Document 2Rygqax17Mp7a4BKzzwodYMYb

km t I I Reporting Services CONDENSED TRANSCRIPT of the Video Taped Oral Deposition ROBERT BARGHINI January 15, 1999 St. Paul, Minnesota Cause No. 25743 Shannon Gilbert, et al vs. AS&S, et al 20th Judicial District Court Milam County, Texas 262 North Brit Last, Suite 200 Houston, Texas 7/060 1281) 099 4992 FAX (281) 999 5092 Mma-rage 1 VIQEOGRAPHER: TtUs Is tfte video deposition 2 of Robert Berghinl, taken by the plaintiff. In the 3 matter of Gilbert versus AC and 5, Incorporated, et 4 *1., in the Olstrict Court of Milan County, Texas. 5 This deposition is being taken at King and Counsel, in S St. Paul, Minnesota, on the 15th of January, 1999. 7 The deposition is starting at 9:5$, the time on the S screen. 9 Counsel would please make their verbal 10 appearances. IX MR. GREENSTONE: David Greenstone, for the 12 plaintiff. 13 MR. OiSIPIO: Bill DiSipio, for 3M. 14 MS. RICE: Ann Rice, for Alcoa. 15 MR. TIERNEY: Pat Tierney, for Pittsburgh 16 Corning Corporation. 17 VIOEOGRAPHEA: Would the court reporter 19 please swear the witness. 19 20 ROBERT J. BAAGHINI, called as a witness, 21 after having been first duly sworn, was examined and |22 testified as follows: 23 24 MR. OiSIPIO: Before we start, we'ce going to 25 want to read and sign the deposition transcript. Pag* S Pag ] A. I went out on June 1 of 1989. 2 Q. Could you go and just for a couple minutes 3 and describe for us your formal education? You don't 4 have to go as far back as elementary school, but.. 5 A. I have a degree in chemistry from St. Thomas 6 College. 7 Q. And where is St. Thomas? 8 A. St. Thomas is in this area. . 9 Q. Okay. When did you first start working for 10 Minnesota Mining and Manufacturing? 11 A. I believe it was the end of December of - 12 sometime in December of 1950. 13 Q. 1950? And could you describe for us briefly 14 the jobs that you held from the time you left college 15 until the time you started working for 3M? 16 A. Actually, I -- 17 MR. DiSIPIO: Objection to form. 18 BY MR. GREENSTONE: 19 Q. You can go ahead and answer..................... 20 A. Actually, I left college prior to my degree. 21 Q. Okay. ....... ..................... 22 A. Period. 23 Q. What did -- when did you -- so did you start 24 at 3M before you were done with college? 25 A. Yes. Yes. Page 6 Page 8 1 MR. GREENSTONE: Okay. And we will just - 1 Q. Okay. And then, did you go back, then, 2 we would also like an agreement that an objection made 2 subsequently for your degree? 3 by one is good for all present. 3 A. Yes. I went back, and it took me ^ 4 MR. GREENSTONE: That's fine. 4 approximately four years to pick up a two-year degree 5 5 -- or two years of work. At the time of graduation, 6 CROSS-EXAMINATION 6 I guess my third child was just about ready to be 7 BY MR. GREENSTONE: 7 born. ...... . . : .. . ' 8 Q. Mr. Barghini -- is that the correct way to 8 Q. Did you have any other jobs? I guess - 9 pronounce your name? 9 where did you work before 3M? Let me start with this, 10 A.Yes, it is. 10 how old were you when you started working for 3M? 11 Q. My name is David Greenstone, I represent 12 one of the lawyers that represents the plaintiff in 11 A. Goodness. My mathematics isn't that great, , , ,12 but maybe 20 30 20 about 23 perhaps. / 13 this lawsuit. Would you please introduce yourself? 13 Q. And did you -- had you ever -- did you have 14 A. My name is Robert Barghini. 14 jobs before 3M? 15 Q. And where do you currently live? 15 A. Yes. 16 A. I live in St. Paul. 16 Q. And what types ofjobs were they? 17 Q. And how long have you currently lived in St. 17 A. I worked at Western Electric after 1 got out 18 Paul? 18 of the service. 19 A. All my life. 20 Q. How are you currently employed? 19 Q. When were you in the service? 20 A. 1945 to about '47. . 21 a. I'm retired. 21 Q. And then you worked at Western Electric doing 22 Q. And how long have you been retired? 22 what? ........... 23 A. Pretty close to ten years. Excuse me, ten 23 A. Made cables for telephone receivers, et ; :; 24 years. 24 cetera. '- 25___ Q. So, was it 1988 when you... 25 Q. And did you - after Western Electric, is____________ Page 5 - Page 8 Page 25 1 mask -- how long had 3M been involved in making thes<: l was not a medical products division? Page 2 medical masks, the 1800? 2 A. That's right. 3 v A:. As I said, approximately at the end, sometime 3 Q. Okay. And so the 1800 was -- when did the 4 in the late'50s. 4 medical -- I'm sorry. When did the medical products 5 Q. Okay. Well, the only -- the part that I'm 5 division come into existence? 6 confused about is, you said that the 8500, the 6 A. I can't be specific. I don't remember when 7 development of that was sort of an outgrowth of the 7 it became a division per se. ' 8 1800 medical mask project. Had the medical mask 8 Q. Okay. But did the -- how long was ~ how 9 project been in existence before the 8500 project? 9 long did the gift wrap division manufacture the 1800 10 A. Yes. ' 10 for the medical products division? 11 Q. Okay. And do you know about how long it was 11 A. Many years. . 12 in existence?.................... 12 Q. For many years? 13 A. I'm not sure, but I think it was it's : 13 A. (Nodding head in the affirmative.). 14 still in existence today. 14 Q. Okay. And once again, I want to go 15 Q. Yeah, I'm - yeah. I'm not sure whether it 15 specifically to the 8500. Now, you said earlier tfaat 16 is or not. I'm just trying to find out when it first 16 this was a product that had different uses than the 17 started, if you know. 17 1800. IS A. I think I've answered that three times l : A. That's right. 19 already. It's about the -- 19 Q. Okay. And what were those uses? I'm sorry, 20 Q. Okay. I'm sorry, I apologize. 20 scratch that. 21 A. -- late '50s. 21 What was it developed for? The 8500, now. 22 Q. Okay. Now, what was the reason that the 8500 22 A. The 8500 was developed to offer comfort to 23 was developed? 23 users in nuisance dust environments. 24 A. I'm sorry, I guess I'm having trouble 24 Q. So it was made to offer comfort to users? 25 understanding. Your question was what? 25 MR. DisIPIO: Object -- Page 26 Page 28 1 Q. Now I'm asking about the 8500. 1 BY MR. GREENSTONE: 2 A. All right. 2 Q. I'm just -- that -- was it -- was it made to 3 Q. And this is a -- is this a different product 3 protect the users from nuisance dust? 4 than the 1800? 4 MR. DisIPIO: Objection, form. 5 A. It had different purposes, yes. 5 Go ahead, sir. 6 Q. Okay. And so you said that the 8500, they 6 A. Well, the product was offered as famishing 7 began -- 3M began development of the 8500 in the late 7 comfort to users in nuisance dust arras. Now, ifyou 8 '50s and early '60s, around that time? 8 call that protection, then it protected them. 9 A. I would put a little later date on the 8500 9 BY MR. GREENSTONE: 10 than late -- I wouldn't say the late '50s, early -- 10 Q. Okay. Was it -- can you explain to me the 11 early '60s. 11 differences between the 1800 and the 8500? 12 Q. Early '60s. Okay. And how did that project 12 A. Well, one was a medical product mask and it 13 get started? 13 was designed to protect the environment from the 14 A. Well, the medical mask was produced by the 14 wearer. And the nuisance dust mask was designed to 15 gift wrap division and the control of that product was 15 offer comfort and protection to the wearer from the 16 not with the gift wrap division. 16 environment 17 Q. Explain, what do you mean, the control of the 17 Q. Were they physically two different products? 18 product? 18 A. Yes. " 19 A. The gift wrap division manufactured the 1800 19 Q. Okay. Will you explain to me--I'm just 20 for the to-be medical division, medical products 20 really concerned about the 8500 more than the 1800. 21 people. ' 21 What physically did it look like? 22 Q. Okay. Did you say the to-be medical 22 MR. DisIPIO: Objection, form. Which? 23 division? 23 MR. GREENSTONE: The 8500. 24 A. That's right. 24 BY MR. GREENSTONE: 25 Q. Okay. At that point in the late '50s, there 25 Q. I mean, does it look - Page 25 - Page 28 Multi-PageTM Page 301 Page 303 1 when 1 was present. 1 98, does this refresh your recollection as to whether 2 Q. All right So you're reporting on your trip 2 it's below -- larger than five microns or smaller than 3 to National Safety Congress in what year? 3 five microns? 4 A. In 1968. 4 A. Yes, I can read it. It -- 5 Q. All right. Now, you left -- well, my 5 Q. Why don't you read it into the record, sir. 6 understanding from your testimony is you left the 6 A. It says. The filtration efficiency 7 products, the 8500 and the 8710 products, I think you 7 determined on live subjects of various facial sizes 8 said around 1974; is that correct? 8 exposed to a controlled cloud of nuisance dust 9 A. That's right. . 9 particles of which 95.8 percent by count are below 10 Q. What is your knowledge of packaging after 10 five microns in size." - 11 1974 of either product? 11 Q. All right So, when you said -- several 12 A. I have none. 12 times today you said below five microns, several times 13 Q. Now, you also, sir, indicated that you were 13 you said above five microns. Does this refresh your 14 talking about the respirators ceasing to function 14 recollection that it's below five microns? * 15 properly with respect -- or you were asked some 15 A. Yes, it docs. 16 questions about the respirator having a cake on it, do 16 MR. DiSIPIO: That's all the questions I 17 you recall that? 17 have. 18 A. Yes. 18 MR. GREENSTONE: I don't have any recross. 19 Q. What did you give the term of art that you 19 VIDEOGRAPHER: This concludes the deposition 20 gave to that? 20 of Mr. Barghini at 5:19. 21 A. Filter cake. 21 (WHEREUPON, this matter was 22 Q. All right. Now, does the respirator cease to 22 adjourned at 5:19 p.m.) 23 function with respect to protection of the worker if 23 24 it collapses against the face because of loading by 24 25 the filter cake? 25 Page 302 Page 304 1 MR. GREENSTONE: Objection, form; objection, . 1 STATE OF MINNESOTA) 2 leading.................................................................................... 2 COUNTY OF DAKOTA) 3 A. As a filter cake builds up, it becomes more 3 I, JOHN R. BRENNAN, C.S.R., a notary public in and 4 difficult to breathe through, and as one uses it under 4 for the County of DAKOTA and State of MINNESOTA, do 5 these conditions, you get a better fit. No, it 5 hereby certify that ROBERT J. BARGHINI was by me first 6 doesn't affect the function of the mask in terms of 6 duly sworn, to testify the truth, the whole truth, and - -- 7 fitting. 7 nothing but the truth, and that the above deposition 8 BY MR. DiSIPIO: 8 was recorded stenographically by me and reduced to 9 Q. What, if any, concerns were there with 9 typewriting by me. I FURTHER CERTIFY that the 10 collapse of the respirator on the worker? 10 foregoing transcript of the said deposition is a true 11 A. Strictly comfort to the user. 11 and correct transcript of the testimony given by the 12 Q. And lastly, sir, let me show you an exhibit 12 said witness at the time and place specified 13 which was marked at yesterday's deposition as exhibit 13 hereinbefore; that the witness did not waive reading 14 number 98. Would you take a look at that, sir. 14 and signing of said deposition. I FURTHER CERTIFY 15 A. Yes. " ' .. : : : . 15 that I am not a relative or employee or attorney or 16 Q. Would you look at -- first of all, what is 16 counsel of any of the parties, nor a relative or 17 exhibit 98? 17 employee of such attorney or counsel, or financially 18 A. It describes the 8500 filter mask. 18 interested directly or indirectly in this action. IN 19 Q. All right. Now, do you recall some questions 19 WITNESS WHEREOF, I have hereunto set my hand and seal 20 today, several questions, about the filtration 20 of office this 19th day of January, 1999. 21 efficiency of the 8500, and there was some questions 21 22 about whether it was below five microns or above five 22 23 microns, do you remember those questions? 23 JOHN R. BRENNAN 24 A. Yes. Pardon me. 24 Certified Shorthand Reporter 25 Q. Okay. Looking at this document, this exhibit 25 My notary commission expires January 31, 2000. Page 301 - Page 304