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Page 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: L.M. Plaintiff, - VS- JEFFREY EPSTEIN AND Defendants. DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT 1 OF PLAINTIFF'S SECOND AMENDED COMPLAINT EXCERPT OF HEARING BEFORE THE HONORABLE DONALD HAFELE Friday, April 9, 2010 Palm Beach County Courthouse West Palm Beach, Florida 33401 11:00 - 12:04 p.m. Reported By: Cynthia Hopkins, RPR, FPR Notary Public, State of Florida Prose Court Reporting Job No.: 1275 Original PROSE COURT REPORTING AGENCY, INC. Electronically signed by cynthia hopkIns 788c1f9d-ca77-4b29.8ecd-43bc34t7f492 EFTA01076714 Page 2 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 CASE NO: 3 E.W. 4 Plaintiff, 5 6 -vs- 7 JEFFREY EPSTEIN AND 8 Defendants. 9 10 11 . DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT 1 OF PLAINTIFF'S SECOND AMENDED COMPLAINT 12 13 EXCERPT OF HEARING BEFORE THE HONORABLE DONALD HAFELE 14 15 Friday, April 9, 2010 Palm Beach County Courthouse 16 West Palm Beach, Florida 33401 11:00 - 12:04 p.m. 17 18 19 Reported By: Cynthia Hopkins, RPR, FPR 20 Notary Public, State of Florida Prose Court Reporting 21 Job No.: 1275 22 23 24 25 PROSE COURT REPORTING AGENCY, INC. Electronically signed by cynthia hopkins 7813cl f9d-ca77-4b29-8ecd-43bc3417/492 EFTA01076715 Page 31 1 APPEARANCES: 2 On behalf of the Plaintiffs, L.M., E.W. and Jane Doe: 3 4 GARY FARMER, ESQUIRE 5 BRADLEY J. EDWARDS, ESQUIRE FARMER, JAFFE, WEISSING, EDWARDS 6 FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue Suite 2 Fort Lauderdale, Florida 33301 Phone: 8 9 10 11 On behalf of the Defendant: 12 ROBERT D. CRITTON, JR., ESQUIRE 13 BURMAN, CRITTON, LUTTIER & COLEMAN, 303 Banyan Boulevard LLP 14 Suite 400 West Palm Beach, Florida 33401 Phone: 15 16 17 18 19 20 91 I 22 23 24 25 PROSE COURT REPORTING AGENCY, INC. Electronically signed by Cynthia hopkIns (601a) 7813c1f9d-ca77-4b29-Secd-43bc34f7f492 EFTA01076716 Page 4 1 EXCERPT OF PROCEEDINGS 2 * * * * * 3 THE COURT: Well, you know, I think that 4 you're right but what I want to do is this: I 5 would like to just be able to pin down the very 6 narrow issue of just, I guess, a long-time 7 belief that negligence equals accident or 8 unintentional activity. And I guess I really 9 need that fundamentally to be briefed so as to 10 make a final decision on the issue. Clearly I 11 recognize that the defense is saying to 12 themselves, in a respectful tone I trust, that 13 it doesn't really matter. 14 But the reason why I am concerned about it 15 is that while I recognize that in the insurance 16 context it's essentially a given, but as 17 Mr. Farmer I think points out properly, the 18 context of insurance is driven by contract, and 19 by the language of a policy. And I don't want 20 to be simply utilizing what I have been 21 probably indoctrinated with, and that is the 22 concept that negligence means essentially 23 unintentional acts as a matter of law. 24 Now, I know that seems to be at least the 25 implication and perhaps the clearer message of PROSE COURT REPORTING AGENCY, INC. Electronically signed by cynthia hoped'', (6011 788c1f9d-ca77-4b29-Becd-43bc34f7f492 EFTA01076717 Page 1 those cases dealing with insurance law and 2 contracts of insurance, but I just need to be 3 comfortable with my ultimate decision and 4 that's where I just have the dilemma at this 5 juncture is can I comfortably enter summary 6 judgment under the thought process that clearly 7 what is claimed as intentional acts violative 8 of these six, or whatever, seven, eight 9 statutes, is somehow in a posit to the concept 10 of negligence as defined by the Florida law. 11 Do you understand what I am saying? 12 MR. CRITTON: Yes. 13 * * * * * 14 15 16 17 18 19 20 21 22 23 24 25 PROSE COURT REPORTING AGENCY, INC. Electronically signed by Cynthia hopkins (601 ) 788clf9d.ca77.4b29-Bacd-43bc34f7f492 EFTA01076718 Page 6 1 CERTIFICATE 2 3 STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 6 7 I, Cynthia Hopkins, Registered Professional 8 Reporter and Florida Professional Reporter, State of 9 Florida at large, certify that I was authorized to 10 and did stenographically report the foregoing 11 proceedings and that the transcript is a true and 12 complete record of my stenographic notes. 13 14 15 16 17 18 19 20 21 22 23 24 25 Dated this 15th day of April, 20010. C thia Hopkins, R R, FPR Job #1275 PROSE COURT REPORTING AGENCY, INC. Electronically signori by cynthia hopkins (601• 768c1f9d-ca77-4b29.8•cd-43bc34f7f492 EFTA01076719