Document 91wrZdRvB6bK9nJG5OeMGLLa5

1 IN THE COURT OF COMMON LAKE COUNTY, OHIO 2 Case No. 91CV001653 3 RUTH N. BURNHEIMER, etc., ) 4) * Plaintiffs, ) 5J vs. ) 6) UNIROYAL CHEMICAL CO., INC., ) 7 et al., ) ) 8 Defendants. ) 9 10 1 1 Jack Besoner & Assoc. 255 S.B. 14th Street 1 2 Suite 2-B Fort Lauderdale, Florida 13 November 12, 1992 10;00 - 12:40 p.m. 14 15 16 17 DEPOSITION OF JACK H. WOLFSIE 18 19 Taken before Jeffrey M. Goldstein, 20 Certified Shorthand Reporter and Notary Public in 21 and for the State of Florida at Large, pursuant to 22 Notice of Taking Deposition filed in the above 23 cause. 24 25 JACK BESONER & ASSOCIATES F ORT LAttbtt -ALfi, F L . ( Ck o j j . 6 3 * UNIR0001401 3 1 E..X H I B I T S 2 FOR IDEiyTIFICATIOW PAGE KO. LINE WO. 3 Plaintiff ' a 1 Plaintiff ' s 2 4 Plaintiff ' a 3 Plaintiff ' a 4 5 Plaintiff ' a 5 Plaintiff 1 a 6 6 Plaintiff ' s 7 Plaintiff 1 s 8 7 Plaintiff 1 s 9 Plaintiff 1 s 10 8 Plaintiff 1 s 1 1 27 20 32 18 42 25 48 22 51 18 52 10 53 1 0 55 1 5 57 14 58 16 67 16 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JACK BESONRR & ASSOCIATES T' <" ?7 LAUDEI'DALE, Vl . ( 305 * <63-160S UNIR0001402 5 1 University, and I got an M.D. Degree -- 2 Q. What year, approximately, if you would, 3 .roughly? 4 A. 1936. 5 Q. Please go ahead. 6 A. I got an M.D. Degree from New York 7 University College of Medicine in 1939. 8 1. And thereafter? 9 A. 1 had a two year internship at New York 10 City Hospital in '39 to *41. 11 Now, when you talk about education, I'm 12 not trying to be corny, but in the practice of 13 medicine you're being educated all the time. 14 Q. Yes, sir . 15 A. I can't remember them all. I have had 16 many, many postgraduate courses, going to all 17 sorts of symposia over the years, and I couldn't 1 8 possibly remember them. 19 Q. Pair enough. 20 A. For example, I took a postgraduate 21 course at the Menninger Foundation in Kansas. 2 2 Psychiatry. I took one in New York University 23 postgraduate medical school, environmental 24 medicine, and there were many more, but I don't 25 think they're pertinent to this. JACK BESONER Sc ASSOCIATES for: `.AUL'HHr- X,X, FI.. (3J5)7oJ-160: UNIR0001403 7 1 Cyanamld? 2 A. Right. 3 , Q What was your job title? 4 A. Well, at first, I was an assistant to 5 the medical director of the Calco, C-a-l-c-o, 6 Chemical Division of American Cyanamld. I don't 7 remember how long. A few years probably. Then I 8 was in charge of the medical program at their 9 Warners, W-a-r-n-e-r-s, plant in Linden, New 10 Jersey, and their Woodbridge plant in Linden, New 1 1 Jersey, until I left to go to Uniroyal. 12 Q. Was that in 1964? 13 A. Ah-huh. 14 Q. Was it known as Uniroyal at that time? 15 A. It was known as United States Rubber 16 Company, as I remember. 17 Q. Who was your predecessor at Uniroyal? 18 A. Nobody. I'm sure people in one way or 19 another looked after parts of that function, but 20 there was no previous corporate medical director. 21 Q. As of that time -- Excuse me, in what 22 month of '64, do you recall, approximately, sir? 23 A. No. What the hell is the difference? 24 Q. There may well not be a difference. 25 Doctor. I just wanted to know if you recalled JACK BESONER & ASSOCIATES FORT LAUDERDALE, .. (305)763-1603 UNIR0001404 9 that time? A. Yes. No. Q. When did you first come, sir? A. . I don't know, but I have been in Florida about five, six years. First, in Sarasota, where one of your confreres caught up with me and had to go undergo something similar to this, and then came over to Plantation. I have been in Plantation now for three, four years at the address that you have. Q. Did you have a particular expertise in industrial medicine or industrial hygiene, during your years with Uniroyal? A. Oh, yes. I was certified by the American Board of Preventive Medicine and Occupational Medicine. I don't remember the year. Q. Okay. A. Had to be in the 50's. I was certified by the American Board of Industrial Hygiene in Industrial Hygiene. Q. Any other certifications or particular affiliations you had? A. No, except that I served on numerous committees, many of them trade association committees. JACK BBSONFR & ASSOCIATES FORT LAUDERDALE. FL. (30fipS^lOC UNIR0001405 11 1 American Cyanamid which would have led to your 2 participation in the M.C.A. prior to 19647 3 ' A. Well, as I became progressively more 4 interested in this work, and attended their annual 5 meetings of the national associations, and became 6 assigned to committees arid got more and more 7 known, even served as officer -- For example, I 8 was the past president of the American Society of 9 Occupational Medicine. I was asked to serve on 10 these things. 11 Now, I remember Marshall when he was 1 2 Secretary of Labor, asked me to serve on a 13 committee to see whether or not we could come up 14 with a draft for a standard on skin exposures, 15 Q. To what? 16 A. Anything in industry. 17 MR. DEAN: Excuse me. That was IB Secretary of Labor, Ray Marshall? 19 THE WITNESS: Sure. I have a letter on 20 that somewhere, I think. 21 So you asked how I got involved in 2 2 these things. Well, one thing or another. I 23 imagine in some of these cases I might have asked 24 for some of this. Sometimes an employer would ask 25 me. . JAC^ rESONF* * ASSOCIATES FORT LAttPF-R , Ft , f 3 O fi ) n 6 0 8 UNIR0001406 13 1 membership or affiliation with that organization? 2 A. It's a chemical processing company, and 3 one of the things that we did was to arrive at the 4 old chemical safety data sheets. X don't believe 5 they're in existence anymore. 6 X remember, I wrote the original draft 7 for formaldehyde, I think for -- I don't remember, B but a number of them, which of course were then 9 subject to the scrutiny of the whole committee. 10 Q. What committee? The M.C.A.? 11 A. Yeah. The Occupational Health 1 2 Committee, or the Committee on Health and Safety, 1 3 whatever they called it, I don't remember. 14 Q. When did chemical safety data sheets 15 first come into existence? 16 A. I don't know. They were there when I 1 7 got into the field. 1 B Q. When you came to Uniroyal in 1964 or 19 its predecessor, was there an industrial 20 toxicologist there? 21 A. No. X created that. Now, that does 22 not mean that that function was not served. You 23 know, it was done, it was overseen by a number of 24 different people. I can't tell you now who they 2 5 were or exactly how that was structured, but I JACK BESONER & ASSOCIATES tfORT uAUDEROAL) , Fi. . ( 3 0 6 3 - 1 fc 0 8 UNIR0001407 15 1 THE WITNESS: I'm just trying to save 2 you a lot of time, trying to give you a bottom 3 ^line to work with. 4 BY MR. BRODHEAD: 5 Q. Okay. You want It to be a bottom line? 6 A. Ho. 7 Q. All right. Was there an Industrial B hygienist at that time in '64? 9 A. Yes. 10 Q. And who was that? 11 A. That was Fred Sands,S-a-n-d-s. 12 Q. And this was corporate, in other words, 13 oversaw -- 14 A. Yes. 15 Q. -- the operations nationwide? 16 A. Ah-huh. 17 Q. Who was Mr. Sands' successor, if you 18 recall? 19 A. Larry Derringer, whom I hired when Mr. 20 Sands died. 21 Q. Approximately when did Mr. Sands die? 22 A. Don't remember. 23 Q. From where did you hire Larry 24 Derringer? 25 A. You know, I really don't remember now. JACK BESONER & ASSOCIATES FORT LAUDERDALE, FL. 1305)763-1608 UNIR0001408 17 1 Harris, Mr. Dudrow, Mr. Derringer and his 2 predecessor, and Mr. Dudrow's predecessor. 3 ( A. Yes. 4 Q. In terms of the - 5 A. May I interrupt? 6 Q. Please. 7 A. Wes Graf. I don't remember how it's 8 spelled. Graf ending in "f not "ph". 9 Q. Given the fact that we mentioned all 10 these names now, have we left any significant 1 1 department out of corporate, as it relates to 12 industrial safety, health, and toxicology and 13 hygiene? 14 A, When I began with Uniroyal, I reported 15 to the corporate safety director, who in turn 16 reported to the industrial relations director. 17 Q. Did that change? 18 A. It did. 19 Q. In what way? 20 A. A separate medical department was 21 created that reported to Mr. William Wrightnour, 22 who in turn reported to the C.E.O. 23 Q. Can spell Mr. Wrlghtnour's last name 24 for me? 25 A. It's probably W-r-i-g-h-t-n-a-u-e-r. JACK BESONBR & ASSOCIATES FORT LAUDERDALE, F: . (3U5 ) i 63-160 & UNIR0001409 19 1 A. Yes. 2 Q. All right. Row did you cone to learn 3 about vinyl chloride and Its properties, and so on 4 and so forth, once you got to Onlroyal? 5 A. Well, several ways. Number one, I knew 6 there was such a thing as vinyl chloride. I had a 7 rather extensive library of my own. With the 8 permission of the Uniroyal management, built up a 9 much larger reference library. That was one 10 source. 1 1 Another source was, as I would visit 12 various plants like, for example, Monochem and 13 Palnesville, where there are materials there with 14 which I had no direct familiarity, I would meet 15 with the technical people and learn all 1 possibly 16 could about the substance, their experience with 17 it, how it's made. I would be taken on detailed 18 tours through the processes, so that I could 19 formulate my own opinion of whether or not all 20 reasonable, you know, safety and health protection 21 measures were being taken. I would speak with the 22 doctors at these locations to find out whether or 23 not they had any people complaining of any 24 illnesses from any of these materials. 25 I had very good friends in other JACK BESONER & ASSOCIATES ?0HT LAUQtfcP.D 8, fft, . (306)763-1*08 UNIR0001410 21 1 library with current and available materials? 2 A. Well, first of all, I subscribe to all 3 .the worthwhile scientific Journals that had all of 4 this material. Also too, don't forget -- And I 5 Joined any number of organizations. For example, 6 I was an active member of the American Academy of 7 Chemical Toxicology. So If they had any, in any B of their programs they dealt with, let's say, 9 whether it was vinyl chloride or A,B,C substance, 10 it didn't matter, then that would become part of 1 1 my package of information. 12 Q. Where Is the greatest exposure to vinyl 13 chloride? Is it in the creation of the monomer, 14 or is It In the creation of the polymer, or Is it 15 In processing and fabricating? 16 A. You mean, where the greatest likelihood 17 of where somebody could become exposed. 18 Q. Yes, sir. 19 A. I would say maintenance people that 20 tear apart equipment. I would also say two people 21 taking samples. If they weren't careful, far more 22 than In ordinary day-to-day operating. 23 Q. Do you understand what I mean when I 24 say creation of the monomer versus polymerization, 25 versus processing and fabricating? JACK RESONER Et ASSOCIATES FORT LAUDERDALE, *L, (305)763-1606 UNIRO001411 23 1 for the people down there, because If, for 2 example, there was a leak. It would evaporate 3 before anybody could get exposed to very much of 4 It. 5 Q. That's also an outdoor facility, at 6 Geismar? 7 A. That was outdoor, yes, 8 Q. Still, Doctor, If you can, I would like 9 an answer to ay question. If you can answer it. 10 Is it In the creation of the monomer, is it in the 11 polymerization process, or is in the process and 12 fabricating, where the greatest potential for 13 human exposure exist? 24 A. I could have answered that a lot better 1 5 20 years ago. Let me think a moment. 16 1 can't lean one way or the other. I 17 would think that there are potential chances for 18 exposure In producing the monomer. I would think 19 that also would hold true of producing the 20 polymer, because more different stages of 21 operation are involved in polymerization; then 22 theoretically, that should give you more stages of 23 which there could be possible exposure. For 24 example, if they have recovery systems whereby 25 they try to recover unreact monomer, put it back JACK BESONER & ASSOCIATES FORT LAUJDBR ALE , FI.. ( 306 ) 763-1600 UNIR0001412 1 2; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 vinyl chloride? BY MR. BRODHEAD: Q. Threshold limit values. A. It had to be when I was with American Cyanamid Company. Q. Were you involved in any way in monitoring threshold limit values at American Cyanamid? A. The industrial hygienist reported to me, and then in that respect X was, yes. Q. Did they have equipment to do so? A. Oh, yes. Q. What kind of equipment did they have at American Cyanamid to monitor that? MR. DEAN: We don't know what chemical we're talking about. In the absence of that, I object on the lack of relevance. If we can establish what chemicals you're talking about having been monitored by American Cyanamid in the 1950's and 60's, I'll still object, but I think the record will be more meaningful later on. THE WITNESS: It depends on what form the material is, whether it's solid, aerosol, vapor or gas, whether it's a liquid. JACK BESONEF fi ASSOCIATES LAnnaaDALB . FT.. (f 6 ) 763--1608 UNIR0001413 27 1 A. It was a function that reported to me. 2 Q, I appreciate that. 3 A. And there was a highly specialized 4 skill, competentcy In that Individual, who was , 5 knowledgeable about the right materials, methods, 6 etcetera. Not only that, but evaluating the 7 numbers and the results that you get, what does 8 all this mean. 9 Q. When, to your knowledge, Doctor, were 10 threshold limit values for vinyl chloride first 11 monitored at the Painesvllle plant? 1 2 A. I don 1t know. 13 Q. As of the time you left Unlroyal in 14 1971, can you tell me whether or not you have any 1 5 specific recollection of threshold limit values of 16 vinyl chloride being monitored at the Painesvllle 17 plant? 18 A. I don't remember. 19 (Thereupon, a short break was taken.) 20 (The document(s) referred to was 21 thereupon marked as Plaintiff's 22 Exhibit Number 1 for Identification, 23 a copy of which is attached hereto.) 24 MR. BRODHEAD: Back on the record. 25 BY MR. BRODHEAD: JACK BESONER h ASSOCIATES FORT LAUDERO iE. FL. (305)783-1508 UNIR0001414 29 1 an active position in the establishment of limits 2 and should Issue a list annually, to be revised 3 .each year to conform with newer Information and 4 the values suggested by such bodies as the U.S. 5 Public Health Service and the American Standards 6 Association. A plan of action which this 7 committee might follow to advantage would be 8 similar to that of the International Committee on 9 Atomic Heights, which makes annual revisions, 10 incorporating or considering new Information which 1 1 has appeared In the coming year. 12 It is not my intent to disregard or 13 belittle the work of existing limit proposing 14 groups, but their machinery at best grinds out its 15 grist finely and slowly. All of us doing field 1 6 work know that If samples are taken for any 17 contaminant In a plant, we must produce a limit, 18 right or wrong, for the consideration of the 19 management. Otherwise, they feel quite rightly 20 that we were wasting our time and theirs taking 21 the samples in the first place. 22 I feel that a committee like ours, 23 representing nearly all the government enforcing 24 agencies could, with justification, establish 25 arbitrary limits which appear reasonable, for TACK PPSONRF ft ASSOCIATES FORT LAUDERDAi, FL. (306)764-1608 UNIR0001415 31 1 correctly, a 1942 document, and you're questioning 2 the witness about statements made In 1942, when 3 .you haven't even established that the witness had 4 any knowledge about industrial hygiene standards 5 in 1942. 6 Subject to that objection, you can go 7 ahead and answer. a MS. KOESTER: Do you remember the 9 question, Doctor? 10 THE WITNESS: I don't think I can 11 properly answer such a question for the very 12 reasons given by -13 MR. DEAN: Mr. Dean. 14 THE WITNESS: -- Mr, Dean. You're 1 5 asking me about something that was done in 1942, 16 at a time when I had no Involvement whatsoever In 17 this case. 18 BY MR. BRODHEAD; 19 Q. No, 6lr. What I'm asking specifically 20 is whether or not, as a general proposition, what 21 Doctor Fredrick has stated, I want to know if I 22 that's your understanding of what threshold limit 23 values are for; that is, to be thrown out by the 24 T.L.V. Committee, and then to be tested and 25 modified as industries see fit? JACK BESONER & ASSOCIATES FORT LAUDERDALE, . (30b ) 7o3 - I 608 UNIR0001416 33 ' 1 Doctor? 2 A. Yes. I didn't get beyond the title 3 .page, though. 4 Q. Was that a document that was available 5 to you at American Cyanamld? 6 I think maybe the answer to that would 7 be no, because you had no vinyl chloride 8 experience there, right? 9 A. I was not concerned with vinyl 10 chloride. I had had a full set of all the 11 chemical data sheets, because I was -- Well, first 12 of all, 1 was In this racket. Second of all, I 13 was on the committee that formulated these things. 14 Q. Okay. 15 A. But vinyl chloride was not a matter of 16 particular concern of mine, and so I would have no 17 memory of anything about vinyl chloride going back 18 to that tIme. 1 9 Q. Why is it that you state that it was 20 not a matter of particular concern of yours? 21 A. Only general, not particular, because 22 we weren't concerned with vinyl chloride in 23 American Cyanamld, at least not in any of the 24 operations that I was responsible for. No other 25 reason. JACK BESONEF ft ASSOCIATES FORT LAUDERDALE PL. 1305)763-1608 ' UNIR0001417 35 1 A. . I just don't raaciber. 2 Q, Okay. There was an entity by the name 3 of Monochem that was in existence when you came to 4 Uniroyal, is that correct? 5 A. Yes. 6 Q. What was yourunderstanding of why 7 Monochem was created? 8 A. X would assume that itwas created to 9 produce vinyl chloride. 10 Q. All right. 11 A. I don't remember if they made anything 12 else . 13 Q. Who were the participants in creating 14 that entity; that is, the corporation? 15 A. As far as I remember, it was a joint 16 venture of the Borden Company and the United 17 States Rubber Company. 1 8 Q. What degree of responsibility did you 19 assume over Monochem, if any? 20 A. Well, number one, Monochem was located 2 1 near other U.S. Rubber or Uniroyal installations. 22 Since Uniroyal had a role in that operation, I 23 would automatically assume responsibility, number 24 one. Number two, even if it had not been in the 25 same area, I would have, because I did on other -TACK BESONE* & ASSOCIATES SORT ItAUPlfrfeDAX** . J UNIR0001418 37 1 Q. As corporate medical director, did you 2 ever make any distinction between, from an 3 .industrial hygiene standpoint or Industrial safety 4 standpoint, between monomer production and 5 polymerization? 6 A. I don't understand what you're driving 7 at. 8 Q. Were there considerations that would be 9 separate, say for an indoor polymerization plant, 1 0 than say an outdoor monomer producing plant, from 1 1 an employee safety and health standpoint? 1 2 A. The considerations would have to be 13 different, because you got a different process 14 involved in producing monomer, and then entirely 1 5 different things involved in producing the 16 polymer. 17 Q. Had you ever been to the Palnesvllle 18 plant? 19 A. Oh, yes. 20 Q. Approximately howmany occasions? 21 A. I don't remember. It had to be more 22 than one. 23 Q. Okay. You could count them on one hand 24 probably? 25 A. Don't remember. JACK BESONER & ASSOCIATES FORT LAUDERDALE FL. (JOB)73-160 0 ' UNIR0001419 39 1 harmful. Our main thrust was on the manner in 2 which the people conduct themselves on the job, 3 and providing a type of operating procedure, as 4 well as an environment, which makes It least 5 likely for them to get into trouble health-wise or 6 safety-wise. 7 There are always exceptions to 8 T.V.L.'e, so we never would stop there. What we 9 would do was monitor any of the Individuals. 10 You're asking about various sampling 1 1 equipment before. I'll tell you one that I do 12 remember, the human being, the employee, because 13 If that employee Is Inhaling or getting into his 14 system through the skin, any material in any 15 amount that he should not be, then we should be 16 aware of that, we should find that. And so we 17 would, you know, periodically examine people, just 1 8 as a final check, on whether or not everything 19 else before that was working, particularly since 20 nobody's that smart that they could anticipate 21 everything. Also too, particularly some of these 22 values that are set have a certain amount of 23 arbitrariness to them. We also know too, that 24 they are made to satisfy probably the so-called, 25 quotes, average, unquotes, person. JACK HF.SHVPR ft ASSOCIATES t.AUD*KDAT,* l 3 0 6 ) `I * * 0 ft UNIR0001420 41 Q. Doctor, when you refer to periodic examinations, are you talking about annual .physicals of employees? A. Yes, in some cases. You know, more often than that. Q. When you came to Uniroyal in 1964, and prior to your departure in 1971, what was it, if anything, about the annual physicals that was particularly directed to the potential harmful - 10 effects 11 A. I would not remember. 12 Q. Were blood levels tested at that time? 13 A . You mean blood levels for vinyl 14 chloride I would doubt it. 15 Q. No. I mean liver function studies? 16 A. I don't remember that. 17 Q. Okay. Do you have any recollection of 18 an acroo 19 I960's? 20 A. 21 Q. Do you recall who it was who would have 22 overseen 23 A. I remember meeting with Doctor Bert 24 D.imnan a 25 these pe JACK BESONER & ASSOCIATES FORT LAUDBFjALE, FL, (*06)763-1*06 UNIR0001421 43 1 thereupon marked as Plaintiff's 2 Exhibit Number 3 for Identification, 3, a copy of which is attached hereto.) 4 BY MR. BRODHEAD: 5 Q. Showing you what's been marked as 6 Exhibit 3, have I correctly identified that as the 7 EPIDEMIOLOGICAL INVESTIGATION OF THE POLYVINYL 8 CHLORIDE INDUSTRY IN REFERENCE TO OCCUPATIONAL 9 ACROOSTBOLYSIS? 10 A. That's the title. 1 1 Q. All right. It's dated February of '69, 12 and it Is stated as Confidential Report to the 1 3 Medical Advisory Committee Manufacturing Chemists' 14 Association, correct? 15 A. That's what It says. See, I didn't 16 even remember that we went through the M.C.A. 17 Q. All right. 18 A. May X ask a question? 19 Q. Please. 20 A. Has Uniroyal the only participant, or 21 were there other companies Involved in this? I 22 don't remember. 23 Q. There are others involved in this. 24 A. I would have thought so. 25 Q. Do you recall that there were certain FC5W.T JACK ESOHF.R & ASSOCIATES 'AteE , Ft-. < *D ) ?#4~1 *Q* UNIR0001422 45 1 reactor cleaners, do you recall whether or not 2 that suggestion was taken? 3 A. 1 don't recall. 4 Q. All right. Incidentally, there's a 5 footnote on the Torkelson reference as Number 9, 6 and that was a 1961 article entitled THE TOXICITY 7 OF VINYL CHLORIDE AS DETERMINED BY REPEATED 8 EXPOSURE OF LABORATORY ANIMALS. 9 Do you recall whether or not that 10 article was In the library that you kept? 1 1 A. I don't recal1. 12 Q. Okay. Do you recall what Doctor 1 3 Torkelson's suggestion was generally, with respect 14 to vinyl chloride workers in that paper? 15 A. In this paper? 16 Q. Yes, 81r. 17 A. No. 18 Q, Okay. When I say, "in this paper," I'm 19 talking about Number 9. 20 A. Yes. 21 Q, On Page 104 there are some 22 recommendations made. In Number 1, there's 23 reference again to the 50 parts per million, 24 correct? 25 A. That's with reference to the reactor TACK BESONER ASSOCIATES PORT LAUDERDALE EL. (305)763-1608 UNIR0001423 47 1 animals should be continued to Isolate the agents 2 responsible for the disease." 3, Were you aware -- Excuse me, Doctor, go 4 ahead. 5 A. Go ahead. 6 Q. Were you aware as to when laboratory 7 experimentation with animals and vinyl chloride, 8 was first undertaken, approximately? 9 A. Well, I know from the Torkelson 1 0 reference, which goes back to an article in 1961, 11 that it had to be at least that far back. I don't 12 recall that they were able to produce that 13 particular condition in animals. 14 If I had to stretch my memory and 15 imagination to the limit, I would say they 16 probably did not. 17 Q. Were there other diseases they were 18 finding in animals that were exposed to vinyl 19 chloride? 20 A. There was somebody, some European 21 investigator on a huge, massive exposures, that 22 found some affect on a gland, I think on a rat -- 23 I vaguely remember that -- which does not exist in 24 the human, and which was very difficult to 25 extrapolate to the human and which needed further -TACK REAMER & ASSOCIATES FORT LAUDRT XLK, FL. (305)763-1608 UNIR0001424 49 1 BY MR. BRODHEAD: 2 Q. Okay. Doctor, showing you what's been 3 .marked Exhibit 3 -- 4 MR. DEAN: Excuse me, Exhibit 4. This 5 Is 3 . 6 MR. BRODHEAD: Thank you. I knew I 7 brought you along for some reason. 8 BY MR. BRODHEAD: 9 Q. Doctor, that document that has been 10 marked as Exhibit 4 was produced by Unlroyal in 1 1 this case as one of its records relating to vinyl 1 2 chloride. I want to direct your attention to what 13 it says about a quarter of the way down the page, 14 "Meeting 8/25/67, 10:30 a.a." I'm going to try to 15 read this. 16 Quote, While Doctor Wolfsie and Mr. 17 Dudrow are in Painesville on their tour of the 28 plants, we thought this would be a good 19 opportunity to have them meet you and to have them 20 explain the health study. 21 Our plant has been invited to 22 participate in a nation-wide health study being 23 conducted in our industry. 24 Employees of 21 companies, including 25 Uniroyal, will be asked to fill out a J4C* BFSf'NFP $ ASSOCIATES FORT LAUDERDALE. FL. <305)783-1608 UNIR0001425 51 1 MS. KOESTER: Let him ask you a 2 question first. 3, THE WITNESS: Sure. 4 BY MR. BRODHEAD: 5 Q. My question. Doctor, is what do you 6 mean by a fishing expedition? 7 A. By a fi shing expedition, I would mean 8 that we're really out to find out anything and 9 everything we possibly can. We're not too clear 10 what the outcome is going to be. That's my 1 1 understanding. 12 I don't remember saying this, but if I 13 did say it, that's what I would mean. In other 14 words, no preconceived notion which would make it 15 a very, very bad experiment, any experiment, a 16 very bad experiment, if you decide before your 17 results are in, what the results are going to show 18 (The document(s) referred to was 19 thereupon marked as Plaintiff's 20 Exhibit Number 5 for Identification, 2 1 a copy of which is attached hereto.) 22 BY MR. BRODHEAD: 23 Q. Showing you what has been marked 24 Exhibit 5, it's dated 10/31/67, it states, 25 "Wolfsie would like to look at films when complete TACK RESONFR S ASSOCIATES ` FORT LAUDERDALE, FL. <SOd)7 %3-1SOA UNIR0001426 53 1 A. Let me read this. Yes, what you read 2 is correct. . 3 Q. Who is Mr. Glenn? 4 A. I think that he was a head of the 5 chemical division, and Mr. Hopkins would have been 6 head of the consumer products division, because I 7 notice that the Mishawaka plant and the Kaugatuck 8 Footwear plant were involved, and those other two 9 plants were in the consumer division 10 (The document(s) referred to was 11 thereupon marked as Plaintiff's 12 Exhibit Number 7 for Identification, 13 a copy of which is attached hereto.) 14 BY MR. BRODHEAD: 1 5 Q. Showing you what's been marked as 16 Exhibit 7, that is a letter from you to Mr. Glenn, 17 dated April 18, 1969, is that correct? 16 A. I wanted to see if it was subsequent to 19 the other one. Yes. 20 Q. I want to refer your attention to the 2 1 last paragraph of this Exhibit 7, Doctor. You 22 state in the concluding paragraph, and I quote, 23 "Because no cases of this disease were identified 24 in personnel In compounding and fabricating 25 operations, no further PVC health studies or JACK BKSONFP fk ASSOCIATES FORT LAUDERDALE, 806|73-1*PB UNIR0001427 55 have another condition related to vinyl chloride? A. I don't understand what you're driving .at. Q. Is it your understanding that there is or ia not* believed to be access between acrooeteolysls and any other adverse health condition related to vinyl chloride? A. I still don't know what you mean. Q. Is it precursor to another vinyl chloride disease? A You mean* is it an earlier stage of a more encompassing disease? Q. Yes, sir. A. Not that I'm aware of (The document(s) referred to was thereupon marked as Plaintiff's Exhibit Number 0 for Identification* a copy of which is attached hereto.) BY MR. BRODHBAD: Q. Okay. Just for identification purposes, Doctor* I want to show you Exhibit 8. This apparently is a letter to Doctor Dlnman from J.E. Crim* Industrial Relations Manager* dated October 28* 1968. A. Is this the industrial relations JACK BKF^NER & ASSOCIATES PORT ti&tr&aftB* -* an* UNIR0001428 57 1 BY MR. BRODHEAD: 2 Q. All right, Doctor, we're back on the 3 .record. 4 Do you have any recollection of 5 suggested changes In the threshold limit values 6 for vinyl chloride while you were at Uniroyal? 7 A. Z don't have any recollection. 8 Q. Doctor, do you have any recollection of 9 a paper presented In Houston, Texas In May of 10 1970, by a Mr, P.L. Viola, relating to vinyl 1 1 chloride exposure to rats? 1 2 A. The name sounds familiar, but I don't 13 remember much more than that 14 (The document(s) referred to was 1 5 thereupon marked as Plaintiff's 16 Exhibit Number 9 for Identification, 17 a copy of which is attached hereto.) 18 BY MR. BRODHEAD: 1 9 Q. Showing you what's been markedExhibit 20 9, which I'm representing to you is a copy of a 21 paper presented at that time. 22 A. What year was that? 23 Q. May of 1970. Have youseen that paper 24 before, to your knowledge? 25 A. I don't remember. JACK RPSHMith ft ASSOCIATES FORT LAUDERDALE, FL. (31 5)763-1608 UNIR0001429 59 1 representations to you that this Is an exhaustive 2 list. I'm only representing to you that these are 3 .some articles that relate In some way or another 4 to vinyl chloride exposure and it's implications 5 for human beings. 6 Can you take a look at this, Doctor, 7 and let me know if you were aware, to the extent 8 that you can recall, of these articles at or about 9 the time they were published? 10 A. I would have no way to remember that. 11 Q. Okay. The first one was -- Directing 12 your attention to the first page, would you like 1 3 to go down the list, if you would, please, and let 14 me know which, if any, you recognize today, and I 15 understand it's been over 20 years since you left 16 the company? 1 7 A. Well, I probably saw the Viola article 18 or articles, and I probably saw this bunch here, 19 Humber 81, Dlnman, Cook, Whltehouse, Manguson, 20 Ditcheck. That's the group that did the study, 21 the epidemiological study on the occupational 22 acroosteolysis. I probably saw that, but to 23 specifically answer your question, I don't have 24 recollection. 25 Q. Okay. The articles which precede JACK BESONER & ASSOCIATES , v. < sea > ?63 \ eos UNIR0001430 61 1 didn't matter what, and so he had that label 2 automatically attached to him before you might 3 read any one of his articles. 4 Q. The fact is that Doctor Hueper turned 5 out to be right in several Instances? 6 A. I don't know, but I would imagine that 7 he probably could. Also too, you know, we tend to 8 laugh at people that are the first to find 9 something and say, because nobody else found it, 10 that it might be so. Sometimes it turns out to be 1 1 so, and sometimes it turns out not to be so. 1 2 Q. For example, Doctor Hueper was right 1 3 about the academic affects of asbestos? 14 A. I don't know, and I wouldn't use 1 5 Hueper, but many other people have demonstrated 1 6 that with asbestos. Heuper, right or wrong, had 17 the reputation that I spoke of. So, you know, you 1 8 would have to approach his work with a little bit 19 of caution. 20 Q. Are you familiar with Doctor Heuper ' s 21 work In the field of asbestos? 22 A. No. I don't remember, but there's 23 enough other good work on asbestos that you didn't 24 have to just rely on that. 25 Q. But he was one of the first, sir, was JACK BFSOKRR ** ASSOCIATES FORT V . t *O > 7 - X O UNIR0001431 1 2r 34 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 Q. Okay. In your tenure at 0.S. Rubber and Unlroyal, what, if anything, did you implement. Doctor, about enforcement of the T.L.V. for vinyl chloride at the Painesville plant? A. I don't remember anything specifically about that. Q. What, if anything, during your tenure at Unlroyal, did you do with respect to investigation of reports in the literature concerning vinyl chloride related disease, other than the acroosteolysis participation? A. I don't recall any. Q. What, if anything, did you do in your tenure at Unlroyal, Doctor, that related to follow-up with Doctor Viola, when he first reported laboratory cancers from vinyl chloride in 1970, understanding that you left in the Spring of '71, about a year later? A. Yes. I don't remember, other than the fact that I know do when something like this came up, anyone of us that might have had an interest, whether it was Bert Dlnman, myself or anybody else, first thing we would have done would be to discuss this whenever we met with one another, and we did frequently, because we were on the same JACK BES0V*R & ASSOCIATES FORT EtAUE IUALS, FL . { 3 0 6 ) 7 6 3 - 1 60 d UNIR0001432 65 1 out of that? 2 I did not say that Doctor Viola's work, 3 .based on that former paper, was not valid. I 4 never said that. All I did was quote his own 5 conclusions. 6 Now, whenever a scientific paper or 7 work Is read, it's got to be scrutinized very 8 carefully, and you have to draw your own 9 conclusions, depending on the Investigator, the 10 type of experiment, experimental models, whether 11 or not he had the right to come to the conclusions 12 that he did come to, etcetera, etcetera, 13 etcetera. I never said that this was not 14 significant. All I did was quote the author's own IS statement. I just wanted to clarify that. 1 6 Q. Are you telling me -- I'll withdraw 17 that. 18 A. I'm not necessarily passing judgment, 19 Is what I'm saying. 20 Q. Okay. In other words, you would not 21 suggest to me the fact that Luigi Viola, an 22 Italian researcher, wrote about no Implications to 23 human pathology can be extrapolated, you're not 24 suggesting to me that that is reassuring to you 25 that it is not scientifically possible? JACK BPSONER & ASSOCIATES FOR? t.fttlfMUlUAt.11 , > t see > 1 ft UNIR0001433 67 1 knowledge. 2 Q. Have you ever heard of Gelamar 3 Industries? 4 A. I'm not familiar with that title. 5 Q. Do you know who the plant physician was 6 during your tenure at Painesville? I know this 7 would be very taxing to your memory. Do you 8 happen to recall? 9 A. I don't remember. 10 MR. BRODHEAD: Give me one minute, 11 please. 12 (Thereupon, a short break was taken.) 13 MR. BRODHEAD: Back on the record. 14 We're on 117 15 MR. DEAN: Yes. 16 (The document(s) referred to was 17 thereupon marked as Plaintiff's ie Exhibit Number 11 for Identification, 19 a copy of which is attached hereto.) 20 BY MR. BRODHEAD: 21 Q. Doctor, showing you what's been marked 2 2 Exhibit 11, it's dated December 20, 1967, it*s on 23 Uniroyal stationery, to J.M. Poynter from J.B. 24 Parker, Is that correct? 25 A. Yes. JACK BEROV?!*? * ASSOCIATES FORT bAilDSRDALB, PL ( 30ft > 7 - 1 80* UNIR0001434 1 2 34 5 6 7 8 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 69 A. No, but I would -- If you want to know why I did this, I'm trying to learn more about it . Q- Sure. Did you have any -- A. When it comes to x-rays, X like to see it myself , not necessarily take somebody else's word for it, because there's bound to be some questionable ones. Q . Prior to your review of those x-rays, did you have any particular training in the phenomenon of acroosteolysis itself and its radiologic detection? A. No, except that before we undertook this study I saw x-raye of acroosteolysis. I can't remember where or when or how, but I know I saw them, and the changes were unmistakeable, and they were unlike anything I had ever seen before, This was a most peculiar phenomenon. Q. Doctor, you apparently held a position with the Manufacturing Chemists' Association on one or more of its committees, did you not? A. Yes. Q. What committee was that? A. I don't remember the name. It would have to do with occupational health. It might have also had the word safety in it, I'm not JACK BENNER & ASSOCIATES PORT tiRUDSR&R . I SO ft > 7 *- 1 (O S UNIR0001435 71 1 A. Oh, yes. 2 Q. All right. 3 A. 1 probably was not at thismeeting. 4 Q. I understand,Doctor. Itwould have 5 been after your time. 6 Under Item 3 of this document. It says 7 election of vice-president. It states here, "To 8 fill the vacancy in this office created by the 9 resignation of Doctor Wolfsie, the Chairman of the 10 following subcommittee to bring the nomination." 1 1 You apparently were vice-president of 12 that committee? 1 3 A. I don't remember having a designation 14 of vice-president. I think it was vice-chairman. 15 Q. They refer to it as vice-president 16 here. It's your memory that it was vice-chairman? 17 A. I think so, because Manufacturing 1 8 Chemists' Association had a president and other 19 offices. This was a committee. 20 Q. Do you have any recollection of 21 discussing whether or not data sheets on vinyl 22 chloride should be revised to identify the 23 allegations of carcinogenicity? 24 A. No, I don't recall. 25 Q. Was it your understanding that as of JACK BESONER & ASSOCIATES FORT S.AW0BRDAIE, .. (305)763-5.608 UNIR0001436 73 1 every single one of these very, very, very 2 carefully, and supply Input before anything like 3 this was Issued. 4 Q. Understood, Doctor. I just want to 5 make sure I understand that you didn't have 6 anything to do with the revision of that 7 document. 8 A. Not that I can remember. 9 Q. Okay. Is this 1954 C.S.D.S. a document 10 to which you referred, as best you can recall, 11 during your tenure at Uniroyal? 1 2 A. I don't recal1. 1 3 Q. Z take It you don't know anything about 14 the manner or method by which documentation. If 15 any, concerning a shipment of vinyl chloride, came 16 from Monochem to Painesvllle? 17 A. You mean how it was shipped? 18 Q. No. The documentation, if any, that 19 accompanied the shipments? 20 A. You mean whether there were any written 21 instructions that accompanied a shipment? 22 Q . Yes, sir. 23 A. Certain materials are required to have 24 certain placards on them when they're shipped by 25 rail, for example. When things are shipped by JACK BESONER & ASSOCIATES *0T LAUDERDALE, VL. 305)763-1608 UNIR0001437 Q. Right, but - A. But I don't recall that I was. Q. It's my understanding from your previous testimony that you had no particular Input or experience with vinyl chloride per se prior to 1964, is that correct? A. That's correct. Q. Okay. Would it be fair to say that It would not be likely then that you would you be on the vinyl chloride C.S.D.S. Committee? A. I don't know that there ever was a vinyl chloride Manufacturing Chemists' Committee. Q. All right. In any event, you don't recall having anything to do with Exhibit 2? A. No, because again, I have to say that as a member of this committee, I served In one or both of two possible roles. In some cases, those of us that had experience, particular experience with the chemical. It could have been more than one of us, were asked to initiate such a document, write It, come up with It, search the literature, get all the best information we possibly could, use our experience, the experience of others and propose something like this, and then the rest of the committee, even though they might not have JACK BERONFR & ASSOCIATES F OAT fcAUDafcDAfcH, . < 3o% 74-14 UNIR0001438 77 1 told us. If I'm inaccurate, you let me know. 2 The M.C.A. had a committee, which was a 3 .chemical safety data sheet committee. Is that the 4 committee that existed that you referenced? 5 A. No. I'm talking about a committee that 6 was called the, I don't know, something that had 7 to do with the occupational health and safety. 8 Q. Okay. So there was -- First of all, we 9 can agree there was no, to the best of your 10 recollection anyway, there was no M.C.A. Committee 11 In the *50rs on vinyl chloride? 12 A. To the best of myrecollection. 13 Q. But there wassome committee which 14 generally would prepare chemical safety data 15 sheets. Is that right? 16 A, Yes. 17 Q, And If you were on that committee at 18 the time, you would have had some involvement in 19 this, but if you weren't on the committee you 20 would not have had any Involvement, is that not 2 1 fair? 22 A . No . 23 Q. What is fair? 24 A. Part of it is correct, and part of it 25 is incorrect. JACK BESONER * ASSOCIATES FORT LAUDERDALE, FL. 1306)763-1608 UNIR0001439 1 A. Yes. 79 2 Q. List of publications? 3 A - Yes. 4 Q. Do you happen to hsvs s curriculum 5 vitas that still exists? 6 A. No. It's old. 7 Q. Okay. Would they have one at Uniroyal, 8 you think? 9 A. X have no idea. 10 Q. Do you have one at home? 1 1 A. I don't know. I haven't been concerned 12 with it. I wrote a handful of articles -- 13 Incidentally, when I was with American Cyanaraid, 1 14 gave papers at various scientific meetings while I 15 was with Uniroyal, but I didn't publish anything 16 in the scientific literature. That was while I 17 was with Cyanamid, and those included things like 18 the treatment of hydrogen cyanide poisoning. X 19 was lnvolvsd with the choline esterase inhibitor 20 Insecticides, like parathlon, which were an 2 1 off-take of the poison gases that came out of 22 Germany during World War XI, and I wrote several 23 papers on that. 24 Q. Approximately how many papers did you 25 publish? JACK SESONER & ASSOCIATES FORT LAUORRDA; ?. , FT.. ( 30f^ 7 6 3-i(iO* UNIR0001440 81 1 A. And whera we're not doing * good job, 2 to correct It. 3 Q. Now, you told u earlier that you had 4 visited the Monochem facility In Baton Rouge, 5 Louisiana, correct? 6 A. Yes. 7 Q. Approximately howmany timesdid you 8 visit that facility, Doctor? 9 A, Golly, I don't know.I know that I 10 would generally visit Baton Rouge and Geismar. 11 Uniroyal had a plant at Geisaar. If I was there, 12 I would assume X would have probably most of those 13 times, maybe all, although not necessarily, would 14 also visit Monochem. 15 Q. Could you give me a general idea of how 16 often you would go to Baton Rouge? Would It be 17 once a year, twice a year? 18 A. I would say at least once a year. 19 Q. And when you would go to the Monochem 20 plant, in particular what would you do? 21 A. I would talk to management, technical 22 people and whoever was In charge of operations, to 23 find out whether or not there had been any changes 24 in their operating, in their operations, any 25 amendments, whether anything has been deleted, JACK 8ES0NER & ASSOCIATES FORT LAUDERDALE, FL. (3Oft)73-16Oft UNIR0001441 83 1 A. Yes. 2 Q. Was there a corporate -- Again, I know 3 ,this goes back a long tine. If you don't 4 reneaber, just tell me. Was there a corporate 5 medical director at Monochem Itself, anyone that 6 bore that title? 7 A. I don't think so. Monochem as I knew 8 it had only one location. It's not a corporate 9 location. 10 Q. In essence, would It be fair to say, 11 you provided the services of corporate medical 12 director to Monochem? 1 3 A. I offered that, because don't forget 14 another company's involved, mainly Borden. I 13 don't have to answer to Borden and they don't have 16 to answer to me, except we had a very good 17 cooperative relation. 18 Q. You were clearly providing services - 19 The type of services that you provided as 20 corporate medical director In Unlroyal, you were 21 providing those to Monochem, correct? 22 A. Largely. Strictly In so far as 23 occupational health is concerned, but I don't 24 know, for example, who were the various Insurers 25 in so far as health insurance and life Insurance JACK BESONER & ASSOCIATES FORT LAUDERDALE, F" , <306)763-1608 UNIR0001442 65 1 anybody at Borden aa the corporate medical 2 director and having a dlacusalon about the 3 Monochem facility? 4 A. I don't recall ever calling up 5 anybody. Wherever Borden's corporate headquarters 6 Is, I don't know. 7 Q. When you would fill out these reports 6 after you visited there, reporting on your visit, 9 where did you send those reports to. Doctor? 10 A. Well, the original and copy went to the 1 1 manager usually or someone else they may have 12 designated at the location itself. 13 Q. Right. 14 A. And in a case like that, it would have 15 gone to the head of the chemical division at 16 Uniroyal. 17 Q. At Unlroyal. And who would that have 18 been? 19 A. Probably. I think that was Glenn. 20 Q. Okay. 21 A. Only because I didn't remember, but I 22 saw it on one of the documents. 23 Q. So you would have sent one to the plant 24 manager at the Monochem facility, you would have 25 sent a copy of the report to Mr. Glenn -- JACK BESONEP & ASSOCIATES FOHT LMJDERDATjI . . ( 3061763-1608 UNIR0001443 87 1 would keep, locally, would keap the local union 2 people apprised of this situation. I don't think 3 X would send a copy to thes. 4 Q. Would there be anybody else that you 5 haven't mentioned already, that you would have 6 aent a copy to? 7 A. You mean as a result of a visit? 8 Q. Yes, sir. 9 A. I don't remember whether I sent any of 1 0 that to any of my staff people, because sometimes 1 1 they would accompany me on a visit. Even if they 1 2 didn't, we regularly got together and apprised 13 each other of what was going on, so we all knew 14 all the time what was happening and coordinated 15 our efforts. 16 Q. Sometimes your staffpeople would visit 17 the Monochem facility without you, le that right? 16 A. I don't know. X assume they would. 19 Q. Okay. If they did, In the regular 20 course of business, they would have probably 21 reported to you? 22 A. Oh, surely. 23 Q. Now, when youwent to theMonochem 24 facility, If understand you correctly,' as was true 25 for all the facilities, you would get detailed JACK BESONER & ASSOCIATES FORT LAUDERDALK, L. (308)763-3508 UNIR0001444 89 1 Q. okay. 2 A. Sometimes visits were just purely 3 routine. Other times I would have a specific 4 reason for going there, like, for example, when we 5 Initiated that study on acroosteolysls at 6 Painesvllle, that would have been a visit 7 specifically for that purpose. 8 Q. Do you recall any specific purposes for 9 visits to the Monochem facility? 10 A. I don't recall any such. 11 Q. Okay. 12 A. You mean other than routine? 13 Q. Yes, sir. 14 A. No, sir, I don't remember anything like 15 that . 16 NR. DEAN: Doctor Wolfsle, that's all I 17 have. It's a pleasure to meet you. 16 THE WITNESS: I'm very pleased to know 19 that. 20 REDIRECT EXAMINATION 21 BY MR. BRODHEAD: 22 Q. Do you recall when the Occupational 23 Safety and Health Administration was passed Into 24 law, Doctor? 25 A. I don't remember what year It was, but JACK BESONER Sr ASSOCIATES FORT LAUDERDALE FL. (305)763-1608 UNIR0001445 91 1 be a fair atatenent to eay that Industry was free 2 to care for the health of Its employees as It saw 3 .fit, without Interference froa the federal 4 government? 5 A. I would say even subsequent to OSHA, In 6 some Industries. I'm being hind of sarcastic. 7 There are Industries that operate in good faith, 8 and there are others where you might have some 9 question. 10 Q. I understand. 11 A. That's my only reason for saying that. 12 Q. As a general proposition, Is my 1 3 statement correct, that prior to the creation of 14 OSHA, Industry was free to regulAte the work 15 environment, excuse me, Industry was free to 16 conduct the work environment for Its employees as 1 7 it saw fit, unfettered by federal regulation? 18 A. I would like to give you a qualified 19 answer to that. It Isn't entirely correct, 20 because industries before the advent of OSHA, went 21 far, further than OSHA, and even after the advent 22 of OSHA. 23 You take industries like Dupont, 24 Cyanamid, Union Carbide, Dowl Chemical, Olin 25 Matheaon, they are the biggies, they go well JACK BHS0NK5? ft ASSOCIATES vort narjoaaoa t,*, t.. UNIR0001446 93 1 Q. Okay. And would it also be fair to say 2 that in your view, that it is inappropriate for 3 industry to rely solely on OSHA, rather than on 4 its own monitoring of the workplace? 5 A. I think I would say yes to that. Of 6 course, again, there's a very big qualification in 7 there. Unless things have changed drastically, 8 the majority of the workplace are in small plants, 9 small companies. How in the world can a small 10 company, what do you call it, introduce, you know, 1 1 and pay for all of the numerous things, not only 12 with OSHA, but with product liability and every 13 other doggone thing and still make a profit? 14 It's most difficult, and so it's 1 5 understandable that you got to look carefully if 16 you're going to look at some small company versus 17 looking at some giant that can afford to have a 18 corporate medical director, toxicologist, 1 9 industrial hygienist, you know, and a real heavy 20 technical department and so forth. 2 1 Q. Let's talk about Uniroyal 22 specifically. That is what you would 2 3 characterize, I would say, as a giant which can 24 afford its on corporate medical director, its own 25 toxicologist, its own industrial hygienist, and JACK BESONFR & ASSOCIATES P'.'RT LAUDE'. ALE. PL. ( 305)763-1608 UNIR0001447 95 1 BY MR. BRODHEAD: 2 Q. Correct? 3 A. Pardon me? 4 MS. KOESTER: You can go ahead. I just 5 made an objection. 6 THE WITNESS: I'm not aware of any. 7 MR. BRODHEAD: Thanks, Doctor. 8 THE WITNESS: But If there was, there 9 should be a record of It. 10 MR. BRODHEAD: Thanks, Doctor. 2 1 RECROSS EXAMINATION 12 BY MR. DEAN: 13 Q. I just have a couple. 14 Tomorrow we're going to be taking the 15 deposition of Doctor Walter Harris. Do you recall 16 the Doctor Walter Harris ever visited the Monochem 17 plant? 1 8 A . I don't recall. 1 9 Q. Do you recall ever having any 20 discussions with him about the Monochem plant? 2 1 A. I don't recall. 22 MR. DEAN: Okay. Thank you. 23 THE WITNESS: It would have been highly 24 unlikely if we didn't have such discussions. 25 MR. DEAN: Thank you. JACK BESONZR fk ASSOCIATES FORT `LADOERbALK , FT UNIR0001448 97 1 CERTIFICATE 2 3 4 5 STATE OF FLORIDA SS . 6 COUNTY 07 BROWARD 7 8 I, Jeffrey M. Goldstein, being a 9 Certified Shorthand Reporter and Notary Public in and for the State of Florida at Large, do hereby 10 certify that I reported In shorthand the deposition of JACK H. WOLFSIE, that the deponent 1 1 was first duly sworn by me; that reading and signing of the deposition were not waived by the 1 2 deponent; and that the foregoing pages, numbered from 1 through 96, inclusive constitute a true 1 3 and correct transcription of my shorthand notes of the deposition. 14 I further certify that I am not of counsel, I am not related to nor employed by an 1 5 attorney connected to the above-styled cause, nor interested In the outcome thereof. 16 The foregoing certification does not apply to any reproduction of this transcript by 1 7 any means unless under the direct control and/or direction of the certifying shorthand reporter. 18 IN WITNESS WHEREOF I have hereunto affixed my hand th^ 16th day of November, 1992 19 20 el , 21 fcRY public;" at GE . MY COMMISSION 22 EXPIRES 2-26-94. . 23 24 25 JACK BESONFR fit ASSOCIATES FORT LAUbBIlBftLS, . ( Oft > 1 - 1 SO S UNIR0001449 99 1 TO BE EXECUTED BY THE NOTARY IP THE DEPONENT DOES 2 NOT SIGN: 3 4 5 6 I hereby certify that a letter with reference 7 to reading and signing deposition was mailed to 8 the witness through his attorney, on 9 , 1992, and that the w 10 ( ) Witness refused to sign, giving the following 1 1 reason: 1 2 ( ) Neither the witness nor his attorney has 13 responded to request to read and sign. 14 15 16 17 (DATE) Notary Public 1 8 MY COMMISSION EXPIRES: 19 20 21 22 23 24 25 JACK BFSONF* * ASSOCIATES FORT LAU0S*PA t, FL. (306)763-160B UNIR0001450