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Pelak v. Indiana Industrial Services7/25/2005
spect your work or the work of Indiana Industrial?
A: No, they have no responsibility.
Q: Did you sometimes see [Paul Zale] in the area at all?
A: Yes, I would.
Q: Did he ever give you any instructions as to how he wanted things done differently than you were doing them?
A: No, he did not.
(Appellants' Supp. App. at 302-03, 305-06, 311-12, 319.)
Pearson denies having control of the work area, including the temporary bar grating, when the work was being performed. In his deposition testimony, Pearson industrial engineer Paul Zale testified in relevant part:
Q: Okay. Was there somebody in charge of safety within the Pearson facility at the time of the incident?
A: Yes, we have a safety person at all of our facilities.
Q: Who would that person have been?
A: Sherry Reece.
Q: And what were her job responsibilities, as you understand them?
A: She is HR manager and safety manager.
Q: And what does the safety manager do at Pearson?
A: Making sure that Pearson complies with OSHA regulations[.]
Q: Okay. To your knowledge, who was the person at Pearson most closely involved with the actual installation of this conveyor system?
A: Myself.
Q: Okay. How often were you checking on this installation?
A: Daily.
Q: And did you talk to Pete Malloy?
A: Yes.
Q: And did you also talk to people from IIS?
A: On rare occasions. If there was -- they left stuff on the floor that needed to be cleaned up or if they had put product where we actually needed to be working, if I were passing them and they were closer than Pete, would I tell them, you know, you need to move this. But that would be my extent. If there was something that was more critical or pertained to the job , other than, you know loose ends here and there, I would talk to Pete directly.
Q: . . . Did you have any discussions . . . with anyone at Rapistan or at IIS about these elevated walkways or catwalks or gratings, as we have been discussing?
A: Permanent gratings and permanent mezzanine structures, yes.
Temporary, no.
Q: Okay. So you never discussed with IIS its use of these movable non-affixed gratings?
Q: Okay. Now, when you were over there on this project, did you ever see your safety person over there supervising, observing, checking on the safety issues in that area?
A: No.
Q: Have you ever discussed this with her to see if she had done any of that?
A: No.
Q: Was there somebody that you understood, at IIS, who was in charge of safety?
A: I would assume it would be the site supervisor. (Id. at 82, 83, 87) (footnote added).
In his deposition, Pelak testified in relevant part:
Q: Okay. How many times that day would you say you had crossed that 2 -- to 3 foot gap before the fall?
A: Maybe three.
Q: Were Pete Guzier and Pete -- Guzier, is that --
A: Guzier.
Q: -- Guzier and Pete Malloy also up on the catwalk with you at any time?
A: Yes they were.
Q: Did they spend the bulk of the day up there as well?
A: No. No. They familiarized me with the unit and then I was pretty much left on my own to -- to work. (Id. at 130.)
Finally, Bruce Cunningham, IIS's project manager, testified in relevant part:
Q: Did any employees of Pearson help in the inst
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