Document BRkq6b6GDRagkwL6VoY73yRy8

I instructed me when I asked what his 2 plaintiffs specific testimony is or 3 whether he Will give plaintiff specific ' 4 testimony, asked me to inquire of the 5 professor, 111 do that only because 6 that's the only way I'm going to find 7 out if he even plans to do this-; but I;; 8 am absolutely not waiving any rights by 9 inquiring today because there is no Way 10 I was-prepared to cross-examine the 11 doctor today regarding any plaintiff 12 specific testimony. 13 He was not so disclosed,-and it 14 takes me completely by surprised. 15 BY MR. GIANARIS: 16 Q. With that being said, sir, do you 17 have plaintiff specific testimony in'these 18 cases? 19 A. No. 20 MR. GIANARIS: Whydidn'tyou 21 tell me that? 22 MS. ROSENBERG: When we talk 23 about the exhibits, I need to get you 24 the exhibits; he can tell you what his ' 25 actual opinion is in this case. T. Marnior Page 149; Page 151 1 comfortable that I knew what kind of trial it 2 was, who the parties on: the other side were. 3 Q. Just out Of an abundance of : 4 caution and I apologize, but I need to do this. 5 and I understand you answered my question, but 6 because Union Carbide's attorney has said wait 7 until we get to the exhibits, are you going to 8 in any way, shape or form say this particular ' 9 plaintiff should have known about this 10 particular exhibit or another particular 11 exhibit or the issuance of this exhibit because 12 he was a blank, or because he lived here, or 13 because he.subscribed to this magazine? 14 A. I don't have that information: 15 about people. I couldn't possibly say that. 16 That is, I'm not going'to testify to links of 17 the kind you just said. 18 Q. Thank you. 19 During the break, did you look at 20 deposition transcripts to determine if certain 21 transcripts were the ones you reviewed before 22 you reviewed for the trial? 23 A. I didn't review them. We' 24 identified them. 25 Q. And determined that .they were the Page 150 1 Q. Are you going to come to trial in 2 Madison County and say anything'<about any one 3 of these plaintiffs in relation to anything? 4 A. In relation to anything? 5 Q. Anything. 6 A. I have no idea what anything 7 cover's.'That's too.broad. 8 Q. I don't want to know if you like- 9 their hair color. 10 A. I have no personal specific 11 information that l care to comment An. The 12 only reason for me to have look at theni is to 13 knowsomethingabout who is in this case, where 14 they live. 15 Q. Why does it matter to you? 16 A. Because I don't like to open my 17 mouth in the contest of a trial where I have no 18 idea who the other parties are, literally, 19 where they grew up and where they live: 20 Q. That's'fair enough. 21 A. That's all. 22 Q. But-you're not going to 23 testify -- 24 A. I think I'ahswered that clearly. 25 Absolutely not. This is just for me feeling Page 152 I ones? 2 A. Right. 3 MR. GIANARIS: Why doiiTwe -- 4 MS. ROSENBERG: WeVe having 5 copies made for you. They should be 6 here relatively soon. 7 Q. Let's talk- about your opinions 8 regarding Union Carbide a little more.' You 9 have three general opinions regarding Union1 10 Carbide, if I'm not mistaken. 11 What are your opinions regarding 12 Union Carbide and how they acted or didiiot act 13 in relation to the dangers of asbestos? > 14 A. I had three conclusions. One wait 15 that what the Union Carbide officials are 16 responsible for, for Calidria, wrote to their 17 customers was broadly consistent with what I 18 knew to be scientifically publicly available in 19 scientific literature at the time. 20 The prior point I was making is 21 that there is a judgement about not so much 22 their views, blit the circumstances in which 23 Union Carbide found itself. That because it 24 was a late comer to the asbestos industry by 25 the time it started in '63, '64, there was ` 38 (Pages 149 to 152) POHLMAN REPORTING COMPANY (314)421-0099