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

e Case 2:03-cv-01555-SRB Document 157-9 Filed O2/27/2006 2 Page1 0f3

. IN Tl-IE UNITED STATES DISTRICT COURT 1 APPEARANCES:
IN AND FOR THE DISTRiCT COURT OF ARIZONA 2
3 For Plaintiffs:
MARVIN SAPIPO and GI.ORiA ) 4 BOIES, SCI—IILLER & FLEXNER
SAPIFIQ IMS Wits.) I av; eeoaee soi—Irv1Io:r
_ _ 5 Attorney at Law
I°I¤IV'III'I$· ) I 100 Southeast Second Avenue, Suite 2800
6 IVI` ', FI ‘d 33131
‘ vs. )) No. CIVOS-1555 PHX SFIB (3§g?I53g?g4gg
7
EIdI}I:S_TgL?§SIiI_grTJl`éLi—;°i»Ci¥II;EST¤%FlS. I For Defendants:
INVESTORS. ) KUNZ, PLITI', I—IYI.AND, DEIVILONG 8 KLEIFIELD
Defendamsl i 9 Eid\i6rntgiA`QTi£I&iE“\iV D. KLEIFIELD
`
10 3838 North Central Avenue, Suite 1500
Phoenix, Arizona 85012-1902
y 11 (802) 331 -4600 I
DEPOSITION OF MA1'I'i—lEW R. FREIJE
San Clemente, California
Friday, September 1 S, 2005 _ AM
Volume 2 ig
17
18
Fieported by: 19
LINDA M. uneen 20
cse ne. time . 21
Job Ne. asm? 22
s 52
_ 25
Page 157
1 IN THE UNITED STATES DISTRICT COURT 1 · INDEX .
g IN AND FOR THE DISTRICT COURT OF ARIZONA 2 VI./|'|'NESS: EXAMINATION
4 MARVIN SAPIRO and GLORIA ) 3 Q/Agni;}-qlgiw H FREIJE
. SAPIRO, his wife, ) I 4
piaimii-is, ) ) 5 BY MFI. KLEIFIELD 5
6 1 6
vs. ) No. CIV03—1555 PHX SRB 7
7 ‘ ) 8
SUNSTONE HOTELS INVESTORS. ) 9
B |...L.C.; SUNSTONE HOTEL ) EX iBi
INVESTORS, L.P., ) 10 H TS
9 ) `
Defendants. ) - 1 _] - (Nom)
I0 12
11 - · ‘
-12 I 13 'I
13 14
14 Deposition of MATTHEW Fl. FREIJE, Volume 2, 15 _
15 taken on behalf of Defendants, at 893 Calle 16
16 Amanacer, San Clemente, California, beginning -17 .
17 at 10:13 a.m. and ending at 2:15 p.m. on Friday, 18
18 September 16, 2005, before LINDA M. UNGEFI, 19
19 Certified Shorthand. Reporter No. 11403. 20
20 I - r
` " 21 ` 2i
. -· ` 22 22
23 23
24 24 `
25 25
Page 158 Page 158
1 (Pages 155 to 158) _
. Esquire Deposition Services
` 949.440.7000
Case 2:03-cv-01555-SRB Document 157-9 Filed O2/27/2006 Page 2 of 3

1 San Clemente, California, Friday, September 16, 2005 1 A Yes. · ·:
2 10:13 a.m. — 2:15 p.m. . · 2 O Let's talk first about the February 11th, 2005,
3 . 3 report. The first opinion conveyed therein is that
4 MATTHEW Ft. FFGEIJE, · 4 Manrin Sapiro was exposed to high levels of legionella
5 having been first duly sworn, was examined and testified 5 bacteria during his stay at the San Marcos resort in
6 as follows: - 6 Arizona. Have I read that correctly?
7 7 A Yes.
6 EXAMINATION 8 O That's based upon the sampling that was
9 BY MB. KLEIFIELD: , _ l 9 performed at the San Marcos following Mr. Sapiro's stay;
10 Q Please tell me your full name. 10 true? ‘
11 · A Matthew Raymond Frelje. . 11 A |t's based in part on that, yes.
12 O Matt, we're here today to reconvene your 12 O What are the other bases for that statement?
13 deposition, which had previously commenced earlier this 13 A The onset of his symptoms relative to the time
1`4 year. Do you understand that? 14 period at which he stayed there.
15 A Yes. 15 O You're not qualified to diagnose legionellosis
16 , O Okay. Have you had a chance to review that 16 or Legionnaires' disease, are you?
17 previous deposition transcript? 17 A No.
16 A Yes. - 13 O You're not qualified to diagnose the cause of
19 . O Did youmake any corrections, additions or 19 any particular physical complaint or symptom as being
20 modifications to your previous testimony as of this 20 caused by a particular microorganism, a virus, bacteria
21 point in time? A 21 et cetera, are you?
22 A Yes. 22 A Could you repeat that, please.
23 O Did you provide that in writing? 23 O Certainly.
24 A Yes, I did. I f f 24 Bead it back, please. A
25 O Who did you provide it to? 25 (Fiecord read.)
Page 159 , Page 161
1 A I don‘t recall. 1 THE WITNESS; In general, I'm not a doctor, so
2 Q Okay. _ - 2 l'm not qualified to give medical advice or to provide a
3 A I could find it. I could find a copy ofthe 3 diagnosis to a patient. .
4 letter, but I don‘t have it in front of me. 4 BY MFI. KLEIFIELD:
5 O Do you ·believe that that went to the court 5 O The sampling that was performed was performed
6 reporter? ` 6 while you were present at the property; true?
7 A l think so, yes. 7 A In May of 2003? .
8- Q We've got water here, if you want it. All of 6 O Yes.
9 these are fresh glasses, so feel free to jump in as you 9 A Yes.
10 need it. 10 O And how many days, weeks or months was that
11 r As I understand, disclosure _of your opinions as 11 following Mr. Sapiro's stay at the property?
12 an expert witness in this matter -· those opinions are 12 A Approximatelythree months after.
13 conveyed in two reports: one dated February 11th, 2005; 13 O Based upon that sampling, did you reach a
14 the other dated April 3th, 2005. Do you understand 14 conclusion regarding the source of any Iegionella
15 that? 15 contamination on the property?
16 A Yes. , - 16 A What do you mean by source?
17 O Have you generated any subsequent reports 17 O What caused it, where it came from.
18 setting forth opinions that you have relative to your 13 A Well, the samples I collected were from the
19 involvement in this matter? 19 domestic water system, most of them. l did not do
20 A No. 20 sampling extensively around the property. For example,
21 Q So it's a fair statement that all the opinions 21 I didn't sample the cooling tower, but I did sample
22 you have in this regard generally rest in these two 22 water from a shower and faucet, in fact, a number of
23 reports; correct? 23 faucets in the domestic water system. And legionella
24 A Yes. 24 was found in many of those samples.
25 O Do you have a copy of your reports with you? 25 O Based upon your sampling or any work that you
Page 160 4 Page 162
2 (Pages 159 to 162)
Esquire Deposition Services
. 949.-440.7000
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