Document 0J90mVpBOrneY101ZaLG39Kxd

05-03-2001 09:00 FROKKWISE I JULIAN P,C, 618-462-2622 T-701 P.002/017 F-914 IN THE CIRCUIT COURT STATE OF MISSOURI TWENTY-SECOND JUDICIAL CIRCUIT (City of St. Louis) ALL ASBESTOS LITIGATION, ) Filed by the Simmons Firm, L.L.C., ) Plaintiffs, ) VS. ) A.P. GREEN INDUSTRIES, INC., et al.,) No Defendants. **** IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY,ILLINOIS ALL ASBESTOS LITIGATION, ) Filed by the Simmons Firm,L.L.C., ) Plaintiffs, ) Vs. ') A.P. GREEN INDUSTRIES, INC., et al.,) No. Defendants. VIDEO EVIDENCE DEPOSITION OF ROBERT E. WRIGHT Taken on behalf of Plaintiffs April 10, 2001 Victoria L. Pohlman, CSR/RPR CSR License #084-03146 05-03-2001 09:00 FROM-IIISE k JULIAN P,C 618-462-2622 T-701 P.003/017 F-914 POHLMAN reporting company 05-03-2001 09:05 FROlHfISE 6 JULIAN P,C, 618-462-2622 T-701 P.014/017 F-814 EXAMINATION BY MS. GARNER nce48 1 .t i A 1 < a 1 1 4 1 1il * 1 that was witMa theJurMicti* of the St. Lori* 2 branch etfice, wt weuld get credit. 3 Q Can you identify any specific 4 Armstrong products Ouu you believe Armstrong 5 Concreting ft Supply would have gotten credit for 6 the sate of? 7 A Tbey wonMhavoinctBded Arautnog 8 9 10 Q Bui you have DO bMis tor testifying 11 that Armstrong Concreting ft Supply would have 12 received credit; would you? 13 A Yes. 14 Q You didn't keep the company books; IS did you? 16 A No. 17 Q You were not the superintendent of 18 any jobs; were you? 19 A No. 20 Q You were not die material manager; 21 were you? 22 A Not exactly. 23 Q You didn't keep any ledgers of 24 sales: did you? 25 A No. Par 47 1 Q You didn't prepare any credit slips; 2 did you? 3 A Semrttmn 4 Q That may have been a bad question. 5 Not credit, as in the customer gets credit, but as 6 in credh mu mould be aoributtd to Armstrong 7 Contracting and Supply, based on an Armstrong sale 8 in this area? You wouldn't have prepared a 9 document like drat; would you, for accounting 10 purposes? 11 A I woaldn'thave prepared a docmaaot. 12 There were teoaortiMkeBMt; I WMddmtew and 13 make sara that the math was right on dm and that 14 15 Q Where wmdd those documents have 16 been supplied from? 17 MR. GIaNaJUS: Could you lei him 18 finish his answer, please, before you ask die next 19 question? Thank you. 20 A There were corporate invoices dad 21 care Mdwptna. Partutwhad would 4> in 22 addition to saaae ether people. I'd he another pair 23 24 CQSCOQbCS wtTC pipCTy KpfHirfU 23 Q (By Ms. Gamer) Those corporate 1 invoices, would they identify the products that 2 were sold for which Armstrong Contracting and 3 Supply was gening credit? 4 A Yes. 5 Q And a book of those products would 6 have involved or included non-asbestos products; is 7 that correct? 8 A Correct. 9 Q And those non-asbestos products 10 would have included Armaflex: is that correct? 11 A That's correct. 12 Q And what aboui Armaglass? 13 A Armadas? Yeah. 14 Q And Anualitc would have been 15 included on those; correct? 16 A Istqipase. 17 Q You don't recall that one, 18 specifically? 19 A No. 20 Q It would be true that the sales that 21 you were describing for which Armstrong Contracting 22 ft Supply may have received credit from a shipment 23 from Lancaster, Pennsylvania, would have been 24 incidenral to Armstrong Contracting and Supply's 25 ongoing business In the St. Louis branch office? ; ; ; ; { i ' : \ i 5 ' ; ' ) \ ; > ; : ; i ! n Page 49 1 MR. GIANARIS: Object to the form. 2 A Do you raean ft wasn't their bread 3 andtmttor? 4 Q (By Ms. Gamer) Right. 5 A Yes. 6 Q Armstrong Contracting ft Supply's 7 main source of income and profit was their contract 8 woric in which they supplied the labor and the 9 materials to a specific job site according to 10 specifications. 11 A That was the majority of Ac 12 percentage ofpratt dollars they brought in. 13 Q And any sales diat were made, if 14 any, by die Armstrong Contracting ft Supply St 15 Louis branch office, were a small portion, or made 16 up a small portion of die branch offices' bottom 17 line or profit? 18 19 yeah. The vast majority of it,ai yon said, was 20 from coutracdag. 21 Q You would not he able to identify 22 my specific products that were delivered or sold 23 to a specific job sire, as far as the sale or 24 supply that Mr. Gianaris was asking you about, from 25 die Armstrong Contracting & Supply St. Louis branch j i j ; ; ; ! ! \ ; ; : ` [ ; ; ! j . t ' \ POHLMAN REPORTING company 13 (Pages 46 to 49) 05-03-2001 09:05 FROM-WSE l JULIAN P,C 618-462-2622 T-701 P.015/017 F-914 EXAMINATION BY MS. GARNER Fife 50 nges? ' 1 office: would you? 2 A I don't think I could be specific 3 abort that. 4 Q You would not be able to testify 5 that Armstrong Contracting & Supply, to use 6 Mr. Oumarix' words, supplied or sold any materials 7 id specificjob sites? 8 A IbeBevelcortd. 9 Q What would be tbe basis of that 10 knowledge? 11 A Just trying to vlsnalae, you know, 12 aTiariBr Job<lrtttrtlrtynrtltodiho>pMiiHoiiJ 14 that was rt a vpiriflr Jobsite, and lean do that. 15 Q And I'm not talking now about 16 materials on which ACaadS - Armstrong Concreting 17 k Supply was tbe contractor, bui materials that 18 ACaadS nay have sold or supplied directly Born the 19 Armstrong Contracting A Supply warehouse. You 20 would not be aWe (O identify a specific product 21 delivered to a specific job site as a sale? 22 A No. 23 Q Isn't it true that you're not aware 24 ofArmstrong Contracting & Supply having any 25 products in its warehouse that had the label. 1 summer of '67 or die summer of '68? 2 A I bdfcve ft would have been the 3 MMHMraf'67. 4 Q So, your time in the Armstrong 5 Contracting ft Supply warehouse office of the St. 6 Louis branch would have been limited to - from the 7 end of 1966 until sometime in 1967 at die outside, 8 1968. So, we're talking about a period of six 9 months to one year? 10 a Ns, It was longer dun that. I'm 11 aoriy I can't ramembtt the euut dates, but yoar 12 dates that you gave me (tor being faiths Add don't 13 jive with my memory. I was fat the Odd more like 14 six or seven months. 15 Q Were you working at the Armstrong 16 Contracting & Supply warehouse and office as a 17 permit helper at all before you became a 18 salaried 19 A I think iniliaRy, and it was a 20 fever to me. Once I became salaried, I made leas 21 money. 22 Q So, it could have been somedtne in 23 the middle of 1966 that you actually went to die 24 Armstrong Contracting k Supply St. Louis branch 25 office and then you would have left sometime in the " ..... ; | ; ; ' j ; \ ; 1 \ ] j ! i i \ ! ] 3 | j Pate SI Page 53 j 1 Annstrong Contracting ft Supply, on it? 2 A l don't recaB that. 3 Q And isn't it true that - Strike 4 that. 5 MS. GARNER: Could 1 have just a 6 minute? 7 MR. GIANARIS: Sure. 8 Q (By Ms. Gamer) Do you recall ti* 9 specific dare when you left Armstrong Contracting & 10 Supply? 11 A idttkwit-Iralljrta'L 13 Q After you left Armstrong Cootracring 14 & Supply, you went on to an insurance job; is that 15 correct? 16 A Yes. 17 Q Do you recall when you started die 18 insurancejob, mouth and year? 19 A I thfcsk It w Hfce *67. 20 Q You would have starred die insurance 21 job sometime in 1967? 22 A *67 or '68. 23 Q Do you recall die season? 24 A Might haw beta to the summer. 25 Q You believe that would have been die 1 summer of 1967? 2 MR. GIANARIS: Object to the form. 3 A That sounds about right 4 Q (By Ms. Gamer) And it's during 5 that period of time that you had personal knowledge 6 ofthe sales and supply, as Mr. Gianaris has 7 described them, ofArmstrong Contracting & Supply, 8 dial limited time period? 9 A I believe so. 10 Q During that period of time, you were 11 not the accountant far die Armstrong Contracting 12 and Supply branch office; were you? 13 A No. 14 Q And you would not have handled all 15 the sales and supplies for that branch office 16 during that period of time; would you have? 17 A No. 18 Q In fact, it would have been a small 19 part of yourjob with all the other descriptions 20 that you had, job duties you had at that time; 21 isn't ihai cmrcct? 22 A It was a reasonable part of my job. 23 Q But it was one of many of the 24 multiple responsibilities that you've described; 25 isn't that correct? 1 : ; > : j , ; > | 1 j j ] j ; [ ; | .................... i 14 (Pages 50 to 53) POHLMAN REPORTING COMPANY r 05-03-2001 09:06 FROM-ffISE ( JULIAN P,C, 616-462-2622 T-701 P.016/017 F-914 EXAMINATION BY MS. GARNER Fate 54 Page 56 j 1 A Comet. 1 monies-- 2 Q So, if we divided die multiple of 2 A Yes. 3 responsibilities you had evenly, h would have been 3 Q - from your case; isn't that 4 a small amount of time during the timeframe we've 4 comet? 5 described: isn't that comet? 5 MR. GIANARIS: Objection. 6 MR GIaNARIS: Object to die fora. 7 A That was Involved in the sob? 6 Q (By Ms. Gainer) And as pan of your 7 lawsuit, you were deposed on two occasions; isn't 8 Q (By Ms. Gamer) Comet. 8 that correct? 4 A No, I*d say at least 25 to 9 MR. GIANARIS: Object to die form. 10 33 parent of what I wise doing was dot. 10 A Yea. 11 Q Can you identify the other 11 Q (By Ms. Gamer) One time with the 12 contractors to which Annstrong Contracting & Supply 12 camera like we have today, and one time without die 13 may have supplied materials? 13 camera. Do you recall that? 14 A IcmreusMnberafew. 14 A Yas. IS Baldwin fflmi tatfaa, R-A-T-I-C-A-N, Kakn IS MR. GIANARIS: Same objection. 16 insalattm; I Mtevc that Stony. Yeah, Stovey, 16 MS. GARNER: Could we take a break? 17 sad pomtoy tewdariug & Materials. 17 Do you have questions? 18 Q And you described a vice-venta 18 MR. GIANARIS: Yes. 19 relationship with Braiier Supply, previously; is 19 MS. GARNER: I'll pass the witness 20 that comet? 20 to now. 21 A Correct. And even with other 21 {FURTHER EXAMINATION] 22 contractors. 22 QUESTIONS BY MR. GIANARIS: 23 Q So, they would be included on that 23 Q Bob, the topics we're discussing, 24 list; as well? 24 wa'n going back a few yean, obviously: aren't we? 25 A 1M. 23 A Yes. j ^ ; ; { | i ; ^ i \ ( \ S [ : t j ; < ! .1 1 Par 55 Page 57 | 1 Q Is that a "yes"? 2 A Yas. 3 Q You Testified when Mr. Gianaris was 4 asking some questions, that you bad a basic S Knowledge of the msuisang supply and contracting 6 business in the Si. Louis area; is dm correct? 7 A Yes. 8 Q Isn't it true that there were other 9 sources erf Annstrong products other than Annstrong 10 Contracting &. Supply? 11 A Yas. 12 Q You had your own lawsuit in which 13 you sought to recover for the mesothelioma that you 14 described earlier; isn't that correct? 15 A Correct. 16 Q And that lawsuit was set for trial 17 in (be summer of 2000; isn't that correct? It was 18 set for trial in the summer of 2000? 19 A (Shrikes bend.) No. 20 Q Let me ask it a different way. 21 Your lawsuit has been resolved; 22 hasn't it? 23 A Pm not sure I ran answer yes to 24 that 25 Q You've received some settlement 1 Q It's pretty hard to think back 30 | 2 years and remember when a question's phrased to you ? 3 in specifics, to remember specific instances, at 4 specific times, with specific products; isn't it? i S A Yes, it is. 6 Q And although you can't mean a i 1 7 specific job site where a specific ! 8 asbessos-conttining product was supplied from the 9 ACandS warehouse, do you know, in general, that 10 asbestos-containing products were supplied from the ' 11 ACandS warehouse tojobs throughout the Sc. Louis ? 12 geographicarea? j 13 a Absolutely. 14 Q Now, on cross examination, you made = 15 a statement I want you to explain. Jlease explain ; 16 to me what you mean by other sources ofAnnstrong 17 products, other than Armstrong Contracting A ' 18 Supply. [ 19 A You could end up-You could end up | 20 purchastai your own prefect from another 21 compettter, or from Brauer Supply. ; ; 22 Q You, being ACandS, when you say 23 'you,* ACandS could -- i ` 24 A ACandS could end up purchasing ; 25 Armstrong products back from a competitor or from IS (Pages 54 to 57) poklman reporting company JU^-nrA W W 1 -.-J IL I V f ~ iJL 4.U * * . . J , L V M J - I M --C-dHUJU .Xl 05-03-2001 00:05 FROM-VISE I JULIAN P,C, 618-462-2622 T-701 P.017/017 F-914 FURTHER EXAMINATION BY MR. GIANARIS PtfcSl 1 Braaer Supply. Wla^wtiMptftriMad 2 mnlerinliwre Ml tiff, It would pa tuck fa foM 3 cwBirtir'iiiinifcMW, and at a point in thue 4 where yea would need - that's the vice-versa of 6 and thickness, you would al nrouud loliyteB 7 in the g^e of what yen had, and what yea and* pet 8 bat the beat i--ret atvafiaMe. 9 Q Okay. 11 itMMdjw. He MnjN called around, fee 12 higher the priae pot 13 Q Kind of got stepped on all the lime; 14 the price went up a bit? Is that right? 15 A Yes. 16 Q But when that product first entered 17 the stream of corniaetcc and went to one of these 18 suppliers or coouacms, it either came from 19 ACdadS or from Armstrong, and ACandS received a 20 credit; is that correct? 21 a That's my tuiarifndtf, yes. 22 MR. CHANAR1S: Thank you. That's 23 all I have. 24 MS. GARNER: Could we take a break 25 teal quickly? 1 MR. GIANARIS: Thank you. 2 VIDEO TECH: That concludes die 3 Evidentiary Deposition of Mr. Robert Wright. 4 MR. GIANARIS: Waive. 5 6 7 [Whereupon, die signature of the 8 witness was' waived by consent of die witness.] 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 60 W fefe&an1 I -O^ iMM. 1 u .w .* l U J i m I . E i U W J . I ftg*59 1 MR. GIANARIS: Sure. I mean, I only 2 asked two questions. So, your cross is now limbed 3 to dte scope of my redirect. So, I mean, you don't 4 have a whole lot to aak now. How long do you need? 5 MS. GARNER: Just a few minutes. 6 Ted. You canjnsr sh hen if you want. Iduntfn 7 you might warn to take a break. 8 VIDEO TECH. We have to make a tape 9 change in five minutes. 10 MR. GIANARIS: We certainly don't 11 need five minuKS. You can just stop the tape. 12 VIDEO TECH Stop the tape? 13 MR. GIANARIS: Yes. 14 (Whereupon, there was a brief 15 recess.) 16 MS. GARNER; We're back on the 17 record. Mr. Wrigtu, I'm not going to ask you any 18 further questions now, but I will reserve the right 19 to rt-depose you and conduct a Discovery Deposition 20 as we discussed at the beginning of the deposition 21 (Mime issues mat were not previously covered by a 22 Discovery Deposition and that were explored dining 23 this Evidence Deposition and touched on by 24 Mr. Gianaris. And with that. I'll conclude the 25 deposition. Pge6l 1 L VICTORIA POHLMAN WALKER, C.SR., 2 RJ'R., do hereby certify thai pursuanr to 3 stipulation there appeared before me at The Simmons 4 Firm, 301 Evans Avenue in East Alton, minois, 5 ROBERT E. WRIGHT, who was first duly sworn by me to 6 testify to the whole truth of all knowtodge 7 touching aari concerning the manm in controversy 8 aforesaid in this cause; that foe witness was 9 thereupon '*arH^ty wninwi naiw mrfi, mdiini 10 said examination was reduced to writing by me, and 11 that ir is a correct record of the testimony given 12 by the witness13 I forfoer certify that I am neither 14 attorney nor counsel for, nor related, nor employed 15 by any ofthe pieties to die action in which this 16 deposition wiatem farther that I am not a 17 relative or employee of any attorney or counsel 18 employed fey die panics hereto, or financially 19 interested in 4>*{ action. 20 IN WITNESS WHEREOF. I have hereunto __21 ret my hand on this 12th day ofApril, 2001. 22 Victoria Pohlman Walker 23 24 25 POHLMAN REPORTING COMPANY 16 (Pages 58 to 61) t q g *' * iKL* 05-03-2001 09:01 FROM-WISE I JULIAN P,C, 618-492-2622 EXAMINATION BY MR. GIANARIS T-701 P 006/017 F-914 ftfel4 I Q Did you work for AC&S? 2 A Yea. 3 Q Out ofthe St. Louis office? 4 A Ytt. 5 Q When was that? When did you wotk 6 for AC&S out of the St Louis office? 7 A I started work far AC&S in 196S. 8 Q And how long did yon work for AC&S? 9 A Ahem two aad-a-halfyears. 10 Q So, until sometime, end of '67 or 11 end of '68? 12 A Thnt*s right. 13 Q What was yourjob at AC&S; if you 14 couldjust give us die jobs you held? 15 A InMnRy,! weeperttitMbttttt 16 worker's helper, which is Bke a laborer In the 17 field, helping the Jonmcytaen mechanic jmehtw 18 wtthnaatcrialr 19 Q Okay. A go-far basically, and a 20 helper? 21 a A MR, i helper. 22 Q A lug. Tluu's the term you ell used 23 in the industry, a lug? 24 A That's correct. 25 Q So, how kmg were you a lug. **16 1 warehoee,too. 2 Q Okay. Very good. Priorto the time 3 you began woikiug for AC&S in 1965, did your father 4 work for AC&S? 5 A Yes. 6 MS. GARNER: Objection. Leading. 7 Q (By Mr. Gianaiit) Your father's 8 name was Revert, also? 9 A No, George T. Wright. 10 Q Okay. 1 thought 11 A I was named after my grandfather. 12 Q So, your son is the Third? 13 A Correct. 14 Q Very good. But your father worked 15 for AC&S prior to you working for AC&S? 16 A That's right. 17 Q And bow many years did your dad work 18 for AC&S? 19 A Dad was a pipe coverer. I'm not 20 sore exacts hew long before I went to work for 21 AC&S that dad was with AC&S, but it was several 22 years. 23 Q So. from 19 - and then, let me go 24 forward a Htde hit. From 1969 to 1975; yon 25 worked for another company, Keene; is that correct? i [ ! , ; | ! ; ' , ; j | j 1 S C FlftlS ) Face 17 1 approximately? 2 A About seven months. 3 Q Then what did you do with AC&S? 4 A Then I wtanta work in the office 5 and wanhmm ofAC&S on Odd Street in St. Look. 6 Q And what was yourjob at die office 7 and warehouse? 8 9 manager and dM inside sales. 10 Q Okay. Expiain to the ladies and 11 gendemen of &e jury just with a Hale more 12 detail, what that entailed on a daily basis. 13 A Iwttmpoutilf taresdfringaod 14 15 handMnt certain sales, miitfe sales whsn people 16 would boy material* I weald be Involved with the 17 fahrirathw shop that wee in the merehoim thot ttm 18 assfetfag with orders, baft OranJobe and 19 parthaejagaf --tariakbyetherraaipenlrf. Iwae 20 lrnndag. edfiaafhn eetd Thafi ehontit 21 Q Now, prior io me lime you bqw -- 22 A Remap me. I aleo began-did work 23 in the woeabanm and ha^ed ant with the track 24 driver and dw wnrcbeaaeeaan when they needed help 25 1 A Correct. 2 Q Was Keene in the same industry that 3 AC&S was in? 4 A Yes. 5 Q Tell the ladies and gentlemen of the 6 jury a tilde bit about Keene. What did they do? 7 Woe they a contracting mid supply outfit? 8 A They were. They were very simBar 9 to AC&S, hi fleet hath ofthem had die mother 10 nnvrttim frwrTftTlflii 11 wBiwmi wwi mb lawucq fimiie 12 Q So, from'69-let me bade up a 13 minute. 14 During the period of time dud you 15 wotked for Keene, did you have interaction with 16 AC&S as a business entity? 17 MS. GARNER: Objection. Leading. 18 Lack of foundation. 19 A Yes. 20 Q (By Mr. Gianaris) And did you 21 have - During the period oftime you worked for 22 Keene, did you have interaction on a regular basis 23 with AC&S employees out ofthe St Louis office? 24 A Yes. 25 Q So, to summarize, would you agree ; | j ! 5 ! ! ` , ; , j [ t ; ; r ; ; | \ 5 r C POHLMAN REPORTING COMPANY 5 (Pages 14 ra 17) 05-03-2001 00:01 FROM-WSE I JULIAN P,C, 618-462-2022 EXAMINATION BY MR. GIANARIS T-701 P.007/017 F-014 Page 18 Pise 20 1 that you're basically familiar with Armstrong 2 Contracting and Supply's bittiness operation from 3 sometime when your faiher began working for them 4 until at least *75? 5 MS. GARNER: Objection. Leading. 6 A Yes. 7 Q (By Mr. GiJUiaris) Now, during this 8 same period oftime, wexe you familiar with the 9 insulating and contracting supply industry in St 10 Louis in general, notjust aCAS and Keene, but in 11 general? 12 A Yes. 13 Q Please tell the jury what type, in a 14 little more detail, what type ofbusiness Armstrong 13 Contracting A Supply engaged in (hiring this period 16 of time. 17 A As the name Implas, they were an 18 nmriadanceMracMrMMtasappOycempnngraf 19 20 by suppOytagthTlafear ti dw m* ami dm mnaslnb 21 22 to dft n. and tlm fbtj mppBfri hoth oil > retail 23 and a rremnmlal and ladnstries aspect, materiah 24 to other people. 25 MS. GARNER: I'm going to object 1 the record? 2 MR. GIANARIS: Yes. 3 VIDEO TECH: We're off me record. 4 (Whereupon, there was a brief 5 discussion off die record.) 6 MR. GIANARIS: My point is this, 7 your objection is well noted. You may be right. 8 You may be wrong. I'm not the judge. 9 My point is, I need to take this 10 deposition to a way dm it can be played at trial 11 ifthejudge so allows me to {day it. Okay? If we 12 continue to make objections throughout - your 13 otgection is going to be the same, regardless. 14 It's ongoing. It's a continuing objection. IS MS. GARNER: Only to tire issues when 16 you do go beyond die Discovery Deposition. Perhaps 17 ifyou're agreeing that there may be a question for 18 the judge to answer as to whether or not we are 19 entitled io a Discovery Deposition before (his 20 evidence deposition proceeds, we should call Judge 21 Byron and Judge Dirixr now. 22 MR. GIANARIS: No. I'm not agreeing 23 to that. 24 MS. GARNER: Then Tm going have 25 to stop the deposition and I will have to go call t ; ! ; < : : ; ' | [ j > j : ; - ! ! i Piet 19 ir Pise 2] \ 1 now, and we are going beyond the Discovery 2 Deposition dm was taken on May 2nd, 2000. 3 Defendanr ACandS objecis io this deposition 4 proceeding on the knowledge that - of Mr. Wright, 5 on the knowledge that he has concerning die mail 6 sales of any ofACandS, because that was not pair 7 ofhis Discovery Deposition or his Evidence 8 Deposition taken last May. 9 MR.GIANARIS: Fortherecord, and 10 please, if you're going make objections, can you 11 wait until afterhe finishes his question, so I 12 don't have to re-ask it? 13 MS. GARNER: No, 1 thought I did. 14 I'm sorry. 15 MR. GIANARIS: No. you stopped on 16 his question. Secondly, that's the same objection 17 you made ai the beginning of the depoiittom, and we 18 agreed to make objections only to form during the 19 deposition. 20 MS. GARNER: I know, Ted, bur as 21 we're going to this area, I have to point it our. 22 MR- GIANARIS: You can point it out 23 to thejudge. Can we go off the record for a 24 moment? 25 VIDEO TECH: Excuse me. Are we off l thejudge.,because 1 think that you've agreed that 2 there is a question whether or not this Evidence 3 Deposition should go forward without a Discovery 4 Deposition. 5 MR. GIANARIS: I'm agreeing you have 6 a question. You have an issue. I can't say no, 7 there's not a question ifyou're, you know, 8 asserting a tpestion. How can Isay there's not a 9 question? I don't agree with it. 10 MS. GARNER: Then we need to call 11 thejudge and have thejudge resolve that issue. 12 MR. GIANARIS: We don't have to do 13 that. The judge can resolve it at the time ofthe 14 trial. 15 MS. GARNER: If the deposition's 16 already taken without me being able to take a 17 deposition over die new issues, it will be too 18 Use, and you will already have time to talk to the 19 judges now before die Evidence Deposition goes 20 forward. 21 MR. GIANARIS: Okay. Very well. I 22 understand what you're saying. I disagree. I 23 don't warn this man -- He's here for a short period 24 of time. He's ready to leave very shonly. I'm 25 not going to stay around and try to call the judge ; i 5 ' l S l ' \ ; ; : f | ; \ | < : j i ; s >; ; 6 POHLMAN REPORTING COMPANY 6 (Pages 18 to 21) 05-03-2001 00:02 FKUHKISE < JULIAN P,C, 618-402-2622 T-701 P.008/017 F-014 EXAMINATION BY MR. GIANARIS Figr 23 1 at this time. If you warn logo call die judge. 2 that's fine, but we're going to continue wi* the 3 deposition. 4 My point is, this is no different 5 than any objemkm made in an Evidence Deposition. 6 They're reserved. Ifthejudge decides that you 7 have a right to a Discovery Deposition, then I 8 can't use die Evidence Deposition. It's as simple 9 as that. 10 MS. GARNER: No, it is different. 11 because an Evidence Deposition cannot go forward 12 over issues that have not been covered by a 13 Discovery Deposition in die Stare of Dbnois. 14 MR. GIANARIS: I realize that, but 15 what difference does it make if it goes forth if we 16 can't use it? We can use it for a bird cage. If I 17 can't use it, it doesn't make any difference ifit 18 goes forward or not. If it's not admissible, it's 19 not admissible. 20 We're going to finish die deposition 21 now. We made an agreement before foe deposition 22 that you wookl have a continuing objection and you 23 would object to form only. 24 MS.GARNER: ButIcannot-Ifwe 25 go further afield, Ted, I am going to have to Plgt 24 1 between the questions, rather than pontificating 2 between the questions, so we don't have to edit 3 this thing and break up die flow? 4 MS. GARNER: Thai's fine. We'll see 5 bow it goes, if I do need to stop you, Ted. If 6 it's egregious offdie beaten path, I have to stop 7 foe record. I can't agree because I don't know 8 what you're going to ask him. 9 (Whereupon, foe reporter read back 10 the last question as requested.) 11 VIDEO TECH: We're back on the 12 record. 13 Q (By Mr. Gianaiis) Bob, did ACandS 14 have similar locations throughout the company? 15 MS-GARNER: Objection. Leading. 16 Lack of foundation. 17 A Yea. 18 Q (By Mr. Gianaris) Did the St. Louis 19 office have a general geographic territory? 20 A Yes. 21 Q I ihmk the video mijfoi not come out 22 properly on the previous question. I'm going to 23 ask it again. 24 Did ACandS have similar locations ' 25 throughout die country? ! : : j j | ! t j ; t j ? \ . \ > ; , ' : Pam 23 1 interrupt you and call the judge and see if we can 2 get reliW so that we can conduct a Discovery 3 Deposition before you pm on videotaped evidence 4 testimony that we have not had an opportunity a? 5 depose Mr. Wright an in a Discovery Deposition. 6 MR. GIANARIS: We're beating a dead 7 horse. Can we agree to this? Can we agree that 8 you will make your objection now, and then we'll 9 stan back, aad that your objection will continue 10 throughout the deposition and you won't -1 have 11 like ten more questions - that you won't interrupt 12 between each question? Can we agree with that? 13 MS. GARNER: I don't know what your 14 questions are going to be. I wifi ask you to go 15 off the record instead of making an objection on 16 the record aad we can discuss it. 17 MR. GIANARIS: Can you just-1 18 don't want to do that. I don't want break up 19 the deposition. Can you say, "Same objection"? 20 MS. GARNER: It's continuing to 21 very question (bar ha* not been covered by 22 Discovery Deposition. 23 MR. GIANARIS: Right. Can youjust 24 say after my question, if you think you need to 25 reassert the objection, just say 'Same objection" .| Pate 25 j 1 ^1S. GARNER: Objection. Leading. 2 j yV /if 3 A Yes. Yes, they did. 4 Q Why were you generally familiar with 5 ACandS's operations in a general way throughout the 6 company, other thanjust St. Louis? Did you have 7 Interaction with them? 8 A I had interaction with some ofthe 9 other branches of ACandS. 10 Q And as far as you know, they 11 operated in foe same way foe Sc Louis branch 12 operated? 13 A Yes, they did. 14 Q And you told me St. Louis-foe St IS Louis branch had a general geographic territory. 16 What was that geographic territory? 17 A Fmnatanrem to the exact 18 deflaeatiencf that, bat in general, it was at 19 least 150<mflendfcis from the St. Louis branch 20 21 Q Okay. In this geographic territory, 22 bow did ACandS compare in size to other companies 23 in the industry? 24 MS. GARNER: Objection. Leading. 25 Lack of foundation. ! j j ; ! ; i j > [ j ' i ; | j ; ; ; 1 POHLMAN REPORTING COMPANY 7 (Pages 22 to 25) T 05-03-2001 09:02 . FROM-WISE I JULIAN P,C, 618-462-2622 EXAMINATION BY MR. GIANARIS ,I T-701 P.009/017 P-914 rap 26 A At the tine I worked for ACandS, they m tire fender hi tire St. Loris area. Q (By Mr. Gianaris) Okay. I just warn to conccatme for a minute on the supply aspect of ACandS' operation. MS. GARNER: Same objection. Q (By Mr. Gianaris) Please explain 8 the supply aspect the ACaadS's operation. What 9 were the methods of supply in a little more detail? 10 A ACjmdS wirii apply, far Mr < 11 join, for otter eontraftors' jobs, and for**bTr todH , or in otter Q Wat there a retail aspect of ACandS' 18 operation in St. Louis? 19 MS. GARNER; Objection. Leading. 20 Lack of foundation. A Tfctf*' ItwetnMaBttat rage 28 1 that collect? 2 A Correct. 3 Q What was ACandS* relationship to the 4 factory direct sales method? 5 A IfIt was witfata the Jurisdiction of 6 ACaiidS in St. Lonis, then they would receive some 7 type ofcraft for that sale. 8 Q (May. So, ifit was basically 9 within this rough 150-mile radius of the St. Louis 10 office, any dimer sales in dot area of Armstrong 11 products would be credited to ACandS? 12 MS. GARNER: Objection. Calls for 13 speculation. Misstates prior testimony. 14 Q (By Mr. Gianatis) Is that correct? 13 A I believe it is, yes. 16 Q And this would then go to the local 17 ACandS, or the St. Louis ACandS branch offices' 18 bottom line, basically? 19 A Correct. 20 Q And you mentioned salesmen from 21 Lancaster. Pennsylvania. They would - These 22 salesmen would coordinate sales to otter 23 contractors through ACandS; is that right? Or 24 fxpfoifl that a little more, plftis* 23 A Armstrong had salespeople who would 27 1 Q So, someone could walk in off the 2 street and purchase insulation from ACandS? 3 A. 4 5 6 7 8 Q And then - Can you ceD me a little 9 bit mare what you meanby factory direct shipments? 10 A 11 wfafial was1 12 itwaaiyniByns-Annatraf wwddBM--fcettre 13 't if ft 14 was a 15 job in a 16 17 18 19 20 21 ever reach the worehensi in St. L--is. That's a 22 23 Q So. a factory direct shipment would 24 be straight from the Annstrong manufacturing 25 facility to another contractor or an end user; is tree 29 came M Louis and work with the regional manager, the branch manager, regarding the sale of nafcriab* bath for ACandS'needs, for fbelr caamcts, Jobe, as wtfl at other people that ` Not every r. In Q Okay. A So, that rekimm would do most of the St. Laois afOea in that sale. Q So, all these methods of supply we 14 just went over, they're all attributed, one way or 15 another, to the ACandS branch office? 16 A Yes. 17 Q Is it possible for a person to have 18 wotted with or around an insulating product 19 attributable to ACandS without an ACandS contractor 20 being on diejob site? 21 A Yes. 22 Q Would this hold true for all 23 insulating products ACandS earned? 24 MS. GARNER: Objection. Vague and 25 ambiguous. Overly broad, compound. POHLMAN REPORTING COMPANY 8 (Pages 26 to 29) 05-03-2001 09:00 FfKMMflSE I JULIAN P,C, 618-462-2622 T-701 P.004/017 F-914 1 Deposition ofROBERT E. WRIGHT, 2 uken by and on behalf of ibe Plaintiffs, os April 3 10.2001, m The Simmon* Firm. 301 Evans Avenue, in 4 Wood River, Illinois, before VICTORIA POHLMAN 5 WALKER, a Certified SKMnad Reporter, and 6 Registered Professional Reporter. 7 8 ROBERT E. WRIGHT, 9 10 of lawful xge, being prodneed, sworn, and examined 11 on the pan of the Piatanffc, after being sworn id 12 rdl tbe miih. deposes and says: 13 14 MS. GARNER: Tbis is Severity Gamer 15 onbehalfof Defendant, ACandS, and we are about to 16 start the evidence deposition of Mr. Robert Wright 17 that has been noticed m re: All Simmons Cases 18 Pending in Madison County, Illinois and pending in 19 die City of Si Louis, mbtaw eases. 20 Mr. Robot Writfit was previously 21 deposed in a Discovery Deposition on May 2nd, 2000 22 and an Evidence Deposition on May 5,2000. Both 23 depositions were comprehensive as to his employment 24 and his exposare histories. . 25 Mr. Wright is being offered today. I PsgcS j 1 prejudiced in tbeir preparation and taking of this 2 deposition because lhey cannot foresee or predict 3 or formulate the case-specific issues that may 4 arise in individual cases, and to that extent. 5 defchdanrs reserve tbe right to re-depose the 6 witness in specific cases as the need arises. 7 MS. LaCONTE: Can we have a 8 stipulation tbat an objection by one defendant is 9 an objection for all? 10 MR. GIANARIS: Yes. 11 MS. GARNER: And a stipulation that 12 objections, except those to form, are preserved? 13 MIL GIANARIS: Yes, as long as you 14 all will do that for me, and only object to form, 15 bat tint's usually not dm way you operate. Do I 16 have an agreement you'll only object to form so 17 this will go smoothly? 18 MS. LaCONTE: Yes. 19 MR. GIANARIS: Relevance, you're 20 going to leave it alone and all of that? 21 MS. GARNER: Right. 22 MR. GIANARIS: Thank you. Thar's a 23 good Quid pro qua We'll do diar. 24 VIDEO TECH: My name is Donald L. 25 McVey. I'm the owner ofMetro Media Productions 1 S ' ' ; l \ j ; ; ; " ` J ` t j ; ' ; j j ____ .. [ Page 7 1 understand, as a siie witness. To the extern Mr. 2 Wright's testimony today goes beyond his prior 3 Discovery Deposition, Defendant ACandS objects on 4 tbe basis that under Illinois Law, defendants have 5 not been given an opportunity to conduct a 6 Discovery Deposition over any new areas, including 7 job skn not identified in his prior depositions. 8 In dmt regard, to the extent this deposition will 9 cover areas or subjects included in die prior 10 Discovery and Evidence Deposition, this deposition 11 is repetitive and duplicative. Defendant ACandS 12 has offered to stipulated to die use of 13 Mr. Wright's prior evidence deposition as a site 14 witness deposition in re: All Simmons Litigation. 15 Tbe deposition has been noticed in re: All Simmons 16 litigation pending in Madison County, and the City 17 of St. Laois. 18 Defendant ACandS objects to tbe 19 notice as served in tbe City of St. Louis cases, in 20 tbat such a notice is not foreseen by die standard 21 preirial oeder applicable to those cases and 22 because tbe law in the State of Missouri is 23 distinctly different than that in Illinois. 24 Because dm deponent is not being 25 offered in specific cases, dm defendants are P*ge9 1 located at 120 West Third Street, Roxana, Illinois. 2 rm the operator of dm audiovisual recording 3 devke to be used m this deposition. Today's date 4 is Tuesday, April the 10th, 2001. The time is 5 10:44 aon. This deposition is being taken at The 6 Simmons Firm, 301 Evans Avenue, Wood River, 7 ratoflis, 62095. This deposition is being taken in 8 tbe case of All Asbestos Litigation filed by dm 9 Simmons Finn, LLC, vetsus A. P. Green Industries, 10 lactnponaed, et al,, filed in the Circuit Court, 11 Third Judicial Circuit. Madison County, Illinois, 12 and in dm Circuit Court. State of Missouri, 22nd 13 Judicial Circuit, City of St. Louis. 14 This is die Evidentiary Deposition 15 of Mr. Robert Wri^n and is being taken pursuant to 16 ntinois Supreme Court Rule 206 and other 17 applicable rules and statutes. 18 You may swear the witness. 19 (Witness was sworn by the court 20 reporter.) 21 (EXAMINATION] 22 QUESTIONS BY MR. GIANARIS: 23 Q Good morning, Mr. Wright. How are 24 you today? 25 A Good morning. Fine. J ? : j ) ! j 1 ! ' ] ) j ] ? * ; j >; 1 g n , mi.u.....t..Mi.:wr, MBrng!eeut.jjji 3 (Pages 6 ro 9) POHLMAN REPORTING COMPANY U-J JW. .U K ., 1 05-03-2001 09:01 PROM-WISE 6 JULIAN P,C, 610-412-2622 T-rOI P.005/01T F-914 EXAMINATION BY MR. GIANARIS 1 Q Can I call you Bob? 2 A You CM. 3 Q Okay. Thank you. Please state your 4 full name and address for the record, sir. 5 A Robnrt Edward Wright. 6 Q And whose do you live? 7 A I live at 61 Bacry Caart fa St. 8 Louis. 9 Q Is that in St Louis County? 10 A fa. Lawk County. 11 Q And your birthday is? 12 A 4-15-45. 13 Q So, this Sunday is your birthday? 14 a Yes, Saaday Is >9 birthday15 Q Birthday fells on Easier Sunday this 16 year? 17 A Yes, this year. 18 Q Sir, you understand this testimony 19 is being transcribed and videotaped and may be 20 played at trial? 21 A Yes. 22 Q And you understand the oath you just 23 gave isjust as though you were on the witness 24 stand in from of the jmyar trial? 25 A Yes. fkfc10 Ftp 13 1 basis? 2 A Because ofmy health. Ijust 3 recently hod surgery again. 4 Q Okay. Well, tdl the ladies and 5 jenttaaen ofthejury about the condition you 6 suffer from, pkase. 7 A March oflest year I was diagnosed 8 wkh aMsathsHafan, plearal, maUgnsnt mesothelioma, 9 which is cancer jefdie faring ofthe fang end the 10 vneadfa area around tike tang. After diagnosis, 11 I ophead the poaribftky t, after being mid 12 fast there teafty wasn't anything they coaid do for 13 ms, flmt I had ajcsnple of mondis to ttve, after we 14 got ever the initial shock, began exploring 15 treatment sprtens, 16 So, we went m Boston. We went to 17 Detroit We chocked hi St Louis, and ended up in 18 i May ef2000, having a surgical 19 i extra plenral pneumonectomy, 20 where they removed my left hmg, die diaphragm, and 21 I a Gortex notch where my diaphragm used to be. 22 Then ajbont a month and then L a 23 , started chemotherapy. I only 24 because I didn't handle it too 25 .. . . ^J.-J!* - Piftii 1 Q Sir, I want you to tell us a link 2 bit about your family. 1just want to go through 3 some background and allow the jury to become 4 familiar with you. 5 A Okay. I have a wife, Pamela 6 Q Okay. 7 a - who taaght school far the last 8 years and aoltugar is teaching She's retired 9 now. 10 Q Okay. 11 A We have a famgfaer, Hefty, who'i 13 Indiana. A l's 15 Q (Buy. 16 A And I have fart rhHdrm tram a 17 20 and Theresa who la monied and doesn't hew 21 cMfaayrt. 22 Q Okay. Very well. Now, ate you 23 wotting now, Bob? 24 A Iantwechfaconalfanitedbosis. 25 Q Why are you working on a limited Pa|el3 1 Q Okay. Since then, what 9on of 2 treatment have you had? t then I've had no treatment op ago when-actually two i age, it was discovered that I had a ` between my cheat wall and die , fa Os ana of the original ilmsdapmed. So, I returned noofliagoandhadftKnalt^k excised, and began ten days ago on drug treatment dial's caOsd which b to redoes the growth of may - any cancer cells that may 14 sffRbefaaayb^y. 15 Q Bow are you feeling today? 16 A Fad pretty good. 17 Q We'll try to make this short and 18 sweet for you. 19 A That's fine. 20 Q I want to go back a few years. I 21 want to talk to you about your work career. 22 A Okay. 23 Q Are you familiar with die company 24 known as Armstrong Contracting & Supply or AC&S? 25 A Yes. POE&MAN REPORTING COMPANY 4 (Pages 10 to 13) 05-03-2001 09:03 FWtHIISE I JULIAN P.C, 610-462-2622 T-701 P.010/017 F-914 EXAMINATION BY MR. GlANARIS Meio > ftp 32 1 A Ye*. 2 Q (By Kir. Giannis) Okay. Now I want 3 io tallc io you a linle Ml about das relationship 4 with Armstrong. 5 Did ACandS cany insolation products 6 (hat bad the trade name, Armstrong, on the 7 products? 8 MS. GARNER: Objection. Leading. 9 A Yes. 10 Q (By Mr. Gianaris) Tell thejury 11 about - Ijust want you to explain a link bit 12 about ACandS' relationship to the Armstrong 13 insulation products. 14 A WeB, ACandS' rrtaitonahtp to 15 16 worked far ACandS, wen ana in the same. They were 17 syn--yens. 18 Q Okay. 19 A I didn't differentiate Armstrong and 20 ACandS. 21 Q Okay. So, ACandS carried Annstroag 22 insalacing products; is that correct? 23 A That was (he product ef chafe* yen 24 Q The product afchoice, okay. ACandS 25 also carried other manufacturers' insulating 1 fB the balance oftheir order. So, we would > 2 salt as mi example, tn Bracer Stqtpfy, the ; 3 materials that we had. Might be Armstrong - 4 material* wight be OwenfrCarafag materials Might 5 5 be any variety ofmaterial* bat the rise and the \ 6 tttfenaas was what people wbo were cafflng MUD ! 7 their order would want. ; 8 Q Okay. 5 9 A And we would do it vice-versa. 10 Q Okay. So, in addition to supplying i 11 Armstrong, or insnhabig products, other insulating * 12 products to companies like Brauer Supply, iftbeie jj 13 was an Armstrong product on a job, was it somehow \ 14 attributable to ACandS? s 15 MS. GARNER: Objection. Calls for J 16 speculation. ' 17 A Ibefieveso. ; 18 Q (By Mr. Gianaris) Tell us how. Why j 19 do you say that? 20 A Ifthere was an Armstrong product on : 21 ajafe site at some paint in time, it either wta ; 22 sifaw*dlnctly from the Armstrong factory or it \ 23 waasMppad from fee warehouse ofACandS. Again, j 24 feey were anonymous inane. 25 Q If it was shipped directly from the ] rap 31 1 products? 2 A Correct. 3 Q But tnoie Armstrong than the others? 4 A It wws a product*chafe*. ffyen 5 could puKhaaa Anuauraut hmutadeu material* and 6 Miafly ywi cuutt, at n prfaa Ims than yun canid 7 get ttfeaa samaana also, Rat it sms beneficial in 8 ACandS ha St Lanis to |urrhasr it from Armstrong. 9 Q Now, pursuant id how we deftied or 10 nfpiainfd the wn "supply,'' during die period of 11 time you were faaOiar with ACandS' operation, did 12 any other company in the Sc Louis area, in this 13 tenfeocy. supply Armstrong insulation? 14 MS. GARNER: Objection. Calk for 15 speculation; lack offountfation. 16 a AhwtiajMAinwaglilfaNw 17 gopUR waa a local sink r iw| nj that ala* Lwitlid 18 19 ifBnoarSnppipwMflBngaaaonlerferoneof 20 oor rswjUWara - fern* 21 MR. DUDa. fankant. I object. 22 Not responsive. Subject to the objection, go 23 24 A Thcnthay wanld caDaod sae if we 25 hod dKfctcm dm and thicknesses ofmaterials to ftp 33 : i 1 Armstrong warehouse, other than your fading that . 2 they wete synonomous, would ACandS have some son l 3 of hand in that business relationship, in that ; 4 transaction? ! S MS. GARNER: Same objection. ; 6 A They probably did. I couldn't say 7 with 100 percent certainty. 8 Q (By Mr. Gianaiis) Okay. Weil, did 9 ACandS receive some sort of sales ctedit for it? 10 MS. GARNER: Objection. Calls for ; j ; \ | 11 speculation. Lack offoundation. 12 A They did. 13 Q (By Mr. Giannis) They did, oh. 14 So, alihotgh they may not have been involved in the . ! | IS direct sale or the actual seller to buyer 16 communkanons. drey will at least receive a credit 17 because it was in their geographic territory? 18 A Sigh* fan! would have no way of ; [ 19 k--wfaguacaamrgy if that material was-for - 20 inateaee, there cooM have hem Armstrong materials ' 21 aw njeh aha Ant wfalnoRy were handed through ; 22 dteChfehmatf branch, and they may have received > 23 end* flbr that materiaL 24 Q I see. Through another ACandS 1 25 branch office? POHLMAN REPORTING COMPANY 9 {Pages 30 io 33) 05-03-2001 09:03 FROM-WISE I JULIAN P,C, 618-462-2622 T-701 P-011/017 F-914 EXAMINATION BY MIL GIANARIS I**3+ 1 A Comet 2 Q Somehow migrated down ibis way? 3 A Comet 4 Q Very good. So, my question maybe 5 wasn't specific enough. 6 Although ii may not have come 7 Although the St. Lotas ACandS branch may not have 8 had a hand in (he sale or transaction, some ACandS 9 branch did? 10 a Right. 11 Q So, far die period of brae we're 12 taBting about, when yon had knowledge of ACandS' 13 operation, during that period of tune, ifa worker 14 was exposed k> any type ofArmstrong insulation, 15 ACandS had some relationship to die sale; is that 16 collect? 17 MS. GARNER: Objection. Leading. 18 Lack of speculation (sic.). Lack of foundation. 19 MR. CHaNARIS: Thanks. 20 MS. GARNER: Calls for speculation. 21 Q (By Mr. (Umana) I'm going to 22 rcjforase my question. It probably wasn't a vay 23 good question. 24 Pursuant to your knowledge of the 25 ACandS operation, during the period of time we're Pate 36 \ 1 [EXAMINATION] j 2 QUESTIONS BY MR. BOYLE: 3 Q Mr. Wright,just a couple of quick 4 questions. 5 I read die deposition that you gave 6 in May erf 2000, and I understand that you, in 7 addition to wotting in and around die warehouse and j 8 facilities ofACandS, you also woiked at other : 9 locations, such as Cofifeen and Baldwin Power j 10 Plants: is that mac? , 11 A That's correct, but not while I was ; 12 wfffc ACandS. 13 MR. BROWDER: Objection. Beyond the - 14 scope ofdirect ; 15 Q (By Mr. Boyle) Was it before that j 16 time? j 17 A No, afterwards. j 18 Q Afterwards, okay. And also, what ; 19 other facilities have you worked? : 20 MR. MEADOWS: Object. Beyond the 21 scope. \ 22 MR. BROWDER: Join. 23 A When I was working for ACandS. ! 24 Q (By Mr. Boyle) At any time in your 5 25 job, any job site that you may have woiked at, * j -------------------------------------------------------------------------- 1 P 1 discussing - 2 MS. GaRNER: What is that period of 3 time, if we could describe that again? 4 MR. GIANARIS: No, I've laid my 5 foundation. 6 Q (By Mr. Gianaris) If a worker was 7 exposed to any type of Armstrong insulation, who 8 was it supplied by? 9 MS. GARNER; Objection. Lack of 10 foundation. for speculation- 11 a n iw nwglwl by Amnwng. 12 Q (By Mr. GUnnls} Okay. And would 13 ACandS have a hand in that transaction? 14 MS. GARNER: Objection. Leading. 15 Lack of foundation. Calls for speculation. 16 A IbeMrveso. 17 MR OIANaRIS: Thanks. That's all I 18 have. 19 MS. GaRNER: Could we take a short 20 break? 21 MIL CHaNARIS: Sure. 22 VIDEO TECH: Going off the record. 23 (Whereupon, a recess was taken.) 24 25 Page 37 \ s 1 where you -- were you working around anything that Jj 2 may have contained asbestos? i 3 A You want the locations? ; 4 Q No, just general, the general sites, , 5 the names. Was it Shell? j 6 A Oh, okay. Mansion House, Universal 7 AIIm Count Phut. I have been at Shell, Central ; t 8 _ I A iWW aWWj MWMW fVWWy TftllMIW 9 power plants wifit them two. 10 Q At any offoe job sites where you 11 woiked, including ACandS, is it true that neither 12 you, nor any other worker that you saw, wore a mask 13 or respirator? 14 MR. MEADOWS: Again, object I 15 don't understand foe scope. 16 MR. BROWDER: Join. 17 A No. 18 Q (By Mr. Boyle) Thai's not otic? 19 A It is true. They did not wear 20 Q Yes. That's right. Okay. 21 So, neither you, nor any other 22 worker that you saw at any of these facilities, 23 wore masks or respirators; correct? 24 MR. MEADOWS: Same objection. 25 MR. BROWDER: Join. POHLMAN REPORTING COMPANY 10 (Pages 34 to 37) 05-03-2001 09:04 FROUHTISE I JULIAN P.C, 618-462-2622 EXAMINATION BY MS. GARNER T-701 P.012/017 F-914 Par 38 Page 40 | 1 A Comet 2 MR. BOYLE: Thank you. 3 [EXAMINATION] 4 QUESTIONS BY MS. GARNER: 5 Q Sir, my name is Beverfy Garner, and 6 I represent Dtfaodsnc, ACandS. in this action. 7 To By to identify die time period 8 that Mr. Giannis was asking you about, isn't it 9 tnie when ycm fadier starred woriung for ACandS 10 you wet* in your teen yens and a high school 11 student? 12 A Comet. 13 Q And during that tune period, you had 14 no personal knowledge ofthe business operations of 15 either Armstrong Contracting A Supply or ACandS? 16 A That would be correct 17 Q And then you graduated from high 18 school and went to college for a few years; is that 19 comet? 20 A Yes. 21 Q And then after you left college, 22 sometime in lace 1965, isn't it true that you befan 23 working as a permit helper for Armstrong 24 Coroncting A Supply? 25 a It was eeny '6$, Mte January, I 1 Contracting A Supply, 1 think you mentioned a 2 couple ofj^ sites in your prior depositions. You 3 bad no personal knowledge ofthe business 4 operations ofArmstrong Contracting A Supply; did 5 you? 6 A When? 7 Q When yon were working as a permit 8 helper. 9 A Which fa... 10 Q Let me rcHtak the question. U A Sure. 12 Q When you were working as a permit 13 helper out in the Bek! to Armstrong Contracting A 14 Supply, you would have no personal knowledge ofthe 15 business operations ofthe Armstrong Contracting & 16 Supply St Louis branch office; would you? 17 A Very Banted, if any. 18 Q And you would have no knowledge 19 Charing that period of rime when you were a permit 20 helper for Armstrong Contracting A Supply, of tbe 21 Armstrong Contracting A Supply business offices at 22 Lancaster, Pennsylvania; would you? 23 A No. 24 Q When you were working at the 25 Armstrong Contracting A Supply warehouse in 1 1 > * ; > I [ ! [ ( ; Per 1 HAIr. 2 Q If I told you that ACandS 3 Armstrong Contacting A Supply records indicate 4 that you scarred working with Armstroog Contracting 5 & Supply in November of 1963, would that sound 6 right to you? 7 MR. GBANARIS: Object to the farm. 8 A Weald dud be when I was fat the 10 Q (By Ms. Gamer) That would be when 11 you woe in the field m a permit hdper through 12 Asbestos Local 1. Would it sound comet dm you 13 stalled m November of 1965 and continued working 14 befm you starred salary ftvAnutroog Contracting 15 and Supply through November 30,1966? 16 A It serov Met I wasn't la the field 17 thas length aftfaw. Yon lcnaw, I knew it m in 18 '65. 19 Q If that's what Armstrong Coutractiiig 20 and Supply's records indicated. you would have no 21 nuaoo to oppose that; weald you? 22 MR. GIANARIS: Ot^ect to the form. 23 A I don't believe so. 24 Q (By Ms. Gamer) When you were 25 actoaBy working as a pcnnitbclpa for Armsaong Pape 41 1 approximately late 1966 through 1967 or '68, you 2 had various responsjbairies; isn't that comet? 3 A Yes. 4 Q And those responsibilities included 5 assisting the warehousemen; is that correct? 6 A Yes. 7 Q You were never the warehouseman; 8 were you? 9 A No. 10 Q In that yourjob responsibilities 11 included some fabrication, including drawing 12 fabrications on draft piper, is that comet? 13 A That's correct 14 Q And yourjob included cleaning up 15 dm fabricating shop and dm warehouse; is that 16 comet? 17 A At times, I' 18 19 Q And at rimes, you did inventory; is 20 that comet? 21 A Cu^orSrremcmt. 22 Q And at tiroes, you did a little bit 23 of purchasing. That's bow yon described it 24 previously; is dun comet? 25 A Cornet SXK5 11 (Pages 38 to 41) POHLMAN REPORTING COMPANY m -iL 'iJ.!.ajalj.m v iiA '-J* liv .T j , i w .t u w < -. 05-03-2001 09:04 FROW-WISE I JULIAN P,C, 618-462-2622 T-701 P.013/017 F-914 EXAMINATION by ms. garner PateO 1 Q And you did a link bit of 2 estimating; is that comet? 3 a Correct. 4 Q And that estimating work was done in 5 the office? 6 A Andgaing tojob sites. 7 Q Armstrong Contracting A Supply 8 warehouse had a lot of products in it; didn't it? 9 a Yoo, it did. 10 Q And some of Sofc products woe 11 asbestos free; is that correct? 12 A Yos. 13 Q And among those products in the 14 Armstrong Contracting A Supply warehouse where yoo 15 waited on Odell Street, time products included Id products otlm titan Armstrong products? 17 A Yes. 18 Q While you were working for Armstrong 19 Contracting A Supply, the company wear by the name 20 Armstrong Contracting A Supply; is due correct? 21 A To. 22 Q And yoo were not wotkuy for the 23 company when the company was known as ACandS; is 24 that comer? ' 25 A Tboy were need tntrirhon--My. P*e44 i 1 knowledge of the business dealings at die Armstrong 2 Contracting A Supply office; would you? 3 A Very--d. 4 Q You're not a lawyer, are you? 5 A No. 6 Q You don't have a business degree? 7 A No. 8 Q You don't have any personal 9 knowledge of the organization ofArmstrong 10 Connecting A Supply as a business; do you? You 11 don't have any personal knowledge of how Armstrong 12 Contracting A Supply was organized as a business, 13 how it was incorporated 14 A No. 15 Q -orregistered? 16 A No, I was pretty far down the 17 ladder. 18 Q You wouldn't have any basis to 19 disagree with me if1 told you that Armstrong World 20 Industries and Armstrong Contracting A Supply were 21 different companies; would you? 22 MR. GIANARIS: Object to the form. 23 A Would Idhagm with you tf you 24 aaM they were separate companies? 25 Q (By Ms. Gamer) Correct. i Fife 43 1 Q It waa not officially ACandS when 2 you were employud by Armstrong Contracting A 3 Supply; is that comet? 4 A Idkm'tk--etfltimsaflhMer 5 not, but they were--dtetrirhai^ribly. 6 Q Did you ever visit the Armstrong 7 A Jnat Ike hawlittag A Materials is 8 IAM that type ofthing. 9 Q Bmymtave no pexscmal knowledge 10 as when dte corporation changed the name officially 11 through a registration? 12 A No. 13 Q Did you ever visit Armstrong 14 Contracting A Supply's corporate offices in 15 Lancaster, Pennsylvania? 16 A No. 17 Q DM you ever pawomlly visit any 19 offi^oSer titan the Sl l^sbranch? 20 A Yea. 21 Q Wtatt office was thru? 22 A Ctirbinali 23 Q Do you have any personal 24 knowledge - strike that. 23 You wouldn't have any personal VtgeiS | 1 A .Probably net. 2 Q You're aware of a company known as 3 Armstrong Cork; are you not? 4 A Yes. 5 Q And you wouldn't have any basis to 6 disagree with me if I told you that Armstrong Cork 7 and Armstrong Contracting A Supply were separate 8 companies as they were organised; is that correct? 9 A At the time, it depends on at what 10 n--i ted--lathered----a. When 1 watted 11 ftr AC--K,Anmtrong Cork, Armstrong Werid 12 13 wees el tire same to me. 14 Q But you have no personal knowledge 15 of the business organization to confirm that; do 16 yOu? 17 A No. 18 Q You testified earlier that Armstrong 19 Contracting A Supply. St. Louis branch office, 20 would get some kind of credit for sales of 21 AaBammg produces genetically. Can you identity 22 specifically die Armstrong products that you were 23 referring to, for which ACandS or Armstrong 24 Contracting dt Snpply would get credit? 25 A Any Armstrong manufactured product V 1 Ii > *1 POHLMAN REPORTING COMPANY 12 (Pegu 42 to 45}