Document 93JRnNV6QDz580OL8Odapp7g5
FILE NAME: Reichhold (REI) DATE: 2012 REI013 DOC#: REI013 DOCUMENT DESCRIPTION: Legal-Excerpts from Testimony of TR Madden-Pg 203 & 320-333
Page 203
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let's look at the exhibit. It's a little unclear --
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Q.
Sure. Not a problem.
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A.
25310 --
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MS. SPARDONE: 12.
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THE WITNESS: Yes. Yes, 25 -- 25310
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is -- does appear on Exhibit 12.
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Q.
(By Mr. Thompson) Okay. So that means
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even as of January 1980, it was an asbestos-containing
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product, correct?
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A.
Yes, sir.
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Q.
We have talked about Reichhold 25310 as
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being asbestos-containing, right?
13
A.
Yes, sir.
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Q.
Reichhold 90695 you said was a polyester
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product?
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A.
90-695?
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Q.
Well, 90695 or 90-695, same thing.
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A.
Right. Okay. I just wanted to make sure
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it was the 90.
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To the best of my knowledge, that was a
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polyester material.
22
Q.
Reichhold 3003?
23
A.
That is not a complete Reichhold number.
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It would -- all of the Reichhold numbers would run
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Page 320
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A.
Yes, that is what it states here, and that
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is my general understanding, based on this article.
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Q.
And in fact, you testified about that in
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the past, and this isn't the first time you have seen
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that exhibit, correct?
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A.
No. Not at all and the only question I ask
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to see it is to make sure the '72 date that I wasn't
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going to say oh, no it's an a different date than
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that. That is the only reason I want to see these.
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Q.
And the date was 1972,correct?
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A.
Yes, it was.
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Q.
All right. Now, you were asked this
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afternoon by your Counsel, questions about your
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drafting Material Safety Data sheets in the early '70s
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and ensuring the warnings were posted in the Carteret
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plant and that kind of thing, correct?
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A.
Yes.
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Q.
Are you able toproduce any substantiation
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in support for your testimony today from either
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pictures that were taken at the time, documents that
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were created at the time, anything other than what you
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say here when Reichhold is being sued in personal
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injury cases?
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MS. SPARDONE: Object to form.
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Page 321
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Argumentative.
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Q.
(By Mr. Thompson) You can answer.
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A.
You know, the universe of documents that
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have been produced, not only here and through the
5
depositions and all of that, I think they support
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that. You know, there is -- you know, I know we did
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it. I knew we put them on there. People have looked
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and testified, and don't ask me what cases, and I
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think even some of these peoples commented that they
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saw writing on the Reichhold bags or containers or
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whatever. And that is -- that would be not only just
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retort and globe, but it would have to be the labels
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that we affixed to them.
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The labels refer to Material Safety Data
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Sheet. The data sheets were widely distributed, and
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later on in the '70s were attached to any product
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bulletin that was given out by any of the sales calls.
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Q.
But in all of the litigation that Reichhold
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has been involved with, and you say you testified
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seven times; is that right?
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A.
To the best of my recollection.
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Q.
I don't have seven transcripts, but that is
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another issue.
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A.
I might be off one.
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Page 322
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Q.
Okay. Regardless of that. I will strike
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that and I will ask you this question. You are not
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able to produce any copy of any Material Safety Data
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Sheet other than now the two from January of 1980 that
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we've talked about today, correct?
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A.
That is correct.
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Q.
All right. And in all of this litigation,
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are you aware that anybody anyplace has come up with
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copies of any such documents?
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MS. SPARDONE: Object to form.
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Argumentative. Asked and answered.
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THE WITNESS: No.
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MS. SPARDONE: Speculation.
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THE WITNESS: I mean, you know, I
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have not seen any document produced in
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anything that has been shown to me that,
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you know, was in MSDS or an earlier
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version.
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Q.
(By Mr. Thompson) So basically, it all
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hinges on what you are saying today?
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MS. SPARDONE: Object to form.
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Argumentative.
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Q.
(By Mr. Thompson) Correct in the way you
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testified in a similar manner in the past?
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Page 323
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A.
I don't know.
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MS. SPARDONE: Object to form
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argumentative.
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THE WITNESS: I mean, you know, I
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tried to answer all of the questions the
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best I could no matter how many times that
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we are asked, and I don't want to get into,
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you know, semantics about that, but I have
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done my best job whatever I have said is to
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the best of I my knowledge, and it's the
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best I can d o .
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Q,
{By Mr. Thompson) You would consider
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yourself a loyal company man as far as Reichhold
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Chemicals is concerned, correct?
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MS. SPARDONE: Object to form.
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THE WITNESS: I don't mean by loyal.
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Q.
(By Mr. Thompson) Well, loyal company man.
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You are a loyal company man?
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MS. SPARDONE: Object to form.
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Argumentative.
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THE WITNESS: Yeah, I enjoy working
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for Reichhold, and but I'm not going to lie
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for them.
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Q.
(By Mr. Thompson) Well, when Reichhold
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Page 324
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needed help and wanted you to testify as to help them
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out in litigation, you were willing to do that,
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correct?
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A.
Yes.
5
Q.
All right. There were some questions asked
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about crocidolite. There is chrysotile asbestos and
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then there is crocidolite asbestos and there is other
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types of asbestos, but I believe you testified that
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amosite was the only asbestos - - o r excuse me,
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chrysotile was the only time of asbestos that was used
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by Reichhold in its phenolic molding compound
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products, correct?
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A.
Yes, sir.
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Q.
Now, I'm goingshow you -- I'm going to
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have this marked asanotherexhibit.
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(Plaintiff Exhibit 27 was marked for
17
identification.)
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Q.
(By Mr. Thompson) Mr. Madden, I'm going to
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show you what I have marked as Exhibit 27. You have
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seen it before. It was marked as Exhibit 3 to a
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deposition you were involved with in October of 2010.
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It refers to -- I'll ask you what it refers to.
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A.
Okay.
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MS. SPARDONE: Can I see it?
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Page 325
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MR. THOMPSON: Go off the record.
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THE VIDEOGRAPHER: The time is 6:43
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p.m.. We are off the record.
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(A recess was taken.)
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THE VIDEOGRAPHER: The time is 6:52
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p.m. we are on the record.
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Q.
(By Mr. Thompson) Okay. Mr. Madden, if
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you would take a look at what I have had marked as
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Exhibit 27. And just on the first page of it, which
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is to the left of that cover page, okay. Now, what is
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that document there?
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A.
Okay. This -- it's a single page. It's
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divided in half.
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Q.
I understand that.
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A.
Left half -- to me is left half and right
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half, which is what you want me to look at.
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Q.
Correct. I just want you to focus on the
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left half.
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A.
Left half.
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Q.
Okay. What is that document that is
21
reflected on the left half of that page?
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A.
Well, what appears there is a portion of a
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raw material and container cost standard.
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Q.
And we can't tell from that document what
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Page 326
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the date was, correct?
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A.
I t 's 6/1 --no, something. I d o n 't know
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what the date i s .
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Q.
We don't know what the year was?
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A.
I mean, the year, I'm sorry, the year.
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Q.
And it refers to three types -- three or
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more types of chrysotile asbestos, correct?
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A.
It would appear to be. I know that the --
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yes. All of them. Yes.
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Q.
All right. Now, it says at the top
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Redacted, correct? There is a stamp on there?
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A.
Yes. Yes.
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Q.
And what does that mean, sir?
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A.
To me, in layman's terms, there was
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something else there, and it's been just deleted from
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this copy.
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Q.
Okay. And do you know what was deleted?
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A.
No idea.
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Q.
Would this have been in a section on
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asbestos fiber supply where possibly other types of
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asbestos, like crocidolite may have been mentioned
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below the first three chrysotile reference where is
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there is simply a blank sheet of paper?
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MS. SPARDONE: Object to form.
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Page 327
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Assumes facts. Argumentative. Foundation.
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Speculation.
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THE WITNESS: I have no idea what was
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below that. I have no idea at all.
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Q.
(By Mr. Thompson) All right. Do you know
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who covered up the rest of that page?
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A.
No, I don't.
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Q.
Okay. Mr. Madden, I'm going to -- go
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ahead. We are done with that exhibit.
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I'm going to show you Exhibit 4. We have
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talked about that. That is your boss's December 22nd,
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1971 memorandum to all general and plant managers,
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engineers, safety directors, supervisors, product
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managers and technical salespeople within Reichhold
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Chemicals, Inc., at that time in 1971; do you see
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that?
17
A.
Yes.
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Q.
All right. I would like you to focus on
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the second page of Exhibit 4. And I would you like to
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begin reading here. Peter Fass, by the way, who is
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that?
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A.
At that time, he was, I think his title was
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president.
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Q.
Of the company?
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Page 328
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A.
You know in '71 when I first went over
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there, I am not sure, but I know at some point in time
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he was, the title at least of president.
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Q.
Peter Fass -- I'm going to read: Peter
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Fass has advised that our polyester group has
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interested in finding a replacement for Cab-O-Sil and
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Vince Morrow -- and Vince Morrow is who?
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A.
Vince Morrow was the sales manager or the
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individual in charge of the polyester group.
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Q.
And Vince Morrow has supplied me with a
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toxicology report from Union Carbide on its Calidria
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Asbestos, which offers promise of doing a better job
13
at a more economical cost and is derived from the
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mineral chrysotile, which produces a less toxic form
15
of asbestos than normally encountered when derived
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from the mineral crocidolite.
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Did I read that paragraph correctly?
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A.
Yes.
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Q.
Your boss, Mr. Windsor, told basically
20
everybody in the company on December 22, 1971, that
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the mineral chrysotile produces a less toxic form of
22
asbestos than normally encountered when derived from
23
the mineral crocidolite, correct?
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MS. SPARDONE: Object to form. The
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Page 329
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document speaks for itself.
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THE WITNESS: That is what written
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here, yes.
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Q.
(By Mr. Thompson) And who wrote it?
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MS. SPARDONE: Asked and answered.
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THE WITNESS: CJ Windsor.
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Q.
(By Mr. Thompson) And he was your boss,
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right?
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A.
Yes, when I got over there, yes.
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Q.
In fact, you d o n 't really have any
11
knowledge today, do you, as to whether crocidolite was
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used in some products manufactured by Reichhold
13
Chemicals, Inc., as of December 22, 1971, correct?
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MS. SPARDONE: Object to form.
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Argumentative. Okay. Read it back or
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restate. I 'm trying to
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MR. THOMPSON: I 'll have her read it
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back.
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(The requested portion was read by
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the court reporter)
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THE WITNESS: It was my understanding
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when I got there in '71 or early '72, that
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the only asbestos that we used was
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chrysotile.
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Page 330
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Q.
(By Mr. Thompson) Now, you were also asked
2
some questions by Ms. Spardone earlier about things
3
you did regarding, or to cause Reichhold to be in
4
compliance with OSHA regulations, relative to the
5
handling and use of asbestos, correct?
6
A.
Yes.
7
Q.
And in fact, you wrote, on March 28th,
8
1973, that there was a problem, one reason rather,
9
that Reichhold Chemicals should be careful about using
10
asbestos in new products or different products, other
11
than phenolic molding compound products, was because
12
there is an OSHA regulation that must be given special
13
thought. And that is that each employee who has been
14
exposed to a concentration in excess of the ceiling
15
limit of asbestos exposure must be notified in writing
16
within five days, correct?
17
A.
Yes, that is what appears on page 000077,
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yes.
19
Q.
And you wrote those words in 1973 on March
20
28th, correct?
21
A.
Yes.
22
Q.
And you said employees or their
23
representatives -- and this is a further part of the
24
requirement the OSHA government regulation -- the
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