Document 2RYg1nodRQVaErnxJa2xMR7M7

1 1 STATE OF MICHIGAN 2 IN THE CIRCUIT COURT FOR THE COUNTY OF ALGER 3 4 ESTATE OF LEONARD MARTIN, SR., 5 by, MARGARET MARTIN, Personal 6 Representative, 7 Plaintiff(s), e -vs- Case No. 93-2429-NO 9 Hon. Charles H. Stark 10 INDUSTRIAL INSULATION CORP. n OF WIf UNION CARBIDE CORP; 12 WESTINGHOUSE ELECTRIC CORP.; 13 LINDBERG 4 SONS, INC.; BARR 14 RIVER CONSTRUCTION CO.; BAY 15 INSOLATION CO.; G.A.F. 16 CORPORATION; PITTSBURGB-CORNING 17 CORP.; ARMSTRONG WORLD INDUSTRIES; 18 AND A.P. GREEN INDUSTRIES, INC., 19 Defendant(s) 20 ---------------------------------------------------------------------------/ 21 DUPLICATE FILE COPY 22 23 24 TELEPHONIC DEPOSITION OF JOHN MYERS 25 AUGUST 3OTH, 1995 CHAPA & GIBLIN (313)961-2288 UCAREF00023976 2 1 The telephonic deposition of JOHN MYERS, 2 taken for the purpose of discovery in the 3 above-entitled cause, before Dennis J. Giblin, 4 (CSR 0107), a Notary Public in and for Macoab S County, Michigan, (Acting in Hayne County, 6 Michigan), at 1370 Penobscot Building, in the 7 City of Detroit, Michigan, on August 30th, 8 1995, commencing at or about the hour of 3i30 9 o'clock P.M. 10 APPEARANCESi 11 MR. ALAN RELLMAN 12 The Jagues Adairality Law Firm 13 1370 Penobscot Building 14 Detroit, Michigan 4B226 15 (313)961-1080 16 Appearing on behalf of the Plaintiff(a). 17 ie MR. JAMES W. STDART 19 Ogne, Alberts & Stuart, P.C. 20 Suite 1800 Top of Troy 21 755 West Big Beaver Road 22 Troy, Michigan 48084 __________________ _________ 23 (810)362-3707 24 Appearing on behalf of the Defendant, 25 Westinghouse Electric Corp. CHAPA & GIBLIN (313)961-2288 UCAREF00023977 3 1 APPEARANCES (Continued)i 2 HR. DALE R. BORMEISTER 2 Harvey, Kruae, Meaten & Milan, P.C. 4 1050 Wilshire Drive S Troy, Michigan 48226 6 (313)649-7800 7 Appearing on behalf of the Defendants, Onion 8 Carbide, Arnstrong World Industries, G . A. F 9 Corporation and A.P. Green Industries, Inc. 10 11 MR. DANNA 60NTAG 12 Kelley, Brye & Warren 13 515 South Flowers Street, Suite 1100 14 Los Angeles, California 90071 , 15 (213)689-1300 16 Appearing on behalf of thejJohn Myers. 17 18 19 20 21 22 23 24 25 CHAPA & GIBLIN (313)961-2288 UCAREF00023978 4 1 INDEX 2 3 PAGE 4 5 Examination by Mr. Kellman 5 6 7 e 9 EXHIBITS 10 11 MARKED FOR 12 IDENTIFICATION 13 14 (None offered) 15 16 17 18 19 20 21 i 22 23 24 25 CHAPA & GIBLIN (313)961-2288 UCAREF00023979 5 1 HR. RELLMANx We ere here 2 on the case of Leonard Martin, Senior by 3 Margaret Martin, per onal representative 4 versus Industrial Insulation Corp. of Wisconsin 5 et al.,. 6 There has actually been no 7 formal notice sent out with respect to this 8 deposition but it has been agreed to by counsel 9 representing all parties as has the presence of 10 the court reporter here in Detroit as opposed 11 to being out there with you and Mr. Myers. 12 EXAMINATION BY MR. KELLMAN: 13 Q. Good afternoon, Mr. Myers. 14 A. Good afternoon. 15 Q. State your name for the record, please. I-- 16 A. -R-uxiam Myers. 17 Q. And where do you reside, Mr. Mayers? 18 A. In Ring City, California. 19 Q. Is that in the Los Angeles area? 6 20 A. No. It is in Monterey County. 21 Q, Mr. Myers, I obviously don't know much about 22 you so I would like to begin by getting a brief 23 summary of your educational background, maybe 24 starting with post high school. You want to 25 just give it to me in a narrative fashion or CHAPA & GIBLIN (313)961-2268 UCAREF00023980 6 1 juat sort of want me to lead you through it? 2 A. Lead ne through it. 3 Q. Did you attend college? 4 A. Yea. 5 Q. Where did you attend? 6 A. Purdue University. 7 Q. What was the degree in? 8 A. Chemical engineering. 9 Q. Did you do any post graduate work? 10 A . No. 11 Q. You did not obtain a Master's or Doctorate or 12 anything of that sort? 13 A. No. 14 Q. Has there been any continuing education since 15 graduation? 16 A. No. Nothing formal. 17 Q. And what year did you graduate? 18 A. 1951. 19 Q. And I take it you went to work at that time? 20 A. After graduation* yea. 21 Q. And where did you first go to work? 22 A. With Union Carbide Corporation in Oakridge* 23 Tennessee. 24 Q. Bow long did you stay with Union Carbide? 25 A. Until 1985. CBAPA & GIBLIN (313)961-2288 UCAREF00023981 7 1 Q So you were there for 34 years? 2 A. Right 3 Q. And I gueas taking the earliest tine first. I'd 4 like to run through where you were actually 5 working and what different capacities and 6 titles and the responsibilities you night have 7 had* Starting with 1951, can you tall ne what 6 your job -duty, title and description was in 9 10 A. Tennessee? I don't renember the job title. j* \UA' 1 wa^ senior 11 engineer at the atomic energy facility which 12 was operated by Onion Carbide Corporation* 13 Q. How long did you work in that capacity? 14 A. I was there until 1952* 15 <2. And then? 16 A. 1 transferred to the sane kind of an operation 17 in Paducah, Kentucky. av16 Q. Also as ja chief engineer? .U'V'un 19 A. EngA.nee^y and, I was involved with I 20 decontamination operations, uraniun, various 21 things connected with that industry. 22 How long did you stay in Kentucky in that 23 capacity? 24 A. I left that job in *66. 25 MR* SONTAG: Let ne clarify CHAPA & GIBLIN (313)961-2268 UCAREF00023982 8 1 it may have come acron poorly. I thought you 2 asked him if he was chief engineer at Paducah, 3 Kentucky and I thought that was a referral hack 4 to his Oakridge, Tennessee work? 5 A. I think he testified he was junior engineer in 6 Oakridge, Tennessee. 7 A. I was never a chief engineer. Just one of the 8 engineers 9 Dp until *66 did your work for Union Carbide 10 have anything to do with asbestos or asbestos 11 containing products? 12 A. No, ^didn't. A 13 Q. After 1966 where was your next position? 14 A. I was transferred from Paducah, Kentucky to 15 Niagara Falls, New York to be with the asbestos 16 group there involved with research and 17 development. 18 Q. Okay. And what was your title at that point? 19 A. Research engineer. 20 Q. Can you describe what you were doing? 21 A. Primarily learning^about asbestos. I was 22 involved with fa ^development of a new product, a 23 modified asbestos product called RG244 and also 24 involved with developing and researching the 25 use of our asbestos in oil well drilling fluid. CHAPA & GIBLIN <313)961-2288 UCAREF00023983 9 1Q What ia RG244 used for? 2 A< 3 It used as an a x ot r o p i-e- a gent in various resin bA system. 4 Q What kind of agents? 'fkrl'^o(yD f jc. 5 A. Exorttiiooprec. Viscosity control^m^ agents. A 6 Q. When you were doing this research in '66# what 7 if any knowledge did you have about the 8 potential hazards-of asbestos? 9 A. I don't recall if there wwaerse- ami y particulari AT 10 any particular information about the hazard at 11 that time. 12 So in 1966 you were unaware of any of the 13 hazards or dangers of asbestos, is that 14 correct? . 15 A. I don't say that I was unaware. I don't 16 remember whether or not I was aware. 17 Can you tell me when you first became aware of 18 the hazards and dangers of asbestos? 19 A. Only that it developed over a period, probably 20 from the late sixties to early seventies. 21 Bow long did you work as a research engineer in 22 Niagara Falls? 23 A. Ontil 1967. 24 Q. 1967. And at that time where did you go? 25 A. I was then transferred from Niagara Falls to CHAPA & GXBLIN (313)961-2288 UCAREF00023984 10 1 King City, California technical 2 superintendent of the milling operation. 3 Q. Okay. What were you milling? 4 A. Asbestos ore. 5 <2* And what did your job involve as the technical 6 superintendent? 7 A. I was again involved with the RG244 productV oA 8 developing that product^for eventual producy 9 I wai involved with quality control. 10 How long did you work as the technical 11 superintendent for milling? 12 A. I was there until '70 at which time I was 13 transferred back Niagara Falls 14 as the marketing manager for Onion Carbide 15 asbestos products. 16 Can you describe what your job duties entailed 17 as the marketing manager? 18 A. Yes. I was responsible tpv all the sales efforts, the develop^H^-lof marketing 19 20 information and sales promotional information. 21 Everything associated with marketing of a 22 product or products. 23 Did this encompass all of the asbestos 24 containing products that were produced, 25 marketed or sold by Onion Carbide? CHAPA 4 GIBLIN (313)961-2288 UCAREF00023985 11 1 A. We were not involved with any aabeitoi 2 containing products* We were selling or diorCf^ort 3 marketing raw crisitile asbestos fibers* 4 Q. And nothing else? 5 A. Nothing else* 6 Q. And at that time had you become aware of the 7 hazards or dangers of asbestos? 6 A. When you say at that time, you mean 1970? 9 Q* Yes. 10 A. 1 guess 1 -- 11 MR. SDNTAGt I would object, 12 vague and ambiguous as to what you mean by 13 hazards and dangers of asbestos. If you can 14 answer the question, go ahead. 15 A. Again, as I said before, I can't recall exactly 16 when I became aware. But it was in the time 17 frame of the late sixties to the early 18 seventies. 19 Q* (BY MR. KELLMAN)i Bow long did you remain as 20 the marketing manager? .21 A. Dnt.il 81 22 Q. And did nion Carbide continue to sell raw 23 4-e asbestos fibers throughout that 24 period? 25 A. Yes. CHAPA & GIBLIN (313>961-2288 UCAREF00023986 12 1 Q* Did they sell any other asbestos products? 2 A. 1 an not aware of that. That would be a 3 different divisionUrp--differ biil drvtilo^ Of Onion 4 Carbide. 5 Q. You are not saying yea or no? 6 A. I am not saying yes or no. 7 Q* Okay. And you lived in Niagara Palls as the 8 narketing manager until *61? 9 A. I lived in Lewiston. New York. 10 Q. I take it it was -- 11 A. Nearby community. 12 Q. Okay. And in *81, did you move on to another 13 position? ' 14 A. Yes. I was transferred back to King City as 15 the production manager for the mining and 16 milling operation of asbestos. 17 Okay. Do you know what type of asbestos you 18 were mining and milling? 19 A. Yes. 20 Q What type? 21 A. i * i 1 short f ibervc-risiti-l^r 22 Q. Bow long did you remain as the production 23 manager? 24 A. Onion Carbide sold the asbestos business in 25 July of *85. CHAPA & GIBLIN (313)961-2288 UCAREF00023987 13 1 Q. And did you remain a> an employee of Onion 2 Carbide after July of '85? 3 A. No. 4 Q. What did you do? 5 A. I stayed with the company that purchased the 6 asbestos operation from Onion Carbide. 7 Q. What was the name of that company? 6 A. KCAC, Incorporated. 9 Q. And as I understand it, you are now retired, is 10 that correct? 11 A. Correct. 12 Q. Did you retire from KCAC, Incorporated? 13 A. Yes, I did. 14 Q. In what year? 15 A. December 1993. 16 0* Did you ever work in the State of Michigan? 17 A. Nope. 18 Q. Have you ever been to the State of Michigan? 19 A. Yes. 20 Q. And as a tourist or while employed? 21 MR. S0NTA6: Can I ask what 22 the relevance of that is? 23 MR. KELLMANt The case is 24 centered in Michigan and eventually. 25 MR. 80NTAG: What is the CHAPA & GIBLIN (313)961-2288 UCAREF00023988 14 | 1 relevance of whether Mr. Myera has been in 2 Michigan? 3 MR. KELLMAN: The relevance 4 is if he has not been in Michigan, eventually 5 he ia going to tell me he does not know 6 anything about the paper mill up in Muniaing. 7 MR. SUNTAGi You want to 8 know if he haa aeen the paper Bill? 9 MR. KELLMAN: I will 10 rephraae the queation. 11 MR. SUNTAG: Okay. 12 Q. (BY MR. KELLMAN): Okay. Have you ever been in 13 the Upper Peninaula in Michigan, Mr. Myera? 14 A. Yea, 1 have. 13 Q. Whereabouta? A. In ^heboygan, Carp Lake. I uaed to vacation 16 17 there with my grandparente. 18 Q. Have you everbeen in Muniaing, Michigan? 19 A. Not that I canrecall. 20 Q. Okay. Then I take it it followa that you have : 21 never been in the paper mill that in preaently 22 owned by Kimberly Clark located in Muniaing, 23 Michigan? 24 A. No, I have never been there, aa far aa I can 25 recall. CHAPA 6 GIBLIN (313)961-2288 UCAREF00023989 15 1 Q. Okay* Although this nay be a very obvious 2 question* I assume you do not know the decedent 3 in this case, Mr* Leonard Martin? 4 A. No, I do not. 5 Q. Do you know anything about the sale of any 6 Onion Carbide asbestos products to the Kimberly 7 Clark paper mill? 8 A. I don't remember anything specifically. I have 9 been told that there were some sales in 1973 10 and 1974 but I have not, didn't recall that 11 from my own memory and have not seen any 12 documents to that effect* 13 Q. Okay. Who told you that? 14 A. Mr. Suntag. 15 Q. Do you know what was sold? 16 A. High purity pellets. 17 Q. You got that information from Mr. Suntag? 18 A. Yes. 19 Q. You do not have any independent knowledge of 20 any sales to the Kimberly Clark paper mill, is 21 that correct? 22 A. That is correct, that I just cannot recall 20 23 years ago who we sold to. 24 Q* Do you have any knowledge at all as to what the 25 conditions are like up at the Muniaing, at the CHAPA & GIBLIN (313)961-2288 UCAREF00023990 16 1 Kimberly Clark paper mill up in Munising? 2 A. No, I don't. 3 Q. Do you have any knowledge about what Hr. Martin 4 did while in the employ of Kimberly Clark? 5 MR. SDNTAGi Before the 6 witneee answers the question, I object. To the 7 extent that the witness might know that 8 information through what he has been told by 9 his lawyers, I would instruct him not to answer 10 on the grounds that it is privileged but if the 11 witness has independent only knowledge of that, 12 he can give that independent knowledge. 13 MR. KELLMAN: That is fine. 14 A. I have no independent knowledge of that, of his 15 job. 16 Q. (BY MR. KELLMAN)!Including his job 17 description? 18 A. That is correct. 19 Q. Or what machinery he mighthave worked on or 20 did not work on up there? 21 A. That is correct. 22 Q, Okay. Or what conditions were like at the 23 plant? 24 A. Yes, I already answered that. 25 Q. Mr. Myers, I need to back up a little bit CHAPA & GIBLIN (313)961-2288 UCAREF00023991 17 1 here* Have you ever testified in any cases 2 involving asbestos? 3 A Yes. 4 Q, How many times? 5 A* One time* 6 Q. When was that? 7 A. I don't recall the year* 8 Q. 1990s? 9 A. No. 10 Q. 1980s? 11 A. Possibly. 1970s or eighties. I don't recall 12 the date* 13 HR. 80NTAG* This is 14 testimony at trial, Al? 15 MR. KELLMANt No, not 16 necessarily. Let me clarify that and be a 17 little bit broader. 16 Q. (BY HR. KELLMAN)* Did you ever provide any 19 testimony whether it be in the form of a 20 deposition such as we are doing today or at 21 trial? 22 A. Yes. 23 Q. Is that still one time? 24 A. One trial. 25 Q. One trial? CHAPA fc GIBLIN (313)961-2288 UCAREF00023992 18 1 A. Yea 2 Q. And was Onion Carbide a defendant in that 3 trial? 4 A. Yea. 5 Q. Do you happen to remember where the trial took 6 place? 7 A. Yea, 1 remember; Little Rock, Arkanaaa. 8 Q. Did it involve the pellete that we have, the 9 high purity pellete that we referenced before? 10 A. No. 11 Q. What, do you remember what type of aabeatoa it 12 involved? 13 A. It waa the BG244^-pel let a. ' 14 Q. Okay. Are you familiar with the high purity 15 aabeatoa pellete that have been referenced? 16 A. What do you mean by familiar with? 17 C. Did you have anything to do with their 18 development? 19 A. I waa the plant production manager for, aa I 20 aaid before aeveral yearn, we produced the high 21 purity pelleta. I didn't, I waa not involved 22 with the development of the product in the 23 plant originally becauae I waa not involvedyi&t^ 24 when the plant waa atarting operation in 25 1963, I waa not there. You know, I have been CHAPA & GIBLIN (313)961-2288 UCAREF00023993 19 1 involved in producing all the different variety 2 of asbestos products that Onion Carbide has 3 produced under the Caljtdria trade naae> 4 Q. I need to determine which time frame we are 5 talking about here. Are we talking about the 6 1981 time frame when you were in King City? 7 When you were the production manager for mining e and milling? 9 A. I was also there from 1967 to 1970. 10 Q. Right. So we are talking about 1967 to 1970 ii and again from 1981 to July of 1985? 12 A. As I say. 1 was familiar with all the products 13 and when I was marketing manager I would have 14 been familiar with the high purity pellets as 15 well as the other Caladria products that were 16 being marketed. . . 17 Q. Okay. And can you tell me and I am not quite 16 sure how to ask this question so maybe you can 19 help me with it about with respect to Union 20 Carbide high purity pellets. Save they been 21 consistently of the same composition, size over 22 the years? -- - - ---------------- 23 A. Yes. 24 Q. And can you describe the pellets for me. tell 25 me what is contained in the pellets? CHAPA & GIBLIN (313)961-2288 UCAREF00023994 20 V" 1 A. Al 1 ahort fiber, crip&tile fibers. Cr^art^ile 2 fiber. The only material, that is what the 3 pellets consist of. The size was about 4 one-quarter inch diameter and about a three-eig^^of an inch in length. 5 6 Q. And is it sealed somehow or how is it held 7 together? 8 A. Held together the way I understand it by 9 Vanderwal^f orces. It is the attraction 10 between the fibers themselves that hold them 11 together. There is no binder. 12 This was a product that was used in paper, am I 13 not correct? 14 A. Among other applications, yes. IS Q. What else was it used for? 16 A. It was used in acoustical ceiling tile. I 17 cannot ffffer and* recal l/^any other IB applications. . 19 Q Do you know when it is used in paper how it is 20 processed with the other ingredients? Do you 21 have any knowledge about that? 22 A. Hot any personal knowledge. I cannot recall 23 having seen it used but I understand that it 24 would just be added along with the other 25 materials that make up a paper furnish. CHAPA Sc GIBLIN <313)961-2288 UCAREF00023995 21 1 Q 8o it would break down and nix with the other 2 materials, is that correct? 3 A. Yes. 4 Q. Ii it a dusty product? 5 A. The pellets werqf, that was part of the reason 6 7 asbestos in pellets forn.because they were 8 essentially dust free. 9 Q. But when it is broke down, when it was nixed 10 with the other products, would it not become 11 dusty, friable? 12 A. It wouldn't be because it would be in a liquid 13 application. 14 Q. Bow do you mean it is in a liquid application? 15 A. That is the way it was incorporated, as I say, 16 in the furnish. The furnish, the way I 17 understand the paper operation is a water based 18 application. 19 Q. But - 20 A. To ny knowledge it was never processed in a dry 21 form, the pellets were never processed in a dry 22 fora. 23 Q. Did you ever personally process any of the high 24 purity pellets into paper? 25 A. No. CHAPA & GIBLIN (313)961*2288 UCAREF00023996 , 22 1 Q. Have you ever observed the processing of the 2 high purity pellets into paper? 3 A* Not that I can recall. 4 Q. So you do not have any personal knowledge about 5 the other ingredients that go into paper* is 6 that correct? 7 A. No, I don't. e Q. Your knowledge is based upon what you have been 9 told? 10 A. Yes. n Q. Okay. 12 A. And what I have read. 13 Q. What did you read? 14 A. Well, just about the makeup of material and I 15 don't remember where I read it, how asbestos 16 was used in these paper applications. 17 Q. Did you readthat inpreparationfor today's IB deposition or was that somethingthat you read 19 in some years prior? 20 A. Been read in many years prior. . 21 Q. So then, you do not now know how they went 22 about mixing the pellets with the other _____ 23 ingredients at the Kimberly Clark paper mill? 24 A. No, I don't. 25 Q. Do you know whether or not there are any CHAPA & GIBLIN (313)961-2288 UCAREF00023997 - 23 1 studies regarding the friability of these 2 pellets? 3 A. No. 1 don't. 4 Q. Okay. 5 A. What was the, what was the word? 6 Q. Friability, do you know what I aean when Z use 7 the word friable, Mr. Myers? 8 A. Yes. It means able to be crushed with hand 9 pressure. 10 Q. Let me give you a little bit of a broader 11 definition than that. When I use the word I 12 just mean that the asbestic particles become 13 air born. 14 A. I don't think you arecorrect in that. 15 MR. BDRMEISTER: Friable is 16 a term of art that is used by the EPA and in 17 its asbestos regulations. 18 MR. KELLMANt As Mr. Myers 19 defined it there? 20 A. Yes. 21 MR. BDRME18TERl Yes. 22 Q. (BY MR. KELLMAN)t Arethere any studies 23 regarding the fibers that comprise the pellets 24 becoming air born under any circumstances that 25 you are aware of? CHAPA 6 GIBLIN (313)961-2288 UCAREF00023998 1A 2Q 3A 4 5 6Q 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 Studies with the -- The individual fibers that are in the pellets? If the pellets are ground up, and then aggitated with some air flow, they would obviously become ai^ bor Would if they just sit and become dry, are they more likely to be easily broken up? MR. BURMEISTERi I object to the question. I do not think there is a foundation for this. This individual, is really, his area is the marketing and the sale of Caladria and so forth. If you want to get into the technical side of dust measurements and so forth we have witnesses listed that specifically know about that, the dust counting techniques and so forth and whatnot and I can let you know who they are on our witness list but they specifically know about Caladria and whatnot but this gentleman is really on the marketing side of the equation, if you will, not so much the technical side I would suggest. So I object to the lack of foundation for the question. MR. KELLMANt Mr. Myers has CHAPA 6 GIBLIN (313)961-2288 UCAREF00023999 25 1 testified that he does not, other than what he 2 learned in preparation for today, have any 3 independent recollection of any sales directly 4 or indirectly to Union Carbide. 5 Q. (BY MR. KELLMAN): Is that correct, Mr. Myers? 6 I mean, to Kimberly Clark. 7 A. Correct, yes. 8 MR. BORMEXSTER: Just so he 9 understands how generally it was sold, what 10 went with it and so on and so forth. 11 Q. (BY MR. KELLMAN)t Mere the sales made directly 12 to a paper mill or did you go through an 13 intermediary? 14 MR. SUNTAG: Objection. It 15 lacks foundation. Not specific enough, to make 16 it ambiguous. Can you rephrase it? 17 MR. KELLMAN: I am talking 18 about the pellets. 19 Q. (BY MR. KELLMAN>* And Mr. Myers, you had 20 indicated that you were told that there were 21 sales to the Kimberly Clark paper mill. I am 22 -- asking with respect to the sales of_the __ . 23 pellets. Mould these sales be made directly by 24 Union Carbide, for example, to the Kimberly 25 Clark paper mill or would you use a retailer? CHAPA & GIBLIN (313)961-2288 UCAREF00024000 26 1 A. Most customers, we use both* He uee direct 2 ales and we also use distributors* 3 Q* Would you know who the distributors were for 4 the State of Michigan in the sixties and 5 seventies? 6 MR. 80RTAG1 Let ae 7 interject this. I am not sure if that answers 8 your question, Alan. Z think you were asking 9 with respect to sales by Onion Carbide to 10 Kiaberly Clark of Caladria, whether those sales 11 were intermediary like a distributor, is that 12 what you are asking? 13 MR. KELLMANi I was asking a 14 little bit broader than that because I have a 15 personal answer to that already in the Answers 16 to Interrogatories, but let me keep going here. 17 Q. (BY MR. KELLMAN): Do you know, Mr. Myers, who 16 were the distributors of Caladria in the State 19 of Michigan? 20 A. No, I don't remember. 21 Q. Do you have any knowledge as to whether or not 22 the sales were made directly -from Union Carbide 23 to Kimberly Clark or through a distributor? 24 A. I am not sure specifically about Kimberly 25 Clark. To the best of my knowledge, we didn't CHAPA & GIBLIN (313)961-2288 UCAREF00024001 27 1 ell high purity pellets through a distributor. 2 Okay. Z am speaking of the United States? 3 A. Right. 4 Q. When you were the marketing manager from *70 to 5 *81, did there come a point during the 6 seventies when you would provide warnings with 7 regard to the sale of the asbestos products to S your purchasers? 9 A. We provided information regarding the potential 10 hazards of using asbestos, yes. It was part of 11 our marketing efforts to keep the customers 12 advised of new regulations or changes in the 13 regulations that might be appropriate to tell 14 then about. IS Q. Would that have coincided with the OSHA 16 regulations coming into play? 17 MR. SUNTAGi Objection to 18 the extent it calls for a legal conclusion as 19 to anything about OSHA regulations but Mr. 20 Myers can give his understanding. 21 MR. KELLMANt I was just 22 sking for m date. 23 A. Anna _ - / 24 recollection, require any notification like 25 that. As I remember, we probably began this CHAPA 6 GIBLXN (313)961-2288 UCAREF00024002 28 1 before the OSBA regulations came out in 1972. 2 Q. Can you recall when you began doing this? 3 A. I can't recall a specific date. Z have lit the 4 past aeen information that we have eent to 5 customers dated 1970. 6 Q. Okay. 7 A. We made it a practice or an attempt to dothis 8 on a periodic basis, as I say, to keep 9 customers informed of any new regulations or 10 any new information regarding asbestos. 11 HR. KELLHAN: Z do not have 12 any further questions at this point. Hr. Hyers. 13 HR. STUARTi Ho questions on 14 behalf of Westinghouse. 15 HR. BURHBISTBR Can we take 16 a break for just a second here and then we will 17 wrap it up if there is anything else. I do not 18 think there probably is, but. Let me just -19 Z have no questions. I 20 would however request an opportunity for Hr. 21 Hyers to read and sign the deposition because 22 of the fact that we are doing it telephonically 23 but as soon as Z receive it from Hr. Giblin I i 24 will immediately Federal Express it out to him 25 and I am sure that given the relatively short CHAPA & GIBLZN (313)961-2288 UCAREF00024003 29 1 nature of It it should not take long at all for 2 him to do that. Other than that, I guess we 3 can close the record. 4 MR. KELLMAHt Thank you, 5 Mr. Myers. 6 A. Thank you. 7 (Deposition concluded 8 at 4t30 p.m.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAPA & GIBLIN (313)961-2288 UCAREF00024004 30 1 E8TATE OP LEONARD MARTIN, SR., 2 Plaintiff(), 3 4 -vs- Civil Action 5 No. 93-2429-NO 6 Bon. Charles H. Stark 7 8 INDUSTRIAL INSOLATION 9 CORP. OF Mil, et al.. 10 Defendant(s). 11 ------------------------------------------------------------------ / 12 13 VERIFICATION OF DEPONENT 14 I, JOHN MYERS, having read the 15 foregoing deposition consisting of ay testimony 16 at the aforementioned time and place do hereby 17 attest to the correctness and truthfulness of 16 the transcript. 19 20 21 Dated t 22 23 Dennis J. Giblin, Reporter 24 25 CHAPA St GIBLIN (313)961-2 268 UCAREF00024005 31 1 CERTIFICATE OF NOTARY 2 3 4 8TATE OF MICHIGAN ) 5 >86 6 COONTY OF MACOMB ) 7 8 9 I, Dennis J. Giblinr 10 Certified Shorthand Reporter and Notary Public 11 in and for the above county and state, do 12 hereby certify that the deposition of JOBN 13 MYERS, was taken before ne at the tine and 14 place hereinbefore set forth! that the witness 15 was by ne first duly sworn to testify to the 16 truth, the whole truth and nothing but the 17 truth, that thereupon the foregoing questions 18 were asked and foregoing answers were nade by 19 the witness which were duly recorded by ne 20 stenographically and later reduced to conputer 21 transcription; and I certify that this is a 22 true and correct transcript of ny stenographic 23 notes so taken. 24 I further certify that I an 25 not of counsel to either party nor interested CBAPA 8 GIBLXN (313)961-2288 UCAREF00024006 32 1 in the event of this cause. 2 3 4 Dennis J. Giblin, C8R-0107 5 Notary Public 6 Maconb County, Michigan 7 e My Conaission expiresi 9 June 9, 1992 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAPA & GIBLIN (313)961-2286 UCAREF00024007 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF ALGER ESTATE OF LEONARD MARTIN, SR., by, MARGARET MARTIN, Personal Representative, Plaintiff(s), -vs- Case No. 93-2429-NO Hon. Charles H. Stark INDUSTRIAL INSULATION CORP. OF WI; UNION CARBIDE CORP; WESTINGHOUSE ELECTRIC CORP.; LINDBERG & SONS, INC.; BARK RIVER CONSTRUCTION CO.; BAY INSULATION CO.; G.A.F. CORPORATION; PITTSBURGH-CORNING CORP.; ARMSTRONG WORLD INDUSTRIES; AND A.P. GREEN INDUSTRIES, INC., Defendant(s) . ---------------------------------------------------------------------/ CORRECTIONS TO DEPOSITION OF JOHN MYERS LA01/PAPSC/124118.71 UCAREF00024008 NEW YORK, N Y. WASHINGTON, D C. MIAMI, FL CHICAGO. 1C. STAMFORD, CT. PARS'PPANY, nj. BRUSSELS. BELGIUM TOKYO, JAPAN KELLEY DRYE & WARREN A PARTNERSHIP INCIUOIM RROFKSSIONAL ASSOCIATIONS S15 SOUTH FLOWER STREET SUITE MOO LOS ANGELES, CA 9007 I (2131 689*1300 November 29, 1995 facsimile <2i3> eas-eiso Mr. John L. Myers 102 River Drive King City, California 93930 Re: Estate of Leonard Martin. Sr. v. Industrial Insulation Corp. of WI Dear John: . I received today the enclosed copy of the deposition you gave on August 30, 1995, by telephone from Monterey. I am informed by Union Carbide's lawyer in the case. Dale Burmeister, that the case settled. He sent the deposition transcript for informational purposes only. If you have any questions or comments do not hesitate to contact me. ours. DAS:bhs Enclosure cc: Alan Jay Gerson, Esq. (w/enc.) \ UNTAG U LA01/SUNTD/IZ1887 71 UCAREF00024009 , I , JOHN MYERS, have reviewed the transcript of my deposition taken in the above action on August 30, 1995, and the transcript is true and correct with the following changes: Paae/Line Reads Should Read 3: IS the John Myers. the deponent, John Myers 5:16 Ronald Myers. John L. Myers. 5:17 Mr. Meyers? Mr. Myers? 5:20 Monteray Monterey 7:10 senior a junior 7:19 Engineer As a junior engineer. 8:22 a development the development 9:2 used as an exotropic is used as a thixotropic 9:5 Exotropic Thixotropic 9:5 controlled agents. control agent. 9:9 there were any there was particular. 10:7 products product 10:8 products product 10:8 product production 10:9 was involved was also involved 10:13 to New York to to 10:19 developing development 11:3 11:23 crisitile crisitile chrysotile chrysotile 12:3 different division, different division different division 12:21 Crisitile Chrysotile # 1A01/PAPSC/124U8.71 2- - UCAREF00024010 Pace/Line 12:21 12:24 14:16 18:13 18:23-24 19:3 19:9 20:1 20:1 20:5 20:9 20; 17 21:5 21:6-7 21:7 24:5 27:23 Re?ds crisitile The Union Carbide Cheboygan pellets. involved in 19, Caladria from 1966 to, 1967 crisitile Crisitile three-eight Vanderwald offer and recall. were, that pulling our asbestos or marketing our asbestos pellets form air born. usual Should Read. chrysotile Until Union Carbide Sheboygan product. involved Calidria from 1967 chrysotile Chrysotile three-eighths Vanderwal recall were not. That producing our asbestos pellet form. airborne. original I declare under penalty of perjury that the foregoing is true and correct. Executed this 15th day of December, 1995, in Los Angeles, California. * XA0L/PAPSC/12411B.71 -3- UCAREF00024011 RlCHARO A MARVCY IOMN A. NKUIC AOHACO [ westXM JOHN 9 MUAM ochmis m oocbel RAUL S HYNES MICHAEL 9. SCHMIDT MUNCH H AOAACTTA oiomc w. mu JAMU tUMAA lammr w. oaviosOm THOMAS f KAUXA dale r. buhmeistcr QAJVT l. STIC STCPHCM B VELLA TCRMV J MWLOWMI MAURICE A BOHOEN law omcES op Hahvey, Krxjse, Wester & Mtt.ant, p.G. 53ft GRISWOLD STREET SUI7T 1730 Detroit, Mighioak 4822e-aeoe 610^49*7600 FAX 313-063-022? lOSO WILSKIRC DRIVE lUITtMO TROT, MICHIOAM AOOOA-ISEO BM>*A-7SOO FAX SIO S4S SJIS AO MONROE CINTCN MW SUITE OOOD ORAMO RAWOS, MICHIOAM 4SSOtStS SIB-77I-OOBO FAX SI0-77S-1040 O-AORB BIER NORTH BLVQ. FLINT, MICHIOAM AflSOA'Ilf* BlO*ESO*IOOO rAX 10>SJ04MAS November 28, 1995 William r rivaro STCVCM O. BROCK MICHAEL J OUSA MICHAEL D. WARD* BATRICK 4. DRAKE JOSCRH SUKUF** LIMOA S. HAOAM ALAM R. IUUIWM MARK T. RAJT ANMC M. FRANCO OENCVtCVCA. MAXUR BARRY S. BUTTON a.MICHAEL latift CMMSTORMCR R. NOYCE ROBERT RAUL VIAR OF COUNSEL RONALD R. RAWIAK *al*o ucinud r PRACTICE m FLOWS* Danna Suntag Kelley, Drye & Warren 515 South Flowers St., Ste 1100 Los Angeles CA 90071 Re: John Myers deposition Dear Mr. Suntag: Enclosed for your review is a copy of John Myers' August 30,1995 deposition taken in the Martin case. Very truly yours, HARVEY, KRUSE, WESTEN & MILAN, P.C. CO/jbw Enclosure UCAREF00024012