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COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.: 1685CV00719
AR to ica So tao ick aa Ra IR Ra oi ici ok
TERRY ROY,
PLLED
Plaintiff
Vv
ERIC NORDSTROM and MICHELLE
NORDSTROM,
EB 27 2020
Defendants,
FI I II OI IO SO IO II I I RO I kkk A ult, CLERK
Al FFIDAVIT OF GEORGE MELCHIOR, R.A., P-E., LEED AP, WAC H
“My name is George W. Melchior. I hold a Bachelor of Science in civil engineering, and
a Bachelor of Architecture from the Illinois Institute of Technology; and I am a Registered
Architect (R.A.) and Registered Professional Engineer (P.E.). Additionally, am a DAWIA Level
Ill Certified Facilities Engineer with the Department of Defense, where served as both a military
engineer and civilian architect and engineer, and was responsible for the design, construction and
maintenance of numerous exterior walking surfaces including residential walkways. Additionally,
Tam an ANSI/NFSI Walkway Auditor Certificate Holder (WACH #183), where I was trained in!
the industry means and methods of walkway construction and testing, as well as the accepted|
consensus industry standards for walkway safety. Presently, I provide architectural and
1
engineering services, including residential design services throughout New England.
In preparation of this affidavit, I reviewed the following discovery: Deposition of Terry
Roy; Deposition of Mark Sinkewich; Deposition of Eric Nordstrom; photographs of the front
walkway at 36 Sunset Drive, in Ashburnham, MA (“the property”). In my review of the discovery,
Tapplied my education and experience as an architect, engineer, facilities manager, and walkway
auditor as they relate to the likelihood of a tenant tripping on abrupt changes in level in the stone
walkway, which also served as the primary egress route from the property. Specifically, as an 1
architect, I applied my education and experience with human factors in the built environment,
including human anthropometry, sensory and ambulation, and as an engincer, I applied my
education and experience with the mechanics of materials and assemblies and related construction
means and methods.
Tn summary, the defendants failed to properly construct, or otherwise adequately repair and
maintain the front walkway of the property in a condition safe for foreseeable tenant use.
Specifically, the defendants improperly constructed a fieldstone walkway such that there were
dangerously irregular, wide and abrupt changes in level in the walking surface. The defendants
failed to otherwise repair the hazardous condition by properly placing and compacting a stable
infill material around each stone so as to create a flush and even walking surface. In doing so, the
defendants also failed to meet the minimum requirements for the construction and continuous
maintenance of safe egress as prescribed by 105 CMR, Massachusetts Sanitary Code; 780 CMR,
Massachusetts Building Code; and 527 CMR, Massachusetts Fire Code.
As background, based on my review of the discovery in this case, the defendants purchased
the property in 2007, and began leasing the property to tenants approximately three years after
purchase. The front of the property pitched down from the street to the front door of the house,
and the street was connected to the front entrance of the house by a walkway approximately 50
feet (f1.) in length. Review of USGS topographical information for the region as well as satellite
imagery revealed that the slope of the walkway was approximately 6%. In the period of time
between purchasing and leasing the property, the defendants replaced an existing masonry brick
walkway between the house and the public way with a fieldstone walkway. According to the
testimony of Eric Nordstrom, the fieldstones were placed directly on the ground surface and the
joints between each stone was filled with stone dust. Review of the deposition transcripts and
photographs provided reveals that the stones of the walkway were not securely set on a suitable}
t
stable and impervious subbase; the stones were spaced apart as much as 4 inches (in.) in width;
and the stone dust joints had eroded away over time such that the surface of the stones were raised
at least 1 % in. above the surrounding joints.
As previously stated, the walkway was part of the tenant egress system for the property. Building ,
egress systems have three components: the exit access; the exit; and the exit discharge. The exit
discharge is the portion of the system between the exit and a public way. All components of a
means of egress would, in addition to aforementioned standards, also have to be continuously
maintained to the prescriptive requirements of the National Fire Protection Association (NFPA) 1
(aka The Comprehensive Fire Code), as adopted by the State of Massachusetts into 527 CMR; as
well as the prescriptive egress requirements contained in the International Residential Code (IRC)
and International Building Code (IBC) as adopted by 780 CMR. Specifically, 527 CMR requires
that properties are maintained to the egress requirements of 780 CMR. Based on the testimony,
either the 7" or 8" edition of 780 CMR was in effect at the time the walkway was constructed. As
such, analysis of the defective condition will consider both the edition of 780 in effect on the date
of injury (DOD), and the previous editions of 780 CMR during the likely construction period. Of
note, the applicable sections of 780 CMR did not change across the 7" and 8" editions. Lastly, on
the DOL, 527 CMR also referenced the technical standards contained in NFPA 101, The Life Safety
Code. In this case, on the DOI, the fieldstone walkway failed to meet the following codes and
industry standards:
527 CMR 14.1, Application: Means of egress in new and existing buildings shall comply
with [527 CMR] and [780 CMR]
527 CMR 14.4.1, Means of Egress Reliability: Means of egress shall be continuously
maintained free of all obstructions or impediments to full instant use in the case of fire or
other emergency
527 CMR 14.11.4, Components of Exit Discharge: Doors, stairs, ramps, corridors, exit
passageways, balconies, escalators, moving walks, and other components of an exit
discharge shall comply with [780 CMR]
'
NFPA 101 7.1.6.2, Changes in Elevation: Abrupt changes in elevation shall not exceed
‘in. Changes in elevation exceeding % in., but not exceeding ¥% in. shall be beveled.
Changes in elevation exceeding ¥% in. shall be considered a change in level and shall be
subject to the requirements for Changes in Level in Means of Egress (ramp or stairs)
1
780 CMR 1001.3, Maintenance: Means of egress shall be maintained to assure that al
required egress elements conform to the applicable requirements of 780 CMR 1
f
4
780 CMR 1003.4, Floor Surface: Walking surfaces of the means of egress shall have a
slip-resistant surface and be securely attached (According to the International Code
Council, the term floor surface applies to both interior and exterior walking surfaces)
ASTM 1637, Section 5.1.1: Walkways shall be stable, planar, flush, and even to the extent
possible
ASTM 1637, Section 5.1.2: Walkway surfaces for pedestrians shall be capable of safely
sustaining intended loads
ASTM 1637, Section 5.2, Walkway Changes in Level: Adjoining walkways surfaces shall
be made flush and fair; changes in level up to % in. may be vertical without edge treatment;
changes in level between % in. and % in. shall be beveled; changes in level greater than %
in. shall be transitioned by means of ramp or stairway that complies with applicable
building codes
ASTM 1637, Section 5.7, Exterior Walkways: Exterior walkway shall be maintained so
i
as to provide safe walking conditions
‘
Stone dust is commonly used to fill joints less than I in. in width in level stone walkways!
However, stone dust is non-cohesive, meaning the material has no bonding capacity regardless of
the amount of material used, or the degree of compaction applied. The non-cohesive properties of
the material make stone dust pervious, which is ideal for a joint filler in level walkways to aid with
drainage. In this case, due to the slope of the walkway and the construction of the, the non-
cohesive stone dust would have washed away with stormwater and snowmelt over time and, with
the erosion, exposed the abrupt, irregular edges of the field stones, At a 6% slope, and considering
the average annual precipitation of 45 in. in Massachusetts, the stone dust would have eroded at a
rate of approximately 4 in. per year. Based on the photographs taken shortly after the DOI, there
is clear evidence of stone dust build-up at the bottom of the sloped walkway consistent with
hydraulic erosion, and the depth of eroded joints is evidence that the dangerous condition existed
1
for several years leading up to and on the DOI.
Based on the slope of the walkway, the width of the joints between field stones, and the absence |1
of a subbase under the field stones, the defendants should have replaced the walkway with a flush
system such as pavers set on a raised, stable subbase (~ $5,000). Alternatively, the defendants
should have repaired the walkway such that the stones were closer together, and then filled the ;
joints with a polymeric sand or similar commercially available hardening filler (~ $800). The |1
hardening joint filler would have created a bonded joint which would have provided longer service
life under the hydrological conditions of the sloped walkway. While waiting to repair the joints
and bond the stones with a hardening joint filler, the defendants should have labored to refresh and
refill the joints with stone dust to eliminate the dangerously wide, deep, abrupt changes in level in
the walkway surface such that walkway was flush and fair. Had the defendants taken any of the
aforementioned actions, all of which were commercially available to them, Mr. Roy’s injuries
would more likely than not have been avoided.
J hereby certify on this 21% day of February, 2020, that this affidavit accurately states and
summarizes the subject matters, substance of the facts and opinions, and a summary of the grounds
of my opinions for which I expect to testify at trial within a reasonable degree of architectural and
engineering certainty.” '
Under the pains and penalties of perjury,
GEORGE MELCHIOR, R.A., P.E., LEED AP, WACH #183
GWM Consulting
601 Islington Street
Suite 202
Portsmouth, NH 03801
George W. Melchior, R.A., P.E., LEED AP
Voice: 603.828.8168.
Email: gwmelchior3@gmail.com |
Curriculum Vitae
AREAS OF EXPERTISE:
Building Codes and Standards
Facility Operations
Construction Safety
General Industry Safety
Construction Defects
Snow and Ice Maintenance
Interior/ Exterior Walking Surfaces & Stairways
Traffic Analysis
Structural Analysis
Building Life Safety Systems
Marine Engineering and Safety Systems
QUALIFICATIONS:
Registered Architect (RA)
Professional Engineer (PE)
ANSI/ NFSI Walkway Auditor Certificate Holder (WACH) #183
LEED Accredited Professional (LEED AP BD+C)
Advanced Snow Manager (ASM)
NH DES Certified Salt Applicator (per RSA 489-C}
Certified DAWIA Level Ill Facilities Engineer
LEAN/ Six Sigma Green Belt
OSHA Certification — Construction
OSHA Certification — General Industry
EM-385 Certification (DoD Construction Safety)
GWM Consulting
George W. Melchior, R.A., P.E., LEED AP
EDUCATION:
. Master: $s of Business Administration (Honors) 2007 — University of New Hampshite,
Durham, NH
Bachelor of Architecture (Honors) 1998 - Illinois Institute of Technology, Chicago,
IL
Bachelor of Science Civil Engineering (Honors) 1998 - Illinois Institute of
Technology, Chicago, IL
Minor in Naval Science 1998 - Illinois Institute of Technology, Chicago, IL
Naval Surface Warfare School - Naval Architecture and Marine Engineering
Systems 1999; 2002 - US Navy Surface Warfare School, Newport, RI
CONTINUING EDUCATION:
Navy Facilities Engineering 40-hour Construction Safety Certificate
OSHA Voluntary Protection Program Member {OSHA Star site)
Operation Risk Management (ORM) for Industrial Activities
Construction Contracting (Defense Acquisition University)
Construction Contract Law (Defense Acquisition University)
Snow and Ice Management Association [SIMA} Continuing Education
Green SnowPro — UNH Technology Training Center
AFFILIATI s
National Safety Council (NSC)
Snow and Ice Management Association (SIMA)
National Floor Safety Institute (NFS!)
llluminating Engineering Society (IES)
International CPTED Association (ICA)
Gait and Clinical Movement Analysis Society (GCMAS)
GWM Consulting
GeorgeW. Melchior, R.A., P.E., LEED AP
WORK EXPERIENCE:
SPITBANK DESIGN, November 2018 - Present Portsmouth, NH
. Design and Consultation - Architectural and engineering design for residential
commercial, and government markets; facility planning; facility assessments
walkway auditing; liability consulting
NAVY FACILITIES ENGINEERING COMMAND, May 2009 - November 2018 Kittery, ME
Construction Management - Responsible for design reviews; constructability,
reviews; cost and schedule analysis; safety oversight; and quality control for over
$100M in facility construction, utility, and civil works projects across the
northeastern U.S.
Health and Safety Managed robust facilities safety program in support of
current OSHA Volunteer Protection Program (VPP) Star status for a 200+ year old
heavy industrial nuclear shipyard. Responsible for prioritization, programming, |
and adjudication of more than 400 facility and installation-wide health and
safety deficiencies annually. Oversee construction risk and safety program in
support of $120M/year construction program
Facilities Management — Oversaw facilities management efforts for 20 military;
installations throughout the northeast. Responsibilities included planning; project
programming and development; code analysis; design review; construction’ {
safety and quality assurance; facilities assessments; OSHA compliance for
workplace safety; and facilities operations and maintenance, including sno S|
and ice management. Major occupancies included heavy industrial
manufacturing, global communications, military training, retail, tourism, storage’
and office. Total asset value for facilities under management exceeds $28. }t
Cultural Resources — Reviewed all projects, initiatives and real estate transactions
to ensure compliance with the Secretary of Interior's Standards for Historic
Preservation and associated mandates as prescribed by the Sections 103 and
106 of the National Historic Preservation Act (NHPA).
Architectural Branch Head - Managed architectural branch responsible to
multi-disciplinary design in support of $45M/ year in facilities construction
projects. Personally developed a variety of designs including: '
Renovation and addition (30KSF) to Waterfront Support Facility ($22M)
Adaptive Reuse of B-45; Nuclear Radiography and Quality Control ($9M)
Adaptive Reuse of B-178; Electrical Temporary Services Shop ($4.5M)
Interior Renovations & Repairs Nuclear Engineering Building ($5.0M)
Adaptive Reuse of H-21 for Survival School Barracks ($5.0M)
3
GWM Consulting
GeorgeW. Melchior, R.A., P.E., LEEDAP
Structural Analysis and Repairs to B-155 ($1.5M)
Structural Analysis and Repairs to Helix House Roof ($2.2M)
DFAS Limestone Parking Lot Lighting Design ($1.1M)
Cuiler B-100 and Power Plant Parking Lot Design ($1.3M)
Parking Garage Lighting Replacement (LED) ($625K)
Raleigh Square Bypass Road and Parking ($1.5M)
WALKER PARKING CONSULTANTS, March 2007 - May 2009 Boston, MA
. Parking Consultant — Provided consulting services to
private and various
municipal clients throughout the northeastern United
Consultation States.
included the areas of functional design: architectural and structural design;
code compliance; pedestrian safety: crime prevention; access control systems!
and operations and maintenance. Clients included:
City of Springfield, MA
City of Providence, RI
Maine Maritime Academy, ME
Bowdoin College, Brunswick, ME
Avalon Properties, New Haven, CT
Harvard University, Cambridge, MA
City of New Rochelle, NY
Gale International, Boston, MA
Project Manager — Responsible for functional, architectural and structural design
and construction administration of 15 parking structures throughout the United.
States and abroad. Aggregate construction value: $280M. Projects included:
° Westwood Station Phase 1/2: Mixed use (retail, office and residential)
development in Westwood, MA
. Project involved full design of 12 parking structures and associated
surface parking lots 4
Greenway Center: Mixed use (Retail, office and residential) development
in Boston, MA
= Project involved functional design and lighting design for multi- level
structured parking facility on intermediate floors of a mixed uss
mid-rise building on the "Greenway" t
Millyard-Seal Lot: Commercial parking structure and surface lot in
Manchester, NH
2 Project involved functional, architectural and structural design of a}
parking structure in historic Millyard district of Manchester, NH
Radcliffe Park: Multi-family residential complex in Shelton, CT
= Project involved functional, architectural, and lighting design for
multi-level parking structure
it
4 t
GWM Consulting
George W. Melchior, R.A., P-E., LEED AP
’
1
e roject Architect/Engineer — Performed integrated architectural and structural
design on 11 precast and casi-in-place concrete parking garages, and more
than a dozen building restoration projects, including structural retrofits and
building envelope repair. Projects included.
o MassArt: Surface and structured parking facility in Boston, MA
. Functional Design, Lighting Design, Signage
Ellicott Municipal Complex: Municipal complex in Ellicott City, MD
. Architectural, Structural and Lighting Design
HealthNet: Healthcare facilityin Shelton, CT
. Architectural and Structural Design
99 Chauncey Street: Building envelop repair in Boston, MA
. Architectural and Structural Design
‘
Legacy Place Parking structure for mixed-use retail development in
Dedham, MA ‘
. Structural Detailing, Lighting Design
Pheasant Lane Mall Restoration of retail parking facility (Target) in|
Nashua, NH
. Failure Analysis, Structural Design
Westwood Station Phase 1/2: Mixed use development in Westwood, MA
. Architectural, Functional Lighting and Signage Design for 12
parking structures and surface lots
1
US NAVY, Prior to March 2007 '
|
. Construction Manager — Managed design and construction projects ranging in
value from $150K to $25M. Responsible for all aspects of construction contract]
administration and management with specific emphasis on site safety and
quality assurance. Examples of projects managed include:
Power Plant Renovation and Addition ($25M)
750 Car Parking Garage ($12M)
DC Motor Generator Replacement ($5.5M)
Berth Repairs and Construction of Security Boat Depot ($4.5M)
Interior Renovations to Nuclear Quality Control Building ($4.5M)
Construct Indoor Shooting Range and Training Center ($3.5M)
Interior Renovations to Lifting and Handling Building {$3.5M)
Building Envelope Repairs to Material Testing Building ($3M)
Security Hardening of Controlled Industrial Area ($2M)
GWM Consulting
George W. Melchior, R.A., P.E., LEED AP
‘
« Military Engineer - Performed battle damage analyses during cone
operations; post-combat infrastructure assessments; engineering feasibility
studies; and provided construction oversight and management in hostile regions
of Fallujah, Najaf and Baghdad, Iraq
Surface Warfare Officer, US Navy - Engineering officer on several ships
responsible for engineering plant operations and maintenance for cogeneration
gas turbines, boilers, and diesel engine planis. Responsibilities included
shipboard safety at sea; fire fighting and damage control; engineering analysis}
troubleshooting; casualty control; maintenance scheduling; and personnel
management in support of safe navigation and plant operations and
maintenance. Qualified Surface Warfare Officer (SWO); and Engineering
Officer of the Watch (ECOW) on both gas turbine cogen plant, and diesel plant
‘siete M. Balin
* Richare{L Miller, I
fo
Paul Johnson
(also Aad in ME}
+ Zacha M. Ballin
{AlSo! Admitted in Ri}
JaredjN. Ballin
"February 25, 2020 tise mitted in Rl)
Civil Clerk’s Office.
4EG EIVED
Worcester Superior Court
Worcester Regional Judicial Center, Room’ 1008
8 27. 2020.
225 Main Street, 4 tt
Worcester, MA 01608
CLERK OF COURTS
‘
AWORCE STE et GOUNTY
RE: * Terry Ray v.v “Brig Nordstrom and Michelle Nordstrom’
Worcester* Superior Court C. A. No:: 1685CV00719 Cc
. |
Dear SifMadam:
Encloséd iis the following. document:
Plaintif’s Supplerent to the Joint: Pre- Trial Memorandum.
Thank. you.
4
Very truly yours,
auol1
(#8)
3 Jared N. Ballin
JNB/Ib
Enclosure |i
CC: Michelle A. Matisewicz, Esq. °
Court: Filing SUPP to Joint PreTrial Memo.wpd -
Tyree * A
i “he Oftoes ‘at Chestnut Green +16 Chestiut street, Suite 130° Foxborough, $9A.02035- 41454 if
Telephone: 508-543-: 3700 Fax 508- 543. 3080
Preview
>\o T COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss SUPERIOR COURT DEPARTMENT CIVIL ACTION NO.: 1685CV00719 AR to ica So tao ick aa Ra IR Ra oi ici ok TERRY ROY, PLLED Plaintiff Vv ERIC NORDSTROM and MICHELLE NORDSTROM, EB 27 2020 Defendants, FI I II OI IO SO IO II I I RO I kkk A ult, CLERK Al FFIDAVIT OF GEORGE MELCHIOR, R.A., P-E., LEED AP, WAC H “My name is George W. Melchior. I hold a Bachelor of Science in civil engineering, and a Bachelor of Architecture from the Illinois Institute of Technology; and I am a Registered Architect (R.A.) and Registered Professional Engineer (P.E.). Additionally, am a DAWIA Level Ill Certified Facilities Engineer with the Department of Defense, where served as both a military engineer and civilian architect and engineer, and was responsible for the design, construction and maintenance of numerous exterior walking surfaces including residential walkways. Additionally, Tam an ANSI/NFSI Walkway Auditor Certificate Holder (WACH #183), where I was trained in! the industry means and methods of walkway construction and testing, as well as the accepted| consensus industry standards for walkway safety. Presently, I provide architectural and 1 engineering services, including residential design services throughout New England. In preparation of this affidavit, I reviewed the following discovery: Deposition of Terry Roy; Deposition of Mark Sinkewich; Deposition of Eric Nordstrom; photographs of the front walkway at 36 Sunset Drive, in Ashburnham, MA (“the property”). In my review of the discovery, Tapplied my education and experience as an architect, engineer, facilities manager, and walkway auditor as they relate to the likelihood of a tenant tripping on abrupt changes in level in the stone walkway, which also served as the primary egress route from the property. Specifically, as an 1 architect, I applied my education and experience with human factors in the built environment, including human anthropometry, sensory and ambulation, and as an engincer, I applied my education and experience with the mechanics of materials and assemblies and related construction means and methods. Tn summary, the defendants failed to properly construct, or otherwise adequately repair and maintain the front walkway of the property in a condition safe for foreseeable tenant use. Specifically, the defendants improperly constructed a fieldstone walkway such that there were dangerously irregular, wide and abrupt changes in level in the walking surface. The defendants failed to otherwise repair the hazardous condition by properly placing and compacting a stable infill material around each stone so as to create a flush and even walking surface. In doing so, the defendants also failed to meet the minimum requirements for the construction and continuous maintenance of safe egress as prescribed by 105 CMR, Massachusetts Sanitary Code; 780 CMR, Massachusetts Building Code; and 527 CMR, Massachusetts Fire Code. As background, based on my review of the discovery in this case, the defendants purchased the property in 2007, and began leasing the property to tenants approximately three years after purchase. The front of the property pitched down from the street to the front door of the house, and the street was connected to the front entrance of the house by a walkway approximately 50 feet (f1.) in length. Review of USGS topographical information for the region as well as satellite imagery revealed that the slope of the walkway was approximately 6%. In the period of time between purchasing and leasing the property, the defendants replaced an existing masonry brick walkway between the house and the public way with a fieldstone walkway. According to the testimony of Eric Nordstrom, the fieldstones were placed directly on the ground surface and the joints between each stone was filled with stone dust. Review of the deposition transcripts and photographs provided reveals that the stones of the walkway were not securely set on a suitable} t stable and impervious subbase; the stones were spaced apart as much as 4 inches (in.) in width; and the stone dust joints had eroded away over time such that the surface of the stones were raised at least 1 % in. above the surrounding joints. As previously stated, the walkway was part of the tenant egress system for the property. Building , egress systems have three components: the exit access; the exit; and the exit discharge. The exit discharge is the portion of the system between the exit and a public way. All components of a means of egress would, in addition to aforementioned standards, also have to be continuously maintained to the prescriptive requirements of the National Fire Protection Association (NFPA) 1 (aka The Comprehensive Fire Code), as adopted by the State of Massachusetts into 527 CMR; as well as the prescriptive egress requirements contained in the International Residential Code (IRC) and International Building Code (IBC) as adopted by 780 CMR. Specifically, 527 CMR requires that properties are maintained to the egress requirements of 780 CMR. Based on the testimony, either the 7" or 8" edition of 780 CMR was in effect at the time the walkway was constructed. As such, analysis of the defective condition will consider both the edition of 780 in effect on the date of injury (DOD), and the previous editions of 780 CMR during the likely construction period. Of note, the applicable sections of 780 CMR did not change across the 7" and 8" editions. Lastly, on the DOL, 527 CMR also referenced the technical standards contained in NFPA 101, The Life Safety Code. In this case, on the DOI, the fieldstone walkway failed to meet the following codes and industry standards: 527 CMR 14.1, Application: Means of egress in new and existing buildings shall comply with [527 CMR] and [780 CMR] 527 CMR 14.4.1, Means of Egress Reliability: Means of egress shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency 527 CMR 14.11.4, Components of Exit Discharge: Doors, stairs, ramps, corridors, exit passageways, balconies, escalators, moving walks, and other components of an exit discharge shall comply with [780 CMR] ' NFPA 101 7.1.6.2, Changes in Elevation: Abrupt changes in elevation shall not exceed ‘in. Changes in elevation exceeding % in., but not exceeding ¥% in. shall be beveled. Changes in elevation exceeding ¥% in. shall be considered a change in level and shall be subject to the requirements for Changes in Level in Means of Egress (ramp or stairs) 1 780 CMR 1001.3, Maintenance: Means of egress shall be maintained to assure that al required egress elements conform to the applicable requirements of 780 CMR 1 f 4 780 CMR 1003.4, Floor Surface: Walking surfaces of the means of egress shall have a slip-resistant surface and be securely attached (According to the International Code Council, the term floor surface applies to both interior and exterior walking surfaces) ASTM 1637, Section 5.1.1: Walkways shall be stable, planar, flush, and even to the extent possible ASTM 1637, Section 5.1.2: Walkway surfaces for pedestrians shall be capable of safely sustaining intended loads ASTM 1637, Section 5.2, Walkway Changes in Level: Adjoining walkways surfaces shall be made flush and fair; changes in level up to % in. may be vertical without edge treatment; changes in level between % in. and % in. shall be beveled; changes in level greater than % in. shall be transitioned by means of ramp or stairway that complies with applicable building codes ASTM 1637, Section 5.7, Exterior Walkways: Exterior walkway shall be maintained so i as to provide safe walking conditions ‘ Stone dust is commonly used to fill joints less than I in. in width in level stone walkways! However, stone dust is non-cohesive, meaning the material has no bonding capacity regardless of the amount of material used, or the degree of compaction applied. The non-cohesive properties of the material make stone dust pervious, which is ideal for a joint filler in level walkways to aid with drainage. In this case, due to the slope of the walkway and the construction of the, the non- cohesive stone dust would have washed away with stormwater and snowmelt over time and, with the erosion, exposed the abrupt, irregular edges of the field stones, At a 6% slope, and considering the average annual precipitation of 45 in. in Massachusetts, the stone dust would have eroded at a rate of approximately 4 in. per year. Based on the photographs taken shortly after the DOI, there is clear evidence of stone dust build-up at the bottom of the sloped walkway consistent with hydraulic erosion, and the depth of eroded joints is evidence that the dangerous condition existed 1 for several years leading up to and on the DOI. Based on the slope of the walkway, the width of the joints between field stones, and the absence |1 of a subbase under the field stones, the defendants should have replaced the walkway with a flush system such as pavers set on a raised, stable subbase (~ $5,000). Alternatively, the defendants should have repaired the walkway such that the stones were closer together, and then filled the ; joints with a polymeric sand or similar commercially available hardening filler (~ $800). The |1 hardening joint filler would have created a bonded joint which would have provided longer service life under the hydrological conditions of the sloped walkway. While waiting to repair the joints and bond the stones with a hardening joint filler, the defendants should have labored to refresh and refill the joints with stone dust to eliminate the dangerously wide, deep, abrupt changes in level in the walkway surface such that walkway was flush and fair. Had the defendants taken any of the aforementioned actions, all of which were commercially available to them, Mr. Roy’s injuries would more likely than not have been avoided. J hereby certify on this 21% day of February, 2020, that this affidavit accurately states and summarizes the subject matters, substance of the facts and opinions, and a summary of the grounds of my opinions for which I expect to testify at trial within a reasonable degree of architectural and engineering certainty.” ' Under the pains and penalties of perjury, GEORGE MELCHIOR, R.A., P.E., LEED AP, WACH #183 GWM Consulting 601 Islington Street Suite 202 Portsmouth, NH 03801 George W. Melchior, R.A., P.E., LEED AP Voice: 603.828.8168. Email: gwmelchior3@gmail.com | Curriculum Vitae AREAS OF EXPERTISE: Building Codes and Standards Facility Operations Construction Safety General Industry Safety Construction Defects Snow and Ice Maintenance Interior/ Exterior Walking Surfaces & Stairways Traffic Analysis Structural Analysis Building Life Safety Systems Marine Engineering and Safety Systems QUALIFICATIONS: Registered Architect (RA) Professional Engineer (PE) ANSI/ NFSI Walkway Auditor Certificate Holder (WACH) #183 LEED Accredited Professional (LEED AP BD+C) Advanced Snow Manager (ASM) NH DES Certified Salt Applicator (per RSA 489-C} Certified DAWIA Level Ill Facilities Engineer LEAN/ Six Sigma Green Belt OSHA Certification — Construction OSHA Certification — General Industry EM-385 Certification (DoD Construction Safety) GWM Consulting George W. Melchior, R.A., P.E., LEED AP EDUCATION: . Master: $s of Business Administration (Honors) 2007 — University of New Hampshite, Durham, NH Bachelor of Architecture (Honors) 1998 - Illinois Institute of Technology, Chicago, IL Bachelor of Science Civil Engineering (Honors) 1998 - Illinois Institute of Technology, Chicago, IL Minor in Naval Science 1998 - Illinois Institute of Technology, Chicago, IL Naval Surface Warfare School - Naval Architecture and Marine Engineering Systems 1999; 2002 - US Navy Surface Warfare School, Newport, RI CONTINUING EDUCATION: Navy Facilities Engineering 40-hour Construction Safety Certificate OSHA Voluntary Protection Program Member {OSHA Star site) Operation Risk Management (ORM) for Industrial Activities Construction Contracting (Defense Acquisition University) Construction Contract Law (Defense Acquisition University) Snow and Ice Management Association [SIMA} Continuing Education Green SnowPro — UNH Technology Training Center AFFILIATI s National Safety Council (NSC) Snow and Ice Management Association (SIMA) National Floor Safety Institute (NFS!) llluminating Engineering Society (IES) International CPTED Association (ICA) Gait and Clinical Movement Analysis Society (GCMAS) GWM Consulting GeorgeW. Melchior, R.A., P.E., LEED AP WORK EXPERIENCE: SPITBANK DESIGN, November 2018 - Present Portsmouth, NH . Design and Consultation - Architectural and engineering design for residential commercial, and government markets; facility planning; facility assessments walkway auditing; liability consulting NAVY FACILITIES ENGINEERING COMMAND, May 2009 - November 2018 Kittery, ME Construction Management - Responsible for design reviews; constructability, reviews; cost and schedule analysis; safety oversight; and quality control for over $100M in facility construction, utility, and civil works projects across the northeastern U.S. Health and Safety Managed robust facilities safety program in support of current OSHA Volunteer Protection Program (VPP) Star status for a 200+ year old heavy industrial nuclear shipyard. Responsible for prioritization, programming, | and adjudication of more than 400 facility and installation-wide health and safety deficiencies annually. Oversee construction risk and safety program in support of $120M/year construction program Facilities Management — Oversaw facilities management efforts for 20 military; installations throughout the northeast. Responsibilities included planning; project programming and development; code analysis; design review; construction’ { safety and quality assurance; facilities assessments; OSHA compliance for workplace safety; and facilities operations and maintenance, including sno S| and ice management. Major occupancies included heavy industrial manufacturing, global communications, military training, retail, tourism, storage’ and office. Total asset value for facilities under management exceeds $28. }t Cultural Resources — Reviewed all projects, initiatives and real estate transactions to ensure compliance with the Secretary of Interior's Standards for Historic Preservation and associated mandates as prescribed by the Sections 103 and 106 of the National Historic Preservation Act (NHPA). Architectural Branch Head - Managed architectural branch responsible to multi-disciplinary design in support of $45M/ year in facilities construction projects. Personally developed a variety of designs including: ' Renovation and addition (30KSF) to Waterfront Support Facility ($22M) Adaptive Reuse of B-45; Nuclear Radiography and Quality Control ($9M) Adaptive Reuse of B-178; Electrical Temporary Services Shop ($4.5M) Interior Renovations & Repairs Nuclear Engineering Building ($5.0M) Adaptive Reuse of H-21 for Survival School Barracks ($5.0M) 3 GWM Consulting GeorgeW. Melchior, R.A., P.E., LEEDAP Structural Analysis and Repairs to B-155 ($1.5M) Structural Analysis and Repairs to Helix House Roof ($2.2M) DFAS Limestone Parking Lot Lighting Design ($1.1M) Cuiler B-100 and Power Plant Parking Lot Design ($1.3M) Parking Garage Lighting Replacement (LED) ($625K) Raleigh Square Bypass Road and Parking ($1.5M) WALKER PARKING CONSULTANTS, March 2007 - May 2009 Boston, MA . Parking Consultant — Provided consulting services to private and various municipal clients throughout the northeastern United Consultation States. included the areas of functional design: architectural and structural design; code compliance; pedestrian safety: crime prevention; access control systems! and operations and maintenance. Clients included: City of Springfield, MA City of Providence, RI Maine Maritime Academy, ME Bowdoin College, Brunswick, ME Avalon Properties, New Haven, CT Harvard University, Cambridge, MA City of New Rochelle, NY Gale International, Boston, MA Project Manager — Responsible for functional, architectural and structural design and construction administration of 15 parking structures throughout the United. States and abroad. Aggregate construction value: $280M. Projects included: ° Westwood Station Phase 1/2: Mixed use (retail, office and residential) development in Westwood, MA . Project involved full design of 12 parking structures and associated surface parking lots 4 Greenway Center: Mixed use (Retail, office and residential) development in Boston, MA = Project involved functional design and lighting design for multi- level structured parking facility on intermediate floors of a mixed uss mid-rise building on the "Greenway" t Millyard-Seal Lot: Commercial parking structure and surface lot in Manchester, NH 2 Project involved functional, architectural and structural design of a} parking structure in historic Millyard district of Manchester, NH Radcliffe Park: Multi-family residential complex in Shelton, CT = Project involved functional, architectural, and lighting design for multi-level parking structure it 4 t GWM Consulting George W. Melchior, R.A., P-E., LEED AP ’ 1 e roject Architect/Engineer — Performed integrated architectural and structural design on 11 precast and casi-in-place concrete parking garages, and more than a dozen building restoration projects, including structural retrofits and building envelope repair. Projects included. o MassArt: Surface and structured parking facility in Boston, MA . Functional Design, Lighting Design, Signage Ellicott Municipal Complex: Municipal complex in Ellicott City, MD . Architectural, Structural and Lighting Design HealthNet: Healthcare facilityin Shelton, CT . Architectural and Structural Design 99 Chauncey Street: Building envelop repair in Boston, MA . Architectural and Structural Design ‘ Legacy Place Parking structure for mixed-use retail development in Dedham, MA ‘ . Structural Detailing, Lighting Design Pheasant Lane Mall Restoration of retail parking facility (Target) in| Nashua, NH . Failure Analysis, Structural Design Westwood Station Phase 1/2: Mixed use development in Westwood, MA . Architectural, Functional Lighting and Signage Design for 12 parking structures and surface lots 1 US NAVY, Prior to March 2007 ' | . Construction Manager — Managed design and construction projects ranging in value from $150K to $25M. Responsible for all aspects of construction contract] administration and management with specific emphasis on site safety and quality assurance. Examples of projects managed include: Power Plant Renovation and Addition ($25M) 750 Car Parking Garage ($12M) DC Motor Generator Replacement ($5.5M) Berth Repairs and Construction of Security Boat Depot ($4.5M) Interior Renovations to Nuclear Quality Control Building ($4.5M) Construct Indoor Shooting Range and Training Center ($3.5M) Interior Renovations to Lifting and Handling Building {$3.5M) Building Envelope Repairs to Material Testing Building ($3M) Security Hardening of Controlled Industrial Area ($2M) GWM Consulting George W. Melchior, R.A., P.E., LEED AP ‘ « Military Engineer - Performed battle damage analyses during cone operations; post-combat infrastructure assessments; engineering feasibility studies; and provided construction oversight and management in hostile regions of Fallujah, Najaf and Baghdad, Iraq Surface Warfare Officer, US Navy - Engineering officer on several ships responsible for engineering plant operations and maintenance for cogeneration gas turbines, boilers, and diesel engine planis. Responsibilities included shipboard safety at sea; fire fighting and damage control; engineering analysis} troubleshooting; casualty control; maintenance scheduling; and personnel management in support of safe navigation and plant operations and maintenance. Qualified Surface Warfare Officer (SWO); and Engineering Officer of the Watch (ECOW) on both gas turbine cogen plant, and diesel plant ‘siete M. Balin * Richare{L Miller, I fo Paul Johnson (also Aad in ME} + Zacha M. Ballin {AlSo! Admitted in Ri} JaredjN. Ballin "February 25, 2020 tise mitted in Rl) Civil Clerk’s Office. 4EG EIVED Worcester Superior Court Worcester Regional Judicial Center, Room’ 1008 8 27. 2020. 225 Main Street, 4 tt Worcester, MA 01608 CLERK OF COURTS ‘ AWORCE STE et GOUNTY RE: * Terry Ray v.v “Brig Nordstrom and Michelle Nordstrom’ Worcester* Superior Court C. A. No:: 1685CV00719 Cc . | Dear SifMadam: Encloséd iis the following. document: Plaintif’s Supplerent to the Joint: Pre- Trial Memorandum. Thank. you. 4 Very truly yours, auol1 (#8) 3 Jared N. Ballin JNB/Ib Enclosure |i CC: Michelle A. Matisewicz, Esq. ° Court: Filing SUPP to Joint PreTrial Memo.wpd - Tyree * A i “he Oftoes ‘at Chestnut Green +16 Chestiut street, Suite 130° Foxborough, $9A.02035- 41454 if Telephone: 508-543-: 3700 Fax 508- 543. 3080