Free Trial Brief - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JOSEPH STRYCHASZ, SANDRA : STRYCHASZ and MIDLAND FIRE PROTECTION COMPANY Plaintiffs VS. CIVIL ACTION : NO.: 3:01CV2063 (PCD) : : : : : :

MARON CONSTRUCTION, CO., INC.: and RONALD DEFRANCESCO : : Defendants :

DECEMBER 15, 2003

DEFENDANTS= SECTION C TRIAL PREPARATION ORDER COMPLIANCE Pursuant to the Court=s Trial Preparation Order dated October 27, 2003, the defendants in the above-noted case hereby serve and file their response to Section C of the Trial Preparation Order as follows below.1

The defendants file a singular Section C compliance relates to boht the Complaint filed by the individual and the Intervening Complaint filed by Midland Fire. Fire=s Section A compliance adopted in toto that which by Joseph and Sandra Strychasz.

1

as it plaintiffs Midland was filed

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FACE SHEET TO DEFENDANTS= SECTION C COMPLIANCE 1. NAMES, ADDRESSES AND TELEPHONE NUMBERS OF THE ATTORNEYS WHO WILL TRY THE CASE Mark A. Milano, Esquire Gary C. Kaisen, Esquire Milano & Wanat LLC 471 East Main Street Branford, Connecticut 06405 (203) 315-7000 2. IS THE CASE A JURY OR COURT CASE? This is a jury case. 3. ESTIMATE OF TRIAL TIME REQUIRED FOR THE PRESENTATION OF DEFENDANTS= CASE The defendants estimate that the defendants= case shall require 3-5 days of trial time, dependent on the extent to which evidence and testimony relied upon in the defense comes in during the plaintiff=s case-in-chief or during cross-examination. 4. DO THE PARTIES AGREE TO HAVE THE CASE TRIED BY UNITED STATES MAGISTRATE JUDGE JOAN G. MARGOLIS, AND, THEREUPON ENTER FINAL JUDGMENT? The defendants consent to have this case tried by United States Magistrate Judge Joan G. Margolis, and, thereupon enter final judgment. 2

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5. LIST OF FURTHER PROCEEDINGS PRIOR TO TRIAL, SETTING FORTH THE REASONS AND NECESSITY THEREOF a. Completion of settlement conference/mediation

presently scheduled for January 8, 2004 with the Honorable Magistrate William I. Garfinkel. b. Adjudication of defendants= Motion in Limine to

Preclude evidence, testimony and argument regarding plaintiff=s claims of defendants= contractual obligations, including those relating to contractor Asafety meetings.@ Such testimony,

evidence and argument should be precluded inasmuch as Joseph Strychasz was not a contracting party or third-party beneficiary to Maron Construction Company=s contract with the United States Coast Guard. (For further explanation, see Claim of Law set

forth in Defendants= 'B3-1 response to Trial Preparation Order.) Determination of this Motion in Limine to Preclude prior to commencing trial is necessary because it will affect how defendants argue, examine and cross-examine witnesses and present evidence and testimony.

3

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c.

Adjudication of Motion in Limine for a judicial

determination of what, if any, duties were owed to the plaintiff by the defendants in this construction setting. Determination (For

of what duties exist is a question of law for the Court.

further explanation, see Claim of Law set forth in Defendants= 'B3-2 response to Trial Preparation Order.) Determination of

this Motion to Preclude prior to commencing trial is necessary because it will affect how defendants argue, examine and crossexamine witnesses and present evidence and testimony. d. Adjudication of Motion in Limine relating to the

admissibility of subsequent remedial measures.

6. WHETHER SETTLEMENT, ASSISTED BY A SETTLEMENT CONFERENCE, IS REASONABLY LIKELY The parties agree that settlement is sufficiently reasonably likely such that they have already scheduled a settlement conference with Magistrate William I. Garfinkel. settlement conference is presently scheduled for January 8, 2004. Magistrate Garfinkel has met with the parties previously 4 The

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and is familiar with the facts and issues pertinent to settlement.

5

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SECTION A1 B CLAIMS OF FACT PROPOSED FOR STIPULATION: COUNT ONE B JOSEPH STRYCHASZ: 1. On or about November 6, 1996, Maron Construction

Company was a corporation organized and existing under the laws of the State of Rhode Island, with its principal place of business located at 180 Mancini Drive, Providence, Rhode Island. DEFENDANT=S 'C1 RESPONSE: Admitted. May be stipulated.

2.

At that time, Maron entered into a major renovation

construction project at the United States Coast Guard Academy, Roland Hall gymnasium building, at New London, Connecticut, under a contract with the United States Department of Transportation. DEFENDANT=S 'C1 RESPONSE: Admitted. May be stipulated.

3.

Under the terms of said construction contract between

Maron and the U.S. Department of Transportation and the U.S.C.G.A., Mr. Ronald DeFrancesco was designated Maron's Superintendent and Safety Officer for the project. As such, Mr.

DeFrancesco was required to prepare a Safety Plan for all employees working on the project.

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DEFENDANTS= 'C1 RESPONSE: Denied. May NOT be stipulated. These proposed facts are irrelevant and these defendants seek, in limine, preclusion of argument, testimony and evidence as to these facts. (See response to further proceedings above). Should the Court not preclude argument, testimony and evidence as to these facts, then the following countering evidence will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination: DEFENDANTS= PROPOSED EXHIBITS A. Pieces of transite.

2.Maron Construction=s subcontract agreement with Midland Fire Protection, Inc. and Midland Fire Protection, Inc.=s Daily Construction Logs, including all exhibits marked as letters A through NN to David Munroe=s November 6, 2002 deposition. 3.Maintenance Records, Work Orders and Other Documents Regarding United States Coast Guard Personnel Working Within the Cell Structure where plaintiff Fell during the approximate 15 years that the transite covered openings. 4.Plaintiffs= Complaint. 5.Walter Stamphl=s notes identifying asbestos containing materials to abate in cell structure as change order and additional expenditure for April 14, 1997 Contract Amendment and all materials marked as Exhibits 1-18 at the November 13, 2002 deposition of Walter Stamphl and as Exhibits to the November 13, 2002 deposition of Wanda Coresini. 6.Curriculum vitae of Dean Koutsoubis, P.E. 7.Expert Report by Dean Koutsoubis, P.E. and all materials relied upon or referred to in generating said report, including those materials marked in his July 17, 2003 deposition as Exhibits 2, 3, 4, 5, 6, 6A, 6B, 6C, 7, 8, 9 and 10.

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8.Daily and Weekly Construction Logs, Weekly Safety Meeting Logs and Weekly Time Sheets by Maron Construction and all subcontractors for Roland Hall gymnasium renovation project from December, 1996 through June, 1997. PLAINTIFFS= PROPOSED EXHIBITS (INCORPORATED BY DEFENDANTS) In addition to the above defendants= proposed exhibits, the defendants incorporate the proposed exhibits identified in plaintiffs= present and any future amended Response to 'A-4 of the October 27, 2003 Trial Preparation Order and reserve the right to utilize same as defendants exhibits. The

presently identified proposed plaintiffs= exhibits that defendants hereby incorporate are as follows: Depositions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 09/20/02 B Ronald DeFrancesco B Boyce=s office 09/20/02 B Thomas Maron B Boyce=s office 10/07/02 B Gary Crakes, Ph.D. - Here 10/22/02 B Peter Gravel B Kaisen=s office 10/23/02 B James Gerou B Kaisen=s office 10/29/02 B Dr. Trafton B Rhode Island 10/30/02 B Dr. DiGiovanni B Rhode Island 11/06/02 B David Munroe B Atty. Somers= office 11/07/02 B Sandra Strychasz B Rhode Island 11/07/02 B Joseph Strychasz B Rhode Island 11/08/02 B Lee Archibald B USCG, New London

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12. 13. 14. 15. 16. 17.

11/13/02 B Wanda Coresini B Norfolk, Virginia 11/13/02 B Walter Stampfl B Norfolk, Virginia 11/20/02 B Dr. Jonathan Bolton B His office, RI 11/25/02 B Dr. DiGiovanni Continued Depo B Rhode Island 11/25/02 B Dr. Trafton Continued Depo B Rhode Island 07/17/03 B Dean Koutsoubis B Milano=s office

18.08/13/03 B Ronald DeFrancesco Continued Depo B Kaisen=s office. 19. 08/13/03 B Thomas Maron Continued Depo B Kaisen=s office

Architectural and Engineering Diagrams: 28.Two volume set of architectural and engineering drawings for the Roland Hall renovation project prepared by Einhorn, Yaffee Prescott Engineers. 21. Midland Fire Protection as built drawings, 8 sheets.

22.Specifications for Roland Hall renovations prepared by Einhorn, Yaffee Prescott on July 30, 1996 (Volume 1 of 2). 23.Specifications for Roland Hall renovations prepared by Einhorn, Yaffee Prescott on July 30, 1996 (Volume 2 of 2). Contracts: 24.Contract between the U.S. Coast Guard and Einhorn, Yaffee, Prescott dated April 29, 1996. 25.Solicitation Offer and Award to Maron Construction Company August 7, 1996. 26.Subcontract Agreement between Maron Construction and Midland Fire Protection executed November 4, 1996. 27.Amendment of Solicitation/Modification of Contract dated April 14, 1997 (asbestos abatement).

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28.Contract Modification executed by Maron Construction dated June 17, 1997 with attachments, 10 pages. Roland Hall Renovation Contracts: 29. 30. Contract Amendment/Modification dated August 7, 1996. Three large blueprints of Roland Hall Renovations.

31.List of Subcontractors for Roland Hall renovation project. 32.Two large blueprints of Einhorn, Yaffee, Prescott Architectural, pages 30 and 31. Photographs/Video:
33.90

photographs of various locations inside and outside of the Roland Hall Gymnasium taken by Dean Koutsoubis on November 15, 2002 B currently in possession of the defendants. 34. 20 pages of Roland Hall accident site photographs.

Investigatory Reports: 101.October 11, 1996 Safety Plan from David Maron to the Coast Guard Contracting Division designating Ronald DeFrancesco as Safety Officer. 102.May 12, 1997 2-page letter from Thomas Maron to Midland Fire Protection. 103.May 12, 1997 Daily Construction Report executed by Ronald DeFrancesco. 104.Investigatory report of Chief Warrant Officer Eric Stemmler dated May 28, 1997 with attachments, 15 pages. 105. Job Site Weekly Safety Meetings reports.

State Court Depositions: 108. Deposition of Steven Shotteck B October 22, 1999 109. Deposition of Eric Stemmler B December 13, 1999

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110. Deposition of Ronald Foster B April 4, 2000 Request for Admissions: 111.Defendants, Maron Construction, Inc. & Ronald DeFrancesco=s response to Request for Admissions dated January 6, 2003. DEFENDANTS= 'A5 PROPOSED WITNESSES 1. Gregory J. Carabine Chief, Construction and Engineering United States Coast Guard Academy

(See defendants= 'A5 compliance for brief description of testimony of this witness.) 2. Commander Matthew Ruckert Public Works Officer United States Coast Guard Academy Public Works Department

(See defendants= 'A5 compliance for brief description of testimony of this witness.) 3.Personnel and representatives of the United States Coast Guard Academy Public Works Department (See defendants= 'A5 compliance for brief description of testimony of this witness.) 1.Personnel and representatives of the United States Coast Guard Academy Athletic Department And other United States Coast Guard Academy Personnel and Cadets. (See defendants= 'A5 compliance for brief description of testimony of this witness.) 2.Dean Koutsoubis, P.E. Koutsoubis, Alonso Associates, P.E., P.C. 70 East Old Country Road Hicksville, New York 11801 (See defendants= 'A5 compliance for brief description of

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testimony of this witness.) PLAINTIFFS= PROPOSED WITNESSES (INCORPORATED BY DEFENDANTS) In addition to the above defendants= proposed witnesses, the defendants incorporate the proposed witnesses in plaintiffs= present and any future amended Response to 'A-5 of the October 27, 2003 Trial Preparation Order and reserve the right to call on same as defendants witnesses. The presently identified proposed plaintiffs= witnesses whom defendants hereby incorporate are as follows: 1.Thomas J. Maron, President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 2. David Maron Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909

Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 3. Jane M. Mardo, Vice President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909

Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 4. David B. Munroe, Midland Fire Protection Company 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony B Employee of Midland Fire

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Protection, subcontractor for the renovation project at Roland Hall B fact witness. 5. Donna Munroe 6 Grandview Street, Coventry, RI 02810

Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 6. Jack DeMers, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810

Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 7. Robert Fontaine, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810

Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 8. Ronald DeFrancesco, Superintendent Maron Construction Company 180 Mancini Drive, Providence, RI 02909

Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 9. C.W.O. Eric Stemmler, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 10. Walter Stampfl, U.S. Coast Guard Academy New London, Connecticut

Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 11. Lee Archibald, U.S. Coast Guard Academy New London, Connecticut

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Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 12. Greg Carabine, Assistant Facilities Engineer, Coast Guard Academy, New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 13. Ronald Foster 52 Maple Street, Attleboro Falls, MA

Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 14. Steven Shotteck 61 Pine Street, Seekonk, MA 02771

Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

15.

Randall Draughn He has been assigned to work for Midland on a project in North Carolina. He lives at 5A Severna Court, Durham, NC 27704

Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 16. Joseph Strychasz 165 Memorial Drive, Pawtucket, RI Plaintiff. Sandra Colicci 02861

17.

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2218 Putnam Pike, Chepachet, RI Plaintiff. 18. Joshua Strychasz 2218 Putnam Pike, Chepachet, RI Son of plaintiffs. Alison L. Wood, Investigator Williams Investigative Services Conducted initial investigation of fall at Roland Hall. Ms. Victoria Worrell, Contract Specialist Facilities Design & Construction Center Atlantic 5505 Robin Hood Road, Norfolk, VA 23513-2431

19.

20.

Brief Description of Testimony B Coast Guard employee responsible for the issuance of the contract between the United States Coast Guard and Maron Construction for the renovation of Roland Hall. Responsible for contract compliance. 21. Mr. Wayne C. Webster, Project Manager for Roland Hall renovation Facilities Design & Construction Center Atlantic Norfolk, Virginia

Brief Description of Testimony B Coast Guard employee responsible for the issuance of the contract between the United States Coast Guard and Maron Construction for the renovation of Roland Hall. Responsible for contract compliance. 22. Wanda Coresini, U.S. Coast Guard Academy Norfolk, Virginia Brief Description of Testimony B Coast Guard employee responsible for the issuance of the contract between the United States Coast Guard and Maron Construction for the renovation of Roland Hall. Responsible for contract compliance. 23. James Gerou Einhorn, Yaffee, Prescott Architecture & Engineering P.O. Box 617, Albany, NY 12201

Brief Description of Testimony B Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the

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Roland Hall renovation project. 24. Peter Gravel 45 Hyvue Drive, Newburgh, NY 12550

Brief Description of Testimony B Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project.

4.

At all times mentioned herein, the defendant, Ronald

DeFrancesco, was the agent, servant or employee of the defendant, Maron, acting within the scope of his employment and general grant of his authority. DEFENDANT=S 'C1 RESPONSE: Admitted. May be stipulated.

5.

The contract included the installation of a fire

suppression system in the ventilation cell area of Roland Hall, which was located below the athletic track on the fifth floor. DEFENDANT=S 'C1 RESPONSE: Admitted. 6. May be stipulated.

Midland Fire Protection Company, a corporation

organized and existing under the laws of the State of Rhode Island, with its principal place of business located at 6 Grandview Street, Coventry, Rhode Island, hereinafter known as Midland, was hired by Maron, as a subcontractor, to install the fire sprinkler system in the ventilation cell area directly

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below the fifth floor. DEFENDANT=S 'C1 RESPONSE: Admitted. May be stipulated.

7.

The ventilation cell area circled the fourth floor of

the outer perimeter of the building, with 2' x 4' ventilation openings in the athletic track floor, under which, directly below were 2' x 4' ventilation openings leading to the outside. There were over 25 such ventilation openings circling the entire building in the ventilation cell area. DEFENDANT=S 'C1 RESPONSE: Denied in part. Admitted in part. It is admitted that there were cell areas under the floor of the athletic track. It is also admitted that there were 2' x 4' ventilation openings in certain areas of the cells. The balance is denied, as stated.

Countering evidence, as described defendants= 'C1 response to plaintiff=s Claim of Fact Number 3 above (see pages 6-15 to this filing), will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

8.

The outside ventilation openings had originally been

covered with metal grates to keep out birds, bats and other small animals, without obstructing the air flow. Over the

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years, these grates had been replaced in the cell area floor with transite roofing panels, about one-quarter inch in width. DEFENDANT=S 'C1 RESPONSE: Denied in part and defendants lack sufficient knowledge in part. Admitted in part. It may be stipulated that the U.S. Coast Guard replaced grates or louvers of many ventilation openings, including the one through which plaintiff fell, approximately 15 years before plaintiff fell, with pieces of transite that were a nominal 1/4" thick. Countering evidence, as described defendants= 'C1 response to plaintiff=s Claim of Fact Number 3 above (see pages 6-15 to this filing), will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

9.

In February of 1997, Midland's employees started work

in the cell area installing piping for sprinkler mains and core drilling. DEFENDANT=S 'C1 RESPONSE: Defendants lack sufficient knowledge. stipulated. May NOT be

Countering evidence, as described defendants= 'C1 response

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to plaintiff=s Claim of Fact Number 3 above (see pages 6-15 to this filing), will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

10.

On May 12, 1997, the plaintiff, Joseph Strychasz, an

employee of Midland, was working in the cell area drilling holes in the concrete floor for sprinkler heads. DEFENDANT=S 'C1 RESPONSE: Admitted. May be stipulated.

11.

In the process of exiting the cell area through an

opening in the gymnasium floor, the plaintiff was forced to stand on a piece of transite covering the hole to the outside area. DEFENDANT=S 'C1 RESPONSE: Denied. May NOT be stipulated.

Countering evidence, as described defendants= 'C1 response to plaintiff=s Claim of Fact Number 3 above (see pages 6-15 to this filing), will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

12.

At that time, said transite covering gave the

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appearance of being part of the concrete floor. DEFENDANT=S 'C1 RESPONSE: Admitted. May be stipulated.

13.

At that time, said transite roofing panel collapsed

causing the plaintiff to fall approximately 27' to a concrete sidewalk below, causing the personal injuries and damages to the plaintiff, as hereinafter enumerated. DEFENDANT=S 'C1 RESPONSE: Defendants lack sufficient knowledge in part. Admitted in part. It may be stipulated that the concentrated point load of plaintiff upon a folding chair with legs near the center of the panel caused the transite to break and the plaintiff to fall to a concrete sidewalk below. Countering evidence, as described defendants= 'C1 response to plaintiff=s Claim of Fact Number 3 above (see pages 6-15 to this filing), will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

14.

The plaintiff, Joseph Strychasz, has suffered the

following injuries: a. b. c. 36% impairment of the lower left extremity; 41% impairment of the lower right extremity; 18% permanent partial disability of left upper

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extremity; d. e. disfigurement and scarring of lower extremities; fracture of both calcanei requiring open reduction and

fixation and repair of right peroneal tendon retinaculum; f. g. gait disturbance; right knee meniscal tear requiring arthroscopic

findings; h. left wrist complete scapolunate ligament tear, partial

triangular fibrocartilage complex tear, and partial lunar triquetral ligament tear requiring left wrist arthroscopy; I. j. k. l. m. n. o. adjustment disorder with depressed mood; plantar neuropathy; sural neuropathy; subtalar arthritis. adjustment disorder with depressed mood; pain and suffering; mental anguish and shock to his entire nervous system.

DEFENDANT=S 'C1 RESPONSE: Admitted in part, denied in part. Inasmuch as the medical reports will speak for themselves, the defendants do not dispute that the plaintiff received certain injuries in the accident. With regard to the percentage of permanent partial disability or impairment,

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or the degree to which these injuries have caused continuing problems, the defendants possess insufficient knowledge upon which to form a belief as to the truth of those claims and leave the plaintiff to his proof. It is further denied that these injuries were caused by the carelessness or negligence of the defendants. Countervailing evidence, as described below, will be offered to the extent that such evidence is not brought forth by plaintiff=s counsel in his case-in-chief or by cross-examination: DEFENDANTS= PROPOSED EXHIBITS: I. J. Report of Paul F. Murgo, M.Ed., C.R.C., C.D.M.S. Resource materials from the state and federal governments regarding job placement, labor markets, etc. relied upon and used by Mr. Murgo in formulating his opinions. Other data and primary resource materials used by Mr. Murgo in formulating his opinions. Employment file from Midland Fire for the plaintiff, Joseph Strychasz. Workers= Compensation file materials and internal nursing notes from Concentra Managed Care relating to the Workers= Compensation claim filed by the plaintiff for this loss. Social Security Administration file documents, including application from plaintiff regarding Social Security Disability payments following the plaintiff=s injury that is the subject of this case. Curriculum vitae of Paul F. Murgo, M.Ed., C.R.C., C.D.M.S. Any additional income tax returns filed by the plaintiff.

K. L. M.

N.

O. P.

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Q. R.

Career Assessment Inventory, Dr. Charles B. Johansson, dated February 4, 1999, 18 pages. Plaintiff, Joseph Strychasz=, responses to Interrogatories and Requests for Production dated April 23, 1999 and supplemental compliance tendered thereafter. Deposition of Joseph Strychasz, first session, dated July 28, 1999. Defendants= Exhibit A of deposition of Dr. Christopher DiGiovanni taken on October 30, 2002. Exhibits C, D and E of deposition of Dr. Peter Trafton taken on October 29, 2002. Exhibit B of deposition of Dr. Jonathan Bolton taken on November 20, 2002. Exhibits C, F, G, H, I, J-N, AA, BB and CC of deposition of Gary M. Crakes, Ph.D. taken on October 7, 2002.

S. T. U. V. W.

PLAINTIFF=S EXHIBITS: The defendants hereby incorporate all of the plaintiff=s proposed exhibits which were identified in plaintiff=s 'A exhibits relating to damages: 3, 6, 7, 9-10, 14-16, 37, 3883, 84-100 and 106. DEFENDANTS= WITNESSES: 1. Paul F. Murgo, M.Ed., C.R.C., C.D.M.S., Vocational Rehabilitation Counselor.

PLAINTIFF=S WITNESSES: The defendants hereby incorporate all of the plaintiffs= proposed witnesses which were identified in plaintiffs= 'A5 proposed witnesses on the questions of damages. Those witnesses are as follows:

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1

Joseph Strychasz, 165 Memorial Drive, Pawtucket, RI Plaintiff. Sandra Colicci 2218 Putnam Pike, Chepachet, RI Plaintiff.

02861

2.

3.

Dr. Peter Trafton, University Orthopedics P.O. Box 1119, Providence, RI 02901

Brief Description of Testimony B Physician associated with University Orthopedics who provided post injury treatment to Joseph Strychasz in Providence Rhode Island. 4. Dr. Christopher DiGiovanni P.O. Box 1119, Providence, RI 02901

Brief Description of Testimony B Physician associated with University Orthopedics who provided post injury treatment to Joseph Strychasz in Providence Rhode Island. 5. Dr. Michael Hulstyn P.O. Box 1119, Providence, RI 02901

Brief Description of Testimony B Physician associated with University Orthopedics who provided post injury treatment to Joseph Strychasz in Providence Rhode Island. 6. Dr. Arnold-Peter C. Weiss P.O. Box 1119, Providence, RI

02901

Brief Description of Testimony B Physician associated with University Orthopedics who provided post injury treatment to Joseph Strychasz in Providence Rhode Island. 7. Dr. Louis Sorrentino 64 Pitman 119, Providence, RI 02901

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Brief Description of Testimony B Psychiatrist treating Joseph Strychasz post accident. 8. Record keeper, Lawrence & Memorial Hospital P.O. Box 1471, New London, CT 06320

Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997. 9.Representative of Anesthesia Associates of New London P.O Box 390, New London, CT 06320 Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997. 10. Representative of Rhode Island Hospital 2 Dudley Street, Providence, RI

Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997. 11. Representative of New England Sports Therapy & Fitness Oak Hill Place, 407 East Ave., Pawtucket, RI 02860

Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997.

12.

Dr. Andrew J. Nelson University Orthopedics, Medical Office Center 2 Dudley Street, Providence, RI 02905

Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997. 13. Representative of Therapists Feinberg & Snelgrove Occupational Therapy University Orthopedics, Providence, RI 02905

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Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997. 14. Dr. Michael T. LeGeyt University Orthopedics, Medical Office Center 2 Dudley Street, Providence, RI 02905

Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997. 15. Therapists Maher and Gannon University Orthopedics, Providence, RI 02905

Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997. 16. Dr. Jonathan Bolton 469 Angel Street, Providence, RI 02906

Brief Description of Testimony B Psychiatrist treating Joseph Strychasz post accident. 17. Therapist Cooper, OT and PT University Orthopedics, Providence, RI 02905

Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997. 18. Representative of the Dr. John E. Donley Rehabilitation Center 249 Blackstone Boulevard, Providence, RI 02906-5899 Brief Description of Testimony B Will establish the treatment and billing in the care of Joseph Strychasz after his fall of May 12, 1997.

15.

The plaintiff was hospitalized at Lawrence Memorial

Hospital in New London, Connecticut, and again at the Rhode Island Hospital in Rhode Island.

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DEFENDANT=S 'C1 RESPONSE:

Admitted.

May be stipulated.

16.

The plaintiff has been unable to walk; has been forced

to use a wheelchair, crutches and other orthopedic devices; and he has had to endure, and will continue to endure, months of physical therapy. DEFENDANT=S 'C1 RESPONSE: Admitted in part, denied in part. Inasmuch as the medical reports will speak for themselves, the defendants do not dispute that the plaintiff received certain injuries in the accident. With regard to the percentage of permanent partial disability or impairment, or the degree to which these injuries have caused continuing problems, the defendants possess insufficient knowledge upon which to form a belief as to the truth of those claims and leave the plaintiff to his proof. It is further denied that these injuries were caused by the carelessness or negligence of the defendants. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

17.

The plaintiff has suffered, and will continue to

suffer, disfigurement and permanent disability of his left wrist and both lower extremities. DEFENDANT=S 'C1 RESPONSE: Admitted in part, denied in part.

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Inasmuch as the medical reports will speak for themselves, the defendants do not dispute that the plaintiff received certain injuries in the accident. With regard to the percentage of permanent partial disability or impairment, or the degree to which these injuries have caused continuing problems, the defendants possess insufficient knowledge upon which to form a belief as to the truth of those claims and therefore leave the plaintiff to his proof. It is further denied that these injuries were caused by the carelessness or negligence of the defendants. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

18.

The plaintiff, who was 32 years of age at the time of

his injuries, has been unable to pursue his normal leisure activities. DEFENDANT=S 'C1 RESPONSE: Admitted in part, denied in part. The age of the plaintiff is admitted. With regard to the remaining allegations in Paragraph 18, although it is admitted that the plaintiff received certain injuries in the accident, the defendants possess insufficient knowledge upon which to form a belief as to the truth of the balance

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of the claims and therefore leave the plaintiff to his proof. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

19.

The plaintiff has been unable to pursue his trade; he

has suffered, and will continue to suffer great losses of earnings. DEFENDANT=S 'C1 RESPONSE: Admitted in part, denied in part. Although the defendants admit that the plaintiff, for a certain period of time, was unable to work as a result of the injuries he sustained in the accident, the balance of the allegations contained in Paragraph 19 are denied. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination. 20. The plaintiff has suffered, and continues to suffer,

bouts of deep depression, requiring psychiatric treatment. DEFENDANT=S 'C1 RESPONSE: Admitted in part, denied in part. Inasmuch as the medical reports will speak for themselves, the defendants do not dispute that the plaintiff received certain injuries in the accident. With regard to the percentage of permanent partial disability or impairment, or the degree to which these injuries have caused

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continuing problems, the defendants possess insufficient knowledge upon which to form a belief as to the truth of those claims and leave the plaintiff to his proof. It is further denied that these injuries were caused by the carelessness or negligence of the defendants. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

21.

The plaintiff, who was very active in sports, is no

longer able to participate in his hobbies such as salt water fishing, quahogging, ice skating, ice hockey, roller blade skating, dancing and scuba diving. DEFENDANT=S 'C1 RESPONSE: The defendants possess insufficient knowledge upon which to form a belief as to the truth of the allegations contained herein and leave the plaintiff to his proof.

Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

22.

The plaintiff has been forced to expend large sums of

money for hospital treatment, physical therapy, orthopedic devices, surgeries and will be forced to undergo additional

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surgeries in the future, all at a financial loss to the plaintiff. DEFENDANT=S 'C1 RESPONSE: Admitted in part, denied in part. So much of Paragraph 22 as alleges that the plaintiff incurred medical expenses from injuries sustained in the accident is admitted. With regard to the dollar amounts or the specific form of medical services provided, the defendants possess insufficient knowledge upon which to form a belief as to the truth of those matters asserted and leave the plaintiff to his proof. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

23.

The plaintiff has had to have constructed a special

handicap ramp for entrance and exit to and from his home. DEFENDANT=S 'C1 RESPONSE: The defendants possess insufficient knowledge upon which to form a belief as to the truth of the matters asserted therein and leave the plaintiff to his proof. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such

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information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

24.

The plaintiff suffered anxiety or fear of future harm

in consequence of his injury. DEFENDANT=S 'C1 RESPONSE: The defendants possess insufficient knowledge upon which to form a belief as to the truth of the matters asserted therein and leave the plaintiff to his proof. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

25.

The plaintiff suffers an increased risk of future harm.

DEFENDANT=S 'C1 RESPONSE: The defendants possess insufficient knowledge upon which to form a belief as to the truth of the matters asserted therein and leave the plaintiff to his proof.

Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

COUNT TWO B SANDRA STRYCHASZ: 1-25. Paragraphs 1 through 25 of Count One are

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incorporated herein and made paragraphs 1 through 25 of Count Two. DEFENDANTS= 'C1 RESPONSE: The defendants possess insufficient knowledge upon which to form a belief as to the truth of the matters asserted therein and leave the plaintiff to his proof. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

26.

The plaintiff, Sandra Strychasz, was married to the

plaintiff, Joseph Strychasz, from May 12, 1997 (the date of the accident) through December of 2000. DEFENDANT=S 'C1 RESPONSE: The defendants possess insufficient knowledge upon which to form a belief as to the truth of the matters asserted therein and leave the plaintiff to his proof. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination. 27. The plaintiff, Sandra Strychasz, individually,

suffered a loss of the affection, society, companionship, sexual relations, financial contribution and consortium of her husband, Joseph Strychasz. DEFENDANT=S 'C1 RESPONSE:

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The defendants possess insufficient knowledge upon which to form a belief as to the truth of the matters asserted therein and leave the plaintiff to his proof. Countervailing evidence, as described in response to Paragraph 14 above, will be offered to the extent that such information is not brought forth by the plaintiff=s counsel in his case-in-chief or by cross-examination.

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SECTION A2 B PROPOSED FINDING OF FACT: Said personal injuries and damages to the plaintiff were the proximate result of the negligence and carelessness of the defendants, in that: 1. Ronald DeFrancesco, as Superintendent and Safety

Officer of the defendant, Maron, was required to prepare a written plan for the safety of all employees working at the project. Specification of Supporting Evidence B The plaintiffs will rely on the following evidence (see attached Exhibit Numbers) to support this proposed finding of fact: Depositions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 09/20/02 B Ronald DeFrancesco B Boyce=s office. 09/20/02 B Thomas Maron B Boyce=s office 10/07/02 B Gary Crakes, Ph.D. - Here 10/22/02 B Peter Gravel B Kaisen=s office 10/23/02 B James Gerou B Kaisen=s office 10/29/02 B Dr. Trafton B Rhode Island 10/30/02 B Dr. DiGiovanni B Rhode Island 11/06/02 B David Munroe B Atty. Somers= office 11/07/02 B Sandra Strychasz B Rhode Island

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10. 11. 12. 13. 14. 15. 16. 17. 18. 19.

11/07/02 B Joseph Strychasz B Rhode Island 11/08/02 B Lee Archibald B USCG, New London 11/13/02 B Wanda Coresini B Norfolk, Virginia 11/13/02 B Walter Stampfl B Norfolk, Virginia 11/20/02 B Dr. Jonathan Bolton B His office, RI 11/25/02 B Dr. DiGiovanni Continued Depo B Rhode Island 11/25/02 B Dr. Trafton Continued Depo B Rhode Island 07/17/03 B Dean Koutsoubis B Milano=s office 08/13/03 B Ronald DeFrancesco Continued Depo B Kaisen=s office 08/13/03 B Thomas Maron Continued Depo B Kaisen=s office

Architectural and Engineering Diagrams: 20. Two volume set of architectural and engineering drawings for the Roland Hall renovation project prepared by Einhorn, Yaffee Prescott Engineers. Midland Fire Protection as built drawings, 8 sheets. Specifications for Roland Hall renovations prepared by Einhorn, Yaffee Prescott on July 30, 1996 (Volume 1 of 2). Specifications for Roland Hall renovations prepared by Einhorn, Yaffee Prescott on July 30, 1996 (Volume 2 of 2).

21. 22

23.

Contracts: 24. Contract between the U.S. Coast Guard and Einhorn, Yaffee, Prescott dated April 29, 1996.

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25. 26. 27. 28.

Solicitation Offer and Award to Maron Construction Company August 7, 1996. Subcontract Agreement between Maron Construction and Midland Fire Protection executed November 4, 1996. Amendment of Solicitation/Modification of Contract dated April 14, 1997 (asbestos abatement). Contract Modification executed by Maron Construction dated June 17, 1997 with attachments, 10 pages.

Roland Hall Renovation Contracts: 29. 30. 31. 32. Contract Amendment/Modification dated August 7, 1996. Three large blueprints of Roland Hall Renovations. List of Subcontractors for Roland Hall renovation project. Two large blueprints of Einhorn, Yaffee, Prescott Architectural, pages 30 and 31.

Photographs/Video: 33. 90 photographs of various locations inside and outside of the Roland Hall Gymnasium taken by Dean Koutsoubis on November 15, 2002 B currently in possession of the defendants. 20 pages of Roland Hall accident site photographs.

34.

Investigatory Reports: 101. October 11, 1996 Safety Plan from David Maron to the Coast Guard Contracting Division designating Ronald DeFrancesco as Safety Officer. 102. May 12, 1997 2-page letter from Thomas Maron to Midland Fire Protection. 103. May 12, 1997 Daily Construction Report executed by

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Ronald DeFrancesco. 104. Investigatory report of Chief Warrant Officer Eric Stemmler dated May 28, 1997 with attachments, 15 pages. 105. Job Site Weekly Safety Meetings reports. State Court Depositions: 108. Deposition of Steven Shotteck B October 22, 1999 109. Deposition of Eric Stemmler B December 13, 1999 110. Deposition of Ronald Foster B April 4, 2000 Request for Admissions: 111. Defendants, Maron Construction, Inc. & Ronald DeFrancesco=s response to Request for Admissions dated January 6, 2003 List of Proposed Witnesses to Support Proposed Finding of Fact: 1. Thomas J. Maron, President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI

02909

Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 2. David Maron Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI

02909

3.

Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. Jane M. Mardo, Vice President Maron Construction Company, Inc.

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180 Mancini Drive, Providence, RI

02909

Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 4. David B. Munroe, Midland Fire Protection Company 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 5. Donna Munroe 6 Grandview Street, Coventry, RI 02810

Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 6. Jack DeMers, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 7. Robert Fontaine, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

8.

Ronald DeFrancesco, Superintendent Maron Construction Company 180 Mancini Drive, Providence, RI 02909

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Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 9. C.W.O. Eric Stemmler, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 10. Walter Stampfl, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 11. Lee Archibald, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 12. Greg Carabine, Assistant Facilities Engineer, Coast Guard Academy, New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 13. Ronald Foster 52 Maple Street, Attleboro Falls, MA Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

14.

Steven Shotteck 61 Pine Street, Seekonk, MA 02771 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at

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Roland Hall B fact witness. 15. Randall Draughn He has been assigned to work for Midland on a project in North Carolina. He lives at 5A Severna Court, Durham, NC 27704 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 16. Joseph Strychasz 165 Memorial Drive, Pawtucket, RI Plaintiff. Sandra Colicci 2218 Putnam Pike, Chepachet, RI Plaintiff. Joshua Strychasz 2218 Putnam Pike, Chepachet, RI Son of plaintiffs. Alison L. Wood, Investigator Williams Investigative Services Conducted initial investigation of fall at Roland Hall. Ms. Victoria Worrell, Contract Specialist Facilities Design & Construction Center Atlantic 5505 Robin Hood Road, Norfolk, VA 23513-2431 Brief Description of Testimony B Coast Guard employee responsible for the issuance of the contract between the United States Coast Guard and Maron Construction for the renovation of Roland Hall. Responsible for contract compliance. Mr. Wayne C. Webster, Project Manager for Roland Hall renovation Facilities Design & Construction Center Atlantic Norfolk, Virginia 02861

17.

18.

19.

20.

21.

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Brief Description of Testimony B Coast Guard employee responsible for the issuance of the contract between the United States Coast Guard and Maron Construction for the renovation of Roland Hall. Responsible for contract compliance. 22. Wanda Coresini, U.S. Coast Guard Academy Norfolk, Virginia Brief Description of Testimony B Coast Guard employee responsible for the issuance of the contract between the United States Coast Guard and Maron Construction for the renovation of Roland Hall. Responsible for contract compliance. 23. James Gerou Einhorn, Yaffee, Prescott Architecture & Engineering P.O. Box 617, Albany, NY 12201 Brief Description of Testimony B Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. 24. Peter Gravel 45 Hyvue Drive, Newburgh, NY 12550

Brief Description of Testimony B Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project.

2.

As Safety Officer, he knew that the ventilation holes

in the floor of the cell area had been replaced by the transite

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roofing boards, which were incapable of holding an adult person's weight; Specification of Supporting Evidence B The plaintiffs will rely on the following evidence (see attached Exhibit Numbers) to support this proposed finding of fact: Depositions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 09/20/02 B Ronald DeFrancesco B Boyce=s office 09/20/02 B Thomas Maron B Boyce=s office 10/07/02 B Gary Crakes, Ph.D. - Here 10/22/02 B Peter Gravel B Kaisen=s office 10/23/02 B James Gerou B Kaisen=s office 10/29/02 B Dr. Trafton B Rhode Island 10/30/02 B Dr. DiGiovanni B Rhode Island 11/06/02 B David Munroe B Atty. Somers= office 11/07/02 B Sandra Strychasz B Rhode Island

10.11/07/02 B Joseph Strychasz B Rhode Island 11. 12. 13. 14. 15. 16. 11/08/02 B Lee Archibald B USCG, New London 11/13/02 B Wanda Coresini B Norfolk, Virginia 11/13/02 B Walter Stampfl B Norfolk, Virginia 11/20/02 B Dr. Jonathan Bolton B His office, RI 11/25/02 B Dr. DiGiovanni Continued Depo B Rhode Island 11/25/02 B Dr. Trafton Continued Depo B Rhode Island

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17. 18. 19.

07/17/03 B Dean Koutsoubis B Milano=s office 08/13/03 B Ronald DeFrancesco Continued Depo B Kaisen=s 08/13/03 B Thomas Maron Continued Depo B Kaisen=s office office

Architectural and Engineering Diagrams: 48.Two volume set of architectural and engineering drawings for the Roland Hall renovation project prepared by Einhorn, Yaffee Prescott Engineers. 21. 22 23. Midland Fire Protection as built drawings, 8 sheets. Specifications for Roland Hall renovations prepared by Einhorn, Yaffee Prescott on July 30, 1996 (Volume 1 of 2). Specifications for Roland Hall renovations prepared by Einhorn, Yaffee Prescott on July 30, 1996 (Volume 2 of 2).

Contracts: 24. 25. 26. 27. 28. Contract between the U.S. Coast Guard and Einhorn, Yaffee, Prescott dated April 29, 1996. Solicitation Offer and Award to Maron Construction Company August 7, 1996. Subcontract Agreement between Maron Construction and Midland Fire Protection executed November 4, 1996. Amendment of Solicitation/Modification of Contract dated April 14, 1997 (asbestos abatement). Contract Modification executed by Maron Construction dated June 17, 1997 with attachments, 10 pages.

Roland Hall Renovation Contracts: 29. Contract Amendment/Modification dated August 7, 1996.

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30. 31. 32.

Three large blueprints of Roland Hall Renovations. List of Subcontractors for Roland Hall renovation project. Two large blueprints of Einhorn, Yaffee, Prescott Architectural, pages 30 and 31.

Photographs/Video: 33. 90 photographs of various locations inside and outside of the Roland Hall gymnasium taken by Dean Koutsoubis on November 15, 2002 B currently in possession of the defendants. 20 pages of Roland Hall accident site photographs.

34.

Investigatory Reports: 101. October 11, 1996 Safety Plan from David Maron to the Coast Guard Contracting Division designating Ronald DeFrancesco as Safety Officer.

102. May 12, 1997 2-page letter from Thomas Maron to Midland Fire Protection. 103. 104. May 12, 1997 Daily Construction Report executed by Ronald DeFrancesco. Investigatory report of Chief Warrant Officer Eric Stemmler dated May 28, 1997 with attachments, 15 pages.

105. Job Site Weekly Safety Meetings reports. State Court Depositions: 108. 109. 110. Deposition of Steven Shotteck B October 22, 1999 Deposition of Eric Stemmler B December 13, 1999 Deposition of Ronald Foster B April 4, 2000

Request for Admissions:

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111.

Defendants, Maron Construction, Inc. & Ronald DeFrancesco=s response to Request for Admissions dated January 6, 2003

List of Proposed Witnesses to Support Proposed Finding of Fact: 1. Thomas J. Maron, President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 2. David Maron Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness.

3.

Jane M. Mardo, Vice President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness.

4.

David B. Munroe, Midland Fire Protection Company 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

5.

Donna Munroe 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

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6.

Jack DeMers, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

7.

Robert Fontaine, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

8.

Ronald DeFrancesco, Superintendent Maron Construction Company 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness.

9.

C.W.O. Eric Stemmler, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project.

10.

Walter Stampfl, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project.

11.

Lee Archibald, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project.

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12.

Greg Carabine, Assistant Facilities Engineer, Coast Guard Academy, New London, Connecticut Brief Description of Testimony B U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project.

13.

Ronald Foster 52 Maple Street, Attleboro Falls, MA Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

14.

Steven Shotteck 61 Pine Street, Seekonk, MA 02771 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

15.

Randall Draughn He has been assigned to work for Midland on a project in North Carolina. He lives at 5A Severna Court, Durham, NC 27704 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness.

16.

Joseph Strychasz 165 Memorial Drive, Pawtucket, RI 02861 Plaintiff. Sandra Colicci 2218 Putnam Pike, Chepachet, RI Plaintiff. Joshua Strychasz 2218 Putnam Pike, Chepachet, RI Son of plaintiffs. Alison L. Wood, Investigator

17.

18.

19.

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Williams Investigative Services Conducted initial investigation of fall at Roland Hall. 20. Ms. Victoria Worrell, Contract Specialist Facilities Design & Construction Center Atlantic 5505 Robin Hood Road, Norfolk, VA 23513-2431 Brief Description of Testimony B Coast Guard employee responsible for the issuance of the contract between the United States Coast Guard and Maron Construction for the renovation of Roland Hall. Responsible for contract compliance. Mr. Wayne C. Webster, Project Manager for Roland Hall renovation Facilities Design & Construction Center Atlantic Norfolk, Virginia Brief Description of Testimony B Coast Guard employee responsible for the issuance of the contract between the United States Coast Guard and Maron Construction for the renovation of Roland Hall. Responsible for contract compliance. 22. Wanda Coresini, U.S. Coast Guard Academy Norfolk, Virginia Brief Description of Testimony B Coast Guard employee responsible for the issuance of the contract between the United States Coast Guard and Maron Construction for the renovation of Roland Hall. Responsible for contract compliance. 23. James Gerou Einhorn, Yaffee, Prescott Architecture & Engineering P.O. Box 617, Albany, NY 12201 Brief Description of Testimony B Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. 24. Peter Gravel 45 Hyvue Drive, Newburgh, NY 12550 Brief Description of Testimony B Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project.

21.

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3. As Safety Officer, he failed to secure the coverings for the outside openings, when he knew that the plaintiff, and other subcontractor employees, would be working in the cell area; Specification of Supporting Evidence B The plaintiffs will rely on the following evidence (see attached Exhibit Numbers) to support this proposed finding of fact: Depositions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 09/20/02 B Ronald DeFrancesco B Boyce=s office 09/20/02 B Thomas Maron B Boyce=s office 10/07/02 B Gary Crakes, Ph.D. - Here 10/22/02 B Peter Gravel B Kaisen=s office 10/23/02 B James Gerou B Kaisen=s office 10/29/02 B Dr. Trafton B Rhode Island 10/30/02 B Dr. DiGiovanni B Rhode Island 11/06/02 B David Munroe B Atty. Somers= office 11/07/02 B Sandra Strychasz B Rhode Island 11/07/02 B Joseph Strychasz B Rhode Island 11/08/02 B Lee Archibald B USCG, New London 11/13/02 B Wanda Coresini B Norfolk, Virginia 11/13/02 B Walter Stampfl B Norfolk, Virginia 11/20/02 B Dr. Jonathan Bolton B His office, RI

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15. 16. 17. 18. 19.

11/25/02 B Dr. DiGiovanni Continued Depo B Rhode Island 11/25/02 B Dr. Trafton Continued Depo B Rhode Island 07/17/03 B Dean Koutsoubis B Milano=s office 08/13/03 B Ronald DeFrancesco Continued Depo B Kaisen=s office 08/13/03 B Thomas Maron Continued Depo B Kaisen=s office

Architectural and Engineering Diagrams: 20. Two volume set of architectural and engineering drawings for the Roland Hall renovation project prepared by Einhorn, Yaffee Prescott Engineers. 21. Midland Fire Protection as built drawings, 8 sheets.

22 Specifications for Roland Hall renovations prepared by Einhorn, Yaffee Prescott on July 30, 1996 (Volume 1 of 2). 23. Specifications for Roland Hall renovations prepared by Einhorn, Yaffee Prescott on July 30, 1996 (Volume 2 of 2). Contracts: 24. 29, 1996. 25. Contract between the U.S. Coast Guard and Einhorn, Yaffee, Prescott dated April

Solicitation Offer and Award to Maron Construction Company August 7, 1996.

26. Subcontract Agreement between Maron Construction and Midland Fire Protection executed November 4, 1996. 27. Amendment of Solicitation/Modification of Contract dated April 14, 1997 (asbestos abatement). 28. Contract Modification executed by Maron Construction dated June 17, 1997 with attachments, 10 pages. Roland Hall Renovation Contracts:

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29. 30. 31. 32.

Contract Amendment/Modification dated August 7, 1996. Three large blueprints of Roland Hall Renovations. List of Subcontractors for Roland Hall renovation project. Two large blueprints of Einhorn, Yaffee, Prescott Architectural, pages 30 and 31.

Photographs/Video: 33. 90 photographs of various locations inside and outside of the Roland Hall Gymnasium taken by Dean Koutsoubis on November 15, 2002 B currently in possession of the defendants. 34. 20 pages of Roland Hall accident site photographs.

Investigatory Reports: 101. October 11, 1996 Safety Plan from David Maron to the Coast Guard Contracting Division designating Ronald DeFrancesco as Safety Officer. 102. 103. May 12, 1997 2-page letter from Thomas Maron to Midland Fire Protection. May 12, 1997 Daily Construction Report executed by Ronald DeFrancesco.

104. Investigatory report of Chief Warrant Officer Eric Stemmler dated May 28, 1997 with attachments, 15 pages. 105. Job Site Weekly Safety Meetings reports.

State Court Depositions: 108. 109. 110. Deposition of Steven Shotteck B October 22, 1999 Deposition of Eric Stemmler B December 13, 1999 Deposition of Ronald Foster B April 4, 2000

Request for Admissions:

Case 3:01-cv-02063-PCD

Document 89

Filed 12/15/2003

Page 53 of 185

111. Defendants, Maron Construction, Inc. & Ronald DeFrancesco=s response to Request for Admissions dated January 6, 2003 List of Proposed Witnesses to Support Proposed Finding of Fact: 1. Thomas J. Maron, President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909

Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 2. David Maron Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909

Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 3. Jane M. Mardo, Vice President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909

Brief Description of Testimony B Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall B fact witness. 4. David B. Munroe, Midland Fire Protection Company 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony B Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall B fact witness. 5. Donna Munroe 6 Grandview Street, Coventry, RI 02810

Brief Description of Testimony B Employee of Midland Fire Protection, sub