Exhibit Index
Defendants' Motion in Limine No. 8 Regarding Sudbeck v. Sunstone llotel Properties, Inc., CIV04-1535 PHX JWS
Exhibit A Iixhibit B Exhibit (2
Sapiro Amended Complaint I)eposition transcript of Gary Stougaard, taken April 15, 2005 Deposition transcript of Matthew Freije, taken September 19, 2005
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 1 of 28
EXHIBIT A
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 2 of 28
OPY
INTIfti LN.I:'2) SIAIt:S DISIRI(.I COURT iN "i'Itti DISTRICT COURT Ot: ,"d·.IZONA
PH()t'2NIX DIVISION
MARVIN SAPIRO and GI,ORIA SAPIRO, his w!·e,
Plamtit·,
VS.
CASE NO. (;IV 03 I555PtIXSRB
AMENDED COMPI.A!NT DEMAND t:OR
JURYTRIAI,
·N Sb· S2ONEtIOIt:LIN V ttSIORS. L. SUNSTONE HOTEl, INVtiSTORS, I,.P.
I)efBndant.
INTRODU(2TION
!.
!n February 2002, after having beer,, reduced to stay a· the defendant's
fotur star resort, the Sheraton S·.m. Marcos Gob Resor· and (.enferencc Center
(·e S·
M·cos"), One San Marcos Pl., Chmqdler, Arizona portrayed by the defendant as a safb,
clear:, ·d luxurious reset:
the plaintif·'Ma·ir'. Sapiro contracted a severe case of
himself or enjoy his
Case 2:03-cv-01555-SRB
·
senior c·fizen into
almos· cornpiete!y incapacitated patient unable to
Document 164-2
Filed 03/27/2006
Page 3 of 28
mpsc(· inLo a coma: :.c
ms[
por.x).:s
o·hls
towearaduk
himself or walk at ail fbr two morz[hs and walks now wi·: difficuky Mr Sapiro
round the clock care either by heakh c·e prof)ssiermls or by his wifb. fie is artabic to
taste
fbod lest his up,cute, ·x] has severe musc!e atrophy IIe spent fSur weeks
a
m
intensive c·ne during
five-week hospimiization, ·(t ffmn spent five weeks in a nurslrtg
home. tie has required blood trE·sf·nsions, catheterization, tracheotomy, dialysis, ·d
suf'f)rs lh)m neurok)gicai problems and hallucinations.
PARTIES
·
3.
PIaintif1·, M·nwin and Gmna Supra)
rcsidert·s
gttests at the S·m Mturcos ! [()te! operated artd]or owned by the defend·mts, Sunstorm lore[
Investors,
I.I,C ·d
Sanstone t[oml Investors, I,.P. (hereafter refhrred to co!iectively as
Sat.stone )
4.
According to its wehsite, def'endm·t Sunstonc Hotel Investors, LLC, lists
62 hotels properties, including ff·e S· Marcos, as "o· propeaies," with its principN
place of business in Ca!iR·rn/a located a· 903 Ca!le Am·ecer, Suite i00, S· Clemente,
CA. "l'kese ho·e! properties include mid-priced
to
luxury hoteis irt 22 states,
the western United States, and it maintains over ·6,700 guest rooms that it
public. Defend;mr S·mstone Hotel Investors, I,P. is listed as the
owner of
Marcos
on the tit:e insm-ancc
fbr the prope·y.
5
In addkion ·o the San Marco< Suns:one includes the fbl!owing ho·eis
properties
on its website:
·:or·g
:is
AMiiND[[D COMPI,A!N'!'
D!iMAND
AND Case 2:03-cv-01555-SRB Document 164-2 ;'OR ;URY
TRIAL
Filed 03/27/2006
Page 4 of 28
2
Hoiiday kn Harbor View, Sat: Diego, CaiiSo·r:ia. (The !iarbcrVicw
accomrr:odatior:s as "A great cor:ccpt fbr ci:y locations, diffbrent views, depezding on which room you arc smyir:g
eonver·iendy iecated in the hea· o·'downtowr: with fhn things such as
ttorton P·aza, Gasiamp district, shops,
resta·ants and not f·r
Coronado Island ar:d Baiboa Park. If'a centra! location meets your
specitications, this tIoliday Irm has your n·m on i·.");
Holiday Inn, W·k of F·:e, Hollywood, Califbrnia (o·Ibrs AARP
rates);
Hawthorne Suites L·d., Anaheim, Cali·bmia (ol·krs handicap
aceessibi!ity as one of its speda· ·hamres);
Radisson, ()xn·d, Ca!iff)rnm (o·rs %enior bre·s," a speciai senior
citizen ra·e);
Porthmd
Marriot% City Cenmr, Pm-ti·d, Oregon (oFfers a M·riot·
senior discount for persons 62 years of age or older ·d promotes its accommodations as a location that "ailows guests to easily s·ple
·e
pulse og beau·Pal Po·d");
University P·k M·r!ott, S·t L·e City Center, Ut& (offers
a
D%trriott senior discount {b· persons 62 years of age o· olde· and
promotes its accommodations as providing
::a retreat
·ike setting
your nex:
vacation");
Case 2:03-cv-01555-SRB AND Document 164-2 AMENDED COMPLAINT DEMAND FOR JURY TRIAL
Filed 03/27/2006
Page 5 of 28
Skera:on
Sah i·E·e Chy Con:mr, ·k·ah (offe:s a Settlers 60 year
as
·a:e, AARP :a'.cs,
Retired Persons
wee as a s·esia· C·uada To·a! Lff· Membership
accornmedations as providing
ra·e ·nd promotes hs
[o
arnenhzes attractive
access
seniors, inch:drag a "roll
m shower, wheelchair
bathroom");
IIoliday Inn Itotel & Suites, Price, Ut·ff· (of·%rs AARP membership
ra·es);
Ogden Marriott, Ogden, Ut& (of'[%rs "Values fbr Senior Travelers,"
senior discount "if you're 62 years or older, now you c· save
at
a
least
15 percent en your
teem
rate at mere [hat
2,000 Marriott hotels
worldwide Marriott Senior Discount is available weekdays or
weekends, seven days
a
week");
P·mk City Marriot% Ogden, Uteh (o{'fl:rs the "Marriott Senior
Disco·mt" fbr seniors 62 years or okbr and promotes its
accommodations as "ideally located mile f}om
downtown");
·
Holiday Inn & Suites, Old Town, San Diego, Califbrnia (o·Ters
AARP membership rate);
·
Sacrarnen[o Hilton (]m·dcn,
Sacrmnert[o, Califbrnia (offers
AARP
discoun0;
Nape Va!!ey M·riott Herd & Spa, N'apa va!!ey,
Ca[i{brma
M·riett Senior Discount rate fbr peopb age 52 ·d above);
Fot· Points by Sheraton, SiNertkome, Colorado (offbrs a Senior
Discount rate anti promotes itself as being near "five outstm:ding golf'
AMEN!)ED COMPLA.rNT AND Case 2:03-cv-01555-SRB Document DEMANI) w'A ·oRY TRIAL
·
164-2
Filed 03/27/2006
Page 6 of 28
Riverside M.a·r!ot L Riverside, CalL'bmia (o!]i·rs a Marriott Semo:
Discou£l· ra·e fbr people age 62 and
Radisson Eng·cwood, Englcwood, New Jersey (off:ers a Senior Breaks
rate
and promotes i·seifas bcmg "ten rninutes fh)m the excitement
New York Ci[y");
W·dham (}recnspo·nte, Iouston, Texas, ·he "AARP members arc
·
eligible
to receive
up
[o
o·, rack
ra·..,
noting that
"AARP is
nation's leading organization fbr people over 50");
Embassy Suites, I.os Angeles North, Califbrnia (offbrs m· AARP
·.,·.,,,.y
S
Renton,
W,.s',"·,;-.-.o·.·..·',
(of!ors
an
AARP membership
rate and promotes itself as hayer g 226 beautlfuhy appointed guc&
rooms, 25 of which are suftes");
·
tIilton G·den Inn, I,·e Oswego, Oregon
(offbrs
AARP
membership discount);
Pueblo M·riot·, Pueolo, Co
rate [br people age
orat.o
(offers a Mar,.ot· Senfor I)iscount
62); W. Rockester M·rio[t, ·echester, Mirmcsota
and promotes its arner:·Ues as mcludir:g a so!·ium, indoor poo., sau.,a,
m·d whirlpoo0;
AMENDED COMPLAINT AND Case 2:03-cv-01555-SRB Document 164-2
DIiMAND:'()tJoR· IX·A:,
Filed 03/27/2006
5 Page 7 of 28
w
Rochester i.ro'.iday [nr:, iZochcs:er, Minr:esota
mcr::bcrship ra:c and promotes hs
accomrnoda[ions as "in ff:e heart
05
Rochester's commcrci· and cui[:·ai cer:·eN' wi[h "i70 newly remodeled guest
rooms
x
reoms
with r:or>srr:oking arid handic·!pped accessible
available");
Residence Inn, ()xn·d, Oxn·d, Califbrnia (o·'fbrs a Marriott Scnior
Discotmt fbr people 62 ·d above and promotes ltsclf as "combimng
a!l the cornfbr·s of home whh the conveniences of a resort
a·osphcrc");
y. tIoliday Inn, Mission V·Icy Stadium, S· Diego, Califf)rnia (offbrs
at:
AARP mernbcrship ra·c ·d p·idcs itself as
winner by the San Diego Conver·th)n
z.
200i Finest Service Award
Bureau);
AARP
to
·
IIoliday Inn Select, I.a Mirada, Ca!ifbrnia (of'fbrs
rnembership ratc ·md prornotes itself as "centrally located
Los
Angeles, Orange County and Sou·ern C·ifbrnia's rn·y leading
businesses ·d cnte·unment attractions including DisneyI·d Resort
·d Kno·t's Berry F·rn");
as. Radisson
Fort Magn·dcr, Willi·nsb,·g, Virginia (of·rs
a "Senior
BreWs" rate ·d promotes itself" as "kno· fbr fts superior service ·d
luxurious
accornmoda·!ons:" having "s·ately d(mor," "quiet g·den
re.cats," and '·beau·ifhily appointed foetus");
bb. Cowty·d by M·rfo·t, S·ta Fe, New Mexico (oflets a M·rlott
Senior Discount fbr people 62 and older).
AMENDED COMPLAINT Document 164-2 Case 2:03-cv-01555-SRB AND DEMAND FOR JUiZY TiZIA!,
Filed 03/27/2006
6 Page 8 of 28
5.
As the
owner arid!or
o!·e:ato· era large numbe· of Furpo:[cd!y iuxu:ious
hotci properties, Suns[one know and should huvc known ffta[ it has a duty to rn£n·in
customers. Tim[ duty included at obligation to assure that its hotels' air condit!onir:g,
pimnbing, and water-cooling systems
are maintained
cost
in a manner that will keep them
f?om d·gerous legion·ella bacteria The
of such maintenance is minima!
p·icularly when contrasted with the severe damage that such bacteria cause
6
Instead, Sunstone breached its duty to its guests and customers
at
the San
Marcos
resort. [t
poorly maintained the Ihcilities at tha· resort such that legion·ella
bacteria were permitmd to thrive and create a volatile and d·mgerous situation fbr the
guests staying at the resort. That breach of duty by Sunstone led to Mr. Sapiro's serieus
i!!ness and incapacitation ·md caused extcnsiw: damages to both Mr. wife.
JURISi)ICT1ON
Sap·ro ·md to his
7.
Plaintiffs are citizens of the State of Florida; defendant Sunstone Hotel
]investors LI,C is a iimited
liability corporation incorporated under t·e laws of the State of
Delaware having its principal place of business in a State; and defendant Sunstone IIotel
!nves.·ors LP is a De!aware !imited ·armership "t'he rna:ter in cont-,ew.:rsy exce.':ds
$75,000, exclusive oi'interest and costs, giving khis Court jurisdiction pursuant to 28
U S.(I § 1?32 (Divmsity of Citizenship)
AMI!N!)ED (7()M!·LAIN'F AND Case 2:03-cv-01555-SRB Document i)i(MANi) FOR J·.JRY
164-2
Filed 03/27/2006
7 Page 9 of 28
VENUE
8
A suost}m.·m! pan of t.he even:s
o:- orn:ssmns
giving ns·
·o t,·s c,a
·391
t"ACTUAI, AI,I,EGATIONS
As detailed below, Marvin Sapiro had
a
fhll, active business and socia/li!h
befbre he suffered the debilitating impact of Legionnaire% Disease In this lawsuit, the
Sapicos seek compensation for ·he devmstatmg impact ·his has caused them.
The Sapiros' Visit To The San
[0
fh)m their
·arcos Resort
to
In February 2003, Marvin and Gloria Sapim traveled
Chandb% A·izona
home m Beca Raton, Horida On rebrt ary 6, 2003, they checked into the San
M·u
1.
pa>ng guests of" Om Sgm M·cos, M·vin ·d Gloria were invitees of
Whib at the San Minces, Maim Sapiro, a 77 year old tbrmer successihl
business o·er ·d at ·e time an entreprcneu% evaluated a number of invesunent
·
opport·ities in
·e Pheenix area.
Mr. Sapiro is
a sh·ehelder in
Arizona cornpm·y,
S&M Desert Pizza, Inc.
fhll and active prof·ssionM m·d personal M%, tie was actively engaged in his work, had
wide circle of business associates and ucrsonal friends, m:d traveled otlen fbr both business lind pbas·e.
13
;, Wmle·eywereattheSmqMa·cos, Mmw:n and Olor:a Sap·ro spent about
twelve hours in thmr room, relaxing, watching tebvisior: and reading. M}·vin ate
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 10 of 28
·
occurred in this judicial district, confb:ring venue on this Cour· pursuant to 28 US.C
a
in the· room, they did
a
"FEe Sapires checked
2003 and retched ·o Omit home
On February ·2, 2003, Marvin Sap!to b,;gan experiencing ·uqike syrnntoms, body aches coughing, ant ·kdgue.
16.
I5.
On Februa-y 14, 2003, aider resting a day, Mr. Sapiru consulted with his
physicim· and complained ofa
lbvcr as (·ovc ·'omc, ·d he stayed ·n
Mr. Sapfro !as! control of his bladder whib slccpin·, and, when he a·vokc, he was
disoriented.
i7.
fever of 103
8.
°.
By Saturday, February i5· Mr. Sauiru
In the early morning hours of'Sunday, February 16, 003, Gloria Sap·ro fou.nd her husband on the !1oar completeiy disoriented. Mr. Sapiro was rUshed to the emergency room, placed on oxygen and ·-hen admitted in·o the Delray MedicM Center
9.
DUring the next two days fn 5m hospital, Mr Sapiro's condition Worsened.
symptoms.
tfe
haliucinated: was disoriented, and suf}brcd t·orn other significant
20
Mr. Sapiro was inifiNly diagnosed with havfrtg contracted "co·rzunfty
onse[
acquired pneumonia." The rapid
"bacteria process" as the cause of·his condhh)n.
Case 2:03-cv-01555-SRB AMENDED COMPLAINT AND
·
breakfast each day
*>
*.
c· )t o·
iieve
t}
Onset Of Svm-·toms And
"I'tz·
cou· and a general ill fheling.
,e,.
Mr Sapiro developed a
tbr the remainder at'the d ·y. I)urmg that day,
<)st
his appetite and
developed a
of the symptoms also made his doctors suspect
a
Document 164-2
Filed 03/27/2006
Page 11 of 28
2l
At 3:00 am. or: Wed::esday, F'ebtuary '.9, 2003,
.'v[:.
Sapiro
was
respiratory and c·-diac dis:ross. He was moved :o the intensive Care Ur:it ("ICU") and
p'·accd
on a
ccspirat· a·id '.apscd into a &ug-induced coma.
Medicai tests, including a spinal tap ar:d u:ina·ysis,
con[ratted
22.
·mn cor·firmcd ·ha·
Mr. Sapiro had
Legiormairc's Disease.
tIos])ital
23.
Stay
Mr. Sapiro remained
m a coma ·br i)ur weeks
I)urmg J·at ·ime, he
s·vivcd on a respkator ·d was ·hd intravenously. [Ie dcveioped kidney problems and
:equired specialized renai treatmenCs that ultimately required him to ,·:dergo da·ysis.
24.
Over 8m next fhw days, Mr. Sapiro dev<:loped problems on his
a
ri· side
and su·'f%red
miid stroke He appeared on d:e verge o·dying several times, causing
great }roguish to his witi· (}ioria.
25.
On March 23, 2003, M·vm was ·anstkzvcd out of ICU arid began
a
slow
·d p£n·hl recovery. On M·ch 27, 2003, he was ·r·sthrred from
rehabilitation [hciiity in Boca
·e hospital to a
Raton, I"londa called Hea·I·d Rehabilitation (]enter
("Ite·tl·d").
26.
When he was
·rs· admitted into He·tlmzd, Mr. Sapiro could not walk ms a
o· ·herapy }·qd trca·_ent, his
result of" J·c e[!·cts of :he dise·se After rmmy hours
p·aiys·s began to aba·e m·d he was abie ·o begin :o Iean to waik
ag·n
albeit wid·
assistance or a waIker Nevendmless, Mr Sapiro remained in poor conditior:, confined
bed ·br
·ong period· of" ·ime, much we·eaed by the disease, unable co con:tel his
·e robust healez he enjoyed
excretory ·knctions, ·d generaliy deteriorated from
staying at the San M·cos.
AMENDIii) COMPLAINT Case 2:03-cv-01555-SRB AND Document 164-2 DEND\ND FOR ·"{]R v IRMA!,
Filed 03/27/2006
Page 12 of 28
I0
Sapiro was disch',·ged i-ore I,reartlam! a·,·d was able :ogc homo.
he·k,, care a:dcs and a whedchair s;:ouhz ne
dcszrc to
·o out of
·a: he will ever be able to ret·-n to any of ·:e activities he enjoyed beibre his
devastating disease.
29
condition.
Nlarvin Sapiro's I,ife
To dam, Mr. Sapiro has ir:c·ured
over
S6()(),()()()
m medical bills fi)r his
30.
3 !.
Marvin Sapiro was born in t·akirnore, Maryland on Ju!y 25, 1925.
In 1942, Mr. Sapiro enIisted in ·he United States Army tie fbu·ht in
i:r·mce on
Worm W· H and participated in the I).Day invasion at Normar·dy Beach,
J·m 6, 1944.
32.
Afler he left the Army (he received m· tlonorab[e I)iscb·ge), Mr. Sapiro
completed his educaUon :md received a degree in psychology from the University of
Virginia in 948. Marvin ·d Gloria Sapiro were rn·ied on September 5, 1948 in
Baltimore,
33.
M·l·d. Over the next sever: years,
Mr. Sapiro worked in his
they had three children together.
own business in
Michigan
[i)· [8 years ·ntil be
sokt it
m
i9v8.
3a
In 1978, Mr and Mrs. Sapire moved to Florida anti still maintained
a
home in ·,[ichigar,., where "vlr. Sapiro remained active in the equipmca· leasing business.
He also enjoyed pla·ng golf; cards, traveling and reading. He maintained this lifestyle
until
·e tragic events described above caused by his stay at the San Marcos resort.
AMI{NI)til) COMPLAINT AND Case 2:03-cv-01555-SRB Document 164-2 DEMAND b'OR JURY TRIAL
Filed 03/27/2006
Page 13 of 28
lived, with his
prothis,
and
has
always been completely dcpcndcm
rx)[
on ms parents fi)r ms
care ·xi welfare. I.cs..c
Sapko does
work ·md
·e Sapiros ·u·e primarily responsible
ibr his financial support. Matin and (}!oria devote a signific·mt .uart of ·mir t,rr.e;, fb·
f.esnc s care. Since M·vin's illness, this c·e has boon provided by Gloria
San 9[arcos Resort
36
The Sm¢ M·cos ho[ds itself out as
a
295 room resor· Mmqy of" the
patrons of the San M·cos ·e retirees and persons over 60 years of age ·d Stmstone
knows [hat older people are more susceptible
[o
congactinf{ I.egiommire's Disease
37.
to
to
As noted above, Sunstono knew and should have knowrx that it has a duty
a m·ner
maintain each of'its hotel prop·¢rties, mciudmg the S· M}ucos, in
that is safe
its guests, mciuding especially semor citizens who ·e a high risk ·oup suscepdbie to
·
Le·orm·rc s Disease.
That duty included
oblig{atiort
to assure
Jmt its herds' air
conditioning, plumbing, ·d water cooEng systems
·c mmnta[ned in a rn·ner
·at will
keep them
·{.{·l
t}ee from
dangerous [egiont·lla bacteria. The cost of such mmnten·ce is
con raste(· wkh the
..eq vc·c.· .
pa·km bmly whe·
damage
cause.
38.
Sunstone itself is cognizfmt of'[hat duty and has advertfsed to potential
customers ·mt it is a h·gh quaii[y hotel tea: is bo· safb and c[e·: R)r its guests.
39.
B· hs owT· description,
a leader
·o.-·o·,. S·
tto·
a
q·.·":"·'-"
erner·ed as
in hospit·ity. And, we've sta·ed 5uiidmg
reputation fbr going
·e
beyond the ordirmry. [mrnaculatc rooms, extensive amer:itics, and im·eccablc semite
AMb:NDED h ·.A Case 2:03-cv-01555-SRB Document 164-2 DEMAND ?'()R JURY":IA·,\·.
(.O·
)<
A_'
Filed 03/27/2006
Page 14 of 12 28
Sheraton ·an Marcos
9f2 Toda
resort Since
"has set 5·e
Standard tb· k·xu· in
rmeds wiii be Well
accornrnOdated
).
·w·tnStorlebotel< co
4I.
{Web site fbr
She·ator· S· ·arcos,
·I classes of
and
Sunstonc advertises to
·aVelers who
goiters, t, enn·s players,
.
Sunstone wilt t,·e
42.
reasonably expect they
Pr°Pcr Precatltforl8 to
wil! 8e safb at
·M is within
Sunstone claims that & c
easy reach
Dreve·lt ·le sbte,ld
tottrfsts to Stay at the
43.
or'other excellent
Sheraton San Marcos is
19I:· With &e first grass
Sheraton San Accommg to SUnstone.
golf course
gcH'cOUrses, all of which is
aadition at S·m
'Golf has been a
COnVcrue.t!y located on
players and ff·nn,,
[Web Site fbr
ever built in
·.
tSe prope·y;
Ar/zor a This 6,500 Yg·d
accommo(Iatfn· tournaments ·d·
"l'·m·arfsk ·ees, ·md
exp·siVe
rnattlre
S}lerat on S,u· -.
Minces,
·hc
At S·
zs "
M·cos ·alon & Day
oher.·o·, ·<· Ms,cos
COnvemently ·oCated
Spa. ()t· ·uaiat ·d intimate
tr·e
within Walking distance &ore
thfl service
lObby
AMENDED Case 2:03-cv-01555-SRB COMPI.AiNT DEMAND FOR JURy AND
Document 164-2
·
that ·]e
.....
r e -at
rl
experience You'll
·
Warlt to
rett·rn to
Y )u II
d·scOver that ail Yotlr
bushless people,
Stlnstonc's resorts
paradise
of'd·sease.
itselfa golfbr's
intended to at·act
Mmcos since
8-hOle course
UD to
/iUZWays
as a "·I-*
spa:
and
·** ages
Salon
day Spa
()tu-staf·'°f'pzothssionafs
Filed 03/27/2006 Page 15 of 28
Marcos,
.... 1,c:..
r·oes
-.,
suites arc
&era as fb·ows:
·i
exquisftely/hrnished and {teCor
"he Spaczous 295
guestrOoms arm
of'fbrs a private patio or ba·cor·y,
access, modem ports,
46.
feature cable TV,
soud:westem accents, Each
AM/FM radio, hi·,h s -'peed
room
In sum,
Vo·cema·Lequ·pped tclephor c8, ami
Sunstone assures its
buslrless or p/casm%
Yo·'11
Interact
baihs."
large amenity-stocked
'·he·ier you come for
weI1
customers at O·e Sheraton
Sire ·c()8 that
needs wii1 be
accommodated.
"47
d·SCOVer &at al· yo{a·
(-·ontrary to Smlstonc's
As recently as
environment.
claims, howcvcL
the Sa.
szgni[c·t level
of'legfo·el/a bacterm
and
May 2003. a test conducted at the San
within the water system
M·Fcos ·s uot a sa{· M:·cos revealed a
S·st·t·s Dot
the premises of the S·m
of" the resort.
Breach of'Its Duty t(
by its own
·d air
M·cos, including its Water
rcprcsenta·ons, to keep
conditioning systems, c·ean,
·(1
had
(m·y to
older guests to
could m&e them s·ck with
Legionnaire's Disease
ducles
waa· amt levels or'the/eg·o·e&· bacterm at ·e resort
to .vatrvm arid Glor-,
a9.
Sunsto
.....
condiffor·s to ex·st &at
fk)U·sh,
bacte·a t},at ca---
·.
",,
Y ·o'*'mg
to
·,·gzonn·ure's D·sease
,-\ M [:.N, DhCase ·['a;[ D CO 2:03-cv-01555-SRB AINT A.N D D F,3/L4N'!)
Document 164-2
Filed 03/27/2006
Page 16 of 28
FOR .FjRv I'R!,\
Disease.
pIu·bi·g, as·d cooling systems.
_52.
t[ad the
San M·cos ernpioyed a systcrnatic testing and had a rnainter·.ance
progr·n, it could have prevented the spread of" this deadly disease to
53.
"I'im Sm Marcos had a duty to keep its premises reasonably saf'o
deadly bacteria.
CX)UNT I .'·IA RVIN SAPIRO
54.
P·aip.ti·'fs
re-allege paragraphs
:[zron·,. 53
as
through ·l.dly set
herein.
55.
Sunstorm owed duties
o,{" care and ·casonabie maintcnmcc [o Ma·-vin
Sapiro.
56.
Sunstone breached the duties it owed
a
to
Marvin Sapiro and maintained its
premises in
5%
negligent rnax·ner.
As
a
result, Marvin Sapiro contracted a serious disease, which has caused
paip· and su.r'.rering, mo·a! ax·g'aish, loss ·'capacity ·br
·e e·.jo·r·e:· o·'ii·, ex·e,·se o·"
k)ss
.osp·taz·z·tmn,
.**e·ca,
axi
n·rs·n· care and FcakmenC, k·ss or" earnings,
ot'abili·y ·o
emn money, axi aggravacior·
o·'previously exis:·r·g corxti·ons. The iosses
·e ei:her
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 17 of 28
C O U_N'I" II I,OSS Ot" (·().N'S()RTI·[;M (;LORI;\ SAI·IRO
59.
G'.or'ia Sapirc· has dc·veted, a.qd w!!i }:ave to devote, a substantial a:r:our·t
()f·er tirade to providir,·g
00.
personN assist·tr·ce to Marvir'. Sapiro.
(}ioria
As
a
rest·It o·'Sunst·ne's breach of its duties arid its rzegii·;ence,
Sapiro l'tas lost the al['l"ecti(·n, protec:.!on, corr:."·rt, support, services, compar,,ior·s1-·ip, care,
ar:d society of her l·usbaad.
Case 2:03-cv-01555-SRB
I)!;MANr·) i:()R Jr,]RY
Document 164-2
Filed 03/27/2006
Page 18 of 28
I)t'LMANI) I:OR JURY TRIAI,
$75,000, against Sunstone, together with
court costs
arid such i'·her relief as
·e court
I)ated:
©
BOIES, SCIIII.f,ER & FLEXNF.R Attorneys for the !999 IIarrison St., Suite 900
Oakland, CA 94.612
Tel:
(.510) 874·i000 Fax: (510) 874 1·60
David W. Shapiro
(AZ I3· No. 015295)
Steven W. Davis, Esq. (Florida Bar No. 347442) Boles, Schiller & Flexner, LL,P
Bank of America Tower, Suite 2800 100 S.E. 2 ·d Street
Miami, FI,3313I Tel: (305) 53%8400 Fax: (305) 539 [307
Of Counsel:
Ann M. Gaivani, Esq Boies, SchilIer & F'lexner, LLP
ArrttorlK, NY ·u·u
AM·'.NI)t:D (.O ft ·AiN Case 2:03-cv-01555-SRB AND Document 164-2 DEMAND F()?. JURY TRIAL
Filed 03/27/2006
Page 19 of 28
EXHIBIT B
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 20 of 28
IN THE UNITED STATES DISTRICT COURT IN THE DISTRICT COURT OF ARIZONA
PHOENIX DIVISION
MARVIN
SAPiRO,
SAP]RO
and GI,ORIA
his wife,
I
VS.
No. CIV 03 1555 PHX SRB
SUNSTONE HOTEL INVESTORS,
L.L.C., SUNSTONE HOTEL INVESTORS, L.P.,
Defendants.
DEPOSITION OF GARY STOUGAARI) San Clemente,
Califernia
Friday, April ]5, 2005
Reported by:
KATHY P. PABICH
CSR No. 502]
JOB NO.
]72442a
I{SQUIRE DI{POSYI'ION St{RVICES
1-800-944 9454
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 21 of 28
Page 76
]
e!se?
MR.
KLEiFII
2
Same objection.
3
TIIE WITNESS:
Under the direction of Dr.
4 5
6
7
Fedoruk,
our chief
engineer, Guy Lindsey, and to a much
lesser extent other people .,in our operating team.
BY MR. DAVIS:
Q
Why did you close the entire hotel
as
opposed
8 9
]0
to only the section of the hotel
that was most
affected?
MR.
KI,EIF·EI,I):
Same objection.
If
!2
]3
THE WITNESS:
Because we did not
we wanted
-"ito
minimize and mitigate to the greatest extent
possible the negative press or financial impact to the
14
hotel, and we felt that closing the hotel and telling
the world that we were responding .in as broad a
measure
15 16
with as broad a measure as possible would in
17
18 19 20
the long run serve us the best.
-BY MR. DAVIiS:
Q
When did you learn that there was another case
of the Legionnaire's disease blamed on the San Marcos
21
22
23
24
25
·_
Botel?
MR.
KLEIFiELD:
Same objection.
THE WITNESS:
I can't remember the exact time
frame, but long after the Sapiro
months after.
ESQUIRE I)I·POSrI'ION SERVICES
1-800-944.-9454
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 22 of 28
2
3
4
I,
the undersigned,
a
Certified Shorthand
Reporter of the State of California, do hereby certify:
6
That the foregoing proceed:ir'·gs were taken
before me at the time and place herein set forth;
7
8
that
any witnesses in the foregoing proceedings, prior to
9
I0
testifying, were placed under oath; that. a verbatim
record of the proceedings was made by me using machine
shorthand which was thereafter transcribed under my
12
]3
direction;
further,
that_
the foregoing is an accurate
transcription thereof.
I
14
15
]6
further certify that
[
am neither
financially interested in the action nor a relative or
employee of any attorney of any of: the parties.
·
17
iN WITNESS
WHEREOF,
have this date
18
19
subscribed my name.
2O
21 22
23
Dated: May 4,
2005
24
CSR No.
5021
2b
ESOUIRP', Dt{POSrFION SERVICES
1-80(]..944-9454
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 23 of 28
EXHIBIT C
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 24 of 28
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
I{squire I)eposilion Services 949.440.7000
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 25 of 28
want to maintain the system to prevent legionella
contamination and they're testing to find out if their
3
preventive measures are working, then it doesn't lead to
a false sense of security.
4 5
6
BY MR.
KLEIFIELD: Do you agree that legionella amplifiers can
Q
7
cause legionella to become heavily colonized very
8 9
i0
quickly?
MR. SCHMIDT:
THE WITNESS:
Objection.
Form.
I would have to have more of an
ii
explanation of that.
BY MR. KLEIFIELD:
13
Q
We talked about this briefly earlier,
and that
Do you
14
15
is the rate at which legionella can promulgate.
have an opinion regarding the extent to which legionella
can promulgate to pathogenic levels in a welcome
16
17
18 19
2O
21 22
environment, in a conducive environment?
MR.
SCHMIDT:
Objection.
Form; incomplete
hypothetical.
BY MR. KLEIFIELD:
Q
How quickly it can go from a nonpathogenic to a
pathogenic level.
MR.
SCHMIDT:
23
24
25
Same objection.
THE WITNESS:
Well, legionella can
nondetectab]e
legionella counts can go from
to fairly
269
Esquire Deposition Services 949.440.7000
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 26 of 28
1 2
high counts in a short period of time.
In some instances,
water pressure shock
for
example, if there's
3
4 5
perhaps the city is working on a
water main and it shakes loose piping and biofilm comes
loose there have been outbreaks associated with those
6
7
events because of the rapid increase in legionella
levels in the water.
8 9
i0
BY MR. KLEIFIELD:
Q
What do you mean by short time?
In your
understanding of the documents in that respect, what's
that quantification?
A
What's a short time?
ii
It could even be minutes.
13
14
15
Q
Okay.
But absent those types of events,
it's not
A
likely to change substantially over time from being safe
to unsafe,
for example, without some kind of
16
17
18 19 2o
intervention, without some kind of disinfection
procedure or, in the other scenario, some type of
introduction of organic contaminants in the water that
would be nutrients for legionel]a.
So a system that's
21
22
23
just basically left to
operate as usual, it would follow these same
laboratory-defined replication rates which
are not
24
25
entirely agreed upon by microbiologists, but would be
roughly every twelve hours.
270
Hsquire Deposition Services 949.440.7000
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 27 of 28
I
2
3
4
I,
the undersigned,
a Certified Shorthand
5
6
Reporter of the State of California,
certify:
do hereby
7
8 9
i0
Ii
That the foregoing proceedings were taken 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
record of the proceedings was made by me using machine shorthand which was thereafter transcribed under my
12
13
]4
direction; further, that the foregoing is an accurate
transcription thereof.
I
15
]6
further certify that I am neither
nor a relative or
financially interested in the action
17
]8 ]9
employee of any attorney of any of' the parties.
IN WITNESS WHEREOF,
I have this date
subscribed my name.
2O
21
Dated:
22
23
24
25
LINDA M. UNGER CSR No. 11403
Case 2:03-cv-01555-SRB
Document 164-2
Filed 03/27/2006
Page 28 of 28
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