Preview
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
EXHIBIT D
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
illsihe lhg. 39 $ngle Garf - Kast part ysfu ¶ark 11731
part,
631 469-9388 • fax: 631 462-2532
John L Juliano
JonathanC. Jutlano
EydleFleimo
PracticeAdministralor
August 27, 2019
LAW OFFICE OF ANDREA G. SAWYERS
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
Attn: Mr. Steven A. Steigerwald, Esq.
Re: Schulman v. Ultimate Class Limousine, et at
Inder No.: 611214/2015
Dear Counselor:
Enclosed herewith please find an original of the Examination Before Trial transcript for
the deposition taken of your client in connectics with the above subject matter.
Kindly have your client review the erlesed transcript and execute the original before a
Natary Public and return the original to this office at your very earliest opportunity. Any
changes to the transcript should be made on the'ericlosed Errata Sheet with thereason for the
change. The Errata sheet must also be signed and acknowledged by your client.
Please note that pursuant to CPLR § 3116(a), ifthe witness fails to sign and return the
deposition transcript within sixty (60) days, itmay be used fully as ifit were signed. No changes
to the transcript may be made by the witness more than sixty (60) days after submission hereof.
Thank you for your anticipated prompt attention to this matter.
Respectfully,
Christopher Martinson
Paralegal
EncL
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
5 4
1 A P P E A R A N C E S: (Continued)
2
3 LAW OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant County of Suffolk
4 1045 Oyster Bay Road, Suite 1
East Norwich, New York 11732
BY: VINCENT D. McNAMARA, ESQ.
6 File No. 907-4577
8 LAW OFFICE OF ANDREA G. SAWYERS
Attorneys for Defendant
9 Cabot Coach Builders, Inc.
P.O. Box 2903
10 Hartford, Connecticut 06104-2903
11 BY: STEVEN STEIGERWALD, ESQ. .
File No. 2017024539SAS
12 j
13 ALSO PRESENT:
14 DAVID TEIXEIRA, ESQ., the Law Offices of
Vincent D. McNamara
15
OLIVIA SEGOTA, Intern with the Law Offices of
16 Vincent D. McNamara
17
MICHAEL FRITTOLA, additional counsel for Cabot
18 Coach Builders, Inc., d/b/a Royale Limousine
19 SCOTT TAYLOR, additional counsel for Cabot Coach
Builders, Inc., d/b/a Royale Limousine
20
21
22
23
24
I 25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
6
1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
221.1 OBJECTIONS AT DEPOSITIONS
3
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or (d)
5 of Rule 3115 of the Civil Practice Law and
Rules, would be waived if not interposed, and
6 except in compliance with subdivision (e) of
such rule. All objections made at a deposition
7 shall be noted by the officer before whom the
deposition is taken, and the answer shall be
8 given and the deposition shall proceed subject
to the objections and to the right of a person
9 to apply for appropriate relief pursuant to
Article 31 of the CPLR.
10 (b) Speaking objections restricted. Every
objection raised during a deposition shall be
11 stated succinctly and framed so as not to
suggest an answer to the deponent and, at the
12 request of the _questioning attorney, shall
include a clear statement as to any defect in
13 form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule 3115
14 or by this rule, during the course of the
examination, persons shall not make statements
15 or comments that interfere with the questioning.
16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE.
17 A deponent shall answer all questions at a
deposition, except (i) to preserve a privilege
18 or right of confidentiality, (ii) to enforce a
limitation set forth in an order of the court,
19 or (iii) when the question is plainly improper
and would, if answered, cause significant
20 prejudice to any person. An attorney shall not
direct a deponent not to answer except as
21 provided in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to answer
22 shall be accompanied by a succinct and clear
statement of the basis therefore. If a deponent
23 does not answer a question, the examining party
shall have the right to complete the remainder
24 of the deposition.
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
7
1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
221.3 Communication with the deponent.
3
An attorney shall not interrupt the
4 deposition for the purpose of communication with
the deponent unless all parties consent or the
5 communication is made for the purpose of
determining whether the question should not be
6 answered on the grounds set forth in Section
221.2 of these rules and, in such event, the
7 reason for the communication shall be stated for
the record succinctly and clearly.
8
IT IS FURTHER STIPULATED AND AGREED that
9 the transcript may be signed before a Notary
Public with the same force and effect as if
10 signed before a clerk or a Judge of the court.
11 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized for
12 all purposes as provided by the CPLR.
13 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
14 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
15 respect hereto.
16 IT IS FURTHER STIPULATED AND AGREED by an
between the attorneys for the respective parties
17 that a copy of this examination shall be
furnished, without charge, to the attorney
18 representing the witness testifying herein.
* * * *
19
20
21
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
8
2 MR. SEIDEN: Let's mark these, please.
3 (Whereupon, a multipage document
4 entitled Ford North American Product
Plaintiffs'
5 Development was premarked as
6 Exhibit 1 for Identification, as of this
7 date.)
8 (Whereupon, a color photograph was
Plaintiffs'
9 premarked as Exhibit 2 for
10 Identification, as of this date.)
11 (Whereupon, two color photographs on one
Plaintiffs'
12 page were premarked as Exhibit 3
13 for Identification, as of this date.)
14 (Whereupon, color photographs were
Plaintiffs'
15 premarked as Exhibits 4 through
16 6 for Identification, as of this date.)
17 (Whereupon, photograph with the heading
Plaintiffs'
18 GJ Exhibit 119Z was premarked as
19 Exhibit 7 for Identification, as of this
20 date.)
21 (Whereupon, photograph with the heading
Plaintiffs'
22 GJ Exhibit 120Z was premarked as
23 Exhibit 8 for Identification, as of this
24 date.)
25 (Whereupon, two color photographs on one
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
9
1
page were Plaintiffs'
2 premarked as Exhibit 9
3 for Identification, as of this date.)
4 (Whereupon, two color photographs on one
5 page were premarked as
Plaintiffs' Exhibit
6 10 for Identification, as of this date.)
7 (Whereupon, two color photographs on one
page were premarked Plaintiffs'
8 as Exhibit
9 11 for Identification, as of this date.)
10 (Whereupon, two color photographs on one
page Plaintiffs'
11 were premarked as Exhibit
12 12 for Identification, as of this date.)
13 (Whereupon, two color photographs on one
Plaintiffs'
14 page were premarked as Exhibit
15 13 for Identification, as of this date.)
16 (Whereupon, two color photographs on one
17 page were premarked as
Plaintiffs' Exhibit
18 14 for Identification, as of this date.)
19 (Whereupon, two color photographs on one
Plaintiffs'
20 page were premarked as Exhibit
21 15 for Identification, as of this date.)
22 (Whereupon, two color photographs on one
!
Plaintiffs'
23 page were premarked as Exhibit
24 16 for Identification, as of this date.)
25 (Whereupon, two color photographs on one
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
10
1
Plaintiffs'
2 page were premarked as Exhibit
3 17 for Identification, as of this date.)
4 P H I L L I P S T O C K, called as a witness,
5 having been duly sworn by a Notary Public of
6 the State of New York, was examined and
7 testified as follows:
8 EXAMINATION BY
9 DANIEL SEIDEN, ESQ.:
10 Q. Please state your full name for the
11'
record.
12 A. Phillip Stock.
13 Q. What is your address?
14 A. 99 Newark Street, Haverhill,
15 Massachusetts 01832.
16 Q. Good morning, Mr. Stock.
17 A. Good morning.
18 Q. My name is Daniel Seiden. I'm from the
19 law firm of Block, O'Toole & Murphy. We
20 represent the estate of Belli in this action.
21 Before we start, I just want to lay down a couple
22 of ground rules.
23 First, the court reporter is great, but
24 she can't take down nods of the head or hand
25 gestures, so please keep all your responses
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
11
1 P. Stock
2 verbal. Also, if you mean yes, say yes; if you
3 mean no, say no. Things like um-hmm are
4 difficult for her to take down, okay?
5 A. Okay.
6 Q. I don't want you to guess at anything.
7 If you approximate, that's fine, but you can't
8 guess. Do you understand the difference between
9 the two?
10 A. Yes.
11 Q. If I ask you anything that you don't
12 understand or my question is inarticulate or
13 confusing, just let me know, but if you answer
14 the question, we'll all assume that you
15 understood it, okay?
16 A. Yes.
17 Q. If you need a break for any reason, just
18 let me know, I'll be happy to accommodate you.
19 The only rule is if I've asked you a question,
20 you have to answer that question before we take
21 the break, all right?
22 A. Okay.
23 Q. Lastly, in a normal conversation, you'd
24 finish some of my sentences, I'd finish yours,
25 but we can't do that here because the court
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
12
1 P. Stock
2 reporter can only take down one voice at a time,
3 so I just ask that you let me finish my question
4 before you give an answer, and I'll give you that
5 same courtesy when you're answering, all right?
6 A. Yes.
1
7 Q. Also, if I talk too fast, just let me
8 know.
9 MR. SEIDEN: That goes for you as well.
10 Q. You gave prior testimony in relation to
11 this accident; is that correct?
12 A. Yes.
13 Q. That was for the grand jury?
14 A. Correct.
15 Q. That was on August 17th of 2016?
16 A. I'm not sure of the date.
17 Q. Does that sound approximately correct?
18 A. Sounds approximately correct.
19 Q. Did you give testimony one time or more
20 than one time? !
21 A. One time.
22 Q. Are you currently employed?
23 A. I am.
24 Q. By whom?
25 A. Royale Limousine Coach Builders.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
13
1 P. Stock
2 Q. That's Royale with an E at the end of
3 it, correct?
4 A. Correct.
5 Q. Are you familiar with Cabot Coach
6 Builders?
7 A. One in the sam.e.
8 Q. They're the same company?
9 A. They are.
10 Q. If I said it was Cabot Coach Builders
11 doing business at Royale Limousine, would that be
12 correct?
13 A. Correct.
14 Q. In what capacity are you currently
15 employed?
16 A. Production manager.
17 Q. What does a production manager do?
18 A. Controls flow of production·, controls
19 hires.
20 Q. When you say hires, what do you mean?
21 A. Manpower.
22 Q. That's for the entire company?
23 A. No. Just for the floor.
24 Q. What does the floor mean?
25 A. Where the operation of the actual build
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
14
1 P. Stock
2 process.
3 Q. I'll say this, too, there's going to be
4 a lot of questions that we may all kind of know
5 the answer to, but we still need it on the
6 record. So it may sound like a silly question,
7 but we're just trying to get answers on paper,
8 okay?
9 A. Okay.
10 Q. Are you also involved in the QVM
11 process?
12 A. Yes.
13 Q. In what capacity are you involved in the
14 QVM process?
15 A. We construct a car to their guidelines.
16 Q. Whose guidelines?
17 A. To the QVM guidelines.
18 Q. The QVM is through Ford, correct?
19 A. Correct.
20 Q. What does QVM stand for?
21 A. Qualified Vehicle Modifier.
22 Q. How long have you held this position
23 for?
24 A. Approximately twenty years.
25 Q. How many people are in your unit?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
15
1 P. Stock
2 A. Fifty.
3 Q. What are the job titles in that unit?
4 A. Job titles? Not sure if I understand
5 the question.
6 Q. What titles do those fifty people hold?
7 A. They're just general workers.
8 Q. Are they called floor workers or
9 something else; how do you refer to them?
10 A. Fellow workers.
11 Q. Do they report to you?
12 A. Yes.
13 Q. Are you the highest in your unit?
14 A. Yes.
15 Q. What do the workers in your unit do?
16 A. Variation of seventeen different phases
17 of the job.
18 Q. Are they actually involved in the
19 upfitting of limousines?
20 A. Yes.
21 Q. They do the actual manual work; is that
22 correct?
23 A. Correct.
24 Q. Do you do any manual work in your
25 position as a production manager?
516-485-2222 BEE REPUK I LNUAGENCY, INC. 212-327-350 )
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
16
1 P. Stock
2 A. No.
3 Q. Prior to being a production manager, did
4 you still work for Cabot or Royale Limousine?
5 A. Yes.
6 Q. What position did you hold then?
7 A. As a floor worker.
8 Q. Is that what you were just referring to
9 as fellow worker?
10 A. Correct.
11 Q. How long were you a floor worker?
12 A. Approximately five to seven years.
13 Q. What were your duties and
14 responsibilities as the floor worker?
15 A. I was a multitasker.
16 Q. Can you explain what that means to me?
17 A. I would fill in positions that guys are
18 either on vacation or absent from the job.
19 Q. So you would just fill in for other
20 people's role; did have a set role every day?
21 A. No.
22 Q. Would you ever have to do any welding?
23 A. No.
24 Q. Are you certified in welding?
25 A. No.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
17
1 P. Stock
2 Q. Have you ever welded anything?
3 A. No.
4 Q. Do people that report to you currently
5 do welding?
6 A. Yes.
7 Q. Do they have to hold any kind of
8 certification for that?
9 A. No.
10 Q. As part of the hiring process, do you
11 look into their experience with welding?
12 A. We do.
13 Q. What do you look for?
1 4 A. Experience of years, we give them a weld
15 test to see what their weld performance is.
16 Q. What does that weld test consist of?
17 A. Actually welding the steel together that
18 would be part of the manufacturing process.
19 Q. So would you actually work on a part of
20 the limousine?
21 A. No.
22 Q. Is this a set test where you would work
23 on parts of a limousine even if it wasn't going
24 in the actual limousine or something else?
25 A. It would be sheet metal parts that would
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020
18
1 P. Stock
2 not go into a limousine.
3 Q. Do you have any professional degrees?
4 A. No.
5 Q. What's your highest level of education?
6 A. High school.
7 Q. Say
Preview
FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 EXHIBIT D FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 illsihe lhg. 39 $ngle Garf - Kast part ysfu ¶ark 11731 part, 631 469-9388 • fax: 631 462-2532 John L Juliano JonathanC. Jutlano EydleFleimo PracticeAdministralor August 27, 2019 LAW OFFICE OF ANDREA G. SAWYERS 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 Attn: Mr. Steven A. Steigerwald, Esq. Re: Schulman v. Ultimate Class Limousine, et at Inder No.: 611214/2015 Dear Counselor: Enclosed herewith please find an original of the Examination Before Trial transcript for the deposition taken of your client in connectics with the above subject matter. Kindly have your client review the erlesed transcript and execute the original before a Natary Public and return the original to this office at your very earliest opportunity. Any changes to the transcript should be made on the'ericlosed Errata Sheet with thereason for the change. The Errata sheet must also be signed and acknowledged by your client. Please note that pursuant to CPLR § 3116(a), ifthe witness fails to sign and return the deposition transcript within sixty (60) days, itmay be used fully as ifit were signed. No changes to the transcript may be made by the witness more than sixty (60) days after submission hereof. Thank you for your anticipated prompt attention to this matter. Respectfully, Christopher Martinson Paralegal EncL FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 5 4 1 A P P E A R A N C E S: (Continued) 2 3 LAW OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant County of Suffolk 4 1045 Oyster Bay Road, Suite 1 East Norwich, New York 11732 BY: VINCENT D. McNAMARA, ESQ. 6 File No. 907-4577 8 LAW OFFICE OF ANDREA G. SAWYERS Attorneys for Defendant 9 Cabot Coach Builders, Inc. P.O. Box 2903 10 Hartford, Connecticut 06104-2903 11 BY: STEVEN STEIGERWALD, ESQ. . File No. 2017024539SAS 12 j 13 ALSO PRESENT: 14 DAVID TEIXEIRA, ESQ., the Law Offices of Vincent D. McNamara 15 OLIVIA SEGOTA, Intern with the Law Offices of 16 Vincent D. McNamara 17 MICHAEL FRITTOLA, additional counsel for Cabot 18 Coach Builders, Inc., d/b/a Royale Limousine 19 SCOTT TAYLOR, additional counsel for Cabot Coach Builders, Inc., d/b/a Royale Limousine 20 21 22 23 24 I 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 6 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.1 OBJECTIONS AT DEPOSITIONS 3 (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or (d) 5 of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and 6 except in compliance with subdivision (e) of such rule. All objections made at a deposition 7 shall be noted by the officer before whom the deposition is taken, and the answer shall be 8 given and the deposition shall proceed subject to the objections and to the right of a person 9 to apply for appropriate relief pursuant to Article 31 of the CPLR. 10 (b) Speaking objections restricted. Every objection raised during a deposition shall be 11 stated succinctly and framed so as not to suggest an answer to the deponent and, at the 12 request of the _questioning attorney, shall include a clear statement as to any defect in 13 form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 3115 14 or by this rule, during the course of the examination, persons shall not make statements 15 or comments that interfere with the questioning. 16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE. 17 A deponent shall answer all questions at a deposition, except (i) to preserve a privilege 18 or right of confidentiality, (ii) to enforce a limitation set forth in an order of the court, 19 or (iii) when the question is plainly improper and would, if answered, cause significant 20 prejudice to any person. An attorney shall not direct a deponent not to answer except as 21 provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer 22 shall be accompanied by a succinct and clear statement of the basis therefore. If a deponent 23 does not answer a question, the examining party shall have the right to complete the remainder 24 of the deposition. 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 7 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.3 Communication with the deponent. 3 An attorney shall not interrupt the 4 deposition for the purpose of communication with the deponent unless all parties consent or the 5 communication is made for the purpose of determining whether the question should not be 6 answered on the grounds set forth in Section 221.2 of these rules and, in such event, the 7 reason for the communication shall be stated for the record succinctly and clearly. 8 IT IS FURTHER STIPULATED AND AGREED that 9 the transcript may be signed before a Notary Public with the same force and effect as if 10 signed before a clerk or a Judge of the court. 11 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized for 12 all purposes as provided by the CPLR. 13 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 14 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 15 respect hereto. 16 IT IS FURTHER STIPULATED AND AGREED by an between the attorneys for the respective parties 17 that a copy of this examination shall be furnished, without charge, to the attorney 18 representing the witness testifying herein. * * * * 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 8 2 MR. SEIDEN: Let's mark these, please. 3 (Whereupon, a multipage document 4 entitled Ford North American Product Plaintiffs' 5 Development was premarked as 6 Exhibit 1 for Identification, as of this 7 date.) 8 (Whereupon, a color photograph was Plaintiffs' 9 premarked as Exhibit 2 for 10 Identification, as of this date.) 11 (Whereupon, two color photographs on one Plaintiffs' 12 page were premarked as Exhibit 3 13 for Identification, as of this date.) 14 (Whereupon, color photographs were Plaintiffs' 15 premarked as Exhibits 4 through 16 6 for Identification, as of this date.) 17 (Whereupon, photograph with the heading Plaintiffs' 18 GJ Exhibit 119Z was premarked as 19 Exhibit 7 for Identification, as of this 20 date.) 21 (Whereupon, photograph with the heading Plaintiffs' 22 GJ Exhibit 120Z was premarked as 23 Exhibit 8 for Identification, as of this 24 date.) 25 (Whereupon, two color photographs on one 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 9 1 page were Plaintiffs' 2 premarked as Exhibit 9 3 for Identification, as of this date.) 4 (Whereupon, two color photographs on one 5 page were premarked as Plaintiffs' Exhibit 6 10 for Identification, as of this date.) 7 (Whereupon, two color photographs on one page were premarked Plaintiffs' 8 as Exhibit 9 11 for Identification, as of this date.) 10 (Whereupon, two color photographs on one page Plaintiffs' 11 were premarked as Exhibit 12 12 for Identification, as of this date.) 13 (Whereupon, two color photographs on one Plaintiffs' 14 page were premarked as Exhibit 15 13 for Identification, as of this date.) 16 (Whereupon, two color photographs on one 17 page were premarked as Plaintiffs' Exhibit 18 14 for Identification, as of this date.) 19 (Whereupon, two color photographs on one Plaintiffs' 20 page were premarked as Exhibit 21 15 for Identification, as of this date.) 22 (Whereupon, two color photographs on one ! Plaintiffs' 23 page were premarked as Exhibit 24 16 for Identification, as of this date.) 25 (Whereupon, two color photographs on one 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 10 1 Plaintiffs' 2 page were premarked as Exhibit 3 17 for Identification, as of this date.) 4 P H I L L I P S T O C K, called as a witness, 5 having been duly sworn by a Notary Public of 6 the State of New York, was examined and 7 testified as follows: 8 EXAMINATION BY 9 DANIEL SEIDEN, ESQ.: 10 Q. Please state your full name for the 11' record. 12 A. Phillip Stock. 13 Q. What is your address? 14 A. 99 Newark Street, Haverhill, 15 Massachusetts 01832. 16 Q. Good morning, Mr. Stock. 17 A. Good morning. 18 Q. My name is Daniel Seiden. I'm from the 19 law firm of Block, O'Toole & Murphy. We 20 represent the estate of Belli in this action. 21 Before we start, I just want to lay down a couple 22 of ground rules. 23 First, the court reporter is great, but 24 she can't take down nods of the head or hand 25 gestures, so please keep all your responses 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 11 1 P. Stock 2 verbal. Also, if you mean yes, say yes; if you 3 mean no, say no. Things like um-hmm are 4 difficult for her to take down, okay? 5 A. Okay. 6 Q. I don't want you to guess at anything. 7 If you approximate, that's fine, but you can't 8 guess. Do you understand the difference between 9 the two? 10 A. Yes. 11 Q. If I ask you anything that you don't 12 understand or my question is inarticulate or 13 confusing, just let me know, but if you answer 14 the question, we'll all assume that you 15 understood it, okay? 16 A. Yes. 17 Q. If you need a break for any reason, just 18 let me know, I'll be happy to accommodate you. 19 The only rule is if I've asked you a question, 20 you have to answer that question before we take 21 the break, all right? 22 A. Okay. 23 Q. Lastly, in a normal conversation, you'd 24 finish some of my sentences, I'd finish yours, 25 but we can't do that here because the court 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 12 1 P. Stock 2 reporter can only take down one voice at a time, 3 so I just ask that you let me finish my question 4 before you give an answer, and I'll give you that 5 same courtesy when you're answering, all right? 6 A. Yes. 1 7 Q. Also, if I talk too fast, just let me 8 know. 9 MR. SEIDEN: That goes for you as well. 10 Q. You gave prior testimony in relation to 11 this accident; is that correct? 12 A. Yes. 13 Q. That was for the grand jury? 14 A. Correct. 15 Q. That was on August 17th of 2016? 16 A. I'm not sure of the date. 17 Q. Does that sound approximately correct? 18 A. Sounds approximately correct. 19 Q. Did you give testimony one time or more 20 than one time? ! 21 A. One time. 22 Q. Are you currently employed? 23 A. I am. 24 Q. By whom? 25 A. Royale Limousine Coach Builders. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 13 1 P. Stock 2 Q. That's Royale with an E at the end of 3 it, correct? 4 A. Correct. 5 Q. Are you familiar with Cabot Coach 6 Builders? 7 A. One in the sam.e. 8 Q. They're the same company? 9 A. They are. 10 Q. If I said it was Cabot Coach Builders 11 doing business at Royale Limousine, would that be 12 correct? 13 A. Correct. 14 Q. In what capacity are you currently 15 employed? 16 A. Production manager. 17 Q. What does a production manager do? 18 A. Controls flow of production·, controls 19 hires. 20 Q. When you say hires, what do you mean? 21 A. Manpower. 22 Q. That's for the entire company? 23 A. No. Just for the floor. 24 Q. What does the floor mean? 25 A. Where the operation of the actual build 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 14 1 P. Stock 2 process. 3 Q. I'll say this, too, there's going to be 4 a lot of questions that we may all kind of know 5 the answer to, but we still need it on the 6 record. So it may sound like a silly question, 7 but we're just trying to get answers on paper, 8 okay? 9 A. Okay. 10 Q. Are you also involved in the QVM 11 process? 12 A. Yes. 13 Q. In what capacity are you involved in the 14 QVM process? 15 A. We construct a car to their guidelines. 16 Q. Whose guidelines? 17 A. To the QVM guidelines. 18 Q. The QVM is through Ford, correct? 19 A. Correct. 20 Q. What does QVM stand for? 21 A. Qualified Vehicle Modifier. 22 Q. How long have you held this position 23 for? 24 A. Approximately twenty years. 25 Q. How many people are in your unit? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 15 1 P. Stock 2 A. Fifty. 3 Q. What are the job titles in that unit? 4 A. Job titles? Not sure if I understand 5 the question. 6 Q. What titles do those fifty people hold? 7 A. They're just general workers. 8 Q. Are they called floor workers or 9 something else; how do you refer to them? 10 A. Fellow workers. 11 Q. Do they report to you? 12 A. Yes. 13 Q. Are you the highest in your unit? 14 A. Yes. 15 Q. What do the workers in your unit do? 16 A. Variation of seventeen different phases 17 of the job. 18 Q. Are they actually involved in the 19 upfitting of limousines? 20 A. Yes. 21 Q. They do the actual manual work; is that 22 correct? 23 A. Correct. 24 Q. Do you do any manual work in your 25 position as a production manager? 516-485-2222 BEE REPUK I LNUAGENCY, INC. 212-327-350 ) FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 16 1 P. Stock 2 A. No. 3 Q. Prior to being a production manager, did 4 you still work for Cabot or Royale Limousine? 5 A. Yes. 6 Q. What position did you hold then? 7 A. As a floor worker. 8 Q. Is that what you were just referring to 9 as fellow worker? 10 A. Correct. 11 Q. How long were you a floor worker? 12 A. Approximately five to seven years. 13 Q. What were your duties and 14 responsibilities as the floor worker? 15 A. I was a multitasker. 16 Q. Can you explain what that means to me? 17 A. I would fill in positions that guys are 18 either on vacation or absent from the job. 19 Q. So you would just fill in for other 20 people's role; did have a set role every day? 21 A. No. 22 Q. Would you ever have to do any welding? 23 A. No. 24 Q. Are you certified in welding? 25 A. No. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 17 1 P. Stock 2 Q. Have you ever welded anything? 3 A. No. 4 Q. Do people that report to you currently 5 do welding? 6 A. Yes. 7 Q. Do they have to hold any kind of 8 certification for that? 9 A. No. 10 Q. As part of the hiring process, do you 11 look into their experience with welding? 12 A. We do. 13 Q. What do you look for? 1 4 A. Experience of years, we give them a weld 15 test to see what their weld performance is. 16 Q. What does that weld test consist of? 17 A. Actually welding the steel together that 18 would be part of the manufacturing process. 19 Q. So would you actually work on a part of 20 the limousine? 21 A. No. 22 Q. Is this a set test where you would work 23 on parts of a limousine even if it wasn't going 24 in the actual limousine or something else? 25 A. It would be sheet metal parts that would 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/16/2020 01:08 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 716 RECEIVED NYSCEF: 11/16/2020 18 1 P. Stock 2 not go into a limousine. 3 Q. Do you have any professional degrees? 4 A. No. 5 Q. What's your highest level of education? 6 A. High school. 7 Q. Say