Free Motion for New Trial - District Court of Delaware - Delaware

Case 1 :04-cv-00163-GIVIS Document 304-5 Filed 10/24/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT I _
FOR THE DISTRICT OF DELAWARE
· - )
DONALD M. DURKIN CONTRACTING, INC. ) Civil Action No.: 04—0163 GMS
) I .-
Plaintiff, )
vs. )
. I ) .
CITY OF NEWARK., HAROLD F. GODWIN, ) J URY TRIAL DEMANDED
JOHN H. FARRELL, IV, JERRY CLIFTON, )
KARL G. KALBACHER, DAVID J. ATHEY, ) -
FRANK J. OSBORNE, JR., ICHRISTINA REWA ) .
AND URS CORPORATION )
) .
Defendants, )
. ) ` p ‘
_ vs. )
I )
FEDERAL INSURANCE COMPANY ) ·
)
D Third Party Defendant. ) _ · _ ‘
AFFIDAVIT on RONALD SCOTT KILLEN
STATE OF DELAWARE : o D I
. : ss
COUNTY OF NEW CASTLE :
Ronald Scott Killen, being duly sworn, does depose and say:
. l. I speak from personal knowledge and am competent to make this Affidavit.
I 2. I was employed by Talley Brothers as an estimator from February 3998 to
February 2004.
l 3. While employed by Talley Brothers, I assisted with estimating the Newark · B
I Reservoir Proj ect. Talley Brothers provided concrete and general contracting work for the
- Reservoir Proj ect. I I I j
I 4. n I became familiar with the firm Donald M. Durkin Contracting, Inc. during my
employment with Talley Brothers.

Case 1 :04-cv-00163-GIVIS Document 304-5 " Filed 10/24/2006 Page 2 of 2 _
A 5. I left Talley Brothers in 2004 to work for Mason Building Gronp where I am still
employed as an estimator. Mason Building Group does interior and civil contracting work. -
6. I contacted Donald M. Durkin Contracting in April 2004 and requested a bid from
_ I the company for a project at the Delaware Soiid Waste Authority. _
7. Bonding was not required for the proj ect and I advised Donald M. Durkin A
· Contracting of this fact. `
8. In response to my request for a bid, Jim Durkin told me that Donald M. Durkin
. Contracting would not be bidding any work until after the litigation was over with the City of
Newark. _
9. The bids received from other contractors were around $2 million for the sarne
work for which I requested a bid from Donald M. Durkin Contracting in April 2004.
. 10. I did not think this information was important until I read in the News J ournai
i about the verdict for Dtxrkin and Dt1rkin’s ailegation that it conld not do any work because ofthe
· termination by the City of Newark. .
ll. Because I personaily had offered Donald M. Durkin Contracting Company the
opportunity for work valued around $2 million, I knew that the allegation was not true, so I
immediately contacted the City of Newark. I did not contact anyone from the City of Newark
prior to reading about the verdict. I M ‘ .
Ronald Scott Killen I . Z
l State of Delaware .
County of New Castle
Slgng;1 and sworn before m by Ronald Scot! Killen, on this the 23m day of October 2006..
at/wijd,/lt I * . 1
Nmary Public t' I dhs IM. Simons "
* Ndiary Pubtic _
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MF Gbmmlgsidit Expires Feb 10, 2007 I

Case 1:04-cv-00163-GMS

Document 304-5

Filed 10/24/2006

Page 1 of 2

Case 1:04-cv-00163-GMS

Document 304-5

Filed 10/24/2006

Page 2 of 2