IN THE UNITED STATES DISTRICT COURT

 FOR THE SOUTHERN DISTRICT OF FLORIDA

 CASE NO. 20-cv-61241-RUIZ

 APRIL HICKS,

 Plaintiff,

 vs.

 THE UNITED STATES OF AMERICA,

 Defendant.

 _________________________________/

 THE UNITED STATES OF AMERICA,

 Counterclaim Plaintiff,

 vs.

 APRIL HICKS,

 Counterclaim Defendant.

 _________________________________/

 DEPOSITION OF TYRONE EUGENE HILTON

 TAKEN ON BEHALF OF THE PLAINTIFF

 APRIL 5, 2021

 10:02 A.M. TO 2:41 P.M.

 ALL PARTIES APPEARED REMOTELY

 PURSUANT TO

 FLORIDA SUPREME COURT ORDER AOSC20-23

 STENOGRAPHICALLY REPORTER BY:

 JAIME DE FRANCESCHI

 FLORIDA PROFESSIONAL REPORTER

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 1 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 2 of 131

1 APPEARANCES OF COUNSEL

2 ON BEHALF OF THE PLAINTIFF:

3 MATTHEW S. TUCKER, ESQUIRE

 TUCKER LAW

4 200 SE 6TH STREET, SUITE 405

 FORT LAUDERDALE, FL 33301

5 954.204.0444

 Matt@TuckerUp.com

6 (REMOTELY VIA ZOOM)

7 ON BEHALF OF THE DEFENDANT:

8 MONICA L. HADDAD FORBES, ESQUIRE

 ASSISTANT UNITED STATES ATTORNEY

9 U.S. ATTORNEY'S OFFICE

 SOUTHERN DISTRICT OF FLORIDA

10 500 S. AUSTRALIAN AVENUE, SUITE 400

 WEST PALM BEACH, FL 33401

11 561.209.1004

 monica.forbes@usdoj.gov

12 (REMOTELY VIA ZOOM)

13

14

15

16

17

18

19

20

21

22

23

24

25

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 2 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 5 of 131

1 DEPOSITION OF TYRONE EUGENE HILTON

2 APRIL 5, 2021

3 THE COURT REPORTER: We are now on the record

4 in the matter of April Hicks v. United States of

5 America; and the United States of America v. April

6 Hicks, Case No. 20-cv-61241. The date is April 5,

7 2021, and the time is 10:02 a.m. Would counsel

8 state their appearances for the record and

9 stipulate to the swearing in of the witness

10 remotely?

11 MR. TUCKER: Matthew Tucker on behalf of the

12 Plaintiff, April Hicks.

13 MS. FORBES: Monica Haddad Forbes, Assistant

14 United States Attorney for the Southern District of

15 Florida on behalf of the Defendant, United States

16 of America.

17 THE COURT REPORTER: Please raise your right

18 hand, Mr. Hilton. Do you swear or affirm that

19 the testimony you are about to give will be the

20 truth, the whole truth, and nothing but the

21 truth?

22 THE WITNESS: Yes.

23 Thereupon:

24 TYRONE EUGENE HILTON

25 having been first duly sworn, testified as follows:

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 3 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 32 of 131

1 neighborhood, right, because it's a main street?

2 MS. FORBES: Object to form.

3 THE WITNESS: It's a main street. No, it's

4 not a side street.

5 BY MR. TUCKER:

6 Q. And does the house at -- I believe it's --

7 well, let me ask you this: Would you recognize the

8 house where you delivered the package if I showed you?

9 A. No, sir, I probably wouldn't.

10 Q. Okay. So you pull up to a house to deliver a

11 package right before the crash. Fair?

12 A. Yes.

13 Q. And it's on this main, four lane street.

14 Right?

15 A. Yes.

16 Q. Do you stop in the middle of the road?

17 MS. FORBES: Object to form.

18 THE WITNESS: No. There's a bike lane.

19 BY MR. TUCKER:

20 Q. Okay. Did you park in the bike lane?

21 A. Yes.

22 Q. Is any of your car sticking out into the lane

23 of travel or did you park on the sidewalk?

24 MS. FORBES: Object to form.

25 THE WITNESS: I know I didn't park on the

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 4 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 33 of 131

1 sidewalk, no. We're not supposed to do that.

2 BY MR. TUCKER:

3 Q. Well, what are you supposed to do on a main

4 street when you have to stop to deliver mail?

5 A. Well, you get as close -- park in the bike

6 lane, put your flashers on and your e-brake; and you get

7 out and deliver the package.

8 Q. Have you received training with the USPS on

9 how to drive their trucks?

10 A. Yes.

11 Q. And the training tells you to not park on

12 sidewalks?

13 MS. FORBES: Object to form.

14 THE WITNESS: I'm not sure of that part. But

15 it's just common knowledge to not park on the

16 sidewalk because there's people walking.

17 BY MR. TUCKER:

18 Q. Well, what have you been trained to do by the

19 United States Post Office when you stop at a busy main

20 road?

21 A. Exactly what I did. Stay in the bike lane and

22 get as far to the curb as you can, turn your wheels,

23 pull your emergency brake up and put your flashers on,

24 and get out and deliver the package.

25 Q. Are you allowed to pull into somebody's

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 5 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 37 of 131

1 Q. And the bike lane is not big enough for your

2 entire truck. Is that fair?

3 A. It sticks out a bit.

4 Q. It sticks out a bit into the main roadway.

5 Correct?

6 MS. FORBES: Object to form.

7 THE WITNESS: Yes. Correct.

8 BY MR. TUCKER:

9 Q. And so at the time just before the crash your

10 vehicle was stopped on a main, busy road, sticking out

11 into the rightmost lane. Fair?

12 A. The furthest to the right, toward the

13 sidewalk, yes, sir.

14 Q. Were you parked directly in front of that

15 person's driveway or where were you parked when you were

16 going to deliver that package?

17 MS. FORBES: Object to form.

18 THE WITNESS: I don't recall if I was directly

19 in front or whatnot. I don't recall.

20 BY MR. TUCKER:

21 Q. Okay. Well, so you stop at the house, whatever

22 house that may be, just before the crash, and you get

23 out and deliver a package?

24 A. Yes.

25 Q. Was it just one package that you delivered

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 6 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 48 of 131

1 A. Yes.

2 Q. What happens next?

3 A. I check my mirrors -- or I put my seat belt on

4 first and I check my mirrors. And as I'm checking my

5 mirrors, I see this car coming and I'm like it's not

6 stopping. Like the car is not stopping. So I already

7 had everything set. I didn't even move my emergency

8 brake because that would have made everything worse.

9 And my flashers was on so I just held on and took a hit.

10 Q. And when you took this hit, did your vehicle

11 move?

12 A. Yes. It moved up to the spot where you see me

13 turned.

14 Q. You're saying it moved all the way up to where

15 we can see in Exhibit 2. Right?

16 A. Exactly.

17 MS. FORBES: Form.

18 THE WITNESS: Well, whichever one it was.

19 BY MR. TUCKER:

20 Q. And were there any tire marks on the ground

21 from your vehicle?

22 A. Yes, there were. That's what saved me, the

23 emergency brake. That's how they knew it wasn't my

24 fault.

25 Q. And when you say the emergency brake, so had

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 7 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 49 of 131

1 you taken off your emergency brake prior to the crash?

2 MS. FORBES: Object to form.

3 THE WITNESS: No. I didn't have time to.

4 BY MR. TUCKER:

5 Q. What did the tire marks on the ground look

6 like?

7 A. They were black, like --

8 Q. Were there tire marks going from 412, all the

9 way -- well, strike that. Let me pull up the picture.

10 All right. I'm showing you Exhibit 4. And we

11 made that blue line in the bike lane that shows where

12 your car stopped; were there tire marks all the way from

13 this blue line, all the way up to this next house where

14 we see the crash in Exhibit 2?

15 A. Yes, sir. I want to say yes.

16 Q. And you saw them with your eyes?

17 A. Yes. And my supervisor took pictures.

18 Q. Your supervisor took pictures of the track

19 marks?

20 A. Yes.

21 Q. You saw him do that?

22 A. Yes.

23 Q. Did you ever see the pictures of the track

24 marks?

25 A. Yes.

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 8 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 50 of 131

1 Q. Where did you see them?

2 A. I had him send them to me.

3 Q. So you actually have them?

4 A. Yes.

5 Q. Other than your vehicle and Ms. Hicks'

6 vehicle, did your vehicles come into contact with any

7 other objects?

8 A. No, sir.

9 Q. And you saw track marks from this blue line

10 all the way up until this next house where the fence

11 starts?

12 MS. FORBES: Object to form.

13 THE WITNESS: I'm not gonna say I'm sure that

14 I seen it all the way up to there, but there were

15 marks throughout, yeah, leading up to there, yes.

16 BY MR. TUCKER:

17 Q. And you saw long track marks from this crash?

18 A. Yes. It was skid and some long ones, yes.

19 Q. How long was the longest skid mark that you

20 saw?

21 MS. FORBES: Object to form.

22 THE WITNESS: I couldn't really recall that.

23 BY MR. TUCKER:

24 Q. More than the length of a car?

25 MS. FORBES: Object to form.

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 9 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 51 of 131

1 THE WITNESS: I'm not sure. Once again, sir,

2 I'm not sure.

3 BY MR. TUCKER:

4 Q. You said that when you got back in your car

5 just prior to the crash you put your seat belt on?

6 MS. FORBES: Object to form.

7 THE WITNESS: Yes.

8 BY MR. TUCKER:

9 Q. Had you put the vehicle in drive at that

10 point?

11 MS. FORBES: Object to form.

12 THE WITNESS: No. I did not get a chance to

13 turn the vehicle on.

14 BY MR. TUCKER:

15 Q. You're saying your vehicle was off when the

16 crash occurred?

17 A. Yes. I never got a chance to turn the vehicle

18 on.

19 Q. After the crash occurred, what happened?

20 A. She got out of the car and ran around my truck

21 and banged on my window, asking me to roll it down to

22 see if I was okay and asked me what happened and, yeah,

23 then she went back to her vehicle.

24 Q. She just said "What happened?"

25 A. Yeah. She said "What happened? Were you

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 10 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 52 of 131

1 trying to make a U-turn? What were you trying to do? I

2 don't know what happened." And I just stared at her

3 like uh, okay.

4 Q. You didn't say anything back?

5 A. No. I didn't say anything back.

6 Q. Why not?

7 A. I don't think I had anything good to say to

8 her.

9 Q. Why is that?

10 A. It just wasn't a good time for me to speak to

11 her on anything because of what she just did.

12 Q. Well, what do you say that she did?

13 A. You ran into a parked vehicle and you totaled

14 your car from the front, so I mean there were other

15 vehicles passing me on the street the same time she did

16 it, so it's like I can't give you a pass. I don't have

17 anything nice to say to you so I'm not going to say

18 anything to you.

19 Q. What lane was she in just prior to the crash?

20 A. She was in the right lane. The same lane that

21 I was halfway in.

22 Q. Do you know what her speed was?

23 MS. FORBES: Object to form.

24 THE WITNESS: No, sir.

25 BY MR. TUCKER:

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 11 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 53 of 131

1 Q. Was your door open at the time of the crash?

2 A. No, sir.

3 Q. It was closed?

4 A. Yes, sir.

5 Q. How many impacts were there to your vehicle?

6 MS. FORBES: Object to form.

7 THE WITNESS: Excuse me?

8 BY MR. TUCKER:

9 Q. How many impacts? Was there a single impact

10 to your vehicle or was there more than one impact?

11 A. There was just a single one.

12 Q. Prior to the crash, just prior to the crash,

13 was your vehicle moving at all?

14 A. No, sir.

15 Q. When the crash occurred, your vehicle moved.

16 Is that fair?

17 A. Yes. That's fair to say.

18 Q. Is it fair to say based on the picture that we

19 saw, that it moved about 10 to 15 feet?

20 MS. FORBES: Object to form.

21 THE WITNESS: I'm not sure on how far it

22 moved.

23 BY MR. TUCKER:

24 Q. But we do know that it moved, from what you're

25 saying, from that blue line in Exhibit 4, all the way up

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 12 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 80 of 131

1 accident.

2 Q. Do you wear glasses?

3 A. No, sir.

4 Q. Contact lenses?

5 A. No, sir.

6 Q. Any issues with your vision?

7 A. No, sir.

8 Q. What did you do before you worked for the

9 USPS?

10 A. I worked at Medline. It's a medical company.

11 Q. Any mechanical problems with your vehicle that

12 day prior to the crash?

13 A. No, sir.

14 Q. Did the vehicle you were in sustain any

15 damage?

16 A. Was it damaged?

17 Q. Correct.

18 A. Prior to the accident or after?

19 Q. Well, was it damaged prior to the crash?

20 A. No, sir.

21 Q. What about after the crash?

22 A. Yes, sir.

23 Q. Where was the damage to your vehicle?

24 A. The back bumper and the side of the back tire,

25 the rim of it, like the circle where the tire is.

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 13 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 81 of 131

1 Q. Okay. So the back, left side of the vehicle

2 you were driving was damaged?

3 A. Yes, sir. The bumper. They have pictures and

4 stuff like that, but I don't.

5 Q. And the bumper on that vehicle wraps around

6 the left side of the vehicle. Is that fair or unfair?

7 A. Yeah. It wraps around both sides, pretty

8 much.

9 Q. In other words, it covers the whole back part

10 of the vehicle, but it also comes up on the left and

11 right side of the vehicle too. Yes or no?

12 A. Yeah. Just a little on the left and the

13 right, yes.

14 Q. Did you inspect the damage after the crash?

15 A. I looked at it, yeah, pretty much. I looked

16 at it.

17 Q. And what did you see?

18 A. At that point, all I can see is her front --

19 the last picture you showed me, and just the damage on

20 the bumper, yes.

21 Q. Let's talk about the training that you

22 received from the USPS. What type of training have you

23 received related to driving vehicles for the United

24 States Post Office?

25 A. Well, we're always supposed to check the truck

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 14 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 128 of 131

1 CERTIFICATE OF OATH

2 STATE OF FLORIDA

3 COUNTY OF PALM BEACH

4

5 I, Jaime De Franceschi, Florida Professional

6 Reporter and Notary Public, State of Florida, certify

7 that TYRONE EUGENE HILTON remotely appeared before me on

8 the 5th day of April, 2021, and was duly sworn.

9

 Signed this 19th day of April, 2021.

10

11

12

 _______________________________________

13 JAIME DE FRANCESCHI

 Notary Public, State of Florida

14 My Commission No.: GG 215231

 Expires: May 07, 2022

15

16

17

18

19

20

21

22

23

24

25

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 15 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 129 of 131

1 CERTIFICATE OF REPORTER

2 STATE OF FLORIDA

3 COUNTY OF PALM BEACH

4

5 I, Jaime De Franceschi, Florida Professional

6 Reporter, certify that I was authorized to and did

7 stenographically report the Zoom videotaped deposition

8 of TYRONE EUGENE HILTON; that a review of the transcript

9 was requested; and that the transcript is a true record

10 of my stenographic notes.

11 I further certify that I am not a relative,

12 employee, attorney, or counsel of any of the parties,

13 nor am I a relative or employee of any of the parties'

14 attorneys or counsel connected with the action, nor am I

15 financially interested in the action.

16

 DATED this 19th day of April, 2021.

17

18

19

 _______________________________________

20 JAIME DE FRANCESCHI, COURT REPORTER

21

22

23

24

25

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 16 of 17
Hilton, Tyrone Eugene 04-05-2021 Page 131 of 131

1 ERRATA SHEET

2 I wish to make the following changes, for the following

reasons:

3

PAGE NO. LINE NO.

4

_______ _______ CHANGE______________________________

5

REASON______________________________

6

_______ _______ CHANGE______________________________

7

REASON______________________________

8

_______ _______ CHANGE______________________________

9

REASON______________________________

10

_______ _______ CHANGE______________________________

11

REASON______________________________

12

_______ _______ CHANGE______________________________

13

REASON______________________________

14

_______ _______ CHANGE______________________________

15

REASON______________________________

16

_______ _______ CHANGE______________________________

17

REASON______________________________

18

_______ _______ CHANGE______________________________

19

REASON______________________________

20

_______ _______ CHANGE______________________________

21

REASON______________________________

22

_______ _______ CHANGE______________________________

23

REASON______________________________

24

______________________ 5/4/2021

25 SIGNATURE DATE

118 17 "lose" instead of "love"

typographical error

Case 0:20-cv-61241-RAR Document 38-1 Entered on FLSD Docket 09/02/2021 Page 17 of 17