Schoolcraft v. The City Of New York et al

Filing 298

DECLARATION of Suzanna P. Mettham in Support re: 297 MOTION for Summary Judgment .. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR)(Shaffer, Ryan)

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UNTTED STATES DISTRTCT COURT
SOUTHERN DISTRICT OF NEW YORK

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ADRTAN SCHOOI.CRAFT,

PIaíntiff

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Case No:
10 cv 06005

agains t

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THE CrTY OF NEril YORK, ET AL.

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Defendants.

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111 Broadway
New York, New York

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May 15, 20L4
10:28 a m.

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DEPOSITION OF SALV.A'TORE SANGENITI, pursuant t'o
Notice, taken at the above p1ace, date and
time, before DENISE ZIVKU, a Notary Public
within and for the State of New York.

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APPEARANCES
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NATHANIEL B. SMITH, ESQ.
AttorneYs for PLaintiff
111 BroadwaY
New Yo rk , New York 10006

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JOHN LENOIR I ESQ'

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Attorneys for PLaint'íff
829 Third St'reet NE
YÍashington, D. C. 20O02
NEW YORK CITY I.AW DEPARTMENT
OFFICE OF CORPORATION COUNSEL

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Attorneys for Defendant
T HE C I TY OF NEW YORK
100 Church Street
New York, New York 10007
BY :
SUZANNå' PUBLICKER METTHAM, ESQ.

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SCOPPEITA SEIFF KRETZ & å,BERCROMBTE

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Attorneys

for

Defendant

STEVEN MAURIELLO

BY:

444 Madison Avenue
New York, New York L0022
WALTER A. KRETZf JR., ESQ.

rvoNE, DEVTNE & ,JENSEN, LLP
Attorneys for Defendant
DR. ISAK ISAKOV
200L Marcus J\venue
Lake SucceEsr New York
BY: BRIAN LEE, ESQ.
(Continued.

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(Continued.

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, KOS TER , BRADY & BRENNAN , LLP
Attorneys for Defendant
DR. I,ILIAN AT.,DANA-BERNIER
Street
One Whitehall
New York, New York 10004
BY: STEFANI MII,LER' ESQ.
CALLAN

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MARTIN CLEARWATER & BELL, LLP
Attorneys for Defendant
JAMATCA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, New York 10017
BY: GREGORY ,J. RADOMISLI, ESQ.

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S T T P U L A T I O N S:
IT IS HEREBY SÍTPULATED AND AGREED bY
and between the aÈtorneys for the resPective
parties hereto, that this examination may be
sworn to before any Notary PubLic.

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IT TS FURTHER STIPULATED AND AGREED
of the saíd
and certifícation
that the fiting
examinatíon shall be waived.

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rT IS FURTHER STIPULATED AND AGREED
t,hat all objections to questions, except as to
the form of the question, shall be reserved
for the time of tríal.

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a.
depositíon
A.

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Yes.

: And we are at the my
at 111 BroadwaY. Itrs May 15,

MR

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This is the videotaPed
of SaI Sangeniti.

office
20L4.

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MR. RADOMISLI: I just want to
state pursuant to the Federal RuJ-es, we
reserve the right to review and correct
and also,
transcript
the deposition
The
a videotaPed dePosition.
it's
just happens to be yourre
deposition
ít.
videotaping
Understood.
MR. SMITH: Right.
the deposition and the
I am videotaping
court reporter ís here taking the
deposition.
TIouId you mind swearing in the
witness.
S A N G E N I T I, a
SA L V A T ORE
Ïilitness herein, having been f irst duJ.y sworn
by a Notary Public within and for the State
as
of New York, was examined and testified
foLLows:
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fÍhat is emergency management?
A.
Overseeing it would take like
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and break it down
mass casualty incidents
and give you what you needed to do while at
the scene of these assignments.
llhen did You graduate high
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schooL?

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A.

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1978.

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didn ' t
MR. RADOMI SLI :
graduate high school.
Oh, I rm sorrY, I didn' t graduate
A.
high school.
OkaY. What was
Oh, I rm sorry.
9.
your
after you finished your course of
studying as a young person, what ltas your
form of employment?
first
HeaL th and Ho sPi t'aL s
A.

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Corporation.

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Is it fair to saY Your first
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gaínfuJ. work was an EMT?
As
A.
Yeah .

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Yes?

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A.

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A.

Vühat kind of traíning

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have in order to get that Position?
You needed to attend an
A.
course.
emergency medical technician
And you did?
A.
1980.
r did.
A.
You passed that course in 1980?
A.

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Yes.

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A.

And what did You do from 1980 to

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A.

Probably numerous jobs.
As an EMT or other things?
Other things.
Can you teLL me what those oÈher

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jobs were?
I worked
A.
T worked ín a bakery,
for a security company at Kennedy Airport.
Thatrs probably what I
guard at
Were you a security
a

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We did t,he screening f:" to get
That rvas prior to TSA.
onto the plane.

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edy

?

A.

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Q.

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actively

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A.
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And then ín 1984 you started
working as an EMT?
Yes.
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!ùere poJ.ice vehicles,
Pâtrol cars, ESU
trucks.
What are ,IimmYs?
A.
Blazers' I'; sorry.
A.
Is that a four-wheel uPright
A.

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vehicle?
A.

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the ESU
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t,he

I thínk so, Yes.
?Íhat kinds of trucks, other than
trucks were at, the scene?
Just the Patro1 cars.
How many ESU vehicles were at

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I think just, one.
Did you see any ESU personnel

A.

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Q.

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the scene?
A.

A.

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s treet?

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I saw one ESU offi cer
How was that one ESU officer
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atti red?

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In uniform.
Did you see civilians

on t,he

No.

What tíme of the day or even i ng
when you got there?
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MR.

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You could

Iook

at records.

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RADOMISLI:

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Yeah, if

you want to look at the

PCR

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So 9:00.
9:06.
About 9:00 you got to the scene?
A.
A.
Correct.
Vühen you go t to the scêne, you
A.
about what kind of
realJ.y had no information
circumstances or sit'uaÈion You we re
responding to, right?
It was an unknown
CorrecÈ.
A.
Thatts what, came over the
condition.

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terminal.

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unknown

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Itt s whatever is
Oh, sure.
A.
conveyed to the 911 operator.
When you got to the scene where
A.
did you park?
By the corner of MYrtJ.e Avenue
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and II PLace.
How long was the drive from
A.
where you were at when you got t'he

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Is that

common to get, an

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retake it?
A.
A.

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Oh, sure '
It hapPens frequentlY?
MR. RADOMI SLI : Obj ection
It haPPens.
Does it haPPen that the reason
is because
numbers seem different
a hard time hearing?
.

A.
Q.
why the
you had
A.

No.

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No. Then why is it imPortant
A.
that the room be quiet?
It assists You in evaluating the
A.
condition.
So if a radio was bJ-aring ín the
A.
background while you're taking blood
pressure, that would int,erf ere with your
Èo hear or t'ake a blood pressure
ability

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readirg,

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right?
MR. RADOMISLI :

Objection.

Yes.

ÏÍhat blood Pressure reading did
A.
you get from Officer SchooLcraft?
Like 160 over L2O.
A.
The record should refLect that
A.
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yourre looking at the second page of the
and you're looking at assessment for the
assessment; is that
of the initial
first

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right?

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PCR

A.

Correct.
here todaY,
You don' t, sitting
A.
remember getting that reading, youtre just
reJ.ying on the PCR ' right'?
Correct.
A.
OÈher than getting the toP and
A.
bottom number, what else did you do when you
!ùere taking Schoolcraf trs vitals?
His puJ.se, taking his PuJ-se, his
A.
to his 1ungs.
listening
respiraùion,
to his lungs?
Did You listen
A.
r díd.
Did you take his Pulse?
A.
r did.
A.
Are t,hese readings here , L2O f or
A.
the readings
pulse and 20 for respiration,
that you got?
Yes.
A.
Did you make those entries on
A.
this chart?
A.

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document is aLl Marquez?
Correct.
A.
None of it's Yours?
A.
Correct.
A.
Tihat does the blood Pressure
A.
reading of 160 over L2O mean to You?
not
Person's in hyPertensive
A.
crisis.
reaJ.Iy hypertensive
Tühat doeE that' mean?
A.
normal blood Pressure is
It's
A.
110 over 70, L20 over 80, 160
approximately
high.
over L2O is a líttle
Is that an emergency situation?
9.
We vrere there so r Yeah r sure
A.
No, I didn't ask You about that.
A.
Is that condition,
A.
Yes.
So 160 over LzO is an emergency
A.
.

situation?
A.

Yes.

Does, in Your experience, a
A.
blood pressute reading Like that require you
immediately take the person to the hospital?
After evaLuation, Yes.
A.
Did you take SchooLcraft Èo the
A.
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No.

Díd You telL anYbodY at the
A.
had to go to
scene that Officer Schoolcraft
against his wiIl?
the hospital
No.
A.
Other than the suggestions t'hat
A.
that he ought to
you made to the Schoolcraft
go to the hospitaL, âs indicaÈed on the tape
recording you just Iistened to, did you tell
anybody eLse at the Ecene that Officer
SchooLcraft had t9 go to the hospital?
MR. RADOMISLI: Objection to
f orm.

A.
indivíduaI.

Lieutenant

Hanlon ltas the onlY

You toLd her that he had to go
A.
to the hospital?
MR. RADOMISLI: Objection to

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Yes.

Vfhen did You teII her that?
A.
afÈer evaluating
WhiLe I was
A.
him for his bLood Pressure.
Did you hear Yourself saYing
A.
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