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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Civil Action, File Number: 2:05-cv-1661

Michael J. Liberati :

:

Plaintiff, :

v. :

: PROPOSED JURY

BRT, INC. : VOIR DIRE

: QUESTIONS

and :

:

Harold Mast, President :

BRT, INC. :

:

Defendants. :

PLAINTIFF’SPROPOSEDJURYVOIRDIREQUESTIONS

The plaintiff requests that the following voir dire questions be asked of the

prospective jurors in addition to any standard questions asked by the Court.

1. Did any members of the jury panel know one another before assembling for this

jury panel? If so, in what way?

2. Have you ever served previously as a member of a trial jury? If so, when and in

which court? Was it on a civil or criminal case? Were you allowed to reach a

verdict? What was the outcome of the trial? Have you ever served as a

foreperson on a jury? Was there anything about your experience on a jury that

would make it difficult for you to sit on this jury?

3. Do you know defendant Harold K. Mast? If so, in what way?

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4. Do you know anyone who is presently or has been formerly employed by BRT,

Inc.? If so, who is it that you know and in what way are you acquainted with that

person?

5. Do you know plaintiff Michael J. Liberati or his wife, Deborah? If so, in what

way?

6. Do you know John Vanande? If so, in what way?

7. Do you know Jan Thies? If so, in what way?

8. Do you know Jason C. Waters? If so, in what way?

9. Do you know Daniel Lamar Mast? If so, in what way?

10. Do you know Wayne Eugene Lapp? If so, in what way?

11. Do you know Dr. Daniel B. Block, psychiatrist? If so, in what way?

12. Do you know Daniel Robbins? If so, in what way?

13. Do you know any of the attorneys in this case, John Neumann Hickey or Michael

J. Croncenzi? If so, in what way?

14. Do you know any attorney that may be associated with the firm Goldberg

Katzman located in Harrisburg, Pennsylvania?

15. Do you know any attorney that may be associated with the law firm of John

Neumann Hickey in Media, Pennsylvania?

16. This is a case filed by the plaintiff, Michael J. Liberati, claiming that he was

illegallydischargedinviolationoftheAmericans’withDisabilitiesActbecause

he was regarded as disabled by his employers, BRT, Inc., a Pennsylvania

Trucking Company. The plaintiff also claims that the defendants violated the

Americans’withDisabilitiesActwhentheydidnotprovidehimwithreasonable

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accommodations for his disabilities of Attention Deficit Disorder or ADD/ADHD.

The plaintiff claims that the defendants made no attempt to discuss with him any

reasonable accommodations that could be made for his disabilities after he

requested a quieter place in which to perform his routing and dispatching duties at

the BRT, Inc. trucking company. Are any of you familiar with the Americans’

with Disabilities Act? Do you know of any cases that have been filed under the

Americans’withDisabilitiesAct? Howdidyoubecomeawareofsuchcases?

What is your opinion with regard to the ADA cases with which you are familiar?

Have you formedanyopinionsabouttheAmericans’withDisabilitiesAct?Ifso,

what is/are your opinion(s)?

17. Do you or anyone with whom you are familiar suffer from any type of disability

or illness? If so, please explain?

18. Are you familiar with the disability of Attention Deficit Disorder or Attention

Deficit Hyperactive Disorder? What do you know about these disabilities? How

did you become familiar with these disabilities? Do you, a friend or a family

member suffer from ADD or ADHD? How was the disability diagnosed? Have

you formed any opinions about ADD/ADHD? What are they? Have you formed

any opinions about ADD or ADHD that would make it difficult for you to sit

impartially on this jury?

19. Do you, a friend or a family member suffer from any type of mental, cognitive or

emotional disability, disorder or illness? What is the disability, disorder or

illness? What difficulties have you or the person who has the disability, disorder

or illness suffered?

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20. Have you, a friend or a relative ever visited a psychiatrist? Under what

circumstances? What opinions do you hold with regard to psychiatric treatment?

Are you aware of the training and education of an M.D. psychiatrist? What about

a psychologist?

21. What is your present employment and if you are not presently employed what

employment positions have you held in the past?

22. Do you employ other persons? If so, what opinions do you have with regard to

the anti-discrimination statutes? Have you ever been accused of violating any of

the anti-discrimination statutes? Which ones? What were the circumstances

surrounding the accusation(s)?

23. Have you or a friend or relative ever been charged or accused of discriminatory

conduct in any court or by any government agency?

24. Are you employed in management? For what company? How many employees

do you oversee? What are your opinions with regard to the anti-discrimination

statutes?

25. Do you think that some people use the claim of discrimination as an excuse for

their own shortcomings? Why?

26. Do you believe that disabled people or people who suffer from various

disorders/illnesses complain too much about discrimination? Why?

27. Do you think that it is reasonable and right for a person to be able to request

reasonable accommodation when they are disabled or regarded as disabled by

their employers? Why? Why Not?

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28. Do you think providing reasonable accommodations for employees under the

Americans’withDisabilitiesActputstoomuchofaburdenonemployers?Why?

Why Not?

29. If you are an employer have you ever been asked to provide reasonable

accommodation to an employee? Describe the circumstances relating to the

request. What did you do? Did you feel that you should have been required to

provide reasonable accommodation? Why or why not?

30. What social, civic, fraternal or political organizations are you a member of? Have

you, a friend or relative, ever belonged to a social, civic, political, or fraternal

organization or club that restricts membership? What were the restrictions? Why

were you a member? At the time you became involved with the group; did you

know of the restrictions?

31. Do you listen to any radio or TV talk programs? If so, who is the host of that

program?

Respectfully Submitted,

SIGNATURE CODE: SAZ4759

s/Sharon Ann Ziegler, Esq.

SHARON ANN ZIEGLER, ESQ.

5118 Foxfire Trail

Kingsport, TN 37664

JOHN NEUMANN HICKEY, ESQ.

20 West Front Street

Media, PA 19063

Attorneys for Plaintiff

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CERTIFICATE OF SERVICE

I, Sharon Ann Ziegler, Esq., the undersigned and attorney of record for the

plaintiff in the case Liberati v. BRT, Inc. et al., Civil Action File No.: 2:05-cv-1661

hereby certifies that a true and correct copy of Plaintif’sProposed Jury Voir Dire

Questions, was served on April 14, 2006 via e-mail transmission as agreed by the parties,

to the following counsel of record:

Michael J. Crocenzi, Esq.

Goldberg Katzman

320 Market Street

Strawberry Square

P.O. Box 1268

Harrisburg, PA 17108-1268

Attorney for Defendants

SIGNATURE CODE: SAZ4759

s/Sharon Ann Ziegler, Esq.

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