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

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EXHIBIT C
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Case 2:03-cv-01555-SRB Document 171-5 Filed O4/24/2006 Page1 0f4

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f October 31, 2005, ‘
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.. Matthew D. Kleifdeld, Esq. ·
· Kunz Plitt Hyland Demong & Kleitield
. 3833 North Central Avenue, Suite 1500
Phoenix, Arizona 85012 — 1902 `
Re: Sapiro v, Sunstoue Hotel Investors . . .
Dear M12 Kleiiield;
I have reviewed all ofthe documents provided by your law firm that have 1 `
1 been forwarded to me as of Oct 23, 2005. Additionally, I conducted a site `
\ p inspection of the San Marcos property located in Chandler, Arizona on the .
I date ofApril 21, 2005, The primary purpose ofthe site inspection was to
j ascertain features ofthe physical plant that could not be determined as a
` result of not having a set of blueprints that were "eompletel and that p
E revealed all aspects of the building's mechanical systems. · i
. _ Based on areview of all provided documents; an inspection ofthe physical _
‘ ‘l plant; a review of pertinent industry literature; and drawing from my
, ` personal experience that includes 25 years of operating and managing `
p multiple building operating systems; and 15 years as an educator of future _
U hospitality managers, I have arrived at the following opinions: - _
O ‘ OPINION I _ ‘ .
p 1. THE "STANDARD OF CARE" CITED BY THE`PLA'[NTIFF IN · `
_ THEIR "DEMAND FOR A JURY TRIAL" DATED AUGUST 11, I “
‘ . 20 03 MAY BE APIPROPLXTE FOR HEALTHCARE BUILDINGS, ` ‘
Q BUT IS NOT TI-IIE STANDARD OF CARE THAT IS APPLIED T0 ‘
, PROTECTING GUEST WHO ARE CUSTOMERS OF THE
I _ ' · HOSPITALITY LODGING INDUSTRY. - . -
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r A. consensus exist amongst healthcare professionals that elevated levels of
Legionella bacteria are considered a greater risk factor for the human
Q respiratory system than would he the ease when such levels exist at lower
` levels of concentration. Legionella bacteria exist in most water systems, and
i ; _ is found to he more prevalent when the water temperature is held constant
l j between the range of [77 -1US) degrees Fah1’¤¤]1ei1; `
; Hospitality lodging domestic hot water systems are provided primarily for `
; the purpose cfhathingwithin the confines of the guest room environment.
' ' The lodging industry standard for this system is a temperature of 110 — 120
l degrees Fahrenheit at the point of use. Water temperatures that are higher
I than the industry standard present a substantial risk of scalding. The
I customers at greatest risk of scalding are infants under 5 years of age and
i senior citizens. Severe scalding which occurs at temperatures ab ove the
t g ‘ range of 140 degrees Fahrenheit is a clear and present risk for lodging guest. i
[ g 3 Although blending valves are often installed within the domestic hot water
{ systems to prevent or mitigate this risk, the pr0perty's management must be
; constantly vigilant and alert to the risk of guest scolding.
$ The presence of Legionella bacteria can be substantially eliminated hy two
separate methods. The domestic water temperature can be periodically
§ elevated to a minimum temperature of 150 degrees Ealirenheit, and after ·
E ‘ maintaining this temperature for :-1 period of time, the system must be flushed
. at every source. The "real—world“ experience is one of being highly ‘-
E disruptive to the guest - within the guestroom envimmnent - as well as
i ’ - putting the guest at risihc of scolding should they attempt to bathe while the -‘
procedure is in progress. Even when a property's management attempts to
scheduled such procedures during "off-hours", it must he aclcnowledgedthat
lodging properties operate 24/7 and for 365 days per year. There is never a »
good opportunity to conduct such an exercise that does not present a lcnown ‘
- _ substantial risk to all stakeholders. .
· _ The second method that can be considered, and is sometimes reoomn1ended_ _ ·
3 to heicarried outjcintly with super-heating, is to super-ehlorin ate the
t domestic hotwater system. Although the risk of scalding is not a factor
._ during super-chlorination, it stiil requires flushing the system extensively at
- — each point ofuse, and is highly disruptive to the normal delivery of guest .
services. Both processes are highly labor intensive and furthermore present _
· ~ arisk tc `both guest and equipment · Such practices are typically resisted by `
; ‘ i the customers cfs lodging property, and are viewed as intrusive to the .
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l l Case 2103-cv-01555-395 DOCU-m M ___ ‘?________________ __
tp? _ - Gm 171 -5 Fnled 04/24/2066 ""` @—é·6¤—··————-——---

· "Legionnaires Disease: Seeking Effective ?I'EVC‘JJ'lliOI1" ASEIRAE n
Journal. (.Tan.,l 997) American Society of Heating Renigeration and `
Air Conditioning Engineers, Atlanta., Ga. i
• "Microbiological Contamination in Buildings Precautions During
o Remediation Aetivities" The Fungal Ecology of Indoor Environments,
. 1995 American industrial Hygiene Asso ce., Fairfax, Va.
. * Holiday Inn Corporation — Property Operations Maintenance Manual '
(POM} r
• Srmstone Hotels Engineering Standard Operating Pro cednres (SUNST
437] Legionnaires Disease.
¤· Reviewed blueprint ofthe Sn Marcos propertyls mechanical systems
- _ • "Legionnaires Disease - Unusual Cases“. (4f*l/2005) www.q— .
neLaufLegion/Legiormaires Disease_Disease_UnnsL1al_C . . . i
Submitted by: `Proi Kenneth L.'I`eeters 4 i
University of Nevada, Las Vegas _
William F. Hanan College nfl-Intel Adnrinisirati on l
_ 4505 Maryland Parkway South
Las Vegas, Nevada 391546021
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Document 171-5

Filed 04/24/2006

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