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. MARON CONSTRUCTION, CO., INC. and RONALD DEFRANCESCO Defendants : : : : : : : : : : : : CIVIL ACTION NO.: 3:01CV2063 (PCD)

DECEMBER 12, 2003

SECTION C TRIAL PREPARATION ORDER COMPLIANCE I. The attorneys that will try this case are as follows: Edward J. Gavin, Esq. Richard T. Meehan, Jr., Esq. Michael T. Meehan, Esq. Meehan, Meehan & Gavin 76 Lyon Terrace, Bridgeport, Connecticut 06604 (203) 333-1888 II. This case is a jury case. III. The plaintiff would estimate that the evidence in this case would last approximately two to three weeks. IV. The parties have not agreed to have the case tried by United States Magistrate Judge Joan G. Margolis, and furthermore, have not agreed to have United States Magistrate Judge Joan G. Margolis enter final judgment. V. The plaintiff is scheduled to complete the deposition of the defendants' expert. In addition, the named defendants have recently withdrawn their third party complaints against the United States Government, and the architects and engineers involved in this matter. Plaintiff's counsel anticipated the disclosure of the third party experts. The plaintiff reserves

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the right to request permission of the Court to disclose its own expert subsequent to the completion of the deposition of the defendants' expert. VI. Settlement ­ The parties definitely would benefit from an assisted settlement conference. The parties have appeared before United States Magistrate Judge William I. Garfinkel on at least two occasions jointly and on other occasions separately. Undersigned counsel has contacted Judge Garfinkel's scheduling assistant, Gloria, on Tuesday, December 9, 2003 and she is in the process of scheduling another joint settlement conference. The underlying dispute that has been an obstacle in resolving this case has been a coverage issue between the defendants' insurance carriers. The two competing carriers have been at odds in regard to which carrier is primary for coverage purposes. The carriers have instituted a declaratory judgment action in the State of Rhode Island which has greatly complicated settlement discussions. Both counsel for the plaintiff and the defendants have attempted to resolve the matter but the coverage issue has been the obstacle. It appears that the carriers have come to an agreement to resolve the underlying case first and litigate the coverage issue second, so the matter appears ripe for settlement. VII. Position of the Intervening Plaintiff, Midland Fire Protection Company: THE INTERVENING PLAINTIFF, MIDLAND FIRE PROTECTION COMPANY, HEREBY ADOPTS THE PLAINTIFF'S POSITION AND EVIDENCE AS SET FORTH IN SECTION C. THE INTERVENING PLAINTIFF WILL HAVE NO SUBSTANTIVE INDEPENDENT EVIDENCE TO OFFER IN ADDITION TO THAT OFFERED BY THE PLAINTIFF EXCEPT FOR WHATEVER ADDITIONAL EVIDENCE MAY BE REQUESTED BY THE PARTIES AND/OR THE COURT IN ORDER TO FURTHER SUBSTANTIATE THE INTERVENING PLAINTIFF'S STATUTORY LIEN. IT IS THE INTERVENING PLAINTIFF'S UNDERSTANDING THAT BOTH THE PLAINTIFF AND THE DEFENDANT IN THIS CASE ARE SATISFIED THAT ALL NECESSARY INFORMATION SUBSTANTIATING THE INTERVENING PLAINTIFF'S LIEN HAS BEEN PRODUCED. IF ADDITIONAL INFORMATION IS SUBSEQUENTLY REQUESTED OR REQUIRED, THE INTERVENING PLAINTIFF RESPECTFULLY REQUESTS APPROPRIATE TIME TO PRODUCE WHATEVER ADDITIONAL INFORMATION AS MAY BE REQUESTED OR REQUIRED.

SECTION C COMPLIANCE WITH OPPOSING PARTY'S SUBMISSION

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1.

Plaintiffs' Response to Proposed Stipulations:

DEFENDANTS' §B1 PROPOSED STIPULATED FACTS: §B1-1: At the time he fell, Joseph Strychasz was an employee acting within the scope of his employment for Midland Fire Protection Company. PLAINTIFFS' RESPONSE: §C1-1: Agreed.

§B1-2: Midland Fire Protection Company was an independent subcontractor installing a fire sprinkler system at Roland Hall. PLAINTIFFS' RESPONSE: §C1-2: Agreed.

§B1-3: The defendants did not have actual knowledge of the inadequacy of the transite panel to support the weight of a worker and his equipment before plaintiff fell through it. PLAINTIFFS' RESPONSE: §C1-3: Disagree ­ The defendants may have had actual knowledge of the inadequacy of the transite panel to hold the weight of a worker. At the very least, the defendants were aware of the architectural and engineering drawings for the Roland Hall renovation project

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prepared by Einhorn, Yaffee, Prescott Engineers. replacing the transite panel with permanent air vents.

The drawings specifically contemplated

Ronald DeFrancesco, as Superintendent and Safety Officer of the defendant, Maron, knew that the ventilation holes in the floor of the cell area had been replaced by the transite roofing boards, which were incapable of holding an adult person's weight. 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. As Safety Officer, he failed to provide for a safe entrance and exit to the cell area from the gymnasium floor, when he knew that Midland's four employees were required to work in the cell area in the vicinity of these unsafe coverings on the ventilation holes. As Safety Officer, Mr. DeFrancesco knew that during the demolition that Midland employees, and other subcontractor employees, used these openings in the gymnasium floor to enter and exit the cell area, requiring them to stand on transite coverings. As Safety Officer, he failed to make periodic safety inspections of the jobsite everyday as required under the contract and safety plan submitted by Maron. As Safety Officer, Mr. DeFrancesco failed, during his inspections of work areas, to observe areas of all subcontractors and take appropriate action to correct the unsafe conditions, as soon as possible, pursuant to the agreement with U.S.C.G. As Safety Officer, Mr. DeFrancesco failed to make regular and frequent inspections over the entire site at least daily; and, at least once each week, jointly with trade contractor representatives, as required under the agreement with the U.S.C.G. As Safety Officer, he failed to acquaint the plaintiff with the possibility of a fall and the hazards that could be expected in the cell area. As Safety Officer, he failed to provide

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sufficient ladders for entrance and exit into the cell area with safe coverings, when he knew, or in the exercise of reasonable care, should have known that the employees were utilizing the various openings to the cell area for purposes of their work. The plaintiff will rely on the following evidence as previously listed in Section A2 of the Plaintiff's Trial Preparation Order. Specification of Supporting Evidence ­ The plaintiffs will rely on the following evidence (see attached Exhibit Numbers) to support this proposed finding of fact: Depositions: 1. 09/20/02 ­ Ronald DeFrancesco 2. 09/20/02 ­ Thomas Maron 3. 10/07/02 ­ Gary Crakes, Ph.D. 4. 10/22/02 ­ Peter Gravel 5. 10/23/02 ­ James Gerou 6. 10/29/02 ­ Dr. Trafton 7. 10/30/02 ­ Dr. DiGiovanni 8. 11/06/02 ­ David Munroe 9. 11/07/02 ­ Sandra Strychasz 10. 11/07/02 ­ Joseph Strychasz 11. 11/08/02 ­ Lee Archibald 12. 11/13/02 ­ Wanda Coresini 13. 11/13/02 ­ Walter Stampfl 14. 11/20/02 ­ Dr. Jonathan Bolton 15. 11/25/02 ­ Dr. DiGiovanni Continued Depo 16. 11/25/02 ­ Dr. Trafton Continued Depo 17. 07/17/03 ­ Dean Koutsoubis 18. 08/13/03 ­ Ronald DeFrancesco Continued Depo 19. 08/13/03 ­ Thomas Maron Continued Depo 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.

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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). 28. 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. 30. 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 ­ currently in possession of the defendants. 34. 20 pages of Roland Hall accident site photographs.

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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 ­ October 22, 1999 109. Deposition of Eric Stemmler ­ December 13, 1999 110. Deposition of Ronald Foster ­ 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: Thomas J. Maron, President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. 2. David Maron Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. 3. Jane M. Mardo, Vice President 1.

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Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. David B. Munroe, Midland Fire Protection Company 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. Donna Munroe 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 6. Jack DeMers, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. Robert Fontaine, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. Ronald DeFrancesco, Superintendent Maron Construction Company 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. 9. C.W.O. Eric Stemmler, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony ­ 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 ­ U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 8. 7. 5. 4.

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11.

Lee Archibald, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony ­ 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 ­ U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. Ronald Foster 52 Maple Street, Attleboro Falls, MA Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 14. Steven Shotteck 61 Pine Street, Seekonk, MA 02771 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ 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 ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ 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 Williams Investigative Services Conducted initial investigation of fall at Roland Hall. 13.

17.

18.

19.

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20.

Ms. Victoria Worrell, Contract Specialist Facilities Design & Construction Center Atlantic 5505 Robin Hood Road, Norfolk, VA 23513-2431 Brief Description of Testimony ­ 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 ­ 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. Wanda Coresini, U.S. Coast Guard Academy Norfolk, Virginia Brief Description of Testimony ­ 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 ­ Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. Peter Gravel 45 Hyvue Drive, Newburgh, NY 12550 Brief Description of Testimony ­ Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. 24. 22.

2.

Plaintiff's Response to Proposed Findings of Fact:

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DEFENDANTS' §B2 PROPOSED FINDINGS OF FACT §B2-1: The defendants did not have actual knowledge of the inadequacy of the transite panel to support the weight of a worker and his equipment before plaintiff fell through it. SUPPORTING WITNESSES, DOCUMENTS, PLEADINGS & TANGIBLE EVIDENCE: At this juncture, it is anticipated that this proposed finding will be premised upon: DEFENDANTS' EXHIBITS (identified in §B4, Proposed Exhibits): A, B, C, D, E, F, G and H. PLAINTIFFS' EXHIBITS (identified in §B4, Proposed Exhibits): The defendants hereby incorporate herein all of the plaintiffs' proposed exhibits which were identified in plaintiffs' §A2 Proposed Finding of Facts as the premise for each of the fifteen liability facts proposed by plaintiffs. Those exhibits are as follows: 1-34, 101-105, 108111. DEFENDANTS' WITNESSES (identified in §B5, Proposed Witnesses): Gregory Carabine. Commander Matthew Ruckert. Personnel and Representatives of the United States Coast Guard Academy Public Works Department. Personnel and representatives of the United States Coast Guard Academy Athletic Department and of the United States Coast Guard Academy personnel and cadets. Dean Koutsoubis, P.E. PLAINTIFFS' WITNESSES (identified in §B5, Proposed Witnesses):

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The defendants hereby incorporate all of the plaintiffs' proposed witnesses which were identified in plaintiffs' §A5 Proposed Witnesses as the premise for each of the fifteen liability facts proposed by plaintiffs. Those witnesses are as follows: Thomas J. Maron, President, Maron Construction Company, Inc. David Maron, Maron Construction Company, Inc. Jane M. Mardo, Vice-President, Maron Construction Company, Inc. David B. Munroe, Midland Fire Protection Company. Donna Munroe, Midland Fire Protection Company. Jack DeMers, Midland Fire Protection Company. Robert Fontaine, Midland Fire Protection Company. Ronald DeFrancesco, Maron Construction Company, Inc. C.W.O. Eric Stemmler, U.S. Coast Guard Academy. Walter Stampfl, U.S. Coast Guard Academy. Leigh Archibold, U.S. Coast Guard Academy. Greg Carabine, U.S. Coast Guard Academy. Ronald Foster, employee of Midland Fire Protection Company. Steven Shotteck, employee of Midland Fire Protection Company. Randall Draughn, employee of Midland Fire Protection Company. Joseph Strychasz, plaintiff. Sandra Collici, plaintiff. Joshua Strychasz, son of plaintiffs.

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Allison L. Wood, investigator. Victoria Worrell, Contract Specialist, Facilities Design and Construction Center, Atlantic Center. Wayne C. Webster, Project Manager for Roland Hall renovation facilities design and construction, Atlantic Center. Wanda Coresini, U.S. Coast Guard Academy. James Gerou, Einhorn Yaffee Prescott Architecture and Engineering. Peter Gravel, Einhorn Yaffee Prescott Architecture and Engineering. PLAINTIFFS' RESPONSE: §C2-1: Disagree ­ The defendants may have had actual knowledge of the inadequacy of the transite panel to hold the weight of a worker. At the very least, the defendants were aware of the architectural and engineering drawings for the Roland Hall renovation project prepared by Einhorn, Yaffee, Prescott Engineers. replacing the transite panel with permanent air vents. Ronald DeFrancesco, as Superintendent and Safety Officer of the defendant, Maron, knew that the ventilation holes in the floor of the cell area had been replaced by the transite roofing boards, which were incapable of holding an adult person's weight. 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. As Safety Officer, he failed to provide for a safe entrance and exit to the cell area from the gymnasium floor, when he knew that Midland's four employees were required to work in the cell area in the vicinity of The drawings specifically contemplated

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these unsafe coverings on the ventilation holes. As Safety Officer, Mr. DeFrancesco knew that during the demolition that Midland employees, and other subcontractor employees, used these openings in the gymnasium floor to enter and exit the cell area, requiring them to stand on transite coverings. As Safety Officer, he failed to make periodic safety inspections of the jobsite everyday as required under the contract and safety plan submitted by Maron. As Safety Officer, Mr. DeFrancesco failed, during his inspections of work areas, to observe areas of all subcontractors and take appropriate action to correct the unsafe conditions, as soon as possible, pursuant to the agreement with U.S.C.G. As Safety Officer, Mr. DeFrancesco failed to make regular and frequent inspections over the entire site at least daily; and, at least once each week, jointly with trade contractor representatives, as required under the agreement with the U.S.C.G. As Safety Officer, he failed to acquaint the plaintiff with the possibility of a fall and the hazards that could be expected in the cell area. As Safety Officer, he failed to provide sufficient ladders for entrance and exit into the cell area with safe coverings, when he knew, or in the exercise of reasonable care, should have known that the employees were utilizing the various openings to the cell area for purposes of their work. The plaintiff will rely on the following evidence as previously listed in Section A2 of the Plaintiff's Trial Preparation Order. Specification of Supporting Evidence ­ The plaintiffs will rely on the following evidence (see attached Exhibit Numbers) to support this proposed finding of fact: Depositions: 1. 09/20/02 ­ Ronald DeFrancesco

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2. 09/20/02 ­ Thomas Maron 3. 10/07/02 ­ Gary Crakes, Ph.D. 4. 10/22/02 ­ Peter Gravel 5. 10/23/02 ­ James Gerou 6. 10/29/02 ­ Dr. Trafton 7. 10/30/02 ­ Dr. DiGiovanni 8. 11/06/02 ­ David Munroe 9. 11/07/02 ­ Sandra Strychasz 10. 11/07/02 ­ Joseph Strychasz 11. 11/08/02 ­ Lee Archibald 12. 11/13/02 ­ Wanda Coresini 13. 11/13/02 ­ Walter Stampfl 14. 11/20/02 ­ Dr. Jonathan Bolton 15. 11/25/02 ­ Dr. DiGiovanni Continued Depo 16. 11/25/02 ­ Dr. Trafton Continued Depo 17. 07/17/03 ­ Dean Koutsoubis 18. 08/13/03 ­ Ronald DeFrancesco Continued Depo 19. 08/13/03 ­ Thomas Maron Continued Depo 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. 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.

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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: 29. Contract Amendment/Modification dated August 7, 1996. 30. 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 ­ 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:

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108. Deposition of Steven Shotteck ­ October 22, 1999 109. Deposition of Eric Stemmler ­ December 13, 1999 110. Deposition of Ronald Foster ­ 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: Thomas J. Maron, President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. David Maron Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. 3. Jane M. Mardo, Vice President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. David B. Munroe, Midland Fire Protection Company 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 5. Donna Munroe 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 6. Jack DeMers, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 4. 2. 1.

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Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 7. Robert Fontaine, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. Ronald DeFrancesco, Superintendent Maron Construction Company 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. C.W.O. Eric Stemmler, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony ­ 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 ­ U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. Lee Archibald, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony ­ 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 ­ U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. Ronald Foster 52 Maple Street, Attleboro Falls, MA Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 14. Steven Shotteck 61 Pine Street, Seekonk, MA 02771 13. 11. 9. 8.

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Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ 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 ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ 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 Williams Investigative Services Conducted initial investigation of fall at Roland Hall.

17.

18.

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Ms. Victoria Worrell, Contract Specialist Facilities Design & Construction Center Atlantic 5505 Robin Hood Road, Norfolk, VA 23513-2431 Brief Description of Testimony ­ 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 ­ 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

20.

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Brief Description of Testimony ­ 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. James Gerou Einhorn, Yaffee, Prescott Architecture & Engineering P.O. Box 617, Albany, NY 12201 Brief Description of Testimony ­ Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. Peter Gravel 45 Hyvue Drive, Newburgh, NY 12550 Brief Description of Testimony ­ Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. 24. 23.

§B2-2: Any and all injuries sustained by the plaintiff, Joseph Strychasz, were caused in whole or in part by the negligence and carelessness of the plaintiff, Joseph Strychasz, in that he failed to adequately investigate whether the panel placed over the vent was sufficient to withstand his weight, the weight of the chair that he was standing on and the weight of equipment and tools being carried before stepping on it and pressing on it. SUPPORTING WITNESSES, DOCUMENTS, PLEADINGS & TANGIBLE EVIDENCE: At this juncture, it is anticipated that this proposed finding will be premised upon: DEFENDANTS' EXHIBITS (identified in §B4, Proposed Exhibits): A, B, C, D, E, F, G and H. PLAINTIFFS' EXHIBITS (identified in §B4, Proposed Exhibits): The defendants hereby incorporate herein all of the plaintiffs' proposed exhibits which were identified in plaintiffs' §A2 Proposed Finding of Facts as the premise for each of the

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fifteen liability facts proposed by plaintiffs. Those exhibits are as follows: 1-34, 101-105, 108111. DEFENDANTS' WITNESSES (identified in §B5, Proposed Witnesses): Gregory Carabine. Commander Matthew Ruckert. Personnel and Representatives of the United States Coast Guard Academy Public Works Department. Personnel and representatives of the United States Coast Guard Academy Athletic Department and of the United States Coast Guard Academy personnel and cadets. Dean Koutsoubis, P.E. PLAINTIFFS' WITNESSES (identified in §B5, Proposed Witnesses): The defendants hereby incorporate all of the plaintiffs' proposed witnesses which were identified in plaintiffs' §A5 Proposed Witnesses as the premise for each of the fifteen liability facts proposed by plaintiffs. Those witnesses are as follows: Thomas J. Maron, President, Maron Construction Company, Inc. David Maron, Maron Construction Company, Inc. Jane M. Mardo, Vice-President, Maron Construction Company, Inc. David B. Munroe, Midland Fire Protection Company. Donna Munroe, Midland Fire Protection Company. Jack DeMers, Midland Fire Protection Company. Robert Fontaine, Midland Fire Protection Company.

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Ronald DeFrancesco, Maron Construction Company, Inc. C.W.O. Eric Stemmler, U.S. Coast Guard Academy. Walter Stampfl, U.S. Coast Guard Academy. Leigh Archibold, U.S. Coast Guard Academy. Greg Carabine, U.S. Coast Guard Academy. Ronald Foster, employee of Midland Fire Protection Company. Steven Shotteck, employee of Midland Fire Protection Company. Randall Draughn, employee of Midland Fire Protection Company. Joseph Strychasz, plaintiff. Sandra Collici, plaintiff. Joshua Strychasz, son of plaintiffs. Allison L. Wood, investigator. Victoria Worrell, Contract Specialist, Facilities Design and Construction Center, Atlantic Center. Wayne C. Webster, Project Manager for Roland Hall renovation facilities design and construction, Atlantic Center. Wanda Coresini, U.S. Coast Guard Academy. James Gerou, Einhorn Yaffee Prescott Architecture and Engineering. Peter Gravel, Einhorn Yaffee Prescott Architecture and Engineering. PLAINTIFFS' RESPONSE:

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§C2-2: Disagree ­ The injuries sustained by Joseph Strychasz were not caused by the negligence or carelessness of the plaintiff. It was the negligence of the defendants in directing Mr. Strychasz to work in the specified cell area when they knew or should have known that the transite panel on the floor of the cell area was not weight bearing and it was reasonably foreseeable that the plaintiff or others similarly situated would be caused to walk over the transite panel. The defendant, Ronald DeFrancesco, failed to inspect the work area as he as required to ensure a safe work place environment for the various contractors. Ronald DeFrancesco, as Superintendent and Safety Officer of the defendant, Maron, knew that the ventilation holes in the floor of the cell area had been replaced by the transite roofing boards, which were incapable of holding an adult person's weight. 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. As Safety Officer, he failed to provide for a safe entrance and exit to the cell area from the gymnasium floor, when he knew that Midland's four employees were required to work in the cell area in the vicinity of these unsafe coverings on the ventilation holes. As Safety Officer, Mr. DeFrancesco knew that during the demolition that Midland employees, and other subcontractor employees, used these openings in the gymnasium floor to enter and exit the cell area, requiring them to stand on transite coverings. As Safety Officer, he failed to make periodic safety inspections of the jobsite everyday as required under the contract and safety plan submitted by Maron. As Safety Officer, Mr. DeFrancesco failed, during his inspections of work areas, to observe areas of all subcontractors and take appropriate action to correct the unsafe conditions, as soon as

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possible, pursuant to the agreement with U.S.C.G. As Safety Officer, Mr. DeFrancesco failed to make regular and frequent inspections over the entire site at least daily; and, at least once each week, jointly with trade contractor representatives, as required under the agreement with the U.S.C.G. As Safety Officer, he failed to acquaint the plaintiff with the possibility of a fall and the hazards that could be expected in the cell area. As Safety Officer, he failed to provide sufficient ladders for entrance and exit into the cell area with safe coverings, when he knew, or in the exercise of reasonable care, should have known that the employees were utilizing the various openings to the cell area for purposes of their work. The plaintiff will rely on the following evidence as previously listed in Section A2 of the Plaintiff's Trial Preparation Order. Specification of Supporting Evidence ­ The plaintiffs will rely on the following evidence (see attached Exhibit Numbers) to support this proposed finding of fact: Depositions: 1. 09/20/02 ­ Ronald DeFrancesco 2. 09/20/02 ­ Thomas Maron 3. 10/07/02 ­ Gary Crakes, Ph.D. 4. 10/22/02 ­ Peter Gravel 5. 10/23/02 ­ James Gerou 6. 10/29/02 ­ Dr. Trafton 7. 10/30/02 ­ Dr. DiGiovanni 8. 11/06/02 ­ David Munroe 9. 11/07/02 ­ Sandra Strychasz 10. 11/07/02 ­ Joseph Strychasz 11. 11/08/02 ­ Lee Archibald 12. 11/13/02 ­ Wanda Coresini 13. 11/13/02 ­ Walter Stampfl 14. 11/20/02 ­ Dr. Jonathan Bolton 15. 11/25/02 ­ Dr. DiGiovanni Continued Depo

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16. 17. 18. 19.

11/25/02 ­ Dr. Trafton Continued Depo 07/17/03 ­ Dean Koutsoubis 08/13/03 ­ Ronald DeFrancesco Continued Depo 08/13/03 ­ Thomas Maron Continued Depo

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. 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). 28. 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. 30. Three large blueprints of Roland Hall Renovations. 31. List of Subcontractors for Roland Hall renovation project.

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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 ­ 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 ­ October 22, 1999 109. Deposition of Eric Stemmler ­ December 13, 1999 110. Deposition of Ronald Foster ­ 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

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Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. David Maron Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. Jane M. Mardo, Vice President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. 4. David B. Munroe, Midland Fire Protection Company 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. Donna Munroe 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. Jack DeMers, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 7. Robert Fontaine, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 8. Ronald DeFrancesco, Superintendent Maron Construction Company 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. 6. 5. 3. 2.

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C.W.O. Eric Stemmler, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony ­ U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. Walter Stampfl, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony ­ 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 ­ 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 ­ U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. Ronald Foster 52 Maple Street, Attleboro Falls, MA Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. Steven Shotteck 61 Pine Street, Seekonk, MA 02771 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ 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 ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 16. Joseph Strychasz 165 Memorial Drive, Pawtucket, RI 02861 Plaintiff. Sandra Colicci 14. 13. 10.

9.

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.

19.

Ms. Victoria Worrell, Contract Specialist Facilities Design & Construction Center Atlantic 5505 Robin Hood Road, Norfolk, VA 23513-2431 Brief Description of Testimony ­ 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 ­ 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 ­ 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 ­ Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. Peter Gravel 45 Hyvue Drive, Newburgh, NY 12550 Brief Description of Testimony ­ Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. 24. 21.

20.

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§B2-3: Any and all injuries sustained by the Joseph Strychasz were caused in whole or in part by the negligence and carelessness of the plaintiff, Joseph Strychasz, in that he failed to walk around the panel, vent and area in question, despite having had the opportunity and authority to do so. SUPPORTING WITNESSES, DOCUMENTS, PLEADINGS & TANGIBLE EVIDENCE: At this juncture, it is anticipated that this proposed finding will be premised upon: DEFENDANTS' EXHIBITS (identified in §B4, Proposed Exhibits): A, B, C, D, E, F, G and H. PLAINTIFFS' EXHIBITS (identified in §B4, Proposed Exhibits): The defendants hereby incorporate herein all of the plaintiffs' proposed exhibits which were identified in plaintiffs' §A2 Proposed Finding of Facts as the premise for each of the fifteen liability facts proposed by plaintiffs. Those exhibits are as follows: 1-34, 101-105, 108111. DEFENDANTS' WITNESSES (identified in §B5, Proposed Witnesses): Gregory Carabine. Commander Matthew Ruckert. Personnel and Representatives of the United States Coast Guard Academy Public Works Department. Personnel and representatives of the United States Coast Guard Academy Athletic Department and of the United States Coast Guard Academy personnel and cadets.

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Dean Koutsoubis, P.E. PLAINTIFFS' WITNESSES (identified in §B5, Proposed Witnesses): The defendants hereby incorporate all of the plaintiffs' proposed witnesses which were identified in plaintiffs' §A5 Proposed Witnesses as the premise for each of the fifteen liability facts proposed by plaintiffs. Those witnesses are as follows: Thomas J. Maron, President, Maron Construction Company, Inc. David Maron, Maron Construction Company, Inc. Jane M. Mardo, Vice-President, Maron Construction Company, Inc. David B. Munroe, Midland Fire Protection Company. Donna Munroe, Midland Fire Protection Company. Jack DeMers, Midland Fire Protection Company. Robert Fontaine, Midland Fire Protection Company. Ronald DeFrancesco, Maron Construction Company, Inc. C.W.O. Eric Stemmler, U.S. Coast Guard Academy. Walter Stampfl, U.S. Coast Guard Academy. Leigh Archibold, U.S. Coast Guard Academy. Greg Carabine, U.S. Coast Guard Academy. Ronald Foster, employee of Midland Fire Protection Company. Steven Shotteck, employee of Midland Fire Protection Company. Randall Draughn, employee of Midland Fire Protection Company. Joseph Strychasz, plaintiff.

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Sandra Collici, plaintiff. Joshua Strychasz, son of plaintiffs. Allison L. Wood, investigator. Victoria Worrell, Contract Specialist, Facilities Design and Construction Center, Atlantic Center. Wayne C. Webster, Project Manager for Roland Hall renovation facilities design and construction, Atlantic Center. Wanda Coresini, U.S. Coast Guard Academy. James Gerou, Einhorn Yaffee Prescott Architecture and Engineering. Peter Gravel, Einhorn Yaffee Prescott Architecture and Engineering. PLAINTIFFS' RESPONSE: §C2-3: Disagree ­ The injuries sustained by Joseph Strychasz were not caused by the negligence or carelessness of the plaintiff. It was the negligence of the defendants in directing Mr. Strychasz to work in the specified cell area when they knew or should have known that the transite panel on the floor of the cell area was not weight bearing and it was reasonably foreseeable that the plaintiff or others similarly situated would be caused to walk over the transite panel. The defendant, Ronald DeFrancesco, failed to inspect the work area as he as required to ensure a safe work place environment for the various contractors. Ronald DeFrancesco, as Superintendent and Safety Officer of the defendant, Maron, knew that the ventilation holes in the floor of the cell area had been replaced by the transite roofing boards, which were incapable of holding an adult person's weight. As Safety Officer,

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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. As Safety Officer, he failed to provide for a safe entrance and exit to the cell area from the gymnasium floor, when he knew that Midland's four employees were required to work in the cell area in the vicinity of these unsafe coverings on the ventilation holes. As Safety Officer, Mr. DeFrancesco knew that during the demolition that Midland employees, and other subcontractor employees, used these openings in the gymnasium floor to enter and exit the cell area, requiring them to stand on transite coverings. As Safety Officer, he failed to make periodic safety inspections of the jobsite everyday as required under the contract and safety plan submitted by Maron. As Safety Officer, Mr. DeFrancesco failed, during his inspections of work areas, to observe areas of all subcontractors and take appropriate action to correct the unsafe conditions, as soon as possible, pursuant to the agreement with U.S.C.G. As Safety Officer, Mr. DeFrancesco failed to make regular and frequent inspections over the entire site at least daily; and, at least once each week, jointly with trade contractor representatives, as required under the agreement with the U.S.C.G. As Safety Officer, he failed to acquaint the plaintiff with the possibility of a fall and the hazards that could be expected in the cell area. As Safety Officer, he failed to provide sufficient ladders for entrance and exit into the cell area with safe coverings, when he knew, or in the exercise of reasonable care, should have known that the employees were utilizing the various openings to the cell area for purposes of their work. The plaintiff will rely on the following evidence as previously listed in Section A2 of the Plaintiff's Trial Preparation Order.

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Specification of Supporting Evidence ­ The plaintiffs will rely on the following evidence (see attached Exhibit Numbers) to support this proposed finding of fact: Depositions: 1. 09/20/02 ­ Ronald DeFrancesco 2. 09/20/02 ­ Thomas Maron 3. 10/07/02 ­ Gary Crakes, Ph.D. 4. 10/22/02 ­ Peter Gravel 5. 10/23/02 ­ James Gerou 6. 10/29/02 ­ Dr. Trafton 7. 10/30/02 ­ Dr. DiGiovanni 8. 11/06/02 ­ David Munroe 9. 11/07/02 ­ Sandra Strychasz 10. 11/07/02 ­ Joseph Strychasz 11. 11/08/02 ­ Lee Archibald 12. 11/13/02 ­ Wanda Coresini 13. 11/13/02 ­ Walter Stampfl 14. 11/20/02 ­ Dr. Jonathan Bolton 15. 11/25/02 ­ Dr. DiGiovanni Continued Depo 16. 11/25/02 ­ Dr. Trafton Continued Depo 17. 07/17/03 ­ Dean Koutsoubis 18. 08/13/03 ­ Ronald DeFrancesco Continued Depo 19. 08/13/03 ­ Thomas Maron Continued Depo 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:

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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). 28. 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. 30. 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 ­ 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.

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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 ­ October 22, 1999 109. Deposition of Eric Stemmler ­ December 13, 1999 110. Deposition of Ronald Foster ­ 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: Thomas J. Maron, President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. David Maron Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. 3. Jane M. Mardo, Vice President Maron Construction Company, Inc. 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. David B. Munroe, Midland Fire Protection Company 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 4. 2. 1.

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Donna Munroe 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. Jack DeMers, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 7. Robert Fontaine, Midland Fire Protection 6 Grandview Street, Coventry, RI 02810 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. Ronald DeFrancesco, Superintendent Maron Construction Company 180 Mancini Drive, Providence, RI 02909 Brief Description of Testimony ­ Employee of Maron Construction Company, general contractor for the renovation project at Roland Hall ­ fact witness. C.W.O. Eric Stemmler, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony ­ U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. Walter Stampfl, U.S. Coast Guard Academy New London, Connecticut Brief Description of Testimony ­ 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 ­ 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 ­ U.S. Coast Guard employee assigned to the Roland Hall rehabilitation project. 10. 9. 8. 6.

5.

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13.

Ronald Foster 52 Maple Street, Attleboro Falls, MA Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 14. Steven Shotteck 61 Pine Street, Seekonk, MA 02771 Brief Description of Testimony ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ fact witness. 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 ­ Employee of Midland Fire Protection, subcontractor for the renovation project at Roland Hall ­ 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 Williams Investigative Services Conducted initial investigation of fall at Roland Hall. 15.

17.

18.

19.

20.

Ms. Victoria Worrell, Contract Specialist Facilities Design & Construction Center Atlantic 5505 Robin Hood Road, Norfolk, VA 23513-2431 Brief Description of Testimony ­ 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

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Norfolk, Virginia Brief Description of Testimony ­ 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 ­ 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 ­ Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. Peter Gravel 45 Hyvue Drive, Newburgh, NY 12550 Brief Description of Testimony ­ Einhorn, Yaffee, Prescott employee responsible for the architecture and engineering of the Roland Hall renovation project. §B2-4: Any and all injuries sustained by the Joseph Strychasz were caused in whole or in part by the negligence and carelessness of the plaintiff, Joseph Strychasz, in that he was attempting to remove tools and equipment through a vent by use of a chair when access and entry points were specifically designated to him and his employer and an area away from the vent and panel of which he now complains. SUPPORTING WITNESSES, DOCUMENTS, PLEADINGS & TANGIBLE EVIDENCE: At this juncture, it is anticipated that this proposed finding will be premised upon: DEFENDANTS' EXHIBITS (identified in §B4, Proposed Exhibits): A, B, C, D, E, F, G and H. 24.

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PLAINTIFFS' EXHIBITS (identified in §B4, Proposed Exhibits): The defendants hereby incorporate herein all of the plaintiffs' proposed exhibits which were identified in plaintiffs' §A2 Proposed Finding of Facts as the premise for each of the fifteen liability facts proposed by plaintiffs. Those exhibits are as follows: 1-34, 101-105, 108111. DEFENDANTS' WITNESSES (identified in §B5, Proposed Witnesses): Gregory Carabine. Commander Matthew Ruckert. Personnel and Representatives of the United States Coast Guard Academy Public Works Department. Personnel and representatives of the United States Coast Guard Academy Athletic Department and of the United States Coast Guard Academy personnel and cadets. Dean Koutsoubis, P.E. PLAINTIFFS' WITNESSES (identified in §B5, Proposed Witnesses): The defendants hereby incorporate all of the plaintiffs' proposed witnesses which were identified in plaintiffs' §A5 Proposed Witnesses as the premise for each of the fifteen liability facts proposed by plaintiffs. Those witnesses are as follows: Thomas J. Maron, President, Maron Construction Company, Inc. David Maron, Maron Construction Company, Inc. Jane M. Mardo, Vice-President, Maron Construction Company, Inc. David B. Munroe, Midland Fire Protection Company.

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Donna Munroe, Midland Fire Protection Company. Jack DeMers, Midland Fire Protection Company. Robert Fontaine, Midland Fire Protection Company. Ronald DeFrancesco, Maron Construction Company, Inc. C.W.O. Eric Stemmler, U.S. Coast Guard Academy. Walter Stampfl, U.S. Coast Guard Academy. Leigh Archibold, U.S. Coast Guard Academy. Greg Carabine, U.S. Coast Guard Academy. Ronald Foster, employee of Midland Fire Protection Company. Steven Shotteck, employee of Midland Fire Protection Company. Randall Draughn, employee of Midland Fire Protection Company. Joseph Strychasz, plaintiff. Sandra Collici, plaintiff. Joshua Strychasz, son of plaintiffs. Allison L. Wood, investigator. Victoria Worrell, Contract Specialist, Facilities Design and Construction Center, Atlantic Center. Wayne C. Webster, Project Manager for Roland Hall renovation facilities design and construction, Atlantic Center. Wanda Coresini, U.S. Coast Guard Academy. James Gerou, Einhorn Yaffee Prescott Architecture and Engineering.

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Peter Gravel, Einhorn Yaffee Prescott Architecture and Engineering. PLAINTIFFS' RESPONSE: §C2-4: Disagree ­ There was nothing improper or negligent in Joseph Strychasz removing tools from the cell area onto the track floor through the air vent. It was impractical and impossible to utilize the access ways in the staircases. Ronald DeFrancesco not only knew, but approved of the various trades persons utilizing the air vent to gain access way to the cell area. He had inspected the area of the cell and saw that large spools and folding chairs were being utilized to access the track floor from the cell areas. The injuries sustained by Joseph Strychasz were not caused by the negligence or carelessness of the plaintiff. It was the negligence of the defendants in directing Mr. Strychasz to work in the specified cell area when they knew or should have known that the transite panel on the floor of the cell area was not weight bearing and it was reasonably foreseeable that the plaintiff or others similarly situated would be caused to walk over the transite panel. The defendant, Ronald

DeFrancesco, failed to inspect the work area as he as required to ensure a safe work place environment for the various contractors. Ronald DeFrancesco, as Superintendent and Safety Officer of the defendant, Maron, knew that the ventilation holes in the floor of the cell area had been replaced by the transite roofing boards, which were incapable of holding an adult person's weight. 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. As Safety Officer, he failed to provide for a safe entrance and exit to the cell area from the gymnasium floor, when he

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knew that Midland's four employees were required to work in the cell area in the vicinity of these unsafe coverings on the ventilation holes. As Safety Officer, Mr. DeFrancesco knew that during the demolition that Midland employees, and other subcontractor employees, used these openings in the gymnasium floor to enter and exit the cell area, requiring them to stand on transite coverings. As Safety Officer, he failed to make periodic safety inspections of the jobsite everyday as required under the contract and safety plan submitted by Maron. As Safety Officer, Mr. DeFrancesco failed, during his inspections of work areas, to observe areas of all subcontractors