Document 50a96aR0N7a43xaOr40EgMVRV
FILE NAME DuPont DUP DATE 1987 Apr 21
DOC DUP177
DOCUMENT DESCRIPTION Legal - Trial Testimony of Vincent Gallagher
Page
Line
1428-1455
Vincent Gallagher
Trial Testimony
4/21/87
Millison
E.l. DuPont
PARITTERIDUPONT
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SUPERIOR COURT OF NEN LAW DIVISION - CAMDEN DOCKET NO 27251-79
JERSEY
COUNTY
HILLIAM B. MILLISON MILLISON HIS WIFE
AND MARIE VERNON G.
KRONMAIER AND DOROTHY KRONMAIER
HIS WIFE HAROLD SCHWEBEL AND
SUSAN SCHWEBEL HIS WIFE
CLARENCE SCHWEBEL AND GERALDINE
SCHHEBEL HIS WIFE FRANK
BAPTISTE AND CATHERINE BAPTISTE
HIS WIFE AND EDWARD B. AGAR
AND EILEEN AGAR HIS WIFE
VIIT VIIT
VIIT
f
PLAINTIFFS
.
TRANSCRIPT OF PROCEEDINGS
VS.
E.I. DU PONT DE NEMOURS AND COMPANY
DEFENDANT
BEFORE
HONORABLE
* ** * H. HURLBURT
* * * &X
TOMLIN
.S.C
CAMDEN COUNTY HALL OF JUSTICE
CAMDEN NEW JERSEY
17
TUESDAY APRIL 21 1987
18
APEARANCES APPEARANCES APPEARANCES APPEARANCES APPEARANCES
19
TOMAR SELICER SIMONOFF
ADOURIAN & O'BRIEN ESQUIRES
BY
DAVID JACOBY ESQUIRE
JOSHUMA. SPIELBERG ESQUIRE
DEBORAH SILVERMAN KATZ ESQUIRE
ATTORNEYS FOR THE PLAINTIFFS
CARPENTER BENNETT & MORRISSEY ESQUIRES
BY
THOMAS L. MORRISSEY ESQUIRE
ROSEMARY ALITO ESQUIRE
SILVIO J. DE CARLI ESQUIRE
ATTORNEYS FOR E.I. DU PONT
MASTROIANNI & FORMAROLI INC
Professionals Serving Professionals
|
Ce
1283
1
HITNESS HITNESS HITNESS HITNESS
INDEX INDEX
HITNESS
DIRECT CROSS REDIR RECROSS
ont
Bee
VINCENT A. GALLAGHER
1428
1451
a
A
16 ase
17
7 a
er
18
19
MASTROIANNI & FORMAROLI INC Professionals Serving Professionals
1428
WITNESS THAT YOU WANT TO PUT ON THE STAND I
~
N UNDERSTAND
MR JACOBY
YES YOUR HONOR FINAL
GALLAGHER PLAINTIFFS WITNESS WILL BE VINCENT A.
sana
JUNIOR
THE COURT
WOULD YOU STEP UP AND BE
SWORN BY THE CLERK PLEASE SIR VINCENT A. GALLAGHER HAVING BEEN DULY SHORN WAS
10
EXAMINED AND TESTIFIED AS FOLLOW:S)
DIRECT EXAMINATION OF MR GALLAGHER BY MR
11 :) JACOBY
12
0
GOOD AFTERNOON MR GALLAGHER
13
A.
14 Q.
15
A.
16 0
17
A.
GOOD AFTERNOON COULD YOU GIVE US YOUR ADDRESS PLEASE FOUR LONGWOOD COURT STRATFORD NEW JERSEY ARE YOU CURRENTLY EMPLOYED SIR YES SIR
18
Q.
19
A.
BY WHOM IT'S THE OCCUPATIONAL SAFETY AND HEALTH
20
CONSULTATION GROUP
0
AND WHAT IS THAT
A.
IT'S AN ORGANIZATION THAT CONSISTS OF ME AND
I PROVIDE CONSULTIVE SERVICES IN THE FIELD OF
OCCUPATIONAL SAFETY AND HEALTH TO INTERNATIONAL
AGENCIES TO LABOR ORGANIZATIONS AND TO LAHYERS
MASTROIANNI & FORMAROLI INC
ProfesSersviing oPronfeassilonasls
1429
GALLAGHER er Q.
MR
GALLAGHER - DIRECT - JACOBY WERE YOU AT ONE TIME EMPLOYED
ae 2
BY THE UNITED STATES DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
A.
YES SIR
AND WHEN DID YOU BEGIN YOUR -- I WILL REFER
fe TO THEM AS OSHA FROM NOW ON WHEN DID YOU BEGIN
YOUR EMPLOY WITH OSHA
A-
IN APRIL OF 1982
Q.
10
A.
11
Q
19827
EXCUSE ME 1972
AND DID YOU HAVE A JOB TITLE WHEN YOU BEGAN
YOUR EMPLOYMENT THERE
13
A-
14
Q
YES SIR IT WAS SAFETY SPECIALIST
AND WHAT HAS THAT
A.
AS A SAFETY SPECIALIST I WOULD ENFORCE THE
16
OCCUPATIONAL SAFETY AND HEALTH STANDARDS AND
17
REGULATIONS BY MAKING INSPECTIONS IN WORKPLACES
18
BASED UPON WORKER COMPLAINTS OR BASED UPON
9
IMMINENT DANGER COMPLAINTS OR GENERAL SCHEDULE
20
INSPECTIONS OR HE WOULD ALSO RESPOND TO OTHER
INCIDENTS OF PUBLIC ATTENTION
0
HOW LONG DID YOU REMAIN HITH OSHA
An
I LEFT OSHA IN OCTOBER OF 1985
"
DID YOU WORK CONTINUOUSLY FOR OSHA FROM 1972
UNTIL OCTOBER OF 19857
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPrn ofea ssil onasls
GALLAGHER - DIRECT - JACOBY
1430
A.
I HAD A YEAR LEAVE OF ABSENCE FROM OSHA
FROM NOVEMBER OF 1980 UNTIL NOVEMBER OF 1982 WHERE
I SERVED AS THE REGIONAL ADVISOR IN OCCUPATIONAL
SAFETY AND HEALTH FOR THE ORGANIZATION OF AMERICAN
STATES WORKING IN LIMA PERU -- WORKING OUT OF LIMA PERU MY TERRITORY WAS LATIN AMERICA AND THE
CARIBBEAN
Q-
UPON YOUR RETURN YOU WENT BACK TO OSHA IS
THAT CORRECT
A-
YES SIR
0
MR GALLAGHER DID YOUR JOB TITLE OF SAFETY
SPECIALIST EVER CHANGE AT ANY POINT IN TIME DURING
YOUR EMPLOY AT OSHA
A.
MY JOB FUNCTION CHANGED ALTHOUGH THE
TITLE -- THE TITLE HAS CHANGED ALSO FROM SAFETY
16
SPECIALIST TO OCCUPATIONAL SAFETY AND HEALTH
17
SPECIALIST
18
"
DO YOU KNOW WHEN THAT CHANGE TOOK EFFECT
19
A-
APPROXIMATELY 1980
0
AND YOU SAY YOUR FUNCTIONS CHANGED
A.
ACTUALLY THE JOB TITLE CHANGE WAS AFTER THE
FUNCTION CHANGE
I WORKED AS A SAFETY SPECIALIST
UP UNTIL APPROXIMATELY 1976.
IN 1976 I WAS
TRAINED IN OCCUPATIONAL HEALTH
AND STARTED TO
PERFORM INSPECTIONS IN THE FIELD OF OCCUPATIONAL
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
GALLAGHER - DIRECT - JACOBY
1431
HEALTH IN 1976
MY OFFICIAL GOVERNMENT TITLE HAS
2
SAFETY
SPECIALIST UNTIL
APPROXIMATELY
19
--
IT WAS
WHEN I CAME BACK FROM PERU IN '82 THAT I LEARNED
THAT THE TITLE OF THE PEOPLE WHO DID WHAT I DID
HAD CHANGED FROM SAFETY SPECIALIST TO OCCUPATIONAL
SAFETY AND HEALTH SPECIALIST
ry
Q
DID YOU RECEIVE ANY SPECIALIZED TYPE OF
TRAINING WHEN YOU WENT INTO OCCUPATIONAL HEALTH
A.
YES SIR
10
Q.
HOULD YOU RECOUNT FOR US PLEASE THE TYPE
11
OF TRAINING THAT YOU RECEIVED
13
A-
WELL I HAD TAKEN A COURSE AT THE
UNIVERSITY W AT TEMPLE UNIVERSITY IN THE MEDICAL
14 15
ASPECTS OF OCCUPATIONAL HEALTH AND A COURSE IN
INDUSTRIAL HYGIENE AT RUTGERS AND THEN THERE HAS A
16
LONG PROGRAM PUT ON BY THE NATIONAL INSTITUTE
17 FOR OCCUPATIONAL SAFETY AND HEALTH IN CONJUNCTION
18
WITH TEMPLE UNIVERSITY AS WELL AS A WEEK PROGRAM
19
PUT ON BY OSHA AT THE OSHA TRAINING INSTITUTE IN
20
DES PLAINES ILLINOIS
21
"
ANYTHING ELSE IN REGARD TO YOUR TRAINING
A.
I DID FIELD TRAINING WITH INDUSTRIAL
HYGIENISTS FOR SOME AMOUNT OF TIME BEFORE DOING
HEALTH EVALUATIONS AND SAMPLING IN THE FIELD OF
OCCUPATIONAL HEALTH ON MY OWN
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
ney GALLAGHER - DIRECT - JACOBY
1432
0
ARE THERE ANY DIFFERENCES BETHEEN SAFETY AND
2
OCCUPATIONAL HEALTH
A.
BASICALLY THE DIFFERENCE BETWEEN A SAFETY
SPECIALIST AND AN INDUSTRIAL HYGIENIST OR
OCCUPATIONAL HEALTH SPECIALIST IS THAT THE SAFETY
SPECIALIST WOULD BE CONCERNED WITH THOSE TYPES OF
ENVIRONMENTS THAT WOULD CAUSE TO DAMAGE THE
OUTSIDE OF THE BODY FROM FALLS FROM
ELECTROCUTIONS FROM MACHINE GUARDING PROBLEMS
MATERIAL HANDLING PROBLEMS WHEREAS IN
OCCUPATIONAL HEALTH AN OVERSIMPLIFICATION OF THE
FIELD IS THOSE TYPES OF INCIDENTS WHICH HOULD
CAUSE DAMAGE TO THE INTERNAL PORTION OF THE BODY SUCH AS LUNG DISEASES BLOOD DISORDERS AND
DERMATITIS HEARING LOSS AND OTHER TYPES OF
16
PROBLEMS THAT ARE MORE RELATED TO INTERNAL
17
FUNCTIONS
18
0
FROM 1976 UNTIL YOU CEASED YOUR EMPLOYMENT
19
WITH OSHA DID YOU REMAIN IN THIS FIELD OF
OCCUPATIONAL HEALTH
A
YES SIR
0.
MR GALLAGHER DID YOU EVER HAVE OCCASION TO
La
VISIT THE REPAUNO PLANT OF THE DU PONT COMPANY
An
YES SIR
b 5
25
Q
AND COULD YOU TELL US PLEASE WHEN THAT
MASTROIANNI & FORMAROLI INC Professionals Serving Professionals
ent
ee
GALLAGHER - DIRECT - JACOBY
A LUNG
DS ISEORRDIDSORDER DEISRORRDERELATEDTTOO
NITROUS OXIDE Se NITROUS
ree
EXPOSURES
AT THE
0 .
AND YOU VISITED THE PLANT PERSONALLY
A.
YES SIR
DID YOU HAVE OCCASION SUBSEQUENT TO THIS
INVESTIGATION TO EVER AGAIN VISIT THE REPAUNO
10
PLANT
11
A.
YES SIR
CONJUNCTIWO ITNH IN aS eatenetre! CONJUNCTION CONJUNCTION CONJUNCTION . . eee wot
THE
FIRST
INSPECTION WE WEREALERTTE OD A --!
13
MR MORRISSEY :
1'M GOING TO OBJECT OBJECT
14 TO THIS YOUR HONOR THE ANSWERS ARE GOING WELL
BEYOND -- IH CONCERNED ABOUT HEARSAY TESTIMONY
16
CALLS FOR A YES OR NO ANSWER
17
THE COURT
I'LL HEAR COUNSEL AT
.18
SIDEBAR IN CHAMBERS
ASK EVERYONE TO STAY IN
19
PLACE AND WE'LL HAVE THE FURTHER REVIEW OF THIS
20
OBJECTION
21
SIDEBAR CONFERENCE
THE COURT
ALL RIGHT WILL YOU STATE
YOUR OBJECTION ON THE RECORD PLEASE
MR MORRISSEY
YES JUDGE IN THE
PRIOR QUESTION HE HAS ASKED HAVE YOU EVER VISITED
MASTROIANNI & FORMAROLI INC
Profes Sersvii ngoPrn ofea ssilonasls
GALLAGHER ~ DIRECT - JACOBY
1434
THE REPAUNO PLANT ON BUSINESS AND HE SAID YES AND
PROCEEDED TO GIVE THE OCCASION OF A NITROUS OXIDE
EXPLOSION OR SOMETHING
THIS MAN IS A
PROFESSIONAL WITNESS HE DOESN'T LISTEN TO THE
QUESTION JUST ENOUGH TO GIVE HIMSELF A BASE ON
WHICH TO TAKE OFF AND MAKE A SPEECH
THAT'S HIS
BUSINESS
I LET THAT ONE GO BY I DON'T WANT TO
BE LOOKING AS THOUGH I'M TRYING TO HIDE
SOMETHING
THE COURT
THAT ALREADY EXCEEDED
WHAT I UNDERSTOOD YOU WERE GOING TO ELICIT
MR JACOBY
I CUT HIM OFF
DID YOU
EVER HAVE OCCASION AND HE STARTED TO ANSWER AND
I GOT HIM TO THE NEXT OCCASION
THIS GUY IS
HARDLY A PROFESSIONAL WITNESS
HE'S NERVOUS AS
16
HELL UP THERE
HE'S TRYING TO ANSWER THE
17
QUESTIONS
1B
MR MORRISSEY
ALL HE HAD TO ANSWER
19 WAS YES OR NO DID HE HAVE OCCASION TO GO BACK /
20
THE PLANT
ALL HE HAD TO SAY HAS YES
HE STARTS
TO TAKE OFF
I DON'T KNOW WHERE HE'S GOING TO
HIND UP
HE'S GOING TO SAY THAT THE UNION
PRESIDENT TOLD HIM THAT THERE HERE A LOT OF
COMPLAINTS ABOUT ASBESTOS AND SO ON
AND I THINK
HE'RE MOVING FAST INTO THE HEARSAY AREA
MASTROIANNI & FORMAROLI INC
Professionals Serving Professionals
GALLAGHER - DIRECT - JACOBY
1435
.
rey MR JACOBY
I'M GOING TO ASK HIM
WHEN YOU WERE THERE WHAT DID YOU OBSERVE IF
s
rey,
ANYTHING WHAT DID YOU DO AND I'M FINISHED WITH
HIM
THE COURT
WHY DON'T YOU PROTECT IT
MR JACOBY BY PREFACING YOUR QUESTION AND SAY I
WANT TO ASK YOU IN ADVANCE TO AVOID TELLING US
WHAT SOMEONE TOLD YOU BUT WHAT WAS PROVOKED AS A
RESULT OF YOUR PRESENCE THERE SOMETHING LIKE
10
THAT
I AND THINK HE CAN SAY I SAW THE PRESENCE
11
OF A LOT OF THE INSULATION PIPES
I GUESS
THAT'S HHAT YOU'RE GOING TO HOPE FOR
13
BACK IN OPEN COURT
14
THE COURT
WE RECORD TO PROCEED
STAY SEATED PLEASE
ARE
16
MR JACOBY
17
BY MR JACOBY
YES YOUR HONOR
18
Q
MR GALLAGHER AT THIS TIME BEFORE HE GO ANY
19
FURTHER LET ME ASK YOU AND I KNOW IT'S
DIFFICULT TO TRY VERY HARD TO AVOID TELLING US
WHAT SOMEONE ELSE TOLD YOU
OKAY
NOW YOU TOLD US THAT YOU HAD VISITED
REPAUNO ON ONE OCCASION AND THEN YOU BEGAN TO TELL
US THAT YOU WENT BACK AGAIN IS THAT CORRECT
A.
YES SIR
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
-
Q.
GALLAGHER - DIRECT - JACOBY
1436
CAN YOU TELL HOW MANY TIMES YOU VISITED
TOTALLY THE REPAUNO PLANT
A.
PROBABLY FOUR MAYBE THREE OR FOUR TIMES
WHEN YOU VISITED 0
AND ON THOSE OCCASIONS
AI
THE en, re ae laren? be arneeden
REPAUNO REPAUNO
weeREPAUNO
PLANTCANYOU
PLANT ares
YOU
TELL
USWHAT Be PES ae
CAN
YOU
Be
TELL US IN REGARD TO ANY OOBSEBRVASTIOENSR RVAR TIA ONSOBSOBESREVRAVATTIIOONNSS THAT YOU
MAY
HAVE MADE
A.
AS I WAS WALKING AROUND UNION
PRESIDENT EadPRESIDa ENT PRESIDENT
PRESIDENT
PRESIDENT
DAVEWATSON POINTEDOUTTO ME --
EERE
JUST
TY MOMENT
cd
10
THE COURT
JUST A MOMENT
THE
11
INSTRUCTION OF THE COURT IS THAT YOU REFRAIN FROM
TELLING WHAT CONVERSATIONS TOOK PLACE BETWEEN YOU
13 AND THE UNION PRESIDENT OR ANY OTHER PERSON
14
BECAUSE THAT WOULD BE HEARSAY
15
THE WITNESS
YES YOUR HONOR
16
BY MR JACOBY
17
Q.
MY QUESTION TO YOU IS --
1B
THE COURT
WHAT DID YOU OBSERVE OF
1.9
YOUR OWN OBSERVATION
20
l
HERE
SfasieuitaelanBAMSAIS ite estTHERE
OBSERVED THE WITNESS I
THERE THAT
wale gid
LITERALLY
TONS
TONSOFASBESTOSINSULATION ON
GENERATING GENERATING GENERATING dee Rayo:
5
BY MR JACOB^
0
ANYTHING ELSE
MASTROIANNI & FORMAROLI INC Professionals Serving Professionals
GALLAGHER M DIRECT - JACOBY
1437
A-
HE WERE INVESTIGATING - HAS INVESTIGATING
IN DETE DETERMINE WHR ETHERM WORI KENN S ABE LE TO
At
INSULATION IDENTIFY
IDENTIFY INSULATION INSULATION
AND ASBESTO9 CONTAINED EAE CONTAINEDPs BT Sey Lee
INSULATION
WHICH CONTAIN
ASBESTOS
SO WE
CONDUCTED A SURVEY IN ORDER TO DETERMINE THE
ACCURACY OF THEIR OBSERVATIONS
0
HOW DID YOU DO THAT
WHETHER HERE ASKED TO WORKERS An
eu Piha
WEES ee aD >
A
PARTICULAR PARTICULAR A
AREA he AREA
OF
OF
INSIULATION Nc SUiLaATION
CONTAINED
ASBESTOS
we
10
OR WHETHER IT DIDN'T CONTAIN ASBESTOS
WE WERE <=
11 SO WE TOOK IF I REMEMBER CORRECTLY APPROXIMATELY
20
OF
SAMPLES
INSULATION WHICH WORKERS THOUGHTDID
CONTAINASBESTOS 13
NOT
hapeiees?{3 e008ASBESTOS
| AND APPROXIMATELY 20 OF WHICH
moet,
Pan .
14
THEY SAID - THEY THOUGHT CONTAINED ASBESTOS AND
15
WE HAD THEM ~~ SAMPLES EVALUATED IN A LABORATORY
16
THE RESULT WAS THAT WE FOUND -~
17
MR MORRISSEY I'M GOINTGO OBJECT
18
TO THIS YOUR HONOR THIS IS HEARSAY
19
MR JACOBY
I THINK YOUR HONOR HAS
INDICATED -~
MR MORRISSEY HEYSTACKING HEYSTACKING HEYSTACKING ABOUT
L
THE COURT ALL ALLOO W ALLOW W II
|
SIR
:
a
BY MR JACOBY
f
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssilonasls
1438
we GALLAGHER - DIRECT - JACOBY
0
GO AHEAD MR GALLAGHER
teh, a
A-
THE LABORATORYINDICATED INDICATED THAT WHEN
RLABORAE TORY Rass
THAT .
WORKERS THOUGHT
-- EXCUSE ME THE
ee
recs
INSULATION CONTAIN ASBESTOS NOT Me tt tet ee cm ee at ASBESTOS
; APPROXIMATELY
~
20
PERCENT PERCENT Scmmeenaetemmeaienal
THE T,, fl flIME IT
inaeaaie wiRR on
DSuIeDTFINDEED
CONTAIN
cis
ate
ASBESTOS
ASBESTOS
AND WHEN THOUGHT Ps i
Set pele
Bhar
Srnaon
ES
IT DIDCONTAIN
IT WAS OVER95 PERCENT OF THE TIME THAT
THEY WERE ACCURATE ACCURATE THAT IT DID INDEED CONTAIN
ASBESTOS.
10 0
DID YOU HAVE OCCASION ON ~- WHEN YOU HERE AT
11
THE REPAUNO PLANT TO TALK TO ANY MANAGEMENT
PERSONNEL OR MANAGEMENT REPRESENTATIVES
13
An
YES SIR
14
Q.
CAN YOU RECALL WHO YOU DID SPEAK TO
REICHWEIN DOCTOR A.
I SPOKE WITH
wi cate
AND I SPOKE
16 WITH APPROXIMATELY THREE OR FOUR OTHER MANAGEMENT
17
PERSONNEL
8
0
IN REGARD TO DOCTOR REICHWEIN CAN YOU
19
RECALL THE NATURE OF THE DISCUSSIONS -- ON HOW
MANY OCCASIONS DID YOU TALK TO HIM
A.
ON ONE OCCASION
Q.
AND CAN YOU RECALL THE NATURE OF THE
23
DISCUSSION THAT YOU HAD WITH DOCTOR REICHHEIN
24 24
A
25 25 Q.
YES SIR CAN YOU TELL US ABOUT IT PLEASE
MASTROIANNI & FORMAROLI INC Professionals Serving Professionals
GALLAGHER ~ DIRECT - JACOBY
1439
A.
THE NATURE OF THE DISCUSSION WAS TO
DETERMINE WHETHER DOCTOR REICHWEIN HAD ADVISED ANY
a
WORKERS OF ANY CONDITIONS ANY LUNG CONDITIONS
.
, WHICH HE THOUGHT WERE RELATED TO ASBESTOS
EXPOSURE
AND ALSO TO DETERMINE WHETHER HE
7
are .
THOUGHT THAT WORKERS THE LAGGERS IN PARTICULAR
THAT IS THE CRAFT THAT SPENT THE GREAT MAJORITY OF
THEIR TIME REMOVING INSULATION WHICH CONTAINED
ASBESTOS AND REPLACING INSULATION WITH
10 CONTAINING INSULATION WHETHER THE
11
LAGGERS HAD DISEASE AMONG www IF THERE WAS
12
ASBESTOS DISEASE AMONG THE LAGGERS BASED
13
UPON HIS MEDICAL EXAMINATIONS OF THOSE PEOPLE
Pine e
14
Q.
DID HE RESPOND TO YOU
:
poy e
A-
YES SIR
Cremnarsnay .
16
0
CAN YOU TELL US WHAT HE SAID
17
An
HE SAID THAT HE DIDN'T TELL ANY WORKERS THAT
.18 THEY WERE -- THAT THEY HAD ANY CONDITION THAT WAS
19 RELATETDO THE JOB WE WERE DETERMINING WITH
REFERENCE TO ONE PARTICULAR ~~ WE WERE TRYING TO
DETERMINE INITIALLY WITH REFERENCE TO ONE
PARTICULAR WORKER WHETHER HE HAD A LUNG CONDITION
THAT HAS AS A RESULT OF HIS APPROXIMATELY 25 YEARS
OF WORKING WITH ASBEST05
AND HITH REGARD TO THAT
PARTICULAR WORKER AS WELL AS ALL OF THE OTHER
MASTROIANNI & FORMAROLI INC Professionals Serving Professionals
: .
.
>
^' a <
ca
GALLAGHER - DIRECT - JACOBY
1440
WORKERS IN THAT PARTICULAR CRAFT THE LAGGERS OR
WAS IN DOCTOR THERE DISEASE ( ASBESTOS WORKERS
caren NO
get DOCTOR DN!
REICHWEIB N
MMIINDNDAAN ANNDD D
THERE NO THERE HAS HAS NO NO aes
REASONTO
TELL
TO
TO ANYBODY ANYBODY OF =~ ree ANYBODY oe CE TAR Ea
FUTURE
TAKE
PRECAUTIONS
ABOUT THE
0.
WHAT IF ANYTHING WAS PROVOKED AS A RESULT
OF YOUR TRIPS TO THE REPAUNO PLANT
A-
THERE WAS ----
MR MORRISSEY
OBJECT TO THAT AS
10 LEADING YOUR HONOR
11
MR JACOBY
I WOULD BE VERY HAPPY TO
13
REPHRASE IT YOUR HONOR IF IT'S A PROBLEM
THE COURT
I THINK YOU SHOULD
14
REFRAME THE QUESTION YES
BY MR JACOBY
16 Q.
CAN YOU TELL US -
DID YOU TAKE ANY ACTION
17 A A RESULT OF YOUR INSPECTIONS OF THE REPAUNO
18
.PLANT
-
19 A
Q.|
DID
YES SIR'
AND CAN YOU
TELL US
WHAT
IF ANYTHING
YOU
A
I STRONGLY RECOMMENDED TO THE AREA
~~
DIRECTOR
MR MORRISSEY
I'M GOING TO OBJECT
TO THIS
MASTROIANNI & FORMAROLI INC
ProfesSersvinig oPronfea ssilonasls
GALLAGHER - DIRECT bate JACOBY
1441
THE COURT
THAT'S OBJECTED TO
2 WHAT IF ANYTHING DID YOU FURTHER DO BY WAY OF
INVESTIGATIVE ACTIVITY OR ANALYSIS
THE WITNESS
WELL I PUT TOGETHER
ALL OF THE INFORMATION THAT WE HAD GATHERED AND
EVALUATED THE DATA THAT WE HAD DISCOVERED AS A
RESULT OF THE INVESTIGATION
BY MR JACOBY
0.
WHAT INFORMATION HAD YOU GATHERED
!
sient, A
WE HAD GATHERED --
en
pranme
MR MORRISSEY
I'M GOING TO OBJECT
an,
TO THIS YOUR HONOR
.
THE COURT I THINK WHAT WE OUGHT TO
ren, eae ' .
KNOW IS HOW DID YOU COLLECT DATA
n, THE WITNESS PART OF THE DATA HAS +
emanemny:
16 COLLECTED FROM PHYSICAL SAMPLES OF INSULATION
.
17 FROM THE LAB RESULTS AS A RESULT OF THE EVAL^ ATION
www wee tee
18 - OF THOSE SAMPLES
HE A. LSO - HAD
HE bee
X RAYS
OF
WORKERS 4
wwe ok
~
ALSO GATHERED 19
EVALUATED
HE
>
WORK HISTORIES OF THE
oe See or
were
ce cee eR
Penmartn, VARIOUS ~
20
CRAFTS TO DEFINE THE EXTENT OF EXPOSURE
.
pw 21
HE HAD TO CONSIDER HOW OFTEN THE VARIOUS CRAFTS
.
ARE EXPOSED TO ASBESTOS DUST AND SO HE HAD WORK --
WE
HISTORIES
AND HISTORIES HAD WORK HISTORIES
HADWORKWORK WORK HISTORIES HISTORIES
WE
HAD
THE
RESULTS
OF
THE RAYS HE HAD THE WORK PRACTICES
AND
WHEN I
SAY WORK HISTORIES AND WORK PRACTICES WERE
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng o Pronfea ssil onasls
GALLAGHER - DIRECT Ma JACOBY
1442
e DIFFERENT BECAUSE THE WORK HISTORIES WERE RELATED
2
TO THE AMOUNT OF TIME THAT THEY WERE WORKING WITH
aes .
CONTAINING INSULATION AND THE WORK
PRACTICES WERE RELATED TO COMPLIANCE HWITH THE
OCCUPATIONAL SAFETY AND HEALTH STANDARDS TO SEE
ey
WHETHER THE WORK THAT THEY PERFORMED HAS BEING
4
eee, ~_?
on .
PERFORMED
IN
A WAY
THAT
COMPLIED
WITH
THE LAW
oe
THE COURT
ASK YOUR NEXT QUESTION
poy
PLEASE
10
BY MR JACOBY:
11 0
DID YOU DO ANYTHING ELSE
12
THE COURT
AFTER YOU COLLECTED THAT
13
DATA WHAT DID YOU DO WITH IT THEN
THE IPARTICIPATED 14
WITNESS
IN THE :
ents 6aScryone oe wg e am 80 tone
a
no
...
15 WRITINGOF AREPORTWHICH MADERECOMMENDATIONS FOR fe tN oe
16
17
THE COURT
ALL RIGHT
18
BY MR JACOBY
19
Q.
TO WHOM DID YOU SUBMIT YOUR REPORT
ota:
A.
TO THE INDUSTRIAL HYGIENE SUPERVISOR
PHYLLIS KEINER .
Q.
DID YOU HAVE ANY INVOLVEMENT -- ONCE YOU HAD
SUBMITTED YOUR REPORT TO WHAT HAS HER NAME MISS
KEINER
A-
MISS KEINER
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
GALLAGHER - DIRECT - JACOBY
1443
HAVE enws, ERNEINVOLEMNT YTES tea
Q.
DIDYOU
FURTHER INVOLVEMENT SIR
oo
D
a
A.
YES SIR HAHD AD MANYHOUROFSDISCUSION DISCUSSION DISCUSSIDISOCUSNION
ABOUT NATURE THE VIOLATION
IM MR. MORRISSEY ?
GOING TO OBJECT
.
-
ke
TO THAT
ey
~ -
MR JACOBY
WELL YOUR HONOR THESE
ARE DISCUSSIONS THAT HE PARTICIPATED IN HE WAS
THERE THERE IS NO HEARSAY PROBLEM HERE
HE CAN
tery,
eee
CLEARLY TELL US WHAT --
THE COURT
WELL APPARENTLY HE SAID
THAT I PUT THE DATA INTO A REPORT WHICH MADE
RECOMMENDATIONS FOR CITATIONS
I HONESTLY THINK
THAT CONSUMING THOUGH IT MAY BE WE SHOULD
HAVE FURTHER CONSIDERATION OF THIS SUBJECT MATTER
IN CHAMBERS
16
MR JACOBY
VERY WELL
17
18
COME BACK
THE COURT
LET'S HAVE THE REPORTER
19
MEMBER OF THE JURY YOU'RE EXCUSED FOR A
BRIEF RECESS
INSTEAD OF CHAMBERS STAY HERE
PLEASE DON'T DISCUSS THE CASE EVEN AMONG YOURSELVES
JURY LEAVES COURTROOM
MR JACOBY
YOUR HONOR THIS HAS
MASTROIANNI & FORMAROLI INC
Profes Sersvinig o Pronfea ssil onasls
GALLAGHER - DIRECT - JACOBY
1444
neety
BEEN AS BARE BONES AS IT CAN POSSIBLY GET
HE
2 TOLD US HE MADE RECOMMENDATIONS
THE COURT
BUT NOW HE STATES WE
THEREAFTER HAD MANY HOURS OF DISCUSSIONS
MR JACOBY
YES
THE COURT
AND I THINK THAT WHAT
YOU'RE NOW GOING TO DO IF THIS FOLLOWS THE TREND
THAT I THINK IT IS IS HAVE HIM TELL OF MEETINGS
THAT TRANSPIRED AND NEGOTIATIONS THAT TOOK PLACE
.
ei
10
WITH DU PONT PEOPLE
pe .
11
MR JACOBY
NO YOUR HONOR
THE COURT
HELL I THINK THAT'S WHAT
13
MR MORRISSEY IS CONCERNED ABOUT
JUDGE SAY 14
MR MORRISSEY
WILL I d eee
eae Oe
Nia,-
--
15
NOW RIGHT
I
es
WAS TEMPTED TO
MOVE
FOR
MISTRIAL
16 WHENe Tet HAT | OUT Es WILL TELL NOW FOR THIS
SAY TO 17 MAN TO 'TO TO Be, car
THIS JURY AT THIS STAGE OF THE CASE
oT
DISCUSSED THEYDISCUSSED ante crete
VIOLATIONS
THERE HAS BEEN NO
C
BEEN EVIDEcNan Ct EerINTHISCASE THAT HE HAVE
CONVICTED CONVICTED
tae VIOLATIONS OF ANY Pers Ssieetess tpt saeco
HAVE
. HE HAVE BEEN CITED WEHAVE|
rn
BEEN CHCAHARRGGEED;DTHOSE CASESHAVE BEEN DISPOSED OF
ebb:
OE
AND IT'S BABD ADENOUGH TOHAVE TO DEFETe NDCAACSACE ASE S* E #
Cian THAT'S BEEN DISPOSEDUNDER 'THE ORDER WE HAVE DISPODSISPOESEDD ee wes rt |
BUT TO HAVETHEN AN INVESTIGATOR SAY TO THIS JURY
WE DISCUSSEDTHEVIOLATIONS IS TO TAR AND FEATHER
MASTROIANNI & FORMAROLI INC
ProfesSersvii ng oPronfea ssilonasls
GALLAGHER - DIRECT - JACOBY
1445
LAW BEFORE VIOLATIONS US WITH VIOLATIONS ALL HAVE WITH WITH ati VIOLATIONS 4, teeta lat: won
LAWey ee
WE
THIS IS - - ... ... ... ... CITATIONS CITATIONSWITH
TELL NEVERTO CARE Settee Sk NEVER
THEMACITATIONISNOTHING BUT
VIOLATED SUGGESTIONYOU walexp
+
Gibtae
ent wee
MAYHAVE
THE LAW ANDY
YOU'RE GOING TO HAVE TO FACE UP TO SOME PROFFER IN
THAT REGARD
VIOLATIONS
HE NON SAYSHEDISCUSSED
THE COURT ABSOLUTELYMRJACOBY
AND I ALMOST SPOKE OUT MYSELF TO SAY ALLEGED
10
VIOLATIONS AND THEN FELT THAT IT MIGHT LEND
11
UNHARRANTED EMPHASIS TO THE UTILIZATION OF THAT
TERM I THINK IT IS VERY OFFENSIVE
13
MR JACO S* B I'Y M GOING TO ASNK O
14 FURTHER QUESTIONS OF THIS WITNESS I REALLY THINK
15
THIS IS MORE THAN OVERREACTION
IT IS WHAT THE
16 OSHA PEOPLE WHEN THEY DISCUSSED THE CITATIONS
17
AND RATHER THAN USE THE WORD CITATION HE USED
118 19 20 21
VIOLATION HE HAD NOTHINTGO DO WITH THE DU PONT
COMPANY ALL HE CONFERENCE ABOUT
WAS TALKING ABOUT IS
WHETHER OR NOT THESE
AN HOUSE VIOLATIONS
SHOULD BE TERMED DELIBERATE OR NOT
I.T.
THE COURT
EVEN AGAIN YOU'RE USING
IT SHOULD BE ALLEGED VIOLATION
MR JACOBY
SORRY YOUR HONOR
ALLEGED VIOLATION
I'M
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
.
1446
GALLAGHER
DIRECT - JACOBY
THE COURT
I THINK IT'S TOO THIN ICE
2
FOR YOU TO TAKE THE CHANCE
:
eyoe
.
MR JACOBY
I'M NOT GOING TO
menamen THE COURT
I INFER HE MUST HAVE BEEN
.
A PARTICIPANT IN SOME OF THE NEGOTIATIONS THAT
en
TRANSPIRED
MR JACOBY
NO HE LEFT FOR PERU
HE HAD NOTHING TO DO WITH THE DU PONT COMPANY
HE
HAD HOUSE DISCUSSIONS WITH THEM AFTER HE ISSUED
10
HIS REPORT
11
THE COURT
I WOULDN'T HANT TO TAKE
THE CHANCE
13
MR JACOBY
I KNOW THAT
14
THE COURT
IF YOU WANT TO DO IT ON A
RULE EIGHT BASIS WE'LL DO IT RIGHT NOW
16
MR JACOBY
YOUR HONOR I DON'T
17
THINK IT NEEDS THE TIME
I'VE GOTTEN WHAT I
18
WANTED THE MAN TO SAY ABOut what HE DID AND WHAT
19 HE OBSERVED I NEVER WANTED ANY MORE FROM HIM
I'M FINISHED WITH HIM
MR MORRISSEY JUDGE
--
MR JACOBY
WE CAN'T MISUNDERSTAND
WHAT HE HAS TALKING ABOUT THAT'S ALL
LET'S NOT
OVERREACT
MR MORRISSEY
I WON'T COMMENT ON
MASTROIANNI & FORMAROLI INC
Professionals Serving Professionals
GALLAGHER
-
DIRECT
-
JACOBY
1447
YOU GETTING ALL YOU WANTED
pan
RESPECTFULLY REQUEST AN 2
REQUEST
ett! ain
THISJURY WHENTHEY WITNESSHAS ce
...
...
...
...... T... H...EYrie...kt APT... S REARS
hs
3 WITNESS WITNESS WITNESS
RETURN THE
THERE HAS DISCUSSIONS
DISCUSSIONS SAIDTHERE HAS
nei ae
DISCUSSIONS AND THERE OFse VIOLATION VIOLATIOVIONLATIONEEVIOLATION ES at
re
VIOLATION
HASBEENNNO OEVIDENCE bees Rha
EVIDENCE
THAT EVIDENCE 2EEREOF THAT THAT
OF
ANDANDTHAT IS
--
THAT
COMMENT TO COMMENTfea,COMMENT
IS
IS = sae
BE DISREGARDED .
MR JACOBY
I DON'T HAVE A PROBLEM
WITH THAT
10
MR MRiar GOVERNMENT reece GOVERNMENT se
11 THE LAH WHEN HIS OWN SUPERIORS WON'T SAY IT
THE COURT YOU'VE GOT IT
13
MR JACOBY NO PROBLEM
14
THE COURT
I THINK HE OUGHT TO BE
BROUGHT BACK ON A RULE EIGHT BASIS AND WE OUGHT TO
16
FIND OUT JUDGE WHAT HE WAS GOING TO SAY
17
MR JACOBY
ALL RIGHT
18
WITNESS RETURNS WITHOUT THE JURY
19
PRESENT
BY MR JACOBY
0
MR GALLAGHER JUST BEFORE THE JURY WAS
EXCUSED YOU HAD STARTED TO SAY AFTER YOU HAD MADE
THE RECOMMENDATIONS IN YOUR REPORT YOU WERE THEN
INVOLVED IN SOME DISCUSSIONS
A.
YES SIR
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
GALLAGHER=~ DIRECT - JACOBY
1448
.0
COULD YOU TELL US PLEASE WHAT DISCUSSIONS
YOU
i
WERE
INVOLVED
IN
WITH WHOM
YOU
WERE
INVOLVED
A.
THEY WERE DISCUSSIONS DISCUSSIONS S WITHTHE AREA
DIRECTOR HHAARRYRHARRRYYcA d LLENDORAP NDHPHYLLIS KEINER 35,AEE -
THE
INDUSTRIAL HYGIENE SUPERVISOR AND MELISSA HESHS ESS AN
INDUSTRIAL HYGIENIST WHO WAS WORKING TOGETHER WITH
ME ON THE INSPECTION
AND WE WERE HAVING
DISCUSSIONS
--
WE
HAD
VARIOUS
DISCUSSIONS
OVER
10
OSHA POLICY OVER THE CORRECT LEGAL WAY TO ADDRESS
THE PROBLEM THAT WE HAD APPARENTLY DISCOVERED
11
Q.
THE PEOPLE THAT YOU ENUMERATED TO US JUST A
SECOND
AGO
THREE OR FOUR PEOPLE
HERE
|
THEY
ALL
j
REPRESENTATIVES 13
Pas Sac ese
aes
OF OSHA
aoe
.
14
A.
YES SIR
15 Q-
DID YOU HAVE DISCUSSIONS WITH ANYONE OUTSIDE
~~
16
OF OSHA
es 17
A
WE WOULD HAVE HAD DISCUSSIONS ~~ THEY HOULD
18
HAVE HAD DISCUSSIONS MR ALLENDORPH PROBABLY
19
0
-
I MEAN YOU
_ A.
NO SIR
MR MORRISSEY
MAY I ASK THE WITNESS
_ A QUESTION , THE COURT
YOU MAY
BY MR MORRISSEY
Q.
- DID I HEAR YOU CORRECTLY THAT YOU
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
GALLAGHER - DIRECT - JACOBY
1449
1RECOM ENDED RECOMMENDEDACITATCIITOATNIONBEFe? ISSUED
mer
A. BID SIR - YES
me Q. REMEMBERBEBIENINGG BAESIKNEGDAeaSe KEDTHIS QUESTION QUESTION
ate
AND
GIVING ON GIVING ANSHER GIVING Hn
bite en. 23) Teena
DEPOSITION
DEPOSITION
NOW == PAGE
30
NOWMA ER NOWMA * 0.45 La oO
GALLAGHER YOU'VE YOU'VE eh il datecS SSE. ow reondeeh ise:
:
TOt LDe ME YOU
TOLD ME ten
DIDNAT DIDNAT PERSONALLY PERSONALLYMAKE DECISION WHETHER OR NOT
TO CITATION DID YOU MAKE A REPORT
emai RECOMMENDING THAT THTHAT ATHAT THTAT DONENOT DONE AS PART 7
OF YOUR JOB DUTIES
pore
ANSWER NO MA'AM ,
ANSWER
: ANSWERteas aes
... Maem MA'AM
YOU REMEMBER BEING ASKED THAT QUESTION
pean GIVING e
ren
AND
THAT
a cine vet Liteswe we
ANSWER
.
A. YES SIR
anomtser
AND GOING ON TO EXPLAIN I HOULD JUST HAVE
16
FILLED OUT FORMS THAT HERE REQUIRED THAT HOULD BE
eeeem,
Nan
17
SUBMITTED
18
DO YOU REMEMBER GIVING THAT SUPPLEMENT TO
19 a
A.
YES SIR I MADE VERBAL RECOMMENDATIONS
SIR
YOU "
Q.
WEREN'T ASKED WHETHER IT HAS VERBAL OR
" "
ORAL YOU WERE ASKED IF YOU RECOMMENDED IT AFTER
.
pnoeman, YOU SAID YOU WERE NOT IN DECISION PROCESS b AND YOU REPLIED NO DIDN'T YOU
1 1
MASTROIANNI & FORMAROLI INC
Professionals Serving Professionals
1 ey
GALLAGHER - DIRECT - JACOBY
1450
A.
NO SIR IT SAYS WRITTEN DID YOU MAKE A
WRITTEN REPORT THERE YOU'RE MISREADING THE
QUESTION THERE SIR
0
IT DIDN'T SAY A WRITTEN REPORT DID IT
DID
YOU MAKE A REPORT RECOMMENDING IT BE DONE
A
IF YOU REREAD THE QUESTION I'LL CONFIRM MY
ANSWER
*
Sa Q
QUESTION NOW MR GALLAGHER YOU'VE TOLD ME
YOU DIDN'T PERSONALLY MAKE THE DECISION WHETHER OR
10
NOT TO ISSUE A CITATION
DID YOU MAKE A REPORT
11
RECOMMENDING THAT BE DONE OR NOT DONE AS PART OF
YOUR JOB
13
IT DOESN'T SAY WRITTEN OR ORAL IT JUST SAYS
14
A REPORT DOESN'T IT
THAT HAS THE QUESTION
A
I'M SORRY IF YOU COULD READ IT AGAIN I
16 DIDN'T REALIZE --
17
M
NOW MR GALLAGHER YOU'VE TOLD ME YOU
18
DIDN'T PERSONALLY MAKE THE DECISION WHETHER OR NOT
19
TO ISSUE A CITATION
DID YOU MAKE A REPORT
RECOMMENDING THAT THAT BE DONE OR NOT DONE AS PART
OF YOUR JOB DUTIES
NO MA'AM
AND THEN IT WENT
ON
AND TO WHOM WAS THAT ADDRESSED
I HOULD JUST
HAVE FILLED OUT FORMS YOU SAID
A.
BUT MY ANSWER TO THE QUESTION DID I MAKE A
RECOMMENDATION IN A REPORT HAS CORRECT
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
GALLAGHER ~ DIRECT - JACOBY
1451
MR MORRISSEY
I HAVE NOTHING
2 FURTHER YOUR HONOR
THE COURT
ALL RIGHT
LET'S HAVE
THE JURY PLEASE
JURY ENTERS COURTROOM
THE COURT
MEMBERS OF THE JURY
PRIOR TO THE TIME THAT YOU WERE EXCUSED MR
GALLAGHER THE WITNESS PRESENTLY ON THE STAND
INCORPORATED INTO AN ANSHER THE USE OF THE TERM
10
VIOLATIONS
IT'S THE RECOLLECTION OF THE COURT
11
THAT THIS WAS AT OR ABOUT THE TIME HE SAID HE PUT
THE DATA THAT HE COLLECTED INTO A REPORT AND IT
13 WAS THE IMPULSE OF THE COURT AT THAT TIM TOE*
4 INTERRUPT- AND CORRECT THAT TERM VIOLATIONANSD IT
15 PROPERLY SHOULD READ ALLEGED VIOLATIONS 90 THAT
16
YOU ARE INSTRUCTED TO ACCEPT THAT PHRASEOLOGY AND
~, TERMINOLOGY 17
TO PUT OUT OF YOUR MIND THE OTHER
18 19
YOU MAY ASK YOUR NEXT QUESTION
MR JACOBY
I HAVE NO FURTHER
QUESTIONS YOUR HONOR EXAMINATION OF MR GALLAGHER BY MR
MORRISSEY
0
MR GALLAGHER JUST A FEW QUESTIONS
PLEASE
IN THE COURSE OF YOUR INVESTIGATION YOU SAID
MASTROIANNI & FORMAROLI INC Professionals Serving Professionals
GALLAGHER - CROSS - MORRISSEY
THAT WHAT YOU OBSERVED WERE -- I DON'T KNOW
2
WHETHER YOU CALLED IT MILES BUT A LOT OF PIPES
WITH ASBESTOS COVERING OR ASBESTOS INSULATION
A.
YES SIR
Q. THE
AND DOSTOKDNOW SPECIFICITY WITH 2 SPECIFICITY WHICH SPESCIFICITYPECIFICITYaE atined SA |OF
ASBESTOS MATERIAL PIPES WWIITTHH WERE COVERED PIPES TET WEREWERE COVERED COVEREDCOVEREDCOVERED
ASBESTOS
arSaret WITH
a
a
eeweMAvTEReIAL
te
cee
~
AND
WHICH PIPES HAD HHAD AD ITREMOVED HAD SUBSTITUTE aS n e enP P BENS
MATERIAL PLACED ON THEM
NOT REGARDTO THE ENTIRE A
WITH
NOTNRaet yfeh tae ay kee
PLANT BUT WITH
10
REGARD TO THE SPECIFIC SAMPLES THAT WE TOOK I
11
WOULD KNOW WHICH RUNS OF PIPE CONTAINED ASBESTOS
12 10
HOW MANY SAMPLEDISD YOU SUBMIT
13
I THINK THERE WERE APPROXIMATELY 40
14
Q.
OUT OF HOW MMANY ANY MILES OF PIPE THAT YOU
15
DESCRIBED
16
A
DURING THE -- HOW MANY MILES OF PIPE
THERE
17
WOULD HAVE BEEN PROBABLY -- A ROUGH ESTIMATE HOULD
18 BE TEN 20 MILES OF PIPE
Q.
YOU TOOK 40 PIECES OF INSULATION
A-
YES SIR
Q
IN WHICH YOU FOUND SOME HAD ASBESTOS AND
SOME DID NOT
A
YES SIR
0.
YOU TOOK AIR SAMPLING EITHER DID YOU
A-
NO SIR
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssilonasls
mae
e vetite fee
ein
eo
J
.
pone . pe .
.
na n ~
1
n
GALLAGHER A CROSS - MORRISSEY
10 10
AND DURING THE COURSE OF NONE OF YOUR VISITS
YOU OBSERVEGAhNaYr OF ~OF OF THE TEARING TEARING OUT AS
BELIEVE IT WAS REFERRED TO OF OLD INSULATION
YOU
DIDN'T SEE ANY OF THAT DID YOU
TAKING A.
NNO O TES: SIR SIR
WHILE "UTTAR oy h
WE WERE
CONDUCTING OUR INSPECTION
TrT, r h.e,rp
0
AND HER HERENT THEE RE WN HENT HAS BEING
REPLACED WERE
vet
SIR .
A.
NOT SIR
10
Q.
me
PERSONAL ys ot
pc. Sere
SO
HAVE YOU
NO nee heel
PERSONAL
FIRSTHAND KNwOeWeLsKNOWLEEDG DGE
11 OF WHAT THE ENVIRONMENT HAS WHEN THAT WENT ON DO
12
YOU BECAUSE YOU DIDN'T SEE IT GOING ON FIRSTHAND
13 PERSONAL KNOWLEDGE
14
A.
cent ?
NO SIR
.
Q.
THANK YOU
16
NOW SIR YOU TESTIFIED ON DIRECT
17
EXAMINATION YOU'LL RECALL IN RESPONSE TO A
18
QUESTION THAT YOU RENDERED A REPORT AND
19
RECOMMENDATIONS
DO YOU REMEMBER GIVING that
TESTIMONY A MOMENT AGO
A.
YES SIR
0
DO YOU REMEMBER BEING ASKED THESE QUESTIONS
AND GIVING THESE ANSHERS ON DEPOSITION AT PAGE 30
IN RESPONSE TO A QUESTION PUT TO YOU BY MY
PARTNER MISS ALITO WHEN SHE DEPOSED YOU NOT TOO
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
GALLAGHER - CROSS
LONG AGO IN MARCH OF 877
MORRISSEY
2
QUESTION
DIDNT PERSONALLY ME YOU
PERSONALLY
DECISION MAKE DECISION DECISIONapes2 WHETHER
OR NOT TO ISSUE CITATION DIDYOUREPA OREPOR RT RETPORT
RECOMMENDING RECOMMENDING THAT THAT DONE OR NOT DONE AS PART
OF YOUR JOB DUTIES
ANSWER MA' MA'AMOAMA'M AMOO ..:
DO YOU REMEMBER BEING ASKED THAT QUESTION
Pao
ot
~.
AND GIVING THAT ANSHER
10
e, .
11
0.
AND THEN BEING ASKED
AND TO WHOM -- PAGE
pewtr,
12
31
TO WHOM HAS THAT REPORT ADDRESSED
13
ANSWER
IT WASN'T ADDRESSED TO ANY
14
PARTICULAR PERSON WITHIN OSHA
I WOULD HAVE JUST
15
FILLED OUT FORMS THAT WOULD BE REQUIRED THAT WOULD
16
BE SUBMITTED TO THE INDUSTRIAL HYGIENE
17
SUPERVISOR
18
DO YOU REMEMBER BEING Asked THOSE QUESTIONS
19
AND GIVING THOSE ANSWERS
A.
YES SIR
Q.
THAT'S WHAT YOU WERE ON THIS JOB AN
INVESTIGATOR WERE YOU NOT
A-
WELL AS AN OCCUPATIONAL SAFETY AND HEALTH
SPECIALIST INVESTIGATION IS PART OF MY FUNCTION
0
AND THAT'S WHAT YOU WERE DOING AT THIS TIME
MASTROIANNI & FORMAROLI INC Professionals Serving Professionals
GALLAGHER - CROSS - MORRISSEY
1455
ON THIS JOB
2 A.
I WAS NOT ONLY INVESTIGATING I WAS
EVALUATING SIR
FURTHER
MR
MORRISSEY
,
I HAVE NOTHING
MR JACOBY
I HAVE NO QUESTIONS
THE COURT
YOU MAY STEP DOWN SIR
THE WITNESS
THANK YOU
WITNESS LEAVES STAND
10 11
MR JACOBY
YOUR HONOR MR
GALLAGHER WAS THE FINAL PLAINTIFFS WITNESS TO BE
CALLED IN OUR CASE IN CHIEF
THE ONLY REMAINING
13
PARTS OF THE PLAINTIFFS CASE WOULD BE SOME
14
EVIDENTIARY MATTERS THAT WE HAD GOTTEN INTO
15
EARLIER AND WHICH HOPEFULLY WILL BE CONCLUDED
1.6
TOMORROW
I
THINK
IS
THAT
view
AM
I
RIGHT
17
THE COURT
ALL RIGHT
MEMBERS OF
18
THE JURY COUNSEL HAVE OUTLINED TO THE COURT THE
19
FACT THAT THERE ARE SOME DOCUMENTS AND OTHER
20
WRITTEN MATERIAL THAT WILL BE OFFERED AS EXHIBITS
21
IN EVIDENCE
AND THOSE WILL BE ITEMS THAT
EXPECTABLY WILL GO TO THE JURY ROOM WITH YOU AT THE TIME THAT YOU RETIRE SUBSEQUENT TO THE
SUMMATIONS AND CHARGE AND OF COURSE AFTER THE DEFENSE CASE HAS BEEN PUT IN TO PURSUE YOUR
MASTROIANNI & FORMAROLI INC Professionals Serving Professionals
GALLAGHER - CROSS - MORRISSEY
1456
DELIBERATIONS
2
THERE WILL BE SOME INTERCHANGES BETHEEN
COUNSEL IN CONNECTION WITH THE ITEMS DESCRIBED AND
THEIR ADMISSIBILITY AND THAT'S GOING TO TAKE SOME
5
TIME
SO I'M HEREUPON EXCUSING YOU FOR THE DAY AT
THIS TIME AND HOPEFULLY THE ATTORNEYS WILL BE ABLE
7
TO GET THE SUBJECT MATTER RESOLVED so thaT WE CAN
PROCEED WITH OUR TRIAL AT NINE O'CLOCK TOMORROW
MORNING
IS THAT TOO MUCH TO HOPE
MR JACOBY
PERHAPS HE BETTER
APPROACH YOUR HONOR IF WE MAY
MR MORRISSEY
I THINK HE BETTER
CHAT WITH YOUR HONOR ABOUT THE LOGISTICS OF THIS
RECORD DISCUSSION HELD AT
16
SIDEBAR
1.7
THE COURT
I GUESS IT CAN FAIRLY BE
18
SAID MEMBERS OF THE JURY THAT THE GREATER MINDS
19
HAVE PREVAILED
YOU ARE HEREUPON EXCUSED UNTIL
NINE O'CLOCK A.M. NOT WEDNESDAY BUT THURSDAY
APRIL 23.
YOU HAVE A DAY OFF
I ASSURE YOU THAT COUNSEL and THE COURT WILL
NOT HAVE A DAY OFF
BUT THE SUBJECTS THAT WILL BE
CONSIDERED IN THE INTERIM ARE MATTERS THAT ARE
PROPERLY CONSIDERED OUT OF THE PRESENCE OF THE
L L
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls
GALLAGHER - CROSS - MORRISSEY
JURY
SO WE WILL MISS YOUR PRESENCE BUT
UNFORTUNATELY THERE IS JUST NOTHING THAT CAN BE
DONE ABOUT IT
MR JACOBY
IF I CAN APPROACH ONE
MORE TIME FOR A MINUTE
ONE MORE LITTLE BIT OF
HOUSEKEEPING
SIDEBAR
OFF RECORD DISCUSSION HELD AT
THE COURT
PLEASE BEAR IN MIND THE
COURT'S INSTRUCTIONS THAT YOU NOT DISCUSS THE CASE
n
AND LET NO ONE TALK TO YOU ABOUT THE CASE WHILE WE
no
ARE ABSENT ONE FROM ANOTHER
BEVERLY
ROBINSON I'LL SPEAK TO YOU WHILE
YOU'RE ON YOUR WAY OUT IF YOU WOULD PLEASE
THE CLERK
I THINK YOU MEAN SUSAN
16
WILLIAMS
17
JURY LEAVES COURTROOM
.18 19
THE COURT I'M SORRY
THE ATTORNEYS
HAVE SUGGESTED THAT IN VIEW OF YOUR PERSONAL
PROBLEM YOU BE EXCUSED
MS WILLIAMS
OKAY
THANK YOU
THE COURT
EVERYONE IS IN AGREEMENT
bss
THAT THAT SHOULD BE DONE
WE APPRECIATE YOUR
24 YOUR 24
PRESENCE HERE AND
HILLINGNESS TO SERVE AND I
THINK THAT IT'S EXHIBITIVE OF A VERY MATURE
MASTROIANNI & FORMAROLI INC Professionals Serving Professionals
GALLAGHER - CROSS ~ MORRISSEY
1458
COMPREHENSION OF YOUR CIVIC DUTIES THAT HAS KEPT YOU HERE
GOOD
|
LUCK
TO
YOU
MS WILLIAMS
THANK YOU
THANK YOU
VERY MUCH
THE COURT
THANK YOU
ALL RIGHT
PERSUITS
I'LL
LEAVE
|
YOU
FOLKS
TO YOUR OWN
THERE BEING NO FURTHER FORMAL BUSINESS TO
10
COME BEFORE THIS COURT HE HEREUPON STAND
11
ADJOURNED FOR THE DAY
13 14
SEE YOU ALL AT NINE O'CLOCK COURT ADJOURNED
15
16
17
18
19
20
23 23
25 25
MASTROIANNI & FORMAROLI INC
ProfesSersvii ng oPronfeassilonasls
CERTIFICATE
I. THERESA O. MASTROIANNI A NOTARY PUBLIC
AND CERTIFIED SHORTHAND REPORTER OF THE STATE OF
NEW JERSEY AND A COMMISSIONER OF DEEDS OF THE
STATE OF PENNSYLVANIA DO HEREBY CERTIFY THAT THE
FOREGOING IS A TRUE AND ACCURATE TRANSCRIPT OF THE
PROCEEDINGS AS TAKEN STENOGRAPHICALLY BY AND
BEFORE ME AT THE TIME PLACE AND ON THE DATE
HEREINBEFORE SET FORTH
I DO FURTHER CERTIFY THAT I AM NEITHER A
RELATIVE NOR EMPLOYEE NOR ATTORNEY NOR COUNSEL OF
ANY OF THE PARTIES TO THIS ACTION AND THAT I AM
NEITHER A RELATIVE NOR EMPLOYEE OF SUCH ATTORNEY
16
OR COUNSEL AND THAT I AM NOT FINANCIALLY
17
INTERESTED IN THIS ACTION
18
19
THERESA O. MASTROIANNI C.S.R. NOTARY PUBLIC STATE OF NEW JERSEY
MY COMMISSION EXPIRES 4-1-87 CERTIFICATE NO 857 DATE APRIL 21 1987
MASTROIANNI & FORMAROLI INC
Profes Sersvii ng oPronfea ssil onasls