Preview
Filing # 181960898 E-Filed 09/16/2023 09:31:12 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2020 CA 001106 AN
XIAO SHENG YUE,
Plaintiff,
vs.
CYNTHIA M FOERSTER AND CHAPP,
INC.,
Defendants.
/
PLAINTIFF’S NOTICE OF FILING
DEPOSITON TRANSCRIPT OF VICTOR YUE
COMES NOW, the Plaintiff, XIAO SHENG YUE, by and through the undersigned
attorneys, and hereby gives Notice of the Filing with the Court of the Deposition Transcript of
VICTOR YUE dated July 27, 2021. Said deposition transcript is for use at trial.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 16th day of September, 2023, I electronically filed the
foregoing with the Clerk of Courts by using the using the Florida Courts eFiling Portal, which
will send a copy via email to: Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison,
6300 University Parkway, Ste 101, Sarasota, FL 34240, via email at jsanteiro@feci-group.com;
ssmithS@fcci-group.com; legalservice@feci-group.com.
/s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: cvictor@forthepeople.com
Attorney for Plaintiff
IN THE CIRCUIT COURT OF NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2020-CA-1106AN
XIAO SHENG YUE,
Plaintiff,
vs.
CYNTHIA M. FOERSTER AND
CHAPP, INC.,
Defendants.
VIDEOTAPED DEPOSITION OF VICTOR YUE
APPEARING REMOTELY FROM
ORANGE COUNTY, FLORIDA
Taken on behalf of Defendants
Pages 1 through 34
Tuesday, July 27, 2021
2:09 p.m. - 2:36 p.m.
U.S. LEGAL SUPPORT, INC.
4200 WEST CYPRESS STREET
SUITE 750
TAMPA, FLORIDA 33607
STENOGRAPHICALLY REPORTED BY:
FRANCES CHIPPENDALE, F.P.R.
Florida Professional Reporter
Job No.: 2454174
APPEARING REMOTELY FROM
SARASOTA COUNTY, FLORIDA
REMOTE APPEARANCES:
On Behalf of the Plaintiff
MORGAN & MORGAN, P.A.
4495 SOUTH SEMORAN BOULEVARD
ORLANDO, FLORIDA 32822
(407) 452-6982
mstefan@forthepeople.com
BY: MANUEL F. STEFAN, ESQUIRE
On behalf of the Defendant
LAW OFFICES OF SANTEIRO & GARRISON
6300 UNIVERSITY PARKWAY
SUITE 101
10 SARASOTA, FLORIDA 34240
(800) 226-3224
11 jsanteiro@fcci-group.com
BY: JORGE SANTEIRO, JR., ESQUIRE
12
13 ALSO PRESENT:
14 BONNIE GARCIA
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INDEX OF PROCEEDINGS
DEPOSITION OF VICTOR YUE PAGE
Direct Examination by Mr. Santeiro
Certificate of Reporter 31
Certificate of Oath 32
Errata Sheet 33
Witness Notification Letter 34
(No exhibits marked.)
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Videotaped deposition taken remotely before
FRANCES CHIPPENDALE, F.P.R., Notary Public in and for
the State of Florida at Large in the above cause.
TR
(**Witness presents government issued identification and
identity verified.)
THE VIDEOGRAPHER: Good afternoon. We’ re now
on the record. Participants should be aware that
this proceeding is being recorded and, as such, all
10 conversations held will -- will be recorded unless
11 there’s a request and agreement to go off the
12 record. Private conversations and/or
13 attorney-client interactions should be held outside
14 the presence of the remote depo interface.
15 For the purpose of creating a witness-only
16 video recording, the witness is being spotlighted
17 or locked on all video screen while in speaker
18 view. We ask that the witness not remove the
19 spotlight setting during the deposition, as it may
20 cause other participants to appear in the final
21 video rather than just the witness. For anyone who
22 doesn’t want the witness video to take up the large
23 part of your screen, you may click the gallery view
24 button in the upper right corner of the remote depo
25 interface.
This is the remote video recorded depo of
Victor Yue, being taken by the counsel for the
Defendant. Today is Tuesday, July 27, 2021. The
time now 2:10 p.m. Eastern Standard Time. We’re
here in the matter of Xiao Yue vs. Cynthia
Foerster. My name is Bonnie Garcia, remote video
technician on behalf of U.S. Legal Support. I am
not related to any party in this action, nor
financially interested in the outcome.
10 At this time will the reporter, Frances
11 Chippendale, on behalf of U.S. Legal Support,
12 please enter the statement for the remote
13 proceeding into the record.
14 THE COURT REPORTER: The attorneys
15 participating in this deposition acknowledge that I
16 am not physically present in the deposition room
17 and that I will be reporting this deposition
18 remotely. They further acknowledge that, in lieu
19 of an oath administered in person, I will
20 administer the oath remotely. This arrangement is
21 pursuant to the Florida Supreme Court
22 Administrative Order No. AOSC-20-16.
23 The parties and their counsel consent to this
24 arrangement and waive any objections to this manner
25 of reporting. Please indicate your agreement by
stating your name and your agreement on the record,
beginning with Plaintiff counsel.
MR. STEFAN: Plaintiff counsel, in agreement.
MR. SANTEIRO: Jorge Santeiro for the
Defendants and I am in agreement.
THE COURT REPORTER: And, Mr. Yue, would you
please raise your right hand?
Do you swear or affirm the testimony you’ re
about to give shall be the truth, the whole truth
10 and nothing but the truth?
11 THE WITNESS: I do.
12 THE COURT REPORTER: Thank you.
13 WHEREUPON,
14 VICTOR YUE,
15 having been first duly sworn, was examined and testified
16 as follows:
17 DIRECT EXAMINATION
18 BY MR. SANTEIRO:
19 Q. Good afternoon, Mr. Yue.
20 A. Hey.
21 Q. Hey, before we went on the record, I
22 introduced myself. I’m an attorney. I represent the
23 Defendants, Chapp, Inc. and Cynthia Foerster. Here to
24 ask you some questions under oath, okay?
25 A. Yup.
Q. Have you ever had your deposition taken
before, sir?
A. No, none of this.
Q. Okay. So, basically, everything is being
taken down by the court reporter. And there’s also a
videographer, but everything is under oath, you know,
you understand what that means?
A. Yeah.
Q. Okay. What it means is that you’re here to
10 testify to facts that you know, facts that you remember.
11 If you don’t know the answer to one of my questions,
12 please let me know you don’t know or you forgot or you
13 don’t remember and that’s fine, okay?
14 A. Yup.
15 Q. What I don’t want you to do is to speculate or
16 guess; does that make sense?
17 A. Yeah.
18 Q. Okay. If I ask you any questions that call
19 for a yes or no, please state yes or no, because if you
20 just nod or shake your head or say uh-huh or uh-uh, it
21 may not show up clearly on the record, okay?
22 A. Yeah.
23 Q. Okay. If you have any difficulty
24 understanding my questions because I ask you a bad
25 question or because the Zoom link was garbled or
whatever, please let me know and I’11 be happy to repeat
my question for you, okay?
A. Okay.
Q. All right. Great.
What is your full name, please?
A. Victor Yue.
Q. Okay. Do you have a middle name?
A. No.
Q. Where do you live?
10 A. Orlando.
11 Q. And what’s your address?
12 A. ee
ee, Florida 32817.
14 Q. How long have you lived there?
15 A. Year.
16 Q. Okay. Did you move out of the family home in
17 Kissimmee?
18 A. Yes.
19 Q. And is that the address at Philadelphia
20 Circle?
21 A. Yup.
22 Q. Okay. Do you have any plans to move?
23 A. No.
24 Q. Okay. All right. We’re here about an
25 accident involving your father that happened on
September 11th, 2018. Are you familiar with the
accident?
A. I am.
Q. Okay. We’ll go back to that in a little bit,
just wanted to ask you, basically, just a couple more
background questions.
What do you do for a living?
A. Student.
Q. Okay. Where do you go, a:
10 A. Yup.
11 Q. What are your majoring in?
12 A. Computer science.
13 Q. And when do you expect to graduate?
14 A. 2020 -—- 2023.
15 Q. Good luck.
16 A. Thank you.
17 Q. All right. Let’s talk a little bit about the
18 accident. Were you living at home on September 11th,
19 2018?
20 A. Yeah. Yeah.
21 Q. Okay. Who else was living -- this is the
22 Hs dress, who else was living at the
23 home at the time?
24 A. My father. My mother.
25 Q. And we took the deposition of your brother,
Benjamin, this morning. He said that he was already
living in California, I believe San Francisco, at the
time?
A. Yeah. Yeah. California.
Q. Okay. How did you hear about the accident?
A. I believe I was at school on that day or at
home, I don’t remember, but I -- I got a phone call from
the hospital that says, like, oh, your -- your father is
in the hospital, so.
10 Q. Okay. And what did you do?
11 A. I -- I -- I called my brother about it, I told
12 him what happened, and then I -- I just stayed home. I
13 was -- I didn’t have, like, a license or anything at the
14 time, so I just stayed home or was at school.
15 Q. Okay. So you didn’t have a driver’s license
16 at the time?
17 A. No.
18 Q. Okay. If you were going to school, you would
19 have been in high school?
20 A. Yeah.
21 Q. Okay. What school was that?
22 A. Osceola County School for the Arts.
23 Q. Interesting that you went to a -- to a school
24 for the arts and now you’re studying computer science.
25 A. Yeah. Yeah. A change of -- change of plans.
Q. Okay. Did you talk to your mom at all that
day, the day that your father had the accident?
A. She -- I think she was in China at that time.
I -- yeah, I probably was like, hey, dad -- dad was in
an accident.
Q. Okay. She would have gone to China by
herself?
A. Yeah.
Q. Okay. So how would you get back to —- back
10 and forth to school if you didn’t have a driver’s
11 license?
12 A. School bus.
13 Q. School bus, okay.
14 A. Yeah.
15 Q. Were you ever able to visit your father at the
16 hospital?
17 A. No.
18 Q. Did you speak to him when he was at the
19 hospital?
20 A. No.
21 Q. Okay. Did you speak to any of the nursing
22 staff or doctors or anyone else from the hospital when
23 he was there?
24 A. Yeah, the -- the hospital staff who called me,
25 I spoke to her.
Q. Oh, okay. And what -- what kinds of -—- did
they tell you what -- what -- whether he was hurt, what
his diagnosis was, what was the nature of -—- of your
discussions with them?
A. I don’t remember clearly, but what I do
remember is, she called me and she said, hey, your
father is in the emergency room right now, we have him
under care, he was in a car accident, that’s -- that’s
all I remember.
10 Q. Okay. Did you ask if he was okay?
11 A. Say that again.
12 Q. Did you ask if he was okay?
13 A. Yeah. Yeah. She just said he was in the ER,
14 they didn’t -- they didn’t give me, like, specifics, I
15 don’t think.
16 Q. I think it’s a natural question to ask if he’s
17 doing okay or if he’s hurt or is he okay.
18 A. I mean, this was, like, three years ago, I —-
19 I probably did, yeah, I was like, is he okay and
20 everything, so yeah.
21 Q. Well, I know and, look, it’s not a memory
22 contest, so if you don’t remember, that’s fine. It just
23 seems like it’s a kind of significant issue if your
24 father ends up in the ER that -—-—
25 A. Yeah.
Q. So did they ever tell you what his diagnosis
was or whether he was hurt or what was wrong?
A. No, they -- they just said he was in a car
accident and he -- he was in the ER.
Q. Do you know how long he was in the hospital?
A. It was at least, like, two days.
Q. Okay. Do you know how he got home?
A. I don’t recall.
Q. Okay. Well, you couldn’t have picked him up
10 because you didn’t —-
11 A. No.
12 Q. -—- drive at the time?
13 Okay. There’s —- do you know if he took an
14 Uber or if he called a friend or what happened?
15 A. I -- no, I have no idea.
16 Q. Okay. Were you home when he got home?
17 A. Yes, I —- I think so.
18 Q. If you remember. If you don’t -—- if you don’t
19 know, I don’t want you to guess, okay?
20 A. Yeah. I don’t know, then. I don’t know.
21 Q. Okay.
22 All right. Did you talk to him at all when he
23 was in the hospital before he came home?
24 A. No.
25 Q. Okay. Does he have a phone?
A. Yeah.
Q. Do -- do you have a phone?
A. Yeah, I do.
Q. Okay. Did you text with him or FaceTime or
anything during this time he was in the hospital?
A. I think we had, like, one text exchange,
afterwards he called me. I was like, hey, are okay, he
-—- and he just -- he just said, like, yeah, or
something, and that was it. I + I didn’t —- I didn’t
10 give him a phone call, I don’t think.
11 Q. Okay. All right. So how was he when he got
12 home? I mean, did he appear hurt to you, did he look
13 different to you, tell me what your impression was?
14 A. Well, I -- I think he was already -- so I --
15 came home from school and he was already home. I —- I
16 just remember he -- he was in his bedroom, he was just
17 laying down. I -- I -- like, that -- that specific
18 time, he was on the bed.
19 Q. Okay. Now, your mom was still in China at the
20 time you said?
21 A. Yeah.
22 Q. Do you know for how long, was it another day
23 or another week or another month?
24 A. I don’t know.
25 Q. Okay. Was he able to get around and go to the
kitchen, help himself to -- to lunch or dinner, or did
you have to help him with these things?
A. Yeah, he -—- he helped me up -- he asked me to
help him up, but I + I think he -- he would be able to
-—- he was able to walk by himself around the house by
himself. I didn’t have to, like, carry him around.
Q. Okay. Did he have a wheelchair or a walker or
a cane?
A. No.
10 Q. Did he have a neck brace or a back brace or
11 any kind of brace?
12 A. I think he had a neck brace on. Yeah, I + I
13 remember he had -—- he had some type of brace on his -—-
14 on his neck area.
15 Q. Okay. Until your mom returned, did you guys
16 need to go out for groceries?
17 A. Yeah, probably.
18 Q. Okay. And who would have done that, you or
19 him?
20 A. My dad.
21 Q. Do you know what happened to the car that he
22 was driving in the accident?
23 A. I just know that the -- some other car hit him
24 in the back and his car, like, the -- the rear end was
25 in pretty bad condition.
Q. Do you know if it was totaled?
A. No.
Q. I mean, did you ever see the car again at -—-
at your house or did it --
A. No.
Q. -- go away?
A. I -- I don’t recall seeing it.
Q. Okay. What did your father tell you about
this accident?
10 A. He was parked at a red light and all of a
11 sudden some car hit him in the back, and the -- the car
12 that hit him, like -- like -- was, like, totaled, there
13 was, like, smoke coming out of it. And -- and he told
14 me that the -- the person who was driving it, like,
15 accidentally hit the acceleration instead of the brake.
16 Q. Okay.
17 A. Yeah.
18 Q. Did you notice any physical or cognitive
19 differences in your father following this accident as
20 oppose to before the accident?
21 A. Yeah. I think -- I think the main thing is,
22 like, before he —- okay, so after the accident, he would
23 -- he would stutter a lot. Like, I would -- I would
24 talk to him about whatever, everyday thing, and he would
25 -—- he would, like, stutter a lot, like, he would be
stuck on, like, the same syllable for, like, a couple
seconds.
And before, like, I —- I would have normal
conversations with him and he wouldn’t, you know
stutter. I think that’s the main thing.
Another thing could be, so I -- I was in high
school at the time of the accident and before he would
help me a lot with, like, whatever homework I had, like,
math or whatever. And afterwards, like, I -- I stopped
10 going to him because he, like -- he couldn’t help me
11 anymore, I would go to my brother.
12 Those —- those are, like, the two things that,
13 like, immediately come to mind.
14 Q. Are —- are you fluent in Mandarin?
15 A. I wouldn’t say fluent, but I’m -- I’m —-- I’m
16 well-versed in Mandarin.
17 Q. Okay. And when you speak to your father ona
18 —-- ona conversational basis, do you tend to speak in
19 English or -—- or in Mandarin?
20 A. No, completely English. I -- I never speak to
21 him in Chinese.
22 Q. Okay. And have you noticed your father having
23 any difficulty with the English language since the
24 accident?
25 A. No, I mean, besides the stuttering, like, his
grammar is -- is —- is bad. Like, I -- like, again, I
would have -- before I would have, like, normal
conversations with him, it would be, like, free flowing,
and then -- but now, like, he’s -- along with the
stuttering, like, he has, like, grammar issues and,
like, pronoun issues, but, like, I + I understand what
he’s trying to say.
Q. Okay. And you’re saying this is different
than before?
10 A. Yeah. Absolutely.
11 Q. Okay. What about physically, have you noticed
12 any physical differences in the -- any limitations or
13 restrictions in his ability to do things around the
14 house or activities he used to enjoy?
15 A. Yeah. So I played -- I played -- I played
16 basketball in high school and -- and my father would
17 play with me a lot, like, when I was younger, when I was
18 in middle school, elementary school, and, yeah, so we
19 would have a basketball hoop, like, outside -—- outside
20 our house and would play, like, almost every day. But
21 after that accident, like, he -- he would stay in the
22 house most of the time, I’d -- I’d just be out there by
23 myself.
24 Yeah, the -- like, the same with, like, when
25 -- when my brother would come home, we play, like,
tennis or go swimming, and he wouldn’t join us in any of
those activities.
He also wears -- he also -- he -- he wears
braces all the time now. Like -—- like, either, like, a
knee brace or, like, a back brace. I always see him
wear that around the house.
He has -—- oh, a big thing is, so I -- my -- my
room is upstairs and when he would watch, like, TV,
like, he’d -- like, he’d blast the -- the sound, to
10 where, like, I can hear it with my -—- like, my —— my
11 door closed and I’d have to be like, hey, like, can you
12 turn it down.
13 Q. Okay.
14 A. He -—- oh, he -—- he also -—- he also, like,
15 doesn’t drive that often anymore. Like, when -- when I
16 -- when I am in the car with him, like, he drives, like,
17 extremely slow, like -- like, sometimes, like, 20 under
18 the speed limit.
19 And, yeah, like, he has, like, difficulty
20 just, like, seeing, I guess, far away, just seeing in
21 general. He has -- that’s gone down.
22 Q. Okay. Do you drive now?
23 A. Yeah, I drive now.
24 Q. Okay. And before you moved out of the house,
25 were you —- did you have a -—- a learner’s permit?
A. Yeah.
Q. Okay. So did he -—- when he needed to go
somewhere, how would he get around if he was trying to
avoid driving?
A. Well, I -- if -- if me or my mom was —- were
—- were around, we would, like, do whatever he wanted,
like, I don’t know, like, groceries or something, but if
+ I mean, if he has, like, business or something, like,
personal he has to do, he would -- he would drive
10 himself.
11 Q. Okay. How much do you know about your
12 father’s -- I guess he used to have a -—- or still has,
13 apparently, a real estate kind of side business where he
14 -—- he owns several rental properties and --—
15 A. No.
16 Q. -- make -—- you know, manages and maintains
17 them, that kind of thing. How involved, if at all, were
18 you with that?
19 A. Not at all. I was —- I was not involved in
20 any of that.
21 Q. Okay. Are -- are you aware of this business
22 that he runs?
23 A. Yeah, I’m aware of it.
24 Q. Has he talked to you about any differences in
25 his ability to run that business since the accident?
A. Well, I -- I -- I see him in -- well, when --—
when I used to live at 4476 Philadelphia Circle, he +
he would stay home, like, a lot more and he -- he
wouldn’t, like, go out to do a lot of business. Like,
he would be on the phone or, like, on a video call with
someone.
And I + I —- I know, like, he used to, like,
do, like, something with his house, like construction or
something, and he -- instead of, like, doing it himself,
10 he would, like, hire other people to do it for him.
11 Q. Okay. Is he generally a handyman, you know,
12 somebody who’s handy around the house, able to fix
13 things, that kind of thing?
14 A. Yeah. Yeah.
15 Q. Okay. And do you know if he’s the one who ——
16 who did all that at his rental properties?
17 A. Yeah, I believe so.
18 Q. Like, if a light bulb burnt out or, you
19 know --
20 A. Yeah, he would do it himself.
21 Q. Okay. And do you know if that’s changed since
22 the accident?
23 A. Well, again, he --— he would hire, like, a
24 bunch of people. Like, around the house,
Preview
Filing # 181960898 E-Filed 09/16/2023 09:31:12 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2020 CA 001106 AN XIAO SHENG YUE, Plaintiff, vs. CYNTHIA M FOERSTER AND CHAPP, INC., Defendants. / PLAINTIFF’S NOTICE OF FILING DEPOSITON TRANSCRIPT OF VICTOR YUE COMES NOW, the Plaintiff, XIAO SHENG YUE, by and through the undersigned attorneys, and hereby gives Notice of the Filing with the Court of the Deposition Transcript of VICTOR YUE dated July 27, 2021. Said deposition transcript is for use at trial. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 16th day of September, 2023, I electronically filed the foregoing with the Clerk of Courts by using the using the Florida Courts eFiling Portal, which will send a copy via email to: Jorge Santeiro, Jr., Esquire, Law Offices of Santeiro & Garrison, 6300 University Parkway, Ste 101, Sarasota, FL 34240, via email at jsanteiro@feci-group.com; ssmithS@fcci-group.com; legalservice@feci-group.com. /s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: cvictor@forthepeople.com Attorney for Plaintiff IN THE CIRCUIT COURT OF NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2020-CA-1106AN XIAO SHENG YUE, Plaintiff, vs. CYNTHIA M. FOERSTER AND CHAPP, INC., Defendants. VIDEOTAPED DEPOSITION OF VICTOR YUE APPEARING REMOTELY FROM ORANGE COUNTY, FLORIDA Taken on behalf of Defendants Pages 1 through 34 Tuesday, July 27, 2021 2:09 p.m. - 2:36 p.m. U.S. LEGAL SUPPORT, INC. 4200 WEST CYPRESS STREET SUITE 750 TAMPA, FLORIDA 33607 STENOGRAPHICALLY REPORTED BY: FRANCES CHIPPENDALE, F.P.R. Florida Professional Reporter Job No.: 2454174 APPEARING REMOTELY FROM SARASOTA COUNTY, FLORIDA REMOTE APPEARANCES: On Behalf of the Plaintiff MORGAN & MORGAN, P.A. 4495 SOUTH SEMORAN BOULEVARD ORLANDO, FLORIDA 32822 (407) 452-6982 mstefan@forthepeople.com BY: MANUEL F. STEFAN, ESQUIRE On behalf of the Defendant LAW OFFICES OF SANTEIRO & GARRISON 6300 UNIVERSITY PARKWAY SUITE 101 10 SARASOTA, FLORIDA 34240 (800) 226-3224 11 jsanteiro@fcci-group.com BY: JORGE SANTEIRO, JR., ESQUIRE 12 13 ALSO PRESENT: 14 BONNIE GARCIA 15 16 17 18 19 20 21 22 23 24 25 INDEX OF PROCEEDINGS DEPOSITION OF VICTOR YUE PAGE Direct Examination by Mr. Santeiro Certificate of Reporter 31 Certificate of Oath 32 Errata Sheet 33 Witness Notification Letter 34 (No exhibits marked.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Videotaped deposition taken remotely before FRANCES CHIPPENDALE, F.P.R., Notary Public in and for the State of Florida at Large in the above cause. TR (**Witness presents government issued identification and identity verified.) THE VIDEOGRAPHER: Good afternoon. We’ re now on the record. Participants should be aware that this proceeding is being recorded and, as such, all 10 conversations held will -- will be recorded unless 11 there’s a request and agreement to go off the 12 record. Private conversations and/or 13 attorney-client interactions should be held outside 14 the presence of the remote depo interface. 15 For the purpose of creating a witness-only 16 video recording, the witness is being spotlighted 17 or locked on all video screen while in speaker 18 view. We ask that the witness not remove the 19 spotlight setting during the deposition, as it may 20 cause other participants to appear in the final 21 video rather than just the witness. For anyone who 22 doesn’t want the witness video to take up the large 23 part of your screen, you may click the gallery view 24 button in the upper right corner of the remote depo 25 interface. This is the remote video recorded depo of Victor Yue, being taken by the counsel for the Defendant. Today is Tuesday, July 27, 2021. The time now 2:10 p.m. Eastern Standard Time. We’re here in the matter of Xiao Yue vs. Cynthia Foerster. My name is Bonnie Garcia, remote video technician on behalf of U.S. Legal Support. I am not related to any party in this action, nor financially interested in the outcome. 10 At this time will the reporter, Frances 11 Chippendale, on behalf of U.S. Legal Support, 12 please enter the statement for the remote 13 proceeding into the record. 14 THE COURT REPORTER: The attorneys 15 participating in this deposition acknowledge that I 16 am not physically present in the deposition room 17 and that I will be reporting this deposition 18 remotely. They further acknowledge that, in lieu 19 of an oath administered in person, I will 20 administer the oath remotely. This arrangement is 21 pursuant to the Florida Supreme Court 22 Administrative Order No. AOSC-20-16. 23 The parties and their counsel consent to this 24 arrangement and waive any objections to this manner 25 of reporting. Please indicate your agreement by stating your name and your agreement on the record, beginning with Plaintiff counsel. MR. STEFAN: Plaintiff counsel, in agreement. MR. SANTEIRO: Jorge Santeiro for the Defendants and I am in agreement. THE COURT REPORTER: And, Mr. Yue, would you please raise your right hand? Do you swear or affirm the testimony you’ re about to give shall be the truth, the whole truth 10 and nothing but the truth? 11 THE WITNESS: I do. 12 THE COURT REPORTER: Thank you. 13 WHEREUPON, 14 VICTOR YUE, 15 having been first duly sworn, was examined and testified 16 as follows: 17 DIRECT EXAMINATION 18 BY MR. SANTEIRO: 19 Q. Good afternoon, Mr. Yue. 20 A. Hey. 21 Q. Hey, before we went on the record, I 22 introduced myself. I’m an attorney. I represent the 23 Defendants, Chapp, Inc. and Cynthia Foerster. Here to 24 ask you some questions under oath, okay? 25 A. Yup. Q. Have you ever had your deposition taken before, sir? A. No, none of this. Q. Okay. So, basically, everything is being taken down by the court reporter. And there’s also a videographer, but everything is under oath, you know, you understand what that means? A. Yeah. Q. Okay. What it means is that you’re here to 10 testify to facts that you know, facts that you remember. 11 If you don’t know the answer to one of my questions, 12 please let me know you don’t know or you forgot or you 13 don’t remember and that’s fine, okay? 14 A. Yup. 15 Q. What I don’t want you to do is to speculate or 16 guess; does that make sense? 17 A. Yeah. 18 Q. Okay. If I ask you any questions that call 19 for a yes or no, please state yes or no, because if you 20 just nod or shake your head or say uh-huh or uh-uh, it 21 may not show up clearly on the record, okay? 22 A. Yeah. 23 Q. Okay. If you have any difficulty 24 understanding my questions because I ask you a bad 25 question or because the Zoom link was garbled or whatever, please let me know and I’11 be happy to repeat my question for you, okay? A. Okay. Q. All right. Great. What is your full name, please? A. Victor Yue. Q. Okay. Do you have a middle name? A. No. Q. Where do you live? 10 A. Orlando. 11 Q. And what’s your address? 12 A. ee ee, Florida 32817. 14 Q. How long have you lived there? 15 A. Year. 16 Q. Okay. Did you move out of the family home in 17 Kissimmee? 18 A. Yes. 19 Q. And is that the address at Philadelphia 20 Circle? 21 A. Yup. 22 Q. Okay. Do you have any plans to move? 23 A. No. 24 Q. Okay. All right. We’re here about an 25 accident involving your father that happened on September 11th, 2018. Are you familiar with the accident? A. I am. Q. Okay. We’ll go back to that in a little bit, just wanted to ask you, basically, just a couple more background questions. What do you do for a living? A. Student. Q. Okay. Where do you go, a: 10 A. Yup. 11 Q. What are your majoring in? 12 A. Computer science. 13 Q. And when do you expect to graduate? 14 A. 2020 -—- 2023. 15 Q. Good luck. 16 A. Thank you. 17 Q. All right. Let’s talk a little bit about the 18 accident. Were you living at home on September 11th, 19 2018? 20 A. Yeah. Yeah. 21 Q. Okay. Who else was living -- this is the 22 Hs dress, who else was living at the 23 home at the time? 24 A. My father. My mother. 25 Q. And we took the deposition of your brother, Benjamin, this morning. He said that he was already living in California, I believe San Francisco, at the time? A. Yeah. Yeah. California. Q. Okay. How did you hear about the accident? A. I believe I was at school on that day or at home, I don’t remember, but I -- I got a phone call from the hospital that says, like, oh, your -- your father is in the hospital, so. 10 Q. Okay. And what did you do? 11 A. I -- I -- I called my brother about it, I told 12 him what happened, and then I -- I just stayed home. I 13 was -- I didn’t have, like, a license or anything at the 14 time, so I just stayed home or was at school. 15 Q. Okay. So you didn’t have a driver’s license 16 at the time? 17 A. No. 18 Q. Okay. If you were going to school, you would 19 have been in high school? 20 A. Yeah. 21 Q. Okay. What school was that? 22 A. Osceola County School for the Arts. 23 Q. Interesting that you went to a -- to a school 24 for the arts and now you’re studying computer science. 25 A. Yeah. Yeah. A change of -- change of plans. Q. Okay. Did you talk to your mom at all that day, the day that your father had the accident? A. She -- I think she was in China at that time. I -- yeah, I probably was like, hey, dad -- dad was in an accident. Q. Okay. She would have gone to China by herself? A. Yeah. Q. Okay. So how would you get back to —- back 10 and forth to school if you didn’t have a driver’s 11 license? 12 A. School bus. 13 Q. School bus, okay. 14 A. Yeah. 15 Q. Were you ever able to visit your father at the 16 hospital? 17 A. No. 18 Q. Did you speak to him when he was at the 19 hospital? 20 A. No. 21 Q. Okay. Did you speak to any of the nursing 22 staff or doctors or anyone else from the hospital when 23 he was there? 24 A. Yeah, the -- the hospital staff who called me, 25 I spoke to her. Q. Oh, okay. And what -- what kinds of -—- did they tell you what -- what -- whether he was hurt, what his diagnosis was, what was the nature of -—- of your discussions with them? A. I don’t remember clearly, but what I do remember is, she called me and she said, hey, your father is in the emergency room right now, we have him under care, he was in a car accident, that’s -- that’s all I remember. 10 Q. Okay. Did you ask if he was okay? 11 A. Say that again. 12 Q. Did you ask if he was okay? 13 A. Yeah. Yeah. She just said he was in the ER, 14 they didn’t -- they didn’t give me, like, specifics, I 15 don’t think. 16 Q. I think it’s a natural question to ask if he’s 17 doing okay or if he’s hurt or is he okay. 18 A. I mean, this was, like, three years ago, I —- 19 I probably did, yeah, I was like, is he okay and 20 everything, so yeah. 21 Q. Well, I know and, look, it’s not a memory 22 contest, so if you don’t remember, that’s fine. It just 23 seems like it’s a kind of significant issue if your 24 father ends up in the ER that -—-— 25 A. Yeah. Q. So did they ever tell you what his diagnosis was or whether he was hurt or what was wrong? A. No, they -- they just said he was in a car accident and he -- he was in the ER. Q. Do you know how long he was in the hospital? A. It was at least, like, two days. Q. Okay. Do you know how he got home? A. I don’t recall. Q. Okay. Well, you couldn’t have picked him up 10 because you didn’t —- 11 A. No. 12 Q. -—- drive at the time? 13 Okay. There’s —- do you know if he took an 14 Uber or if he called a friend or what happened? 15 A. I -- no, I have no idea. 16 Q. Okay. Were you home when he got home? 17 A. Yes, I —- I think so. 18 Q. If you remember. If you don’t -—- if you don’t 19 know, I don’t want you to guess, okay? 20 A. Yeah. I don’t know, then. I don’t know. 21 Q. Okay. 22 All right. Did you talk to him at all when he 23 was in the hospital before he came home? 24 A. No. 25 Q. Okay. Does he have a phone? A. Yeah. Q. Do -- do you have a phone? A. Yeah, I do. Q. Okay. Did you text with him or FaceTime or anything during this time he was in the hospital? A. I think we had, like, one text exchange, afterwards he called me. I was like, hey, are okay, he -—- and he just -- he just said, like, yeah, or something, and that was it. I + I didn’t —- I didn’t 10 give him a phone call, I don’t think. 11 Q. Okay. All right. So how was he when he got 12 home? I mean, did he appear hurt to you, did he look 13 different to you, tell me what your impression was? 14 A. Well, I -- I think he was already -- so I -- 15 came home from school and he was already home. I —- I 16 just remember he -- he was in his bedroom, he was just 17 laying down. I -- I -- like, that -- that specific 18 time, he was on the bed. 19 Q. Okay. Now, your mom was still in China at the 20 time you said? 21 A. Yeah. 22 Q. Do you know for how long, was it another day 23 or another week or another month? 24 A. I don’t know. 25 Q. Okay. Was he able to get around and go to the kitchen, help himself to -- to lunch or dinner, or did you have to help him with these things? A. Yeah, he -—- he helped me up -- he asked me to help him up, but I + I think he -- he would be able to -—- he was able to walk by himself around the house by himself. I didn’t have to, like, carry him around. Q. Okay. Did he have a wheelchair or a walker or a cane? A. No. 10 Q. Did he have a neck brace or a back brace or 11 any kind of brace? 12 A. I think he had a neck brace on. Yeah, I + I 13 remember he had -—- he had some type of brace on his -—- 14 on his neck area. 15 Q. Okay. Until your mom returned, did you guys 16 need to go out for groceries? 17 A. Yeah, probably. 18 Q. Okay. And who would have done that, you or 19 him? 20 A. My dad. 21 Q. Do you know what happened to the car that he 22 was driving in the accident? 23 A. I just know that the -- some other car hit him 24 in the back and his car, like, the -- the rear end was 25 in pretty bad condition. Q. Do you know if it was totaled? A. No. Q. I mean, did you ever see the car again at -—- at your house or did it -- A. No. Q. -- go away? A. I -- I don’t recall seeing it. Q. Okay. What did your father tell you about this accident? 10 A. He was parked at a red light and all of a 11 sudden some car hit him in the back, and the -- the car 12 that hit him, like -- like -- was, like, totaled, there 13 was, like, smoke coming out of it. And -- and he told 14 me that the -- the person who was driving it, like, 15 accidentally hit the acceleration instead of the brake. 16 Q. Okay. 17 A. Yeah. 18 Q. Did you notice any physical or cognitive 19 differences in your father following this accident as 20 oppose to before the accident? 21 A. Yeah. I think -- I think the main thing is, 22 like, before he —- okay, so after the accident, he would 23 -- he would stutter a lot. Like, I would -- I would 24 talk to him about whatever, everyday thing, and he would 25 -—- he would, like, stutter a lot, like, he would be stuck on, like, the same syllable for, like, a couple seconds. And before, like, I —- I would have normal conversations with him and he wouldn’t, you know stutter. I think that’s the main thing. Another thing could be, so I -- I was in high school at the time of the accident and before he would help me a lot with, like, whatever homework I had, like, math or whatever. And afterwards, like, I -- I stopped 10 going to him because he, like -- he couldn’t help me 11 anymore, I would go to my brother. 12 Those —- those are, like, the two things that, 13 like, immediately come to mind. 14 Q. Are —- are you fluent in Mandarin? 15 A. I wouldn’t say fluent, but I’m -- I’m —-- I’m 16 well-versed in Mandarin. 17 Q. Okay. And when you speak to your father ona 18 —-- ona conversational basis, do you tend to speak in 19 English or -—- or in Mandarin? 20 A. No, completely English. I -- I never speak to 21 him in Chinese. 22 Q. Okay. And have you noticed your father having 23 any difficulty with the English language since the 24 accident? 25 A. No, I mean, besides the stuttering, like, his grammar is -- is —- is bad. Like, I -- like, again, I would have -- before I would have, like, normal conversations with him, it would be, like, free flowing, and then -- but now, like, he’s -- along with the stuttering, like, he has, like, grammar issues and, like, pronoun issues, but, like, I + I understand what he’s trying to say. Q. Okay. And you’re saying this is different than before? 10 A. Yeah. Absolutely. 11 Q. Okay. What about physically, have you noticed 12 any physical differences in the -- any limitations or 13 restrictions in his ability to do things around the 14 house or activities he used to enjoy? 15 A. Yeah. So I played -- I played -- I played 16 basketball in high school and -- and my father would 17 play with me a lot, like, when I was younger, when I was 18 in middle school, elementary school, and, yeah, so we 19 would have a basketball hoop, like, outside -—- outside 20 our house and would play, like, almost every day. But 21 after that accident, like, he -- he would stay in the 22 house most of the time, I’d -- I’d just be out there by 23 myself. 24 Yeah, the -- like, the same with, like, when 25 -- when my brother would come home, we play, like, tennis or go swimming, and he wouldn’t join us in any of those activities. He also wears -- he also -- he -- he wears braces all the time now. Like -—- like, either, like, a knee brace or, like, a back brace. I always see him wear that around the house. He has -—- oh, a big thing is, so I -- my -- my room is upstairs and when he would watch, like, TV, like, he’d -- like, he’d blast the -- the sound, to 10 where, like, I can hear it with my -—- like, my —— my 11 door closed and I’d have to be like, hey, like, can you 12 turn it down. 13 Q. Okay. 14 A. He -—- oh, he -—- he also -—- he also, like, 15 doesn’t drive that often anymore. Like, when -- when I 16 -- when I am in the car with him, like, he drives, like, 17 extremely slow, like -- like, sometimes, like, 20 under 18 the speed limit. 19 And, yeah, like, he has, like, difficulty 20 just, like, seeing, I guess, far away, just seeing in 21 general. He has -- that’s gone down. 22 Q. Okay. Do you drive now? 23 A. Yeah, I drive now. 24 Q. Okay. And before you moved out of the house, 25 were you —- did you have a -—- a learner’s permit? A. Yeah. Q. Okay. So did he -—- when he needed to go somewhere, how would he get around if he was trying to avoid driving? A. Well, I -- if -- if me or my mom was —- were —- were around, we would, like, do whatever he wanted, like, I don’t know, like, groceries or something, but if + I mean, if he has, like, business or something, like, personal he has to do, he would -- he would drive 10 himself. 11 Q. Okay. How much do you know about your 12 father’s -- I guess he used to have a -—- or still has, 13 apparently, a real estate kind of side business where he 14 -—- he owns several rental properties and --— 15 A. No. 16 Q. -- make -—- you know, manages and maintains 17 them, that kind of thing. How involved, if at all, were 18 you with that? 19 A. Not at all. I was —- I was not involved in 20 any of that. 21 Q. Okay. Are -- are you aware of this business 22 that he runs? 23 A. Yeah, I’m aware of it. 24 Q. Has he talked to you about any differences in 25 his ability to run that business since the accident? A. Well, I -- I -- I see him in -- well, when --— when I used to live at 4476 Philadelphia Circle, he + he would stay home, like, a lot more and he -- he wouldn’t, like, go out to do a lot of business. Like, he would be on the phone or, like, on a video call with someone. And I + I —- I know, like, he used to, like, do, like, something with his house, like construction or something, and he -- instead of, like, doing it himself, 10 he would, like, hire other people to do it for him. 11 Q. Okay. Is he generally a handyman, you know, 12 somebody who’s handy around the house, able to fix 13 things, that kind of thing? 14 A. Yeah. Yeah. 15 Q. Okay. And do you know if he’s the one who —— 16 who did all that at his rental properties? 17 A. Yeah, I believe so. 18 Q. Like, if a light bulb burnt out or, you 19 know -- 20 A. Yeah, he would do it himself. 21 Q. Okay. And do you know if that’s changed since 22 the accident? 23 A. Well, again, he --— he would hire, like, a 24 bunch of people. Like, around the house,