Document 93mr0goXkBjRdVNK4M42p6v37

1697 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - PART 57 _x ANDREW PACCIONE and FRANCES PACCIONE, -against- Plaintiffs, INDEX NO. 123551/00 A.C. & S., INC., et al, Defendants. --------------..................... X RUSSELL KINGSLAND and JACQUELINE KINGSLAND, -against- Plaintiffs, INDEX NO. 122292/00 A.C. & S., INC., et al. Defendants. ------------ .......................... -X 111 Centre Street New York, New York May 30, 2001 BEFORE: HONORABLE MARCY S. FRIEDMAN, Justice and a jury APPEARANCES: BARON Sc BUDD, P.C. Attorneys for Paccione Plaintiffs 660 Madison Avenue New York, New York 10021 BY: JORDAN C. FOX, ESQ. JOSEPH BELLUCK, ESQ. LEVY PHILLIPS & KONIGSBERG, LLP. Attorneys for Kingsland Plaintiffs 520 Madison Avenue New York, New York 10022 BY: JONATHAN SENNETT, ESQ. ROBERT I. KOMITOR, ESQ. ICi k/ / pro -----s---'-- I/, 7>jA DEPOSITION FILE COPY __Log__Exh. .txt/.tif CD__Disk__IMG LESTER -PORTER 1887 McKillop - Defendant - Direct/01Conne11 2 - Q. Mr. McKillop, from 1962 to 1982, did John 3 Crane sell products for use in refrigeration 4 systems ? 5 A. Yes. 6 Q. What types of packing products? 7 A. Metal like packings, rubber packings 8 vegetable fiber type materials. 9 Q. What type of gasket products? 10 A. In that case it was the vegetable fiber 11 type of product. 12 Q. I want to show you a list of products that 13 Dr. Madison testified about when he performed tests 14 on. I want to ask you first. Are you familiar with 15 those still numbers? 16 A. Yes. 17 Q. Those reference John Crane products? 18 A. Yes. 19 Q. Are you familiar with each one of those 20 products ? 21 A. Yes. 22 Q. Are you familiar with there composition? 23 A. Yes. 24 Q. There are 13 products there. Of those 13 25 products, do you know the fiber type in each of 26 those products? LESTER ISAACS OFFICIAL COURT REPORTER 18 88 McKillop - Defendant - Direct/01 Connell - A. Chrysotile white asbestos. 3 Q. In all 13? 4 A. Let me make sure I can see it there. 5 THE COURT: Can you step down and take 6 a better look? 7 THE WITNESS: Yes. 8 Q. Also I ask you about these gaskets, can you 9 identify these styles? 10 A. Let me just get over there. 11 THE COURT: For the record, these are 12 also styles that Dr. Madison testified to. 1 3 MR. O'CONNELL: Yes, your Honor, he 14 testified to. 15 A. Yes. 16 Q. Are those John Crane product styles? 17 A . Yes. 18 Q. Are you familiar with the composition of 19 those products? 20 A. Yes. 21 Q. What is the type of asbestos in those 22 products ? 23 A. All of them, with the exception of 2112 is 24 a chrysotile material. The 2112 was a blue asbestos 25 material until sometime in the '60s when you can no 2 6 longer get the blue asbestos. What the companies LESTER ISAACS OFFICIAL COURT REPORTER 1889 McKillop - Defendant - Direct/01 Connell that sold us the material did was take the chrysotile and light asbestos and actually color it blue and called it a blue asbestos. Q. What is the intended application for 2112? A. Acid service. 7 Q. Did any of the asbestos containing gaskets 8 sold by John Crane of this list of six include as 9 part of their composition any quartz? 10 A. No. 11 Q. Any talk? 12 A. No. 13 Q. Any vermiculite? 14 A. No. 15 Q. Any magnetite? 16 A. No. 17 Q. Mr. McKillop, as of 1962, who at John Crane 18 was responsible for developing substitutes for 19 asbestos in valve packing, pump packings and 20 gaskets? 21 A. In '62 it was a variety of people that 22 might come up with some ideas. 23 Starting in '63, when I became the 24 sales manager. I definitely went out looking for 25 other material, not necessarily a substitute for 26 asbestos, but materials that would work better as a LESTER ISAACS OFFICIAL COURT REPORTER