Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:04-cv—O1321-SLR Document 64-4 Filed O9/26/2005 Page 1 of 4
EXHIBIT C
l DEL1 62473-1 I ·

Case 1 :04-cv-01321-SLR Document 64-4 Filed O9/26/2005 Pag-e 2 of 4
1 . IN THE SUPERIOR COURT _ _
__· ~ - OF THE STATE OF DELAWARE
H 2 IN AND FOR NEW CASTLE COUNTY ‘
RICKY MANUEL, CARLA :
4 KEES MANUEL ;
CATHERINE KELLAM n : gf
5 JOSEPH.GARRISON, and :
ELAINE LANCASTER · : .
,6 gPlaintiffs :
· 7 · _vs. : Case NO.
.. .· ` · : 02C—10—212 (JRJ)
8 ELSMERE PARK CLUB :
L.P. and LoL ;
9 MANAGEMENT, L.L.C· :
_ Defendants : I
10 :
_ vs. _ :
11 TOWN OF ELSMERE : I
®·% ·—·¢ Third—Party :
ij 12 Defendant :
13 . — — —
November 16, 2004
14 . · Z- ·
15 Oral deposition of GERALD C.
LLEWELLYN, Ph.D, taken pursuant to
16 notice, was held at the lawn
offices of Klehr, Harrison,
17 Harvey, Branzburg & Ellers, LLP,
_ 919 Market Street, Suite 1000,
18 Wilmington, Delaware, commencing
at 9:30 a.m., on the above date,
19 before Darlene Lowrance, a .
Federally Approved Registered
~20 Professional Reporter, Certified
Shorthand Reporter and Notary
21 Public of the State of Delaware.
·. 22 — —` -
{ y ESQUIRE DEPOSITION SERVICES "
NYU 23 Suite 760, One Commerce Center
12th & Orange Streets I
24 Wilmington, Delaware 19801 ’

Case 1:04-cv—O1321-SLR Document 64-4 Filed O9/26/2005 Page 3 of 4 ‘ . 53
1 THE WITNESS: We dontt have
2 that. That's it. You've got the?
1 3 1 answer.
4 BY MR. SCHLEICHER:
5 l Q. Do you remember if you were
6 out there —- I think I asked you this all
7 already. ‘ I ·
8 V ‘When you looked at the
9 various —— you talked about going to
10 various apartments. You talked about the
11 first f1¤¤: and third floor. {
V12 Now, these are three—floor
T: 13 buildings, the first floor being the
p 14 basement. When you said "first floor,"
15 what did you mean? · A
16 A. The basement. Well, it
17 _depends on the contegt. Let me clarify
18 it. Ask me your question and I -—
` (19 Q. ` A few minutes ago you talked
20 about going into the first floor I
21 apartments. .What did you mean by that?
.22 A. That would be the floor
23 Iabove the basement, I think that's their
·24 nomenclature that they use-· Okay? _
Esquire Deposition Services

Case 1:04-cv—O1321-SLR Document 64-4 Filed O9/26/2005 Page 4 of 4 . y 54
V3 1 Q. Approximately how many units
2 did you personally visit above the l
3 jbasement level?
I I4 A. I would say that I visited
5 more than a dozen. The problem was
6 getting access. People were in there.
7 People were doing things. People
8 wouldn't let you in. I l 1. fd
9 Q. 'Okay.
10 A. I can tell you that, in the
ll basement apartments, that when we got
12 to —- my staff and I got in, essentially,
it 13 all of those. We got in all of them.
14 I One of my jobs as I went
15 through the day -- the days that I was
16 there, I would count the sheets of
17 drywall that were covered.
16 , I would count them or
19 estimate if Phage was a half sheet or a‘·v
‘ 20 quarter of a sheet. And·~ th_at's 32 square
21 `feet. And, by far, the typical -- if
22 there's a hundred sheets of drywall in an
23 apartment, estimate, could be more or I
I -24 less, we would get —— I would be up to 25
. Esquire oepesltian services