Document G586BbGknkYRYJgB0pvdZNvOV

.Disc U i* o*__ V_.;. (* r,t,i }(*(*! 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF TENNESSEE 3 NORTHERN DIVISION ( PLAINTIFF'S EXHIBIT W5G /&/ 4 CASE NOs. 3-83-511 and 3-84-768 5 6 DISCOVERY DEPOSITION OF BENJAMIN G. MIRIELLO 7 COUNTY OF ANDERSON, TENNESSEE, et al., GEORGE LOUIS 8 BYRD, et UX., 9 10 vs . Plaintiffs, 11 UNITED STATES GYPSUM COMPANY, et al.. 12 Defendants. . a. 'Sialic 13 PURSUANT TO NOTICE and COURT ORDER, 14 the a bo ve-en ti11 ed depositi on wa s ta ken on behalf of 15 the Def endant, U . S . Gypsum, a t 13 696 Eas t I liff p:L ace 16 Aurora, Colorado on Januar y 14 t 1985, a t 10:20 a,in f 17 be f <5 re Dawn Cald e r wood, Cer ti fi ed Shor th and Reportter 18 and Not ary Publi c. 19 20 tprarpmnr? 21 JUL 24 1985 22 trassinrE 23 24 CALDERWOOD/MACKELPRANG 6 ASSOCIATES CERTIFIED SHORTHAND REPORTERS, RPR's 25 1554 VINE STREET DENVER, COLORADO (303) 394-2057 CALDERWOOO/MACKEL PRANG 6 ASSOCIATES ( 303) 39 4-20 57 2 1 APPEARANCES: 2 For the Plaintiffs: 3 4 MICHAEL Y. ROWLAND Rowland & Rowland 10 Emory Place Post Office Box 3308 Knoxville# Tennessee t 5 For the Defendant U.S. Gypsum: . 6 7 DARRYL G. LOWE Kennedy# Montgomery & Finley 1701 Plaza Tower Post Office Box 442 Knoxville# Tennessee 8 9 Also present Barbara Arras 10 11 12 13 EXAMINATION BY MR? LOWE 14 INDEX PAGE 3 IS 16 17 EXHIBITS 18 FOR IDENTIFICATION PAGE IS Deposition Exhibit 1 Newspaper article from the 2C Jersey Journal# March 3# 1936 17 2] 2: 2; 2 2' CA r.nPBwnnn / war vpr. so % f* m ^ ae i AA * 3 1 2 WHEREUPON, the following proceedings 3 were taken pursuant to the Federal Rules of Civil 4 Procedure. 5 ***** 6 MR. LOWE: This deposition of 7 Mr. Miriello is being taken pursuant to notice for a 8 discovery deposition and also pursuant to the order 9 of Judge Murrian of the United States District Court 10 for the Eastern District of Tennessee. 11 And if we could, we would like to go ahead 12 and attach the notices to the deposition. 13 MR. ROWLAND: You brought copies, so 14 that's fine. 15 MR. LOWE: That's probably for both; 16 right? 17 MS. ARRAS: It's for Anderson, Byrd, 18 Lytle and Shultz. 19 MR. ROWLAND: And noticed in two or 20 three other cases. I will try to get you a complete list of them. BENJAMIN G. MIRIELLO, having been first duly sworn to tell the truth. testified as follows: 4 1 EXAMINATION 2 BY MR. LOWE: f 3 Q. Mr. Miriello, if you would, please state 4 your full name for the record. 5 A. Ben -- otherwise known as Benjamin -- 6 G. Miriello. 7 Q. What is your present address? 8 A . 2750 South Xanada Way, Aurora, Colorado. 9 Q. If you would, please, give me your date of 10 birth. 11 A. April 9th, 1920. 12 Q. And that would make you, presently, 64? | 13 A. Correct. 14 Q. And by whom are you employed? 15 A. I am retired from AT&T Technology. 16 Q. How long did you work for AT&T Technology? 17 A. Forty-two years. 18 Q. When did you retire? 19 A. In June of 1984. 20 Q. So you would have started for AT&T, then. 21 back in 1942? 22 A. Correct. 23 Q. Is that correct? All right. Let me go 24 back , if I could, and give me your place of birth. A. Place of birth would be Jersey City, New 5i I I Jersey. 2 Q. And did you grow up there? ' 3 A. I did. ! 4 Q. Did you go to school there, your primary 5 elementary education? 6 A. I did. i 7 Q. At what location did you first work for 8 AT&T Technology? 9 A. In the Kearny Works at Kearny, New Jersey. 10 Q. Were you still living* in Jersey City at 11 that time? 12 A. I was . 13 Q. When did you move away from Jersey City for 14 the first time? 15 A. For the first time -- after I married -you want an approximate date? I couldn't give you 16 i j | 17 the actual date. 18 Q. Yes. ' .{ j 19 A. You are taxing my memory, and it's not that | 20 great. Well, I was married 30 years. So let's take 21 back from 30, would be the approximate time Z moved 22 out of Jersey City. 23 Q. At age 30? 24 A. Yes . 25 Q. So that would have bee . about 1950? j /'Hf r\ C D - * / /^ *** / M ^ V P ^ n ) Mf/" A^ ^f - 6 1 A. Got me. 1 didn't realize that I had to 2 come up with these kinds of dates. What the heck. 3 Barbara -- Ron was born there, so he's 32. Thirty : 4 years ago, yeah. 5 Q. Do you recall approximately when you moved 6 to the Denver area? ' 7 A. Some 20-odd years ago -- 1965. 8 Q. 1965? 9 A. Uh-huh. 10 Q. Now, what line of wor-k did you follow after 11 you finished high school? 12 A. Well, I started working for Western 13 Elec tric. 14 Q. You started immediately after high school? 15 A. Yes . 16 Q. Okay . 17 A. Barring -- well, actually, yes. I went 18 into the service after that, while I was working for 19 them. 20 Q. You were in the service for what years? 21 A. Well, 1942 to 1945. 22 Q. Do you recall what year you graduated from 23 high school? 24 A. 1937. 25 Q. What did you do from 1937, then, to 1942? CALDERWOOD/MACKELPRANG & ASSOCTATPk fin1*' 1 ^ I 7 1 A. What did I do from 1937 to 1942? 2 Q. What line of work, or did you work? f 3 A. I worked for Macy's, Bloomingdale's, 4 Colgate-Palmolive. 5 Q. Still living in Jersey City? 6 A. Correct. 7 Q. Now, if you could, I would like to ask you 8 at this time to produce for us, to take a look at, 9 any documents that you intend to use or that you will 10 be relying upon in your deposition here today. 11 Do you have anything? 12 MR. ROWLAND: I have got copies of -- 13 THE DEPONENT: Copies of the letter 14 that I wrote to U.S. Gypsum. 15 MR. ROWLAND: I thought you already 16 had these (indicating). 17 MR. LOWE: I can't anticipate what you 18 are going to use in the deposition. 19 THE DEPONENT: The letter I wrote to 20 U.S. Gypsum about my father's death, their reply, and 21 his death certificate. 22 BY MR. LOWE: 23 Q. Let me ask you if this letter dated June 8, 24 1950, is the letter that you wrote regarding your 25 father's death? 8 1 A . Very much so. 2 Q. And is that letter one that you intend to 3 rely upon in your testimony here today? ! 4 A. When you say "rely upon," how do you mean? 5 Q. Well, is it your understanding that you are 6 going to be using this letter in your testimony here 7 today? 8 A. Well, I will refer to this letter, yes. 9 Q. And the second document is a letter dated 10 December 27th, 1950, which I understand to be the 11 reply to your letter? 12 A. That's correct. 13 Q. And then you have shown us a copy of a 14 death certificate. The name of the deceased is 15 Raffaele, Ralph, Miriello. Is that correct? 16 A. Correct. 17 Q. Do you know of any other documents that you 18 have in your possession or have access to that you 19 will rely upon to give your testimony here today? 20 A. No. 21 Q. Have you gotten any information, that you 22 intend to testify about today, from relatives back in 23 New Jersey? 24 A. I should have and could have; but I didn't, 25 no . /* % t c* n rt / u A /** V P T OOIMT r (50 A/e f * / ^A^ \ %A i 9 1 Q. All right, sir. Let me ask you, if I can, 2 please, sir, to tell me your father's main occupation 3 as you recall it from the earliest part of your ! 4 childhood that you have a recollection of. 5 A. Cabinetmaker. 6 Q. And in that particular occupation, what 7 type of things did he do? -- if you know. 8 A. What did he do? 9 Q What type of things did he do? 10 A. Made chest of drawers*-*- you know, 11 furniture, woodworking. 12 Q. Would that have been primarily in the 13 Jersey City area? 14 A. Yes. 15 Q. Now, was that his main occupation 16 throughout his adult work life history up until the 17 time of his death? 18 A. Very much so, yes. 19 Q. Do you know how he came to work at the 20 Henderson Street plant? 21 A. Yes. During the depression years, jobs 22 were hard to come by. And he was forced to look for 23 employment elsewhere. 24 Q. In other words, he couldn't make a living 25 to support his family as a cabinetmaker at that time. rAr.nrsMfinn/marifELPRANr. s. tssrrrifrc trcrw 1 during the depression years, so he then took 2 employment where he could find it, basically, for 3 that period of time? ` 4 A. Correct. 5 Q. Did he, at some point in time after working 6 at the Henderson Street plant, then go back to his 7 employment as a cabinetmaker after the economy got 8 better? 9 A. Tr ue. _ 10 Q. The depression years,*from my history 11 lessons -- not from my memory -- started about 1929. 12 Do you know, or do you have any idea when your father 13 worked at the Henderson Street factory? 14 A. Somewhere or another the date of 1933 comes 15 into play, as far as ay recollection goes. 16 Q. Realizing that's a long time ago - 17 A. Cor rect. 18 Q. -- and that our memories aren't always the 19 best, but sitting her today under oath, your best 20 recollection is that your father worked at the 21 Henderson Street plant in 1933? 22 A. Approximately, yes. 23 Q. Okay. Do you have any independent 24 recollection as to how long he worked at the 25 Henderson Street plant? r & r. \ p sunn n / v a r v P. r. p 9 ANrt c iscnrufce / in > \ ui.inn 1 A. Several years. 2 Q. In your letter you indicate that your 3 father worked in the Henderson Street plant in 1935." 4 Would it be your best recollection that he worked 5 there from the years 1933 to 1935? 6 A. Yeah -- within that area or years, yeah. 7 Q. Is there some way you can correlate the 8 time that he worked in the Henderson Street plant 9 with your childhood or your experiences or your age 10 or years in school? Is there any way that you can go 11 back and do that? 12 A. Let's see. How can I correlate it? Ho, I 13 guess my recollection would only be the fact that I 14 remember coming home from school and having lunch 15 with him when he was working at that plant. 16 Q. Would that have been before you went to 17 high school', or do you recall? 18 A. It would be, yeah, uh-huh. 19 Q. Is there something about that -- in other 20 words, you recall coming home from lunch yourself 21 before you went to high school but not after you 22 started high school? 23 A. No, I just realized I came home from school 24 and had lunch with him. So it was during the 25 depression years. If I had to, I could sit down and 12 1 figure it out; but you are taxing my memory somewhat. 2 Q. Is it your best recollection, as we sit r 3 here today, that he went back into the cabinetmaking' 4 or furniture-making occupation around 1935 or 1936? 5 A. Uh-huh, somewhere in there. 6 Q. Don't say "uh-huh," if you would, for the 7 court reporter. Please say yes or no. 8 Is it your best recollection that he went 9 back into his main occupation as a cabinetmaker 10 between 193S and 1936? 11 MR. ROWLAND: If you know the exact 12 date. 13 THE DEPONENT: I don't know the exact 14 dates. I am approximating the dates. Yeah, 15 somewhere in that area. 16 BY MR. LOWE: 17 Q. Now, you have indicated that probably the 13 beginning of his work at the Henderson Street plant 19 was probably around 1933. Could it possibly have 20 been earlier than that? 21 A. Could it have been earlier? I really 22 couldn't say actually whether it was earlier or not. 23 But those are the immediate dates that I can 24 r eco11ect. 25 Q. I apologize for being insistent -- but 1933 13 1 to 1935 are the years that you feel comfoctable with; 2 is that correct? 3 A. In that range, could be two years before or 4 after. 5 Q. What was the address where you and your 6 family lived back then? 7 A. 218 Grand, G-r-a-n-d. That's on the 8 letters, also. 9 Q. All right. Do you recall ever living at 10 8 Lexington Avenue in Jersey Ci*ty? 11 A. I lived at 8 Lexington Avenue in Cranford 12 not Jersey City. 13 Q. That was not in Jersey City? 14 A. That was my first home that I moved to 15 after getting married. 16 Q. While your father worked at the Henderson 17 Street plant, you lived on Grand Street? 18 A. Correct. 19 Q. And you probably recall that because it was 20 in fairly close proximity to the plant? 21 A. Very much so; it*s just around the corner. 22 Q. Was your father a cigarette smoker? 23 A. Ho. He smoked an occasional cigar. 24 Q. Your best recollection is that he did not 25 smoke cigarettes? n a r n c otjr> a r / u * v pr o o & Mrt e. a e e r % e non i a _ e * 14 1 A. That's for sure. 2 Q. Do you recall, sir, whether or not your 3 father ever received his wages in a pay envelope with 4 cash in it as opposed to a check, or do you recall? 5 Do you have a recollection one way or the other? 6 A. Somehow -- this is vague -- but I think it 7 was a check. 8 Q. Do you know if you or any member of the 9 family -- your brothers and sisters -- would have a 10 check stub or some sort of a pay slip - 11 A. At this day and age? 12 Q. Yes. 13 A. Ho. 14 Q. -- that would show, specifically, who it 15 was that your father worked for at the Henderson 16 Street plan t? 17 A. No, by no means. 18 Q. Let me ask you, Mr. Miriello: Do you smoke, 19 or have you ever smoked? 20 A.. Yes, I do. 21 Q. On a regular basis? 22 A. Uh-huh. 23 Q. How much do you smoke, please, sir? 24 MR. ROWLAND: What does that have to 25 do with this case? r & r. nr sunn r /u a nv pr. PS AH ft c a ?nrr a tpc / i n 7 \ to * - *> * e * 15 1 MR. LOWE: This is discovery. All I 2 am asking him about are his smoking habits on a daily 3 basis. f ' 4 MR. ROWLAND: What in the world does 5 that have to do with the subject of this litigation? 6 MR. LOWE: It may be tied in. I don't 7 think I have to show it's relevant at this point in 8 time* or it's admissible evidence. I don't think the 9 Rules require me to do that. 10 THE DEPONENT: Suppose I am refusing 11 to answer? 12 MR. LOWE: Z want to ask you that. 13 THE DEPONENT: I don't think it's 14 relevant to what we are talking about. That's my own 15 personal opinion. 16 BY MR. LOWE: 17 Q. Do you mind telling me how long you have 18 been a smoker? 19 A. No, because we are not talking about me. I 20 am not being prosecuted, as such. 21 Q. Did you ever receive any baseball cards in 22 tobacco that your father brought home when you were a 23 boy? Do you ever remember getting anything like that? 24 A. NO . 25 Q. You don't remember your father bringing 16 1 cigarettes to the house or smoking cigarettes? 2 A. Not at all. Z already told you he was an 3 occasional cigar smoker. ! 4 Q. When you were growing up, do you recall S reading the city newspaper? 6 A. Yes. 7 Q. Was that the Jersey Journal? 8 A. Cor rect. 9 Q. Let me show you, if I could, please, sir, a 10 copy of the Jersey Journal date'd Tuesday, March the 11 3rd, 1936, and ask you if you would look at that and 12 just familiarize yourself with that for a minute. 13 MR. ROWLAND: Row about showing me the 14 other documents that you have got from your company 15 files about his father and his employment. 16 MR. LOWE: I don't have -- as a matter 17 of fact, there is no evidence that he ever worked for 18 U.S. Gypsum. 19 MR. ROWLAND: Yeah, there is. Right 20 here (indicating) is the evidence. 21 MR. LOWE: A search has been made, and 22 there is no evidence that he worked for the 23 U.S. Gypsum Company. 24 THE DEPONENT: This (indicating) is 25 their rely to my letter, and it says U.S. Gyp-urn. M A^M A M /# A M f ft fl 4 It ^ 17 1 I can't read this; I am sorry. It's too - 2 BY MR. LOWE: ' 3 Q. Are you not able to read that print? r 4 A. Just the large print/ yeah. 5 Q. Read to ne( if you would/ what you can read. 6 A. What I can read? aLarge Gypsum Firm Comes 7 Here; Jobs For Hundreds." 8 Q. Is there anything else in that article that 9 you can read? 10 A. "$100/000/000 corporation takes 11 50-year lease. Decision made after survey conducted, 12 say officials." 13 Q. Anything else? 14 A. "Murder trial." 15 MR. LOWE: We would ask that that or a m 16 copy of that newspaper article be introduced and 17 admitted as Exhibit 1 to your testimony. 18 (Deposition Exhibit 1 was marked for 19 identification.) 20 BY MR. LOWE: 21 Q. Mx. Miriello/ a few minutes ago you 22 indicated -- when I was having a side conversation 23 with Mr. Rowland about employment records regarding 24 your father -- that the letter that we looked at was 25 an indication that your father worked for 0.S. Gypsum CALDERWOOD/MACKELPRANG & ASSOCIATES (303) 394-2057 1 Company. 2 Can you tell me which letter you are 3 talking about? ! 4 A. Both. 5 Q. Would you show me, In the United States 6 Gypsum letter, where it indicates that your father 7 worked for United States Gypsum Company? 8 A. It's in reply to my letter. 9 Q. They don't acknowledge in their letter to 10 you that he worked there; do they? You are just 11 saying that since they did write you back, that you 12 feel that's an indication he did work there; is that 13 right? 14 A. I was invited for a tour of the plant. I 15 went for a tour of the plant at their request. 16 Q. They invited you for a tour of the plant? 17 A. Yes . 18 Q. Is that what you are relying upon to show 19 that your father worked for U.S. Gypsum? 20 A. I know he worked there. 21 Q. I understand that you say he worked there. 22 A. I know he worked there. 23 Q. All right, sir. But is there anything, 24 other than what you just pointed out in the letter, 25 that indicates that he did, in fact, work there -- by r&r.nppwnnn/war vrr, prano k mnrritp? 1 4 19 1 documents, not by what you are saying but by a 2 docuraent? 3 Do you feel there is anything in this ' 4 letter dated December 27, 1950, to you that admits or 5 indicates that your father worked for United States 6 Gypsum Company? 7 A. Z don't know what you are driving at. 8 Q. What I aa driving at -- is there any 9 acknowledgement anywhere in this letter that states 10 that your father did, in fact, `work for United States 11 Gypsum Company? 12 MR. ROWLAND: Well, I think the letter 13 speaks for itself. 14 MR. LOWE: I am entitled to ask and 15 have that question answered. 16 THE DEPONENT: One would think that if 17 I wrote a letter to my father's place of employment 18 and they replied, that that, in Itself, is an 19 acknowledgement of his being an employee there. 20 BY MR. LOWE: 21 Q. So I will understand, the only thing that 22 you are relying upon as evidence that your father 23 worked at United States Gypsum Company is the fact 24 that you wrote them a letter and that they wrote back? 25 MR. ROWLAND: That's not cu-rect. He f eC mr> ~ > A "t \ ")04_^Ae^ 20 1 said he knew he worked there. 2 MR. LOWE: I am asking you, sir -- f 3 THE DEPONENT: I used to bring lunches 4 to him there. 5 BY MR. LOWE: 6 Q. We are talking now, at thispoint, about 7 documents that indicate whether your father did or 8 did not work for United States Gypsum Company. 9 A. Here's (indicating) -another document that 10 will tell you, because he died of asbestosis. 11 Q. Is there anything on the death certificate 12 that indicates your father worked for U.S. Gypsum? 13 A. Where else would he have gotten asbestosis? 14 Q. Is -- 15 A. On the heading ofthis letter -16 Q. Let me finish my question first. Is there 17 anything on the death certificate, anywhere, that 18 states United States Gypsum Company? 19 A. No. But I am sure if you went to Dr. 20 Blum's records# it does list U.S. Gypsum Company. 21 Q. Is there anything on the United States 22 Gypsum Company letter that acknowledges that your 23 father was ever an employee of United States Gypsum 24 Company? -- other than the fact that they simply 25 responded to your letter. ' 21 III i 1 A. Well# wouldn't one think that if you wrote 2 to a company -- ,! 3 Q. Excuse me, sir, just answer my question. 4 , MR. ROWLAND: Darryl, he's trying to 5 an swe r . 6 BY MR. LOWE: 7 Q. Is there anything in this letter, anywhere, 8 that acknowledges that your father worked for United 9 States Gypsum Company? . 10 A. I am telling you, sir, that if one wrote a 11 company, they would deny the letter that they 12 received. And they wouldn't bother answering it and 13 would say we will not concede to the fact that your 14 father worked here, so we have no further 15 acknowledgement of your letter. 16 But they are acknowledging my letter and 17 answering it and stating that they are -- as you can 18 very well read. 19 Q. That is your opinion; is that correct? 20 A. It would be any intelligent person's 21 opinion. I am not knocking your intelligence. 22 Q. As a matter of fact, the letters says 23 specifically -- and if you would follow me on this. 24 A. You are picking out -- you are isolating 25 statements in the letter to try to bring out a point 22 I 1 that doesn't exist, sic. 2 Q. Let me do this. And, for the record, by f 3 quoting from this letter, I do not waive my right to 4 object to the introduction of any of these documents 5 as exhibits to the plaintiff's proof in chief. 6 If you would please direct your attention 7 to the second paragraph of the letter and see if I am 8 reading this correctly. 9 A. You are taking something out of context. 10 Q. Follow along - 11 A. You want to take this out of context. 12 Q. I want you to look and see if I read it 13 correctly -- and I quote: "A check of our records 14 shows that our company did not acquire and operate 15 its New Jersey plant where your father was employed 16 until February 28, 1936, and accordingly, his 17 employment or the bulk of it must have been for the 18 prior owner or operator of that plant." 19 A. Who was the former owner? 20 Q. Sir, answer my question. 21 A. Who was the former owner? 22 MR. ROWLAND: If he read it correctly, 23 just agree he read it correctly. 24 THE DEPONENT: Because National Gypsum 25 Company is U.S. Gypsum Company; they are one in the 21 1 same. 2 MR. ROWLAND: Did he read the thing 3 cor rectly? 4 THE DEPONENT: Yes, he read it 5 correctly. 6 MR. ROWLAND: Okay, fine. 7 BY MR. LOWE: 8 Q. Now, you just indicated that, in your 9 opinion. National Gypsum Company and U.S. Gypsum 10 Company is one and the same company. Did I 11 understand you correctly? Is that correct? 12 MR. ROWLAND: If you know, tell him 13 what you know. if you don't know, don't try and 14 guess at something. 15 THE DEPONENT: No, I don't know. 16 MR. LOWE: I would suggest to you, 17 Mr. Miriello, that what Mr. Rowland just said as 18 counsel for the plaintiff in this case would hold 19 whole true for all of your testimony -- that you 20 should not guess and just state what you know. I 21 believe that's all. 22 MR. ROWLAND: I don't have any questions on this deposition. (Whereupon, at 10:56 a.m., the deposition concluded.) 1 2 I have read the foregoing transcript 3 of my testimony and have indicated same by my 4 s ignature. 5 6 7 8 BENJAMIN G. MIRIELLO 9 10 11 STATE OF COLORADO 12 CITY AND COUNTY OF DENVER ) ) ss. } 13 14 15 Subscribed and sworn to before me by 16 the said BENJAMIN G. MIRIELLO, thisday of 17 1985. 18 My commission expires 19 20 21 Notary Public 25 1 STATE OF COLORADO 7 2 ) SS . CITY AND COUNTY OF DENVER ) 3 I* Dawn Calderwood, a Certified 4 Shorthand Reporter and Notary Public for the State of 5 Colorado* do hereby certify that previous to the 6 commencement of the examination* the said BENJAMIN G. 7 MIRIELLO was duly sworn by me to testify the truth in 8 relation to the matters in controversy between the 9 said parties; that the said deposition* consisting of 10 23 pages* was taken in shorthand by me and was 11 reduced to typewritten form; that the foregoing is a 12 true transcript of the questions asked* testimony 13 given* and proceedings had; that I am not attorney 14 nor counsel nor in any way connected with any 15 attorney or counsel for any of the parties to said 16 action or otherwise interested in its event. 17 IN WITNESS WHEREOF* I have affixed my. 18 notarial seal this ________ day of __________ 19 198 5. 20 21 22 DAWN CALDERWOOD 23 Calderwood/Mackelprang & Associates Certified Shorthand Reporter 24 and Notary Public 25 26 | i 1 CAL DE RWOOD/MAC KELPRANG 6 ASSOCIATES 2 15S4 Vine Street 3 Denver, Colorado 80206 4 Januar y 25 , 198 5 5 6 Mr. Benjamin Miriello 2750 South Zanada Way 7 Aurora, Colorado 80014 8 Re: County of Anderson, et al. vs. O.S. Gypsum 9 Your depositions (discovery and" videotape) in the 10 above-entitled case have now been transcribed. The court Rules require that we file your depositions 11 promptly. Therefore, iff you would like to review and sign your deposition,s please call our office to make 12 an appointment . . . 13 _________ within 30 days to comply with the 14 statute. 15 X__________ b^________________________ , so the deposition may be filed in time for trial. 16 17 If you do not call for an appointment within the time 18 designated, we shall file your deposition unsigned. 19 S ineerely, 20 21 Dawn Calderwood CALDERWOOD/MACKELPRANG & ASSOCIATES 22 Registered Professional Reporters 23 cc: M. Rowland D. Lowe 24 Court, File 25 / // ' cJruJtJJMs / Jsara/l/ fs*' sMXfl *, in * *~fn fc'f*rz> * AUffa* \Jth ' 9tr<M^//:*~je* ?'*y* . i$ _n*3iZ</Ww/ .77. r**/- 'cj<^c*/ _-"" . 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S&*/yAtTfr/z/ **+ y*~t//. ..... J./A^ * ^. *4'4*? 4^ 44f ^zZ^yLyJlL **y*' Jv2s*7^Z<' s6*3L+' s&tZiZ ^ fa: ~ j^Gsfc yOa. ^c^CZj/ '--^rt . v2-<^ *<?4<y*> ^Z**~*Ly. X-- AA^a./t+fafir f&Cc+ ._................... ,. .jJL -tj<*-!'.. o^dJ&+r*i, ifhj.,. "7^<f/?"*- f^c r ~ -__ ___ .x-'i-. 1^ _________1_a_*__*___J/iAit^f*-w--r^___.7T ^-O' ^*-**C. >~sr?+jpz* r*> ^TTc-trz^^ ` *>qZ- yi0?n ^s>*,+*t**-Z~+-y Jp y -^A y/iL^l</ >^ 'T4S*4*^1*/. J*~ ^ -^r^: 0t-cS~ f~?7*./ j+ ^g/ ____ ^i*Lf__ (?0>t^ZjZ, ^Cnt*' &Uc*t ______ >J* - &S/: ^sZ&v/ttv/* Crr^ZcJ_ $$rras 4. ^.w4f*6't,/t/ Sit*? /^Zd^^ Jra+Tf ^Mr . ~7j*rr+rt/t*C- ^J*-%Lcl ,jj(lr, CL dull -jj&i. yU*i^y^pnij^Li.ditc/. UNITED STATES GYPSUM COMPANY 300 WEST ADAMS STREET CHICAGO 0, ILLINOIS December 27, 1950 Mr. Ban G. Mlriello 218 Grand Street Jersey City 2, New Jersey . Dear Mr. Mlriello: We acknowledge your letter dated December 13, 1950. Also, the writer has reviewed your earlier letter written June 8, 1950. By inadvertence your June 8th letter was not acknowledged. It did, however, receive our attention last summer and an investigation was made at that time due entirely to your letter. * In your letter of June 8, 1950, you stated that your father worked in our plant "some fifteen years ago". A check of our records shows that our company did.not acquire and operate its New Jersey plant where your father was em ployed until February 23, 1936, and accordingly, his employ ment or the bulk of it must have been for the prior owner or operator of that plant. 'Insofar as the writer knows there have been'no occupational disease olalms made for or on aocount of asbestosls against our oompany at that plant. In fact, since June, 1939* no asbestos has been used in the manufacture at that plant. . We feel that much has been accomplished over the period of the past few years in the field of Industrial hygiene and we are rather proud of the record and program of our particular company. We believe that we have a modern plant in New Jersey and*that everything which reasonably'oan be done is being done towards the health and safety of the people in connection with that plant. At least, such is our policy. In view of the statements contained in your letter, we would welcome an oppor tunity to show you around the plant to the end that you may see for yourself what we believe we have accomplished during the 1 Mr. B. G. Miriello Dec. 27, 1950 2. period of our ownership and operation of the plant. Mr. E. 0. Gerfcin is the works manager at the New Jersey plant. We suggest, if agreeable to you, that you telephone and make arrangements with him for a visit through the plant at a time which meets with your mutual convenience. Tours very truly, UNITED STATES GYPSUM COMPANY I I: ' ' *4 .... N? 1 " :< 7'J OFFICE OF IIE01STUAB OF VITAL STiTIffnC6 OF HUDSON COUNTY ilDIET CITT NEW J E It M r. I This (i to Certify (hat die following is corrccdy copied from a record of Death in my office. N/Mf or occtAsto PLACE Of OCATM ou or ciAtM iffaelc ( Ralph) Mlrlollo Jersey City, MJ March 19, 19l|9 ruci or aiinN Italy wn M COLO* w MANITAL CONOITIOM Married OATC or aifVTH March 22, 1080 . AO MU *? CAuac or death Asbestosis,' bilateral, marked Coronary Pulmonale, lUPPlCMtNTAl. INfOAMATION If OCATH WAS OUC TO UTCSNAL CAUSES ACCtOftNT. SUICIDE OS NOMICIOC oatc or OCCUAAENCE cm, d> taoinmi OIO INJUSr OCCUA IN os A0OUT HOME. IN INOU0TWAI flACt IN fUSUC PLACE! WMIU AT WOAAt KAMI or rtftSON WHO CCATIflCO CAUSE Of DEATH MIAMI 00 INJUSV rcc*rv ra or rud AOOSUI Dr. Blur., KD. Jersey City, 21J ... /'St ^ ______- PLAINTIFF'S EXHI8IT oAuJl^L. ^2^f<L AL* ------' ~ ' ' ' S'' -' r//l ___ J<u j fc/ pAA?. ^^79v^I .jjf/tcr *&<*> 7i* _ ^s^i/^AA.. J". s**^dz.d&27. ArtTL. S*f*v*c- /* . 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N/WC OF DICCASID FUACC OF DCATH OAT* OF CUTH Fiffaelo ( Ralph) Miriollo ccunirrsocial numiia ta COLOR -rucc or sirtm M W Jersey City, UJ Inarch 19, 19h9 MAMITAL CONDITION OAT* or OINTM Married March 22, l08fl CAUSC Of DIATH AO* aea o* Italy Asbestosis, bilateral, marked Coronary Pulnor.ale IUMUMCNTAC INFORMATION IF DOTH WAS OUC TO UTIRNAI CAUUI ACCtOCNT. FUiClOC on NOMlCtOC OATC OF OCCunnCNCC ctr*. o> yocAfu OIO INJURY OCCUR IN OR AROUT Hone. IN INOUrmiAL PLACC. IN FU8LIC PUCCI WHILX AT WORN* MftANR OF INJURY riCirr r#i or fuel NAMC OF FCRSON WHO CtRTlFltD CAUSC OF OtATM aoomui Dr. Blur., KD. Jersey City, ?IJ 4 ,F 4 PLAINTIFF'S i 218 Grand Street Jersey City 2, New Jersey 8 June 1950 United States Gypsum Company Foot of Henderson Street Jersey City 2, New Jersey Dear Sirs: I want to congratulate you and your wonderful product, Asbestos & Asbestos Shingles. An advancement for civilization. True--we have had it around for years but I've just stopped to realize what a wonderful product it is. I like the advancement of civilization--at times I don't think we have progressed enough. Then when I think of how such advancement as yours has hindered us-I'd like to return to the Caveman era--where health was preserved and man lived beyond the 60 yr mark. Dad worked in your plant some fifteen years ago. As I remember he had a choice of two jobs at the time--one in a cigar factory on Montgomery Street or a job in your plant. He chose your plant (in spite of the fact that it was far less pay) because it was so very close to home. I REGRET the day he set foot in your plant. Dad was a cabinet maker by trade, but due to the lack of work in his trade he took any job to keep bread 2- - on the table for us - his children. He was laid-off due to a slack period in your plant--some years ago. He never returned to your plant--for he had gained employment elsewhere--but the damage was done--he spent a few miserable years in your rat trap. About two years ago we noticed my Dad's health was not up to par. He became short of breath--but he being one never to complain--kept it unto himself for a long time. Soon it became noticeable and unbearable for him. We took him to a doctor--then a chest specialist who informed us he had ASBESTOSOUS. Unable to get around he quit his job. Soon he became bed ridden. His breathing becoming more and more difficult. Soon an oxygen tank was ordered by his doctor to be used when necessary. Then shortly he was using it constantly (did you ever see someone gasping for air--and not being able to help him--its not a pretty thing to see.) After suffering a good deal--Dad passed away on March 19, 1949. The loss of Dad was an ordeal for us but more of an ordeal for Mother. She fell sick after his death and now she may leave us sooner than we know of. I feel that your firm is wholely responsible for my Dad's death and mother's illness. Had he not worked in your plant he would be with us today and would have fifteen years of healthy, happy life before him to enjoy. He was a picture of health--having no ailments of any kind. He never was sick a day in his life--that is until the effects of this Asbestosous hit him. It ate his lungs away. He was like a drowning man--I knew he was drowning but there was nothing I could do but pray for him. Our home will never be the same and we have you to blame for that. The purpose of this letter is to tell you of your negligence in preventing this from happening to us and I hope to prevent it from happening to other families--and it will less you check your plant for Safety measures. You see my Dad worked for your firm back in 1935 and suffered a lung condition after leaving your employ. His doctors--the best we could find--Dr. Matturi and Dr. Blum can bear me out that his Asbestosous condition was cause of his death. So for the sake of God and Humanity--please check your plant for such unhealty conditions and do all in your power to save others from suffering as my Dad did. Remember the little effort on your part will save lives and money. Precaution is better than a cure--there was none for dad. Thank you for taking time out to read this I remain-- Yours truly, Mr. Ben G. Miriello