Document 0gjYQqywn5NjNZnwNmekr18am

T. Marthor Page 281 1 already described? He may testify about 2 them specifically. 3 MR. G1ANARIS: We can agree to 4 that, but I want to know what his 5 opinions are. I've got to know before 6 he shows up at trial. 7 A. My opinions about the public -- 8 the available literature, include claims about 9 the medical scientific literature, the 10 governmental literature, the union literature, 11 the general purpose, media literature and also 12 state and public health materials as well as 13 some trade commentary about asbestos. And in 14 addition to that, within the publicly available 15 matter, we have both television and print media 16 as well as a few examples of citizens 17 confronting it. 18 My conclusion about all of them 19 is what I already said. When I misspoke, I was 20 saying there is some elaborations or 21 illustrations that I have used which shows one 22 or another point, but there's no general 23 conclusion that is not reflected in the kind of 24 breakdown that I gave that was in the exhibits 25 in .West Virginia. That's what I'm saying. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 , 20 21 22 23 24 25 Q. That's all I need. Thank you. How much are you charging for testifying here today? A. The same thing I do the rest of the time. Q. 450 an hour? A. Yes. Q. Come to trial the same thing? A. Yes. Q. That's all I have. Thank you, sir. THE VIDEO OPERATOR: Going off the record 4:35. MS. ROSENBERG: Let's mark this as Union Carbide 4 deposition transcripts for the following witnesses Thomas Hall. John Myers M-Y-E-R-S. James Rawlings. William Thurber, T-H-U-R-B-E-R. Ian S-A-Y-E-R-S. John Walsh. Marked as Union Carbide 4. (Whereupon deposition transcripts was marked Union Carbide Exhibit 4 for identification as of this date.) (Whereupon, the witness was excused.) Page 283 Page 282 1 Q. You've given me all your 2 opinions. You simply have some illustrations 3 that we haven't talked about thus far, is that 4 fair? 5 A. I've given you my opinions about 6 publicly available knowledge generally and 7 there will be some illustrations that I would 8 want to spend more time on. 9 Q. But the illustrations will simply 10 illustrate the opinions I've already heard? 11 A. Yes, I think generally that's 12 right. 13 Q. As long as I know you're not 14 going to surprise me with an opinion at trial. 15 I've heard your opinions. I've seen the vast 16 majority of the documents you brought with you, 17 either through your previous testimony or we 18 talked about them today. They illustrate those 19 opinions. There are a few documents that we 20 have not talked about that illustrate those 21 opinions, but you're not going to change your 22 opinions one iota; is that fair? 23 A. I think it's fair to say that 24 that's the case. You've got a view about what 25 I think of this subject. Page 284 1 CERTIFICATE 2 I, V1LMA TORRES-JENKS, hereby certify that 3 the Deposition of THEODORE MARMOR was heJd before me 4 on the 1st day of April, 2003; that said witness was. 5 duly sworn before the commencement of his testimony; 6 that the testimony was taken stenographically by 7 myself and then transcribed by myself; that the party 8 was represented by counsel as appears herein; 9 That the within transcript is a true record 10 of the Deposition of said witness; 11 That I am not connected by blood or marriage 12 with any of the parties; that I am not interested 13 . directly or indirectly in the outcome of this matter; 14 that I am not in the employ of any of the counsel. 15 IN WITNESS WHEREOF, I have hereunto set my 16 hand this 3rd day of April, 2003. 17 18 ........................ VILMA TORRES-JENKS 19 20 21 22 23 24 25 POHLMAN REPORTING COMPANY (314)421 -0099 71 (Pages 281 to 284)