Document 65OMvJaRDbJ3zNgoMwZeDGGeo

IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS MERLE BARGER AND ) Cause No. 10-L-754 MICHAEL THERIAULT, ) Cause No. 10-L-436 INDIVIDUALLY AND AS SPECIAL) ADMINISTRATOR OF THE ) ESTATE OF ROBERT THERIAULT,) DECEASED ) Plaintiffs), ) vs.) A.W. CHESTERTON, INC.,) Defendant(s).) DEPOSITION OF ROBERT PETKASH Friday, August 5, 2011 Videotaped discovery deposition of ROBERT PETKASH, called by the Plaintiffs for examination under the Illinois Rules of Civil Procedure, taken before me, the undersigned, Cheryl L. Baker, RPR, a Notary Public in and for the State of Ohio, at the Hilton Garden Inn, 4900 Emerald Court S.W., Cleveland, Ohio, commencing at 9:06 a.m. the day and date above set forth. EXHIBIT INDEX (CONTINUED) Plaintiffs MARKED 15 Three-page letter dated October 5, 1976 to Marc Collins from E.J. Sydor 71 16 Inter-office Correspondence dated October 18, 1976 17 Inter-Office correspondence dated November 4, 1976 73 77 18 Two-page letter dated October 22, 1976 80 from Mr. R.W. Rosenow to Mr. E.J. Sydor 9 19 One-page letter to Mr. R.W. Rosenow from 87 E.J. Sydor, dated October 27, 1976 10 20 Airflex Test Request dated July 15, 90 11 1983 12 21 Inter-office correspondence dated April 93 26,1983 13 22 Inter-office correspondence dated April 97 14 26, 1983 15 23 Letter dated June 23, 1983 to Eaton 103 Corporation from James F. McMullen 16 24 Internal Correspondence dated 106 17 January 24, 1986, from Jim Fisher to R.J. McCloskey 18 25 Internal Correspondence dated April 10, 110 19 1987, from Paul S. Showalter to All Field Sales Offices and Distributors 20 26 Internal Correspondence dated 113 21 May 13,1986, from Jim Fisher to All Field Sales Offices, Agents & Distributors 22 27 Asbestos Information Association AIA/NA 119 23 Members Companies 24 28 One page list of companies 122 25 29 A Presentation before the Asbestos 124 Page 3 EXAMINATION INDEX Robert Petkash CROSS BY MR. K.IWALA EXHIBIT INDEX Plaintiffs MARKED 1 Amended Notice to Take Videotaped Discovery Deposition 12 2 Excerpts from the deposition of Pat 24 8 Murphy 9 3 Material Safety Data Sheet 36 10 4 Two-page letter to Eaton Air Flex from 40 Jack Dauch 11 5 Industrial Hygiene Digest 43 12 6 Inter-Office Correspondence dated 47 13 September 2, 1975, with attachment 14 7 Instructions for Maintenance & 49 Disassembly ofthe Fawick 32VC1000 15 Clutch 16 8 Eaton-Fawick VC Marine Clutch/Brake 52 Maintenance Instructions 17 9 Installation Operation & Maintenance of 54 18 the Airflex E Element Assembly 19 10 Installation, Operation and Maintenance 57 of Airflex CB Element Assemblies 20 11 Five-page letter dated February 22, 1983 62 21 12 Inter-Office Correspondence dated 65 22 September 7, 1976 23 13 Fawick Corporation Annual Report 1964 68 24 14 Fawick Corporation Notice of Special 69 Meeting of Shareholders 25 Page 2 2 BY MR. LANG BY MR. LANG 3 BY MR. LANG BY MR LANG 4 BY MR LANG BY MR LANG 5 BY MR LANG BY MR. LANG 6 BY MR LANG BY MR. LANG 7 BY MR. LANG BY MR. LANG 8 BY MR LANG BY MR LANG 9 BY MR LANG BY MR LANG 10 BY MR LANG BY MR LANG 11 BY MR. LANG BY MR LANG 12 BY MR LANG BY MR LANG 13 BY MR LANG BY MR LANG 14 BY MR. LANG BY MR. LANG 15 BY MR. LANG BY MR-LANG 16 BY MR. LANG BY MR. LANG 17 BY MR LANG BY MR. LANG 18 BY MR. LANG BY MR. LANG 19 BY MR. LANG BY MR LANG 20 BY MR. LANG BY MR. LANG 21 BY MR. LANG BY MR LANG 22 BY MR LANG BY MR. LANG 23 BY MR LANG BY MR. LANG 24 25 19 19 22 27 28 28 29 29 30 31 34 34 37 37 46 46 46 49 49 52 53 59 63 64 66 67 76 77 85 86 87 87 92 96 100 101 102 102 105 105 105 106 107 108 Page 4 (Pages 1 to 4) POHLMANUSA COURT REPORTING (877) 421-0099 SCF-EC-8500 1 OBJECTION INDEX (CONTINUED) 2 BY MR. LANG 107 BY MR LANG 108 3 BY MR. LANG 108 BY MR. LANG 115 4 BY MR. LANG 115 BY MR. LANG 118 5 BY MR LANG 121 BY MR. LANG 123 6 BY MR LANG 123 BY MR. LANG 124 7 BY MR. LANG 124 BY MR LANG 125 8 BY MR. LANG 126 BY MR. LANG 126 9 BY MR. LANG 127 BY MR. LANG 127 10 BY MR. LANG 127 BY MR. LANG 128 11 BY MR. LANG 129 BY MR. LANG 130 12 BY MR LANG 130 BY MR. LANG 134 13 14 15 16 17 18 19 20 21 22 23 24 25 1 APPEARANCES: On Behalfofthe Plaintiffs: Ryan Kiwala, Esq. 4 Simmons, Browder, Gianaris, Angelides & Bamerd, LLC 5 One Court Street Alton IT 6700? 6 618-259-2222 rkiwala@simmonsfirm.com 7 8 On BehalfDefendant Eaton Corporation: 9 Daniel Petticord, Esq. 10 Brzytwa, Quick & McCrystal 1660 West 2nd Street 11 Suite 900 Cleveland, OH 44113-1411 12 216-664-6900 petticord@bqmlaw.com 13 14 On Behalfof Defendants IMO Industries, 15 Inc., and Dana Companies, LLC: 16 Matthew Morris, Esq. (appearing telephonically) 17 Heyl, Royster, Voelker & Allen 105 West Vandalia, Suite 100 18 Edwardsville, IL 62025 800-610-4646 19 mmorris@heylroyster.com 20 21 On BehalfofDefendants John Crane, Inc. and Sealing Equipment Company: 22 Mark I. Tivin, Esq. 23 (appearing telephonically) O'Connell, Tivin, Miller & Bums, LLC 24 135 South LaSalle Street, Suite 2300 Chicago, IL 60603 25 312-256-8800 Page 5 l APPEARANCES: (CONTINUED) 2 3 On BehalfofEaton Corporation. 4 Christopher J. Lang, Esq. Pitzer Snodgrass, P C. 5 100 South Fourth Street, Suite 400 St. Louis, MO 63102 6 314-421-5545 lang@pspclaw.com 7 8 On Behalfof Defendants Rousselle 9 Corporation, Aurora Pump, Gardner Denver Industries, Zum Industries, Albany 10 International Corporation and Clark Equipment Company: 11 12 Kathleen M. Newman, Esq. (appearing telephonically) 13 Segal, McCambridge, Singer & Mahoney 233 South Wacker Drive, Suite 5500 14 Chicago, IL 60606 312-645-7829 15 knewman@smsm.com Page 7 17 ALSO PRESENT: 18 Jim Kafantaris, Videographer 19 20 21 22 23 24 25 Page 6 Page 8 1 PROCEEDINGS 2 VIDEOGRAPHER: We're on the 3 record. This is the videotape 4 deposition of Robert Petkash in the 5 case of Merle Barger, having a Cause 6 Number of 10-L-754, and Michael 7 Theriault, Individually and as a 8 Special Administrator of the Estate 9 of Robert Theriault, Deceased, having 10 a Cause Number of 10-L-436, versus 11 A.W. Chesterton, Incorporated, et 12 al. This case is in the Third -- I'm 13 sorry -- in the Circuit Court, Third 14 Judicial Circuit, Madison County, 15 Illinois. Today's date is August 5, 16 2011. The time is 9:06. 17 Would counsel please state their 18 affiliations. 19 MR. KIWALA: This is Ryan 20 Kiwala of the Simmons firm, on behalf 21 of the Plaintiffs. 22 MR. LANG: This is Chris Lang 23 from Pitzer, Snodgrass on behalf of 24 Eaton Corporation. 25 MR. PETTICORD: This is Dan 2 (Pages 5 to 8) POHLMANUSA COURT REPORTING (877) 421-0099 Page 9 Page 11 1 Petticord on behalf of Eaton 1 cover that topic. 2 Corporation. 2 And I will note that no 3 THE NOTARY: The attorneys on 3 objection was made up until this 4 the phone, if you'd give us your 4 point in that regard. 5 affiliation also. 5 MR. LANG: Actually, we did 6 MR. MORRIS: Matt Morris for 6 file objections. 7 Dana Companies, LLC and IMO 7 MR. KIWALA: Okay. I did not 8 Industries, Inc. 8 see the objections. 9 MS. NEWMAN: Kathleen Newman 9 MR. LANG: Well, we did file 10 for Rousselle Corporation, Aurora 10 objections to the deposition notice 11 Pump Company, Gardner Denver, Inc., 11 on the 25th of July. 12 Zum Industries, LLC, Albany 12 MR. KIWALA: All right. 13 International Corporation, and Clark 13 BY MR. KIWALA: 14 Equipment Company. 14 Q Can you please state your full name for the 15 VIDEOGRAPHER: Okay. You may 15 record. 16 swear the witness in at this time. 16 A My name is Robert P. Petkash, P-e-t-k-a-s-h. 17 ROBERT PETKASH 17 Q And Mr. Petkash, what is your date of birth? 18 A Witness herein, called by the Plaintiffs for 18 A May 15th, 1940. 19 cross-examination under the Illinois Rules of Civil 19 Q And do you understand that you're testifying in a 20 Procedure, after having been first duly sworn, as 20 videotape deposition? 21 hereinafter certified, was examined and testified as 21 A Yes. 22 follows: 22 Q And do you understand that you're testifying 23 CROSS-EXAMINATION 23 today as ifyou were in court? 24 MR. LANG: Just before we 24 A Yes. 25 start, I want to confirm what we 25 Q Do you understand that you're testifying today on Page 10 Page 12 1 talked about before the deposition 1 behalf of Eaton Corporation? 2 began. Mr. Petkash is being produced 2 A Yes. 3 on behalf of Eaton Corporation, and 3 Q And do you understand that you've been designated 4 more specifically their Airflex 4 by Eaton as a representative witness of the 5 Division with regard to the two cases 5 corporation to testify on the subjects listed in 6 that have been noticed. I understand 6 Plaintiffs Notice of Deposition? 7 that you may have some broader 7 A Yes. 8 questions about the corporation, the 8 Q Are you represented by counsel here today? 9 corporate structure, and he'll answer 9 A Yes. 10 those to the best of his ability. 10 MR. KIWALA: Cheryl, can we 11 But I'm confirming with you on the 11 mark the first one in the stack. 12 record that he's being produced in 12 13 these two cases specifically with 13 (Plaintiffs Exhibit 1 marked for 14 regard to Eaton's Airflex Division. 14 identification.) 15 MR. KIWALA: Okay. And for 15 16 the record, I will state that my 16 Q Mr. Petkash, have you seen this document before? 17 questions today with regard to the 17 A Yes. 18 products will be limited to the 18 Q Do you understand that you've been designated by 19 Airflex products. But the -- I will 19 Eaton to testify on its behalf with respect to the 20 be asking questions that will be 20 topics listed in the Notice of Deposition? 21 going company-wide with respect to 21 A Yes, I am. 22 Eaton's knowledge of the hazards of 22 Q Okay. Did you review anything in preparation for 23 asbestos. And I believe that the 23 the deposition today? 24 Notice of Deposition covers -- is 24 A Yes. 25 that broad so as to cover that -- 25 Q Okay. Can you tell me what you reviewed? 3 (Pages 9 to 12) POHLMANUSA COURT REPORTING (877) 421-0099 Page 13 Page 15 1 A Well, this document, first of all. And then most 1 A Actually, I don't. 2 recently the -- a deposition that I gave in 2008 in 2 MR. PETTICORD: Off the 3 the Gordon Scully case. 3 record for a second. 4 Q Did you review any other documents? 4 MR. KIWALA: Sure. 5 A Just some old catalog information and things. 5 VIDEOGRAPHER: Off the 6 But no, not really. 6 record. 7 Q And you did not review any answers to 7 (Discussion off the record.) 8 interrogatories? 8 VIDEOGRAPHER: We are back on 9 A Most recently, no. When they were first produced 9 the record. The time is now 9:14. 10 a month or six weeks ago, 1 did review them. But not 10 Q Mr. Petkash, are you being compensated for your 11 recently. 11 time testifying today? 12 Q Okay. But not in specific -- 12 A Yes. 13 A No. 13 Q Do you charge an hourly rate for your consulting 14 Q Not specifically in preparation for today? 14 services for Eaton? 15 A In preparation for this, no. 15 A Yes. 16 Q The old catalogs that you reviewed in 16 Q How much is that? 17 preparation, who's the custodian of those catalogs? 17 A $75 an hour. 18 A The law firm. 18 Q Could you briefly provide a summary of your 19 Q And other than speaking with attorneys for Eaton, 19 educational background? 20 have you talked to anybody in preparation for your 20 A I attended Ohio University after graduating from 21 deposition today? 21 high school, for two years, working towards a 22 A No. 22 mechanical engineering degree. I left after two 23 Q Sir, are you currently employed? 23 years. And then after working for 25 years, I went 24 A No. I retired from Eaton Corporation at the end 24 back to Baldwin-Wallace College, a local school, and 25 of 1998. And since that time, I've been working 25 was very close to getting a business degree. I was Page 14 Page 16 1 part-time as a manufacturer's representative for 2 another company. 3 Q I believe that other company was Dellner Brakes? 4 A That's correct. 5 Q Okay. And we'll try not to talk over -- I'll try 6 not to step on your answers so not to give the court 7 reporter a headache. 8 And you said you also provide consulting to Eaton 9 Corporation; is that correct? 10 A In this capacity, yes. 11 Q And that capacity being consulting for 12 litigation? 13 A Yes. 14 Q And that would include giving deposition 15 testimony? 16 A That's correct. 17 Q Other than the deposition that you gave in 2008, 18 have you given any other depositions in an asbestos 19 case? 20 A Yes. 21 Q When was that? 22 A I don't recall the date. It was -23 Q If you can give me an estimate. 24 A 2009. It was a San Francisco case -25 Q Do you recall the name of the case? 1 unable to finish because of my work -- workload. 2 Q Okay. That was your workload at Eaton at the 3 time? 4 A Yes. 5 Q Okay. And you started with Eaton in 1963; is 6 that correct? 7 A Correct. May. 8 Q At that time, it was known as Fawick Corporation? 9 A Yes, that's correct. 10 Q Did you hold any jobs between leaving Ohio 11 University and going to work for Fawick? 12 A Yes, I did. 13 Q What14 A I was a design draftsman at a company called Iron 15 Fireman. 16 Q And when did you start at Iron Fireman? 17 A 1960, '61, and then worked until I started with 18 Eaton in '63. 19 Q And I understand that you held various positions 20 at Fawick and later on at Eaton both in sales and I 21 believe also an engineering position at one point in 22 time; is that correct? 23 A It was a -- the engineering was designated as 24 application engineering. My job was to get customer 25 information and then decide what was the most 4 (Pages 13 to 16) POHLMANUSA COURT REPORTING (877) 421-0099 Page 17 Page 19 1 appropriate clutch or brake to utilize on that 1 at issue here? 2 application. It was part of the sales department. It 2 MR. LANG: I'm just going to 3 wasn't part of engineering. 3 object to the form, foundation. You 4 Q Okay. 4 can answer that if you know. 5 A It was a function of the sales side of the 5 A Yes. 6 business. 6 Q And just for everybody's benefit, could you 7 Q Okay. Would it be fair to say then that most of 7 explain how Airflex clutch works and what makes it 8 your time at Fawick and Eaton was spent focused on 8 different from other types of clutches? 9 sales? 9 MR. LANG: I'll just object 10 A Yes. 10 to that, to the form again, 11 Q Do you know when the Fawick Corporation was 11 foundation. That's kind of a broad, 12 founded? 12 sweeping question. Answer that if 13 A In the late '30s. 13 you can. 14 Q Do you know where it was incorporated? 14 A The Fawick style of clutch is a drum style of 15 A It was a Cleveland company. But no, I don't know 15 unit, making it unique compared to most other clutch 16 actually where it was incorporated. 16 and brake devices, being plate-type units. So the 17 Q What about Eaton Corporation, do you know when 17 Airflex unit is like a donut. And by introducing 18 that company was founded? 18 compressed air, the inner diameter squeezes down and 19 A I think it started in 1911, or something. Very 19 contacts a metal drum as opposed to plates squeezing 20 early in the 20th century. 20 together and transmitting torque power. 21 Q And do you know where Eaton was incorporated? 21 Q And there were Airflex clutches where the 22 A No. Again, a Cleveland company. 22 friction surface expanded out, and there were also 23 Q But its headquarters is located here in 23 ones -- 24 Cleveland, correct? 24 A Correct. 25 A Correct. 25 Q -- where the friction surface contracted in? Page 18 Page 20 1 Q And Fawick Corporation was merged into the Eaton 1 A That's correct. But the basic operating 2 Corporation; is that right? 2 principle was the same; one expanded, the others 3 A Correct. 3 constricted. But the principle of using the rubber 4 Q And do you recall when that merger happened? 4 tube as the actuator was the same. 5 A It was in 1968. 5 Q And just to - I guess in other words, everything 6 Q And so you were an employee of Fawick at the 6 was based on air going into this rubber tube to either 7 time? 7 expand or constrict those plates? 8 A Yes. 8 A Correct. 9 Q After the merger, did Eaton continue to use the 9 Q And the various types of Airflex clutches were 10 Fawick name in association with any products? 10 given different letter designations. Is that fair to 11 A For a short period of time they did. And then 11 say? 12 they began to incorporate the Eaton name as the 12 A Yes. 13 overall trademark or copyright, whatever they 13 Q And can you tell me what letter designations 14 utilized. They retained the Airflex portion of it. 14 would have applied to the Airflex clutches that were 15 Q Okay. So the Fawick name would have been 15 the expanding-type clutches? 16 continued to be used in association with the Airflex 16 A That was the E type, expanding, EB type. And 17 products at least for a short period of time? 17 those were the expanding type. 18 A Yes. 18 Q And what letter designations would have applied 19 Q Okay. Do you recall when they ceased using the 19 to the Airflex clutches that were the constricting 20 Fawick name? In early '70s, late '60s? 20 type? 21 A Yeah, early, mid-70s they started removing it 21 A The most common one was the CB, and then there 22 from literature and substituted with the Eaton logo. 22 was also a VC. 23 Q And would it be fair to say that Fawick was the 23 Q Any others? 24 originator of the I guess you call it the Airflex 24 A There was one that was designated as CM. I think 25 clutch design that was used in the clutches that are 25 that's all the constricting ones. 5 (Pages 17 to 20) POHLMANUSA COURT REPORTING (877) 421-0099 Page 21 Page 23 1 Q Did Fawick or Eaton also sell replacement 2 friction material for the Airflex clutches? 3 A Yes. 4 Q Did the clutch assemblies themselves come in any 5 sort of package or were they just shipped with no 6 package? 7 A In a -- well, depending on the size. But the 8 smaller ones would be shipped in cardboard cartons. 9 The bigger ones would just be strapped to a pallet. 10 Q Would there always be an operation manual or an 11 instruction manual sent along with the clutch assembly 12 when it was shipped out? 13 A Yes. 14 Q What about the replacement friction material, how 15 would that have been packaged? 16 A Similarly, in cardboard cartons. Again, 17 sometimes they were -- they're big and heavy, so it 18 would be in a wood closed wooden crate, something like 19 that. 20 Q And those replacement friction materials, 21 friction blocks, would those be shipped out with any 22 kind of instructions or a manual? 23 A Typically it would be the same manual that we'd 24 send out with the clutch itself. 25 Q Whatever clutch that particular friction material 1 Q Does Eaton possess records for the sale of 2 Airflex clutches? 3 A Yes. 4 Q Do you know how far back those sales records go? 5 A No, I don't. 6 Q Did you conduct any search of Eaton's sales 7 records to see if there was any sale made of Airflex 8 clutches to Brown Paper? 9 A Not that I'm aware of. 10 Q And you're not aware of anybody else at Eaton 11 conducting that search? 12 A No. 13 Q Based on what you read from Mr. Murphy's 14 description of the Airflex clutches, can you tell me 15 which of the various models of Airflex clutches would 16 most closely fit his description? 17 A The CB type and the VC type. 18 Q The CB and the VC were the constricting type? 19 A That's correct. 20 Q We'll have to mark this. It's from the 21 deposition of Pat Murphy. 22 MR. KIWALA: Can we go off 23 the record. 24 VIDEOGRAPHER: Off the 25 record at 9:27. Page 22 Page 24 1 is to be used for? 1 (Discussion off the record.) 2 A Right. 2 3 Q I think I already know the answer to this, but 3 (Plaintiffs Exhibit 2 marked for 4 have you read the deposition of Pat Murphy in the 4 identification.) 5 Theriault case? 5 6 A Yes, I did. 6 VIDEOGRAPHER: We're back on 7 Q Okay. So you did - did you do that in 7 the record at 9:28. You may proceed. 8 preparation for this deposition? 8 BY MR. KIWALA: 9 A Not recently, no. It was, again, when it was 9 Q Okay. Mr. Petkash, you've been handed a portion 10 originally produced several weeks ago. But not in 10 of Pat Murphy's deposition from the Theriault case. 11 preparation for today. 11 Could you take a look at Page 227 from that 12 Q So have you read his description of the Airflex 12 transcript. 13 clutches that were present at Brown Paper? 13 A I've got it here, yes. 14 A Yes. 14 Q And there on Page 227, Mr. Murphy describes an 15 Q Do you have any reason to believe that Fawick or 15 expanding type clutch; is that correct? 16 Eaton Airflex clutches were not present at Brown 16 A I haven't read it yet. (Witness reading.) It 17 Paper? 17 doesn't say anything about expanding type clutch. He 18 MR. LANG: I'm just going to 18 just said he has all kinds of them. 19 object to the form, foundation. Go 19 Q Do you see the portion where he's asked by 20 ahead. 20 counsel whether it was expanding or constricting, and 21 A He says they were there. I've not seen them. I 21 he says, "expanding"? 22 don't know that we've seen them. I'm going on what 22 A I'll read it again. No. 23 was said in the deposition -- 23 MR. KIWALA: Off the record. 24 Q Okay. 24 VIDEOGRAPHER: We're going 25 A --that they were there. 25 off the record at 9:30. 6 (Pages 21 to 24) POHLMANUSA COURT REPORTING (877) 421-0099 Page 25 Page 27 1 (Discussion off the record. 1 clutches through distributors prior to the middle or 2 VIDEOGRAPHER: We're back on 2 late '80s? 3 the record. The time is now 9:31. 3 A No. 4 You may proceed. 4 Q No, I'm incorrect, or no, you agree with that 5 BY MR. KIWALA: 5 statement? 6 Q Okay. Mr. Petkash, we're now looking at Page 231 6 A Restate, please. 7 of Mr. Murphy's deposition. And do you see where 7 Q Okay. Eaton did not sell Airflex clutches 8 Mr. Murphy describes an expanding-type clutch? 8 through distributors prior to the mid or late '80s? 9 A Yes, I see that. 9 A That's correct. 10 Q What Airflex clutch types would most closely fit 10 Q And just going back, do you know if Brown Paper 11 that description? 11 Company was a customer of Eaton or Fawick for Airflex 12 A The E type, based on that description. 12 clutches? 13 Q Have you reviewed any transcriptions of 13 A No, I don't know. 14 depositions for Merle Barger? 14 Q You have no recollection, independent of sales 15 A Yes. 15 records -- 16 Q Did you conduct any search of Eaton sales records 16 A No. 17 for evidence of sales of clutches or replacement 17 Q -- of that taking place? 18 friction materials to Lumax Industries or Stanley 18 A No. 19 Electric in Altoona, Pennsylvania? 19 Q Fawick used asbestos-containing friction 20 A No. 20 materials in its Airflex clutches; is that correct? 21 Q Did you conduct any search of Eaton sales records 21 MR. LANG: I'll just object 22 for evidence of sales of clutches to manufacturers of 22 to the form, foundation. Go ahead. 23 industrial presses, specifically in this case 23 Q Go ahead and answer. 24 Cincinnati, Inc., *Ruzel or Verson Allsteel Press 24 A Yes. 25 Company? 25 Q Do you know when Fawick first began using Page 26 Page 28 1 A We had an old tabulation of clutches sold to 1 asbestos-containing friction material? 2 various -- for use on various presses. But that was 2 A When it first started making clutches in the 3 the extent of the search. 3 late'30s. 4 Q Okay. Do you know if any of those companies I 4 Q And after Fawick merged with Eaton, Airflex 5 mentioned just now, Cincinnati, Rusell or Verson, do 5 clutches continued to contain asbestos-containing 6 you know if any of those companies were customers of 6 friction material; is that correct? 7 Eaton Airflex? 7 A That's correct. 8 A Directly there was virtually no sales to those 8 Q When did Eaton cease using asbestos friction 9 companies. There's a record of one, what was it, in 9 material in Airflex clutches? 10 1947, something like that, of one sale to Verson. But 10 MR. LANG: I'm just going to 11 that was all the records show. 11 object to the form, foundation. 12 Q Okay. And you said virtually no records of 12 Go ahead. 13 direct sales. Did Eaton Airflex sell its Airflex 13 A It was something that phased out over a period of 14 products through distributors? 14 time up through the late '80s, early '90s. 15 A No. 15 Q When did that phase-out begin? 16 Q All of its sales were direct sales? 16 A Late '70s. 17 A That's correct, at that time. 17 Q And how did that phase-out take place? Was that 18 Q Okay. At any point did Eaton or Airflex sell 18 -- did Eaton just start with certain products, find a 19 Airflex clutches through distributors? 19 non-asbestos replacement for those and move on to 20 A Yes. 20 other products over time? 21 Q Okay. When would that have taken place? 21 A Yes. 22 A It would have been mid, late '80s when we started 22 Q Prior to the late '70s, were all -- did all 23 using distribution. Prior to that, it was all direct 23 Airflex clutches contain asbestos friction material? 24 sales. 24 MR. LANG: Objection to form. 25 Q So Eaton Airflex did not sell any Airflex 25 foundation. 7 (Pages 25 to 28) POHLMANUSA COURT REPORTING (877) 421-0099 Page 29 Page 31 1 A No. 1 A Yes. 2 Q Okay. Which ones did not? 2 Q Have you seen any of the results of that testing? 3 A There was a -- what was called a water-cooled 3 A Yes, I did. 4 brake. It was used for tension applications. And 4 Q Did you see any results of this testing in 5 from its original design, even today, it does not, 5 documents that you looked at in preparation for today? 6 never did use asbestos friction material. 6 A No. 7 Q Okay. Any other products other than the 7 Q Do you recall who were the suppliers of asbestos 8 water-cooled brake? 8 friction material during your employment with the 9 A There were some of the products that actually had 9 company? 10 rubber facings. That was the actual friction 10 A Raybestos -- 11 surface. And some that were cork friction material. 11 MR. LANG: Hold on. Let me 12 But those were utilized on the CB and VC, and so on. 12 make sure I've got this clear. I'm 13 Q Could those, I guess, those rubber-facing 13 going to object to the form, 14 clutches, could they have been used in a paper-making 14 foundation and scope in that he's 15 application? 15 limited to testimony as to Airflex. 16 MR. LANG: I'll just object to 16 Q I'm sorry. And I'll limit the scope of my 17 the form, foundation. Go ahead. 17 question just to Airflex products. 18 A It would not be common in a paper mill. 18 A Okay. Raybestos Manhattan, Johns-Manville, 19 Q Okay. Would those sorts of clutches at all be 19 National Friction Products, which is now Carlisle,. 20 used in any sort of industrial presses? 20 Those were the ones that I'm familiar with. 21 MR. LANG: Same objection. 21 Q Did any one of those predominate in terms of the 22 A No. 22 amount that they supplied? 23 Q Do you know how much asbestos was in the friction 23 A In the most recent past, it would have been 24 material that Air - I'm sorry -- Eaton was using for 24 National Friction, Carlisle. 25 Airflex clutches? 25 Q You're saying, "most recent past." How far back Page 30 Page 32 1 MR. LANG: I'll just object 1 does that go? 2 again to the form, foundation, scope. 2 A It goes back to the early '70s, my best 3 A It varied. It could be 10 percent of the 3 recollection. 4 material. It could be up to 50 percent. It was a 4 Q In terms of a percentage of the total amount of 5 range depending upon the characteristics that we were 5 friction material used by Eaton Airflex, how much of 6 trying to achieve. 6 that would have been supplied by National Friction 7 Q Do you know what was the purpose of the asbestos 7 during that time span? 8 in the friction material that was going into the 8 A High 90s percentile. 9 Airflex clutches? 9 Q High 90s? 10 A Not specifically, no. 10 A Yes, high 90s. 11 Q Do you know how hot the friction surfaces of the 11 Q I think we established earlier there are 12 clutch were getting during their normal use? 12 operation maintenance manuals for the Airflex 13 A Yes. 13 clutches; is that right? 14 Q Okay. How hot? 14 A Correct. 15 A It could get 900,000 degrees. It could get 15 Q Okay. Did any of those manuals ever contain a 16 pretty warm. 16 warning about the hazards of asbestos during the time 17 MR. LANG: Just for purposes 17 that asbestos-containing friction material was used on 18 of clarity, you meant 900 to a 18 Airflex clutches? 19 thousand degrees, or did you mean 19 A I don't think so. 20 900,000? 20 Q And during the time that Airflex clutches 21 THE WITNESS: No, no. 900 to 21 contained asbestos-containing friction material, did 22 1,000 degrees Fahrenheit. It would 22 any of those manuals ever contain any instructions 23 be like a volcano. 23 about how to safely handle the asbestos friction 24 Q Did Eaton Airflex ever do any kind of testing to 24 material contained in the clutches? 25 see how hot those friction surfaces were getting? 25 MR. LANG: You're talking about 8 (Pages 29 to 32) POHLMANUSA COURT REPORTING (877) 421-0099 Page 33 Page 35 1 Airflex manuals, right? 1 to the scope, the form, foundation. 2 MR. KIWALA: Yes, Airflex 2 Go ahead and answer if you can. 3 clutches. 3 A I was provided for a period of time with an 4 A In the mid to late '80s, we -- the manuals were 4 annual physical. But how it applied to other people I 5 being updated, and those kind of warnings were ~ 5 really don't know. 6 began to appear and were added. 6 Q Do you know if Fawick or Eaton ever employed an 7 Q And that was in the late '80s? 7 industrial hygienist to consult regarding asbestos? 8 A Yeah, mid, late '80s. 8 A No, they didn't. 9 Q Was there any -- was there ever any warning that 9 Q Do you know if Eaton has ever had any 10 compressed air should not be used to clean Airflex 10 Workers' Compensation claims arising out of a claim of 11 clutches in the manuals? 11 exposure to asbestos? 12 A In the later ones as they were being revised. 12 A I'm not aware of it. 13 Q And again, this would have been the mid to late 13 Q Is that anything that you investigated in 14 '80s? 14 preparation for your deposition today? 15 A Yes. 15 A No. 16 Q Did the clutches or the friction material 16 Q Did Eaton Airflex ever create any MSDS, Material 17 themselves ever carry any kind of label or tag that 17 Safety Data Sheets, for its clutches or replacement 18 would indicate that they contained asbestos friction 18 friction material? 19 material? 19 A Yes. 20 A Not that I'm aware of. 20 Q And do you recall when that first happened? 21 Q And I think you said earlier that Eaton Airflex 21 A Early '80s would be the best idea. 22 first began offering a non-asbestos friction material 22 MR. KIWALA: Let's mark - 23 on some of these clutches as early as the late '70s; 23 it's No. 30 in the stack. It's a 24 is that right? 24 little bit out of order. And if I've 25 A That's my guess. 25 got my order right, this will be Page 34 Page 36 1 Q When did Eaton first offer Airflex clutches of 1 Exhibit No. 3. 2 the type that Mr. Murphy described, with non-asbestos 2 3 friction material? 3 (Plaintiffs Exhibit 3 marked for 4 A He said the expanding type, and we have to assume 4 identification.) 5 that was the E type. That would have been in the 5 6 early, mid-80s. 6 Q Mr. Petkash, ifyou could take a look at Exhibit 7 Q Do you know when Eaton first became aware that 7 No. 3. And would you agree that it appears to be an 8 asbestos was a hazardous material? 8 MSDS created by Eaton Airflex for friction material? 9 MR. LANG: I just object to the 9 A Yes. 10 form, foundation. 10 Q And if you look at the bottom of the second page, 11 Q Go ahead and answer it. 11 I believe it's dated 1985? 12 A No, I don't. 12 A Yes. 13 Q Do you know if Fawick Corporation before the 13 Q And going back to the first page, this friction 14 merger was ever a member of any trade organizations? 14 material has asbestos in it, correct, according to 15 A No. Again, not that I'm aware of. 15 Section II? 16 Q Are you aware of any trade organizations that 16 A Line numbered 1 says, "Chrysotile Asbestos," yes. 17 Eaton had membership in during your employment there? 17 Q And next to that line showing the asbestos 18 A No. 18 content there's a double asterisk; is that correct? 19 Q Were you, yourself, a member of any trade 19 Do you see that? 20 organization while you were employed with either 20 A Yes. 21 Fawick or Eaton? 21 Q And if we look further down the page, the 22 A No. 22 asterisk is telling us to see Section VI, right? 23 Q Did Fawick or Eaton ever provide any kind of 23 A Yes. 24 annual medical exams for its employees? 24 Q And Section VI is on the second page at the top. 25 MR. LANG: Let me just object 25 And it is a section - the print isn't very good, but 9 (Pages 33 to 36) POHLMANUSA COURT REPORTING (877) 421-0099 Page 37 Page 39 1 it's labeled, "Health Hazard Data," correct? 2 A Oh, up -- yes. 3 Q And a couple lines down under the section 4 labeled, "Chronic Toxicity Effects," among other 5 things it says that asbestos is a suspect carcinogen; 6 is that correct? 7 A Yes. 8 Q Do you know was asbestos a suspect carcinogen in 9 1985? 10 MR. LANG: Once again, I'm 11 going to just object to the form, 12 foundation. Go ahead. 13 A That's what the form says. 14 Q Do you know if Eaton created any MSDS for 15 asbestos-containing friction material earlier than the 16 one we see here in 1985? 17 MR. LANG: I'll just object to 18 the extent of the scope, and it's 19 beyond any potential Airflex 20 testimony. Go ahead. 21 Q This is with respect to -- I'm sorry -- Eaton 22 Airflex, any Eaton Airflex friction material? 23 MR. LANG: Could we just 24 have an ongoing thing with that? 25 When you reference Eaton, I don't 1 Q Do you know if Eaton Airflex ever created an MSDS 2 for asbestos-containing friction material that listed 3 asbestos as a known carcinogen rather than a suspect 4 carcinogen? 5 A No. 6 Q Did Eaton ever have a written respiratory program 7 for its employees who were working in the Airflex 8 plant? 9 A I don't know. 10 Q Were you ever in the manufacturing areas at the 11 Eaton Airflex facility? 12 A Often. I didn't work there. I just -- walking 13 through. 14 Q Walking through, did you ever see people wearing 15 any sort of masks or respirators while working with 16 friction material? 17 A I don't recall. 18 Q Do you know if the manufacturing facility ever 19 had any sort of dust collection or ventilation system? 20 A There were dust collectors around some of the 21 machines. 22 Q Okay. Which machines? 23 A There were some that -- and this, again, is in 24 the '70s time period -- where they were doing some 25 drilling of friction material. Page 38 Page 40 1 want to - can we focus it in on 1 Q Was there any sort of dust collection system 2 Airflex, meaning you're using Eaton 2 prior to the '70s? 3 interchangeably with Airflex when 3 A Not that I was aware of. 4 you're asking him specific questions 4 Q And you started there in 1963, correct? 5 about the products? 5 A Correct. 6 MR. KIWALA: Yes. When we're 6 Q Do you recall any sort of industrial hygiene 7 talking about questions about the 7 testing being done at Eaton Airflex; anybody coming in 8 products, I'll restrict that to just 8 to the plant to take dust samples? 9 the Airflex products. 9 A No. I'm sorry. I saw a document yesterday, 10 MR. LANG: Because when you 10 actually, where they had done some testing in the R&D 11 say, "Eaton," so we're going to be on 11 lab of Eaton Airflex. But not in the factory itself, 12 the same page, we're assuming it's 12 but in the R&D lab. And they found that there was 13 Airflex you're talking about. 13 no -- the concentrations were very low, well below the 14 MR. KIWALA: Yes. 14 standards, allowable standard. 15 MR. LANG: Okay. Great. 15 Q Okay. 16 MR. KIWALA: If it's 16 MR. KIWALA: Cheryl, can we 17 otherwise, I'll say so. 17 mark the last one in the stack, No. 18 MR. LANG: That way I won't 18 34. 19 keep interrupting you. Thanks. 19 20 Q I'm sorry. Going back to the question, again, do 20 (Plaintiffs Exhibit 4 marked for 21 you know if Eaton had created any MSDS for 21 identification.) 22 asbestos-containing friction material for use on 22 23 Airflex products earlier than this document here? 23 Q Okay. Mr. Petkash, I want you to take a look at 24 A I was not aware of them. I had never seen this 24 what's been marked as Exhibit No. 4. And it appears 25 before. 25 to be a letter dated November 19, 1975, correct? 10 (Pages 37 to 40) POHLMANUSA COURT REPORTING (877) 421-0099 Page 41 Page 43 1 A Correct. 2 Q And unfortunately on the first page, the 3 letterhead kind of cuts off there. But if you turn to 4 the second page, the signature line, it indicates that 5 the author is a Jack Dauch, I guess, D-a-u-c-h, 6 Manager of Occupational Health Services, correct? 7 A Correct. 8 Q And at any rate, this letter, if you look at, 9 again, top of the first page, purports to be enclosing 10 the results of recent asbestos sampling performed at 11 the Eaton Airflex plant. Would you agree? 12 A First line, yeah. 13 Q Yeah. And this letter is addressed to Eaton 14 Airflex, attention to Mr. Steve Trukalo? 15 A Yes. 16 Q Do you know what Mr. Trukalo's position at Eaton 17 Airflex would have been at that time? 18 A He was the factory manager. 19 Q And I take it you don't have any recollection of 20 this testing? 21 A No. 22 Q Let's go back to the second page, top of Page 2. 23 And it lists the asbestos concentration that was found 24 in the samples that were taken. And in six of the 25 seven samples, it shows the asbestos fiber 1 Q Was the R&D lab ventilated? Did it have any sort 2 of ventilation? 3 A Yes, it did. 4 Q Okay. 5 A There were fans and dust collectors and things in 6 that area. 7 Q In the testing that you saw, were the fans and 8 dust collectors operating when the testing in the R&D 9 lab was taking place? 10 A Yes. 11 Q I think we're done with this letter. 12 MR. KIWALA: Cheryl, can you 13 mark ~ it's No. 7 in the stack. 14 15 (Plaintiffs Exhibit 5 marked for 16 identification.) 17 18 MR. KIWALA: And, Chris, this 19 is one that was not from the Eaton 20 production, is not an Eaton document. 21 MR. LANG: Before you ask any 22 questions about this -- 23 MR. KIWALA: Oh, that's an 24 extra page, and we don't need to 25 include that as an Exhibit yet. Page 42 Page 44 1 concentration from the samples being lower than one 1 MR. LANG: Before you ask him 2 fiber per cubic centimeter, correct? 2 questions about this, do you want him 3 A Yes. 3 to review it? 4 Q Okay. And the seventh one, however, shows a 4 MR. KIWALA: Yes. 5 fibers per cc of more than 6, right? 5 MR. LANG: I want to go off 6 A 6.6, yes. 6 the, give him a second to look it 7 Q Let's go back to the bottom paragraph on the 7 over. 8 first page. And about halfway through that paragraph, 8 VIDEOGRAPHER: We're going 9 it says that sample No. 7 was a sample taken from 9 off the record. Actually, let's 10 "actual cutting and sanding operation," right? 10 change tape right now. 11 A Yes. 11 This concludes Tape No. 1. The 12 Q And it says that the cutting and sanding was done 12 time is now 10:02. We're going off 13 outside of a vented area; is that right? 13 the record. 14 A Yes. 14 (Brief recess taken.) 15 Q And let's go back to the second page. And the 15 VIDEOGRAPHER: We're back on 16 last line of that first paragraph under the sample 16 the record. This is the beginning of 17 results, the author suggests that any future grinding 17 Tape No. 2. The time is now 10:12. 18 should be done in a vented area; is that right? 18 You may proceed. 19 A Yes. 19 BY MR. KIWALA: 20 Q And you mentioned earlier that you recall seeing 20 Q Mr. Petkash, go ahead and take a look at the next 21 testing done in the R&D lab? 21 Exhibit marked No. 5. Have you ever seen that before? 22 A Correct. 22 A I have not. 23 Q And that showed levels -- very low levels of 23 Q I'll represent to you that this is the September 24 asbestos? 24 1952 issue of the Industrial Hygiene Digest, and it's 25 A Correct. 25 published by the Industrial Hygiene Foundation. If you 11 (Pages 41 to 44) POHLMANUSA COURT REPORTING (877) 421-0099 Page 45 Page 47 1 please turn to the second page of the document, look 1 (Plaintiffs Exhibit 6 marked for 2 under the heading, "New Additions to Foundation 2 identification.) 3 Membership." Does that indicate that Eaton 3 4 Manufacturing Company had recently become a member of 4 Q Okay. Mr. Petkash, you've been handed what I 5 the Industrial Hygiene Foundation? 5 believe has been marked as Exhibit No. 6? 6 A Yes, it does. 6 A Yes. 7 Q Is Eaton Manufacturing Company a former name of 7 Q And if you'll take a look at that Exhibit, would 8 Eaton Corporation? 8 you agree that the first page here appears to be an 9 A Yes. 9 internal memo from Eaton Airflex dated September 2, 10 Q And if you'll go to the next page of the 10 1975? 11 document, which would be Page 29 of the actual issue 11 A That's correct. 12 of the Digest, it appears to show a series of article 12 Q Have you seen this document before? 13 abstracts. And I'd like you to take a look at the 13 A I'm shown as a copier -- copy receipt, so yes. 14 last one on the page. Can you read aloud what the 14 But probably in 1975 was the last time I saw it. 15 title is there? 15 Q And I'd like you to turn the page -- the memo 16 A "Asbestosis Associated with Bronchogenic 16 here attaches a short article. I'd like you to turn 17 Carcinoma." 17 the page and take a look at that article. Have you 18 Q Okay. And could you read the last two sentences 18 ever seen that before? 19 of that abstract there, starting with, "The opinion is 19 A No. Well- 20 suggested" -- 20 Q It would have been attached to the memo you 21 A Can I read the first part of the paragraph first 21 received in 1975. 22 or -- 22 A Then I would have seen it. I want to read the 23 Q Oh, absolutely. 23 letter to see what they're talking about. 24 A (Witness reading.) Okay. 24 MR. KIWALA: We can go off the 25 Q And could you just please read aloud the last two 25 record so he can have a chance to Page 46 Page 48 1 sentences of that paragraph, starting with, "The 1 review it. 2 opinion is suggested" - 2 VIDEOGRAPHER: We're going 3 MR. LANG: I'm going to 3 off the record at 10:18. 4 object to the form of the question. 4 A (Witness reading.) 5 But go ahead and read it if you want 5 VIDEOGRAPHER: We're back on 6 to. 6 the record. The time is now 10:19. 7 A "The opinion is suggested that the silicate in 7 Q Okay. Mr. Petkash, you've had a chance to review 8 asbestos must itself be directly carcinogenic. It 8 the letter. And in here it says NIOSH is issuing a 9 establishes an additional reason for preventative 9 warning about Brake Lining Surface: Asbestos 10 measures in the use of asbestos." 10 Exposure. Do you see that? 11 Q Okay. Mr. Petkash, would you agree that in 1952, 11 A Yes. 12 information that asbestos causes cancer was available 12 Q And if you look in the paragraph underneath, I'll 13 to Eaton? 13 just read it. It says, "Previous studies of asbestos 14 MR. LANG: Let me just object 14 emissions from automobile brake lining wear showed 15 to the form, foundation. Answer that 15 that only a small fraction of the original asbestos 16 if you can. It's beyond the scope. 16 content was found in brake drum dust. However, 17 Go ahead. 17 present findings indicate that enough asbestos is 18 A You want to say the question again? 18 preserved to produce significant exposures during 19 Q Sure. Would you agree that in 1952, information 19 certain brake servicing procedures." Do you see that? 20 that asbestos causes cancer was available to Eaton? 20 A Yes. 21 MR. LANG: Same objections. 21 Q And if we go a little bit further down under, 22 A Based on this documentation, I would say yes. 22 "Recommended Interim Procedures, and the first 23 MR. KIWALA: Cheryl, could 23 paragraph under that heading, the last sentence, it 24 you mark No. 8 in the stack. 24 says, "During manual clutch respirators should be worn 25 25 during removal and cleaning of the clutch, pressure 12 (Pages 45 to 48) POHLMANUSA COURT REPORTING (877) 421-0099 Page 49 Page 51 1 plate and housing assembly and during installation of 1 chart of malfunctions. And if you see under the 2 the new clutch assembly." Do you see that? 2 "Cause" column, the first letter B there, it says, 3 A Yes. 3 "Foreign material in friction surface." And next to 4 Q And then the next paragraph down, last sentence, 4 that there's a -- in the "Correction" column, under B 5 "Under no circumstances should compressed air" -- I'm 5 it says "Clean completely." Do you see that? 6 sorry - "compressed air or dry brushing be used for 6 A Yes. 7 cleaning." Do you see that? 7 Q A little bit further down in the "Cause" column, 8 A Yes. 8 the last C on that column, it says, "Embedment" -- I 9 Q Would you agree that as of September 1975, Eaton 9 think that's supposed to be "of foreign material in 10 Airflex was aware of information showing that 10 friction shoes." And next to that it says, for the 11 significant exposures of asbestos could occur from 11 correction, "Cleaner replace," correct? 12 performing maintenance on or replacing clutches? 12 A Yes. 13 MR. LANG: Objection to the 13 Q Would foreign material include dust? 14 form, foundation. 14 A Dust, grease, items like -- of that sort, yes. 15 A Yes. 15 Q Anything that's foreign? 16 Q And specifically using compressed air to clean 16 A Yeah. Anything that's not supposed to be there. 17 clutches could cause a significant exposure to 17 Pieces of metal. Could be lot of different things. 18 asbestos? 18 Q I'm going to let you take a look at this 19 MR. LANG: Same objections. 19 document, but do these instructions provide any 20 A Yes. 20 information about how to go about cleaning the clutch? 21 MR. KIWALA: Cheryl, could 21 A It doesn't appear to, no. It just says, "Clean, 22 you mark No. 9. 22 clean or replace." 23 23 Q And the friction material on this type of clutch 24 (Plaintiffs Exhibit 7 marked for 24 in 1968 would have been asbestos-containing friction 25 identification.) 25 material, right? Page 50 Page 52 1 1 MR. LANG: Object to the form 2 Q Mr. Petkash, you've been handed what's been 2 and foundation. If you know. 3 labeled as Exhibit 7. 3 A In the maintenance paragraph it says, "High grade 4 A Uh-huh. 4 asbestos friction blocks," first sentence. 5 Q Would you agree this appears to be instructions 5 Q Right. 6 for maintenance and disassembly of a Fawick clutch for 6 MR. KIWALA: Cheryl, can you 7 use on a Coast Guard vessel? 7 mark No. 10 in the stack. This would 8 A Yes. 8 be Exhibit No. 8. I'm sorry. This 9 Q Did Fawick and Eaton sell Airflex clutches to the 9 isFAW 18565. 10 military? 10 11 A Directly, no. It was through, in this case, a 11 (Plaintiffs Exhibit 8 marked for 12 gearbox manufacturer. I think these were Philadelphia 12 identification.) 13 Gears. 13 14 Q Is the document that we're looking at now, 14 Q Mr. Petkash, have you had a chance to review 15 Exhibit 7, a document that Fawick or Eaton would have 15 Exhibit No. 8? 16 created? 16 A Yes, briefly. 17 A Yes. 17 Q And would you agree that these are maintenance 18 Q Let's look at the maintenance section on the 18 instructions for an Airflex clutch, specifically a VC 19 first page. And that first paragraph there, a little 19 marine clutch? 20 bit more than halfway down, it says, "The clutch must 20 A Correct. 21 be kept clean of any foreign material and should be 21 Q And this document does appear to be an Eaton 22 inspected at regular intervals for such foreign 22 document, correct? 23 material." Do you see that? 23 A Yes. It contains the Eaton logo. 24 A Yes. 24 Q And the maintenance instructions on this document 25 Q And let's look at the next page. It has a little 25 are similar to what we saw in Exhibit No. 7 as far as 13 (Pages 49 to 52) POHLMANUSA COURT REPORTING (877) 421-0099 Page 53 Page 55 1 cleaning the clutch, right? 1 sanding the friction lining to remove the glaze"? 2 A Yes. 2 A Yes. 3 Q It says the clutch needs to be kept clean. 3 Q Is there any note there that says that sanding 4 Agree? 4 the lining could release asbestos? 5 A Yes. With the same -- 5 A No. 6 Q And it instructs that foreign material should be 6 Q And let's take a look over at the 7 kept -- should be cleaned out of the clutch? 7 right-hand column there, at the top where it says, 8 A Right. 8 "Oil or grease on the friction surface." 9 Q And it does not say how to go about cleaning the 9 A Yes, I see it. 10 clutch; is that correct? 10 Q Okay. And if you -- would you agree there that 11 A It does not. 11 the instruction there says that if oil or grease gets 12 Q And there's no warning here against using 12 on the friction surface, you should use gasoline or 13 compressed air; is that correct? 13 naphtha on a rag to clean the lining; is that correct? 14 A No, there isn't. 14 A Yes. 15 Q And now, this document, if you turn to the second 15 Q And right below that instruction there is a 16 page, is dated July 1st, 1973, right? 16 caution. And the caution says that gasoline and 17 A Yes. 17 naphtha are flammable, right? 18 Q And the time that this document was created, all 18 A Yes. 19 of the VC marine clutches would have had 19 Q Okay. Now, Eaton did not supply gasoline or 20 asbestos-containing friction material on them; is that 20 naphtha to customers for cleaning Airflex clutch 21 right? 21 linings, right? 22 MR. LANG: Object to the 22 A No, they did not. 23 form, foundation, scope. Go ahead. 23 Q But here they're telling their users about the 24 A At that period, yes. 24 hazards of gasoline and naphtha as far as they might 25 Q Did the Airflex expanding type clutch, the E 25 be used in the maintenance of the clutch friction Page 54 Page 56 1 type, still use asbestos friction material in 1982? 1 lining, right? 2 A That was during the time of transition. Some 2 A Yes. 3 sizes may have and some others still might have been. 3 Q And again, there's no warning about the asbestos 4 Q So some may have, some may not? 4 in the friction material that the user is being 5 A Yes. 5 instructed to sand in the left-hand side column; is 6 MR. KIWALA: Cheryl, can you 6 that correct? 7 mark No. 11. And this is Bates No. 7 A That's correct. 8 13178. 8 Q And if you look further down that 9 9 right-hand column to subparagraph C under, "Friction 10 (Plaintiffs Exhibit 9 marked for 10 shoes do not retract," it says that if a deposit forms 11 identification.) 11 on the clutch lining, it needs to be cleaned, right? 12 12 A Which paragraph? I'm sorry. 13 Q Mr. Petkash, Exhibit No. 9 is a multi-page 13 Q It's under Section 5, "Friction shoes do not 14 document that appears to be an installation and 14 retract," subparagraph C. 15 operation manual for the Airflex E element assembly. 15 A C? 16 Would you agree? 16 Q Yes. 17 A Yes. 17 A Okay. 18 Q Okay. For purposes of our discussion today, I 18 Q Okay. Is there any instruction there about how 19 really want you to just take a look at and review 19 to go about cleaning the clutch lining in that 20 Page 5, the first page of the section labeled, 20 instance? 21 "Maintenance." And can you take a look at paragraph 21 A It's not talking about the linings themselves. 22 Ala. Do you see it? 22 Just the shoe and the interface between the back of 23 A Yes. 23 the shoe and the rubber tube, if that gets dust and 24 Q And do you see where it says, "If the friction 24 dirt from the atmosphere, it would reduce ~ it would 25 linings are glazed, the condition can be corrected by 25 move the shoe and cause it to drag on the drum -- 14 (Pages 53 to 56) POHLMANUSA COURT REPORTING (877) 421-0099 Page 57 Page 59 1 Q Okay. 1 material does not contain asbestos, the dust created 2 A -- if there was enough contamination. 2 as the friction material wears, along with the dust 3 Q Could wear dust from the operation of the clutch 3 from the operating environment, may irritate the 4 get in there? 4 respiratory system." Did I read that right? 5 A Could be one of the components of that 5 A Correct. 6 contamination, yes. 6 Q Okay. Sir, would you agree that the first time 7 Q Okay. But at any rate, there's no instruction 7 that Eaton put a warning against the use of compressed 8 here about how to go about cleaning that area? 8 air to clean Airflex clutches was after they no longer 9 A No. 9 contained asbestos? 10 Q Okay. And there's no instruction there not to 10 MR. LANG: I'll just object to 11 blow out that area, that shoe, with compressed air, 11 the form, foundation. You can answer 12 correct? 12 that if you know the answer. 13 A No. 13 A I don't. I don't know. 14 Q Okay. 14 Q Okay. 15 MR. KIWALA: Cheryl, could 15 A It could have occurred well before this. 16 you mark No. 12 in the stack. And 16 Q So far today we've looked at three separate sets 17 this is going to be FAW 06916. 17 of instructions for various models of Airflex 18 18 clutches. 19 (Plaintiffs Exhibit 10 marked for 19 A Uh-huh. 20 identification.) 20 Q One from 1968, one from 1973, and one from 1982. 21 21 And in none of those was there an instruction not to 22 Q Okay. And, Mr. Petkash, you've been handed a 22 use compressed air. Would you agree with that? 23 multi-page document. And this one appears to be a 23 A Yes. 24 manual for a CB type clutch. And it's dated 19 -- 24 Q Okay. And here in this manual that we're looking 25 June of 1990, correct, on the front? 25 at from 1990, where there is no asbestos in the Page 58 Page 60 1 A Yes, yes. 1 friction material, there's an instruction not to use 2 Q And CB is one of those constricting-type 2 compressed air. Would you agree with that statement? 3 clutches? 3 A Yes. 4 A Right. That's what the illustration shows. 4 Q Okay. Are you aware of any Airflex instruction 5 Q And by 1990, those CB type clutches no longer had 5 manuals prior to this one in 1990 where this 6 asbestos-containing friction material in them, 6 instruction is given? 7 correct? 7 A No, I'm not aware of which others may have or may 8 A That's correct. 8 not have had that instruction. 9 Q I'd like you to turn to Page 9 of that document. 9 Q Do you know when the decision was made to put 10 And if you look towards the bottom of the left-hand 10 this instruction into Airflex clutch manuals? 11 column there under "Maintenance," paragraph 4.1.1.3, 11 A Into this manual it would have been around the 12 it's titled "Contamination of Shoes or Drum." 12 time it was published. This appears to be the 13 A Yes, I see it. 13 original publication, because they contained a 14 Q Okay. And if you look at the end of the 14 revision number or date as part of this. And there's 15 paragraph, it instructs the user that, "Any dust 15 no such thing. So that would have been that time. 16 accumulation may be vacuumed from between the friction 16 MR. LANG: Just so I'm clear, I 17 shoe assemblies," right? 17 didn't necessarily understand that. 18 A Yes. 18 What you're saying is Exhibit 10 19 Q Okay. Now, let's go up to the top of the 19 looks like the first manual they put 20 right-hand column. And there's a caution statement, 20 out with regard to that particular 21 correct? 21 thing -- 22 A Yes. 22 THE WITNESS: No. It's the 23 Q And this caution statement says, "Do not use 23 first publication of this one. 24 compressed air to blow dust accumulations out from 24 MR. LANG: That one. 25 between the friction shoes. Although the friction 25 THE WITNESS: Of this CB - 15 (Pages 57 to 60) POHLMANUSA COURT REPORTING (877) 421-0099 Page 61 Page 63 1 MR. LANG: Of the CB 4000. 1 the record. The time's now 10:46. 2 THE WITNESS: -4000. There 2 BY MR. KIWALA: 3 could very well have been others 3 Q Mr. Petkash, you're looking at what's been marked 4 prior to that with a similar 4 as Exhibit No. 11. Have you ever seen this document 5 warning. I don't know. 5 before? 6 Q Okay. Do you know if any manuals for the E 6 A No. 7 style, the expanding style of clutch, would have 7 Q Okay. Do you know if this is a document that 8 carried that warning prior to 1990? 8 would have been created by the sales department at 9 A No, I don't. 9 Eaton Airflex? 10 Q Is that anything that you investigated as part of 10 A It appears to be, but I don't really know. 11 your preparation for today's deposition? 11 Q And this appears to be a letter directed to 12 A I'm sorry. I didn't catch the first part. 12 customers of Eaton Airflex in the paper-making 13 Q Is that anything that you investigated as 13 industry, correct? 14 preparation for your deposition today, warnings Eaton 14 A Correct. 15 Airflex would have put out with respect to its 15 Q And it's dated 1993 February 22nd? 16 clutches over time? 16 A Correct. 17 A The only thing I saw was a -- it was an 17 Q Is this a letter that Eaton Airflex would have 18 engineering drawing showing a warning label. But I 18 been sending out to all of its customers in the paper- 19 don't know the date of that, when that drawing was 19 making industry in 1993? 20 produced. 20 MR. LANG: Object to the form. 21 Q Okay. Would the engineering drawing have gone 21 foundation, scope. You can answer if 22 out to customers? 22 you can. 23 A No. It was a drawing to manufacture the label. 23 A It appears so, yes, but I don't know. 24 Q Oh, okay. And you don't know the date of that 24 Q Did Eaton regularly send out these types of mass 25 drawing? 25 letters to customers in various industries such as the Page 62 Page 64 1 A No, I don't. I don't know that. 1 paper-making industry? 2 Q Do you have that drawing available to you? 2 MR. LANG: Same objections. 3 A It was with the attorneys. 3 Q You were in sales, right? 4 MR. PETTICORD: It was in the 4 A Yes. 5 production. 5 Q Did the sales department do that sort of thing? 6 MR. KIWALA: Cheiyl, could 6 A No. It wasn't common. 7 you go ahead and mark No. 13 in the 7 Q Let's take a look at Page 4. And the third sort 8 stack. 8 of bullet point down underneath that "Periodic 9 THE witness: Running out of 9 inspections" section, and in that bullet point, again, 10 room. 10 we have this instruction to clean the dust from the 11 MR. KIWALA: We're done with 11 clutch along with a warning not to use compressed air, 12 those. You can set them aside. 12 correct? 13 13 A Correct. 14 (Plaintiffs Exhibit 11 marked for 14 Q Okay. And again, in 1993, there was no asbestos 15 identification.) 15 in Airflex clutches sold by Eaton Airflex, right? 16 16 A Correct. 17 MR. KIWALA: I'm sorry. This 17 MR. KIWALA: Let's go ahead 18 isFAW 13678. 18 and mark No. 14 in the stack. This 19 A (Witness reading.) 19 is FAW 17182 to 184. 20 Q We can go off the record if you need a chance to 20 It's not there? 21 review that. 21 THE NOTARY: No. 22 VIDEOGRAPHER: We're going 22 MR. KIWALA: Well, we'll skip 23 off the record at 10:43. 23 it. My mistake. Second one today. 24 (Brief recess taken.) 24 Can we mark No. 15 in the stack then? 25 VIDEOGRAPHER: We're back on 25 Please tell me that one's there. And 16 (Pages 61 to 64) POHLMANUSA COURT REPORTING (877) 421-0099 Page 65 Page 67 1 this is FAW 17098. 1 to that, go ahead. 2 2 Q Well, at any rate, Mr. Rosenow is writing, "NAFCO 3 (Plaintiffs Exhibit 12 marked for 3 may be able to help provide this information." That's 4 identification.) 4 what the letter says, right? 5 5 A That's what the letter says. 6 Q Mr. Petkash, I want you to take a moment and 6 Q And NAFCO is National Friction Company; isn't it? 7 review what's been marked as No. 12, Exhibit No. 12. 7 A Correct. 8 MR. KIWALA: We can go off 8 Q And that is the major supplier of asbestos 9 the record while he reviews that. 9 friction material used in Airflex clutches at this 10 VIDEOGRAPHER: We're going 10 time, right? 11 off the record. The time is now 11 A Yes. 12 10:51. 12 Q Okay. Do you know if there was ever any 13 (Brief recess taken.) 13 relationship with National Friction other than it 14 VIDEOGRAPHER: We're back on 14 being a supplier? 15 the record. The time is now 10:53. 15 MR. LANG: Object to the 16 BY MR. KIWALA: 16 form, foundation. Go ahead ifyou 17 Q Okay. Mr. Petkash, you've had a chance to review 17 know. 18 Exhibit No. 12. And this is an inter-office memo 18 A Early in its formation, I think it -- Mr. Fawick 19 dated September 7th, 1976, correct? 19 himself personally had a small ownership in the 20 A Correct. 20 company. But then it became a separate company and he 21 Q And it is from an R.W. Rosenow to Marc Collins, 21 was out of it. But that was in its very early days. 22 right? 22 There was no further relationship other than a 23 A Correct. 23 customer vendor. 24 Q Okay. At the time that this was written, what 24 MR. KIWALA: Cheryl, could 25 position did Mr. Rosenow hold at Eaton Airflex? 25 you mark No. 2 in the stack. This is Page 66 Page 68 1 A He was service manager, field service manager. 1 FAW 03053. 2 Q So part of his job was to handle customer 2 3 inquiries? 3 (Plaintiffs Exhibit 13 marked for 4 A For repair issues, service issues, installation, 4 identification.) 5 that type of thing. 5 6 Q And Mr. Collins, what position did he hold at 6 Q Okay. Mr. Petkash, you have Exhibit No. 13 in 7 Eaton Airflex at the time? 7 front of you. And I really just need you to turn to 8 A He was the engineering manager at that time. 8 the fourth page of the Exhibit. And again, this is a 9 Q And from this letter, it appears that there's an 9 1964 Annual Report for Fawick Corporation, right? 10 inquiry from a customer about asbestos released during 10 A Yes. 11 the engagement of clutches, right? 11 Q And on the fourth page, fifth paragraph down, 12 A Yes. 12 could you read - just go ahead and read that for a 13 Q And at this point, it appears that Eaton is not 13 second. 14 sure if there's an exposure from this operation or 14 A (Witness reading.) Okay. 15 not. Would you agree with that? 15 Q And this says here in the annual report that 16 A Yes. 16 Fawick, in fact, established National Friction 17 Q And it appears that Mr. Rosenow thinks that NAFCO 17 Products Company in Logansport, Indiana in 1964, 18 should be contacted to help answer the question, 18 right? 19 right? 19 A Yes. 20 MR. LANG: Let me just object 20 Q And at the time that this annual report was 21 to the form, foundation to the extent 21 created, Fawick Corporation had a controlling interest 22 it misstates what's set forth in the 22 in that company; is that right? 23 document or requests the witness's 23 A That's what it -- I was not aware of that fact. 24 information as to what someone was 24 MR. KIWALA: And, Cheryl, 25 thinking back in 1976. But subject 25 could you mark No. 3 in the stack, 17 (Pages 65 to 68) POHLMANUSA COURT REPORTING (877) 421-0099 Page 69 Page 71 1 just a two-page document there. FAW 1 MR. KIWALA: Let's go ahead 2 03188. 2 and mark No. 16 in the stack. And 3 3 this is FAW 11855. 4 (Plaintiffs Exhibit 14 marked for 4 5 identification.) 5 (Plaintiffs Exhibit 15 marked for 6 6 identification.) 7 MR. KIWALA: And I've only 7 8 included FAW 03236. It was a long 8 MR. KIWALA: And we can go 9 document. 9 off the record. This is probably one 10 A (Witness reading.) 10 he'll want to review. 11 Q Mr. Petkash, Exhibit No. 14 is a Fawick 11 VIDEOGRAPHER: We're going 12 Corporation Notice of Special Meeting of Shareholders, 12 off the record at 11:05. 13 correct? 13 (Brief recess taken.) 14 A Yes. 14 VIDEOGRAPHER: We are back on 15 Q And this one is dated March 1, 1968, correct? 15 the record. The time is now 11:16. 16 A Yes. 16 BY MR. KIWALA: 17 Q Okay. And this is the notice of the shareholder 17 Q Mr. Petkash, you've had the opportunity now to 18 meeting for Fawick shareholders to approve the merger 18 review what has been marked as Exhibit 15? 19 with Eaton, right? 19 A Yes. 20 A Yes. 20 Q And that is a -- if you take a look at that 21 Q All right. And the second page of Exhibit No. 21 Exhibit, it appears to be a letter from an E.J. Sydor 22 14, under the consolidated statement of income here, 22 to Mr. Collins, dated October 5th, 1976, correct? 23 under subparagraph C notes that at least at the time 23 A Yes. 24 of the merger, Fawick still owns stock in National 24 Q Who is E.J. Sydor? 25 Friction. Would you agree with that? 25 A It's Ed Sydor I think was the way it was -- Sydor Page 70 Page 72 1 A It says 43 percent at that point. 1 was the way it was pronounced. He was the general 2 Q Do you know did Eaton ever own stock in National 2 manager of National Friction Products. 3 Friction after the merger with Fawick? 3 Q Okay. I'm saying Sydor because of Darryl Sydor, 4 A I don't know. 4 hockey player. 5 Q Do you know if any of the directors or officers 5 A Oh, okay. 6 of Fawick Corporation were directors or officers of 6 Q Okay. And from this letter, it appears that 7 National Friction? 7 Mr. Sydor's letter is in response to a letter from 8 A No, I don't know. 8 Mr. Collins, right? 9 Q Do you know if any directors or officers of Eaton 9 A Yes. 10 Corporation were ever directors or officers of 10 Q Okay. And this letter is talking about the 11 National Friction? 11 potential, if any, of asbestos exposure from working 12 A No, I don't know. 12 with brakes or friction material, right? 13 Q Do you know of anybody within Eaton who would 13 A If you're grinding it and changing it, there may 14 have that information? 14 have been a hazard. 15 A No, I don't, nobody that dates back that far. 15 Q If you look at the fourth paragraph down, he 16 Q Okay. Let's get back to Exhibit No. 12. That 16 mentions that NIOSH has put out a warning about 17 was that letter from Mr. Rosenow to Mr. Collins. And 17 asbestos exposure from working with brakes, right? 18 if you look at that last paragraph, it says that they 18 A Yes. 19 expect future - I'm sorry - similar inquiries in the 19 Q Okay. But then the next paragraph there, the one 20 future from other customers, right? Inquiries similar 20 that carries over from the first to the second page. 21 to the inquiry that's being brought up in this letter? 21 that sentence that carries over says he disagrees with 22 A Yes. 22 the statement - he disagrees with the statement that 23 Q Okay. And the reason for that is OSHA 23 using compressed air to blow out brakes can cause a 24 regulations, right? 24 significant exposure; is that right? 25 A Yes. 25 A He's disagreeing with that statement, yes. 18 (Pages 69 to 72) POHLMANUSA COURT REPORTING (877) 421-0099 Page 73 Page 75 1 Q Okay. And if you look at the last page, third 1 A Yes. 2 paragraph down, he says, "There is no measurable 2 Q Do you know if any anyone at Eaton Airflex did 3 amount of airborne asbestos liberated during a clutch 3 any testing or research to determine if this 4 or brake engagement, and this should not be a cause 4 information that was provided by Mr. Sydor was 5 for concern among people using your brakes and 5 accurate? 6 clutches"; is that right? 6 A No. 7 A That's correct. 7 Q Okay. Do you know if anybody did any testing to 8 MR. KIWALA: Could we mark 8 see ifthis information applied to specifically the 9 No. 17 in the stack. And this is FAW 9 Eaton Airflex products? 10 17152. 10 A No. 11 11 Q Okay. And in this letter, Mr. Rosenow is 12 (Plaintiffs Exhibit 16 marked for 12 instructing Mr. Baltz to forward this information that 13 identification.) 13 came from Mr. Sydor on to the customer, right? 14 14 A Yes. 15 Q Okay. And if you look at No. 16, it's another 15 Q Okay. And there's nothing in this letter about 16 Eaton inter-office memo, this time from Mr. Rosenow to 16 giving the customer the information that came from 17 R.L. Baltz, who 1 believe is the individual who 17 NIOSH in 1975 that indicated wear dust from brakes and 18 brought up the inquiry that was addressed in that 18 clutches was dangerous. Do you agree with that? 19 first letter that we saw dated September 7th; is that 19 A Yes. It just said pass on this information. 20 right? 20 Q Just the information that came from Mr. Sydor, 21 A Correct, from Exhibit 12. 21 right? 22 Q And this letter appears to be passing on the 22 A Right. 23 information that came from Mr. Sydor at National 23 Q Okay. And that information from NIOSH is 24 Friction, right? 24 information that Eaton Airflex had had for about a 25 A Yes. Paraphrased it, in fact. 25 year by the time this letter was written, right? Page 74 Page 76 1 Q Okay. And the second paragraph there says that 2 the friction material in Airflex clutches is about 50 3 persons asbestos by weight, right? 4 A Yes. 5 Q Okay. And then that paragraph goes on to say 6 that clutching and braking causes surface temperatures 7 to get very high, which causes the asbestos to convert 8 to something else, correct? 9 A Correct. 10 Q Okay. And you had mentioned earlier that the 11 clutching and braking causes very high temperatures, 12 right? 13 A Yes. 14 Q And when I asked you how hot, you said in the 15 neighborhood of 900 to a thousand degrees, right? 16 A Yep. 17 Q And this goes on to say that the amount of 18 asbestos that's left after that conversion from 19 asbestos to something else, whatever asbestos is left 20 is inconsequential in terms of being a health hazard, 21 right? 22 A Yes. 23 Q And 1 don't think we talked about specifically 24 when we were looking at Exhibit No. 15, but that is 25 basically what Mr. Sydor said in his letter; isn't it? 1 MR. LANG: I'll just object 2 to the form, foundation. Go ahead. 3 A I don't know the timing. 4 Q Let's go back and take a look at that. This was 5 Exhibit No. 6. Yeah. And that memo there in Exhibit 6 No. 6 is dated September 2, 1975, right? 7 A Yes. 8 Q Okay. And if you turn the page, the article is 9 stamped "Received" by the sales department on August 10 26th, 1975, right? 11 A Yes. 12 Q So Eaton Airflex had had this information for a 13 year by the time that the letter from Mr. Rosenow to 14 Mr. Baltz was written? 15 A Yes. 16 Q Let's take a look at the handwritten note at the 17 top of the Exhibit there, Exhibit No. 16. Do you know 18 whose handwriting that is? 19 A Robert Burks. 20 Q I'm sorry? 21 A Robert Burks, R.L. Burks. 22 Q R.L. Burks. And what was his position? 23 A He was a marketing manager. 24 Q Okay. And it appears from the note here that 25 Mr. Burks is directing a general memo go out to the 19 (Pages 73 to 76) POHLMANUSA COURT REPORTING (877) 421-0099 Page 77 Page 79 1 field providing this same information, right? 1 the memo mentions that there has been some concern 2 A Yes. 2 about exposure to asbestos from the use of Airflex 3 Q Okay. And so basically, this is going to be 3 products, right? 4 information that anybody in the field is going to give 4 A Yes. 5 to Eaton Airflex customers when they have questions 5 Q Okay. And the purpose of this letter is to 6 about asbestos release, right? 6 address those concerns, right? 7 A Correct. 7 A Clarify this matter, yeah. 8 Q And the purpose is so they can eliminate most of 8 Q And this is being given to all field sales 9 the customer inquiries that they assume that they will 9 offices? 10 be getting in the futures because of the OSHA 10 A Yes. 11 regulations, right? 11 Q Okay. And this is information that everybody in 12 MR. LANG: I just object to 12 the field sales offices is supposed to provide to the 13 the form, foundation. Go ahead. 13 customers if there's an inquiiy about asbestos 14 A The statement handwritten, "A general memo should 14 release, right? 15 eliminate most of customer questions re free 15 A Correct. 16 asbestos." Yes, that was the intent of sending out a 16 Q Let's turn to the second page of Exhibit No. 17. 17 general memo. 17 And on the second page, second paragraph down, again 18 Q Okay. 18 we have this information that high temperatures during 19 MR. KIWALA: Could we mark 19 the engagement of a clutch or brake break down the 20 No. 18 in the stack. 20 asbestos and whatever is left isn't dangerous, 21 MR. LANG: What's the number? 21 correct? 22 MR. KIWALA: Oh, I'm sorry. 22 A Yes. 23 FAW 18330. 23 Q Okay. And just above that, in the last sentence 24 24 in the paragraph above it, it says the asbestos 25 (Plaintiffs Exhibit 17 marked for 25 content in the friction materials varies from between Page 78 Page 80 1 identification.) 1 25 percent and 60 percent by weight, correct? 2 2 A Yes. 3 Q You can briefly take a look at that. 3 Q Okay. And earlier I think you had estimated it 4 VIDEOGRAPHER: We'll go off 4 was somewhere between - 5 the record now and change the tape. 5 A 10. 6 MR. KIWALA: Okay. 6 Q - 10, 50? 7 VIDEOGRAPHER: This concludes 7 A Yeah, I thought. 8 Tape No. 2. The time is now 11:27. 8 Q And this information about the asbestos breaking 9 We're going off the record. 9 down and whatever is left is not dangerous, that's the 10 (Brief recess taken.) 10 information, the same information that was received 11 VIDEOGRAPHER: Stand by. 11 from Mr. Sydor at National Friction, right? 12 We're back on the record. This is 12 A Yes. 13 the beginning of Tape No. 3. The 13 Q And this memo to all field sales offices does not 14 time is now 11:30. You may proceed. 14 include that information received from NIOSH in 1975 15 BY MR. KIWALA: 15 that the wear dust was, in fact, hazardous, correct? 16 Q Mr. Petkash, you've been handed what's been 16 A No, it doesn't. 17 marked as Exhibit No. 17. And this appears to be a 17 Q Okay. 18 memo dated November 24th, 1976. And it's labeled, 18 MR. KIWALA: Can we mark 19 "Sales Department Letter No. 76-46," right? 19 what's No. 19 in that stack. This is 20 A Correct. 20 FAW 17108. 21 Q Okay. Would this be the memo that Mr. Burks was 21 22 directing be made in the handwritten note on Exhibit 22 (Plaintiffs Exhibit 18 marked for 23 No. 16? 23 identification.) 24 A Yes. 24 25 Q Okay. And at the bottom of the first page there, 25 Q And while your counsel is reviewing that letter, 20 (Pages 77 to 80) POHLMANUSA COURT REPORTING (877) 421-0099 Page 81 Page 83 1 we talked about the temperatures that the friction 2 material gets up to. And you had said earlier during 3 the engagement of a clutch or brake, we're looking at 4 temperatures of between 900 and a thousand degrees, 5 correct? 6 A That's what I said, yes. 7 Q Okay. 8 A (Witness reading.) okay. 9 Q Okay. And I believe we're at No. 18 now? 10 A Yes. 11 Q If you take a look at Exhibit No. 18, it appears 12 to be a letter from Mr. Rosenow to Mr. Sydor. And 13 this is dated October 22, 1976, right? 14 A There's no signature page. I can't say -- 15 Q You don't have the second page? 16 A No. 17 MR. KIWALA: Is it there or 18 missing? That's the one. That's the 19 third strike. 20 THE WITNESS: 17108. 21 MR. KIWALA: 17109? 22 THE WITNESS: 17108. 23 THE NOTARY: 17109. 24 MR. KIWALA: Okay. That 25 would be it. 1 Q And, in particular, if you look at the second 2 paragraph, he's talking about that information about 3 asbestos converting to harmless minerals at high 4 temperatures, right? 5 A Yes. 6 Q Okay. And it notes that in the materials that 7 Mr. Sydor sent with his letter, there was a reference 8 to this breakdown of asbestos into harmless minerals 9 occurring at 900 degrees. Do you see that in the 10 letter? 11 A Yes, I do. 12 Q Okay. And below that, Mr. Rosenow says for the 13 most part, Airflex clutches and brakes don't get that 14 hot, and he wants to know exactly what temperature 15 this conversion is taking place at, right? 16 A Yes. 17 Q Okay. So at least according to Mr. Rosenow, 18 Airflex clutches and Airflex brakes don't get as hot 19 as 900 degrees, correct? 20 A I've seen many applications where there was 21 flames coming out of them. So there's some 22 applications that were very severe to the point where 23 it probably exceeded, well exceeded the 900 degrees. 24 They get very warm. 25 Q Was it -- strike that. Page 82 Page 84 1 VIDEOGRAPHER: We're still 1 A And when we talking about paper mill 2 on. 2 applications, that would be one. 3 Q Okay. So now you have the second page of that 3 Q Okay. Now, let's go down to the next paragraph. 4 letter, right? 4 In that next paragraph, Mr. Rosenow is saying that if 5 A Yes. Same letter. It was written by Rosenow. 5 the conversion isn't taking place from asbestos to 6 MR. LANG: Wait for a question. 6 those harmless minerals - 7 Q Again, this is the letter from Mr. Rosenow to 7 A Due to heat, yeah. 8 Mr. Sydor at National Friction? 8 Q ~ due to heat, then isn't abrasion the cause of 9 A Yes. 9 the wear dust in the clutches, right? 10 Q And this one is dated October 22, 1976, correct? 10 A Yes. 11 A Yes, that's right. 11 Q Okay. And then he says if that's the case, 12 Q Okay. And that's four days after, if you look at 12 aren't we emitting more asbestos than what Mr. Sydor 13 Exhibit No. 16, right, the letter, that went from 13 had suggested? 14 Mr. Rosenow to Mr. Baltz? 14 A He's asking that question -- 15 A Uh-huh. 15 Q He's asking that question. 16 Q That's four days after - 16 A -- whether it is or not. 17 A Yes. 17 Q Whether that's happening? 18 Q - that letter that went out with the information 18 A Right. It's not a fact at that point. 19 to tell the customer that came from Mr. Sydor, right? 19 Q And again, this is four days after Mr. Rosenow 20 A Yes. 20 told Mr. Baltz to forward the information that came 21 Q Okay. Now, Exhibit No. 18, this letter from 21 from Mr. Sydor, right? 22 Mr. Rosenow to Mr. Sydor, it's asking some questions 22 A Right. 23 about the information that Mr. Sydor had given earlier 23 Q Okay. So would you agree that at this point, 24 to Eaton Airflex, right? 24 four days after Mr. Rosenow instructed Mr. Baltz to 25 A Yes. 25 forward that information, Mr. Rosenow is now 21 (Pages 81 to 84) POHLMANUSA COURT REPORTING (877) 421-0099 Page 85 Page 87 1 expressing some doubts to whether or not this 1 MR. LANG: Same objections. 2 information about asbestos converting into something 2 A Certainly it's possible. Anything is possible. 3 harmless really applies to Airflex products? 3 Q And that way, people like Mr. Theriault and 4 MR. LANG: Again, I'm going 4 Mr. Barger and their employers could have looked at 5 to object to the form, foundation, 5 both sets of information and made their own decision 6 calls for speculation. You can 6 about what precautions they should be taking? 7 answer if you know what he was 7 MR. LANG: Let me just object 8 thinking. 8 again to the form, foundation, calls 9 Q Your answer? 9 for speculation. 10 A Over the -- I think he is trying to make a 10 A I don't know what they would have done with it. 11 generalization here. It isn't across the board, 11 I have no idea what they would do. 12 because there certainly are -- there were many 12 MR. KIWALA: Let's mark No. 13 applications that were severe enough to exceed that 13 20 in the stack. This is FAW 17068. 14 temperature. I witnessed many of them. 14 Oh, yes. This is, I believe, Exhibit 15 Q The customer in this case that Mr. Baltz was 15 19. This is No. 20 in my tabs. 16 being instructed to give this information to was Great 16 17 Northern Paper Company? 17 (Plaintiffs Exhibit 19 marked for 18 A I thought it was J.W. Penney that the information 18 identification.) 19 came from. 19 20 Q Let's go back to -- what is that, Exhibit No. 16, 20 A (Witness reading.) Okay. 21 the correspondence dated October 18th. Yeah, Exhibit 21 Q Okay. And if you take a look at what's been 22 No. 16. 22 marked as Exhibit No. 19, would you agree that this 23 A J.W. Penny and Great Northern Paper. 23 appears to be a response from Mr. Sydor to 24 Q Okay. But at any rate, some days after this 24 Mr. Rosenow's letter that we just finished looking at 25 letter was written to Mr. Sydor, Exhibit 18, the field 25 in the last Exhibit? Page 86 Page 88 1 memo went out to everybody in sales carrying the same 1 A It would appear so, yes. 2 information that was given to Mr. Baltz, right? 2 Q Okay. And this one's dated -- this letter, 3 A Yes. 3 Exhibit 19, is dated October 27th, 1976? 4 Q Okay. And, again, the information that was given 4 A Yes. 5 to Mr. Baltz and the information that went into the 5 Q And it mentions as attaching some reference 6 field memo was only the information that came from 6 material about the transformation of asbestos to those 7 Mr. Sydor, right? 7 other minerals, correct? 8 A I don't know that that was the only source. 8 A Yes. 9 Q Well, let's put it a different way. In neither 9 Q Okay. And unfortunately, I don't have that 10 one of those memos, neither the one specifically to 10 attachment here, but the letter does talk about it. 11 Mr. Baltz nor the one that went to the entire sales 11 In the second paragraph, Mr. Sydor says that this 12 force, was there any information or instruction to 12 conversion from asbestos these other minerals starts 13 give to the customers the information that Eaton 13 at around 700 degrees, and it is completed about a 14 Airflex had received from NIOSH? 14 thousand degrees, correct? 15 A No. 15 A Yes. 16 Q Would it have been possible for Eaton Airflex to 16 Q Okay. As Eaton Airflex made that conversion over 17 put in that field sales memo the information from 17 the late '70s and through the '80s and going into the 18 NIOSH alongside the information from Mr. Sydor? 18 '90s from asbestos-containing friction materials over 19 MR. LANG: Object to the 19 to non-asbestos-containing friction materials, they 20 form, foundation. Go ahead. 20 did some testing of those potential replacements, 21 A It certainly would be possible. 21 right? 22 Q Would it have been possible for Eaton to have 22 A Yes. 23 told its customers NIOSH takes a different view; we 23 Q Okay. And that was all done in-house. Strike 24 disagree with that, but this is what they have to say 24 that. 25 about it? 25 At least some of that was done in-house? 22 (Pages 85 to 88) POHLMANUSA COURT REPORTING (877) 421-0099 Page 89 Page 91 1 A To evaluate the samples provided generally by 1 asbestos-containing friction material, they would want 2 National Friction, yes. 2 to be simulating the conditions that the friction 3 Q Okay. And part of the purpose of that ~ really, 3 material on that product, whatever product that 4 the purpose of that testing would have been to make 4 friction material was going into, the temperature - 5 sure that these replacement materials were suitable, 5 the -- I'm sorry -- the conditions that the friction 6 right? 6 material would encounter during normal use? 7 A Yes. 7 A Yes. 8 Q Okay. That they would hold up under the same 8 Q Sorry. That was kind of a bad question. 9 conditions that the asbestos-containing friction 9 But the reason Eaton wanted to do that was to be 10 materials would be subjected to, right? 10 sure that they were making - putting in a replacement 11 A Yes. 11 material that would offer a comparable performance, 12 Q Okay. And that would be part of what Eaton 12 correct? 13 Airflex was trying to accomplish; they wanted to make 13 A Yes. 14 sure that the new replacement material wasn't going to 14 Q And part of the conditions that they'd want to 15 fail under those conditions, right? 15 simulate would include the temperatures that that 16 A Yes. 16 friction material would encounter during actual use on 17 Q Okay. Would that testing in the conditions to be 17 an Airflex product? 18 simulated, would that include the amount of heat, the 18 A Yes. 19 temperature that these friction materials would be 19 Q Okay. Looking at Page No. 3 of that test report, 20 going through? 20 under Section 7.2. And that says that they got the 21 A Yes. 21 drum temperature up to about 225 degrees. Agree? 22 MR. K1WALA: Okay. Let's 22 A Yes. 23 go ahead and mark No. 22. And this 23 Q And Section 7.3, they got that drum temperature 24 is a few pages long, but it's 24 up to about 225 degrees again, right? 25 starting at FAW 09783. 25 A Yes. There's a difference, though, between the Page 90 Page 92 1 1 drum temperature and the surface temperature. 2 (Plaintiffs Exhibit 20 marked for 2 Q Okay. 3 identification.) 3 A The interface between the friction material and 4 4 the drum is much hotter as the -- over time, the heat 5 A (Witness reading.) 5 soaks through. And they're taking like an overall 6 Q And we are at Exhibit No. 20. 6 mass temperature. That's what that 225 is. 7 Mr. Petkash, would you agree that this is an 7 Q Okay. Would they really know how hot the 8 Eaton Airflex Test Report, dated November 9th, 1979? 8 friction material was getting here, as part of this 9 A Yes. 9 testing? 10 Q Okay. And this is a report of testing that was 10 A It's not being reported, but that would be -- 11 done on some potential non-asbestos friction materials 11 Q Would that be important information to know? 12 to investigate whether these materials would be 12 MR. LANG: Just object to the 13 suitable for use in Airflex products, right? 13 form, foundation. 14 A Yes. But not the E-type products. It was for a 14 A I don't know. I don't know. The product that 15 specific -- a different -- 15 this is going on, the CS and the CT brake, was used on 16 Q Agree. This is for the - 16 an application that cycled frequently; it might go on 17 A CS-CT. 17 and off 100 times a minute. And to properly size the 18 Q CS-CT. 18 unit, you would try to provide enough brake capacity 19 A Right. 19 so that the temperature during operation didn't get 20 Q What kind of product is that? 20 much hotter than that. If it did, then it would wear 21 A They were spring set air release brakes. 21 very rapidly and it wouldn't be suitable. 22 Q These are brakes? 22 So they were testing that product based on the 23 A Not clutches, but brakes. 23 conditions it would normally operate in the field. So 24 Q And I think we agreed earlier that when Eaton was 24 it would try to keep the temperature down as much as 25 doing these tests for replacement for 25 possible. 23 (Pages 89 to 92) POHLMANUSA COURT REPORTING (877) 421-0099 Page 93 Page 95 1 MR. KIWALA: Let's go ahead 1 A Correct. 2 and mark what's No. 23 in the stack. 2 Q And let's look at the drum temperatures listed on 3 And, Chris, in this Exhibit, the 3 the first page. And can you tell me, what's the 4 Bates numbers aren't in sequential 4 highest temperature that the material at issue is to 5 order, so let me just give them to 5 be tested at here, highest drum temperature, anyway? 6 you. It's FAW 22672, 10285,22673 6 A It says, "550 degrees Fahrenheit." 7 and 22671. 7 Q And on the second page, what's the highest 8 8 temperature? 9 (Plaintiffs Exhibit 21 marked for 9 A 400. 10 identification.) 10 Q On the third page? 11 11 A 700. 12 Q Okay. 12 Q And the fourth page? 13 A Okay. 13 A 400. 14 Q Mr. Petkash, we're looking at what's been marked 14 Q Okay. Do you know if the expanding-type clutches 15 as Exhibit No. 21. And these appear to be a series of 15 would be operating at different drum temperatures than 16 test requests that were issued at various points in 16 what we've seen here with the constricting-type 17 the 1980s, correct? 17 clutches? 18 A '83, '84, yeah. 18 A The E type would be similar to the VC. 19 Q And all of these test requests are being made by 19 Q Okay. 20 a gentleman by the name of Jim Latsko? 20 A The EB type, expanding, would be similar to the 21 A Yes. 21 CB tests. 22 Q And what position did he hold at this time? 22 Q Okay. And at any point on these pages do we see 23 A He was a -- I think his title was principal 23 a procedure that's calling for subjecting the friction 24 engineer. He was a design engineer. 24 material to a drum temperature higher than 700 25 Q And let's just look at the first page, in that 25 degrees? Page 94 Page 96 1 Section 1.0 in the preface. It says the purpose of 2 the test that's being requested is basically -- well. 3 I'll just read it. "Because of the potential health 4 hazards associated with asbestos, including the 5 possibility of additional government controls and/or 6 regulations, it is desirable to eliminate the use of 7 asbestos in our friction materials." Did I read that 8 right? 9 A Yes. 10 Q Okay. So the purpose of this - and it says -- 11 would you agree it has similar language in those 12 preface sections on each of the subsequent pages? 13 A It's identical. 14 Q Okay. So would you agree that these -- the 15 purpose of these tests to be performed are to help 16 Eaton Airflex find a replacement for asbestos 17 materials that were being used at that time? 18 A Yes. That's what it says. 19 Q And if you look in the "Objective" section on 20 each of these, they're testing material that will 21 qualify for use in either VC or CV design clutch, 22 correct? 23 A Yes. 24 Q Okay. And those are, again, the constricting 25 type? 1 A No. 2 Q And, again, your testimony is that the 3 asbestos-containing friction material on Airflex 4 clutches would get in the neighborhood of between 900 5 and a thousand degrees, correct? 6 A Yes. Many that I saw. 7 Q Okay. And what we saw from Mr. Rosenow, his 8 letter says that the clutches do not run as hot as 900 9 degrees; is that right? 10 A Yes. 11 Q Okay. And I understand you say there's a 12 difference between the drum temperature and the 13 temperature on the friction material. But we don't 14 see drum temperatures in any of these testing 15 documents getting higher than 700 degrees, right? 16 A That's correct. 17 Q And that 700 degrees only happens one time, 18 right? 19 MR. LANG: Let me just object 20 to the form and foundation. Subject 21 to what you're reviewing, you can 22 answer. 23 A It appears in one of the test requests, yes. 24 Q Okay. 25 A In an application it could happen often. 24 (Pages 93 to 96) POHLMANUSA COURT REPORTING (877) 421-0099 Page 97 Page 99 1 Q I know you say you've seen many instances where 2 asbestos friction material on an Airflex clutch is 3 getting in the neighborhood of 900 to a thousand 4 degrees. Can you direct me to any document that would 5 show that happening? 6 A No, I don't -- no, I don't know of any documents 7 that show that. 8 Q Okay. And again, the sales memo that we saw 9 earlier that went out to the whole sales force said to 10 tell customers who are asking that normal operating 11 conditions on the clutch get the friction surfaces so 12 hot that the asbestos is converted to a harmless 13 material, right? 14 A Yes. 15 MR. K1WALA: Let's go ahead 16 and mark No. 24. This will be 17 Exhibit No. 22. We are a little bit 18 after noon. Let's take a break. 19 Could we go off the record. 20 21 (Plaintiffs Exhibit 22 marked for 22 identification.) 23 24 VIDEOGRAPHER: We're going 25 off the record. The time is now l AFTERNOON SESSION 2 (1:00 p.m.) 3 VIDEOGRAPHER: We're back on 4 the record. The time is now 12:58. 5 You may proceed. 6 BY MR. KIWALA: 7 Q Okay. Mr. Petkash, we're back from lunch. And 8 you have in front of you what's been marked as Exhibit 9 No. 22. And just to make sure, this was Bates No. FAW 10 24173? 11 A Yes, I have it. 12 Q And that appears to be a letter from you to 13 Marc Collins, dated April 26th, 1983, right? 14 A That's correct. 15 Q Okay. And in the first sentence there of that 16 letter, it says - you say, "The need for non-asbestos 17 friction material is reaching a crisis stage," right? 18 A Yes. 19 Q Can you explain to me what you meant by that, 20 "crisis stage"? 21 A Well, it's further mentioned that customers are 22 insisting that we supply them with clutches and brakes 23 that had non-asbestos material. And if we didn't, we 24 weren't going to sell it. So that, from a sales 25 perspective, is a crisis in that we're not going to be Page 98 Page 100 1 12:05. 2 (Luncheon recess taken.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 able to sell something, so we'd better do something to 2 satisfy those customer requirements. 3 Q Didn't -- Eaton Airflex was developing and 4 introducing using non-asbestos friction material on at 5 least some of its clutches as early as the late '70s, 6 you testified earlier, right? 7 A Correct. 8 Q Okay. In 1983, how many products still offered 9 only asbestos-containing friction material out of the 10 line -- out of the line of Eaton Airflex products? 11 MR. LANG: Just object to the 12 form, foundation. 13 A It's hard to quantify. The progression took 14 several years. And this was actually rather early in 15 the overall progression. 16 Q Okay. So at this point, there weren't that many 17 products that had -- 18 A Again, I'm -- no, there weren't that many 19 products. 20 Q Okay. And just to be clear, there weren't that 21 many products in 1983 that had a non-asbestos friction 22 material available for them? 23 A No. 24 Q And I guess that non-availability of a 25 non-asbestos friction material was what was causing 25 (Pages 97 to 100) POHLMANUSA COURT REPORTING (877) 421-0099 Page 101 Page 103 1 this crisis? 1 there. 2 A It was threatening our business, yes. 2 3 Q And a little bit further down, you say that you 3 (Plaintiffs Exhibit 23 marked for 4 keep telling the customers that the friction material 4 identification.) 5 residue is not harmful, but you say they don't believe 5 6 you. And I know it says, "us" and "we" in the 6 MR. KIWALA: This is No. 23, 7 letter. I guess would that be the Eaton Airflex sales 7 and the Bates number is FAW 24219. 8 force is giving this message to the customers? 8 Q Mr. Petkash, if you'll take a look at what's been 9 A Yes. 9 marked as Exhibit 23. It appears to be a letter from 10 Q Okay. And the customers are not -- 10 the Ecusta Paper and Film Group of Olin Corporation. 11 A And then utilizing that sales department letter 11 And the letter is dated June 23rd, 1983? 12 that Bob Rosenow had written several years prior. 12 A Yes. 13 Q Okay. Was that sales department letter from 13 Q And Ecusta Paper and Film Group, this sounds like 14 1976, was that given directly to customers; would they 14 it might have been a paper mill customer of Eaton 15 see that actual development? 15 Airflex? 16 MR. LANG: Object to the 16 A Yes. 17 form, foundation. 17 Q Was the paper-making industry, just in a general 18 A Most likely, yes. 18 sense, a big customer for Airflex Products? 19 Q Do you recall getting any feedback from the 19 A Yes, it was. 20 customers about why they didn't believe this message 20 Q Okay. And do you know if the ~ in the address 21 that they are getting? 21 here it just states Eaton Corporation. It doesn't 22 A No, I don't remember anything specific. 22 specifically mention the Airflex Division. 23 Q And at the close of your letter, you say, "We 23 Do you know if this Ecusta Paper and Film Group 24 must increase our efforts in this direction," meaning 24 was a customer for Airflex products specifically? 25 working towards non-asbestos replacements, correct? 25 A No, no, I don't know that specifically. Page 102 Page 104 1 A Yes. 2 Q "We must increase our efforts in this direction 3 before we start losing orders as a result." Were you, 4 in fact, losing orders because of the asbestos issue 5 at this point, when you wrote this letter? 6 MR. LANG: Object to the 7 form, foundation. 8 A Oftentimes you don't know that; you just lose 9 it. And it's just ~ you may not hear from the 10 customer that they've gone elsewhere. It's just that 11 you don't get the business. 12 Q Do you recall Eaton Airflex losing customers at 13 this point in time? 14 A Not a specific name, no. 15 Q And just as a general matter, do you recall that 16 around 1983, when this was -- when you wrote this 17 letter, were you seeing a drop-off in the number of 18 customers Eaton Airflex had for its products? 19 MR. LANG: I'll just object 20 to the form, foundation, asked and 21 answered. Go ahead. 22 A No. It's hard to quantify. It could just be a 23 different business atmosphere. You don't know. 24 MR. K1WALA: Let's go ahead 25 and mark what's No. 25 in the stack 1 Q Okay. In the letter, Ecusta is mentioning that 2 they're purchasing products from Eaton that may 3 contain asbestos, and it might be being used by 4 employees who are not aware that there is asbestos 5 present in the product, right? Do you see that? 6 A Yes. 7 Q And they're asking Eaton to put a label or a tag 8 on the asbestos-containing components that will stay 9 there with the component till the point of use, right? 10 A Yes. 11 Q Do you know if Airflex ever put that kind of 12 label or tag on its asbestos-containing products or 13 components? In 1983, were they doing that? 14 A In 1983,1 don't know. But we did at some time. 15 Q At some point you did? 16 A Yeah. But I don't know that specific time 17 period. 18 Q Do you have a sense -- would you be able to give 19 me an estimate in terms of years when that practice 20 may have started? 21 A It would have been in the mid-80s, something 22 around that time. But I don't know, you know, if on 23 June 24th we started putting labels on. I don't know. 24 Q Would you agree that without a label or a tag of 25 the kind that Ecusta is asking for here, a worker who 26 (Pages 101 to 104) POHLMANUSA COURT REPORTING (877) 421-0099 Page 105 Page 107 1 encounters an asbestos product that is in service 1 number of products. Would you agree? 2 wouldn't necessarily be able to tell that the product, 2 A Yes. 3 in fact, contains asbestos? 3 Q Okay. And specifically it mentions the VC, E, 4 MR. LANG: I just obj ect to 4 VE, DBA, and caliper products, right? 5 the form, foundation, speculation. 5 A Yes. 6 Q If it was an Airflex product in service, a worker 6 Q And the E and VE are expanding clutches, right? 7 encountering an Airflex product in service, would they 7 A Yes. 8 be able to tell whether or not that Airflex product 8 Q And the VC is a constricting clutch? 9 had an asbestos component to it? 9 A Yes. 10 MR. LANG: Same objections. 10 Q All right. And it says that the decision was 11 Let him finish. 11 made that for these products, the asbestos material 12 Q Well, I'm finished. You can go ahead with your 12 would be replaced with a non-asbestos material. 13 answer. 13 Does this mean that prior to January 24th, 1986, 14 A No, they wouldn't, they wouldn't be able not to 14 these products had asbestos-containing friction 15 tell. 15 material in their products -- I'm sorry. Strike 16 Q Would you agree that if the worker doesn't know 16 that. 17 that the Airflex product contains asbestos, they can't 17 Does that mean that prior to January 24th, 1986, 18 know what precautions they should be taking for 18 these products had a non - I'm sorry - an 19 working with the asbestos-containing components of 19 asbestos-containing friction material? 20 that product? 20 A Yes. 21 MR. LANG: Same objections. 21 Q Would that be true for all products falling under 22 A Yeah, I guess they wouldn't. 22 these categories? 23 Q If they don't know there's asbestos there, 23 MR. LANG: I'll just object 24 they're not going to know that they need to take 24 to the form, foundation. Go ahead. 25 precautions, right? 25 Q For instance, would that be true for all VC, E, Page 106 Page 108 1 A Right. 1 VE, DBA, and caliper products? 2 MR. LANG: Same objections. 2 MR. LANG: Objection. 3 MR. KIWALA: Can we move on, 3 A Yes. 4 and let's mark what's No. 26 in this 4 Q And if you look further down in the paragraph, it 5 stack. And this is Bates No. FAW 5 looks like they're still working on finding a 6 24333. It's a two-page document. 6 replacement for the friction material for CS, CT, and 7 7 CB/EB products; is that correct? 8 (Plaintiffs Exhibit 24 marked for 8 A Yes. 9 identification.) 9 Q Okay. And the CS/CT and the CB/EB, again, those 10 10 are clutches, either constricting or expanding? 11 A Okay. 11 A The CS/CT were a spring set air release brake, a 12 Q Mr. Petkash, have you had an opportunity to 12 drum brake. The CB is the constricting unit. The EB 13 review Exhibit No. 24? 13 is the expanding unit. 14 A Yes. 14 Q Okay. So does this mean that at this point in 15 Q And this is an Eaton memo dated January 24th, 15 time, in January 1986, for the CB/EB products, 16 1986, right? 16 asbestos-containing friction material is being used? 17 A Yes. 17 MR. LANG: Same objections. 18 Q And it appears at the time, according to the 18 A That's what it would imply, yes. 19 first paragraph in that memo, the EPA was proposing a 19 Q Do you know if at any point Eaton Airflex was 20 ban on asbestos in all products, right? 20 offering Airflex products with both an 21 A Yes. 21 asbestos-containing version and an asbestos-free 22 Q And based on that proposed ban, if you'll look at 22 version? For instance, with a style E clutch, was 23 the bottom of the page, last paragraph, it appears 23 there ever a time when the style E clutch, you could 24 that the decision has been made to substitute asbestos 24 either get one that contained asbestos-containing 25 friction materials with non-asbestos replacements in a 25 friction material or one that had asbestos-free 27 (Pages 105 to 108) POHLMANUSA COURT REPORTING (877) 421-0099 Page 109 Page 111 1 friction material, where the customer had that option? 1 This concludes Tape No. 3. The time 2 A There were -- the change was phased in based on 2 is now 1:19. 3 size. And the volume -- the higher volume units would 3 (Brief recess taken.) 4 have been changed first and then the other. So there 4 VIDEOGRAPHER: We're back on 5 was some overlap as far as supplying them both at the 5 record. This is the beginning of 6 same time. 6 Tape No. 4. The time is now 1:20. 7 Q Would it be fair to say that depending on the 7 A (Witness reading.) Okay. 8 size of the clutch and the style of the clutch, when 8 Q Okay. Mr. Petkash, you've had time to review 9 that changeover occurred would vary in terms of when 9 what's been marked as Exhibit No. 25, correct? 10 exactly that changeover occurred, but for each one of 10 A Yes. 11 those styles, there would be at least some brief 11 Q And that is a letter titled, "Sales Department 12 period where there was both an asbestos-containing 12 Letter No. 87-7," right? 13 version and an asbestos-free version available? 13 A Yes. 14 A Actually, when we finally got production of a 14 Q And that's dated April 10th, 1987? 15 particular non-asbestos friction material, the -- 15 A Yes. 16 whatever was in inventory was scrapped. 16 Q Okay. And this is another one of those memos 17 Q Was scrapped? 17 that goes out to all of the salespeople for Eaton 18 A Yeah. They scrapped it. They didn't continue to 18 Airflex, right? 19 sell them once we had a product that we could use on 19 A Correct. 20 that particular size. 20 Q And is this conveying information that's supposed 21 Q Okay. Do you know if there's any document that I 21 to be shared with the customers? 22 could find at Eaton that there's like a -- that would 22 A Yes. 23 serve as a guide for when specifically each style 23 Q Okay. And let's take a look at the fifth 24 would have changed over from an asbestos-containing to 24 paragraph down. And it's the second sentence. I'll 25 an asbestos-free version? Because as you said, it 25 just go ahead and read it. "The likelihood of Page 110 Page 112 1 depended on which specific product. It could have 1 creating airborne fiber concentrations approaching the 2 been as early as the late 1970s until as late as the 2 new action level appears to be significant only if the 3 early 1990s, right? 3 customer grinds, sands, or otherwise machines the 4 A Yeah. No, as far as I'm aware, there's no such 4 blocks or if inappropriate methods, such as sweeping 5 document. 5 or blowing with compressed air instead of vacuuming, 6 Q There's no record of that? 6 are used to clean up any friction residue that may be 7 A No. 7 created by the unit." Did I read that correctly? 8 Q And if you look at the second page of that 8 A Yes. 9 letter, the last sentence says that the - if the 9 Q Okay. So here is in 1987 the sales department 10 testing that's being described in this letter is 10 letter saying that blowing out a clutch with 11 successful, the hope is that they can eliminate most 11 compressed air is a bad idea, correct? 12 of the asbestos products that Eaton Airflex has during 12 A Yes. 13 1986, right? 13 Q Do you know if prior to April 10th, 1987 Eaton 14 A Uh-huh. 14 Airflex had never sent that type of information out to 15 MR. LANG: Is that a yes? 15 its sales force? 16 A Yes. I'm sorry. 16 A Which type of information? 17 MR. KIWALA: Thank you. 17 Q The sentence I just read there, that -- the 18 Could we mark No. 28 in the 18 instruction that -- the caution that blowing out 19 stack. This is FAW 17190. Yeah, 25. 19 clutches with compressed air is an inappropriate 20 20 method. 21 (Plaintiffs Exhibit 25 marked for 21 A Well, he refers to a sales department letter 22 identification.) 22 86-04, which I don't know what that contained. But 23 23 this may have been a restatement of that. I don't 24 VIDEOGRAPHER: Let's go off 24 know. 25 the record while I change tapes. 25 MR. KIWALA: Let's go ahead 28 (Pages 109 to 112) POHLMANUSA COURT REPORTING (877) 421-0099 Page 113 Page 115 1 and mark No. 27 in the stack then. 1 Q Okay. And what this letter indicates here is 2 This is No. FAW 17188. 2 that during that period, unless the customer 3 3 specifically asked for the non-asbestos version of the 4 (Plaintiffs Exhibit 26 marked for 4 product, they got the asbestos-containing version, 5 identification.) 5 correct? 6 6 MR. LANG: I'll just object 7 A (Witness reading.) Okay. 7 to form and foundation based on the 8 Q Mr. Petkash, you've had a chance to review 8 content of the letter. Go ahead. 9 Exhibit No. 26, which appears to be the Sales 9 A That's what this sentence says, yes. 10 Department Letter No. 86-04? 10 Q Do you know why Eaton Airflex would do that? 11 A Yes. 11 MR. LANG: Object to the 12 Q Okay. And this is that sales department letter 12 form, foundation. Go ahead. 13 that's being referred to in Exhibit 25, right? 13 A Because they hadn't yet received the replacement 14 A Right. 14 material. It didn't happen overnight. 15 Q Okay. Do you see anywhere in that sales 15 Q This says that, does it not, ifthe customer 16 department letter 86-04 any instruction saying not to 16 specifically asks for an asbestos-free product, they 17 use compressed air to blow out a clutch? 17 could get it up -- you know, prior to April 1 st of 18 A No, it doesn't say that. 18 1987, right? 19 Q Okay. So again, do you know of any prior to 19 A That doesn't necessarily mean that it would have 20 April 10th, 1987, any field memo or instruction to the 20 been available at the time they wanted it. If they 21 sales staff that said instruct the customers that 21 said okay, we want non-asbestos material, well, we 22 using compressed air to blow out a clutch is an 22 haven't made it yet. So it's going to be a month or 23 inappropriate method? 23 two months before we're able to supply it. 24 A No, I don't know of a document. 24 Q Let's go back to Exhibit No. 24, that January 25 Q Okay. Let's move on to the next paragraph -- 25 24th memo of 1986, and look at the bottom paragraph on Page 114 Page 116 1 back to Exhibit No. 25, the April 10th, 1987 memo. 1 the first page, second sentence. Actually, first two 2 And I'm going to read to you from that paragraph a 2 sentences. Does that indicate that as of January 3 couple sentences in. It says, "However, any orders 3 24th, 1986, there's a non-asbestos replacement 4 received after April 1st, 1987 for our CB, VC, E, EB, 4 material available and ready to go for VC, E, VE, DBA 5 VE, DBA, DP and HD product lines for use in non-slip 5 and caliper products? 6 applications will be shipped with non-asbestos 6 A Yes. 7 friction only." 7 Q Okay. And VE would be the expanding clutches, 8 So it was correct that after April 1 st of '87, 8 right? 9 those products that were listed just there would no 9 A Yes. 10 longer have asbestos-containing friction material? 10 Q Okay. So between January 24th, 1986 and 11 A Yes, that's what it says. 11 April 1st, 1987, if an Airflex customer came to 12 Q Okay. Now, let's look at the sentence prior to 12 Airflex with the request for an E style expanding 13 that. It says, "Over the past few months we have been 13 clutch with non-asbestos friction material, that was 14 depleting our inventory of asbestos friction materials 14 available to them, right? 15 by using it to fill orders where the customer has not 15 A Not necessarily. It says, "We agreed to 16 explicitly asked for non-asbestos materials." Did I 16 replace." That doesn't mean that on the 25th of 17 read that correctly? 17 January we had a pallet's load of non-asbestos 18 A Yes. 18 material in the house. It took months for that to 19 Q Okay. Does that mean that in the -- I guess 19 happen. It was a -- it's a long process. There's -- 20 between January 24th, 1986 and April 10th, 1987, there 20 well, there's a variety of different sizes. They're 21 was a period where at least on several of these 21 used in different quantities. So it just doesn't 22 products there was both an asbestos-containing version 22 happen overnight. It takes a long time before that 23 of the product and an asbestos-free, right? 23 pipeline could be filled. And during that time, the 24 A Yes. That was the overlap that I was talking 24 asbestos would continue to be used. 25 about. 25 And if the customer explicitly asked to get 29 (Pages 113 to 116) POHLMANUSA COURT REPORTING (877) 421-0099 Page 117 Page 119 1 non-asbestos material, he may have had to wait for 1 as these materials became available, that they were 2 months before he would get the product. 2 getting non-asbestos before. It isn't necessarily 3 Q Okay. Let's go back to that sales department 3 okay, as of this date, everything happens. 4 letter, 87-7, back to that paragraph. 4 Q Sir, have you ever heard of the Asbestos 5 A Okay. 5 Information Association? 6 Q And let's read it together. And it says, "Over 6 A No. 7 the past few months we have been depleting our 7 Q You don't know anything about that organization? 8 inventory of asbestos friction materials by using it 8 A I mean, let me think about that. 9 to fill orders where the customer has not explicitly 9 Q Let me ask you -- go ahead. 10 asked for non-asbestos materials." 10 A I seem to recall seeing some publications. I 11 A Right. 11 think they were published in Canada, actually. And 12 Q Okay. So they're able - they're filling 12 I'm not sure if that was the name of the organization 13 orders -- they're filling the orders for the 13 that published them, but there were some documents 14 asbestos-containing materials. But ifthe customer is 14 that I saw at a -- 15 asking for a non-asbestos version, they're going to 15 Q Okay. 16 have to wait? 16 A -- at a trade show once. 17 A It's very possible, yes. 17 Q Do you know if Eaton was ever a member of the 18 Q Okay. You don't know that for sure? 18 Asbestos Information Association? 19 A Well, I worked at Airflex for a long time. I 19 A As far as I'm aware, they were not. 20 knew how long it took to deliver stuff. And when 20 MR. KIWALA: Okay. Let's go 21 we're making a change from one thing to another, it -- 21 ahead and mark Exhibit - I'm sorry. 22 regardless of how well it was planned, there always 22 It's No. 31 in the stack. It would 23 seemed to be a gap. You would plan to have it on 23 be No. 27. 24 August 5th, but the supplier, NAFCO, well, we couldn't 24 25 make that material right now. It's not going to be 25 (Plaintiffs Exhibit 27 marked for Page 118 Page 120 1 till September 5th. It happens all the time. 1 identification.) 2 Q How long would it usually take for NAFCO to fill 2 3 an order? 3 VIDEOGRAPHER: We're going 4 A Months. 4 off the record at 1:39. 5 Q Would it take a year? 5 (Brief recess taken.) 6 A Not a year, no. 6 VIDEOGRAPHER: We're back on 7 Q Okay. And in January of'86 -- 7 the record. The time is now 1:47. 8 A But the change could have very well taken a year 8 BY MR. KIWALA: 9 or more. It just doesn't -- it's not black and 9 Q Okay. Mr. Petkash, I want you to take a look at 10 white. It's not today we do, tomorrow we don't. It's 10 what's been marked as Exhibit 27. 11 a long transition. 11 A Yes, I did. 12 Q Okay. 12 Q And does it appear from the first page there that 13 A And like I said, there's many parts. There's 13 this is a list of Asbestos Information Association 14 probably -- I don't know the number, but there's 14 members dated December 1978? 15 several hundred different part numbers and types. So 15 A Yes. 16 it doesn't take -- it doesn't happen that quickly. 16 Q Okay. Let's turn to the back page of that 17 Q Okay. Well, based on what's in the memo here, is 17 document. This is, I believe, Page 6. And do you see 18 it true that if the - up until April 1st, if an 18 at the bottom of this page where it lists Eaton 19 Airflex customer didn't specifically request a 19 Corporation as a member? 20 non-asbestos product, what they would get was an 20 A Yes. 21 asbestos-containing product? 21 Q Okay. Do you know Richard Poirier? 22 MR. LANG: Let me just object 22 A I did not. 23 to the form and foundation of that 23 Q Okay. 24 question. 24 A It's a corporate person. That's the headquarters 25 A It very well could have been that prior to that, 25 address. It wasn't Airflex. 30 (Pages 117 to 120) POHLMANUSA COURT REPORTING (877) 421-0099 Page 121 Page 123 1 Q Where did Airflex have its plant? 1 what the AIA had to say in its submission in 1976? 2 A On Clinton Road on the west side of Cleveland. 2 MR. LANG: I'll just object 3 It's a suburb, Brooklyn. 3 to the form, foundation. 4 Q And this gentleman, Mr. Poirier, appears to be at 4 A Yes. 5 100 Erieview Plaza in Cleveland, Ohio? 5 Q Would this suggest to you that Eaton had 6 A Yes. 6 involvement with the Asbestos Information Association 7 Q Okay. Is that like the headquarters address? 7 at least as early as 1986? 8 A That's the headquarters, although I think it's a 8 MR. LANG: Same objections 9 different address now. 9 and scope. 10 MR. PETTICORD: Yeah. 10 A I have no idea. 11 Q So would you agree that Eaton Corporation was a 11 Q And, sir, I asked you earlier ifyou were a 12 member of the A1A in 1978? 12 member of any trade organizations, and I believe you 13 MR. LANG: I'll just object to 13 said no; is that right? 14 the form, foundation. 14 A That's correct. 15 A That's what the list says. I don't know. I 15 Q Okay. In your lifetime, have you had a chance to 16 didn't know the individual. I wasn't aware that we 16 join maybe not trade organizations, but maybe other 17 were a member. 17 types of organizations? 18 Q When you were preparing for deposition today, did 18 A No. I'm not a joiner. 19 you do any type of investigation about what 19 Q Not a member? 20 memberships Eaton Corporation may have had? 20 A No. Health club. 21 A I did not. 21 Q Okay. All right. No volunteer organization 22 Q Did anybody ask you to? 22 or- 23 A No. 23 A No. 24 MR. KIWALA: Let's go ahead. 24 Q Well, let me ask you this: If you were joining 25 Can we mark what is No. 32 in the 25 an organization, would you want to know something Page 122 Page 124 1 stack. And Chris and Dave, for your 2 reference, it's the 1976 -- it's a 3 two-page document. 4 5 (Plaintiffs Exhibit 28 marked for 6 identification.) 7 8 A (Witness reading.) Okay. 9 Q And this is Exhibit No. 28. Have you had a 10 chance to review that document? 11 A Yes. 12 Q And this would appear to be a letter enclosing a 13 submission to the Department of Labor regarding 14 asbestos regulation, correct? 15 A Yes. 16 Q And that's from the Asbestos Information 17 Association, and dated April 8th, 1976, right? 18 A Yes. April 8th. 19 Q April 8th. And the second page of that Exhibit 20 contains a list of companies. And at the top of the 21 page it says, "The following companies and trade 22 associations have endorsed this statement." And do 23 you see Eaton Corporation on that list? 24 A Yes. 25 Q So this would indicate that Eaton was endorsing 1 about that organization before you joined? 2 MR. LANG: I'll just object 3 to the form of that question, 4 foundation. Go ahead. 5 Q More specifically, would you want to know what 6 the goals and aims of the organization were before you 7 joined? 8 MR. LANG: Same objection and 9 scope. 10 A Certainly. But your -- that's a lot of 11 speculation. And since I don't intend to join, I'm 12 not interested in evaluating different organizations. 13 MR. KIWALA: Let's go ahead 14 and take a look and mark No. 33 in 15 the stack. 16 17 (Plaintiffs Exhibit 29 marked for 18 identification.) 19 20 Q I'll just have you look at the first page of that 21 right now. 22 A Okay. (Witness reading.) 23 Q And Exhibit No. 29, do you agree that it appears 24 to be a transcript of a presentation given by a 25 Matthew Swetonic, Executive secretary of the AIA? 31 (Pages 121 to 124) POHLMANUSA COURT REPORTING (877) 421-0099 Page 125 Page 127 1 MR. LANG: I'll just object 2 to the form, foundation. 3 A That's what the document says. 4 Q And it's -- it says that the presentation was 5 given on June 7th, 1973? 6 A That's the date on the document, yes. 7 Q Okay. And the title of the document is, "Why 8 Asbestos"? 9 A Yes. 10 Q Okay. If you look at the first paragraph on the 11 transcript, would you agree it's asking the rhetorical 12 question why asbestos is being singled out as a target 13 in various groups, right? 14 A Yes. 15 Q If you look a little bit further down in the 16 paragraph that starts with the word "First" -- 17 A I see it. 18 Q Okay. Would you agree that the presenter, again, 19 Mr. Swetonic, says in that paragraph that part of the 20 reason is because asbestos -- part of the reason that 21 asbestos is being singled out is because asbestos does 22 cause disease, right? 23 MR. LANG: I'll just object 24 to the form, foundation. 25 A The key word in that sentence is "substantial". 1 the negatives press about that, no one is paying 2 attention; is that right? 3 MR. LANG: I'll just object 4 again to the form, foundation, your 5 knowledge as to what someone else may 6 have been thinking or implying. 7 Go ahead. 8 A You're adding to the negativity by saying it was 9 killing people. 10 Q Does cancer not kill? 11 MR. LANG: Hold on. Object 12 to the form, foundation, beyond the 13 scope. 14 A It wasn't saying it here. That's not what it 15 said. It said it was dangerous, but in substantial 16 quantities. 17 Q And this was a statement made in 1973, right? 18 A Yes. 19 Q Okay. And we've seen a document showing Eaton 20 being a member at least in 1978? 21 A Yes. 22 Q Okay. So by that time, they would have been 23 aware that this statement had been made by somebody on 24 behalf of the AIA? 25 MR. LANG: Hold on. Wait. Page 126 Page 128 1 Q But it does say it does cause disease, right? 2 A Substantial amounts. 3 MR. LANG: Let me make an 4 objection. Object to the form, 5 foundation. And I'll state the 6 document speaks for itself. 7 Go ahead. 8 Q And it mentions two forms of cancer? 9 A That's what it says. 10 Q And he goes on to say that in his office, he has 11 a file of more than 2000 medical papers dealing with 12 the health risks of asbestos; is that right? 13 MR. LANG: Same objections. 14 A Yes. 15 Q Let's move on to the eighth page of the 16 transcript. It should be labeled Page 8 at the top. 17 A Okay. 18 Q And look at the fourth paragraph down. And that 19 says, "And the good news is that despite all the 20 negative articles on asbestos-health that have 21 appeared in the press over the past half-dozen years, 22 very few people have been paying attention." 23 So the presenter here is saying that yes, 24 asbestos does cause disease and does cause cancer and 25 kills people, but the good news is that despite all of 1 Let me just object to the form. That 2 lacks foundation. There's no way 3 that connection could be made based 4 on what we've seen thus far, so I'm 5 going to object to the form and 6 foundation. 7 Q Go ahead and answer if you can. 8 THE WITNESS: Should I 9 respond? 10 MR. PETTICORD: If you can. 11 MR. LANG: If you can. 12 A Well, in this document itself he says he's got 13 2000 articles and more being written every year. 14 Would anyone be able to read all of that and absorb 15 all that information? Unlikely. 16 Q I'm sorry. I'm not asking about the articles. 17 I'm asking about the statement made by Mr. Swetonic. 18 By the time that Eaton was a member, would they -- 19 they would have had access to and been aware that this 20 statement had been made by somebody representing the 21 Asbestos Information Association? 22 MR. LANG: Again, same 23 objection as before. We're talking 24 about a statement that was made in 25 '73, and then Eaton's knowledge 32 (Pages 125 to 128) POHLMANUSA COURT REPORTING (877) 421-0099 Page 129 Page 131 1 that - and you're implying they got 1 that. If you forgot the question, 2 the '73 article when they became a 2 you can have it read back. 3 member in '78. I'm going to object 3 A I don't think I can answer the question, 4 to the form, lacks foundation, calls 4 honestly. 5 for speculation. You can answer if 5 MR. PETTICORD: If you're 6 you can. 6 finished, we'll take a break. 7 A The likelihood that the Eaton representative, 7 VIDEOGRAPHER: We're going 8 whoever that may have been, was aware of this article 8 off the record. The time is now 9 is pretty remote. 9 2:03. 10 Q Sir, you were an employee of Eaton for a long 10 (Brief recess taken.) 11 period of time, right? 11 VIDEOGRAPHER: We're back on 12 A Yes. 12 record. The time is now 2:08. 13 Q You made it fairly far up the ranks, at least 13 BY MR. KIWALA: 14 within the Airflex Division, correct? 14 Q Mr. Petkash, I just want to go back to an issue 15 A Mid-level manager I guess you could say. 15 we talked about in a couple points earlier today. You 16 Q And over that time, you gained some sense of the 16 testified earlier that it's your understanding that 17 corporate culture there in Eaton; did you not? 17 the friction material on Airflex clutches during their 18 A Of Eaton Corporation itself? No. 1 had very 18 normal engagement gets to somewhere between 900 and a 19 little -- very little contact or involvement with the 19 thousand degrees, correct? 20 corporate people. My involvement was simply with 20 A That's what I said, yes. 21 Airflex. 21 Q And we saw earlier a letter from Mr. Rosenow that 22 Q Do you have any idea why Eaton would associate 22 indicated that the friction material did not get that 23 itself with a group that made statements such as the 23 hot, correct? 24 statements made by Mr. Swetonic? 24 A Yes. 25 MR. LANG: Again, let me just 25 Q Okay. And you're unable to recall a specific Page 130 Page 132 1 object to the form, foundation, calls 2 for speculation. It's beyond the 3 scope. 4 MR. PETTICORD: Argumentative. 5 MR. LANG: That's part of the 6 form. There's no possible way he can 7 answer that question. Really? Come 8 on. 9 Q Personally, as an employee of Eaton, would you 10 want the company to be associating itself with an 11 organization that made those kinds of statements? 12 MR. LANG: Let me just object 13 again, form, foundation. This is 14 argumentative. You've got to stop 15 that. Come on. He's here for the 16 Airflex Division. You know your 17 questions are improper. This is an 18 improper line of questioning 19 altogether. 20 MR. PETTICORD: Finish the 21 objection. 22 MR. LANG: I'm going to make 23 my objection to form, foundation, 24 argumentative, beyond the scope. 25 speculation. You can try and answer 1 document that says that the friction material on 2 Airflex clutches is getting up to 900 to a thousand 3 degrees, correct? 4 A Documents, no. But I've seen -- I've witnessed 5 clutch engagements that obviously were at those 6 temperature levels. Maybe even higher. 7 Q Okay. And that's what I wanted to find out. 8 Obviously you have something that you're basing that 9 statement on. Can you tell me -- you said you've seen 10 clutches in service that you believe are getting that 11 hot? 12 A Yes, I did. 13 Q Okay. And I think earlier you said that some of 14 them had fire coming off them. Is that part of the 15 normal engagement or operation of a clutch or brake? 16 A Normal, no. Something wasn't going right. 17 Q Okay. So that wasn't supposed to happen? 18 A No. 19 Q So if you saw flames coming off the clutch, 20 that's not normal operation of the clutch, right? 21 A Correct. 22 Q Okay. Do you have anything else other than 23 visual observations of a clutch in service that you 24 take as a basis for your statement that the friction 25 material is getting up to between 900 and a thousand 33 (Pages 129 to 132) POHLMANUSA COURT REPORTING (877) 421-0099 Page 133 Page 135 1 degrees? 1 Q Fair enough. What about Mr. Rosenow, is he still 2 A I don't have any documentation that shows that, 2 alive? 3 but I know there were. But I don't have documentation 3 A No. 4 to verify it. 4 MR. KIWALA: Okay. 5 Q Do you know who would have that type of 5 Mr. Petkash, we've been at this for 6 documentation? 6 quite some time. This has been a 7 A No. 7 little bit tedious, I'm sure, for 8 Q Do you know who would have conducted that type of 8 you. I appreciate your patience. I 9 testing? 9 don't have any further questions. 10 A It wasn't necessarily testing. It was 10 Thank you for your time. 11 operation within a factory. 11 MR. LANG: Anybody on the 12 Q Okay. Can you tell me who other than yourself 12 phone? Going once, twice. Okay. 13 within Eaton might have more knowledge about that 13 We'll read. 14 topic? 14 VIDEOGRAPHER: This concludes 15 A Someone who's currently in engineering now, but I 15 the deposition. The time is 16 don't know - 16 currently 2:13. This deposition 17 Q Let's see. Mr. Collins was in engineering, 17 contains a total of 4 videotapes. 18 right? 18 We're going off the record. 19 A He was an engineering manager at one time, yes. 19 (Signature not waived.) 2 0 Q Okay. And he was an engineer at the time that 2 0 (Deposition concluded at 2:13 p.m.) 21 asbestos was being used in friction material for 21 2 2 Airflex clutches, right? 2 2 Robert Petkash 2 3 A Yes. He was -- there was communication between 23 ------------ 2 4 he and National Friction, yes. 24 2 5 Q And we saw that today? 25 Page 134 Page 136 1 A Yes. 2 Q Do you know if Mr. Collins is still alive? 3 A I think so, but I don't know that for a fact. 4 Q Okay. We also talked about the gentleman, 5 Jim Latsko, who was in the, I guess, in the testing 6 department? 7 A He was a design engineer. 8 Q Design engineer. 9 A Principal engineer, I think, was his title. 10 Q Okay. Do you know if Mr. Latsko is still alive? 11 A I think so. 12 Q Okay. Do you know where he lives? 13 A I think he lives in Parma, Parma, Ohio. 14 Q Do you know if he's still employed by Eaton? 15 A He is not. 16 Q Retired? 17 A Retired, yeah. He and I are about the same age. 18 Q Do you think he might have more knowledge about 19 this topic about the temperatures that friction 2 0 material gets up to? 21 MR. LANG: I'll just object 22 to the form, foundation, calls for 2 3 speculation. 2 4 A I don't know if he has knowledge on it. He was 2 5 the tester engineer. 1 The State of Ohio, ) ) SS: CERTIFICATE 2 County of Cuyahoga. ) 3 4 I, Cheryl L. Baker, Notary Public within and for the State of Ohio, duly commissioned and qualified, do 5 hereby certify that the within-named ROBERT PETKASH, was by me first duly sworn to testify the truth, the 6 whole truth, and nothing but the truth in the cause aforesaid; that the testimony then given by hinVher 7 was by me reduced to stenotypy in the presence of said witness, afterwards transcribed on a computer, and 8 that the foregoing is a true and correct transcript of the testimony so given by him/her as aforesaid. 9 I do further certify that this deposition was taken at 10 the time and place in the foregoing caption specified and was completed without adjournment. 11 I do further certify that I am not a relative, 12 employee of, or attorney for any of the parties in the above-captioned action; I am not a relative or 13 employee of an attorney for any of the parties in the above-captioned action; I am not financially 14 interested in the action; I am not, nor is the court reporting firm with which I am affiliated, under a 15 contract as defined in Civil Rule 28(D); nor am I otherwise interested in the event of this action. 16 IN WITNESS WHEREOF I have hereunto set my hand and 17 affixed my seal of office at Cleveland, Ohio on this 15th day of August, 2011. 18 19 20 21 Cheryl L. Baker, Notary Public 22 in and for the State of Ohio. 2 3 My commission expires 10/10/15 25 34 (Pages 133 to 136) POHLMANUSA COURT REPORTING (877) 421-0099 A ala 54:22 ability 10:10 able 67 : 3 100:1 104 :18 105:2,8,14 115:23 117:12 128:14 abovecapti... 136:12,13 abrasion 8 4:8 absolutely 45:23 absorb 128:14 abstract 45:19 abstracts 45:13 access 128:19 accomplish 89:13 accumulation 58 : 16 accumulations 58:24 accurate 7 5:5 achieve 30:6 action 112:2 136:12,13 136:14,15 actual 2 9:10 42:10 45:11 91:16 101:15 actuator 2 0:4 added 33:6 adding 127:8 additional 46:9 94:5 additions 45:2 address 7 9:6 103:20 120:25 121:7,9 addressed 41:13 73:18 adj ournment 136:10 adminis trator 1:7 8:8 affiliated 136:14 affiliation 9:5 affiliations 8 : 18 affixed 136:17 aforesaid 136:6,8 afternoon 99:1 age 134:17 agents 3:21 ago 13:10 22:10 agree 27:4 36:7 41:11 46:11,19 47:8 49:9 50:5 52:17 53:4 54:16 55:10 59:6 59:22 60:2 66:15 69:25 75:18 84:23 87:22 90:7 90:16 91:21 94:11,14 104:24 105:16 107 :1 121:11 124:23 125:11,18 agreed 90:24 116:15 ahead 22:20 27:22,23 28:12 29:17 34:11 35:2 37:12,20 44:20 46:5 46:17 53:23 62:7 64:17 67:1,16 68:12 71:1 76:2 77:13 86:20 89:23 93:1 97:15 102:21,24 105:12 107:24 111:25 112:25 115:8,12 119:9,21 121:24 124:4,13 126:7 127:7 128 : 7 aia 3:22 121:12 123:1 124:25 127:24 aims 124:6 air 2:10 19:18 20:6 29:24 33:10 49:5,6,16 53:13 57:11 58:24 59:8 59:22 60:2 64:11 72:23 90:21 108:11 112:5,11,19 113:17,22 airborne 7 3:3 112 :1 airflex 2:18 2:19 3:10 10:4,14,19 18:14,16,24 19:7,17,21 20:9,14,19 21:2 22:12 22:16 23:2 23:7,14,15 25:10 26:7 26:13,13,18 26:19,25,25 27:7,11,20 28:4,9,23 29:25 30:9 30:24 31:15 31:17 32:5 32:12,18,20 Page 137 33:1,2,10 33:21 34:1 35:16 36:8 37:19,22,22 38:2,3,9,13 38:23 39:1 39:7,11 40:7,11 41:11,14,17 47:9 49:10 50:9 52:18 53:25 54:15 55:20 59:8 59:17 60:4 60:10 61:15 63:9,12,17 64:15,15 65:25 66:7 67:9 74:2 75:2,9,24 76:12 77:5 79:2 82:24 83:13,18,18 85:3 86:14 86:16 88:16 89:13 90:8 90:13 91:17 94:16 96:3 97:2 100:3 100:10 101:7 102:12,18 103:15,18 103:22,24 104:11 105:6,7,8 105:17 108:19,20 110:12 111:18 112:14 115:10 116:11,12 117:19 118:19 120:25 121:1 129:14,21 130:16 131:17 132:2 133:22 al 8 :12 albany 7 : 9 9:12 alive 134:2 134:10 135:2 alien 6:17 allowable 40:14 allsteel 25:24 alongside 86:18 aloud 4 5:14 45:25 altogether 130:19 alton 6:5 altoona 2 5:19 amended 2: 6 amount 31:22 32:4 73:3 74:17 89:18 amounts 12 6:2 angelides 6: 4 annual 2:23 34:24 35:4 68:9,15,20 answer 10:9 19:4,12 22:3 27:23 34:11 35:2 46:15 59:11 59:12 63:21 66:18 85:7 85:9 96:22 105:13 128:7 129:5 130:7,25 131:3 answered 102:21 answers 13:7 14 : 6 anybody 13:20 23:10 40:7 70:13 75:7 77:4 121:22 135:11 anyway 95:5 POHLMANUSA COURT REPORTING (877) 421-0099 Page 138 appear 33:6 51:21 52:21 88:1 93:15 120:12 122:12 appearances 6:1 7:1 appeared 126:21 appearing 6:16,23 7:12 appears 36:7 40:24 45:12 47:8 50:5 54:14 57:23 60:12 63:10 63:11,23 66:9,13,17 71:21 72:6 73:22 76:24 78:17 81:11 87:23 96:23 99:12 103:9 106:18,23 112:2 113:9 121:4 124:23 application 16:24 17:2 29:15 92:16 96:25 applications 29:4 83:20 83:22 84:2 85:13 114:6 applied 2 0:14 20:18 35:4 75:8 applies 8 5:3 appreciate 135:8 approaching 112 : 1 appropriate 17 :1 approve 69:18 april3:12,13 3:18 99:13 111:14 112:13 113:20 114:1,4,8 114:20 115:17 116:11 118:18 122:17,18 122:19 area 4 2:13,18 43:6 57:8 57 :11 areas 39:10 arent 84:12 93:4 argumentative 130:4,14,24 arising 35:10 article 45:12 47:16,17 76:8 129:2 129:8 articles 126:20 128:13,16 asbestos 3:22 3:25 10:23 14:18 28:8 28:23 29:6 29:23 30:7 31:7 32:16 32:23 33:18 34:8 35:7 35:11 36:14 36:16,17 37:5,8 39:3 41:10,23,25 42:24 46:8 46:10,12,20 48:9,13,15 48:17 49:11 49:18 52:4 54:1 55:4 56:3 59:1,9 59:25 64:14 66:10 67:8 72 : 11,17 73:3 74:3,7 74 :18,19,19 77:6,16 79:2'13,20 79:24 80:8 83:3,8 84:5 84:12 85:2 88:6,12 94:4,7,16 97:2,12 102:4 104:3 104:4 105:1 105:3,9,17 105:23 106:20,24 107:11 110:12 114:14 116:24 117:8 119:4 119:18 120:13 122:14,16 123:6 125:8 125:12,20 125:21,21 126:12,24 128:21 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100:22 109:13 115:20 116:4,14 119:1 aware 23:9,10 33:20 34:7 34:15,16 35:12 38:24 40:3 49:10 60:4,7 68:23 104:4 110:4 119:19 121:16 127:23 128 :19 129:8 B back 15:8,2 4 23:4 24:6 POHLMANUSA COURT REPORTING (877) 421-0099 Page 139 25:2 27:10 31:25 32:2 36:13 38:20 41:22 42:7 42:15 44:15 48:5 56:22 62:25 65:14 66:25 70:15 70:16 71:14 76:4 78:12 85:20 99:3 99:7 111:4 114 :1 115:24 117:3,4 120:6,16 131:2,11,14 background 15:19 bad 91:8 112:11 baker 1:21 136:4,21 baldwinwal... 15:24 baltz 73:17 75:12 76:14 82:14 84:20 84:24 85:15 86:2,5,11 ban 10 6:20,22 barger1: 4 8:5 25:14 87 : 4 barnerd 6:4 based 2 0:6 23:13 25:12 46:22 92:22 106:22 109:2 115:7 118:17 128:3 basic 2 0:1 basically 74:25 77:3 94:2 basing 132:8 basis 132:24 bates 54:7 93:4 99:9 103:7 106:5 began 10:2 18:12 27:25 33:6,22 beginning 44:16 78:13 111:5 behalf 6:2,8 6:14,21 7:3 7:8 8:20,23 9:1 10:3 12:1,19 127:24 believe 10:23 14:3 16:21 22:15 36:11 47:5 73:17 81:9 87:14 101:5,20 120:17 123:12 132:10 benefit 19:6 best 10:10 32:2 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companywide 10:21 comparable 91:11 compared 19:15 compensated 15:10 compensation 35:10 completed 88 :13 136:10 completely 51:5 component 104:9 105:9 components 57:5 104:8 104:13 105:19 compressed 19:18 33:10 49:5,6,16 53:13 57:11 58:24 59:7 59:22 60:2 64:11 72:23 112:5,11,19 113:17,22 computer 136:7 concentration 41:23 42:1 concentrat... 40:13 112:1 concern 7 3:5 79:1 concerns 7 9:6 concluded 135:20 concludes 44:11 78:7 111:1 135:14 condition 54:25 POHLMANUSA COURT REPORTING (877) 421-0099 Page 141 conditions 89:9,15,17 91:2,5,14 92:23 97:11 conduct 23:6 25:16,21 conducted 133:8 conducting 23:11 confirm 9:25 confirming 10:11 connection 128 : 3 consolidated 69:22 constrict 20:7 constricted 20:3 constricting 20:19,25 23:18 24:20 94:24 107:8 108:10,12 constricti... 58:2 95:16 consult 35:7 consulting 14:8,11 15:13 contact 129:19 contacted 66:18 contacts 19:19 contain 28:5 28:23 32:15 32:22 59:1 104 : 3 contained 32:21,24 33:18 59:9 60:13 108:24 112:22 contains 52:23 105:3 105:17 122:20 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111:9 111:19 112:11 114:8 115:5 122:14 123:14 129:14 131:19,23 132:3,21 136:8 corrected 54:25 correction 51:4,11 correctly 112 : 7 114:17 correspond. .. 2:12,21 3:4 3:6,12,13 3:16,18,20 85:21 couldnt 117:24 counsel 8:17 12:8 24:20 80:25 county 1: 3 8:14 136:2 couple 37:3 114 : 3 131:15 court 1:1,23 6:5 8:13 11:23 14:6 136:14 cover 10:25 11:1 covers 10:24 crane 6:21 crate 21:18 create 35:16 created 36:8 37:14 38:21 39:1 50:16 53:18 59:1 63:8 68:21 112:7 creating 112:1 crisis 99:17 99:20,25 101:1 cross 2: 3 crossexami... 9:19,23 cs 92:15 108:6,9,11 csct 90:17,18 ct 92:15 108:6,9,11 cubic 42:2 culture 129:17 currently 13:23 133:15 135:16 custodian 13:17 customer 16:24 27:11 66:2,10 67:23 75:13 75:16 77:9 77:15 82:19 85:15 100:2 102:10 103:14,18 103:24 109:1 112:3 114:15 115:2,15 116:11,25 117:9,14 118:19 customers 26:6 55:20 61:22 63:12 63:18,25 70:20 77:5 79:13 86:13 86:23 97:10 99:21 101:4 101:8,10,14 101:20 102:12,18 111:21 113:21 cuts 41:3 cutting 42:10 42:12 cuyahoga 136:2 cv 94:21 POHLMANUSA COURT REPORTING (877) 421-0099 Page 142 cycled 92:16 D dan 8:25 dana 6:15 9:7 dangerous 75:18 79:20 80:9 127:15 daniel 6: 9 darryl72:3 data 2:9 35:17 37:1 date 1:24 8:15 11:17 14:22 60:14 61:19,24 119:3 125:6 dated2 :12,2 0 2:21 3:3,4 3:6,7, 9,10 3:12,13,15 3:16,18,20 36:11 40:25 47:9 53:16 57:24 63:15 65:19 69:15 71:22 73:19 76:6 78:18 81:13 82:10 85:21 88:2 88:3 90:8 99:13 103:11 106:15 111:14 120:14 122:17 dates 7 0:15 dauch 2:10 41:5,5 dave122:1 day 1:24 136:17 days 67:21 82:12,16 84 :19,24 85:24 dba 107:4 108:1 114:5 116:4 dealing 126:11 deceased 1:9 8:9 december 120:14 decide 16:25 decision 60:9 87:5 106:24 107:10 defendant 1:13 6:8 defendants 6:14,21 7:8 defined 136:15 degree 15:22 15:25 degrees 30:15 30:19,22 74:15 81:4 83:9,19,23 88:13,14 91:21,24 95:6,25 96:5,9,15 96:17 97:4 131:19 132:3 133:1 deliver 117:20 dellner14:3 denver 7: 9 9:11 department 17:2 63:8 64:5 76:9 78 :19 101:11,13 111:11 112:9,21 113:10,12 113:16 117 : 3 122:13 134 : 6 depended 110:1 depending 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15:7 24:1 25:1 54:18 disease 125:22 126:1,24 distribution 26:23 distributors 3:19,21 26:14,19 27:1,8 division 10:5 10:14 103:22 129:14 130:16 document 12:16 13:1 38:23 40:9 43:20 45:1 45:11 47:12 50:14,15 51:19 52:21 52:22,24 53:15,18 54:14 57:23 58:9 63:4,7 66:23 69:1 69:9 97:4 106:6 109:21 110:5 113:24 120:17 122:3,10 125:3,6,7 126:6 127:19 128:12 132:1 documentation 46:22 133:2 133:3,6 documents 13:4 31:5 96:15 97:6 119:13 132:4 doesnt 2 4:17 51:21 80:16 103:21 105:16 POHLMANUSA COURT REPORTING (877) 421-0099 Page 143 113:18 115:19 116:16,21 118:9,16,16 doing 3 9:24 90:25 104 :13 dont14:22 15:1 17:15 22:22 23:5 27:13 32:19 34:12 35:5 37:25 39:9 39:17 41:19 43:24 59:13 59:13 61:5 61:9,19,24 62:1,1 63:10,23 70:4,8,12 70:15 74:23 76:3 81:15 83:13,18 86:8 87:10 88:9 92:14 92:14 96:13 97:6,6 101:5,22 102:8,11,23 103:25 104:14,16 104:22'23 105:23 112:22,23 113:24 117:18 118:10,14 119:7 121:15 124:11 131:3 133:2 133:3,16 134:3,24 135:9 donut 19:17 double 36:18 doubts 8 5:1 dp 114 : 5 draftsman 16:14 drag 56:25 drawing 61:18 61:19,21,23 61:25 62:2 drilling 39:25 drive 7:13 dropoff 102:17 drum 19:14,19 48:16 56:25 58:12 91:21 91:23 92:1 92:4 95:2,5 95:15,24 96:12,14 108:12 dry 4 9:6 due 8 4:7,8 duly 9:20 136:4,5 dust 39:19,20 40:1,8 43:5 43:8 48:16 51:13,14 56:23 57:3 58 :15,24 59:1,2 64:10 75:17 80:15 84:9 E earlier 32:11 33:21 37:15 38:23 42:20 74:10 80:3 81:2 82:23 90:24 97:9 100:6 123:11 131:15,16 131:21 132:13 early 17:20 18:20,21 28:14 32:2 33:23 34:6 35:21 67:18 67:21 100:5 100:14 110:2,3 123:7 eaton 2:10 3:15 6:8 7:3 8:24 9:1 10:3 12:1,4,19 13:19,24 14:8 15:14 16:2,5,18 16:20 17:8 17:17,21 18 :1,9,12 18:22 21:1 22:16 23:1 23:10 25:16 25:21 26:7 26:13,18,25 27:7,11 28:4,8,18 29:24 30:24 32:5 33:21 34:1,7,17 34:21,23 35:6,9,16 36:8 37:14 37:21,22,25 38:2,11,21 39:1,6,11 40:7,11 41:11,13,16 43:19,20 45:3,7,8 46:13,20 47:9 49:9 50:9,15 52:21,23 55:19 59:7 61:14 63:9 63:12,17,24 64:15 65:25 66:7,13 69:19 70:2 70:9,13 73:16 75:2 75:9,24 76:12 77:5 82:24 86:13 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COURT REPORTING (877) 421-0099 Page 144 16:23,24 17:3 61:18 61:21 66:8 133:15,17 133:19 entire 8 6:11 environment 59:3 epa 106:19 equipment 6:21 7:10 9:14 erieview 121:5 esq 6:3,9,16 6:22 7:4,12 established 32:11 68:16 establishes 46:9 estate 1: 8 8:8 estimate 14:23 104:19 estimated 80:3 et8 :11 etype 90:14 evaluate 8 9:1 evaluating 124 :12 event 136:15 everybody 79:11 86:1 everybodys 19:6 evidence 25:17,22 exactly 8 3:14 109:10 examination 1:19 2:1 examined 9:21 exams 34:24 exceed 85:13 exceeded 83:23,23 excerpts 2:7 executive 124:25 exhibit 2:4 3:1 12:13 24:3 36:1,3 36:6 40:20 40:24 43:15 43:25 44:21 47:1,5,7 49:24 50:3 50:15 52:8 52:11,15,25 54:10,13 57:19 60:18 62:14 63:4 65:3,7,18 68:3,6,8 69:4,11,21 70:16 71:5 71:18,21 73:12,21 74:24 76:5 76:5,17,17 77:25 78:17 78:22 79:16 80:22 81:11 82:13,21 85:20,21,25 87:14,17,22 87:25 88:3 90:2,6 93:3 93:9^15 97:17,21 99:8 103:3 103:9 106:8 106:13 110:21 111:9 113:4 113:9,13 114 :1 115:24 119:21,25 120:10 122:5,9,19 124:17,23 expand 2 0:7 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136:6 136:8 giving 14:14 75:16 101:8 glaze 55:1 glazed 54:2 5 go 2 2:19 23:4 23:22 27:22 27:23 28:12 29:17 32:1 34:11 35:2 37:12,20 41:22 42:7 42:15 44:5 44:20 45:10 46:5,17 47:24 48:21 51:20 53:9 POHLMANUSA COURT REPORTING (877) 421-0099 Page 146 53:23 56:19 57:8 58:19 62:7,20 64:17 65:8 67:1,16 68:12 71:1 71:8 76:2,4 76:25 77:13 78:4 84:3 85:20 86:20 89:23 92:16 93:1 97:15 97 :19 102:21,24 105:12 107:24 110:24 111:25 112:25 115:8,12,24 116:4 117:3 119:9,20 121:24 124:4,13 126:7 127:7 128:7 131:14 goals 124:6 goes 32:2 74:5,17 111:17 126:10 going 10:21 16:11 19:2 20:6 22:18 22:22 24:24 27:10 28:10 30:8 31:13 36:13 37:11 38:11,20 44:8,12 46:3 48:2 51:18 57:17 62:22 65:10 71:11 77:3 77:4 78:9 85:4 88:17 89:14,20 91:4 92:15 97:24 99:24 99:25 105:24 114:2 115:22 117:15,25 120:3 128:5 129:3 130:22 131:7 132:16 135:12,18 good 36:25 126:19,25 gordon13:3 government 94 : 5 grade 52:3 graduating 15:20 grease 51:14 55:8,11 great 38:15 85:16,23 grinding 42:17 72:13 grinds 112:3 group 103:10 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16:14,16 irritate 59:3 isnt 36:25 53:14 67:6 74:25 79:20 84:5,8 85:11 119:2 issue 19:1 44:24 45:11 95:4 102:4 131:14 issued 93:16 issues 66:4,4 issuing 48:8 items 51:14 ive13:25 22:21 24:13 31:12 35:24 69:7 83:20 132:4,4 J jack 2:10 41:5 james 3:15 j anuary 3:17 106:15 107:13,17 108:15 114:20 115:24 POHLMANUSA COURT REPORTING (877) 421-0099 Page 148 116:2,10,17 118:7 jim 3:17,21 7:18 93:20 134:5 j ob 16 : 2 4 66:2 jobs 16:10 j ohn 6:21 johnsmanvi11e 31:18 join 123:16 124:11 joined 124:1 124:7 joiner 12 3:18 joining 123:24 judicial 1:2 8:14 july3:10 11:11 53:16 june 3:15 57:25 103:11 104:23 125:5 K kafantaris 7 : 18 kathleen 7:12 9:9 keep 38:19 92:24 101:4 kept 50:21 53:3,7 key 125:25 kill 127:10 killing 127:9 kills 126:25 kind 19:11 21:22 30:24 33:5,17 34:23 41:3 90:20 91:8 104 :11,25 kinds 24:18 130:11 kiwala 2 : 3 6:3 8:19,20 10:15 11:7 11:12,13 12:10 15:4 23:22 24:8 24:23 25:5 33:2 35:22 38:6,14,16 40:16 43:12 43:18,23 44:4,19 46:23 47:24 49:21 52:6 54:6 57:15 62:6,11,17 63:2 64:17 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6,6,7,7,8 4:8,9,9,10 4:10,11,11 4:12,12,13 4:13,14,14 4:15,15,16 4:16,17,17 4:18,18,19 4:19,20,20 4:21,21,22 4:22,23,23 5:2,2,3,3,4 5 : 4,5,5, 6, 6 5: 7,7,8,8,9 5:9,10,10 5:11,11,12 5:12 7:4,6 8:22,22 9:24 11:5,9 19:2,9 22:18 27:21 28:10,24 29:16,21 30:1,17 31:11 32:25 34:9,25 37:10,17,23 38:10,15,18 43:21 44:1 44:5 46:3 46:14,21 49:13,19 52:1 53:22 59:10 60:16 60:24 61:1 63:20 64:2 66:20 67:15 76:1 77:12 77:21 82:6 85:4 86:19 87:1,7 92:12 96:19 100:11 101:16 102:6,19 105:4,10,21 106:2 107:23 108:2,17 110:15 115:6,11 118:22 121:13 123:2,8 124:2,8 125:1,23 126:3,13 127:3,11,25 128:11,22 129:25 130:5,12,22 134:21 135:11 language 94 :11 lasalle 6:24 late 17:13 18:20 26:22 27:2,8 28:14,16,22 33:4,7,8,13 33:23 88:17 100:5 110:2 110:2 late30s 28:3 latsko 93:20 134:5,10 law 13:18 leaving 16:10 left 15:22 74 :18,19 79:20 80:9 lefthand 5 6:5 58 : 10 letter 2:10 2:20 3:3,7 3:9,15 POHLMANUSA COURT REPORTING (877) 421-0099 Page 149 20:10,13,18 40:25 41:8 41:13 43:11 47:23 48:8 51:2 63:11 63:17 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materials 21:20 25:18 27:20 79:25 83:6 88:18 88:19 89:5 89:10,19 90:11,12 94 -.1,11 106:25 114:14,16 117:8,10,14 119:1 matt 9:6 matter 7 9:7 102:15 matthew 6:16 124:25 mccambridge 7 :13 mccloskey 3:17 mccrystal 6:10 mcmullen 3:15 mean 30:19 107:13,17 108:14 114:19 115:19 116:16 119:8 meaning 38:2 101:24 meant 30:18 99:19 measurable 73:2 measures 46:10 mechanical 15:22 medical 34:24 126:11 meeting 2:24 69:12,18 member 34:14 34:19 45:4 119:17 120:19 121:12,17 123:12,19 127:20 128:18 129:3 members 3:23 120:14 membership 34:17 45:3 memberships 121:20 memo 4 7:9,15 47:20 65:18 73:16 76:5 76:25 77:14 77:17 78:18 78:21 79:1 80:13 86:1 86:6,17 97:8 106:15 106:19 113:20 114:1 115:25 118:17 memos 8 6:10 111:16 mention 103:22 mentioned 26:5 42:20 74:10 99:21 mentioning 104 :1 mentions 72:16 79:1 88:5 107:3 126:8 merged 18:1 28:4 merger 18:4,9 34:14 69:18 69:24 70:3 merle 1:4 8:5 25:14 message 101:8 101:20 metal 19:19 51:17 method 112:20 113:23 methods 112:4 michael1:5 8:6 mid 2 6:22 27:8 33:4,8 33:13 ' mid70s18:21 mid80s 34:6 104:21 middle 27:1 midlevel 129:15 military 50:10 mill 29:18 84:1 103:14 miller 6:23 minerals 83:3 83:8 84:6 88:7,12 minute 92:17 missing 81:18 misstates 66:22 mistake 64:23 mmorris6:19 mo 7 : 5 models 23:15 59:17 moment 65:6 month 13:10 115:22 months 114:13 115:23 116:18 117:2,7 118 : 4 morris 6:16 9:6,6 move 2 8:19 56:25 106:3 113:25 126:15 msds 35:16 36:8 37:14 38:21 39:1 multipage 54:13 57:23 murphy 2: 8 22:4 23:21 24:14 25:8 34:2 murphys 23:13 24:10 25:7 N nafco 66:17 67:2,6 117:24 118:2 name 11:14,16 14:25 18:10 18 :12,15,20 45:7 93:20 102:14 119:12 naphtha 55:13 55:17,20,24 national 31:19,24 32:6 67:6 67:13 68:16 69:24 70:2 70:7,11 72:2 73:23 80:11 82:8 89:2 133:24 necessarily 60:17 105:2 115:19 116:15 119:2 133:10 need 4 3:24 62:20 68:7 99:16 105:24 needs 53:3 56:11 negative 126:20 negatives 127 :1 negativity 127 : 8 neighborhood 74:15 96:4 97 : 3 neither 8 6:9 86:10 never 2 9:6 38:24 112:14 new 4 5:2 49:2 POHLMANUSA COURT REPORTING (877) 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78:21,25 79:5,11,23 80:3,17 81:7,8,9,24 82:3,12,21 83:6,12,17 84 : 3,11,23 85:24 86:4 87:20,21 88:2,9,16 88:23 89:3 89:8,12,17 89:22 90:10 91:19 92:2 92:7 93:12 93:13 94:10 94:14,24 95:14,19,22 96:7,11,24 97:8 99:7 99:15 100:8 100:16,20 101:10,13 103:20 104 :1 106:11 107:3 108:9 108:14 109:21 111:7,8,16 111:23 112:9 113:7 113:12,15 113:19,25 114:12,19 115:1,21 116:7,10 117:3,5,12 117:18 118:7,12,17 119:3,15,20 120:9,16,21 120:23 121:7 122:8 123:15,21 124:22 125:7,10,18 126:17 127:19,22 131:25 132:7,13,17 132:22 133:12,20 134:4,10,12 135:4,12 oldl3:5,16 POHLMANUSA COURT REPORTING (877) 421-0099 Page 152 26:1 olin103:10 once 37:10 109:19 119:16 135:12 onepage 3: 9 ones 19:23 20:25 21:8 21:9 29:2 31:20 33:12 64:25 88:2 ongoing 37:24 operate 92:23 operating 20:1 43:8 59:3 95:15 97 : 10 operation 2:17,19 21:10 32:12 42:10 54:15 57:3 66:14 92:19 132:15,20 133:11 opinion 4 5:19 46:2,7 opportunity 71:17 106:12 opposed 19:19 option 109:1 order 35:24 35:25 93:5 118:3 orders 102:3 102:4 114:3 114 :15 117:9,13,13 organization 34:20 119:7 119:12 123:21,25 124:1,6 130:11 organizations 34:14,16 123:12,16 123:17 124:12 original 2 9:5 48:15 60:13 originally 22 :10 originator 18:24 osha 7 0:23 77 :10 outside 42:13 overall 18:13 92:5 100:15 overlap 109:5 114:24 overnight 115:14 116:22 ownership 67 : 19 owns 69:24 P package 21:5 21:6 packaged 21:15 page 3:24 24:11,14 25:6 36:10 36:13,21,24 38:12 41:2 41:4,9,22 41:22 42:8 42:15 43:24 45:1,10,11 45:14 47:8 47:15,17 50:19,25 53:16 54:20 54:20 58:9 64:7 68:8 68:11 69:21 72:20 73:1 76:8 78:25 79:16,17 81:14,15 82:3 91:19 93:25 95:3 95:7,10,12 106:23 110:8 116:1 120:12,16 120:17,18 122:19,21 124:20 126:15,16 pages 8 9:24 94:12 95:22 pallet 21:9 pallets 116:17 paper 22:13 22:17 23:8 27:10 29:18 63:18 84:1 85:17,23 103:10,13 103:14,23 papermaking 29:14 63:12 64:1 103:17 papers 12 6:11 paragraph 42:7,8,16 45:21 46:1 48:12,23 49:4 50:19 52:3 54:21 56:12 58:11 58:15 68:11 70:18 72:15 72:19 73:2 74:1,5 79:17,24 83:2 84:3,4 88 :11 106:19,23 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petticord 6: 9 6:12 8:25 9:1 15:2 62:4 121:10 128:10 130:4,20 131:5 phased 28:13 109:2 phaseout 28 :15,17 Philadelphia 50:12 phone 9:4 135:12 POHLMANUSA COURT REPORTING (877) 421-0099 Page 153 physical 35:4 pieces 51:17 pipeline 116:23 pitzer 7 : 4 8:23 place 26:21 27:17 28:17 43:9 83:15 84:5 136:10 plaintiff 1:10 plaintiffs 1:19 2:5 3:2 6:2 8:21 9:18 12:6,13 24:3 36:3 40:20 43:15 47:1 49:24 52:11 54:10 57:19 62:14 65:3 68:3 69:4 71:5 73:12 77:25 80:22 87:17 90:2 93:9 97:21 103:3 106:8 110:21 113:4 119:25 122:5 124:17 plan 117:23 planned 117:22 plant 3 9:8 40:8 41:11 121:1 plate 4 9:1 plates 19:19 20:7 platetype 19:16 player 72:4 plaza 121:5 please 8:17 11:14 27:6 45:1,25 64:25 point 11:4 16:21 26:18 64:8,9 66:13 70:1 83:22 84:18 84:23 95:22 100:16 102:5,13 104:9,15 108:14,19 points 93:16 131:15 poirier 120:21 121:4 portion 18:14 24:9,19 position 16:21 41:16 65:25 66:6 76:22 93:22 positions 16:19 possess 23:1 possibility 94 : 5 possible 86:16,21,22 87:2,2 92:25 117:17 130:6 potential 37:19 72:11 88:20 90:11 94:3 power 19:20 practice 104:19 precautions 87:6 105:18 105:25 predominate 31:21 preface 94:1 94 :12 preparation 12:22 13:14 13:15,17,20 22:8,11 31:5 35:14 61:11,14 preparing 121:18 presence 136:7 present 7:17 22:13,16 48:17 104:5 presentation 3:25 124:24 125:4 presenter 125:18 126:23 preserved 48 :18 press 25:24 126:21 127 :1 presses 25:23 26:2 29:20 pressure 48:25 pretty 30:16 129:9 preventative 46:9 previous 48:13 principal 93:23 134:9 principle 20:2,3 print 36:25 prior 2 6:23 27:1,8 28:22 40:2 60:5 61:4,8 101:12 107:13,17 112:13 113:19 114:12 115:17 118:25 probably 47:14 71:9 83:23 118:14 procedure 1:20 9:20 95:23 procedures 48:19,22 proceed 24:7 25:4 44:18 78:14 99:5 proceedings 8 :1 process 116:19 produce 4 8:18 produced 10:2 10:12 13:9 22:10 61:20 product 90:20 91:3,3,17 92:14,22 104:5 105:1 105:2,6,7,8 105:17,20 109:19 110:1 114:5 114:23 115:4,16 117:2 118:20,21 production 43:20 62:5 109:14 products 10:18,19 18:10,17 26:14 28:18 28:20 29:7 29:9 31:17 31:19 38:5 38:8,9,23 68:17 72:2 75:9 79:3 85:3 90:13 90:14 100:8 100:10,17 100:19,21 102:18 103:18,24 104:2,12 106:20 107:1,4,11 107:14,15 107:18,21 108:1,7,15 108:20 110:12 114:9,22 116:5 program 39:6 progression 100:13,15 pronounced 72 : 1 properly 92:17 proposed 106:22 proposing 106:19 provide 14:8 15:18 34:23 51:19 67:3 79:12 92:18 provided 35:3 75:4 89:1 providing 77 :1 pspclaw 7:6 public 1:21 136:4,21 publication 60:13,23 publications 119:10 published 44:25 60:12 119:11,13 pump 7:9 9:11 purchasing 104:2 purports 41:9 purpose 30:7 77:8 79:5 89:3,4 94:1 94:10,15 purposes 30:17 54:18 put 59:7 60:9 60:19 61:15 72:16 86:9 86:17 104:7 104:11 putting 91:10 104:23 POHLMANUSA COURT REPORTING (877) 421-0099 Page 154 Q qualified 136: 4 qualify 94:21 quantify 100:13 102:22 quantities 116:21 127:16 question 19:12 31:17 38-20 46:4 46:18 66:18 82:6 84:14 84:15 91:8 118:24 124 : 3 125:12 130:7 131:1 131: 3 questioning 130:18 questions 10:8,17,20 38:4,7 43:22 44:2 77:5,15 82:22 130:17 135:9 quick 6:10 quickly 11816 quite 135:6 R rag 55:13 range 30:5 ranks 12 9:13 rapidly 92:21 rate 15:13 41:8 57:7 67:2 85:24 raybestos 31:10,18 reaching 99:17 read 22:4,12 23:13 24:16 24:22 45:14 45:18,21,25 46:5 47:22 48:13 59:4 68 :12,12 94:3,7 111:25 112:7,17 114:2,17 117 : 6 128:14 131:2 135:13 reading 24:16 45:24 48:4 62:19 68:14 69:10 81:8 87:20 90:5 111:7 113:7 122:8 124:22 ready 116:4 really 13:6 35:5 54:19 63:10 68:7 85:3 89:3 92:7 130:7 reason 22:15 46:9 70:23 91:9 125:20 125:20 recall 14:22 14:25 18:4 18:19 31:7 35:20 39:17 40:6 42:20 101:19 102:12,15 119:10 131:25 receipt 47:13 received 47:21 76:9 80:10,14 86:14 114:4 115:13 recess 44:14 62:24 65:13 71:13 78:10 98:2 111:3 120:5 131:10 recollection 27:14 32:3 41:19 recommended 48:22 record 8 : 3 10:12,16 11:15 15:3 15:6,7,9 23:23,25 24:1,7,23 24:25 25:1 25:3 26:9 44 : 9,13,16 47:25 48:3 48:6 62:20 62:23 63:1 65:9,11,15 71:9,12,15 78:5,9,12 97:19,25 99:4 110:6 110:25 111:5 120:4 120:7 131:8 131:12 135:18 records 23:1 23:4,7 25:16,21 26:11,12 27 :15 reduce 56:24 reduced 136:7 reference 37:25 83:7 88:5 122:2 referred 113:13 refers 112:21 regard 10:5 10:14,17 11:4 60:20 regarding 35:7 122:13 regardless 117:22 regular 50:22 regularly 63:24 regulation 122:14 regulations 70:24 77:11 94 : 6 relationship 67 : 13,22 relative 136:11,12 release 55:4 77:6 79:14 90:21 108:11 released 66:10 remember 101:22 remote 12 9:9 removal 4 8:25 remove 55:1 removing 18:21 repair 66:4 replace 51:11 51:22 116:16 replaced 107:12 replacement 21:1,14,20 25:17 28:19 35:17 89:5 89:14 90:25 91:10 94:16 108 : 6 115:13 116:3 replacements 88:20 101:25 106:25 replacing 49:12 report 2:23 68:9,15,20 90:8,10 91:19 reported 92 :10 reporter 14:7 reporting 136:14 represent 44:23 represents... 12:4 14:1 129:7 represented 12:8 representing 128:20 request 3:10 116:12 118:19 requested 94:2 requests 66:23 93:16 93:19 96:23 requirements 100:2 research 7 5:3 residue 101:5 112: 6 respect 10:21 12:19 37:21 61:15 respirators 39:15 48:24 respiratory 39:6 59:4 respond 12 8:9 response 72:7 87:23 restate 27:6 restatement 112:23 restrict 38:8 result 102:3 results 31:2 31:4 41:10 42:17 retained 18:14 retired 13:2 4 134:16,17 retract 56:10 56:14 review 12:22 13:4,7,10 44:3 48:1,7 52:14 54:19 POHLMANUSA COURT REPORTING (877) 421-0099 Page 155 62:21 65:7 65:17 71:10 71: 18 106:13 111:8 113:8 122:10 reviewed 12:25 13:16 25:13 reviewing 80:25 96:21 reviews 65:9 revised 33:12 revision 60:14 rhetorical 125:11 richard 120:21 right 11:12 18:2 22:2 32:13 33:1 33:24 35:25 36:22 42:5 42:10,13,18 44:10 51:25 52:5 53:1,8 53:16,21 55:15,17,21 56:1,11 58:4,17 59:4 64:3 64:15 65:22 66:11,19 67:4,10 68:9,18,22 69:19,21 70:20,24 72:8,12,17 72:24 73:6 73:20,24 74:3,12,15 74:21 75:13 75:21,22,25 76:6,10 77:1,6,11 78:19 79:3 79:6, 14 80:11 81:13 82:4,11,13 82:19,24 83:4,15 84:9,18,21 84:22 86:2 86:7 88:21 89:6,10,15 90:13,19 91:24 94:8 96:9,15,18 97:13 99:13 99:17 100:6 104:5,9 105:25 106:1,16,20 107:4,6,10 110:3,13 111:12,18 113:13,14 114:23 115:18 116:8,14 117:11,25 122:17 123:13,21 124:21 125:13,22 126:1,12 127:2'17 129:11 132:16,20 133:18,22 righthand 55:7 56:9 58:20 risks 12 6:12 rkiwala 6: 6 road 121:2 robert1:8,15 1:18 2:2 8:4,9 9:17 11:16 76:19 76:21 135:22 136:5 room 62:10 rosenow 3:8,9 65:21,25 66:17 67:2 70:17 73:16 75:11 76:13 81:12 82:5 82:7,14,22 83:12,17 84 : 4,19,24 84:25 96:7 101:12 131:21 135:1 rosenows 87:24 rousselle 7 : 8 9:10 royster 6:17 rpr 1:21 rubber 2 0:3,6 29:10 56:23 rubberfacing 29:13 rule 136:15 rules 1:19 9:19 run 96:8 running 62:9 rusell26:5 ruzel25:24 ryan 6:3 8:19 S safely 32:23 safety 2: 9 35:17 sale 23:1,7 26:10 sales 3:19,21 16:20 17:2 17:5,9 23:4 23:6 25:16 25:17,21,22 26:8,13,16 26:16,24 27:14 63:8 64:3,5 76:9 78:19 79:8 79:12 80:13 86:1,11,17 97:8,9 99:24 101:7 101:11,13 111:11 112:9,15,21 113:9,12,15 113:21 117 : 3 salespeople 111:17 sample 4 2:9,9 42:16 samples 4 0:8 41:24,25 42:1 89:1 sampling 41:10 san 14:24 sand 5 6:5 sanding 4 2:10 42:12 55:1 55:3 sands 112:3 satisfy 100:2 saw 4 0:9 43:7 47:14 52:25 61:17 73:19 96:6,7 97:8 119:14 131:21 132:19 133:25 saying 31:25 60:18 72:3 84:4 112:10 113:16 126:23 127:8,14 says 22:21 24:21 36:16 37:5,13 42:9,12 48:8,13,24 50:20 51:2 51:5,8,10 51:21 52:3 53:3 54:24 55:3,7,11 55:16 56:10 58:23 67:4 67:5 68:15 70:1,18 72:21 73:2 74:1 79:24 83:12 84:11 88:11 91:20 94:1,10,18 95:6 96:8 99:16 101:6 107:10 110:9 114:3 114:11,13 115:9,15 116:15 117:6 121:15 122:21 125:3,4,19 126:9,19 128:12 132:1 school 15:21 15:24 scope 30:2 31:14,16 35:1 37:18 46:16 53:23 63:21 123:9 124 : 9 127:13 130:3,24 scrapped 109:16,17 109:18 scully13:3 seal 136:17 sealing 6:21 search 23:6 23:11 25:16 25:21 26:3 second 15:3 36:10,24 41:4,22 42:15 44:6 45:1 53:15 64:23 68:13 69:21 72:20 74:1 79:16 79:17,17 81:15 82:3 83:1 88:11 95:7 110:8 111:24 116:1 122:19 secretary 124:25 section 36:15 36:22,24,25 37:3 50:18 POHLMANUSA COURT REPORTING (877) 421-0099 Page 156 54:20 56:13 64:9 91:20 91:23 94:1 94 :19 sections 94 : 12 see 11: 8 23:7 24:19 25:7 25:9 30:25 31:4 36:19 36:22 37:16 39:14 47:23 48 : 10,19 49:2,7 50:23 51:1 51:5 54:22 54:24 55:9 58:13 75:8 83:9 95:22 96:14 101:15 104 : 5 113:15 120:17 122:23 125:17 133:17 seeing 42:20 102:17 119:10 seen 12:16 22:21,22 31:2 38:24 44:21 47:12 47:18,22 63:4 83:20 95:16 97:1 127:19 128:4 132:4 132:9 segal7:13 sell 21:1 26:13,18,25 27:7 50:9 99:24 100:1 109:19 send 21:24 63:24 sending 63:18 77 : 16 sense 103:18 104:18 129:16 sent 21:11 83:7 112:14 sentence 48:23 49:4 52:4 72:21 79:23 99:15 110:9 111:24 112:17 114:12 115:9 116:1 125:25 sentences 45:18 46:1 114:3 116:2 separate 59:16 67:20 September 2:13,22 44:23 47:9 49:9 65:19 73:19 76:6 118 : 1 sequential 93:4 series 45:12 93:15 serve 10 9:23 service 66:1 66:1,4 105:1,6,7 132:10,23 services 15:14 41:6 servicing 48:19 session 99:1 set 1:24 62:12 66:22 90:21 108:11 136:16 sets 59:16 87 : 5 seven 41:25 seventh 42:4 severe 83:22 85:13 shared 111:21 shareholder 69:17 shareholders 2:24 69:12 69:18 sheet 2 : 9 sheets 35:17 shipped 21:5 21:8,12,21 114 : 6 shoe 56:22,23 56:25 57:11 58 : 17 shoes 51:10 56:10,13 58:12,25 short 18:11 18:17 47:16 show 26:11 45:12 97:5 97:7 119:16 showalter 3:19 showed 4 2:23 48:14 showing 36:17 49:10 61:18 127 :19 shown 4 7:13 shows 41:25 42:4 58:4 133:2 side 17:5 56:5 121:2 signature 41:4 81:14 135:19 significant 48:18 49:11 49:17 72:24 112:2 silicate 4 6:7 similar 52:25 61:4 70:19 70:20 94:11 95:18,20 similarly 21:16 simmons 6:4 8:20 simmonsfirm 6:6 simply 12 9:20 simulate 91:15 simulated 89:18 simulating 91:2 singer 7:13 singled 125:12,21 sir 13:23 59:6 119:4 123:11 129:10 six 13:10 41:24 size 21:7 92:17 109:3 109:8,20 sizes 54:3 116:20 skip 64:22 small 4 8:15 67:19 smaller 21:8 smsm 7:15 snodgrass 7:4 8:23 soaks 92:5 sold 2 6:1 64 :15 somebody 127:23 128:20 sorry 8:13 29:24 31:16 37:21 38:20 40:9 49:6 52:8 56:12 61:12 62:17 70:19 76:20 77:22 91:5 91:8 107:15 107:18 110:16 119:21 128:16 sort 21:5 29:20 39:15 39:19 40:1 40:6 43:1 51:14 64:5 64 : 7 sorts 2 9:19 sounds 103:13 source 8 6:8 south 6:24 7:5,13 span 32 : 7 speaking 13:19 speaks 126:6 special 1: 6 2:24 8:8 69:12 specific 13:12 38:4 90:15 101:22 102:14 104:16 110:1 131:25 specifically 10:4,13 13:14 25:23 30:10 49:16 52:18 74:23 75:8 86:10 103:22,24 103:25 107:3 109:23 115:3,16 118:19 124:5 specified 136:10 speculation 85:6 87:9 105:5 124:11 129:5 130:2 130:25 134:23 spent 17:8 spring 90:21 108:11 squeezes 19:18 squeezing POHLMANUSA COURT REPORTING (877) 421-0099 Page 157 19:19 ss13 6:1 st 7: 5 stack 12:11 35:23 40:17 43:13 46:24 52:7 57:16 62:8 64:18 64:24 67:25 68:25 71:2 73:9 77:20 80:19 87:13 93:2 102:25 106:5 110:19 113:1 119:22 122:1 124 :15 staff 113:21 stage 99:17 99:20 stamped 7 6:9 stand 78:11 standard 40:14 standards 40:14 Stanley 25:18 start 9:25 16:16 28:18 102 : 3 started 16:5 16:17 17:19 18:21 26:22 28:2 40:4 104:20,23 starting 45:19 46:1 89:25 starts 88:12 125:16 state 1:22 8:17 10:16 11:14 126:5 136:1,4,22 statement 27:5 58:20 58:23 60:2 69:22 72:22 72:22,25 77 : 14 122:22 127:17,23 128:17,20 128:24 132:9,24 statements 129:23,24 130:11 states 103:21 stay 104:8 stenotypy 136:7 step 14:6 steve 41:14 stock 69:24 70:2 stop 130:14 strapped 21:9 street 6:5,10 6:24 7:5 strike 81:19 83:25 88:23 107:15 structure 10:9 studies 48:13 stuff 117:20 style 19:14 19:14 61:7 61:7 108:22 108:23 109:8,23 116:12 styles 10 9:11 subject 66:25 96:20 subjected 89:10 subjecting 95:23 subjects12:5 submission 122:13 123:1 subparagraph 56:9,14 69:23 subsequent 94 :12 substantial 125:25 126:2 127:15 substitute 106:24 substituted 18:22 suburb 121:3 successful 110:11 suggest 123:5 suggested 45:20 46:2 46:7 84:13 suggests 42:17 suitable 8 9:5 90:13 92:21 suite 6:11,17 6:24 7:5,13 summary 15:18 supplied 31:22 32:6 supplier 67:8 67 :14 117:24 suppliers 31:7 supply 55:19 99:22 115:23 supplying 109:5 supposed 51:9 51:16 79:12 111:20 132:17 sure 15:4 31:12 46:19 66:14 89:5 89:14 91:10 99:9 117:18 119:12 135:7 surface 19:22 19:25 29:11 48:9 51:3 55:8,12 74:6 92:1 surfaces 30:11,25 97 :11 suspect 37:5 37:8 39:3 swear 9:16 sweeping 19:12 112:4 swetonic 124:25 125:19 128:17 129:24 sworn 9:20 136:5 sydor 3 : 3,8,9 71:21,24,25 71:25 72:3 72:3 73:23 74:25 75:4 75:13,20 80:11 81:12 82:8,19,22 82:23 83:7 84 :12,21 85:25 86:7 86:18 87:23 88 :11 sydors 7 2:7 system 39:19 40:1 59:4 T tabs 87:15 tabulation 26:1 tag 33:17 104:7,12,24 take 2 : 6 24:11 28:17 36:6 40:8 40:23 41:19 44:20 45:13 47:7,17 51:18 54:19 54:21 55:6 64:7 65:6 71:20 76:4 76:16 78:3 81:11 87:21 97:18 103:8 105:24 111:23 118:2,5,16 120:9 124:14 131:6 132:24 taken 1:20 26:21 41:24 42:9 44:14 62:24 65:13 71:13 78:10 98:2 111:3 118:8 120:5 131:10 136:9 takes 8 6:23 116:22 talk 14:5 88:10 talked 10:1 13:20 74:23 81:1 131:15 134 : 4 talking 32:25 38:7,13 47:23 56:21 72:10 83:2 84:1 114:24 128:23 tape 4 4:10,11 44:17 78:5 78:8,13 111:1,6 tapes 110:25 target 125:12 tedious 135:7 telephonic... 6:16,23 7:12 tell 12:25 20:13 23:14 64:25 82:19 95:3 97:10 105:2,8,15 132:9 133:12 telling 36:22 55:23 101:4 temperature 83:14 85:14 89:19 91:4 91:21,23 POHLMANUSA COURT REPORTING (877) 421-0099 Page 158 92:1,1,6,19 92:24 95:4 95:5,8,24 96:12,13 132:6 temperatures 74:6,11 79:18 81:1 81:4 83:4 91:15 95:2 95:15 96:14 134:19 tension 2 9:4 terms 31:21 32:4 74:20 104:19 109:9 test 3:10 90:8 91:19 93:16,19 94:2 96:23 tested 95:5 tester 134:25 testified 9:21 100:6 131:16 testify 12:5 12:19 136:5 testifying 11:19,22,25 15:11 testimony 14:15 31:15 37:20 96:2 136:6,8 testing 30:24 31:2,4 40:7 40:10 41:20 42:21 43:7 43:8 75:3,7 88:20 89:4 89:17 90:10 92:9,22 94:20 96:14 110:10 133:9,10 134 : 5 tests 90:25 94:15 95:21 thank 110:17 135:10 thanks 38:19 thats14:4,16 16:9 19:11 20:1,25 23:19 26:17 27:9 28:7 33:25 37:13 43:23 47:11 51:9,15,16 56:7 58:4,8 67:3,5 68:23 70:21 73:7 74:18 80:9 81:6 81:18,18 82:11,12,16 84:11,17 92:6 94:2 94:18 95:23 96:16 99:14 108:18 110:10 111:14,20 113:13 114:11 115:9 120:24 121:8,15 122:16 123:14 124:10 125:3,6 126:9 127:14 130:5 131:20 132:7,20 theres 2 6:9 36:18 51:4 53:12 56:3 57:7,10 58:20 60:1 60:14 66:9 66:14 75:15 79:13 81:14 83:21 91:25 96:11 105:23 109:21,22 110:4,6 116:3,19,20 118:13,13 118:14 128:2 130:6 theriault1:5 1:8 8:7,9 22:5 24:10 87:3 theyre 21:17 47:23 55:23 92:5 94:20 104:2,7 105:24 108 : 5 116:20 117:12,12 117:13,15 theyve102:10 thing 37:24 60:15,21 61:17 64:5 66:5 117:21 things 13:5 37:5 43:5 51:17 think 17:19 20:24 22:3 32:11,19 33:21 43:11 50:12 51:9 67:18 71:25 74:23 80:3 85:10 90:24 93:23 119:8 119:11 121:8 131:3 132:13 134:3,9,11 134:13,18 thinking 66:25 85:8 127 : 6 thinks 66:17 third 1:2 8 : 12,13 64:7 73:1 81:19 95:10 thought 80:7 85:18 thousand 30:19 74:15 81:4 88:14 96:5 97:3 131:19 132:2,25 threatening 101:2 three 5 9:16 threepage 3:3 till 104:9 118 :1 time 8:16 9:16 13:25 15:9,11 16:3,8,22 17:8 18:7 18:11,17 25:3 26:17 28:14,20 32:7,16,20 35:3 39:24 41:17 44:12 44:17 47:14 48:6 53:18 54:2 59:6 60:12,15 61:16 65:11 65:15,24 66:7,8 67:10 68:20 69:23 71:15 73:16 75:25 76:13 78:8 78:14 92:4 93:22 94:17 96:17 97:25 99:4 102:13 104:14,16 104:22 106:18 108 :15,23 109:6 111:1 111:6,8 115:20 116:22,23 117 :19 118:1 120:7 127:22 128:18 129:11,16 131:8,12 133:19,20 135:6,10,15 136:10 times 63:1 92:17 timing 7 6:3 title 4 5:15 93:23 125:7 134 : 9 titled 58:12 111:11 tivin 6:22,23 today 10:17 11:23,25 12:8,23 13:14,21 15:11 22:11 29:5 31:5 35:14 54:18 59:16 61:14 64:23 118:10 121:18 131:15 133:25 todays 8:15 61:11 told 8 4:20 86:23 tomorrow 118:10 top 3 6:24 41:9,22 55:7 58:19 76:17 122:20 126:16 topic 11:1 133:14 134:19 topics 12:20 torque 19:20 total 32:4 135:17 toxicity 37:4 trade 34:14 34:16,19 119:16 122:21 123:12,16 trademark 18 : 13 transcribed POHLMANUSA COURT REPORTING (877) 421-0099 Page 159 136:7 transcript 24 : 12 124:24 125:11 126:16 136:8 transcript... 25:13 transforma... 88:6 transition 54:2 118:11 transmitting 19:20 true 107:21 107:25 118:18 136:8 trukalo 41:14 trukalos 41:16 truth 136:5,6 136:6 try 14:5,5 92:18,24 130:25 trying 30:6 85:10 89:13 tube 2 0:4,6 56:23 turn 41:3 45:1 47:15 47:16 53:15 58:9 68:7 76:8 79:16 120:16 twice 135: 12 two 10:5,13 15:21,22 45:18,25 115:23 116:1 126:8 twopage 2:10 3:7 69:1 106:6 122:3 type 2 0:16,16 20:17,20 23:17,17,18 24 : 15,17 25:12 34:2 34:4,5 51:23 53:25 54:1 57:24 58:5 66:5 94:25 95:18 95:20 112:14,16 121:19 133:5,8 types 19:8 20:9 25:10 63:24 118:15 123:17 typically 21:23 U uhhuh 50:4 59:19 82:15 110:14 unable 16:1 131:25 underneath 48:12 64:8 undersigned 1:20 understand 10:6 11:19 11:22,25 12:3,18 16:19 60:17 96:11 understanding 131:16 unfortunately 41:2 88:9 unique 19:15 unit 19:15,17 92:18 108:12,13 112:7 units 19:16 109:3 university 15:20 16:11 updated 33:5 use 18:9 2 6:2 29:6 30:12 38:22 46:10 50:7 54:1 55:12 58:23 59:7,22 60:1 64:11 79:2 90:13 91:6,16 94:6,21 104 : 9 109:19 113:17 114 : 5 user 56:4 58:15 users 55:23 usually 118:2 utilize 17:1 utilized 18:14 29:12 utilizing 101:11 V vacuumed 58 :16 vacuuming 112:5 vandalia 6:17 varied 30:3 varies 79:25 variety 116:20 various 16:19 20:9 23:15 26:2,2 59:17 63:25 93:16 125:13 vary 109:9 vc 2:16 20:22 23:17,18 29:12 52:18 53:19 94:21 95:18 107:3 107:8,25 114:4 116:4 vendor 67:23 vented 42:13 42:18 ventilated 43:1 ventilation 39:19 43:2 verify 133:4 version 108:21,22 109:13,13 109:25 114:22 115:3,4 117:15 verson 25:24 26:5,10 versus 8:10 vessel 50:7 vi 3 6 : 2 2,2 4 videographer 7:18 8:2 9:15 15:5,8 23:24 24:6 24:24 25:2 44:8,15 48:2,5 62 : 22,25 65:10,14 71:11,14 78:4,7,11 82:1 97:24 99:3 110:24 111:4 120:3 120:6 131:7 131:11 135:14 videotape 8:3 11:20 videotaped 1:18 2:6 videotapes 135:17 view 8 6:23 virtually 26:8,12 visual 132:23 voelker 6:17 volcano 30:23 volume 10 9:3 109:3 volunteer 123:21 vs 1:11 W wacker 7:13 wait 82:6 117:1,16 127:25 waived 135:19 walking 39:12 39:14 want 9:25 38:1 40:23 44:2,5 46:5 46:18 47:22 54:19 65:6 71:10 91:1 91:14 115:21 120:9 123:25 124 : 5 130:10 131:14 wanted 8 9:13 91:9 115:20 132:7 wants 83:14 warm 30:16 83:24 warning 32:16 33:9 48:9 53:12 56:3 59:7 61:5,8 61:18 64:11 72 :16 warnings 33:5 61:14 wasnt17:3 64:6 89:14 120:25 121:16 127:14 132:16,17 133:10 watercooled 29:3,8 way 38:18 71:25 72:1 86:9 87:3 128:2 130:6 wear 4 8:14 57:3 75:17 80:15 84:9 92:20 wearing 39:14 wears 59:2 POHLMANUSA COURT REPORTING (877) 421-0099 Page 160 100:1 weeks 13:10 22:10 weight 7 4:3 80:1 went 15:23 82:13,18 86:1,5,11 97 : 9 west 6:10,17 121:2 weve 22:22 59:16 95:16 127:19 128:4 135:5 whats 4 0:24 50:2 63:3 65:7 66:22 77:21 78:16 80:19 87:21 93:2,14 95:3,7 99:8 102:25 103:8 106:4 111:9 118:17 120:10 whereof 136:16 white 118:10 whos13:17 133:15 withinnamed 136:5 witness 9:16 9:18 12:4 24:16 30:21 45:24 48:4 60:22,25 61:2 62:9 62*19 68*14 69:10 81:8 81:20,22 87:20 90:5 111:7 113:7 122:8 124:22 128:8 136:7 136:16 witnessed 85:14 132:4 witnesss 66:23 wont 38:18 wood 21:18 wooden 21:18 word 12 5:16 125:25 words 20:5 work 16:1,11 39:12 worked 16:17 117:19 worker 104:25 105:6,16 workers 35:10 working 13:25 15:21,23 39:7,15 72:11,17 101:25 105:19 108 : 5 workload 16:1 16:2 works 19:7 worn 4 8:24 wouldnt 92:21 105:2,14,14 105:22 writing 67:2 written 39:6 65:24 75:25 76:14 82:5 85:25 101:12 128:13 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REPORTING (877) 421-0099 6116:17 6182592222 6:6 62 2:20 62002 6:5 62025 6:18 634:13 16:18 63102 7 : 5 64 4:13 652:21 66 4:14 67 4 :14 682:23 692:24 7 72:14,22 42:9 43:13 49:24 50:3 50:15 52:25 91:20,23 700 88:13 95:11,24 96:15,17 70s 18:20 28:16,22 32:2 33:23 39:24 40:2 88:17 100:5 71 3: 3 733:4 128:25 129:2 7515:17 76 4:15 7646 78:19 77 3:6 4:15 78129:3 7th 65:19 73:19 125:5 ________ 8 82:16 46:24 52:8,11,15 126:16 80 3: 7 8006104646 6:18 80s 2 6:22 27:2,8 28:14 33:4 33:7,8,14 35:21 88:17 83 93:18 84 93:18 85 4 :16 864:16 118:7 8604112:22 113:10,16 87 3:9 4:17 4:17 114 : 8 877111:12 117:4 8th122:17,18 122:19 ________ 9 91:23 2:3,17 8:16 15:9 23:25 24:7 24:25 25:3 49:22 54:10 54:13 58:9 903:10 900 6:11 30:15,18,20 30:21 74:15 81:4 83:9 83:19,23 96:4,8 97:3 131:18 132:2,25 90s 28:14 32:8,9,10 88 :18 92 4 :18 93 3:12 964:18 97 3:13 9th 90: 8 POHLMANUSA COURT REPORTING (877) 421-0099 Page 162