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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-------------------------------------------- x
`MILAGROS MUSSE,
` Plaintiff, Index No.
` 158546/15
`
` -against-
`
`TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY and
`PORT AUTHORITY OF NEW YORK AND NEW JERSEY,
` Defendants.
`-------------------------------------------- x
` Law Office of Kenneth Arthur Rigby, PLLC
` 15 Maiden Lane, Suite 803
` New York, New York 10038
` October 15, 2018
` 10:05 a.m.
`
` EXAMINATION BEFORE TRIAL of TRIBOROUGH
`BRIDGE AND TUNNEL AUTHORITY by GEORGE ALVES,
`the Defendant in the above-entitled action,
`held at the above time and place, taken before
`Joi Rafkind, a shorthand reporter and Notary
`Public within and for the State of New York.
`
` MAGNA LEGAL SERVICES
` (866)624-6221
` www.MagnaLS.com
`
`
`NYSCEF DOC. NO. 108
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`INDEX NO. 158546/2015
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-------------------------------------------- x
`MILAGROS MUSSE,
` Plaintiff, Index No.
` 158546/15
`
` -against-
`
`TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY and
`PORT AUTHORITY OF NEW YORK AND NEW JERSEY,
` Defendants.
`-------------------------------------------- x
` Law Office of Kenneth Arthur Rigby, PLLC
` 15 Maiden Lane, Suite 803
` New York, New York 10038
` October 15, 2018
` 10:05 a.m.
`
` EXAMINATION BEFORE TRIAL of TRIBOROUGH
`BRIDGE AND TUNNEL AUTHORITY by GEORGE ALVES,
`the Defendant in the above-entitled action,
`held at the above time and place, taken before
`Joi Rafkind, a shorthand reporter and Notary
`Public within and for the State of New York.
`
` MAGNA LEGAL SERVICES
` (866)624-6221
` www.MagnaLS.com
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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`A P P E A R A N C E S:
`
` KAZMIERCZUK & MC GRATH
` Attorneys for Plaintiff
` 103-16 Metropolitan Avenue
` Forest Hills, New York 11375
`
` BY: JOSEPH KAZMIERCZUK, ESQ.
`
` LAW OFFICE OF KENNETH ARTHUR
` RIGBY, PLLC
` Attorneys for Defendant
` TRIBOROUGH BRIDGE AND TUNNEL
` AUTHORITY
` 15 Maiden Lane, Suite 803
` New York, New York 10038
` BY: KENNETH ARTHUR RIGBY, ESQ.
`
` BETANCOURT VANHEMMEN GRECO
` & KENYON, LLC
` Attorneys for Defendant
` PORT AUTHORITY OF NEW YORK AND
` NEW JERSEY
` 46 Trinity Place
` New York, New York 10006
`
` BY: KRISTIN K. ROBBINS, ESQ.
` krobbins@bvgklaw.com
`
` xxxxx
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`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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` I N D E X
`WITNESS EXAMINATION BY PAGE
`George Alves Ms. Robbins 7,130
` 135
`
` Mr. Kazmierczuk 64,133
`
` EXHIBITS
`DEFENDANT'S DESCRIPTION PAGE
`Alves A 1st Shipment Panel Layout 36
`Alves B 5 pgs. Incident/Accident 58
` Investigation Report
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` S T I P U L A T I O N S
` IT IS STIPULATED AND AGREED by and between
`the attorneys for the respective parties
`herein, and in compliance with Rule 221 of the
`Uniform Rules for the Trial Courts:
` THAT the parties recognize the provision of
`Rule 3115 subdivisions (b), (c) and/or (d).
`All objections made at a deposition shall be
`noted by the officer before whom the
`deposition is taken, and the answer shall be
`given and the deposition shall proceed subject
`to the objections and to the right of a person
`to apply for appropriate relief pursuant to
`Article 31 of the C.P.L.R.;
` THAT every objection raised during a
`deposition shall be stated succinctly and
`framed so as not to suggest an answer to the
`deponent and, at the request of the
`questioning attorney, shall include a clear
`statement as to any defect in form or other
`basis of error or irregularity. Except to the
`extent permitted by CPLR Rule 3115 or by this
`rule, during the course of the examination
`persons in attendance shall not make
`statements or comments that interfere with the
`
`
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`questioning.
` THAT a deponent shall answer all questions
`at a deposition, except (i) to preserve a
`privilege or right of confidentiality, (ii) to
`enforce a limitation set forth in an order of
`a court, or (iii) when the question is plainly
`improper and would, if answered, cause
`significant prejudice to any person. An
`attorney shall not direct a deponent not to
`answer except as provided in CPLR Rule 3115 or
`this subdivision. Any refusal to answer or
`direction not to answer shall be accompanied
`by a succinct and clear statement on the basis
`therefore. If the deponent does not answer a
`question, the examining party shall have the
`right to complete the remainder of the
`deposition.
` THAT an attorney shall not interrupt the
`deposition for the purpose of communicating
`with the deponent unless all parties consent
`or the communication is made for the purpose
`of determining whether the question should not
`be answered on the grounds set forth in
`Section 221.2 of these rules, and, in such
`event, the reason for the communication shall
`
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`
`be stated for the record succinctly and
`clearly.
` THAT the failure to object to any question
`or to move to strike any testimony at this
`examination shall not be a bar or waiver to
`make such objection or motion at the time of
`the trial of this action, and is hereby
`reserved; and
` THAT this examination may be signed and
`sworn to by the witness examined herein before
`any Notary Public, but the failure to do so or
`to return the original of the examination to
`the attorney on whose behalf the examination
`is taken, shall not be deemed a waiver of the
`rights provided by Rules 3116 and 3117 of the
`C.P.L.R, and shall be controlled thereby; and
` THAT the certification and filing of the
`original of this examination are hereby
`waived; and
` THAT the questioning attorney shall provide
`counsel for the witness examined herein with a
`copy of this examination at no charge.
`
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`GEORGE ALVES, the witness herein, having been
`first duly sworn before a Notary Public of the
`State of New York, was examined and testified
`as follows:
`EXAMINATION
`BY MS. ROBBINS:
` Q. Please state your name for the
` record.
` A. George Alves.
` Q. Please state your address for the
` record.
` A. 1000 Main Street, New Rochelle, New
` York 10804.
` MR. RIGBY: In lieu of Mr. Alves'
` personal address on the record we're
` going to put his business address,
` which is Tutor Perini Civil East, 1000
` Main Street, New Rochelle, New York
` 10804. And if at the time of trial
` Mr. Alves is no longer employed by
` Tutor Perini, either his last known
` address will be provided to opposing
` counsel, or I will accept service of
` subpoenas on his behalf. And of
` course, it will be subject to time
`
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` limits and other issues, but not
` insofar as having the wrong person
` served in that time.
` Q. Good morning, Mr. Alves. My name is
` Kristin Robbins. I'm the attorney for the
` Port Authority in this case. Have you ever
` given a deposition before?
` A. No.
` Q. I just want to go over a couple
` ground rules before we get started. It's
` basically a question and answer session, but
` what that means is I get to ask the
` questions, and you have to provide the
` answers. When you answer my questions, I'd
` appreciate it if you gave me verbal answers,
` and that means avoiding shaking your head yes
` or no, and avoid using the uh-huhs and uh-uhs
` that we use in ordinary conversation. I'd
` like you to wait until I'm finished asking my
` question before you start to answer, and that
` goes for even if you kind of know where I'm
` going with it, and that's because the court
` reporter is here to take down everything
` we're saying today, if we're talking over
` each other, it gets really difficult for her
`
`
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` to take things down. If I ask a question and
` you don't understand it or you need me to
` explain it to you, please just let me know
` and I'll try and clarify it. If I ask a
` question and you don't know the answer, I
` don't want you to guess. Saying you don't
` know or you don't recall is an acceptable
` answer. If you need to take a break at any
` time during the deposition, please let me
` know. If there's a question left open on the
` table, I'm going to ask that you answer it
` before we go ahead and take a break. Do you
` understand the ground rules as I've explained
` them to you?
` A. Yes.
` Q. Can I get your full name for the
` record?
` A. George Alves.
` Q. Who is your current employer?
` A. Tutor Perini.
` Q. What's your occupation at Tutor
` Perini?
` A. Ironworker foreman.
` Q. How long have you worked at Tutor
` Perini?
`
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` A. About twenty years.
` Q. How long have you been a foreman?
` A. About ten years.
` Q. Are you a member of any union?
` A. Yes.
` Q. What union?
` A. 361.
` Q. What is 361?
` A. That's my union.
` Q. Is it the Ironworkers?
` A. Yes, Ironworkers, I'm sorry.
` Q. Local Ironworkers Union?
` A. Yes.
` Q. Local 361, is that out of New York
` City?
` A. Queens.
` Q. What are your job duties as a
` foreman with Tutor Perini?
` A. To run a gang of ironworkers.
` Q. What did you do with Tutor Perini
` before you were a foreman?
` A. I was an ironworker.
` Q. What does an ironworker do?
` A. They work on steel, structural
` steel, buildings.
`
`
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` Q. Is that like welding?
` A. Yes, part of it is welding.
` Q. Part of it; what else do ironworkers
` do?
` A. Structural steel.
` Q. Do they, when you say they work on
` structural steel, what do you mean by that,
` are they bolting things?
` A. Yes.
` Q. Do you have any job duties at Tutor
` Perini related to safety?
` A. No.
` Q. Did you have to undergo any special
` training to become an ironworker?
` A. Yes, through the school,
` ironworkers' school.
` Q. Where is the ironworkers' school?
` A. It's in Queens.
` Q. Is that run through the union?
` A. Yes.
` Q. Did you have to undergo any special
` training to be a foreman?
` A. No.
` Q. In your position as a foreman with
` Tutor Perini do you have to undergo any
`
`
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` safety training?
` A. No.
` Q. In your position as a foreman with
` Tutor Perini do you have to undergo any
` training regarding OSHA regulations?
` A. I have to take an OSHA test.
` Q. Is that administered through Tutor
` Perini or through the union?
` A. Through the union.
` Q. Is that just one OSHA test or is
` this something you have to take periodically
` every couple of years?
` A. Every couple of years.
` Q. When was your last OSHA test?
` A. Couple years ago.
` Q. Did you pass it?
` A. Yes.
` Q. Did you ever undergo any safety
` training that's provided by the union?
` MR. RIGBY: Objection. Could you
` define safety training. He may not
` understand it. Are you talking about
` classroom type of training, talking
` about special courses offered through
` the union?
`
`
`
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` MS. ROBBINS: Yes, sure.
` MR. RIGBY: Which, or both?
` Q. Does the union provide any classes
` for ironworkers to take in regards to safe
` practices?
` A. It's part of the school, part of
` safety, yes, I would.
` Q. When you went through the
` ironworkers' school safety training was part
` of that training?
` A. Yes.
` Q. Are there any kind of updated safety
` classes or any specialized training in
` regards to safety that the union gives you?
` A. No.
` Q. Does Tutor Perini require you to go
` through any special safety classes or
` training specific to safety as an ironworker,
` or as a foreman?
` A. No.
` Q. How many ironworkers do you
` typically supervise on a gang?
` A. About eight.
` Q. What does your supervision consist
` of, are you working alongside them, or are
`
`
`
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` you just supervising, or what does your
` supervision consist of?
` A. Just supervising.
` Q. When they are doing their work as
` ironworkers, you're not working alongside of
` them --
` A. No.
` Q. I need you to wait until I'm
` finished. You're not working alongside of
` them, you're just supervising their work?
` A. Yes.
` Q. We're here today to talk about an
` accident that a woman, Milagros Musse, who
` was an ironworker who was employed by Tutor
` Perini, had in May of 2015. At the time of
` her accident she was working on a project at
` the Verrazano Narrows Bridge, and it's my
` understanding, is my understanding correct,
` that you were employed as a foreman for
` ironworkers in reference to the Verrazano
` Narrows Bridge project?
` A. Yes.
` MR. RIGBY: Just objection to the
` characterization of being here to talk.
` We're here to ask questions and answer
`
`
`
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` them, we're not here to talk.
` MS. ROBBINS: Okay.
` MR. RIGBY: It's not a
` conversation, it's a Q and A.
` MS. ROBBINS: Okay.
` Q. What was the project that was going
` on at the Verrazano Narrows Bridge?
` A. Panels, putting up panels on the
` bridge.
` MR. RIGBY: Talking specifically as
` of May 7, 2015?
` MS. ROBBINS: What the general
` project was on the Verrazano Narrows
` Bridge.
` MR. RIGBY: Understood.
` Q. When did you start working as a
` foreman on the Verrazano Narrows Bridge
` project?
` A. I'm not sure. I'm not sure of the
` date.
` Q. Had you been working on the project
` from the time the project began, or were you
` brought in after work already started?
` A. The work already had started when I
` came in.
`
`
`
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` Q. What project had you been working on
` before the Verrazano Narrows Bridge project?
` A. It was a project in New Jersey.
` Q. Is it another bridge?
` A. Bridge.
` Q. When you started work on the
` Verrazano Narrows Bridge project did you
` start as a foreman or an ironworker?
` A. Foreman.
` Q. Who did you report to?
` A. Dave Daoust.
` Q. Are you familiar with the entity
` Triborough Bridge and Tunnel Authority, have
` you heard that name before?
` A. Not sure.
` Q. TBTA, does that ring a bell for you?
` A. Yes.
` Q. In reference to the Verrazano
` Narrows Bridge project, did you have to
` report to anybody from TBTA?
` A. No.
` Q. Was there a construction manager
` engaged in reference to the Verrazano Narrows
` Bridge project?
` MR. RIGBY: Objection. Break it
`
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` down, please.
` Q. Was there any specific company
` engaged to act as construction manager for
` the Verrazano Narrows Bridge project?
` MR. RIGBY: If you know.
` Objection. If you know.
` Q. If you know?
` A. No, I don't know.
` Q. Have you ever heard the name
` Greenman Peterson Incorporated?
` A. No.
` Q. What about GPI?
` A. No.
` Q. As part of your work on the
` Verrazano Narrows Bridge project did you have
` to attend any meetings where safety was
` discussed?
` A. Yes.
` Q. What were those meetings?
` A. I don't understand the question.
` Q. Did you ever attend a meeting with
` Dave Daoust where you guys discussed safety
` on the Verrazano Narrows Bridge project?
` A. Yes, once a week they had a safety
` meeting.
`
`
`
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` Q. Is that the meeting I think other
` people from Tutor Perini have referred to as
` a toolbox talk?
` A. Yes.
` Q. So that, the toolbox talk, is a once
` weekly safety meeting, is that correct?
` A. Yes, plus --
` Q. Go ahead.
` A. -- the foremens give one every day
` to their workers.
` Q. So you give, is it a meeting or are
` you giving the workers instructions?
` A. No, before we start the work we have
` a tool talk safety.
` Q. So before you start the work you
` have another tool talk, you said?
` A. Yes.
` Q. Is that, I think I've heard people
` refer to that as a take five, is that the
` same meeting?
` A. Yes.
` Q. So the toolbox talk, is that
` something that's conducted by you, or is that
` something that's conducted by somebody else?
` A. The once a week is conducted by the
`
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`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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` safety manager, whoever is in safety, and
` every day one is done by me.
` Q. Is done by you, okay. In reference
` to the Verrazano Narrows Bridge project who
` was the safety person who did the toolbox
` talks?
` A. Brian, I don't know his last name.
` Q. But then you did the take fives
` every day, correct?
` A. Yes.
` Q. What kind of things would you
` address with the workers during take fives?
` A. Whatever type of work I was going to
` be doing for that day, safety, and wear your
` safety glasses, your hard hat, anything that
` was going to be done for that day.
` Q. Would you give the workers
` instructions as to the work they were going
` to be doing that day during the take five?
` A. Yes.
` Q. As in, today we're going to be
` grinding panels, here is some stuff about
` safety --
` A. Yes.
` Q. -- in reference to grinding panels,
`
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`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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` is that correct?
` A. Yes.
` Q. Have you ever heard of the term job
` hazard analysis?
` A. No.
` Q. What about JHA?
` A. No.
` Q. Do you know what a JHA is?
` A. No.
` Q. Have you ever seen a document that
` someone has presented to you and told you is
` a job hazard analysis, or a JHA?
` A. No.
` Q. What were your responsibilities, if
` any, if one of your gang members had an
` accident while they were working?
` A. Report it to Brian.
` Q. You said Brian is the safety
` manager?
` A. Yes.
` Q. Did you have any other
` responsibilities in reference to if somebody
` had an accident?
` A. No.
` Q. So your one duty was to inform Brian
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 108
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` that there had been an accident?
` A. Yes.
` Q. You didn't have any responsibilities
` as far as filling out a written report or
` anything like that?
` A. No.
` Q. Did you participate in any kind of
` accident investigation if a worker had been
` injured, taking pictures, or getting a
` statement from them, or anything like that?
` A. No.
` Q. Did you have any responsibilities
` for disciplining workers if they violated a
` safety rule?
` MR. RIGBY: Objection. Can I hear
` that read back again.
` (Whereupon, the record was read
` by the reporter.)
` MR. RIGBY: You can answer.
` A. Yes. If they were violating the
` rule I'll tell them you do it or you're going
` to get fired.
` Q. Would you provide them instruction
` then on how to do the job safely at that
` time?
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 108
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` A. Yes.
` Q. Did you have the authority to fire
` workers?
` A. Yes.
` Q. In reference to the Verrazano
` Narrows Bridge project did anybody provide
` you with a copy of the site specific safety
` plan?
` A. I don't understand what you mean by
` that.
` Q. Are you familiar with the term site
` specific safety plan?
` A. No.
` MR. RIGBY: We're going to
` reference an exhibit from a deposition
` we took last week.
` MS. ROBBINS: It's Daoust 1.
` MR. RIGBY: Just for the record, as
` of last week this is Exhibit 1 from the
` deposition of Dave Daoust on
` October 11th, 2018 that was conducted
` in this room, it appears to consist of
` 154 separate pages marked TP001 through
` TP154. Ms. Robbins is going to ask you
` something about this document, just
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 108
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` listen closely to her question.
` A. Okay.
` Q. Have you ever seen a copy of this
` document before?
` A. I probably did, I'm not sure,
` because, you know, I probably did see it,
` but.
` Q. With your work at Tutor Perini when
` you begin work on a project, or throughout
` your course of work on a project, do foremen
` generally get copies of the site specific
` safety plan?
` A. I would say yes.
` Q. Are you required to review what's in
` the site specific safety plan?
` A. Usually somebody goes through it.
` We'll sit in a meeting, they'll go through
` everything that's in there, they'll talk
` about it.
` Q. Somebody from Tutor Perini will have
` a meeting with you guys where you go over
` what's in the plan?
` A. Yes.
` Q. Who is that person at Tutor Perini?
` A. Different people in different,
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 108
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`INDEX NO. 158546/2015
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` depending where you're at.
` Q. What do you mean depending where
` you're at?
` A. What job you're in. I go through
` maybe ten different jobs, you know.
` Q. So you get assigned to various
` projects through your employment with Tutor
` Perini?
` A. Yes.
` Q. On each project at some point
` somebody sits down with you and goes over the
` site safety plan?
` A. Yes.
` Q. Specific safety plan?
` A. Yes.
` Q. Do the ironworkers also get a copy
` of the site specific safety plan?
` MR. RIGBY: Objection.
` Ironworkers, as in journeymen and
` apprentice ironworkers, or ironworkers
` like Mr. Alves who was a foreman, or
` shop stewards, or, I mean, it's kind of
` a general question.
` MS. ROBBINS: I'll clarify.
` Q. For the gang of ironworkers that you
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 108
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`INDEX NO. 158546/2015
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`
`Page 25
` supervise, do those workers receive a copy of
` the site specific safety plan?
` A. I don't know.
` Q. Has anybody asked you, as a foreman,
` to give them a copy of the site specific
` safety plan?
` A. No.
` Q. Did anybody at Tutor Perini discuss
` with you or explain to you what is considered
` the site that is subject to the site specific
` safety plan?
` A. I don't understand what you're
` saying.
` Q. Did anybody at Tutor Perini have a
` discussion with you or meet with you
` regarding what is considered the job site
` that the site specific safety plan applies to
` or covers?
` A. Yes.
` Q. What did they tell you?
` A. Whatever job I'm in, the type of
` work I'm going to be doing.
` Q. Whatever work you're doing, they
` tell you that the site specific safety plan
` is going to apply to that work?
`
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`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 108
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`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 26
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` A. Yes.
` MR. RIGBY: Just for my
` clarification; when you say whatever
` job you're doing, that means whatever
` task you're doing on a particular job
` is subject to the safety plan?
` THE WITNESS: Yes.
` Q. Have you ever been to Red Hook
` Container Terminal?
` A. Yes.
` Q. When did you first go to Red Hook
` Container Terminal?
` A. I'm not sure of the date when I went
` there.
` Q. What was the purpose of your going
` to Red Hook Container Terminal?
` A. Part of the job was being fabricated
` there.
` Q. What part of the job was being
` fabricated?
` A. The panels were coming off the ship
` there and we were prepping them and the job.
` Q. Who told you to go down to Red Hook
` Container Terminal?
` A. Dave Daoust.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 108
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`INDEX NO. 158546/2015
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`Page 27
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` Q. Were you at Red Hook Container
` Terminal when the panels were being
` off-loaded from the ship?
` A. Yes.
` Q. What did you observe that day?
` A. Panels coming off the ship.
` Q. What do you understand Red Hook
` Container Terminal's purpose to have been in
` relation to the panels?
` A. They were in charge of unloading
` them.
` Q. It's my understanding that panels
` were also stored at Red Hook Container
` Terminal, is that correct?
` A. Yes.
` Q. When you were at Red Hook Container
` Terminal to see the panels being off-loaded
` on the days that they were off-loaded, did
` you also observe the area where the panels
` were going to be stored?
` A. Yes.
` Q. Do you know who made the
` determination or the decision to store panels
` at Red Hook Container Terminal?
` A. Came from higher up.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 108
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`Page 28
` Q. Somebody higher up in the leadership
` at Tutor Perini made that decision --
` A. Yes.
` Q. -- as far as you know?
` A. Yes.
` Q. When did you first find out that
` Tutor Perini wanted to send ironworkers down
` to Red Hook Container Terminal to do work on
` the panels?
` A. I guess when they sent me there, the
` date that they sent me there.
` Q. So the first day that they sent you
` there, that's when you found out that workers
` were going to be working on the panels?
` A. Yes.
` Q. This is after the day that you were
` there to observe the panels being off-loaded?
` A. No, that was probably a week after.
` Q. So the first time they sent you
` there to actually observe work being done on
` the panels was a week after they had been
` off-loaded?
` A. Yes.
` Q. Do you remember what month that was?
` A. No.
`
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`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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`Page 29
` Q. What work did they explain to you
` was going to be done on the panels?
` A. Prepping the panels.
` Q. How were the panels going to be
` prepped?
` A. Where do I start. Pretty much
` assembling the stuff so it makes it easier
` when you get to the bridge.
` Q. When you say assembling stuff, what
` kind of stuff are you talking about?
` A. Angles, putting actual bolts in the
` angles and pieces that supposed to go
` together.
` (Whereupon, the record was read
` by the reporter.)
` MR. KAZMIERCZUK: Actual bolts?
` THE WITNESS: Yes.
` Q. I know Ms. Musse has testified that
` she was injured while she was doing some work
` on the panels, or the work that was going on
` the panels, or at the time she was injured
` was grinding --
` A. Yes.
` Q. -- can you explain to me what
` grinding is?
`
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`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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`Page 30
` A. You grab a grinder and you grind the
` steel. It's grinding, you have to grind some
` tape out of the panels that was glued to the
` panels.
` Q. I think you testified earlier that
` there was prep work being done on the panels
` at the port because it was easier --
` A. Well, it's just prepping work so
` it's easier for the guys on the bridge
` already comes assembled for them to set it up
` and put it where it has to go.
` Q. So the purpose of doing the work at
` Red Hook Container Terminal, or the work that
` was being done, was because it was easier for
` the guys at the bridge to install it later?
` MR. RIGBY: Objection. She's
` trying to characterize what you just
` said, so she's asking you to agree with
` her characterization of what you just
` said. Let's have the reporter read it
` back.
` MR. KAZMIERCZUK: Object to
` directing the witness how to testify.
` MR. RIGBY: I'm objecting to the
` form of the question. You can't
`
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`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 108
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`Page 31
`
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` characterize what the witness
` testified. He's not here to have his
` testimony characterized, he's here to
` give factual testimony.
` MR. KAZMIERCZUK: May I hear the
` question back first.
` (Whereupon, the record was read
` by the reporter.)
` MR. KAZMIERCZUK: Thank you.
` MR. RIGBY: You can answer.
` A. Yes, it's part of the job.
` Q. What do you mean it's part of the
` job?
` A. I'm doing a certain type of work to
` pass it on to somebody else to do another
` certain type of work.
` Q. Okay.
` A. So I'm pretty much setting things in
` order and putting things in place so when it
` goes at night, it makes it much faster to
` work to go to do the work through the night.
` Q. I think yo
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