FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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`INDEX NO. 158546/2015
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`RECEIVED NYSCEF: 05/17/2021
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`- - - - - - - - - - - - - - - - x
`
`MILAGROS MUSSE,
`
` Plaintiff,
` Index No.
` 158546/2015
` -against-
`TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY and
`PORT AUTHORITY OF NEW YORK AND NEW JERSEY,
`
` Defendants.
`
`- - - - - - - - - - - - - - - - x
`
` 15 Maiden Lane
` Suite 803
` New York, New York 10038
`
` October 11, 2018
` 2:17 p.m.
`
` DEPOSITION of DAVID DAOUST, a Non-Party
`Witness herein, taken by KRISTIN K. ROBBINS,
`in the above-entitled action, held at the
`above time and place, pursuant to Subpoena,
`taken before DEVORA HACKNER, 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. 110
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`- - - - - - - - - - - - - - - - x
`
`MILAGROS MUSSE,
`
` Plaintiff,
` Index No.
` 158546/2015
` -against-
`TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY and
`PORT AUTHORITY OF NEW YORK AND NEW JERSEY,
`
` Defendants.
`
`- - - - - - - - - - - - - - - - x
`
` 15 Maiden Lane
` Suite 803
` New York, New York 10038
`
` October 11, 2018
` 2:17 p.m.
`
` DEPOSITION of DAVID DAOUST, a Non-Party
`Witness herein, taken by KRISTIN K. ROBBINS,
`in the above-entitled action, held at the
`above time and place, pursuant to Subpoena,
`taken before DEVORA HACKNER, 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
`NYSCEF DOC. NO. 110
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`A P P E A R A N C E S:
` LAW OFFICES OF KENNETH ARTHUR RIGBY, PLLC
` Attorneys for Defendant and Non-Party
` Witness
` TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
` DAVID DAOUST
` 15 Maiden Lane
` Suite 803
` New York, New York 10038
` 212-629-7575
` BY: KENNETH ARTHUR RIGBY, ESQ.
` karigby@karigbylaw.com
`
` BETANCOURT VAN HEMMEN GRECO & KENYON, LLC
` Attorneys for Defendant
` PORT AUTHORITY OF NEW YORK AND NEW
` JERSEY
` 46 Trinity Place
` New York, New York 10006
` 212-297-0050
` BY: KRISTIN K. ROBBINS, ESQ.
` krobbins@bvgklaw.com
`
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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 CPLR;
` 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
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`statements or comments that interfere with the
`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
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`Section 221.2 of these rules, and, in such
`event, the reason for the communication shall
`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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` D. DAOUST
`D A V I D D A O U S T, the witness
`herein, having been first duly sworn by
`a Notary Public of the State of
`New York, was examined and testified as
`follows:
`EXAMINATION
`BY MS. ROBBINS:
` Q. State your name for the record,
` please.
` A. David Daoust.
` Q. State your address for the
` record, please.
` MR. RIGBY: No personal
` addresses. As this morning -- am
` I on the record?
` THE REPORTER: Yes.
` MR. RIGBY: Excellent. I
` love being on the record. As
` this morning and as I represented
` to Ms. Robbins, I will accept --
` at the time of trial, I will
` accept service of any subpoena on
` Mr. Daoust for his trial
` testimony and then you will have
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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` D. DAOUST
` to appear. He understands that's
` a court protocol for keeping his
` personal address out of this.
` And if he doesn't appear at
` the time of trial, then I will
` provide the last known address or
` Ms. Robbins will have the option
` of using his deposition
` transcript because he is not
` otherwise available within the
` meaning of the CPLR.
` Q. Okay. Good afternoon,
` Mr. Daoust.
` A. Good afternoon.
` Q. My name is Kristin Robbins. I
` am the attorney for the Port Authority
` in this case.
` A. Okay.
` Q. Have you ever given a deposition
` before?
` A. Yes.
` Q. Okay. When's the last time you
` gave a deposition?
` THE WITNESS: It was with
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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` D. DAOUST
` you.
` A. A couple of years ago.
` Q. Okay. Well, it sounds like it's
` been a while --
` A. Yes.
` Q. -- since then, so I know
` Mr. Rigby, kind of, did a couple of
` ground rules, so I am just going to
` reiterate those on the record.
` This is basically just a
` question-and-answer session, that that
` means that I'm doing the questioning
` and you unfortunately have to answer
` the questions. I need your answers to
` be verbal and out loud. And that means
` to avoid shaking your head yes or no
` and also avoid, kind of, using those
` uh-huhs or uh-uhs that we would
` ordinarily use in conversation.
` A. Okay.
` Q. And that's being done just to
` make it easier on the court reporter
` who is here to take down everything
` that we are saying.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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` D. DAOUST
` One thing I want to remind you
` of is sometimes if we'll, kind of,
` devolve into a conversation that we're
` having and when that happens, sometimes
` people have a tendency to talk over
` each other. What I am going to ask you
` to do is to wait until I am finished
` speaking until you start to answer a
` question. And that goes for even if
` you, kind of, know where I'm going, go
` ahead and wait for me to finish asking
` the question altogether.
` A. Okay.
` Q. If you don't know the answer to
` a question, I don't want you to guess,
` I want you to -- or feel free to say I
` don't know or I don't recall.
` If you need to take a break,
` please just let me know. My only
` caveat to that is if there is a
` question on the table, I'd like you to
` answer the question before you take a
` break.
` A. Okay.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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` D. DAOUST
` MR. RIGBY: And you can
` confer with me at any time as
` long as there's no question on
` the table outside of the presence
` of the room.
` Q. Who is your current employer?
` A. E.E. Cruz. E-E C-R-U-Z.
` Q. Okay. What is E.E. Cruz?
` A. They are a general contractor.
` Q. And what do you for E.E. Cruz?
` A. Superintendent.
` Q. What is a superintendent?
` A. Superintendent builds the job.
` He's in charge of everything that goes
` on in the field.
` Q. Okay. When you say "he's in
` charge of everything that goes on in
` the field," what does that mean?
` A. Everything. Outside the door,
` the superintendent's in charge.
` Q. Okay. Are you --
` A. In charge of ordering materials,
` ordering manpower, ordering equipment,
` procedures, how things get done.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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` D. DAOUST
` Q. Okay. How long have you been
` employed with E.E. Cruz?
` A. Eleven months.
` Q. Who was your employer before
` E.E. Cruz?
` A. Tutor Perini.
` Q. Were you employed as a
` superintendent with Tutor Perini too?
` A. Yes.
` Q. When did you begin working for
` Tutor Perini?
` A. January 2001.
` Q. Okay. Were you a superintendent
` with Tutor Perini during the entire
` time of your employment?
` A. Yes.
` Q. Were you hired for a specific
` job in January of 2001, and when I say
` "job," I suppose I mean construction
` project?
` A. Yes.
` Q. Okay. What was that
` construction project?
` A. That was the BQE connector ramp,
`
`
`
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` D. DAOUST
` the BQE Williamsburg connector ramp.
` Q. Okay. And I assume that between
` 2001 and the time that you left Tutor
` Perini, you worked on other
` construction projects; is that fair?
` A. Yes.
` Q. Okay. Do you recall what
` construction project you were assigned
` to work on in May 2015?
` A. The Verrazzano Bridge.
` Q. Okay. Now, I've heard that
` there were multiple projects going on
` at the Verrazzano Bridge in May of
` 2015, can you --
` MR. RIGBY: Objection. You
` heard --
` MS. ROBBINS: Okay. All
` right. Let's --
` MR. RIGBY: Did a bird tell
` you that? I mean, I don't think
` Brian van Westervelt told you
` that.
` MS. ROBBINS: No. But you
` weren't at TBTA's dep so...
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
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` D. DAOUST
` MR. RIGBY: Oh, but he
` doesn't work for the TBTA. So --
` MS. ROBBINS: Okay.
` MR. RIGBY: -- that's a
` longhand objection for form.
` Please break it down for him.
` Q. Okay. What specific
` construction project were you assigned
` to work on at the Verrazzano-Narrows
` Bridge?
` A. The replacement of the upper
` level deck.
` Q. Okay. Were you working on any
` other construction projects at the time
` you were working on the upper level
` deck?
` A. No.
` Q. Okay. And just to, kind of,
` shorten things from now on, when I say
` the project, I am referring to the
` upper level deck replacement.
` A. Okay.
` MR. RIGBY: Clarification.
` That's what the name of the
`
`
`
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` D. DAOUST
` contract is. Are you just using
` the project to refer to work on
` the bridge -- using the term the
` project to refer to work that
` occurred on the bridge?
` MS. ROBBINS: Let's back up.
` MR. RIGBY: It's a semantic.
` I'm sorry.
` MS. ROBBINS: Yes, it is.
` MR. RIGBY: And you know
` that after this morning's
` deposition, I am not trying to be
` difficult. But it stems from...
` Q. It's my understanding that Tutor
` Perini was engaged as the general
` contractor to replace the upper level
` deck of the Verrazzano-Narrows Bridge;
` is that correct?
` A. That's correct.
` Q. Okay. Do you know who engaged
` Tutor Perini as the general contractor
` for that construction project?
` A. The TBTA.
` Q. Okay. Pursuant to a written
`
`
`
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` D. DAOUST
` contract, correct?
` A. Correct.
` Q. Okay. So when I talk about the
` project in this case, just for
` shorthand, I am referring to the work
` that was contracted to be done between
` the TBTA and Tutor Perini in reference
` to the upper level roadway.
` A. Okay.
` Q. Okay. Just so you know.
` MR. RIGBY: Perfect.
` Q. When did you begin work on this
` project?
` A. I don't recall exact date.
` 2014.
` Q. Okay. Had the project already
` started by the time that you were --
` let me back up.
` Were you assigned by somebody at
` Tutor Perini to work on that project?
` A. Yes.
` Q. Okay. Who assigned you?
` A. Bob Cooper.
` Q. Who is Bob Cooper?
`
`
`
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` D. DAOUST
` A. He is the general superintendent
` for Tutor Perini.
` Q. Okay. Is he your direct
` supervisor?
` A. Yes, he was.
` Q. Okay. Is Bob Cooper still
` employed with Tutor Perini?
` A. Yes.
` MR. RIGBY: You are not
` going to call him, are you?
` MS. ROBBINS: You never
` know.
` MR. RIGBY: He'll be
` thrilled to know that Dave Daoust
` gave him up. This is like a line
` of treachery.
` MS. ROBBINS: Can we get,
` like, a bright light to project
` here.
` MR. RIGBY: The third degree
` light, yes.
` Q. Okay. You testified that you
` started work in reference to the
` project in 2014; were you assigned to
`
`
`
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` D. DAOUST
` that project from its beginning?
` A. Yes.
` Q. Okay. So were you assigned to
` the project before work actually began?
` A. No.
` Q. Okay. At what point do you get
` involved on a project?
` A. Once the work out in the field
` starts happening, that's when I come
` in.
` (Whereupon, an
` off-the-record discussion was
` held at this time.)
` Q. Okay. Do you have any
` professional licenses or
` certifications?
` A. No.
` Q. Okay. Is there any kind of job
` training that you had to undergo to
` become a superintendent?
` A. No.
` Q. Okay. Any kind of, like,
` special education that you had to get
` to become a construction
`
`
`
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` D. DAOUST
` superintendent?
` A. No.
` Q. Okay. If I say construction
` superintendent, is that the same thing
` as superintendent?
` A. Yes.
` Q. Okay. Where was your office
` when you were working on the project?
` A. The main office?
` Q. Yes?
` A. It was in New Rochelle.
` Q. Okay. Oh, so is that the main
` office for, like, Tutor Perini as a
` corporate entity?
` A. Tutor Perini Civil.
` Q. Okay. Did you work out of an
` office nearer to the Verrazzano-Narrows
` Bridge?
` A. Yes. We had a field office.
` Q. Okay. Where is that field
` office?
` A. 100 Hudson Road in
` Staten Island.
` Q. Okay. Is that the field office
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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`INDEX NO. 158546/2015
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` D. DAOUST
` that I think somebody has called that
` area the footprint of the bridge, is
` that the field office that's located
` directly adjacent to the bridge itself?
` A. It's right underneath the
` bridge.
` Q. Okay. What are your job duties
` or what were your job duties in
` reference to the project?
` A. Like I said before, ordering the
` manpower, ordering the tools, the
` equipment, preplanning at that time.
` Q. Okay. Were you involved in
` retaining subcontractors in reference
` to the project?
` A. No.
` Q. Who from Tutor Perini was
` responsible for that in reference to
` the project?
` A. I think that was Jon Hart. He
` was the project manager.
` Q. Was there a construction manager
` engaged in reference to the project?
` MR. RIGBY: Objection to
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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` D. DAOUST
` form.
` MS. ROBBINS: Engaged?
` MR. RIGBY: No.
` Construction manager, are you
` asking for Tutor Perini --
` MS. ROBBINS: Okay. Let me
` clarify.
` Q. Was there a company that was
` retained by anybody to act as the
` construction manager for the project?
` A. There was -- GPI was hired by
` the TBTA as the construction manager.
` Q. Okay. GPI, is that
` Greenman-Pedersen?
` A. Yes.
` Q. Okay.
` MS. ROBBINS: Can we go off
` for a second?
` MR. RIGBY: Sure.
` (Whereupon, an
` off-the-record discussion was
` held at this time.)
` MS. ROBBINS: Can we mark
` this.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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`INDEX NO. 158546/2015
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` D. DAOUST
` (Whereupon, Defendants'
` Exhibit 1, documents, were marked
` for identification.)
` Q. Have you ever seen this document
` before?
` A. Yes.
` Q. What do you understand this
` document to be?
` A. This is the site safety plan.
` Q. Okay.
` A. The job specific safety plan.
` Q. Okay. Do you know who created
` this document?
` A. It was a conjunction of a few
` people.
` Q. Okay.
` A. Bill Lenczuk, Bob Cooper,
` probably Terry Flynn, F-L-Y-N-N.
` Q. Who is Terry Flynn?
` A. He was the engineer -- the head
` engineer at the time. I think he was
` the VP.
` Q. Okay. Is he a Tutor Perini guy?
` A. Yes.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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`INDEX NO. 158546/2015
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` D. DAOUST
` Q. To give you a little background,
` we're here today to talk about an
` accident that one of the ironworkers
` had at Red Hook Container Terminal in
` May of 2015. We'll get to that a
` little bit later.
` But do you know whether this was
` the site safety plan that was in place
` on May 7, 2015?
` A. It looks like it. Without
` reading it, I wouldn't know.
` Q. Okay. Can you go ahead and turn
` to page 11.
` MR. RIGBY: And just for the
` record, have you had an
` opportunity to review, as we sit
` here, this entire document?
` THE WITNESS: No.
` MR. RIGBY: Okay.
` Q. And it's not my expectation that
` you would. I just want to know if you
` had some familiarity with the site
` safety plan.
` A. Okay.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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` D. DAOUST
` Q. Okay. So turning to page 11,
` it's Section 3, key individuals. At
` the bottom of the page -- or the bottom
` section of the page has a listing for
` project general superintendents. Was
` that your role in reference to the
` project?
` A. Yes.
` Q. Okay. So under that, it has
` listed several, I guess, kind of, job
` duties or descriptions saying, "The
` project general superintendent will be
` responsible to the project manager for
` the safety practices and conditions in
` the field. The project general
` superintendent will ensure that hazard
` analyses are performed and that
` provisions for the safety of operations
` have been made."
` And then it goes on to list a
` couple of other things. Were these
` your general job duties in reference to
` the project?
` A. Yes.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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`INDEX NO. 158546/2015
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`RECEIVED NYSCEF: 05/17/2021
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` D. DAOUST
` Q. Okay. Is there anything not
` listed here, under this category, that
` was one of your job duties in reference
` to the project?
` A. Yes. This has safety stuff
` involved.
` Q. Okay. So you had other job
` duties unrelated to safety?
` A. Yes.
` Q. Okay. And that was the stuff we
` talked about and you said you were
` obtaining manpower and obtaining
` materials?
` A. And schedules. Yes.
` Q. Okay. Did you supervise any
` employees at Tutor Perini?
` A. Not craft people. Craft people,
` meaning ironworkers or -- I had direct
` contact with the foremans.
` Q. Okay.
` A. That was it.
` Q. So did you supervis the foremans
` that supervised the craft people?
` A. Yes.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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` D. DAOUST
` Q. Okay. How many foremans were
` under your supervision?
` A. At one time or all together?
` Q. In May of 2015.
` A. I could have had 14.
` Q. Okay. Are the foremen, like,
` assigned to different construction
` tasks?
` A. Yes.
` Q. Okay. So you said something
` like oh, I supervised the foremen who
` supervised all the ironworkers; are
` there foremans that supervise other
` kinds of workers?
` A. There is a laborer foreman.
` Q. Okay. When you say "laborer
` foreman," what kind of workers do they
` supervise?
` A. Laborers.
` Q. Okay.
` MR. RIGBY: Union laborers,
` 731, they are the union laborers.
` MS. ROBBINS: Okay.
` MR. RIGBY: I know that that
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
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` D. DAOUST
` looks like it's a generic to
` cover all the workers, but
` there's a laborers union, 731.
` Q. Okay. But different
` construction specialties have different
` foremen?
` A. Different crafts, yes.
` Q. Okay. Who was the safety
` manager on the project?
` A. At the time I believe it was
` Brian.
` Q. And that was Brian
` van Westervelt?
` A. Yes.
` Q. Okay. Do you know -- who was
` the safety supervisor on the project?
` A. Meaning -- supervisor? I don't
` know what you mean by that.
` Q. Okay. If you go ahead and turn
` to page 10, there's a listing for TPCG
` safety manager. And there's a bunch of
` job duties listed under that. And then
` on page 11, there is a listing for the
` safety supervisor and a bunch of job
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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`INDEX NO. 158546/2015
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`RECEIVED NYSCEF: 05/17/2021
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` D. DAOUST
` duties under that. Is it your
` understanding that Mr. van Westervelt
` was the safety supervisor on the
` project?
` A. He was what they called the site
` safety manager.
` Q. Okay. And what does that mean?
` A. That means he took care of
` everything, safety, investigations,
` ordering the safety supplies, giving
` the safety talks, walking the site,
` making sure everybody is doing what
` they are supposed to be doing.
` Q. Okay. Is there anybody else
` that has responsibilities in reference
` to the project from Tutor Perini for
` safety?
` A. Everybody is.
` Q. Okay. Is there anybody who it's
` their job to be a safety professional
` in relationship to the project?
` A. Brian was the site safety
` supervisor and I backed him up on -- if
` he wanted to terminate people, I would
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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`INDEX NO. 158546/2015
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` D. DAOUST
` back him up on it.
` Q. Okay. Was there anybody else
` engaged specifically by Tutor Perini --
` or employed by Tutor Perini as a safety
` professional on the project?
` A. There was -- I can't remember
` his name. There was another guy. He
` was mostly nights. I can't remember
` his name.
` Q. Okay. What was --
` A. Smitty, S-M-I-T-T-Y. I can't
` remember his full name, but Smitty.
` Q. Is that -- is Smitty a nickname?
` A. It's short -- yeah, it's a
` nickname for Smith. I forgot his first
` name.
` Q. Okay. Was he -- did he report
` to you?
` A. He reported to Brian.
` Q. Okay. Who did Brian report to?
` A. Bill Lenczuk.
` (Whereupon, an
` off-the-record discussion was
` held at this time.)
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
`
`INDEX NO. 158546/2015
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`RECEIVED NYSCEF: 05/17/2021
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` D. DAOUST
` Q. And Bill Lenczuk was -- what was
` his position at Tutor Perini?
` A. He was the regional safety
` director.
` Q. Okay. So he is, for all intents
` and purposes, Brian's boss --
` A. Yes.
` Q. -- within the safety department?
` A. Yes.
` Q. Okay. Were there other
` superintendents employed on the
` project?
` A. Yes.
` Q. Who were the other
` superintendents?
` A. Dave Pratt. And there was a few
` others that came and went.
` Q. Okay. In the hierarchy of, kind
` of, the superintendent world, did they
` report to you?
` A. Yes.
` Q. Okay. How were their job duties
` different from yours?
` A. I would give them specific tasks
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
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`INDEX NO. 158546/2015
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` D. DAOUST
` and they would take care.
` Q. Okay. So were they assistant
` superintendents?
` A. Yes.
` Q. Do you remember who was the
` assistant superintendent in May 2015?
` A. Dave Pratt.
` Q. Okay. I'd like you to turn to
` page 12, it's got a listing up top for
` superintendents and it says,
` "Superintendents will be responsible
` for the safety of work in their areas
` and responsibility. They will perform
` hazard analyses for operations for
` which they will be the supervisor."
` Was that Dave Pratt's job description
` in reference to safety?
` A. Yes.
` Q. Okay. And underneath that
` there's a listing for competent persons
` and qualified persons and in
` parenthesis it says foreman. Earlier,
` when you talked about that you
` supervised the foremen, are these the
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
`
`INDEX NO. 158546/2015
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`RECEIVED NYSCEF: 05/17/2021
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` D. DAOUST
` foremen -- are those the foremen that
` this document is referring to?
` A. Yes.
` Q. And if you need to take a moment
` to look at it, that's fine.
` A. Yes.
` Q. Okay. What areas does this site
` specific safety plan apply to?
` A. What do you mean by "areas"?
` Q. What is considered the site that
` is subject to this site specific safety
` plan?
` A. The bridge site, the yard site.
` Q. Okay. When you say the "yard
` site," do you mean that area of the
` footprint of the bridge?
` A. That and any other yards that we
` had; we rented a yard on Staten Island.
` Q. Okay. Where was the yard that
` you rented on Staten Island?
` A. Edgewater.
` Q. Okay. Is that close to the
` bridge?
` A. It's about -- yeah, a half a
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
`
`INDEX NO. 158546/2015
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` D. DAOUST
` mile away from the bridge.
` Q. Okay. What was going on at
` Edgewater?
` A. There was a storage. We put the
` painter there.
` Q. You put the painter there?
` A. The painter, he worked out of
` there, the subcontractor.
` Q. Oh the subcontractor --
` A. Yeah.
` Q. The subcontractor that worked as
` the painter was in Edgewater?
` A. Yes.
` Q. Okay.
` A. And the electrician worked out
` of there too.
` Q. Okay. Do you remember the name
` of the painter?
` A. Jag'd, J-A-G, apostrophe, D.
` Q. Jag'd?
` A. Yes.
` Q. Okay.
` A. I don't know how they came up
` with that, but...
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
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` D. DAOUST
` Q. And then you said another
` subcontractor was there?
` A. Hellman Electric.
` H-E-L-L-M-A-N.
` Q. Could we go back to, I think
` it's page 11 really quickly. Under
` project general superintendent it says
` that that person is responsible for
` personally auditing the project for
` safety once each week and making a
` written report?
` A. Yes.
` Q. Did you do that?
` A. I walked the site every day.
` Q. Okay.
` A. I did not write a report every
` week.
` Q. Okay. Did you write reports at
` all?
` A. No.
` Q. Okay. So you did do the audit,
` but did you ever write a written report
` as a result of an audit?
` A. No.
`
`
`
`FILED: NEW YORK COUNTY CLERK 05/17/2021 06:11 PM
`NYSCEF DOC. NO. 110
`
`INDEX NO. 158546/2015
`
`RECEIVED NYSCEF: 05/17/2021
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` D. DAOUST
` Q. Okay. We talked about you were
` doing -- you said you were walking the
` jobsite every day?
` A. Yes.
` Q. What were
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