Free Response in Opposition to Motion - District Court of Arizona - Arizona

I
I
| I
I
Case 2:03-cv-01555-SRB Document 155-11 Filed O2/27/2006 Page 1 014

Page 1
1 4 IN THE UNITED STATES DISTRICT COURT Q
< IN THE DISTRICT COURT OF ARIZONA §
2 PHOENIX DIVISION 1 §
, 3 g
4 MARVIN SAPIRO, and ) §
GLORIA SAFIRO, nie wife, 1 §
5 U 1
Plaintiffs, ) Case NO. CIV 03 I555 §
, 6 1 PHX SRE §
1 ge
7 vs. ) E
S SUNSTONE HOTEL INVESTORS, ) §
L.L.C., SUNSTONE HOTEL ) Q
@ S INVESTORS, L.R., 1 §
’ 1 I
i I0 Defendants. ) §
______ __*_ ____ ______________>
II g
I3 ` DEROSITION OF KENNETH L. TEETERS g
I 4
‘ Taken On Thursday, December 29, 2005 _ g
at 9:59 a.m. §
I 6 I
1 . at 777 Nerth Rainbew Beuievard E
; 17 I
Suite 350 ‘ E
. Las Vegas, Nevada §
I S
, 2 0 I
1 2I _ §
22 y 4 I
2 S U _
, 24 _ I g
111 25 Reperted by: Gina J. Mendez, CCR NO. 787 E
..t, - ..,.. ,.,.. ,,, I ,,,, ,.. ,,,. , ....,.,...
EQXHREDEPOSHIONSEWHCES
212-6S7·a¤1u
Case 2:03-cv—O1555-SRB Document 155-11 Filed O2/27/2006 Page 2 014

l Page 70 Page 72 f
1 marking of Sunstone or SUNST 436 and 437. 1 identified this page? . lr
2 - Is there anything within these two pages which 2 A. My reason for identifying it was the fact that it
,· 3 you disagree with? 3 suggests a very thorough understanding of the fact that
‘ 4 MR. KLEIFIELD: Objection as to form. 4 in today‘s world, Legionnaires‘ disease is something
5 Overbroad. Vague and ambiguous. 5 that properties are aware of, and especially as it
6 THE WITNESS: There‘s nothing I disagree 6 relates to cooling towers. It typically is incorporated
7 with. I think it's one of the primary responsibilities 7 into their water treatment contract.
8 of the chief engineer to see that these things are done. S Q. Now, looking at exhibit, or excuse me, page 437
9 BY MR. DAVIS: . 9 in the second page of Plaintiffs' Exhibit 2. Do you
10 Q. And you see that on the second page of 10 have any information, one way or the other, as to any of Qi
11 Plaintiffs Exhibit 2, there's a discussion -¥ or excuse 11 · the nine things that are referenced on that page have
12 me, there's written Legionnaires‘ disease. 12 been performed by Sunstone at the San Marcos Hotel prior gi
13 Do you see that, sir? 13 to February of ZO03?
14 A. I do. y 14 The question is: Do you have any information,
15 Q. And is this the first time that you‘ve seen the 15 one way or the other, whether any of this stuff was 1
16 words "Legionnaires' disease" specifically written in 16 actually done? ·
17 any kind of a hotel operating manual? 17 A. I have no information that would indicate that it
18 A. I'm trying to remember. I've looked at a variety 18 _was or was not done.
19 of manuals through the years. And I can't testify that 19 Q. Would you agree that from -- first of all,
20 this would be the specific ordering and priority on what 20 engineers change from hotels, correct, engineer jobs
21 would be related to concept of Legionnaires'. But 21 change hotels all the time, correct? -
22 clearly they're the kinds of things that can add to the 22 A. They do. ‘
23 complication of managing the water systems. 23 Q. And it would be typical that an engineer, I mean,
24 Q. Okay. I'm not sure that answer goes directly to 24 I think you changed jobs three times in 20 years, so
` 25 whatl ask, and so let me just re-ask the question. And 25 that was pretty good longevity for one position, would
Page 71 Page 73
*. · 1 if that was your answer, then stand by it, and we'll go l 1 you agree?
2 from there. 2 A. That is true. Although, hotel engineers tend to
3 I asked, as far as in this Sunstone manual, 3 be among the group of personnel at a property that stay
4 Legionnaires‘ disease is specincally mentioned, 4 for the longest period of time. - I
5 correct? ‘ 5 Q. But you would agree they do change from time to `
6 A. Correct. l 6 time? .
7 Q. And, in fact, there are some other pages within 7 A. That is correct. _
B the Sunstone manual that Legionnaires‘ disease is B Q. And in that regard, would you agree that it would
9 mentioned, isn‘t that —— or Legionnaires‘ is mentioned, 9 be good practice for the hotel engineerto document the
10 correct? I ‘ 10 maintenance that is performed for the benefit of and
11 A. Correct. 11 protection of the domestic water supply at a particular
12 Q. I've got some of them, I'll show them to you. ‘ 12 property? _ . _ °
y 13 A. Okay. 13 A. Standard form used throughout the industry is
14 Q. And my specific question is, other than the 14 something called Equipment Data Card, it‘s pretty much I
15 Sunstone manual that you have looked at as part of your 15 generic to all hospitality operations. And on the back
‘ 16 assignment in this case, have you ever seen a specific 16 of that card, it has for each piece of equipment _
17 reference to Legionnaires' disease or inspection for 17 something called an equipment repair log. That document
- 18 Legionella bacteria or anything of that nature in any 18 may cover a period of 30 years. That when properties I
19 other hotel engineering manual? - - ‘ 19 are acquired or sold throughout the industry, usually
20 A. I have not. _ 20 one company will bring their system in as compared to
21 Q. And when you referenced, is there any specific 21 maybe what was there before. And you may see records I
·22 reason for identifying page 437 in your report as ' 22 that would have been in the best interests of the
23 being —— it‘s under the general heading, Resources Used 232 property discarded, and a new system brought in and
y 24 `to Form My Opinions. And I'm starting on page 11 of 24 replaced in lieu of it. A
, 25 your report. Is there any reason that you specifically - 25 Q. Okay. But the specific question is, should the
. ` ‘ · g . I l19_(Pages"70 to 73} y
l ‘ _ l I ESQUIRE DEPOSITION SERVICES l A
l Case 2·O3-cv oisss SRB I 2 212“6B7”8O10 · I I
_- - — Document 155-11 Filed O2/27/2006 - Page 3 of 4 I

I Page 74 Page 76
1 director of engineering or the engineers for the 1 MR. KLEIFIELD: Objection. Foundation.
2 property document the preventive maintenance work that 2 Irrelevant. r
_ 3 they do? And Ithink your answer is yes; is that 3 MS. REPORTER: I'm sorry, I didn't hear
4 correct? 4 after "irre|evant."
5 MR. KLEIFIELD: Form. Misstates testimony. 5 MR. KLEIFIELD: Evidence of subsequent
6 BY MR. DAVIS: 6 remedial measure.
7 Q. It should be documented. Whether it is or not is 7 THE WITNESS: Exhibit 3, Plaintiffs No. 3
8 a different system, but it should be documented, the 8 is the Sunstone 134 document. And it‘s a general
9 ‘ preventive work that is done? 9 description of Legionnaires' disease.
10 MR. KLEIFIELD: Same objection. ` 10 BY MR. DAVIS:
11 THE WITNESS: The reality is, depending on I 11 Q. Turning to the third paragraph of Exhibit 3, I'd
12 the size of the property, you can have a lot of pieces 12 like you to look at that paragraph and read it to
13 of equipment, and you cannot run a program out of your 13 yourself. And ask my -- and my question to you is: Do
14 hip pocket with any kind of understanding of what the 14 you agree or disagree with the information contained in
15 long-term needs of the equipment is.) So you do need 15 that paragraph?
16 documentation. 16 MR. KLEIFIELD: Objection. Irrelevant.
17 BY MR. DAVIS: 17 Foundation. n `
18 Q. And did you see any documentation that any of the 18 THE WITNESS: That was paragraph I?
19 steps identined on Sunstone page 437 were actually 19 BY MR. DAVIS:
20 performed at any time prior to February 2003? 20 Q. Paragraph 3. It's the one starting with
21 A. I did not receive that documentation. . 21 Legion —~
22 Q. Now, you touched on something a moment ago 22 A. Okay. Legionellosis.
23 regarding Legionnaires disease. And in the course of 23 Q. —— Legionellosis?
24 ` this case, there were certain documents produced that 24 A. Tongue—tvvister. `
25 were written by Sunstone. And I hrst want to ask have 25 Q. It is for me. Not for Matt.
- Page 75 Page 77
1 you seen this documentation, and then I want to ask you 1 - A. (Witness reading document.)
2 if you're familiar with —— I'II show you what I'm 2 Okay. I have read this statement, and I
3 marking as P|aintiffs' Exhibit 3. 3 acknowledge that it is a description of the Legionella
4 (Whereupon, Plaintiffs‘ Exhibit No. 3 4 bacteria that you might typically find in a water
5 was marked for identification.) ‘ 5 system, any domestic water system.
6 BY MR. DAVIS: 6 Q. Is that the information discussed in that
7 Q. I'm going to ask if you saw this document as part 7 paragraph where it talks about-- and I'li quote now.
8 of your work in this case. And, obviously, take your 8 It says: "Legionnaires‘ disease is not contagious. You
" 9 time to read it. ( _ 9 cannot catch it from another person. The bacteria are
10 A. (Witness reading document.) 10 common and normally can be found in water."
11 I have seen this document. _ 11 Is that information that is known within the ·
y 12 Q. You have seen the document. Thank you, sir. 12 hotel industry?
13 Specifically, I'd like to direct your attention 13 A. The question is all-inclusive. And if you're _
_ 14 to —— well, let me back up. _ S ` 14 saying, would everybody working a hospitality property
15 For the record, Sunstone Exhibit 134 and 135 -- 15 know this? I would say the answer is very likely they
_ 16 excuse me, Bates-stamped Nos. 134 and 135 are part of 16 do not. You would expect key people at the property _
l ‘ 17 Plaintiffs' Exhibit 3; is that correct, sir? You see 17 with a focus in the engineering area to understand this.
18 the numbers at the bottom of the page? Unless I put the .18 Q. Okay. Well, that would be my specific question.
19 stamp over it. I _ 19 So then we're talking about whether the people who don't
‘ 20 MR. KLEIFIELD: Y_eah, we'll agree that it's 20 have the responsibility for the domestic water supply
21 134 and 135. ‘ - · 21 would necessarily know this. But would that be .
22 THE WITNESS: Good enough. - 22 information that.you would expect that the people who
I 23 BY MR. DAVIS: _ l h 23 are -responsible for the delivery of the water in a safe 1
_ 24 Q. And for the record, could you identify what ‘ 24 and secure method, as you‘ve described earlier, would
I 25 Plaintiffs Exhibit 3 is? , _ 25 that be something that you‘d expect them to be familiar
· · , r " - . 20 (Pages 74 to 77)
. l ESQUIREDEPOSITION SERVICES I _ ‘
I . 212-687-8010 l
Case 2:03-cv-01555-SBB Document 155-11 Filed O2/27/2006 Page 4 of 4

Case 2:03-cv-01555-SRB

Document 155-11

Filed 02/27/2006

Page 1 of 4

Case 2:03-cv-01555-SRB

Document 155-11

Filed 02/27/2006

Page 2 of 4

Case 2:03-cv-01555-SRB

Document 155-11

Filed 02/27/2006

Page 3 of 4

Case 2:03-cv-01555-SRB

Document 155-11

Filed 02/27/2006

Page 4 of 4