Exhibit Index- Defendants' Supplemental Statement Of Facts In Support Of Their Reply To Their Motion For Summary Judgment, Defendants' Reply To Plaintiff,s' Response To Defendants' Separate Statement Of Facts, And Defendants' Response To Plaintiffs' Counter-
Statement Of Facts
Exhibit A Exhibit B Exhibit C Exhibit D
I)cposition transcript of Kenneth I,. Teeters, taken December 29, 2005 Deposition transcript of Matthew Frc·jc, Vol. II, taken September 16, 2005
Expert Report of Professor Teeters
I)eposition transcript of Robert Mars, taken September 23, 2004
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 1 of 56
EXHIBIT A
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 2 of 56
Page
KENNETH I,. TEETERS
I)ecember 29,
2005
1
IN THE UNITED STATES DISTRICT COURT
IN THE DISTRICT COURT OF ARIZONA
2
3
PHOENIX DIVISION
4
MARVIN SAPIRO, GLORIA SAPIRO,
and
his wife,
5
Plaintiffs,
6
Case No.
CIV 03
1555
PHX SRB
7
8
SUNSTONE HOTEL INVESTORS,
L.L.C.,
9
SUNSTONE HOTEL
INVESTORS,
L.P.,
Defendants.
i0
/
12
13
DEPOSITION OF KENNETH L.
TEETERS
14
Taken on Thursday,
15
December 29,
a.m.
2005
at
16
at
17
9:59
777 North Rainbow Boulevard
Suite 350
18
Las Vegas,
19
2O
Nevada
21 22
23
24
Reporte6 by:
Gina J.
Mendez,
CCR No.
787
ESQUIRE I)EPOSITION SERVICES (702) 699 5455 3900 S. Paradise Road, Suite 156 has Vegas, Nevada
FAX: (702) 699-7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 3 of 56
Page 10
KENNETH L. TEF.TERS
December 29, 2005
try to make ourselves aware of to what degree it's
2
3
significant in our day to day operation.
And that's
just basically true as it relates to cooling tower
areas.
4
5
6
Q.
Let me break that up a
little bit.
When is,
as
far as your memory goes,
is the first time that you
7
remember hearing about Legionnaires'
disease in
8
9
i0
connection with anything to do with hotel
A.
operations?
1976
Probably in the time frame between
and 1980,
which was the first time that national notoriety.
Q.
And so
I think it received
ii
12
13
and by that national
notoriety you're
referring to,
I think there was a case back in
14
Philadelphia in the,
that
like,
1976/197"7 time frame, is
15 16
17
is that what you're referring to?
I am referring to the Bellevue Stratford
property, which I think is where the label for
18 29
2O
Legionel]a came into place.
Q.
And after
and that was an incident actually
correct?
where a number of people actua]ly passed away,
A.
21 22
I believe seven was the number.
And after that time, how long thereafter did that
Q.
23
become an issue that you,
working Xn the hotel
industry,
24
25
at least had to deal with it or had to have some
familiarity with it?
I{SQUIRt{ I)I{POSI'FION SI{RVICt{S (702) 699 5455 I.as Vegas, Nevada 3900 S. Paradise Read, Suim 156
I;AX: (702) 699 7!33
(866) 462-2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 4 of 56
Page
Kt{NNETH I..
TEETERS
December 29, 2{)05
]
A.
To be
truthful,
it's never been an issue.
And
2
it's one of those things that kind of approaches on the
radar screen. there that,
as
3
4
You realize it's something new that's out
an
issue with hospitality,
But
we need to
5
think about it.
I don't ever reca]l
it becoming an
6
7
issue that really filtered its way down to the
facilities department to where we put together active
8
9 I0
programs other than cooling towers.
Q.
Okay.
You say other than cooling towers.
So I'm
going to separate the cooling towers for a minute
because I'm going to come back to it.
2.2 13
A.
Okay.
In the ]ate
'70s,
Q.
this
is the time frame that you
for Holiday Inn,
14
would have been working at the
correct?
15 16
17
Late
'70s
to
1983,
correct?
A.
Late
'70s,
I would have
and just before that,
Las Vegas
I was a water chemist engineer for the l{:i]ton,
18
Hilton here in Las Vegas.
Q.
Well,
and just because of the time period, ask the question now.
Was
and I
20
assume,
and I will
there ever
2!
22
any issue or anything written thai: you can recall within
your own company operating guidelines for the Las Vegas
Hilton in the time period 1969
to
23
1977
that would have
24
25
in any way related to Legionnaires'
disease?
A.
None.
ESQUIRE DEPOSITION SERVICI{S (702) 699 5455 Las Vegas, Nevada 3900 S. Paradise Road, Suite 156
I·AX: (702) 6997133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 5 of 56
KI{NNt{TH I.. TEETI{RS
Page 22 December 29, 2005
remember?
2
3
A.
1995.
As a matter of
fact,
it was my first case
in
And it was King County,
Washington,
the Seattle
4 5
area.
And it was a case that involved a guest being
scalded in a hotel while taking a shower.
6
Q.
And that
and which side did you testify on
7
8 9
behalf of in that case?
A.
On the plaintiff.
And without getting,
not the specific opinions
Q.
but
i0
the general
subject matter of your opinions were
you know,
what were you asked
ii
12
what?
Were you talking
to opine about
A.
in that case?
13
14
1_5
Specific issue was whether or not too much energy
had been incorporated into the domestic water system.
And as managers and operators of lodging properties,
it's our job to be able to anticipate the impact of,
16
17
like,
scalding water coming out of a shower head and to
it doesn't happen.
Which in this case,
1.8 19
2O
make sure that
the property did not.
Q.
A.
What others cases have gone to trial? That's the only one that's actually gone to
21
22
trial.
Q.
And the other
23
I know in your report,
you say
24
25
you testified for both facilities or hotels as well as
plaintiffs during the course of your cases;
is that
ESQUIRE DEPOSITION St{RVICES (702) 699-5455 Las Vegas, Nevada 3900 S. Paradise Road, Suite 156
I;AX:
(702) 699-7133 (866) 462-.2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 6 of 56
KI{NNtYI'H
I..
TEI{TI{RS
Page 32 Decernber 29, 2005
about
2
facility management and design course and the time
that you spend talking or teaching your students about
3
4
the preparation of written operation manuals.
Is that
something that
belief
what
is your
what
:is your teach:ing
5
6
7
8
in that regard,
is
it something you say that
for maintenance
facilities should have a written manual
procedures?
A.
Textbooks are typically written about every five
We acknowledged
9
i0
years.
academia
in the industry that
meaning
it's
that by the time you write a text,
ll
12
]3
]4
typically obsolete.
The last
two iterations of the textbook that
I
currently use have made reference
have made reference to the
going back to 1992,
importance of testing
fo·
15
]6
]7
Legionella in your cooling towers.
Q.
And what texts are those that make those
references?
A.
].8 ]9
The text that
Institute.
use is actually published by
it
Educational
is
the author of
it
is a
2O
2]
professor who teaches facility management at
Cornel]
University.
And his name is StJpanuk.
I
think it's
22
referenced in my
my list of
it's in
if you'll
if you don't
Q.
24
25
It's in
mind,
sir,
taking a look at page II, which is where you
And if you
listed the hospitality/lodging textbooks.
ESQUIRI{ DEPOSITION SERVICES (702) 699-5455 3900 S. Paradise Road, Suile !56 Las Vegas, Nevada
FAX: (702) 699 7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 7 of 56
KENNF;I'!t I.. TEI';TERS
Page 33 December 29, 2005
could just
2
identify for me off that
]ist
which ones that
you believe reference that there should be testing for
Legionella in cooling towers?
A.
3
4 5
Okay.
It would be the Hospital:ity Facility
second edition,
Management and Design,
2002,
American institute.
6
7
8
Hotel/Motel Association,
Q.
which is Educational
And do any of these others,
as far as textbooks
now,
I know that you've
you've got articles
that
9
i0
referenced here.
Are there any other textbooks
reference Legionella testing that you're aware of?
11
12
A.
The most
comprehensive text used in academia to
teach hotel
administration is the one listed directly
13 2.4
15 16
above the management and maintenance of the engineering
systems in the hospitality industry.
the most recent edition of
And I've looked at
that,
which is
1997,
fourth
edition,
makes no reference to a Legionella bacteria in
1 ]
any regard,
including cooling towers.
This text is one that
28
]9
It's very comprehensive.
if you were going to teach facility managers,
use that text.
you would
2O
21
Q.
Is there
is there any reference there to work
and these are words the safety and security
22
23
that needs to be done for the that
I think you used earlier
24
of the guests
in connection with using the domestic
25
water supply at a hotel?
(702) 699-5455
3900 S. Paradise Road, Suite 156
ESQUIRE I)EPONITI(]N SERVICES Las Vegas, Nevada
FAX: (702) 699 7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 8 of 56
Page 7
KENNETtt L. TEI·.'I·RS
December 29, 2005
if that was your answer,
2
3
then stand by it,
and we'll go
from there.
I asked,
as
far as in this Sunstone manual,
4
Legionnaires'
correct?
disease
is specifically mentioned,
6
A.
Correct.
7
Q.
And,
in fact,
there are some other pages within
8
9
the Sunstone manual that Legionnaires'
disease is is mentioned,
mentioned,
isn't that
or Legionnaires'
i0
ii
correct?
A.
Q.
Correct.
I've got some of them,
I'].]
12
1.3
show them to you.
A.
Okay.
And my specific question is,
14
15 26
Q.
other than the
Sunstone manual
that you have looked at as part of your
have you ever seen a specific
assignment in this case,
17
]8
reference to Legionnaires'
disease or inspection for
Legionella bacteria or anything of that nature in any
other hotel engineering manual?
A_
19
2O
I have not.
And when you referenced,
21 22
Q.
is there any specific
reason for
identifying page 437 in your report as
Resources Used
23
being
to Form
it's under the general heading,
24
25
My Opinions.
And I'm starting on page ii of
your report.
Is there any reason that you specJfica]]y
(702) 699-5455
3900 S. Paradise Road, Suite 156
ESQUIRt{ Dh;POSITION SERVICES I.as Vegas, Nevada
FAX: (702) 699 7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 9 of 56
Page "12
KENNI{Ttt L. Tt{ETERS
December 29, 2005
identified this page?
2
3
A.
My reason for identifying it was the fact that it
suggests a very thorough understanding of the fact that
in today's world,
4
Legionnaires'
disease is
something
it
5
6
7
that properties are aware of,
and especially as
relates to cooling towers.
It typically is incorporated
into their water treatment contract.
Q.
8 9 I0
ii
Now,
looking at exhibit,
or
excuse me,
page
437
in the second page of Plaintiffs'
have any information,
one
Exhibit
2.
Do you
way or the other,
as to any of
the nine things that are referenced on that page have
12
13
been performed by Sunstone at the San Marcos Hotel prior
to February of 2003?
14
15
The question is:
one way or
Do you have any information,
the other,
whether any of this
stuff was
16
actually done?
A.
17
18
19
I have no information that would indicate that
it
was or was not done.
Q.
Would you agree that
from
first of all,
2O
engineers change from hotels,
change hotels all the time,
A.
correct,
engineer jobs
21
22
correct?
They do.
And it would be typical that an engineer,
I mean,
so
23
Q.
24
25
I think you changed jobs three times in 20 years,
that was pretty good longevity for one position,
would
ESQUIRE DEPOSITION SERVICES (702) 699 5455 I.as Vegas, Nevada 3900 S. Paradise Road, Suim 156
FAX: (702) 699 7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 10 of 56
KENNETIt I..
TI';I{TERS
Page 95 December 29, 2005
BY MR.
2
DAVIS:
And then how are you go]ng to become aware that
Q.
3
4
you have some issue of colonization within your domestic
water
supply?
5
A.
Probably feedback from somebody.
That would be a
6
reported statistic like you in this public health
document that would give you some indication that that experience a person had at your property was
7
8
9 10
12 12
different than you norma]ly would expect and,
therefore,
would create some kind of detriment to the public at
large.
Q.
What about test:ing the water?
Let me back up there
13
24
15
since that's kind of an open
question.
The domestic water supply at a hotel we'll talk about
in fact,
16
27
specifically the San Marcos Hotel
that water can be tested for the presence of Legionei!]a
18 19
2O
21
bacteria,
A.
correct?
That's correct. And is
Q.
it your testimony that
the water at the should
domestic water supply at the San Marcos Hotel
never have been
22
23
tested at
any time?
that
A.
Standard expectation with the industry is
24
you would test it if you thought you had a problem.
Q.
25
That's not what I asked,
though.
I
said:
Should
I{SQUIRE DI{POSITION SERVICES (702) 699 5455 Las Vegas, Nevada 3900 S. Paradise Road, Suim 156
FAX: (702) 699 7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 11 of 56
Page 96
KI{NNETtI I.. "I'!{I{TF.RS
December 29, 2005
it have been tested,
2
3
4
or
should it not have been tested,
period?
A. It should not have been tested unless you had a
to believe
you had a problem.
do
5
6
And when you described earlier risk factors,
you know how old the building was at the San Marcos?
MR. MR. KLEIFIELD:
DAVIS:
7
8 9 I0
ii
Which building,
Steve?
Fair enough.
That's fair. do you know how
The hotel
facility itself!,
And I'll
old
how old it was?
acknowledge that I
think there are
there are at least two buildings I'm
12
23
MR.
KLEIFIELD:
There are actually three
14
15 26
buildings that were built at three different points in
MR. DAVIS:
()kay.
Fair enough.
And thank
17
28 19
2O
you for that information.
BY MR.
Q.
DAVIS:
Do you have
information as to how old any of
those three buildings are?
A.
21 22
23
My recollection,
it went
reading the information,
was
that
through a whole expansion of renovation
'50s
process that probably led from somet:ime in the
the
'80s.
to
24
25
So over a period of about
was
30 years.
Q.
And did you know the hotel
originally opened
(702) 699 5a55
3900 S. Paradise Road, Suite 156
F.SQUIRI{
DI{POSrI'ION SI{RVICES
I.as Vegas, Nevada
FAX: (702) 699 7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 12 of 56
KENNETH L.
TEf';TI{RS
Page I25 December 29, 2005
you'd have to reinvent the wheel.
And lawyers from time to time might
As hard as
1 2
into
Q.
otherwise,
Understand.
3
4
use a document
from another case.
that
is to
believe.
And so I'm not saying there's anything wrong with that.
5
6
I'm only saying that
asking,
though,
Exhibit
as
far as
7
8
you know this is what Sunstone Hotels,
Sunstone Hotels
6,
what
had generated and produced?
9 20
ii
A.
It's my understanding this
is how they operate
their company.
Q.
And do you have any information as to what other
12
]3
hotels or hotel chains may have used these particular
standard operating procedures?
A.
14
Nothing other than when I look at something like
it's generic to
the work request or maintenance request,
]6
the industry.
So everybody out
there uses something
17
]8
very similar. many ways.
Q.
I mean,
you can only put it together so
19 2o
21 22
23
Sure.
(Whereupon,
was marked
Plaintiffs'
for
Exhibit No.
7
identification.)
BY MR.
Q.
DAVIS:
I'll show you what I've marked as Plaintiffs
7,
which is a document Bates stamped Sunstone
Also a part of this general
24
Exhibit
420
25
to 422.
Sunstone
(702) 699-5455
3900 S. Paradise RoM, Suite i56
ESQUIRE I)EI·OSITION SERVICES I,as Vegas, Nevada
FAX: (702) 699 7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 13 of 56
KENNETtI L. TEETF, RS
Page 126 December 29, 2005
1 2
standard operating procedure produced in this
lawsuit.
I'll ask you to first take a look at that
document,
it.
and I'm going to ask you some questions about
3
4
5
6
A.
Q.
me when
(Witness reading document.)
And,
Mr.
Teeters,
when you're finished,
just
te]]
7
8
you're ready to discuss it,
and I'll
start
asking the questions.
A.
9
]0
Okay. Okay.
I'm ready.
Q.
Did you get this document as part of the
that were provided to you
Ii
materials that was provided
12
in this case?
A.
13
]4
I believe I
did.
Q.
A.
And did you review this?
i
15
]6
]7
did.
Q.
there's
And do you see on the second page,
in the middle,
excuse
something called Legionnaires'
disease testing"?
testing
18
19
me,
"Legionnaires'
Do you see that?
2o
21
A
Q
I
do.
And do you see,
it
says,
"frequency,
quarterly'·?
22
23
A
Q
I do.
Did you have an understanding of what
specific
24
25
testing,
inspection,
review,
assessments,
or other
recurring requirement that Sunstone had written in its
F, SQUIRE I)EPOSITION SERVI(.'ES (702) 699 5455 Las Vegas, Nevada 3900 S. Paradise Road, Suite I56
FAX: (702) 699 7133 (866) 462-2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 14 of 56
KENNETH
i,.
TEETERS
Page 127 December 29, 2005
standard operating procedures as to Legionnaires'
2
disease testing?
A.
3
4
I'm not sure I understand your question.
What were they supposed to do? That's a lot more
Q.
5
simple way of asking it.
A.
The reference,
as
6
I
see
it here,
would
7
8
specifically apply to cooling towers.
Q.
Well,
and what documents do you have that would
9 I0
reflect that,
A.
sir?
the problem of Legionnafres'
In general,
disease
is one of getting either entrained into the indoor air
12
quality as a result of going through the make up air
from the
13
]4
]5
outside;
otherwise,
we're
talking about a plume getting
coming off the tower,
going into the building,
entrained into the air distribution system and may get
16
]7
circulated to an area like a conference room,
a
public
28 19 20
Because of that critical
nature of
it,
we want to
make sure that that plume coming off that tower has been
treated,
meaning the water being treated,
and it does
21 22
23
not contain aerosolized Legionella bacteria.
Q.
Where is that written anywhere
in Sunstone's
standard operating procedures?
24
25
A.
·i
don't know that
it's written,
specifically,
in
Sunstone's procedures,
but that is commonly understood
(702) 699 5455
3900 S. Paradise R·)ad, Suite 156
ESQUIRI{ I)EPOSITION SI{RVICI{S
Las Vegas, Nevada
FAX: (702) 699-7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 15 of 56
Page 158
Kt{NNI';'I'H L, TEETERS
December 29, 2005
1 2
A.
Uh-huh.
Q.
does he
referenced in your materials.
or how does
What
frequency
3
4
he describe what testing shou]d
be for Legionella bacter:[a
A.
in domestic water systems?
5
None.
Cooling towers only.
If
6
Q.
In page 3 you wrote:
the customer had asked
7
8
for a standard of care that was not
consistent with
the management of
hospitality lodging property norms,
9
l0
the San Marcos property could have advised a potential
guest that they do not routinely monitor bacteria counts
at their property other than meeting the normal
II
12
requirements of the applicable regulatory departments
13 1.4
15
and/or agencies.
What applicable regulatory departments
and/or
agencies
A.
are you referring to
there?
26
17
Well,
if we were talking about something that was
local
a health we would
department,
health department
standard,
18 19
2o
probably respond to that.
I'm just asking what specific applicable
Q.
No.
regulatory departments or agencies had any either
21
jurisdiction,
authority,
or
guidance for the domestic
as of February
22
23
water system at the San Marcos Hotel
2003?
24
25
A.
Q.
As it relates to Legionella,
there are none. but
i
I wasn't limiting lit to just Legionel!a,
(702) 699 5455
3900 S. Paradise Road, Suite i56
t{SQUIRf{ DEPOSITION St:·RVICt{S I.as Vegas, Nevada
FAX: (702) 699.7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 16 of 56
Page 159
KENNETH I..
TI·.I{TI{RS
December 29, 2005
appreciate you answering it that way.
2
3
4
What about
what other requirements were there?
A·
have
Well,
basically,
there are none.
You know,
we
potabi!Jty is determined by the municipal
Water quality,
5
6
organization that delivers your water.
as
it relates
are
to
the issues of taste and stuff like
7
8
that,
controlled by softening the water on property.
from
But
the standpoint to say does anybody come
9
I0
test your water?
Nobody,
anytime,
ever.
Q.
Going further back.
top of page 5,
On page b of your report,
As an
11
12
]3
you
you write:
industry
professional,
I know of no property within the lodging
industry that routinely samples their domestic water
system for Legionella bacteria unless they have spec:·fic
:reason to believe
14
that there
is a known risk factor that risk for colonization.
16
]7
exceeds the industry normal
Do you see A.
that,
sir?
18 19
2O
I do.
And then you indicate you called industry
Q.
professionals at several lodging properties.
Who did you call,
A.
21 22
23
sir?
Okay.
And I did follow up on that as recently as
]it's
yesterday.
probably fair to say that if you call
the
24
them as a member of
legal profession,
But the answer is,
they're not
25
going to talk to you.
locally,
ESQUIRt{ I)EPOSITION SERVICI{S (702) 699 5455 I.as Vegas, Nevada 3900 S. Paradise Road, Suite 156
FAX: (702) 699 7133 (866) 462. 2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 17 of 56
Page 160
KENNI·;I'H I., TEETERS
December 29, 2005
1 2
Harrah's Entertainment
Q.
A.
Harrah's?
Mm-hmm.
3
4 5
6
Caesar's Palace,
I'm not
Arizona Char]ie's.
What
familiar with Arizona Charlie's.
is
that,
A.
a hotel?
7
8
Uh huh.
It's up on Decatur.
Two more,
Nevada Palace.
let me think of them
9 I0
Ii
here.
Nevada Palace.
I ca]]ed University Medical
Center,
which is a
That was
hospital,
yesterday.
Q.
A.
and they said absolutely,
they test.
12
13
14
15
The University Medical
Las Vegas,
Center here
a
in Las Vegas?
uh huh.
]it's
teaching hospital.
Q.
And is that associated with the University of
26
27
]8
Nevada Las Vegas?
A. Yes.
]t
is a teaching hospital
for the
University of Nevada Las Vegas.
Q.
A. we're
19
2o
And they do test their water?
They do test.
Frequency, every six months.
And
21
talking domestic water, not coolXng towers.
But again,
I
called at;
leas[
22
23
eight properties,
not
a
single property proactively tested domestic water
plans to change.
And I even asked
I also called the Clark
24
or had
(702) 699-5455
3900 S. Paradise Road, Suite 156
ESQUIRE DEPOSITION SERVICES Las Vegas, Nevada
FAX: (702) 699·7133 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
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Page 18 of 56
KENNt{TH I,. TI{ETt{RS
Page 19 December 29, 2005
1 2
3
MS.
REPORTER:
DAVIS:
Objection
MR.
I objected to form.
Very
quietly.
BY MR.
Q.
4 5
KLEIFIELD:
If we take a look at Exhibit No.
2,
which
6
7
Sunstone 436
and 437.
437 has
the
and by the way,
this is excerpted from the same manual that 421 and 422
came from.
437 has
8 9 I0
Ii
a Legionnaires'
disease list with
nine items.
Do you see
that?
A.
I do.
12
13
14
Q.
And,
in fact,
it references a test on this
Have water treatment
sheet,
correct?
Specifica]ly:
supplier
perform litmus dip cell tests as recommended.
Do you see that?
16 1.7 18 19
2o
A.
Yes.
Under the Legionnaires'
disease category,
it does?
Q_
A.
And that deals with cooling towers? That deals with cooling towers.
Is
Q.
there anywhere else that
they suggest that any
21 22
23
other testing,
using the word "testing," should be
performed on Sunstone 437 or 438?
MR.
DAVIS:
Object: to the form.
24
25
BY MR.
Q.
KLEIFIELD
I'm sorry
436
or 437.
(702) 69%5455
3900 S. Paradise Road, Suite 156
ESQUIRE DI{POSITION SI{RVICES
has
Vegas, Nevada
FAX: (702) 699 7133 (866) 462-2785
Case 2:03-cv-01555-SRB
Document 166-2
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Page 19 of 56
Page I92
KENNI{Ttt
L.
TEETI{RS
December 29, 2005
THE WITNESS:
2
3
There's none that
I
see.
MR.
BY MR.
Q.
DAVIS:
Object to form.
KLEIFIELD:
4 5
Now,
in terms of looking at 43"],
the second page of Exhibit 2,
which is
there are nine
Exhibit 2,
6
7
bullet points.
Do you see that?
8
9 I0
ii
A.
Q.
A.
I do.
Number 1 deals with cooling towers.
It does.
True?
Q.
A.
Number 2 deals wlith cooling towers.
It does.
True?
12
13
Q.
A.
Number 4 deals with cooling towers.
It does.
True?
15 16
Q.
Number 5 deals with cooling towers. That's correct.
Number 7 deals with coo[ling towers.
True?
A.
Q.
18 19
2O
True?
A.
That's correct. Number 8 deals with cooling towers and air
True?
Q.
conditioning components.
That's correct.
21
22
23
Number 9 deals with sump basins
towers.
in cooling
True?
There could be exceptions to that
24
A.
25
Q.
Okay.
(702) 699-5455
3900 S. Paradise Road, Suite 156
ESQUIRE Dt{POSITION SERVICES I.as Vegas, Nevada
FAX: (702) 699.7133 (866) ·62 2785
Case 2:03-cv-01555-SRB
Document 166-2
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Page 20 of 56
Kt{NNt{TH
L. TEI{TERS
Page 193 December 29, 2005
And the reason is that the temperature range goes
2
3
up to
or
130.
Cooling towers,
typically,
do not go over 95
i00.
4
Q.
In the instance of any of these references
the cooling towers were not
were
5
dealing with cooling towers,
utilized in February of 2003 at the San Marcos,
7
8
they?
MR.
DAVIS:
Object to the form of the
9 I0
11
question.
THE WITNESS:
not have been a part of
That's correct.
They would
the operating system at that
12
13
time for temperature reasons.
MR.
KLE[FIELD:
That's all
I have.
Mr.
14
15
16
Davis may have some more.
MR.
DAVIS:
A couple of
follow-ups.
17
EXAMINATION
18 1.9
2O
BY MR.
Q.
DAVIS:
You were just asked some questions
about the
cooling towers.
And you said that cooling towers were
21
not used in February of 2003?
A.
22
23
That's correct.
Q.
Did you check the weather in Chandler,
Arizona,
24
25
in February of 2003?
A.
I checked
I
checked a historical document
ESQUIRE Dt';POSITION SERVICES Las Vegas, Nevada 390(] S. Paradise Road, Suite 156
(702) 699 5455
FAX: (702) 699-7 i33 (866) 462 2785
Case 2:03-cv-01555-SRB
Document 166-2
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Page 21 of 56
KENNETH I.. "I'P;ETt·RS
Page 19'1 December 29, 2005
CERTIFICATE OF REPORTER
1
2
STATE OF NEVADA
3
COUNTY OF CLARK
4 5
I,
Public,
Gina J.
Mendez,
State
a
duly commissioned Notary
do hereby
Clark County,
That I
of Nevada,
certify:
7
8 9
reported the taking of the
KENNETH L.
TEETERS,
200b,
at
deposition of the witness,
commencing on Thursday,
9:59
December 29,
a.m.;
20
That prior to being examined,
the witness was That
£
II
]2
by me duly sworn to testify to the truth.
thereafter transcribed my said shorthand notes
into
./
13
14
typewriting and that the typewritten transcript of said deposition is a complete,
true and accurate
15 16
17
transcription of said shorthand notes.
I further certify that I am not a re]ative or
employee of an attorney or counsel of any of the
18
19
2O
parties,
counsel
nor a
relative or employee of an attorney or
nor"
involved in said action,
a person
financially interested in the action.
IN WITNESS WHEREOF,
I have hereunto set my
State
21 22
23
hand in my office in the County of Clark,
of
Nevada,
this 16th day of January,
2006.
24
25
Gina J.
Mendez,
CCR No.
787
(702) 699 5455
3900 S. Paradise Road, SuRe 156
ESQUIRE I)I{POSITION SERVICES Las Vegas, Nevada
FAX: (702) 699 7133 (866) 462-2785
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 22 of 56
EXHIBIT B
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 23 of 56
()olobe·
31· 20C5,
Ku.n· Plitt Ilyland Demonff & Kleifield
3838 Nor*h Cen·al Avenue, Suite 1500 Phoenix, Ariztma 85012 19C,2
Re: Sapiro v. S'ams:one !toteI ·nvestoxs
Dear M.·, Kleifield:
I have reviewed all oft·m documen· prodded by you* law fMn t}·t have b·ca fbz·arded to me as of Oct 23, 2005. ·dition·ly, I conducted a site ·nspection of the San Marcos t=cpe·y ',ocafed in Chm:d!er, A·zona on the date of Apr{I 21, 2005. "Ile t·ima·w pu:pose of t·he ire inspection was to asce·n fhatures of the physical pla=· that eou',d not be de·e·ined as a resui· of not having a set ofbl·p·i:·s thai w·re "complete" ·d that reveaI· ·l m·ects of:he building's mee·acal systems.
Based on a ·eview of a·.l prowlded docuanents; an, inspection of ,'he physical plant; a review of pertinent indus·y I{terat·m; a· drawing ·om my personal eN·e·cnce that includes 25 years of operating and managing mul·ple bulling operating systems; ·.d 15 years as an educatnr of fatu·c hostility m·age:·, I have aari·d at the tbllowing opines:
OPINION 1. TIIE "STANDARD OF (.'ARE" CITED fig TI{E PLAINTIFF IN TIIEIR "DEMAN· FOR A JURY TRIAL" DATED AIJGUST 11, 2003 ..MAY HE APPROPIAI'E FOR t{EALTt·((2AI/.E BUILDINGS, ][IU'I" IS NOT TIIE STANDARD OF (.'ARE Tt{AT IS APPLIED TO PROTECTING GUEST WItO ARE CI;STOMERS OF THE
t[OSPITALI'FY L©D(·,IN(·. IN·DUSTRY.
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 24 of 56
located m C·n·r, Arizona h·d "duty" to m·ge ·¢ b ai]ding and ¢quiFm·t at a s·dar· that exceeds the norm· s·d ofc·e protocol p·'actic¢· by ·c lodging indus·y. Lodff·ng properties do not ·ro·de water sampling ofthe· domestic ·r sys·m ·mless they have a ·cific reason re beEeve ·at condi·ons wit]fin a spe·fic bu{Iding operating sysm·n karbofing some kno· ·bsance that would put ·:e· customers employees at ri· of cenaactmg a disease or condition th· they could p·e·tcd by engaff·ng in pzoa·[· tec·uKqu·s. It is common ·at bacteria ·d ·cm·,s a· contact at all i·vcls of life. ·t is impcssJb·c to isolate the [nd[vid·£ ·om tim bacteria [hat su·o·nds each of'· m o· daily li·ng, i.odgmg prope·ies are m·mged on khe baKs t!·t they a·e to all O·e g·n·ds and re·Iatow reqmremen· khat ·e conKdered "no:real ·t appropriate" by ofEai· man·es it relates to health s·itatio=,
At no fimc did t·c rxax·agement of the San Mzrcos ·t opmly ·epresent their "Srar.dard of (.'are" exceeded the norTr,·l i.cd·ng h:rlust·y s':andards. If the Plamtift's expected a standard of care that wm:[d have :net that healrhcare or c'r·fical..care industry, they s·heaId have so·:g·t--out diffe[ext accommoda'tions to meet their spec'·c and spe.ciaIizcd needs
·
Based on the domm'.e:·ts I have re%owed; the site inspection conducted on April 2 I, 2c05; discussion with th· property's rep·esen·tive; and
property met the lc d·ng indus·.y's s· ·aran f ca re
2,
TIlE "STANDAI·) OF CARE" CITED BY TtfE PLAINTII,'I"S AS A REASONABI,E EXPECTATION TtIAT SIIOULD APPLY TO AI,L PROPERTIES TtIAT ARE YIARKI·;TING TO SENIOR CITIZENS IS ;'V,(ISCONSTRL-ED, AND IMPLIES TIIAT ACCOMMODATrONS SIIOI/I·D IIE APPLIED WlTIIOUT REGARD TO A_·W COST--BENEFIT RELATIONSI[IP.
i'he hospit·ity indas·y is aware of t)·e need to pxovide acc·mmodation fbr sevc'ra! categories of major life activities The "Chafed States Department of 2ust·ce through the Am·icans with Disabilities Act (ADA) specifically requires £i places of F,·biic accommodations to meet t·e needs ofthei· customers as defined u.ader the T;xles I KI. "Fr, ese 'Standards of Care" are widely embraced by the hospitality lodging industry as good business
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
·
"·c PIa·ntiff has a11·ged that the m·mageme·t o·
S· Marcos
·
Page 25 of 56
aecb·o·ioa so that the needed services can he made a·a·lab[e if posmble, This process begins at Q:e ix;it ·m gue· m·es ·ese·vations, and :f for some remson a spemfic accommodatioa is not possible, it is uusk)ma· u· inform the guest at ·at time that ·e p;o·m·y c·not mee· a spcci·c :·eed t·t ·y be requited by the customer
2&e recozd re·ects that no special request fo· accommodations were part o£ the business trm:s·dou ·mtween M·n Sap{re and the S·n ·rcos a spec{a· accommodation mentioned prope·y, At no t·me wins the need beS·e, drying, or a·e· the Piaindffwas a ·Faest at the prepe·ty. [f the custome· had ask for a "S·=d·d of C·e" dat ·as not consistent wz0· hospitality Iodgmg p·opcxty zmnns, the managcmeat of the S· M·'cos prop·Iy could ·ve Wised t·e poten·al guest ·at they do not r·mtinely mon/to· bac·na c·ts at their ·rop·ty otk· ·an meeting the n·xmN ·eq·remm·ts of the app',icabb re·atoxy d·tments an·of agencies. Co·re·pondh·giy the Dmst cmtd ]:ave :·sed their own judgment- or that of :hei· ·epre·nmtive as to wheJm· such Iodgjn· aeeo·:odadox·s were acceptable
It is {n·nu:tive tc ·:ote that the management ofS'ansto:m t[otel ·vestors was nat inib·ed for more th· 90 &ys after the a]!cged inchtea[ of a possible z·sk factor of elevated ievels of Legionella haetma the S· ·rcos herd ·mestic ·ater supply system. Upon Iea·ing ·roug·, sampling and measurema·t t·m·iq'·s that an abnmma!]y tiy·. level of bacteria &d ex£st, tim znanagemeat took clear and decisive action to mitigate the condition. Ihior to the tes·m·/s·pIing ev·t conducted by the property's authorized ag·, ·,e managem· had no valid remscn to s·spe·t that ·e San ·arcos prepe·y's ·mestic ·:er s'appIy was ·: abno·mi n· *Rctor {o ·y guest ef *he prepay
THERE ARE NO FEDERAL, STATE, LO(.'AI. OR LODGING INDUSTRY STANDARDS Tt{AT IDENTIt"IES TI IE MAXIMUM I,EVEI, OF CONCENTRATION TtIAT IS CONSIDERED SAFE FOR HU.'VIA_N EXPOSURE TO
LEGI(]NELI.A !]A C'IERI.,t
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
·
·
Page 26 of 56
·als that e!ewated levels of A. consensns exist amongst imaltheare professio fac·r fbr the h,·an a Le·oneI·a bac:·a ·e considered·e·:ater ·isk such le·s ·zs. at Iow· case when resp·atory system th· wou·d be exist in most water system.s, levels of concen·at·nn. Legionella ba·ia ·s found be more Ine·e· w·:· the water te·nperat'·c is D.eld 5etwee· the range of (77 .-108) de·ees
are provided primarily for Hospitality lodging demestxc hot water systems guest ·oom e·ronme;·t d·c purpose ofba:·ng ·th·n tI·e co·fines of·.e is a tem·erat·c of 1 i0 The Ied·x·g indusuy s·n·d fi·r this system ·,a: F£·reM·cit at tke pemto fuse. Water mm?erat·es risk of scalding. ·ka· tim red,ashy s·d present a substaa·a·
·
·
of scaldmg ·e i·anrs ·r 5 ye·s ef age above tee Scv·e scaldmg wkic[· eeeurs at tempexat·es for ;odong guesL aud prescott ·ange of 140 donees ·reni·e·t is a ule· wit· ·e domestio h·t wa·e· Aithea· blending v·ves ·e oRen installed must sys·ms to prevext (?r mi·ga· ·his ·sk, the I:·ope·y's mav·gement constantly ·gilm*·t ·d aIe· to ·e risk of gqmst scalding.
casmm·s
at senior ·tizens_
Nearest
"INe prese:·ce of 7.egmnelIa bacteria can be subst·n'dally eliminated temperature can be i·anodicaily sep·a·c methods ·he domestic
(:ie·d to a mimm·
·m·erat·e of 150 cieg·ees FahreMieit, ·d afmr m·sI be m·nmini·g th·s ·c·nperat·re for a period oft·e, the system
at cvmy source.
·
INe ·'reM-·orld" aN)e·ieace is one ofbci;·g weli as ·s·up·ive ·e =·e guest wi·m th· guesXoom ·vironm·t put·ng the ·es· at risk ofsc·d·g should they attempt to bathe while attempts ·rocedm·e is m prowess. Even wken a ;·ope·s management must be ac·owledged ·ched·£ed such praced'·es d,mmg "ofI2·ours '', it ·s neve· a kM·ng prepc·ies operate 24/7 and for 365 days p· ye'ar. Tirade a known good oppo·tumty to con&let such exercise t· does net present subs·ntia! risk u> 11 s·eholders
mc'thtM that ca·: be considers:d, ·.nd Xs sometimt·s recommerMed ·o be ca·ed out ·omfiy with super.-haalm· ·et a factor domestic hot wa·r system. Althc·:· tke r· ·f sc·ding is d'·mg super--chlorktatio· stil', requires d¢Iive·y of ·est ·.ch point of use, and is Ngk!y ·s:nptive to the normal fur·ore present se·ces Bo· processes are ·iggly iabox {ntemsive andt·:,ica!iy ·esisled by bo· guest ·.d e¢·ipment. Suc·: practices ·e a rJ· as ·arusive m the the ·tome·s of a lodging p·opc·ty, ·d arc viewed
[he second
·
·
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
·
·e·ees
·
by ·o
·
·
Page 27 of 56
mut·mly samples thm· domest:c property ·in the lod·g ind·s· that ·my have reason to beIieve that ·a·r sys·mm for Let¢o·ella b·i· u·ess nc·m· f·r there :s a known risk ifctor that exceeds ·e indus· abo'at indust· prufesicna! and educar.or conceded several co;onizatmn. As indusky ·ofes·o·IS at trends m public sai·ty, I ·ve called oth· prope·y tha· is en?@g·d lodging prope·ies and l·ave not i·ntilied domegic ·t· system. "fh· reah· :s that as m the routine s·pIk:g of the routine sampling of of FeNua·y, 2003. the lodNng indus· had net acce>ted acted upon, because it ·s domes[it ·te· system as a st·d of care to be abno=mal risk factor Ibr ·eir guest not viewed by lodging industry as ·n
s·e
4. TttE t[EATING,
VENTILATION AND AIR CONDITIONIN(7 NOT IIAVE IIEEN (t:IVAC) COOLING TOWER SYSTEM COULD A POTENTIAL SOI;RCE OF 1,E(;-I()NELI.A BACTERIA AT I)(;RIN(; TIlE pERIOD "rite PLAINTIF I·' WAS A GIJEST
CIt.ANDI,ER, 'rIIE SAN MAI1COS Pt/()PF.RTY I,OCATED IN
ARIZONA.
of a property's There have bmm ir.st·mccs when the cooing tower eqt'.,ipme·t ·[VAC systc· ·s been established ·s the sm·ce of I.egio:mlla h·t·a "Itm sump-wamr confined wittHn the ·afines of a caoling ·wer typically h· an {·perating temperat·e r·g ·om 85 -95 donees conducive to the pro!if·a·aon and coloniz·mn nf I.euone!la bacte·a.
spedgc xisk ·s not {he presence of{he bacteria wi·in present d·m to the fact tkat tee eva·orarion process tMt is ·ower m a pmme the equipmem's me·a·fll', can be e·tted from O:e coe'Jng sys·m ·f aerosol·ed wa·er &ople· that may enter a h·an's respkaory mw· loca·mn and ·ey ·e m e,e gcme· p·oximity of·c HVAC cooli=g
eNmsed to the wala vapor bei·tg cmiIted from ·m eq·pment ope·a·mn.
a cem*'raiized The San iV.amos pmpe:ty in Chaz,xtler Axizona ·s eq·:ipped wttb. ",q',e system ·]TVAC system that includes such cooling tower components. incI'adas both hea·dng and cooling by n.ving wate>.source heat
condenser ·s ·sed to wo·de e·Foration the r·oves heat ·om tke Ioo;;. inn warm confined ·thh· the evaporative condenser is a closed condensez water loop system of refrigerant and does not ·2c· mix with tee
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
·
·
·
Page 28 of 56
·.oop system of refKg·uant an4 does r·ct rater- mi:· with the coP.denser water
prescott L'· Lke coo!rag towe·- s',·znp, Through t·s process the guest ·oom h·a: is extracted prow.cling thermal comfort wit!:i· th, e guest;oom elrlvlronrrie:it
A s'm:i'.ar process is also used to t·'·o·de heat [o the g·est room d·inl· the winter montEs when heat instead of coo!ing- is i·x·u:red ibr guest ·he·.aI comfit. To pro·de heat to the gaest room, ·e cooling tower evaporation cycle is a·ed offa·d heat horn a bo·ier acts Nxm ·m refzig·ant that ·s buixg circuited to th· hea· pumps located ·c ceiling of ·ach ·r·di·duM ·btes'xocm The heat is gcncra·d 5y a ·s-pack heating unit flzat is lccate:I ;:z the cookng tower ·ea. Tbc kent generated by burning nat·£ gas ·eats ·c refrigerant being c·rculated m the water sou:co kent pump w·khm the
transferred through, a vapo·.-comp·s·on cycle wh:ch in t·r. t·ar·s·)·s the heat tc t·e ·,·st room ·ea by a f· system. '1"he IIVAC cooling tower e·I',oration cyc:e is oI·ly ·sed d·rmg the season. D·ing the coo· months of the year November t·ough M·c· ceo·g tower f·s are [u·ed off Opara·g the f· system d·iag fi·te·val would be counter p:oduchve, as the e·poratio· cycle would he remo·r.g heat at the same time f!· g·-pack he·r is attempting t· p:o·de heat to the closed-loop water source heat·pump refiigerant Most systems have opc·ting controls thee do not petit sim'alta·eous opt=orion of both ·eati·g a· cooling modes. Bec·se thc monk· of I:ebr·y is denoted as a ·mating-·yXee day ·qu·remcat, the fan system wo·Id ·ave be· ·i:erative and no air movement or ph:mc woukt be ·mitted from tke HVAC cooling mwm, two o2·er [acto· also are notewo[&y ·:· te·ms orating- out HVAC cocIing tower as a po·dal som· of I.egm·e·la
yards from Lhc guest room area wttere Zb.c Plamtiffresided Az·y pinme that is being ervdtted #ore a coolk·g tower weuld un!ikely traveI suck a great dLs·r.ce without dissip·/r,g.
The guestrooms ·ave no ductwo·k t,·:at I·ovides outside a·2 (OSA) arxl it "weu!d therefore be ",'.·uaIly imp·ssible for Lef,,io::elia bacteria to be crttrai:·ed into the g',·es·oom's internal cizc·'.latoxy system
Case 2:03-cv-01555-SRB
Document 166-2
·
Filed 03/27/2006
Page 29 of 56
5
TIIE SUNSTONE ENGINEEI·NG ·NUAL'S 500) S·' TO LEGIONNAIRE'S DISUSE "S'I'·NDA· (SUNST ON A RECOMMENDS 'I't·T STOOGE TAN· BE D·INED A ·GI·AR BASIS. TI·; WO·ING "REGUI,·" I·LIES VARIABIL· OI? DI·ING FREQUEN(· BASED ON EQUIPMENT LOCAL AREA ()PERATING CONDITIONS AND TYPE. THERE I· NO EVIDENCE TI·T WOULD SUGGEST SAN "I'flAT TfIE ENGINEERING p·CTICES AT THE S(·NSTONE'S .·RCOS DID NOT MEET "I]tE ·NTENT OF CORPO·TE ENGLNEE·NG POLICIES WIIICH FOCUSED A SAVE ON PROTECTING ALL BUILDINt; OCCUYANTS LN
Ah· SECI;RE
REFERENCE
ENVIRONMENT
As an md'.·s·y p.-actitiozer with 2.5 years of ope·'afio·
mam·nce f· a'.l ot)·z·g systems. ·e ·mc mte·vai of how of·n
giwm ·a·; ·d tb.· spe·fic operational loads exp·ience· witt· a cf p,,--;¢, ftqr e Thc[e·bre, it is prudent to rccoF·zc ti·e ·n·ts a s·,c, an· withm:t a ba·7ound in systems op·a·ons t·as
·-
expc'r/ence [
b·t·r ·j·sp of'what is ·ant by dr·nir, g tanks o·l a "reguI·" bas·s, thmn ·m Ci·c'f En·.ccr wire ·s d·ly contact with Jm domestic ·ter sysmm nperat·o· ·d the ger.eIM p·flx·ance of tibet system. O·r sp·i·cation can create business ns· t}·at me.tease t..e cos· o. cimm·ng a Iodg[ng fac, L:y, ·d those cost ultimately must be paid by Ne c·mer, it is my opiNon ·hat the author of the S·stone ·=g·neezmg M·_nu· ·mons·d t}·u·mz[ the text oftl·e I';n·eering Manu· that was an ·pc·icnced L,·dust=y p·ofcssio·al,
f=eque·:· cfd·aming wate· sto·age ·nks b·se cf ·e reasons
s:a·d above
Att·chment (A)
·:;xpe·t Wit·ess Qt·a!·fications:
Case 2:03-cv-01555-SRB
Document 166-2
·
Filed 03/27/2006
Page 30 of 56
Ke, mneth !,.
Teeters St.
Assist. Professor
505
i.'·s
M·yI· Parkway Box 45602
Phoi·
Vegas, Nevada 89154--6021 (70)) 895.-4459
·:ax (702) 895 4872
e.-maii ·ee·rs[@m·lv.edtt Eclucafion and
Backg',sounrt:
(·-aduated Urfiv of Nevada, ;..as Vegas (1973) MJ3A Oraduated U::iv of Oklahoma (I 970) Bf.SHnter·scip:iaary U.S. Atomic E:tergy Commission tectu·ical ·a[ning (NevadaTest Special Student Umv ·fMaryla·d while on ac· duty US·: Teclmica[ School manning:
mecM·ca!/elect·ical2ay·auI·cs/c·oge·c and nuclear tectmo',oN·s United States Armed Forces Insutute MatMSclenct·Eysics
Currently s¢.·ve a member ufthe facuIty at "·J:fiversity of Nevada, Las Veg· College of]iota: A·i:fis·rafi(m My role :s one of taa·Nn·m·itor/ng the next gurle·tio·i ofm·agers Mlo ·e cmrently entering the pro·esstoe ofIIosp·tah·y M·t·ement. i have directly engzgeg in the t·a·g ef ·ve· 5000 students ·m·r/·g the z·anks of management ow:r the pus1 15 ·s. U·'LV College of 110tel Ad·mstxafion is ·e world's l·gest hosp/taEty manageme·t progr·n and curre·ly b·s an anrolbnent of approxm·ately 27C0 studeats. My axe· of emphasis is 9·e "Bmlt En·ronme::t" ·d includes tee 5uilding and a!l ·:ter·£ ·pmating systems
·
Fo'·mder anti Past Pr·:sifient of a profi:ssion',fl f'acfiities management associa·o·a: Nevada Profess.ior..a[ Eacii:ffes Managemma*, Association (NPI·).I p·.pos· of this 235 member association Js to enc·ge thek membership to up.de their knoMedge a=d ·![s to mee· ·e dy·n/c ch·gcs ·at occur wi·fn the ho·n·hW lodging/ndus·, and to (?·er ·est speake·s· wcIkskops; and s·ina·s for t·I
Employment tIistory:
(1994 Present)
Case 2:03-cv-01555-SRB
·
Document 166-2
Filed 03/27/2006
Page 31 of 56
research p·o·ts w·tk tee Ha·y Reid Ceater for En·zo=·en·I S·ndms, ·d ·he Howard HngEcs College of EngLneer·ng m a vancW of reseamh f::nded by tim US Dept. ofEner· ·d ·th ·e expressed ·ntent impra·ng bu·ldk·g tec·c·Iog·es and reducing the cost of ·.er· needed to s=ppo·t building op·ations.
P·fessoz of L·o_tel Mar4gercent at UNLV w·mze mstrac· a·l ·:udents that ·adnate w·th a BS d·gree m Hospitality A·ninis·t·cn. ·so engage
·
·
(1983- 1994)
Ditcher of Engineering }iarra2·'s Entertadn:nent !.as Vegas, Nevada My ·c',·,· incl'ad'.:d all aspects of ope·atio· ·d mamtena:me era la',ge ·mtel/casino complex, and tb, e I·cject En·ne·.nmg ot other new l·ospitaI:ty buildings ·der con.vtn:ct·on for ',his rapid!¥ ·ewing cc, mpany (N·w tF.e
World's largest he,el/casino company)
(19g0 1983)
C;Q·or_at¢_Di.s}r·_gt Eegi·er t[oliday Dm Corporat·oa )m. where ·r had the responsibility for I0 ca. West Coast prop·es for ·I ope·atim:s ·d maintenance ·:d the related cap{tal expel:dilute ·r n· B'Ni·ngs including ·he :·p[·ade of the existing buiklmgs.
(1977- 1983)
C.2p2e.·._Enginegv Hc!iday In:· Cente.r-S·ip at Las Vegas, Nevada. Myjc'c was to provide eng'·neering based kaowledge for tI·c hotc·2casino complex w·aich included !05 Engineering empk·yees, and to manage al': b'aL!ding systems for tt:·s o:m rrii!mn sq.'zare foot facility.
De·axtmeN
(1969- I977)
_,"·cmior Engineer Las Vegas ·[ilte.n I'[otcUCas'2no, wh,.c· at that tkme was the largest hotel complex oa the No·h Amer,;can cmx·,me·:t. My area of spe.mialty was operation and mak·tenaace of a'.l the tmilding's water arx[ keatkag equipment which included ·milers, chil]crs, cooling towers, swimming pools, :-akz systems, water softem·rs, domestic wat· systems, ·easc traps, !agoons, aad 1·eat exchar.gers and storage tar.ks for t·e domestic wNer systems.
9
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 32 of 56
(1·u63 1.969)
Serxor ';.'ech!·ical ·i·q'.·s· working for t·e Aezo-Jet-General Ne·a·N Nuclear Ro·et Devek·pmtmt S[a·on (NRDS) at Jackass Fiats, Nv. ·s a Test and Liaison Endnear I ·s responsible ·br bui·,d·ng; testing,; p·onnff:g post-mo·cm ·alysis ofnuclem·ea<{·r can·ol syslems were intead· tbr ·e control of nucle· matter engines rand space flight kard·re un·r development for f'atu·c ·e: pi·:e/ary sp·e
As a college pro·ssor a::d owner of my own cons'aIE::g so:vice, .* have sxppc·ed both plaintiffs aad defendants i:· seven cases over ·e ·ast fmu calm·d· ye·s. None of·he retErenved c·as proceeded tu trial and all a· ·)·e bes· of my ·owledge w·e subseqnee{[y sett'·ed ou· of court. All of t·c refi·r·mced cases involved tmsp·:al·y propczties ·:d wine opc·ons ·d ma{ntcn·ce related cases sach ms tke case {·fSapiro v. S'·:sto::e He:el
in·s·ors et
aI
Industry ProfessionaI Memberships:
Amec·c·m Society ·fHeat{ng, Rcf·gc·atio:. a·d Air CondiUo·ing Engine.s
Associat·ox:
Arnc·c· Energy i·n·e·s (AEE)
Ammicaa Fi,e ·otectic· Assoc·amon American Indoor AL" Q'aa!ity Assocmtion (A.·AQA)
,:·,·cr·mtm·a·
ac.l·,,es
Nevada Professiona! Facilities Managas Assoc·a·:on 0<:t,.c,e..,. and Past (·eratior·s ·bc·4sg..d.
·_
Ma·.age:s Assoc:a,qon (II;MA) I;endi*·g
(NPE.V.A)
Publicatiom·:
No recc·t pubEcations
Rate of Com;·en,·atior· far Expert Witness
Services:$28C,00
per
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 33 of 56
Resources ISsed ·o form my opinions on tke Case Sapiro v. S·nstone IIotei Investors, et aI,
IlosFitaISty Lodging Textbooks; Tr-aiaing .'V·a·iuaL· and Izdustry
Ar·fcles CoxLsulted:
Ed'·atio·! Insti'.n·e, Eas· Lab:sing, MI, autlmrs ·cgaeI H. Redlm and David M. St·p·N
Moral Assoc.
(198V·
Ep.er· m·d Wat· Reso·ce M·agement. (·988) Amp·h:an Hote· & Mote! ·soc. 2·d editiop· Educa·o·aI Institute, Eas· Lansing, M·
Author Robert E· Aulbach ·e M·agerne·t of ·p·ce and Engineering Systems in ?·spitaIfty I=dus·. (1997) 4t· ec·io·, John Wiley & Sons Authe· Frank 13. Borsen· ·nd ·an T. Stu[ts ttospitality F·fi{ties Ma·gement and Design, 2nd edition (2092). ·eican Hotel & Mote'. ·soc. ·ducat·on· institute, East I.ansir·L ML Au·:o: Da·d M. St/p·uk Amencxns w{th B·sabil·es ·t ·d the I,odging ·ndus·y, "Accorm=m·ting All Outs. th·blfsku·, American ![oteI & ·otel Assoc. (· 992), Author John P.S S·en AS!IRAE Guideline I2-2090, Mmimi·ng ·e ·2· of Legioneilos/s ·soci·ed with Bu£dmg Wat· Systems. American See[cry IIeatir·, Reffige·aScn and ·r Conditioning Engineers, !nc. (/SSN
1041-2336)
!tealthcare r=f·:tio:· Coai·o[ Practices Advisory Committee (2001) Cet·te: f
En·ronment. Dept
of t·alth,
"Im·oneIia Prewmtive Measures for Domestfc WaW: Systems." PM En·neer ·0V.1997), BusNess News lh·blfshing C·.
Case 2:03-cv-01555-SRB
Document 166-2
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"Le·om·aires I)isease. Soaking Effec·ve prevmmon' Jotuz·.al, (Jax·, 1997) ·ezican Soc:ety of i-tea·g Re·ige·atk)n a·x!
ReI.·cd·a,,,. Aca· s
·ca·
·at.·.s,·a.
.·c ·g· ·com· of indoor tIyNene ·soc., t;·fax,
Sumst·e Ho·!s En·ee:ing Stead (·erat·g ·ocedm'es 437) Le·onp·/re's Disea·. Reviewed blucpr·:t ofth· S· M·cos Woperty's meckanic£ "; -'; ·,xUSUalCasEs (4/'1·C05) ·q-Subm£,ted by: Profl Ker·eth L,'I'e,.:ters
sys,e..ks" "·
Univers';ty of Nevada, Las Vegms William F. ·-ra· Coilcg· of!tote[ Adminis·ation 4505 M·imnd Parkway South Las VegaA Nevada
Case 2:03-cv-01555-SRB
Document 166-2
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Case 2:03-cv-01555-SRB
Document 166-2
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Atto·ey: Matthew O,
·s Ve·a·,
N·v·d· B910·
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 37 of 56
C]·rk
County, N·v·d·
C·e @ A40653·
C·IIi·t·z &
R·ynold·
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
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Case 2:03-cv-01555-SRB
Document 166-2
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EXHIBIT C
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 40 of 56
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT COURT OF ARIZONA
MARVIN SAPIRO and GLORIA SAPIRO, his wife,
Plaintiffs,
VS.
No.
CIV03-1555 PHX SRB
SUNSTONE HOTELS INVESTORS, L.L.C.; SUNSTONE HOTEL INVESTORS, L.P.,
Defendants.
DEPOSITION OF MATTHEW R. San Clemente,
FREIJE
California
Friday, September 16, 2005
Volume 2
Reported by: LINDA M. UNGER CSR No. 11403
Job No.
631777
hsqt,ure I)eposltmn Services
949,440.7000
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 41 of 56
1
2
performed in connection with this matter, did you reach
a conclusion or opinion regarding the source,
the
3
4 5
location of the legionella which you believe that caused
Mr.
Sapiro's exposure while he stayed at the San Marcos?
A
I believe it was the domestic water
system.
6
7
It's possible that he could have been exposed from
contaminated aerosols from the cooling tower, but I did
8
not have cooling tower samples, and because the levels
were so
9
i0
high in the domestic water system, I think it
was more likely that he was exposed by the domestic
ii
water system.
Q
was
12
13
]4
You have no information or evidence that there
any level of legionella contamination in the cooling
do you?
towers on this property at any point in time,
15 16
A
I was never allowed to sample, or I never did
sample it.
Q
So my statement is correct that you have no
17
18 19
2O
such evidence that there's ever been a demonstrated
legionella contamination in the cooling tower?
A
Q
Or lack of,
either one.
21
22
With regard to the domestic water system, did
you reach a conclusion regarding the cause of the
legionella contamination in the domestic water system at
this property?
23
24
25
A
Well, when you say the cause, do you mean was
I63
Esquire Deposidon Services 949.440.7000
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 42 of 56
1
2
3
4
I,
the undersigned,
a Certified Shorthand
5
Reporter of the State of California,
certify:
do hereby
6
7
That the foregoing proceedings were taken
8
9
i0
before me at the time and place herein set forth;
that
any witnesses in the foregoing proceedings, prior to
testifying, were placed under oath;
that a verbatim
ii
12
record of the proceedings was made by me using machine
shorthand which was thereafter transcribed under my
13
14
direction;
further,
that the foregoing is an accurate
transcription thereof.
I
15 16
17
further certify that I am neither
nor a relative or
financially interested in the action
employee of any attorney of any of the parties.
IN WITNESS WHEREOF,
]8
]9
I have this date
subscribed my name.
2O
21 22
Dated:
23
24
25
LINDA M. UNGER CSR NO. 11403
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 43 of 56
EXHIBIT D
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 44 of 56
Robert Marts
September 23, 2004
0N·LD STATES D·S±R·,·
CO·RI
DISTRICT OF ARIiZONA
MARVIN SAPIRO and GLORIA SAP·R(),
his wife,
Plaintiffs,
VS.
C·V 03 ]555 PHX SRB
SU" NSTONE' HOTEL INVESTORS, SUNSTONE HOTEL INVESTORS,
·,.L.C.,
·.P.,
Defendant s.
DEPOSiFFIION OF ROBERT MARRS
PHOENIX, ARIZONA
September 23, 2004
3:04 p.m.
PREPAI),ED
FOR
TiiE
COURT
(ORIGINAL)
REPORTED BY:
DI
50375
Esquire Deposition Services
Phone
2415 E. Camelback Esplanade, Suite 700
(602) 749-I088
Phoenix, AZ 85016 Fax (602) 749-1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 45 of 56
Page 5
Robert Marts
September 23, 2D04
i
A
Y(}S
2
3
And do you have children?
Yes.
How marly children do you have?
]
have two.
6
7
Could you briefly give me your educational
background?
A
i
8
9
graduated from high schooii.
i
And upon getting out
Technical
of the Air Force,
attended Universal
institute
I []
for refrigeration and air cond·[tioning.
It's a trade school
here in the Valley.
12
13
]4
Q
It's called Universal
'?echnicali
insti'
A
And did you complete a course of study
15
Yes
at Un[versal Technical
Insti
!7
]8
What do they <:all
that?
Describe that to me.
19
20
A
it is.
C()'dr
Refrigeration,
air condit[oni:·g and heating is what
rt's a refrigeration, air conditioning arld heating
21 22
23
se
Q
And do you
when you complete the course of
study, do you receive a certificate, a degree?
What do you get?
24
25
A
It's
a
certificate of: completion.
E.,Nuire Deposition Services
Phone
2d!5 E. Camelback Esplanade, Suite 700
(602) 749-1088
Phncnix, AZ 85016 Fax (602) "·49-1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 46 of 56
Page 6
Robert Marts
September 23, 2004
]
Q
When did you obtain :hat certificate of: completion
Technical Institute?
2
from Universal
3
4
A
In January of i990.
And how long £s the course of study at Un:iversa]
Technicai
:Institute ghat you participated in?
6
7
A
Q
Nine months.
Is it nine months of full-time,
five-day-a-week
8
9
study?
A
Q
It's five days
And since 1990,
a week,
six hours a day.
i0
have you had any other formal
training in refrffgerating
12
13
i4
refrigerators,
air
conditfoning
A
]
anything technicai !5ke that?
have art_ended seminars puL on by dist_ributors,
manufact'dr(.'rs
of equipment.
5
i6
Q
You mentLoned something about: the Air b'oree. How long were you ]n the Aft Force,
and when did
17
18 19
you get. out of the Air Force?
A
i
was
:!n the Air Force from September 19th,
1985,
Lill March 31st 1989.
Q
And were you honorably discharged?
20
21
22
A
Yes.
And other than the seminars you mentione.d and the
Q
23
training you had at Un:iversa! Technical
formal traJnfng of arty kind?
Institute,
any other
24
25
A
NO.
Esquire Deposition Services
Phone
2415 E. Camclback Iksplanade, Suite 700
(602) 749-1088
Phoenix, AZ 85016 Fax (602) 749-1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 47 of 56
Page 7
Robert Marrs
September 23, 2004
Do you have any professional No.
Q
licenses?
2
3
4
Q
forward.
Take me,
then,
*._hrough your work histo
5
6
A A
]990
forward or afLer?
after you received the certificate of
Well,
7
8 9
i0
completion from Universal Technical
A
institute.
started
worked
prior to completing school,
working for an air conditioning oompany in West Phoeni x
called One Way Heating & Air Conditioning.
And
worked for
them for a year.
12
23
Upon
Properties,
then
worked
as
for a compar:y called CBS
and they
a mair:ter:ance
supervisor,
doing
alr conditioning
Q
What was work.
!6
A
Q
i8
(]kay.
Finish your question
your answer.
Excuse
me
19 20
A
Q
Doing air cond·.tioning work.
What was the time that you worked at CBS?
]t
A
22
would have been
'9·.
And then ]992,
ii
worked
for a company called Jaws Equipment in Mesa as a designated
23
HVAC technlclan.
And then
24
2S
Q
Just a second.
You used the inltia]s "IiVAC.
What do those initials mean Lo you?
Esquire Deposition Services
Phone (602) 749d088
2,415 E. Camelback
ILsplanadc, Suite 700
Phoenix, AZ 85016
Fax
(602) 749-1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 48 of 56
Page 8
Robert Marts
September 23, 2004
A
2
Heating,
And I
air condition;ing,
refrigeration.
Q
interrupted you.
You worked at Jaws
3
4
Equipment in ]992.
A
How long did you stay with that company?
I believe.
I was there ten months,
And take me on forward,
5
6
7
Q
please.
'92 at:
A
Then ] went to work for" Pointe Hilton in
Squaw Peak,
and i worked there till October of
'97.
8 9
]0 I]
And then
went to work at Pointoe Hilton at South
Mountai n.
worked there ti]! September of Then
[
'98.
went to work at the McCormick Ranch
·
Regal
McCormick Ranch it was at the time.
October of
And
worked there
12
]3
'98 till
Then
·
February of 2[]00.
]
went back to the Pointe Hilton at: Squaw
Peak, and
worked there till
October of 2002.
Then ]
wen<:
to the San Marcos
]6 ]7 ]8
Sheraton San Marcos at the time.
Q
What was the general
nature of your duties at these
varies posi·iions, described for me?
at these various companies you
}usi.
]9
A
·,.
wo'dld depend on the
as a
my ear'i ier work
20
2]
experience
was
technician, as an a:lr cond:itionir'·g
technician mainly.
22
23
My main focus was air conditlor:ing,
conditioning,
Q
ton
iee machines,
residential
refrigeration type work.
24
And t_hen with the hotels,
starting at the Pointe
25
Esquire Deposition Services
Phone
2415 E. Camelback tksplanade, Suite 700
(602) 74%1088
Phoenix, AZ 85016 Eax (602) 749-1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 49 of 56
Page 9
Robert Marrs
September 23, 2004
A
Starting with the Pointe Hilton,
it was as an air
i
2
3
conditioning technician.
Wr!thir: about two years,
was
promoted to a superwisor and then promoted to an assistant
director, which is a management position.
5
6
7
Q
And that_ was,
believe,
'96.
toek notes down that you were at the Poip.te
Hilton from '92 to Pointe Hilton,
'97.
went
And so sometime in ·996,
at the
8 9 10
you
A
i
wer:t into management,
yeah.
]t
it would have
been,
I bei:ieve,
i
duly t·me frame of '96 I was promoted to promoted to a superviser,
i
management,
was
would say,
12
13
early
Q
Hi
9.5.
Ar:d were you a supervisor
at_
the other PoJnte
ton thai: you worked at as well?
15
A
i
was
in management.
]
was
assistant director.
16
And ther: what abeu*,: when you went ·o McCormick Ranch?
17
18 !9 20
A
i
was the
chief engineer.
What_ do
you do as a chief ena,:ineer?
A
was
responsible for malntaining the faei lity.
was there any common
arty
21 22
23
And then yot· went back
ownership between Poir:te Hilton arld McCormick Ranch
rei atri onshi p?
24
25
A
No. Because iI
know you said you went back,
Q
then,
te
ILsquire I)eposition Services
Phone
2415 E. Camelback Esplanade, Suite 700
(602) 749-1088
Phoenix, AZ 85016 Fax (602) 749 1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 50 of 56
Robert Marrs
Page I0 September 23, 2004
Poir'·te Hilton.
2
3
4
A
Yes.
And why did that° come about?
A
They asked
who was
me to come back.
Th(.·y had a person who
And the genera]
5
6
had left,
the director position.
manager approached me on returnfng to work for t:he property.
Q
And how is :it ·hat you came to work at the Sheraton
8 9
San Marcos?
A
Just a iifes·:y]<· change that
wanted to make.
i
l0
wanted to do a little !ess working and spend more t[me with
my young kids.
12
Q
So did you resign your
pos!t, ion
from the Pointie
tii!kon and applied for a position at the Sherator· San Marcos?
A
No.
i!ow did
thai: work?
!6
i i ke,
A
actually interviewed with them.
I thir·k,
a month's
·Phen !
gave
over
notice before
aet.ua]
ly went
18
tO...
Q
And what was
the formal
position that yo· were
20
2!
hired for at: the Sherator. Sat. Mattes?
A
i)irector of
eng! neeri ng.
go any further with questiorts about
in ar:y of the p·ior posit.ions that
ictus
22
23
Q
And before i:
the Sherator· San Ma.·cos,
24
25
you held, were you ever involur·t.ariiy !et go or
see
where you ioft because you wero fl red or terminated
tksquire Deposition Services
Phone
2415 I{. Camclback ILsplanade, Suite 700
Phoenix, A7· 85016
Fax
(602) 749-1088
(602) 749-1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 51 of 56
Page 11
Robert Marrs
September 23, 2004
A
No,
sir.
2
3
4
Q
by anyone?
All of: your
a] i
of your
departures were your own personal
A
decisions to leave?
6
7
8
Hold on unt[i my question,
not to talk over each other.
and i'll
we']]
try
Now when you became director of eng:ineering at the
Sheraton San Marcos,
first of all,
do you know the name of
9
l0
the entity that actually emp[oyed you
the legal
entity?
A
At_
San Marcos?
sir.
12
13
/
Q
Yes,
Yes.
A
Q
·4 ·5
16
]7
What was that name?
A
Q
Sunstone Hoteis.
And do you know anything beyond Sunstone Hotels?
23ecause as you may or may not know,
there's a
18
]9
number of different names that_
SunsLone iIotels has
different companies that operate under its
20
A
Q
]
wouldn't be familiar with those.
the entirety of your
21
And what was your
22
23
24
employment with Sunstone Hotels?
A
Q
itt was October of
2002 ti!l March of this year
2004?
2004
25
A
Esquire I)eposition Services
Phone (602) 749-1(]88
2415 E. Camelbaek Esplanade, Suite 700
Phoenix, AZ 85016 Fax (602) 74%1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 52 of 56
Page 63
Robert Marts
September 23, 2004
about how you would do your job?
iI
mater/al
2
A
befSeve I was given a job description of the
as far as ability
3
requirements for the posit_ion,
technical ability required.
you know,
4
b
But as far as written instructions on how to
maintain equipment,
no.
6
7
Q
And was there any kind of a manual
at the San
8 9 I0
11
Marcos that gave,
you know, guidance as to any aspect of your
job
there?
whether or rlot you referred to it or not,
just was it
A
Yeah,
there was.
I found it probably after i'd
worked there about six months.
13
Q
Arld did it have any spec:ifications reiative to
boilers or anything like that?
]5
A
Not that i
recall,
it was
very vague.
What was the
16
17
Q
name of
How would you identify that document?
that document?
it was
18 19 20
A
in a big white b:lnder.
]t
·.
don't even recall
the name of it.
was
kind of a cookie-cutter type.
Q
Who wrote that,
i
if you know?
21 22
23
A
Q
have no idea.
Were you aware of there ever being arty other
instances of Legione]la bacteria exposure at the San Marcos
Hotel
24
25
in the history of the San Marcos Hotel?
A
NO.
Esquire Deposition Services
Phone (602) 74%1088
2415 E. (Lamelback Esplanade, Suite 700
Phoenix, AZ 85016 Fax (602) 749-1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 53 of 56
Robert Marts
Page 64 September 23, 2004
Did you ever hear about: anything like that?
Q
2
3
4
No.
What about any other hotels that you worked for
did you ever have any people that you ]earned said they
5
6
7
got
contracted ilegionnaire's d£sease as a result of
staying at the property that you had responsibility for?
A
Q
No.
8 9 10
And other than the
think you said you had a
seminar in which there was some discussion about
Legionella
A
12
13
lit was a
Q
bacter£a;
it
is that correct?
A
wasn't
a seminar.
!t was a
a
phor:e
24
25
16
conversaEion between myself and the corporate director of
engineering for Hilton, who was my former boss.
And he
lust
advised me to make sure
:
had my
2"I
18
boilers up above 121
degrees.
Q
And this was while you worked for Hii·on?
A
20
This was while
worked for Hilton.
That was in
2001
Q
And that's
21
22
23
A
Q
That's ali
he said.
But that's your only exposure to any
24
25
A
Q
Yeah.
direction regarding i·eqione//a bac
Esquire Deposition Services
Phone
2115 E. Camelback Esplanade, Suite 700
(602) 74%1088
Phoenix, AZ 85016 Fax (602) 74%1089
Case 2:03-cv-01555-SRB
Document 166-2
Filed 03/27/2006
Page 54 of 56
Robert Marrs
Page 65 September 23, 2004
Correct
during your career?
Correct.
The only other knowledge had of
and where it
A
2
3
4
Legionella would have
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