Document 3NrBvY1aGEMgd2JzwvjbRE1w0
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1 Let's bring the jury in, please.
1 have to do is, when you listen to this evidence and
2
(Whereupon, jury present -- 2:26 p.m.)
2 when you evaluate it, you are going to have to put
3
THE COURT: Please be seated, ladies and
3 yourself back in time, because you have to look at
4 gentlemen.
4 this evidence the way people who are doing industrial
5 Good afternoon.
5 hygiene and industrial medicine looked at this
6 THE JURY: Good afternoon.
6 evidence decades ago.
7 THE COURT: Did you all have a nice,
7 This is what is known as the state of the
8 relaxing, cool lunchtime out there?
8 art in the case. And as Mr. McGowan mentioned to you
9 THE JURY: Yes.
9 this morning, I am going to spend a little time this
10 THE COURT: Okay.
10 afternoon talking to you about this part of the case.
11 We are ready to proceed.
11 The evidence that you are going to hear is
12 Ms. Tostanoski will now address you for her 12 really the history of industrial medicine and
13 opening.
13 industrial hygiene.
14
MS. TOSTANOSKI: Thank you, Your Honor. 14
And it is real easy for all of us to sit
15 Good afternoon.
15 here today and say, in May of 1996, this is what we
16 THE JURY: Good afternoon.
16 know about asbestos, and this is what we know about
17 OPENING STATEMENT
17 exposures and diseases that can result, but that is
18 MS. TOSTANOSKI: My name is Gerry 18 not what we are here to do.
19 Tostanoski. And along with Scott Burns, who is kind 19
I am going to talk about the state of the
20 of hidden back there, we represent Owens-Illinois. 20 art, which more simply, an easy way to say it is, what
21
First of all, I would like to thank you for
21 was known and when it was known.
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1 your service. I am sure when you all came here
1
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Now, the plaintiffs' lawyers have told you
2 yesterday, none of you thought that you would go home 2 that the defendants, including my client, Owens-
3 and tell your families, see you June 19th. It is a
3 Illinois, are at fault because the products that they |
4 big sacrifice. And I appreciate it, and my client
4 distributed and manufactured were defective back in
5 appreciates it.
5 the '40s and the 1950s.
6 There are three very difficult things you
6 The plaintiffs told you that we should have
7 are going to encounter in this trial. The first thing
7 known in the 1930s that asbestos-containing products
8 I already mentioned, the great personal sacrifice you
8 and exposure to asbestos could cause disease.
9 will all be making to sit here and serve every day, 9 Now, one of the things that life teaches you
10 day after day, for the next month or so.
10 is that the answers that you get depend on the
11 The second one was talked about this
11 questions that you ask. And that was true then and
12 morning, too. Some of the testimony that you are
12 and that is true now.
13 going to hear in this case is going to be difficult to
13
Now, back in the 1930s, doctors and
14 listen to.
14 scientists did ask a question about asbestos and its
15
No one here is going to dispute that cancer
15 ability to hurt humans.
16 is a human tragedy or that these were good men and 16
Man figured out asbestos, which you learned I
17 that these men suffered and that their families love
17 this morning, is a naturally occurring mineral that is
18 them very much and miss them.
18 mined from the earth that had unique properties.
19
There are some things that are going to be
19
For example, the fibers could be removed
20 disputed in this case, but that is not one of them.
20 from the rock, and it could be woven into a cloth.
21 Now, the third thing that you are going to 21 And it was a good binder, held things together, so it
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