Document DDd4Jj2oD1EQYQz0zQqpY9Bkd

ROGER HOBBIE Page 46 Page 48 1 That is addressed to you, is it not? 2 A Yes. Tt is addressed to me by a representative of 3 the axle brake division, Dave Jones. 1 think at the time he 4 was their tech service manager. 5 Q And what is the date on that document? 6 A January 14,1987. 7 Q And what is being discussed in that? 8 A They are asking, it was during the approval period, 9 I guess, certification period, for nonasbestos linings. They 10 were asking us to supply them with some specific fleet 11 recommendations, in other words, fleet users that would be 12 willing to put these new nonasbestos linings on their vehicles 13 and run a field test We were being asked that because we 14 were the -- under me, I had the contact people reporting to me 15 that would contact those fleets. 16 Q What size brake were they talking about there? 17 A I think it looks like a steer axle, 18,000 pound 1B steer axle. It probably at that time would have been a 16 and 19 a half by five, I think. 20 Q Now, it sounds to me like when Eaton was moving from 21 the use of asbestos to nonasbestos, there had to be this 2 2 process where they were testing the new nonasbestos products; 23 is that correct? 24 A Yes. 25 Q Ts that correct? 1 area they wanted to make sure the product would meet the 2 standards. 3 Q Do you recall when Eaton first started the process 4 oftesting these NAB brake linings, nonasbestos brake linings, 5 before offering them to their OEMs? 6 MR. QUICK: You mean regardless of class? 7 MR. BARTELS: Regardless of class. 8 A 1 would say to the best of my recollection, probably 9 late '70s. 10 Q Do you recall if there were any particular truck 11 models that posed more of a problem with respect to the use of 12 nonasbestos brakes than others, specifically various weight 13 sizes? 14 A 1 would say probably the on-off road type of heavy 15 haul vehicles more so than any of the general highway use 16 vehicles. 17 (Exhibit 6, internal correspondence-4/16/85, 18 was marked for identification.) 19 Q Mr. Hobbie, I'm going to show you what 1 have marked 20 as Hobbie 6 for identification and just ask you to look at it 21 Show counsel. Have you had a chance to look at that document? 22 A Yes. 23 Q Do you recognize what it is, generally? 24 A Yes. 25 Q What is it for the record? Page 47 Page 49 1 A That is correct 2 Q And the purpose for testing those products was to 3 ensure that they met the SAE requirements for safe braking 4 distances, right7 5 A Well, yeah. In that period oftime too, the Federal 6 Motor Vehicle Standards were developed which gave speci lies as 7 far as standards that the brakes had to meet as far as 8 stopping distance and wear, those types of things. 9 Q Prior to the use of nonasbestos, would it be fair to 10 say that all of the brakes were actually spee'ed for use with 11 asbestos-containing brakes? 12 A Yeah, that was the technology at the time. 13 Q So in this process, now this is 1987, am I to 14 understand that as late as 1987, Eaton is still testing 15 nonasbestos brake linings before they are actually using them 16 because they are still not able to meet the requirements 17 necessary? 18 A Well, yes, but this is a specific request that 19 the percentage oftrucks that would use an 18,000 pound steer 2 0 axle is very small. It's probably a big probably a dump truck 21 or a mixer. And they are asking for specific operators that 2 2 would be operating in a winter environment. So that is 2 3 uncommon. They probably had the confidence. I'm sure it 2 4 probably would have passed all of the other lab tests, a lot 25 of other tests and other field testing but this was a specific 1 A It is a communication from Tom O'Boyle who was at 2 that time the marketing manager of the axle brake division to 3 his boss George Cotter I thinkjust communicating the position 4 that nonasbestos brake linings were coming to the market and I 5 guess there had been an EPA meeting to discuss that, it sounds 6 like we were not represented at And he was just making his 7 boss aware ofthe situation as it was evolving. 8 Q And this is dated April 16, 1985, correct? 9 A Yes. 10 Q Do you agree based on your knowledge as you were 11 working, during the time you were working with Eaton, do you 12 agree with the statement that the standard friction material 13 found in heavy truck brakes today is asbestos? 14 A Yes. 15 Q Based on your knowledge ofEaton at the time you 16 were working for Eaton, do you agree with this statement 17 written in this particular document, while the industry is 18 progressing toward the elimination of asbestos, there is still 19 a great deal ofwork to be done before we can be confident of 2 0 success. 21 Did I read that correctly? 22 A Yes. 23 Q The next sentence, to eliminate asbestos in the near 2 4 term would cause unproven and potentially unsafe products to j 25 be put on the nation's highways. Did I read that correctly? (800) 13 (Pages 46 to 49) MERRILL LEGAL SOLUTIONS 325-3376 www.MerrillCorp.com 5cfe6bcd-afe7-469e-b187-b081ecda30a3