] -

94:20, 94:23, 95:16,

95:19

ourselves [1] - 88:14

outfits [1] - 124:23

outings [1] - 10:6

outlined [1] - 145:17

outpatient [2] -

25:10, 25:11

outside [4] - 5:6,

28:21, 29:18, 105:2

outstretched [2] -

13:2, 14:19

overhead [1] - 36:3

own [9] - 31:13,

52:17, 52:19, 79:19,

89:15, 106:17, 110:1,

127:14, 127:21

oxygen [4] - 5:21,

5:22, 74:20

12

P

p.m [3] - 1:6, 117:9,

163:13

pack [17] - 15:23,

16:3, 16:4, 51:2,

92:10, 92:11, 92:17,

93:5, 94:8, 94:9,

122:9, 122:12,

122:15, 124:5, 127:10

packet [2] - 96:1,

116:11

padding [1] - 136:12

page [27] - 6:16,

9:15, 44:21, 53:16,

53:17, 55:8, 55:11,

55:15, 95:9, 95:10,

95:11, 95:15, 100:5,

100:9, 100:12,

100:13, 100:23,

107:11, 108:24,

112:14, 113:17,

113:18, 117:2,

151:25, 157:3, 157:7

Pages [1] - 1:9

pages [1] - 107:6

paid [2] - 150:19,

152:10

pain [112] - 7:20, 8:1,

8:3, 8:7, 8:14, 8:18,

8:20, 12:23, 13:3,

13:6, 13:11, 13:14,

13:21, 15:15, 15:20,

15:21, 16:10, 16:17,

17:14, 25:3, 25:6,

25:12, 25:15, 25:17,

25:19, 25:21, 25:23,

26:1, 26:9, 26:10,

30:11, 30:19, 30:20,

32:2, 32:4, 32:7, 33:3,

33:4, 33:7, 33:9,

33:10, 33:13, 33:15,

35:10, 36:2, 37:8,

37:9, 38:7, 38:9,

41:22, 42:20, 42:25,

43:6, 44:5, 44:7, 44:8,

44:9, 44:12, 47:10,

48:14, 49:2, 50:10,

52:4, 52:8, 52:12,

52:15, 52:25, 53:2,

53:7, 54:18, 54:19,

54:24, 55:2, 55:3,

56:4, 56:6, 56:7,

56:10, 67:22, 68:2,

70:9, 70:18, 71:5,

71:9, 71:14, 71:20,

71:25, 72:19, 72:22,

73:1, 73:3, 73:4, 73:5,

73:7, 73:15, 74:3,

74:4, 74:8, 77:20,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 176 of

183
79:7, 82:16, 83:6,

83:8, 83:10, 83:12,

83:23, 91:12, 91:17,

94:11, 94:15

painful [3] - 16:18,

17:17, 34:3

painted [1] - 137:15

Palma [1] - 152:1

Panama [3] - 101:12,

108:13, 108:21

pandemonium [3] -

124:18, 125:17, 126:9

pants [1] - 81:15

papers [2] - 87:24,

88:5

paragraph [1] -

14:18

parameters [1] -

92:15

parents [1] - 89:8

park [1] - 76:25

part [15] - 7:2, 14:18,

29:17, 76:4, 76:5,

83:20, 90:7, 115:8,

136:24, 137:2, 158:4,

158:16, 158:20,

158:22, 158:24

part-time [1] - 29:17

particular[3] -

33:18, 116:24, 128:24

parts [1] - 23:5

passed [2] - 20:23,

20:24

passenger[1] -

152:19

passengers [1] -

155:23

past [2] - 13:16,

124:1

pasta [1] - 81:10

patch [4] - 46:25,

47:4

patience [1] - 86:11

patient [1] - 54:14

Patient [1] - 42:19

patients [1] - 57:21

PATRICIA[2] - 2:2,

164:10

pattern [1] - 82:11

Patty [1] - 97:7

Paul [4] - 66:25,

67:2, 67:6, 67:7

pay [2] - 131:23,

132:16

Pearl [5] - 101:12,

104:4, 104:17,

108:16, 108:17

pendulum [4] -

16:22, 17:1, 32:10,

50:13

People [1] - 154:20

people [38] - 49:7,

89:9, 89:19, 96:14,

98:10, 98:13, 125:5,

125:6, 125:7, 125:21,

125:25, 126:1,

139:14, 139:25,

140:1, 144:6, 144:7,

144:8, 144:13,

144:14, 144:17,

148:3, 150:21, 153:8,

153:10, 153:15,

153:22, 153:24,

154:2, 154:3, 154:8,

154:9, 154:14,

154:16, 154:21,

155:10

per[5] - 94:9,

152:19, 153:1

percent [3] - 44:16,

44:17, 61:19

Percocet [1] - 51:20

perfectly [1] - 26:12

perform [1] - 61:15

performed [1] - 15:7

perhaps [1] - 119:4

perimeter[12] -

134:10, 135:22,

136:6, 136:7, 138:19,

138:22, 139:14,

141:20, 142:8,

142:16, 144:2, 149:13

period [27] - 11:13,

15:3, 15:4, 15:16,

20:13, 28:25, 29:7,

30:7, 30:25, 31:1,

31:9, 34:12, 39:7,

39:13, 40:11, 41:3,

49:10, 53:4, 56:21,

67:25, 83:5, 83:24,

91:25, 103:20,

103:21, 104:24

periods [1] - 70:3

permanent [3] -

46:24, 99:8, 99:11

permission [1] -

39:17

perpendicular[3] -

134:16, 138:25,

140:24

person [8] - 39:25,

40:2, 82:22, 90:6,

107:1, 132:10, 138:7,

153:1

person's [3] -

106:24, 106:25, 138:6

Philadelphia [1] -

81:7

photo [6] - 29:21,

29:22, 68:14, 83:19,

83:21, 146:9

photograph [5] -

125:8, 133:17,

133:20, 135:23, 139:2

photos [4] - 4:23,

27:7, 27:8, 69:15

phrase [1] - 113:1

physical [66] - 11:9,

11:11, 11:12, 11:14,

13:8, 14:25, 15:1,

15:4, 15:5, 15:12,

15:14, 15:22, 15:24,

16:2, 16:18, 16:20,

24:19, 24:24, 26:11,

31:3, 31:5, 31:9,

31:12, 31:13, 31:23,

32:2, 32:4, 32:9, 33:2,

33:20, 33:21, 34:5,

34:19, 34:23, 34:24,

35:25, 45:6, 45:13,

45:15, 45:18, 46:8,

46:9, 48:18, 48:19,

48:21, 49:1, 49:5,

50:2, 50:6, 51:12,

51:14, 52:24, 53:10,

53:18, 55:6, 57:24,

58:2, 61:15, 62:22,

64:14, 64:23, 65:6,

67:24, 67:25, 72:2,

91:19

physically [2] -

73:21, 128:12

physician [1] - 64:13

pick [4] - 18:15,

20:11, 66:4, 73:2

picked [4] - 18:20,

18:21, 49:21, 98:14

picking [1] - 68:5

picnic [3] - 134:17,

134:20, 141:16

picture [3] - 69:11,

133:11, 136:19

pier [3] - 153:22,

153:24, 155:4

pillow [5] - 27:3,

27:4, 27:20, 28:17

pin [2] - 18:25,

160:20

pitching [2] - 149:1,

149:2

pizza [2] - 81:3,

81:10

place [7] - 10:17,

23:5, 31:18, 31:19,

48:12, 52:25, 76:2

Plaintiff [1] - 1:5

plaintiff [3] - 3:5,

3:10, 3:19

PLAINTIFF [2] -

1:14, 2:10

Plaintiff's [4] - 6:12,

6:25, 68:16, 68:18

plan [1] - 47:9

planned [1] - 55:14

plant [2] - 46:5

plastic [1] - 63:2

platform [4] -

137:25, 146:25,

148:1, 149:23

play [13] - 65:24,

122:20, 123:7,

123:11, 123:21,

124:7, 125:20,

126:19, 126:22,

126:25, 127:13,

130:11, 130:16

played [2] - 121:1,

121:10

playing [6] - 65:17,

77:10, 128:25,

129:19, 131:1, 131:2

plenty [1] - 142:13

plus [1] - 43:15

PMHX [2] - 42:11,

43:9

point [7] - 49:20,

50:17, 63:22, 73:12,

107:15, 135:6, 155:2

Point [1] - 89:20

pointed [1] - 61:7

pointing [1] - 105:20

points [2] - 4:3, 61:7

Polansky [1] - 33:2

policy [1] - 155:18

port [14] - 10:1, 10:4,

107:7, 109:2, 109:5,

109:8, 115:18,

118:12, 118:17,

119:25, 128:17,

130:17, 143:20,

152:15

portable [1] - 5:22

ports [14] - 9:10,

9:12, 9:13, 9:18, 9:19,

9:20, 9:23, 9:25, 10:3,

113:16, 113:18,

115:21, 116:5

position [5] - 26:3,

73:1, 73:9, 137:18,

155:25

possibility [1] -

103:2

possible [4] - 21:14,

34:8, 110:15, 128:21

possibly [1] - 142:11

post [1] - 64:13

post-incident [1] -

64:13

posterior[1] - 44:6

postop [1] - 43:23

13

pot [2] - 86:18, 86:22

potatoes [4] - 86:17,

86:20, 86:22

pots [1] - 79:10

pound [1] - 75:23

pounds [3] - 69:13,

73:3, 74:14

practice [4] - 10:22,

10:23, 159:4, 159:8

practiced [1] - 159:7

prefer[2] - 153:14

pregnant [1] - 96:6

preliminary [1] -

161:9

prepared [2] - 19:25,

128:12

preparing [1] - 40:5

prescribe [2] - 11:7,

46:8

prescription [1] -

52:5

present [4] - 42:16,

54:9, 56:23, 94:3

Presenting [1] - 43:5

presently [1] - 56:25

pretty [15] - 13:9,

15:11, 17:9, 17:11,

17:19, 17:21, 33:21,

35:7, 36:4, 36:10,

52:8, 55:4, 76:14,

81:18, 84:14

prevent [1] - 147:3

previous [1] - 50:12

previously [1] -

84:11

pride [1] - 104:4

Pride [7] - 101:8,

103:24, 104:3,

104:14, 106:4, 106:6,

108:5

primary [1] - 19:11

private [2] - 110:10,

110:11

problem [4] - 64:7,

125:9, 160:19, 160:21

problems [11] -

13:15, 13:25, 50:11,

54:19, 67:18, 68:4,

68:7, 78:20, 78:21,

87:13

procedure [4] -

47:13, 47:14, 111:9,

111:10

procedures [1] -

25:13

proceed [1] - 3:20

Proceedings [1] -

163:13

PROCEEDINGS [1] -

3:1

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 177 of

183
proceedings [1] -

164:4

process [6] - 62:9,

62:12, 62:14, 67:16,

114:16, 114:20

professional [1] -

95:12

proffer[1] - 107:14

program [1] - 21:15

progression [1] -

82:9

progressive [2] -

44:1, 54:22

pronounced [1] -

60:16

pronouncing [1] -

60:15

properly [2] - 46:7,

158:3

properties [2] -

40:10, 80:1

provide [3] - 114:8,

114:11, 116:11

provisions [1] -

115:9

PT [5] - 17:15, 24:19,

43:2, 43:23, 53:24

public [1] - 28:25

pull [2] - 32:20,

116:25

pulmonary [2] -

5:12, 5:20

puppy [1] - 75:7

purely [1] - 116:7

purpose [1] - 120:12

purposes [1] -

105:12

purses [1] - 68:9

push [2] - 76:25,

77:2

put [37] - 15:23, 16:2,

16:7, 24:11, 35:17,

45:5, 46:25, 51:2,

66:4, 66:8, 74:24,

76:24, 78:6, 78:17,

82:13, 86:20, 100:4,

107:13, 120:5,

121:15, 124:13,

126:17, 133:11,

136:17, 143:15,

143:16, 144:24,

145:5, 146:9, 147:3,

147:4, 149:8, 149:12,

149:24, 151:2

puts [3] - 82:13,

82:14, 152:18

putting [5] - 16:22,

76:2, 78:11, 80:17,

139:17

Q

quantity [1] - 92:10

queen [1] - 77:12

questions [6] - 20:6,

100:6, 100:9, 100:15,

107:16, 140:10

quick [2] - 92:13,

92:19

quickly [1] - 121:15

quit [20] - 19:20,

20:9, 20:10, 20:13,

20:18, 20:20, 21:1,

22:4, 23:11, 23:13,

89:5, 91:25, 93:19,

93:24, 96:24, 98:23,

99:1, 99:6

quite [3] - 34:3, 55:7,

138:11

quitting [3] - 21:23,

21:24, 96:25

R

Rain [1] - 65:24

raised [9] - 52:16,

81:6, 89:1, 89:4,

89:10, 137:25, 138:4

raising [2] - 13:11,

76:1

range [4] - 42:20,

42:24, 54:15, 55:9

Raphael [1] - 151:22

rate [1] - 36:5

rather[1] - 59:5

ravioli [1] - 81:4

rays [4] - 13:3, 59:24,

60:8, 62:13

reach [5] - 61:14,

78:5, 78:16, 80:18,

80:20

reaching [4] - 75:2,

78:1, 78:4

read [10] - 100:24,

113:14, 113:15,

115:3, 115:6, 115:8,

115:12, 157:8, 158:2,

158:6

ready [4] - 3:17,

87:6, 87:8, 89:22

real [3] - 11:24,

75:17, 88:4

Real [1] - 39:16

realize [1] - 160:14

realized [1] - 155:5

really [11] - 15:2,

15:17, 16:13, 17:11,

70:17, 86:4, 86:7,

131:13, 131:23,

132:12, 156:2

realtor[2] - 40:7,

77:17

reason [6] - 32:8,

39:11, 42:14, 120:6,

120:7, 161:7

Rebull [1] - 3:11

recalling [1] - 120:6

recess [5] - 63:25,

64:20, 162:24,

162:25, 163:10

recliner[10] - 30:12,

82:18, 83:19, 83:23,

84:6, 84:21, 84:24,

85:15, 85:19

reclines [1] - 84:21

recognize [6] -

68:18, 68:20, 68:21,

100:9, 111:3, 132:20

recollect [4] - 108:5,

108:7, 108:8, 158:18

recollection [8] -

94:25, 95:17, 105:8,

105:13, 106:14,

106:16, 106:24,

106:25

recommend [2] -

11:8, 46:13

recommended [1] -

11:9

record [13] - 24:10,

24:11, 33:3, 53:18,

59:18, 61:20, 117:3,

121:17, 121:20,

122:22, 123:24,

124:11, 151:2

recorded [1] - 160:4

records [4] - 33:15,

45:13, 52:23, 105:7

recovery[1] - 55:23

recurring [1] - 153:1

Redirect [1] - 2:9

redirect [1] - 161:16

reduce [1] - 47:10

refer[2] - 77:12,

112:22

reference [4] - 18:17,

18:18, 138:9, 139:2

refers [1] - 55:17

reflected [1] - 152:22

refresh [8] - 94:25,

95:16, 105:7, 105:13,

106:14, 106:16,

106:24, 106:25

refreshing [1] -

106:18

regard [5] - 5:19, 6:2,

6:4, 10:10

register[1] - 114:12

regular[3] - 17:19,

17:21, 162:18

Rehan [1] - 64:18

relation [1] - 31:15

relationship [3] -

77:3, 86:12, 87:9

relaxed [1] - 15:24

relayed [1] - 155:9

relish [1] - 25:4

remain [3] - 23:15,

85:4, 89:3

remainder[1] - 9:13

remember[46] -

13:22, 13:23, 13:24,

14:2, 47:23, 58:18,

58:21, 95:1, 95:3,

100:6, 102:6, 108:25,

109:4, 109:6, 109:20,

109:21, 109:22,

109:23, 110:2, 110:3,

110:9, 110:10,

110:13, 116:24,

118:17, 119:18,

119:20, 119:24,

120:9, 120:10, 121:6,

130:20, 130:23,

131:4, 134:6, 134:7,

134:8, 146:19,

146:21, 151:4, 152:8,

152:13, 156:14,

157:4, 158:22

remembered [1] -

102:23

remind [1] - 17:24

remove [1] - 153:4

repair[4] - 25:3,

43:15, 43:19, 55:18

repaired [1] - 46:4

repeat [2] - 59:19,

145:15

repetitive [3] - 75:2,

79:2, 79:3

rephrase [2] - 52:10,

59:20

replacement[19] -

47:6, 47:15, 49:16,

51:1, 52:23, 53:11,

53:19, 53:23, 55:17,

55:25, 56:3, 56:12,

56:13, 71:15, 71:23,

72:6, 72:11, 72:21,

76:19

report [1] - 21:20

REPORTED [1] - 2:1

reported [1] - 126:12

reporter[1] - 59:16

Reporter[2] - 2:2,

164:10

required [1] - 6:7

requirements [1] -

75:20

requires [3] - 73:8,

14

75:19, 80:17

reservation [1] -

111:4

restaurant[2] -

118:23, 118:24

rested [1] - 27:23

restricted [1] - 41:5

restriction [2] -

41:21, 41:24

restrictions [2] -

41:8, 41:12

result [1] - 90:4

results [2] - 17:12,

17:25

resume [5] - 3:17,

63:19, 63:25, 160:23,

161:8

reverse [5] - 47:6,

47:15, 49:15, 51:1,

51:16

reversed[1] - 47:16

review [1] - 95:6

reviewed [2] - 95:4,

95:7

reviews [1] - 55:9

RICHARD [1] - 1:18

Richard [5] - 3:12,

62:1, 62:3, 62:20,

90:14

riding [1] - 156:2

right-hand [2] -

83:11, 125:14

right-handed [1] -

80:14

rise [2] - 64:3,

163:12

risk [2] - 47:22,

96:16

risks [4] - 47:18,

47:20, 47:23, 48:1

Road [1] - 89:20

Robinson [7] -

66:14, 66:25, 67:2,

88:2, 88:3

rock [2] - 148:15,

158:19

rocking [2] - 157:13,

158:11

roll [3] - 83:11,

98:15, 146:25

rolled [2] - 149:5,

149:23

rolling [11] - 81:2,

81:10, 98:18, 148:19,

149:2, 149:20, 150:5,

156:15, 156:20

ROM [1] - 42:19

Rome [1] - 9:23

roof [1] - 89:8

room [10] - 5:6,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 178 of

183
30:20, 60:9, 60:18,

63:14, 82:17, 82:19,

140:4, 142:13, 146:8

rotation [1] - 17:6

rotator[9] - 25:1,

25:3, 35:23, 43:14,

43:19, 46:2, 55:18,

90:19, 90:25

rough [1] - 25:3

roundtrip [1] -

115:17

routine [3] - 118:22,

119:6, 119:11

row [2] - 64:10,

64:11

Rozencwaig [10] -

57:16, 58:9, 58:11,

58:13, 62:1, 62:3,

62:8, 62:9, 62:20,

62:22

Rozenscwaig [1] -

57:10

RPR [2] - 2:2, 164:10

RTC [2] - 43:14,

43:19

RUGGERI [2] - 1:4,

2:12

Ruggeri [29] - 3:2,

3:7, 3:9, 3:10, 3:19,

3:25, 64:22, 68:14,

83:20, 88:1, 90:14,

105:18, 106:2,

107:12, 110:24,

117:6, 117:25,

119:24, 121:25,

122:23, 123:13,

133:17, 137:9, 142:2,

151:5, 160:5, 161:15,

163:1, 163:6

Ruggeri's [1] - 107:9

rule [1] - 163:4

ruler[2] - 62:25, 63:8

running [2] - 153:17,

155:5

S

sadly [1] - 161:22

safety [5] - 128:25,

129:20, 130:21,

130:24

sail [2] - 106:1,

151:10

sailed [1] - 4:6

sale [3] - 80:1, 80:4

salesperson [2] -

132:5, 132:6

sat [4] - 60:11, 60:12,

61:9, 146:6

save [2] - 89:8,

151:25

saw [8] - 19:2, 22:5,

24:11, 57:7, 57:8,

57:10, 130:6, 130:14

scale [8] - 13:14,

33:5, 33:8, 33:13,

44:13, 52:25, 55:4,

73:16

scales [4] - 33:4,

33:7, 33:16, 53:2

scar[3] - 61:2, 61:5,

61:8

Scenic [1] - 151:22

schedule [2] - 87:4,

103:15

school [4] - 88:15,

89:6, 89:14

scope [1] - 14:13

scratch [5] - 78:2,

78:5, 78:9, 78:11,

81:4

scream [2] - 148:6,

148:7

screamed [1] - 65:21

screamer[1] - 148:9

screaming [4] -

124:17, 126:9, 148:1,

148:3

screen [10] - 6:12,

22:13, 24:11, 35:18,

42:4, 103:17, 122:1,

125:14, 135:7, 137:10

screwing [1] - 76:3

screws [1] - 76:3

sea [4] - 4:4, 4:7,

9:19, 145:24

sealed [1] - 75:21

seapass [2] - 107:9,

109:13

seat [32] - 74:24,

107:9, 133:21, 134:8,

134:10, 135:2,

136:14, 137:19,

137:25, 138:3, 138:4,

138:7, 138:9, 138:24,

140:7, 141:2, 141:4,

141:13, 141:15,

142:8, 144:7, 144:17,

144:18, 144:25,

145:8, 145:9, 146:6,

146:12, 147:4,

149:12, 149:16

seated [2] - 127:15,

146:1

seating [11] - 135:22,

136:6, 136:7, 136:21,

138:19, 138:22,

142:16, 142:21, 144:2

seats [15] - 133:20,

139:14, 140:2,

140:13, 140:14,

140:18, 140:20,

140:25, 142:23,

143:1, 144:4, 147:8,

147:10, 147:20

Seaview [11] - 10:12,

10:17, 22:25, 23:2,

24:10, 31:13, 35:22,

48:9, 50:3, 51:8,

53:22

second [22] - 6:8,

25:20, 38:2, 46:14,

46:25, 48:4, 56:7,

56:12, 84:19, 103:5,

108:24, 112:14,

113:17, 113:18,

120:12, 130:3, 130:7,

130:10, 143:12,

143:14, 143:18,

143:20

seconds [1] - 108:10

section [3] - 112:4,

112:18, 112:22

sections [1] - 107:25

SECURITY[3] -

22:15, 64:3, 163:12

see [102] - 6:11, 6:19,

8:18, 8:19, 10:23,

12:22, 13:17, 21:17,

22:13, 24:24, 33:3,

33:15, 42:11, 42:12,

42:14, 42:15, 42:16,

42:17, 42:22, 42:23,

43:10, 43:16, 45:12,

52:25, 53:1, 53:2,

54:9, 54:14, 55:11,

61:2, 70:3, 90:16,

92:19, 94:25, 95:9,

95:25, 101:2, 102:19,

105:14, 105:18,

105:20, 105:21,

105:25, 106:1, 106:4,

108:1, 108:3, 108:4,

108:17, 108:24,

109:2, 109:13,

109:16, 109:17,

111:1, 112:3, 112:14,

112:15, 112:18,

112:19, 117:9,

118:14, 121:22,

125:8, 125:25, 127:3,

127:7, 131:5, 131:6,

133:2, 135:10,

135:11, 135:12,

137:19, 137:24,

138:1, 139:20, 140:7,

145:22, 145:24,

145:25, 147:8, 147:9,

150:6, 150:9, 151:3,

151:12, 151:14,

151:17, 151:20,

151:25, 152:3, 152:6,

152:14, 152:17,

152:20, 153:1, 156:14

seeds [1] - 46:5

seeing [3] - 30:1,

130:21, 130:24

seem [4] - 22:6,

157:14, 157:24,

158:11

send [1] - 14:25

sensation [1] - 94:16

sense [2] - 127:15,

127:21

sent [4] - 13:8, 49:7,

87:24, 100:7

sentence [1] - 13:23

separate [2] - 86:18,

86:22

separated [2] - 88:8,

88:9

September[22] -

20:19, 20:24, 34:8,

34:20, 35:3, 35:17,

35:21, 35:22, 36:24,

38:14, 39:10, 56:11,

56:14, 56:17, 70:12,

70:14, 70:16, 71:2,

71:7, 72:3

serious [2] - 94:15,

94:16

service [2] - 152:18,

152:22

sessions [8] - 32:4,

34:2, 49:9, 50:2, 50:6,

51:4, 51:5, 51:8

set [1] - 162:20

sets [1] - 108:2

setup [1] - 140:9

seven [7] - 67:9,

71:16, 74:24, 79:16,

101:7, 101:17, 101:20

seven-day [1] -

101:17

seven-year-old [1] -

74:24

several [5] - 78:24,

109:1, 109:6, 112:14,

153:24

severity[1] - 55:2

Severity [2] - 44:12,

55:3

shape [1] - 79:22

sharp [2] - 9:1, 52:2

ship [46] - 4:7, 7:9,

9:3, 13:1, 13:3, 19:14,

24:18, 68:8, 68:14,

68:24, 95:12, 106:4,

109:8, 114:2, 116:19,

116:24, 117:8, 118:9,

15

119:21, 120:4,

120:10, 120:12,

120:17, 122:23,

123:18, 123:23,

128:22, 128:24,

130:12, 130:17,

131:2, 141:9, 141:23,

143:21, 147:24,

149:22, 155:6, 155:7,

155:16, 156:12,

156:13, 157:13,

158:10, 158:11

ship's [2] - 106:15,

112:15

ships [2] - 10:3,

109:10

shirt [5] - 14:8, 26:6,

61:6, 78:12, 123:15

shirts [6] - 10:5,

81:14, 118:20,

118:21, 119:25, 120:4

shocked [2] - 61:11,

61:12

shoe [1] - 87:7

shore [6] - 118:19,

150:16, 151:21,

151:25, 152:3, 152:14

short [1] - 118:15

shorten [1] - 161:23

shot [3] - 14:24,

25:25, 45:5

shoulder [74] - 8:4,

10:13, 10:24, 12:23,

13:2, 13:4, 13:12,

13:15, 13:20, 13:25,

14:7, 14:12, 14:20,

15:23, 16:16, 17:12,

17:18, 23:5, 23:8,

25:23, 27:1, 28:8,

28:18, 28:22, 28:23,

29:5, 29:7, 29:9,

29:10, 29:11, 29:12,

30:3, 32:24, 35:14,

35:24, 36:3, 37:13,

40:19, 40:22, 40:25,

42:10, 43:5, 43:14,

43:18, 44:5, 44:8,

45:4, 47:6, 49:15,

51:13, 52:23, 53:11,

53:19, 54:24, 55:17,

55:25, 56:2, 56:10,

56:13, 56:18, 67:18,

67:22, 68:2, 68:11,

71:14, 71:23, 72:21,

73:5, 80:9, 83:10,

124:22, 139:8

show [11] - 16:25,

17:1, 27:11, 27:12,

61:5, 68:14, 69:16,

105:7, 136:18, 142:2,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 179 of

183
142:3

showed [2] - 64:16,

110:19

shower [1] - 82:1

showing [7] - 6:12,

7:4, 107:3, 107:20,

110:24, 122:22, 146:9

shown [5] - 4:24,

126:20, 133:20,

136:8, 140:15

shows [1] - 119:4

shut [1] - 39:1

shuttle [2] - 152:1,

152:2

sic) [1] - 13:13

side [46] - 26:6, 26:9,

27:5, 30:14, 30:15,

36:17, 50:18, 61:6,

83:11, 90:19, 91:12,

125:14, 128:12,

134:16, 137:4, 138:6,

139:3, 139:11, 141:8,

141:9, 141:21,

141:22, 141:24,

142:17, 142:20,

143:20, 143:21,

145:19, 146:25,

148:15, 148:17,

148:25, 149:2, 149:5,

150:11, 161:17

sides [1] - 84:24

sidewall [1] - 145:16

sidewalls [1] -

145:12

sightseeing [1] -

150:25

sign [8] - 36:15,

36:16, 80:4, 87:24,

89:20, 100:15,

100:18, 151:10

signal [1] - 26:1

signature [1] -

100:13

signed [1] - 6:5

significant [2] -

20:13, 55:12

significantly [1] -

13:10

signs [3] - 80:1, 96:7

similar[3] - 95:14,

145:13, 145:17

simply [6] - 91:8,

102:25, 113:6,

121:12, 135:17,

154:20

Singing [1] - 65:24

single [2] - 158:5,

159:14

sit [3] - 50:23, 60:11,

118:24

sit-down [1] - 118:24

sitting [13] - 60:19,

128:3, 133:21, 134:2,

135:3, 136:8, 136:14,

136:21, 138:6, 138:8,

145:2, 145:8, 146:12

situation [2] - 5:14,

20:11

six [12] - 15:19, 29:4,

29:19, 37:2, 73:3,

85:11, 103:12,

103:13, 104:6, 104:8,

104:24

sixth [1] - 103:7

skip [1] - 123:22

sleep [19] - 30:9,

30:12, 82:4, 82:5,

82:7, 82:11, 82:13,

82:15, 83:22, 83:23,

84:5, 84:6, 85:7,

85:18, 85:23, 86:1,

86:8

sleeping [3] - 30:9,

75:21, 75:23

sleeps [1] - 83:20

slid [1] - 149:7

slide [2] - 149:6,

149:24

sliding [1] - 147:4

sling [27] - 7:19, 9:6,

9:7, 10:6, 26:4, 26:7,

26:15, 26:19, 26:22,

26:25, 27:1, 27:2,

27:19, 27:25, 28:3,

28:7, 28:9, 28:15,

28:24, 29:3, 29:12,

29:14, 29:15, 29:18,

30:2, 30:3

slip [1] - 81:17

slow [3] - 157:14,

157:24, 158:11

slowdown [2] - 4:7,

156:10

slowed [1] - 84:11

slowing [2] - 158:18,

158:23

small [4] - 86:16,

127:16, 142:1, 142:5

smaller[1] - 150:23

smart [1] - 89:15

smoke [10] - 20:18,

23:25, 75:19, 75:20,

75:25, 76:2, 76:3,

95:25, 96:15, 98:22

smoked [2] - 117:20,

118:1

smoker[10] - 19:17,

20:7, 21:21, 21:22,

23:15, 23:18, 23:19,

23:22, 24:1, 24:12

smoking [38] -

21:17, 23:11, 23:13,

91:24, 92:3, 92:10,

92:21, 92:24, 93:2,

93:3, 93:5, 93:16,

93:18, 93:21, 93:22,

94:3, 94:7, 94:8,

95:22, 96:3, 96:5,

96:6, 96:7, 96:9,

96:11, 96:13, 96:14,

96:16, 96:23, 97:9,

97:17, 97:22, 98:9,

98:10, 98:19, 99:3,

99:8, 118:7

snap [3] - 86:15,

86:22, 87:7

snappy [1] - 86:10

snow [2] - 37:20,

38:11

snowed [3] - 37:19,

38:1, 38:3

social [2] - 23:24,

44:4

socket [4] - 47:16,

47:17, 49:15, 51:17

sofa [4] - 30:12,

30:13, 30:14, 30:15

solid [5] - 134:21,

134:22, 134:23,

161:20

someone [1] - 24:1

sometime [3] - 19:3,

34:5, 62:7

sometimes [3] -

46:5, 46:6, 53:2

somewhat [1] -

36:17

somewhere [7] - 4:2,

9:14, 10:14, 36:12,

37:8, 56:11, 82:12

son [2] - 89:11,

89:19

son's [2] - 66:23,

80:2

song [1] - 66:8

soon [1] - 21:25

sooner[1] - 34:23

sorry [27] - 8:9,

11:14, 16:15, 17:24,

22:6, 26:14, 46:11,

59:15, 60:14, 64:8,

70:24, 70:25, 73:20,

74:16, 79:12, 97:1,

97:6, 97:13, 103:12,

106:9, 121:2, 132:15,

133:12, 134:22,

153:9, 160:17

sound [13] - 31:10,

34:6, 34:10, 45:15,

45:16, 45:19, 48:5,

49:10, 50:3, 55:21,

58:10, 65:3, 117:11

sounds [2] - 44:2,

64:24

SOUTHERN [1] - 1:1

space [9] - 139:7,

140:7, 142:1, 142:3,

142:4, 142:5, 142:19,

142:20

Spain [1] - 10:2

spanned [1] - 141:14

speaking [3] - 17:21,

136:9, 163:2

specific [3] - 41:24,

115:9, 130:3

specifically [3] -

113:5, 130:7, 130:11

speculation [3] - 8:8,

8:10

speed [11] - 4:17,

4:18, 4:19, 4:20, 4:22,

156:9, 156:16,

156:21, 157:14,

157:24, 158:11

speeding [1] -

158:23

spend [2] - 62:18,

62:20

spending [1] - 77:10

St [1] - 151:22

stable [1] - 37:17

staff [1] - 152:23

stamina [1] - 76:10

stand [11] - 3:19, 6:2,

16:25, 52:17, 52:18,

57:7, 61:1, 61:3,

61:17, 89:15, 163:3

standard [1] - 33:8

standing [2] - 69:23,

69:24

starboard [1] -

142:20

staring [1] - 144:11

start [16] - 16:4,

39:20, 48:19, 65:25,

66:3, 66:5, 66:7,

71:14, 77:19, 82:25,

103:5, 121:17,

124:11, 156:19,

162:21

started [30] - 15:24,

17:8, 26:10, 37:8,

50:12, 50:15, 51:10,

70:18, 71:9, 84:20,

91:8, 92:3, 92:5,

92:16, 92:20, 92:23,

93:3, 93:6, 93:9, 94:4,

94:5, 99:24, 99:25,

101:2, 146:25,

148:15, 149:6, 149:24

16

starting [7] - 3:4,

56:9, 95:19, 99:23,

101:2, 115:17, 115:19

starts [1] - 86:5

state [2] - 3:4, 75:20

statement [5] - 6:6,

6:7, 6:17, 6:24, 155:2

statements [3] - 6:3,

6:5, 7:2

STATES[2] - 1:1,

1:12

States [5] - 2:3,

115:24, 116:3, 116:5,

164:11

status [1] - 162:19

stay [3] - 49:12,

49:14, 49:15

stayed [1] - 49:17

staying [1] - 73:9

stem [2] - 46:16,

46:22

STENOGRAPHICA

LLY [1] - 2:1

step [2] - 64:1,

160:15

steps [1] - 114:1

Steven [5] - 66:14,

66:18, 66:22, 67:10,

67:13

stew [3] - 86:16,

86:17, 86:20

stiffness [1] - 43:6

still [17] - 7:20,

25:17, 26:7, 36:16,

53:7, 60:19, 65:16,

67:17, 75:7, 77:7,

82:23, 88:7, 110:11,

137:18, 138:19,

138:22, 160:12

stood [1] - 61:6

stop [22] - 52:22,

82:21, 97:9, 97:15,

97:19, 98:8, 99:3,

99:8, 116:2, 117:2,

123:3, 123:4, 123:25,

124:20, 125:12,

126:14, 126:15,

127:8, 149:8, 160:14,

160:18

stopped [13] - 84:17,

84:18, 92:5, 92:16,

92:23, 92:24, 92:25,

93:2, 93:6, 93:15,

94:7, 99:11, 115:21

stops [1] - 107:8

storage [2] - 135:3,

135:4

store [1] - 81:4

store-bought [1] -

81:4

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 180 of

183
straight [2] - 61:20,

90:16

straightened [2] -

60:6, 60:7

strain [1] - 35:23

strange [3] - 58:22,

59:25, 60:1

strapped [2] - 27:24,

27:25

straw [2] - 65:23

streaming [1] -

125:25

STREET [6] - 1:18,

3:14, 121:17, 123:9,

126:21, 126:24

Street [2] - 1:19, 3:14

strength [10] - 42:20,

42:25, 54:18, 54:19,

73:9, 73:15, 75:6,

76:10, 76:14, 80:24

Strength [1] - 44:15

stress [2] - 5:8, 5:9

stressful [2] - 5:14,

20:11

stretch [7] - 50:14,

50:17, 50:19, 50:23,

50:24, 63:22, 93:21

strike [1] - 61:25

strong [1] - 68:11

stronger[1] - 53:3

studs [1] - 76:2

stuff [2] - 39:23, 64:8

subject [1] - 101:22

subjective [1] - 33:9

subsequent [1] -

35:24

subsequently [1] -

13:1

sudden [2] - 156:9

suddenly [2] - 20:23,

20:24

suffice [1] - 21:20

suggesting [2] -

154:19, 155:1

Suite [2] - 1:16, 1:19

Sunshine [1] - 65:24

support [3] - 30:16,

44:4, 83:10

suppose [1] - 86:2

supposed [2] - 51:3,

161:15

surgeries [3] - 21:10,

77:16, 82:5

surgery [102] - 13:20,

14:9, 15:7, 15:18,

17:13, 17:22, 19:2,

19:8, 19:10, 21:7,

24:8, 24:13, 24:17,

24:20, 24:21, 25:4,

25:12, 25:14, 25:15,

25:21, 25:22, 25:23,

26:11, 26:17, 26:22,

26:25, 28:14, 28:17,

29:10, 29:11, 30:7,

30:23, 31:6, 31:25,

32:3, 32:5, 32:7,

38:23, 39:2, 40:2,

40:4, 43:18, 45:19,

46:14, 47:3, 47:18,

47:24, 48:4, 48:14,

48:16, 48:17, 49:5,

49:10, 49:25, 51:5,

51:17, 54:1, 54:21,

54:23, 55:3, 55:18,

56:2, 56:3, 56:5, 56:6,

56:7, 56:10, 56:12,

56:19, 61:7, 67:24,

70:5, 70:11, 70:22,

70:23, 71:12, 71:15,

71:23, 72:11, 72:21,

76:18, 76:19, 84:17,

84:19, 89:23, 90:25,

91:6, 91:9, 91:11,

91:14, 91:18, 91:22,

93:9, 93:17, 94:11,

94:17, 102:3

surgical [1] - 25:7

surprised [1] - 59:5

surviving [1] - 86:6

sustained [2] -

41:10, 52:10

SW [1] - 1:19

swing [2] - 76:25,

77:2

swinging [1] - 16:23

swipes [1] - 107:10

switching [1] - 65:8

swollen [2] - 7:21,

7:24

sworn [4] - 92:2,

93:20, 108:10, 118:4

T

T-Hs [1] - 52:19

T-shirt [1] - 123:15

T-shirts [5] - 10:5,

118:20, 118:21,

119:25, 120:4

table [6] - 50:23,

60:12, 60:19, 64:6,

135:14

tables [1] - 64:4

talks [3] - 44:5, 55:13

tall [2] - 125:13,

144:22

tape [1] - 121:2

taught [2] - 39:25,

40:2

teach [1] - 39:17

teacher[1] - 132:6

teaching [2] - 39:19,

77:17

tear[3] - 25:1, 46:2,

46:3

teeth [2] - 81:22,

81:24

television [1] -

129:17

ten [13] - 20:20,

20:21, 62:19, 75:21,

75:22, 85:13, 92:5,

92:24, 93:21, 94:12,

101:1

ten-year[1] - 75:22

tend [2] - 81:3

tender[88] - 4:4, 4:5,

4:18, 4:19, 4:21, 4:25,

5:2, 12:17, 12:25,

23:7, 60:22, 64:23,

65:5, 65:10, 67:17,

90:5, 106:15, 107:7,

107:12, 108:6, 109:2,

109:5, 109:8, 109:11,

109:17, 109:21,

110:1, 110:4, 110:7,

119:9, 120:22,

121:11, 124:15,

124:18, 125:4, 125:5,

125:6, 125:9, 125:22,

126:1, 126:3, 126:7,

127:4, 127:16,

127:22, 128:16,

130:4, 130:17,

130:21, 131:13,

131:15, 131:24,

132:7, 132:17,

132:18, 134:11,

135:24, 136:5,

137:13, 138:2,

139:12, 139:22,

141:3, 142:17,

143:21, 146:6,

146:10, 146:22,

147:10, 147:20,

147:25, 149:5, 150:7,

150:9, 150:11,

153:25, 154:3,

156:17, 156:20,

156:22, 157:12,

158:9, 158:10

tendered [3] - 4:9,

105:2, 106:22

tendering [3] -

128:17, 130:8, 130:11

tenders [2] - 110:12,

132:12

tendon [1] - 35:23

tends [1] - 79:3

tenodesis [1] - 43:15

terms [11] - 36:6,

112:18, 112:24,

113:5, 113:20,

114:15, 114:22,

115:3, 116:10, 116:12

testified [4] - 57:10,

62:3, 62:23, 92:25

testify [3] - 57:21,

57:24, 58:2

testimony [23] - 5:9,

18:12, 77:14, 90:18,

92:2, 93:20, 96:22,

102:10, 107:13,

108:10, 110:11,

118:4, 133:19,

136:20, 138:20,

154:5, 159:13,

159:21, 159:24,

160:3, 160:6, 163:1,

163:7

THE [60] - 1:11, 1:14,

1:18, 2:10, 3:17, 3:21,

6:25, 7:2, 7:6, 8:9,

17:24, 18:4, 19:25,

22:16, 41:10, 52:10,

53:8, 53:12, 53:14,

54:6, 59:15, 59:19,

63:16, 63:24, 64:5,

64:10, 64:18, 73:20,

73:21, 73:23, 90:10,

97:1, 97:3, 105:14,

106:9, 106:12,

106:24, 107:15,

107:19, 107:21,

110:21, 134:22,

134:23, 137:10,

158:5, 160:10,

160:15, 160:16,

160:17, 160:22,

161:7, 161:24, 162:5,

162:12, 162:14,

162:18, 162:24,

163:4, 163:9, 163:10

therapist [1] - 33:2

Therapy [1] - 54:12

therapy [66] - 11:9,

11:11, 11:12, 11:14,

13:8, 14:25, 15:1,

15:4, 15:5, 15:11,

15:12, 15:14, 15:22,

15:24, 16:2, 16:18,

16:20, 24:19, 24:24,

26:11, 31:3, 31:5,

31:9, 31:12, 31:13,

31:20, 31:23, 32:2,

32:4, 32:9, 33:20,

33:21, 34:5, 34:19,

34:23, 34:24, 42:18,

43:25, 45:6, 45:14,

45:16, 45:18, 45:21,

17

46:9, 48:18, 48:19,

48:21, 49:1, 49:5,

50:2, 50:7, 50:11,

51:12, 51:14, 52:23,

52:24, 53:10, 53:18,

55:6, 64:14, 64:23,

65:6, 67:24, 67:25,

72:2, 91:19

therefore [2] - 38:4,

40:4

thinking [5] - 5:16,

21:23, 161:14,

161:21, 162:4

three [36] - 4:19,

4:22, 9:15, 9:18, 9:23,

14:12, 15:14, 17:6,

23:16, 31:7, 38:25,

39:4, 46:15, 48:21,

62:6, 73:10, 79:16,

83:7, 83:18, 84:10,

85:16, 85:17, 103:3,

103:7, 104:5, 104:24,

124:25, 132:18,

133:5, 133:8, 142:9,

142:10, 142:12,

142:13, 142:15,

146:15

three-year[1] -

104:24

threshold [2] - 52:8,

52:12

throbbing [2] -

44:10, 54:25

throughout [5] -

20:10, 93:18, 119:6,

130:16, 153:2

Thursday [1] - 69:3

ticket [4] - 112:25,

113:1, 113:13, 113:25

tie [1] - 87:7

tight [2] - 81:19,

142:14

tight-fitting [1] -

81:19

timeline [1] - 19:25

timelines [1] - 17:20

timing [1] - 85:21

tingling [3] - 91:12,

91:17, 94:16

tip [2] - 152:23,

153:14

tire [1] - 155:15

tired [1] - 86:4

tissue [1] - 97:22

tissues [1] - 98:4

title [1] - 75:17

tobacco [3] - 21:12,

21:17

today [15] - 20:1,

63:21, 73:13, 74:10,

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 181 of

183
81:17, 92:25, 95:4,

95:6, 96:22, 97:25,

98:3, 102:10, 124:14,

159:19, 160:4

together[6] - 47:1,

88:7, 88:11, 92:13,

104:3, 107:13

took [17] - 8:20, 10:1,

13:4, 13:9, 18:13,

18:15, 29:22, 51:19,

52:25, 59:24, 62:25,

65:12, 65:13, 65:15,

152:2, 152:4, 157:4

top [12] - 7:11, 13:11,

32:24, 47:17, 51:2,

54:9, 115:8, 117:20,

117:25, 135:13,

135:20, 149:13

tops [1] - 62:19

tore [1] - 90:18

total [4] - 17:5, 65:5,

85:10, 94:8

Total [1] - 45:18

totally [1] - 89:18

touch [2] - 116:5,

135:7

tough [4] - 50:16,

88:24, 88:25, 89:2

tour [3] - 150:25,

155:5, 155:6

toward [5] - 130:11,

145:25, 146:13,

147:6, 147:7

towards [5] - 52:24,

140:3, 144:17,

144:18, 146:12

town [1] - 152:2

training [1] - 75:7

Tramadol [4] - 8:6,

8:7, 8:13, 8:14

transcript [1] - 160:3

transcription [1] -

164:4

transfers [1] - 75:17

transitioning [2] -

160:10, 160:20

transits [1] - 120:25

trauma [1] - 40:18

traumatic [1] - 55:18

traveling [1] - 57:4

treadmill [2] - 82:14,

82:20

treated [5] - 10:20,

22:20, 22:25, 23:2,

23:8

tree [2] - 46:4, 46:5

trial [3] - 63:18,

63:24

TRIAL [1] - 1:11

tried [6] - 19:19,

20:9, 20:10, 21:2,

93:18, 99:15

trip [8] - 4:10, 10:1,

26:21, 108:20,

115:17, 155:16,

156:3, 156:5

trips [9] - 4:19, 5:2,

65:6, 121:1, 132:18,

132:24, 133:5, 133:8,

146:15

trouble [1] - 13:10

true [30] - 94:13,

96:20, 96:21, 98:12,

98:13, 98:24, 99:5,

99:6, 99:8, 113:13,

113:20, 114:3,

114:17, 116:7,

117:16, 118:5, 119:7,

125:10, 125:18,

149:6, 150:2, 152:5,

156:6, 156:7, 156:22,

156:23, 159:21,

159:22, 159:24, 160:5

trustee [1] - 40:10

try [6] - 38:19, 38:20,

93:24, 98:23, 99:6,

99:9

trying [8] - 18:25,

73:2, 73:8, 73:21,

73:22, 78:6, 99:12,

137:18

tuned [1] - 129:19

turn [9] - 22:11, 66:1,

82:15, 82:18, 84:25,

112:14, 136:4,

145:24, 149:16

TV [2] - 82:13, 82:19

twice [5] - 4:22,

51:18, 51:19, 79:9,

102:5

twirl [1] - 77:2

twirling [2] - 66:1,

66:5

two [67] - 6:4, 6:11,

6:24, 9:18, 10:5,

11:18, 12:24, 19:4,

23:14, 23:17, 28:3,

28:20, 28:24, 29:11,

29:15, 29:16, 48:18,

48:22, 52:18, 52:19,

56:1, 57:10, 62:4,

63:10, 66:12, 67:19,

77:3, 77:16, 83:7,

83:18, 84:10, 85:16,

85:17, 88:10, 89:15,

93:19, 100:2, 102:17,

102:25, 103:13,

103:21, 104:4,

104:14, 104:20,

104:23, 104:24,

107:25, 108:2,

110:18, 110:19,

117:12, 124:25,

125:5, 131:16,

140:24, 143:9,

143:16, 144:7, 144:8,

147:19, 161:18,

161:19, 161:20

type [5] - 13:5, 73:4,

73:8, 73:9, 95:13

typical [2] - 85:2,

85:3

typically [3] - 83:6,

83:18, 85:8

U

ultimately [1] - 91:19

unable [2] - 74:6,

74:9

under [13] - 21:17,

27:17, 27:18, 27:19,

36:2, 42:8, 42:9,

42:18, 44:15, 128:2,

157:2, 158:15, 160:5

underneath [5] -

47:17, 134:21,

134:23, 135:15

understood [4] -

130:6, 131:10, 136:2,

160:1

underwent [1] - 5:8

uneducated [1] -

89:5

unfortunately [1] -

10:13

unit [1] - 31:13

united [1] - 2:3

UNITED [2] - 1:1,

1:12

United [4] - 115:24,

116:3, 116:5, 164:11

unusual [1] - 156:3

unzip [1] - 78:1

up [97] - 4:3, 6:2, 6:3,

6:9, 12:9, 12:20,

16:25, 18:6, 18:13,

18:15, 18:20, 18:21,

20:5, 20:11, 20:22,

22:18, 24:11, 30:17,

30:18, 30:20, 32:1,

32:18, 33:20, 35:18,

36:18, 38:25, 40:3,

40:6, 41:7, 41:12,

49:21, 50:21, 51:10,

58:17, 58:24, 60:18,

61:1, 61:3, 61:6,

61:20, 65:2, 66:5,

69:14, 73:2, 76:14,

78:7, 78:22, 79:1,

80:18, 80:22, 82:3,

82:17, 83:6, 83:14,

83:18, 83:21, 84:18,

85:4, 88:5, 89:6, 91:8,

94:3, 95:21, 98:14,

103:17, 107:23,

114:9, 116:25,

117:19, 121:15,

121:24, 122:7, 123:3,

123:4, 124:11,

126:15, 133:11,

133:12, 136:17,

144:10, 144:24,

146:9, 147:4, 148:22,

149:1, 150:15, 151:2,

155:4, 155:15, 156:9,

157:14, 157:24,

158:11, 158:23,

161:11, 161:23

upper [1] - 125:14

uppy [2] - 66:3

upstairs [1] - 78:19

upwards [1] - 156:21

useful [1] - 16:10

V

vacationers [1] -

126:7

vacations [1] - 132:2

vacuum [2] - 75:1,

80:11

vacuuming [2] -

65:14, 80:10

van [3] - 150:24,

150:25, 153:22

various [5] - 9:10,

9:12, 33:3, 33:15,

96:16

vehicle [2] - 40:24,

150:23

verbalize [1] - 41:25

verbally [1] - 47:20

version [2] - 126:21,

127:1

versus [4] - 3:3,

4:19, 56:3, 56:21

vertical [1] - 149:16

vicinity [1] - 125:1

video [14] - 121:2,

121:15, 121:23,

129:20, 130:2, 130:3,

130:6, 130:7, 130:10,

130:14, 130:16,

130:21, 130:24

videos [3] - 128:25,

129:25, 130:2

View [1] - 152:3

view [1] - 123:8

views [1] - 126:20

18

violate [2] - 37:5,

41:3

violent [2] - 126:10,

156:15

visit [36] - 12:14,

14:23, 14:24, 15:2,

15:3, 15:9, 22:7, 22:8,

22:10, 25:2, 28:20,

29:2, 29:19, 31:23,

34:14, 34:16, 34:18,

34:19, 34:21, 34:22,

35:3, 42:8, 45:2, 45:3,

45:4, 45:10, 45:22,

46:9, 49:17, 52:5,

58:18, 72:4, 72:9,

72:13, 118:15

visits [8] - 24:18,

31:9, 45:13, 46:11,

64:14, 65:1, 65:2,

77:15

visual [1] - 27:3

Vivian [3] - 3:7, 3:9,

3:10

VIVIAN [2] - 1:4, 2:12

vs [1] - 1:6

W

waist [3] - 27:21,

27:25, 122:8

wait [2] - 11:19,

155:18

waited [1] - 153:15

waiting [1] - 155:10

wake [4] - 82:17,

83:6, 83:14, 83:18

walk [13] - 10:3,

74:20, 75:1, 75:5,

75:8, 141:11, 141:20,

141:21, 141:22,

142:13, 142:19,

142:20, 146:5

walked [4] - 60:18,

124:1, 140:3, 146:5

walking [2] - 58:24,

62:16

wall [5] - 32:18,

32:19, 50:21, 50:22,

143:21

Walter[1] - 33:2

wants [2] - 12:9,

132:10

warn [2] - 127:18,

127:25

warning [4] - 157:12,

157:21, 158:9, 158:24

warnings [1] - 95:25

washed [1] - 78:22

washer[3] - 75:3,

78:14, 78:17

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183
washing [1] - 65:14

watch [1] - 129:25

watched [1] - 131:8

Waves [1] - 151:17

weak [1] - 36:17

wear [21] - 7:19,

26:18, 26:22, 26:25,

28:1, 28:2, 28:4, 28:8,

28:9, 28:15, 28:17,

28:21, 28:25, 29:3,

29:9, 29:10, 29:14,

29:18, 122:14

wearing [3] - 10:6,

29:4, 81:16

weather[5] - 37:9,

37:12, 37:13, 37:16,

37:17

website [1] - 113:5

Wednesday [4] -

69:3, 162:5, 162:19,

162:21

week [26] - 15:14,

18:22, 18:23, 19:3,

25:12, 25:17, 25:18,

25:19, 31:7, 32:1,

48:22, 62:7, 71:1,

73:11, 79:16, 83:24,

83:25, 84:10, 85:14,

85:16, 86:5, 86:6

weekend [1] - 163:11

weekends [1] - 65:16

weeks [12] - 13:8,

28:3, 28:20, 28:24,

29:4, 29:12, 29:15,

29:16, 29:19, 48:18,

48:22, 49:21

weigh [1] - 74:13

weighs [1] - 73:2

weight [8] - 17:10,

32:11, 32:12, 32:13,

50:13, 50:14, 50:15,

69:8

weird [8] - 63:5,

63:8, 156:9, 156:16,

156:22, 157:14,

157:25, 158:12

western [1] - 101:17

whereas [1] - 134:24

white [6] - 65:22,

65:23, 122:3, 124:23,

137:15

whole [4] - 90:6,

132:2, 136:3

William [2] - 11:2,

12:8

window [5] - 145:12,

145:16, 145:20,

145:21, 145:22

windshield [2] -

37:20, 38:2

wise [1] - 72:25

withdrawn [1] - 8:11

witness [7] - 6:3,

61:17, 63:23, 106:17,

107:16, 110:19,

161:13

WITNESS [7] -

22:16, 73:21, 97:3,

107:21, 134:23,

160:16, 163:9

witness's [1] -

106:17

witnesses [1] - 163:5

WITNESSES[1] -

2:10

woke [2] - 38:25,

91:8

woken [1] - 84:18

women [3] - 96:6,

122:13, 125:3

word [8] - 17:13,

27:20, 32:8, 56:14,

115:18, 146:24,

151:7, 159:14

words [4] - 32:22,

41:21, 66:21, 102:9

wore [6] - 27:1,

28:24, 29:11, 29:12,

29:15, 122:10

worker[2] - 40:14,

52:16

works [1] - 79:9

world [2] - 39:1, 39:4

worried [3] - 155:22,

155:24

worry [4] - 88:17,

88:18, 155:10, 155:20

worrying [1] - 82:21

worse [2] - 47:24,

55:3

worst [1] - 44:12

wound [1] - 40:5

wrap [1] - 161:11

write [3] - 6:23, 7:21,

40:4

wrote [5] - 6:21,

6:22, 45:13, 45:18,

106:21

X

x-rays [4] - 13:3,

59:24, 60:8, 62:13

Y

year[32] - 20:25,

35:4, 37:11, 41:19,

56:2, 57:6, 57:25,

70:12, 70:17, 71:8,

19

72:18, 74:24, 75:22,

90:21, 99:24, 100:1,

100:2, 101:11,

101:14, 101:16,

102:5, 102:17,

102:19, 102:20,

102:25, 104:15,

104:20, 104:23,

104:24, 117:13,

129:12

years [42] - 8:20,

20:20, 20:21, 21:6,

47:8, 56:1, 64:23,

65:3, 65:5, 67:20,

67:23, 82:10, 84:3,

84:7, 87:12, 88:10,

91:3, 92:5, 92:16,

92:20, 92:24, 93:3,

93:5, 93:12, 93:13,

93:15, 93:16, 93:21,

94:3, 94:4, 94:8, 96:5,

96:19, 97:8, 101:1,

103:3, 103:7, 103:13,

103:21

yell [3] - 66:9, 148:6,

148:7

yelled [1] - 65:21

yeller[1] - 148:10

yelling [4] - 124:17,

126:9, 148:1, 148:4

yesterday[5] - 4:1,

7:1, 57:7, 61:16,

161:1

yourself[7] - 111:14,

121:22, 127:4, 127:7,

147:3, 149:10, 149:25

Z

Zoom [2] - 39:17,

40:6

zoom [1] - 105:16

Case 1:20-cv-21961-DPG Document 184 Entered on FLSD Docket 03/07/2024 Page 183 of

183