HomeMy Public PortalAboutTerrence Lunn Transcript 6/22/15TERRENCE LUNN June 22, 2015
OHARE vs. TOWN OF GULF STREAM 1
1 1 UNITED STATES DISTRICT COURT
2 1 FOR THE SOUTHERN DISTRICT OF FLORIDA
3
4 1 CASE NO. 13-cv-81053-KLR
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6
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CHRIS O'HARE,
VS.
Plaintiff,
9
TOWN OF GULF
STREAM;
TOWN OF GULF
STREAM COMMISSION;
10
TOWN MANAGER
WILLIAM THRASHER,
Town Manager,
in his individual capacity and official
11
capacity as the Town Manager for the Town of Gulf Stream;
TOWN SPECIAL
MAGISTRATE LARA DONLON,
12
Special Magistrate, in her individual and official capacity
as a Special
Magistrate for the Town of Gulf Stream;
13
OFFICER DAVID GINSBERG, Officer, in his individual capacity
and official
capacity as an Sergeant for the Town of Gulf
14
Stream; STEVEN TOBIAS, Building Official, in his individual
capacity and
official capacity as a Building Official for
15
the City of Delray Beach; and
MARTY MINOR,
Planning Consultant, in his individual capacity
16
and official
capacity as a Planning Consultant for the
Town of Gulf
Stream
17
18 1 Defendants.
19
20
DEPOSITION OF TERRENCE LUNN
21
22 I Monday, June 22, 2015
23 1 4:15 p.m. to 4:25 p.m.
24 100 Sea Road
Gulf Stream, Florida
25
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TERRENCELUNN
OHARE vs. TOWN OF GULF STREAM
Reported By:
DEBORAH LAWRENCE, Court Reporter
Notary Public, State of Florida
Esquire Deposition Solutions
Job # 109085
APPEARANCES:
On behalf of the Plaintiff
MARK HANNA, ESQUIRE
GMM/ Madison P.A.
401 South County Road
Palm Beach, Florida 33480
June 22, 2015
2
On behalf of the Defendants
CHRISTOPHER STEARNS, ESQUIRE (telephonic)
Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.
2455 E. Sunrise Blvd.
Ft. Lauderdale, Florida 33304
ALSO PRESENT: Chris O'Hare
William Thrasher
Lou Roeder
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TERRENCE LUNN June 22, 2015
OHARE vs. TOWN OF GULF STREAM 3
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TERRENCELUNN
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
4
PROCEEDINGS
Deposition taken before DEBORAH LAWRENCE, Court
Reporter and Notary Public in and for the State of Florida
at Large, in the above cause.
Thereupon,
(TERRENCE LUNN)
having been duly sworn or affirmed, was examined and
testified as follows:
DIRECT EXAMINATION
BY MR. STEARNS:
Q. Please state your name for the record?
A. Terrence E. Lunn.
Q. Good afternoon, Mr. Lunn. My name is Chris
Stearns. I represent the defendants in the case that has
been filed by Christopher O'Hare.
Have you ever been deposed before?
A. Yes.
Q. Okay. So you know the rules. If you have any
questions or anything, let me know. I will happily help you
through that. All I ask is that you answer each question
out loud.
Okay?
A. Okay.
Q. What's your current business address?
A. 2213 22nd Lane, Palm Beach Gardens.
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TERRENCELUNN
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
5
Q. All right. And who do you work for?
A. I'm self-employed. T.E. Lunn, PE, LLC.
Q. How many employees does your LLC have?
A. One.
Q. Just you?
A. Just me.
Q. Do it all?
A. That's right.
Q. What does your company do?
A. I am a structural engineer.
Q. All right. What type of projects do you take on?
A. Anything I can get. Anything from residential to
commercial. It is primarily dealing with existing
buildings. And I do some small additions of out -buildings
like barns.
Q. You're licensed with the state?
A. I am.
Q. How long have you had that license?
A. 1978.
Q. Ever have any suspensions or disciplinary history
with the state?
A. I had a disciplinary hearing about four years ago.
Q. Briefly what was that about?
A. It was about a retaining wall that the City of
Riviera Beach said I didn't certify correctly.
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TERRENCE LUNN June 22, 2015
OHARE vs. TOWN OF GULF STREAM 6
Q. What was the results of the investigation?
A. I had to do some training course and pay a fee.
Q. Okay. So no suspensions or anything like that?
A. No.
Q. All right. Do you know Christopher O'Hare?
A. Yes.
Q. How long have you known him?
A. Five years.
Q. How do you know him?
A. I have done a number of projects for him.
Q. Can you describe those projects for me?
A. He has got some warehouses which I have been
involved in a couple of projects over there. A house in
Boynton some place I think. And his residence in Gulf
Stream here.
Q. Okay. What did you do for the warehouses?
A. Prepared drawings and certified to the
construction of interior remodeling. Also did some design
work for a new mezzanine inside the building.
Q. Okay. What was the scope of those projects
financially?
A. My fee you mean?
Q. Your fee, yes.
A. I don't recall. I would say somewhere a thousand
dollars.
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TERRENCELUNN
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
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1 Q. A thousand dollars?
2 A. Yes.
3 Q. You need to ask for more than that. All right.
4 So let's talk about the Gulf Stream house. How did you
5 become involved in what you refer to as his residence?
6 A. Chris called me and asked me if I would take a
7 look at his roof, the roof framing and determine if he could
8 carry a concrete tile roof.
9 Q. Okay. Did he tell you what his conclusion was at
10 that time?
11 A. I don't recall.
12 Q. Meaning, did he believe that it could not carry
13 such a roof and made the conclusion he wants you to reach as
14 well?
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MR. HANNA: Object to form.
THE WITNESS: I don't remember a discussion like
that.
BY MR. STEARNS:
Q. Okay. Do you know if there was currently a
project underway at his house at that time?
A. Not that I observed.
Q. Okay. When was it that you went out to the house?
A. I don't recall. I think it was somewhere back
three or four years ago.
Q. Okay. You can't give me a date?
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TERRENCE LUNN
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
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1
A.
No, I don't have my records with me.
2
Q.
You have some records somewhere which would
3
indicate
when the date was?
4
A.
Yes.
5
Q.
What did you keep?
6
A.
I think I did a certification letter concerning my
7
analysis
of the roof framing.
8
Q.
Do you have any other documents that you prepared?
9
A.
Not that I recall.
10
Q.
I have seen the certification letter that you're
11
talking
about. It's a letter stating that the roof can't
12
hold a tile
roof and it has your seal on it; right?
13
A.
Correct.
14
Q.
Did you ever do any calculations to support that
15
single page
certification letter?
16
A.
Yes.
17
Q.
You did?
18
A.
Yes.
19
Q.
Okay. Did you give those to Mr. O'Hare at any
20
point?
21
A.
I don't believe so.
22
Q.
Is that something that you have at home?
23
A.
I do.
24
Q.
Were you informed that the town denied Mr.
25
O'Hare's
request because it didn't include any of those
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TERRENCELUNN
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
9
calculations?
A. I have not heard that.
Q. All right. Were you ever told that the town
wanted to see your calculations?
MR. HANNA: I am going to object to
mischaracterization of the evidence.
BY MR. STEARNS:
Q. That's fine. You can answer?
A. I have not been requested for the calculations.
Q. It wouldn't take you very long to give them to Mr.
O'Hare, would it?
A. No. I do my analysis with a software. It's
called Multi -Frame. From that software it can produce
results of the calculations.
Q. Okay. And you agree that such a certification
letter wouldn't be unreasonable to request the actual
calculations, don't you?
MR. HANNA: Object again. Mischaracterization.
THE WITNESS: I don't have a problem providing
the calculations.
BY MR. STEARNS:
Q. And that is not an unreasonable request for
someone to check your work in that situation; right?
A. No.
25 1 MR. HANNA: Object.
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TERRENCELUNN
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
10
1 BY MR. STEARNS:
2 Q. When you were out there inspecting the property
3 did you observe any un -installable or detached wiring in the
4 attic?
5
A.
No.
6
Q.
Did you determine any construction debris at all
7
in the
attic?
8
A.
No.
9
Q.
Or anywhere in the house?
10
A.
I didn't see an attic.
11
Q.
Okay. Did you observe any detached wiring or
12
insulation anywhere in the home?
13
A.
Not that I recall.
14
Q.
Did you observe any work going on in the home?
15
A.
Not that I recall.
16
Q.
Okay. Did you observe anything that appeared to
17
be a recent alteration to the home?
18
A.
No.
19
Q.
Okay. How about any cuts or removal of the truss
20 1 system?
21
A.
I didn't personally observe it, no.
22
Q.
Did you actually do an
inspection of
the property?
23
A.
I went to the property
and was not able to get in
24
and Chris
provided me pictures
and statements
afterwards.
25
Q.
So you did no physical
inspection of
the property?
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TERRENCELUNN
OHARE vs. TOWN OF GULF STREAM
June 22, 2015
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1
A.
Just the outside.
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2
Q.
And when you say
Chris provided you what now?
3
A.
Pictures.
Well, based on what I understood it was covered
4
Q.
Pictures of what,
the inside?
5
A.
The framing. The
roof framing.
6
Q.
Okay. And then you
said he also provided you with
7 1 what?
8
A.
A statement what I was looking at.
9
Q.
Okay. Is that how you typically prepare these
10
letters
without doing a full inspection of the property?
11
A.
Well, based on what I understood it was covered
12
up. These were old pictures prior to being covered up.
13
Q.
You have to do some type of mathematical
14
calculations which require you to do measurements?
15
A.
Yes.
16
Q.
And were you able to do all of those without
17
getting
inside the property, the home?
18
A.
I had enough information to provide the
19
calculations.
20
Q.
Okay. Going inside the home you would have had
21
more information which would make the calculations more
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accurate; right?
23
A.
That is questionable.
24
Q.
Do you know Lou Roeder? He is sitting in the room
25 1 with you.
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TERRENCE LUNN June 22, 2015
OHARE vs. TOWN OF GULF STREAM 12
1 A. Yes, I met him before.
2 Q. How have you met him?
3 A. Through Chris. I believe he works for Chris. Or
4 with Chris.
5
Q.
Have you
done any other projects for him at any
6
time?
7
A.
Just the
ones I mentioned.
8
Q.
Okay. No other projects for Mr. Roeder outside of
9
Chris O'Hare?
10
A.
No.
11
Q.
How much
did your single page report cost Mr.
12
O'Hare?
13
A.
I don't
recall. Guess around 360.
14
Q.
$360?
15
A.
Yes.
16
Q.
And the
calculations you have, they are still on
17 1 our computer?
18 A. Yes.
19 MR. STEARNS: All right. I have no more
20 questions, Mr. Lunn. Thank you.
21 MR. HANNA: I don't have any questions.
22 MR. STEARNS: Read or waive?
23 THE WITNESS: I'll waive.
24 MR. STEARNS: I will take them both. Thank you.
25 You guys have a day nice.
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TERRENCE LUNN June 22, 2015
OHARE vs. TOWN OF GULF STREAM 13
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TERRENCE LUNN June 22, 2015
OHARE vs. TOWN OF GULF STREAM 14
TERRENCE LUNN June 22, 2015
OHARE vs. TOWN OF GULF STREAM 15
1 I CERTIFICATE
2
THE STATE OF FLORIDA
M
COUNTY OF PALM BEACH
rd
5 I, DEBORAH LAWRENCE, Court Reporter and Notary
Public in and for the State of Florida at Large, do
6 hereby certify that the aforementioned witness was by
me first duly sworn to testify the whole truth; that I
7 was authorized to and did report said deposition in
stenotype and that the foregoing pages are a true and
8 correct transcription of my shorthand notes of said
deposition.
9
I further certify that said deposition was taken at
10 the time and place hereinabove set forth and that the
taking of said deposition was commenced and completed
11 as hereinabove set out.
12 I further certify that I am not an attorney or
counsel of any of the parties, nor am I a relative or
13 employee of any attorney or counsel of party connected
with the action, nor am I financially interested in the
14 action.
15 The foregoing certification of this transcript does
not apply to any reproduction of the same by any means
16 unless under the direct control and/or direction of the
certifying reporter.
17
DATED this 29th of June, 2015.
18
19
20
DEBORAH LAWRENCE, Court Reporter
21
Job # 109085
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TERRENCE LUNN
OHARE vs. TOWN OF GULF STREAM
Index: $360
June 22, 2015
-EXAMINATION
- --
4:7
8:14 9:1,
concrete
deposed
$
afternoon
4,9,14,
7:8
4:16
_
4:13
17,20
constructio
deposition
$360
11:14,19,
n
4:2 13:2
agree
21 12:16
12:14
9:15
6:18 10:6
describe
called
alteration
7:6 9:13
Correct
6:11
1
10:17
8:13
design
carry
correctly
6:18
analysis
7:8,12
1978
8:7 9:12
5:25
detached
5:19
case
cost
10:3,11
appeared
4:14
10:16
12:11
determine
2
certificati
attic
couple
7:7 10:6
on
6:13
10:4,7,10
8:6,10,15
DIRECT
2213
9:15
Court
4:9
4:25
- -- --
4:2
H
certified
diaciplinar
22nd
6:17
covered
y
4:25
11:11,12
5:20,22
back
certify
7:23
5:25
current
discussion
34:24
7:16
barna
check
5:15
9:23
cuts
documents
360
10:19
8:8
12:13
based
Chris
11:11
4:13 7:6
—
dollars
Beach
10:24
D
6:25 7:1
4
4:25 5:25
11:2
drawings
12:3,4,9
date
6:17
4:25
Boynton
6:14
Christopher
7:25 8:3
duly
13:2
4:15 6:5
day
4:7
Briefly
5:23
City
12:25
A
5:24
dealing
E
building
6:19
commercial
5:13
accurate
11:22buildings
5:13
DEBORAH
employees
actual
5:14
company
4:2
5:3
9:16business
5:9
debris
engineer
additions
4:24
computer
10:6
5:10
5:14
12:17
defendants
evidence
concluded
4:14
9:6
address
C
4:24
13:2
denied
EXAMINATION
affirmed
calculation
conclusion
8:24
4:9
7:9,13
a
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TERRENCELUNN
OHARE vs. TOWN OF GULF STREAM
examined
6:14 7:4
11:4,17,
4:7
20
guys
excused
12:25
inspecting
13:1
10:2
existing
H
inspection
5:13
10:22,25
F
fee
6:2,22,23
filed
4:15
financially
6:21
fine
9:8
Florida
4:3
form
7:15
framing
7:7 8:7
11:5
full
11:10
G
Gardens
4:25
give
7:25 8:19
9:10
Good
4:13
Guess
12:13
Gulf
HANNA
7:15 9:5,
18,25
12:21
happily
4:19
heard
9:2
hearing
5:22
history
5:20
hold
8:12
home
8:22
10:12,14,
17 11:17,
20
house
6:13 7:4,
20,22
10:9
3
include
8:25
information
11:18,21
informed
8:24
inside
6:19
11:10
insulation
10:12
interior
6:18
investigati
on
6:1
involved
6:13 7:5
L
Lane
4:25
Large
4:4
LAWRENCE
4:2
letter
8:6,10
11,15
9:16
letters
11:10
license
5:18
licensed
5:16
LLC
5:2,3
long
5:18 6:7
9:10
June 22, 2015
Index: examined..pictures
Lou number
11:24 6:10
loud
4:21
Lunn
4:6,12,13
5:2 12:20
M
made
7:13
make
11:21
mathematics
1
11:13
Meaning
7:12
measurement
s
11:14
mentioned
12:7
met
12:1,2
mezzanine
6:19
mischaracte
rization
9:6,18
Multi-frame
9:13
M
nice
12:25
Notary
4:3
O'hare
4:15 6:5
8:19 9:11
12:9,12
O'hare Is
8:25
object
7:15 9:5,
18,25
observe
10:3,11,
14,16,21
observed
7:21
out-
buildings
5:14
P
p.m.
13:2
Palm
4:25
pay
6:2
PE
5:2
personally
10:21
physical
10:25
pictures
10:24
11:3,4,12
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TERRENCELUNN
OHARE vs. TOWN OF GULF STREAM
place Reporter
6:14 Q 4:3
point represent
8:20 question 4:14
prepare
11:9
prepared
6:17 8:8
primarily
5:13
prior
11:12
problem
9:19
PROCEEDINGS
4:1
produce
9:13
project
7:20
projects
5:11
6:10,11,
13,20
12:5,8
property
10:2,22,
23,25
11:10,17
provide
11:18
provided
10:24
11:2,6
providing
9:19
Public
4:3
4:20
questionabl
e
11:23
questions
4:19
12:20,21
reach
7:13
Read
12:22
recall
6:24
7:11,23
8:9
10:13,15
12:13
recent
10:17
record
4:11
records
8:1,2
refer
7:5
remember
7:16
remodeling
6:18
removal
10:19
report
12:11
request
8:25
9:16,22
requested
9:9
require
11:14
residence
6:14 7:5
residential
5:12
results
6:1 9:14
retaining
5:24
Riviera
5:25
Roeder
11:24
12:8
roof
7:7,8,13
8:7,11,12
11:5
June 22, 2015
Index: place -un -installable
self- system
employed 10:20
5:2
single
8:15
12:11
sitting
11:24
situation
9:23
small
5:14
software
9:12,13
state
4:3,11
5:16,21
statement
11:8
statements
10:24
stating
8:11
Stearns
4:10,14
7:18 9:7,
21 10:1
12:19,22,
24
room
Stream
11:24
6:15 7:4
rules
structural
4:18
5:10
support
S
8:14
suspensions
scope
5:20 6:3
6:20
seal
sworn
4:7
8:12
T
T. E.
5:2
talk
7:4
talking
8:11
terrence
4:6,12
testified
4:8
thousand
6:24 7:1
tile
7:8 8:12
time
7:10,20
12:6
told
9:3
town
8:24 9:3
training
6:2
truss
10:19
type
5:11
11:13
typically
11:9
U
un -
installable
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TERRENCE LUNN June 22, 2015
OHARE vs. TOWN OF GULF STREAM Index: understood -years