Document 99LeGVBdJ2zw7BB98jdVb4m23

RONALD CREAMER DEBBIE ACCETURO, INDIVIDUALLY AND AS ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF VINCENT ACCETURO JR. Plaintiff vs. SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY ABEX CORPORATION, et al Defendants : NO. MID-L-6601-99 Oral Deposition of RONALD W. CREAMER, taken pursuant to notice, held at Kelley, Jasons, McGowan, Spinelli & Hanna, LLP, on Friday, March 30, 2007, beginning at 8:30 a.m., before Janice L. Welsh, Registered Professional Reporter-Notary Public, there being present. APPEARANCES: KEEFE BARTELS BY: PATRICK J. BARTELS, ESQUIRE 830 Broad Street Shrewsbury, New Jersey 07702 Phone: (732) 224-9400 Representing the Plaintiff KELLEY, JASONS, MCGOWAN, SPINELLI & HANNA, LLP BY: JOSEPH W. MCGUIRE, ESQUIRE and ROBERT N. SPINELLI, ESQUIRE Two~Liberty-Place-~ Suite..1900......... 50 South 16th Street Philadelphia, Pennsylvania 19102 Phone: (215) 809-8701 Representing: Motion Control Page 1 EXH/BiT ^34 SCF-EC-6000 KNIPES COHEN VERITEXT COURT REPORTING 215-928-9300 WWW.KNIPESCOHEN.COM PHILADELPHIA, PA 292f5bde-7eba-40d0-94b5-1e9d395b146f RONALD CREAMER 1 on its products. Page 43 2 A. No. 3 ' MR. MCGUIRE: I'm going to 4 object because it's unclear what exactly you 5 mean when you seem to distinguish between a 6 need and a requirement. 7 BY MR. BARTELS: 8 Q. Setting aside the requirement, if there 9 was one for such a warning, do you know if 10 Motion believed that it was necessary to put 11 such a warning on its asbestos products at 12 that time? 13 A. In 1973? 14 Q. Yes. ' 15 A. , No. I don't know the answer to that. 16 Q. Again, I'mgoing toreferyou to the 17 very same answer to question 11 down here 18 again. -I'm going to read it, and I'm going to 19 ask you if I read it correctly, and then I 20 have--some.,follow-up, questions-.-........... ............, ---. , 21 A. Okay. 22 Q. "Research hasindicatedthat since 1977 23 answering defendant has included in its 24 containers of asbestos-containing brake 25 linings, a statement which has the same or KNIPES COHEN VERITEXT COURT REPORTING 215-928-9300 WWW.KNIPESCOHEN.COM PHILADELPHIA, PA 292f5bde-7eba-40d0-94b5-1 e9d3 9Sb146f RONALD CREAMER - Page 44 1 substantially the same form and wording as 2 that attached as Exhibit-5, entitled 3 Recommended Procedures For Reducing Asbestos 4 Dust During Brake Servicing.'' Did I read that 5 correctly? 6 A. That's correct. 7 . Q. My question is what research are you `` . 8 referring to, to come to the conclusion "that 9 it was used in 1977 in every container? 10 A. Because I was there at that point in 11 time , and I recall us putting them in the 12 boxes. 13 Q- Is that the research you're referring 14 to, your own personal knowledge? 15 A. Yes. 16 Q. You didn't have to go to anybody else to 17 get the information? 18 A. No. 19 Q. 20 . A.,- You didn't review any documents? -No .... -I-t -may have-bee-n..i-n Tami---s- ..... . 21 deposition as well. 22 Q- Who actually produced this little 23 document that went into the containers? 24 A. I believe the document -- I remember us 25 putting them in there. Initially we sent out KNIPES COHEN VERITEXT COURT REPORTING 215-928-9300 WWW.KNIPESCOHEN.COM PHILADELPHIA, PA 292f5bde-7eba-40d0-94b5-1e9d395b146f RONALD CREAMER Page 45 1 a mailing to everybody, but I believe it was 2 FMSI that produced the original information. 3 Q. This exhibit that's attached to this was 4 actually placed physically into a container 5 that contained what? 6 A. That contained our asbestos-containing 7 brake products. 8 Q. And this document I guess is listed as 9 Exhibit-5; is that correct? 10 A. Yes. 11 Q. So, let's go to Exhibit-5. 12 MR. MCGUIRE: That's the 13 same exhibit you were asking him about a few 14 minutes ago. 15 BY MR. BARTELS: 16 0. Exhibit-5 isactually Creamer-IA? 17 A. Right. IB Q. So, it's your testimony that sometime . 19 around 1977 -- ' _20 A-.-........ We- - s-t-ar-ted--p-u-t-fei-n-g t-ha-fe--i-n--t-he--bex-es-. - 21 Q. At the time Motion began to put this 22 document into their boxes which contained 23 asbestos brakes, do you know whether or not 24 the company believed that asbestos was a dust 25 hazard that could cause disease? KNIPES COHEN VERITEXT COURT REPORTING 215-928-9300 WWW.KNIPESCOHEN.COM PHILADELPHIA, PA 292f5bde-7eba-40d0-94b5-1e9d395b14Sf : 02/22706" 16718' PS3F21S85"48W4F l ' gEIXEY7~JAS0Ng~ETrAL: @D20 SSP-07-l9fe J3*.sa F3CH1 CRfaJISUE CoWtlES 1HG. TO 1Z158S4S434 P. 035^18 e- RECOMMEiTOED PROCEDURES FOR REDUCHNG ASBESTOS DUSTDUHIWQ BRAKE SERVICING ' Because studies have bid cated that exposure to escessiVR amounts of ns Knot dust msy bo 9 paienriil health hazard. O JHA lw set msxinwn^ Smuts of levels of airborne asbestos dust so which workers may be exposed. Since most automotive flmciion materials norms iy cchisnt o sizable amount of asbestos. <1 is impQifant that people who tibnells brake hirings and csuieli facing* un derstand the nature of the proWiaw add know the precautions to be taken. when exposure to asbestos dust maybe as its highest. This' increases the difficulty Sq com plying with the OSHA standards. In addition . to the approved respirator; there must be local exhaust ventilation such that worker ex posures me) maintained below the OSHA asbestos standards- If there is anyquestion as t ^ to the efficiency of asbestos dtm removal by ' the madune, the mamlTa eiureir should be con tacted. tr . Ares? where brake work fs do its should be set : aside. if possible, and entr.t ncas should be posted with an asbestos exposure sign as follows: Asbes os Dust Ms card ,, ' Avoid Bread ing Dyst WearAssigned Protective Equipment * * Do Not Remain in Ares) Umlfl.l c Your Work . Requires It Breathing Asbestos Dust IVJav J!e Hazardous , To Your Health ' The amount of asbestos ir the dust from brake lining wear is normally at art extremely, (aw JeveJ because of) chemical breakdown' dating use. and if machining of friction' material does not taka '.place, simpler procodures wiH. mminjuze ocppsure. Outing brake servicing, the mechanic should wear a respirator approved bt[ for asbestos, dust, ft should be worn dunn| all procedures starting with the removal of wheels and in cluding reassembly. . 'I When aembvtng worn frnuiiort materials,! remove the accutmilsiec dust in tho| assemblies with an md retrial vacuum cleaner! equipped with a high efficiency filter system, -ff-such equipment is no|evail;il3le.-dusi can be{ removed with a dams eJazh Du not use cam-j 'pressed air o* dry omshlirg fai ^loaning unless; the assembly ns enclosed a iu properly ex-| Itausied . ,; Whenever possible, avroltasc frictioni materials pregrOuna Ana read'' for installation If machmmg n necessary ' Ike precautions; v/h<ch must Ire take** 3rf of CKtceme imopr-. lance Tins *s me c:*erk; on iri hrav.e ievicc| 5. Industrial yapuum cleaner bags containing asbestos dust and cloths used for wiping , brake assemblies should bu sealed in plastic bags arid labeled -with the fallowing warning Oabel printed liti letter? of sufficient xhs and contrast to be readily visible and legible. i Caution Contains Asbestos Fibers Avoid Creating Oast Breathing Asbestos Ons( May Causa Serious Bodily Harm ' i All asbestos waste should be disposed of in. accordance vjrith OSHA and EPA asbestos regulations. During removal of vacuum bags, tin approved {respirator, as described fn 12} above should ba worn. .! , 6. Good housekeeping fs essential , in a workplace vvhere asbestos containing materials are .handled. Industrial 'vacuum `cleaners equipped with multiple stage high efficiency tillers should be used for removing accumulation^ of asbestos dust and waste. Never use compressed air or dry-sweepingTor cfeariing- Water or other dust suppressants should be applied if brooms are used. 7 Glood personal hygiene practices arc impor tant in minimizing asbestos dust exposure. Do norsmoRiei'Wash'lfefare_e`atingrShower after" ' work. Change jta wotX clothes upon arrival as . . work and change from work clothes at con clusion of work, Woife. clothing should not be uiken home. [Laundering of asbestos eert- itunmated clothing shah be done so as to pre-' viam release o airborne asbestos fibers in e- emt ol (he exposure limns CAUTION: DO NOT BREATHE ASBESTOS DUST EXHIBIT. (^Unn/lrUjt jJ&hl ssti. | ,1 YiiHHnfTff 'EXHIBIT'S